# NA NCDENR North Carolina Department of Environment and Natural Resources Division of Air Quality Beverly Eaves Perdue Governor

A. Stanley Meiburg Acting Regional Administrator USEPA Region 4 Atlanta Federal Center 61 Forsyth Street, SW Atlanta, GA 30303-8960
DearMr. Meiburg: B. Keith Overcash, P.E. Director September 21 , 2009 

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This letter is to certify that the North Carolina Department ofEnvironment and Natural Resources, Division ofAir Quality (NCDAQ) has met the requirements ofSection 11O(a)( 1) and (2) Infrastructure State hnplementation Plan (SIP) Requirements for the 2006 fine particulate matter (PM25) National Ambient Air Quality Standards. Since guidance for the 2006 PM2 5 Infrastructure SIP has not been released, the NCDAQ relied on the October2, 2007 memorandum, "Guidance on SIP Elements Required Under Sections 110(a)(l) and (2) for the 1997 8-hour Ozone and PM2.5 National Ambient Air Quality Standards."
The NCDAQ public noticed the Infrastructure SIP certification documentation in the five major newspapers across the State as well as on the NCDAQ website for 30 days. No comments were received from the public regarding the Infrastructure SIP. Please find attached the "NorthCarolina Certification for Clean Air Act Section 11O(a)(l) and (2) 2006 Fine Particulate Matter (PM2 5) Requirements" Infrastructure SIP.
The NCDAQ believes it has in good faith addressed the requirements ofSection 11O(a)(l) and (2) through the various SIP submittals. Ifyou should have any questions regarding this submittal, please contact Laura Boothe ofmy staffat (919) 733-1488.

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Attachment

cc: Dick Schutt, USEPA Lynorae Benjamin, USEPA Donnie Redmond, NCDAQ Laura Boothe, NCDAQ

1641 Mail Service Center. Raleigh, North Carolina 27699-1641 2728 Capital Blvd , Raleigh, NC 27604 Phone 919-733-3340 I FAX 919-715-7175 I Internet: www.daq.state.nc.us/
An Equal Opportunity' Affirmative Act1on Employer 

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### North Carolina Certification For Clean AirAct Section 11O(a)(l) and (2) 2006 Fine Particulate Matter (PM2.5) 

### Requirements
Under the Clean Air Act (CAA) States must submit State hnplementation Plans (SIPs) for areas designated as nonattainment for the National Ambient Air Quality Standards (NAAQS). Section llO(a)(l) and (2) ofthe Clean Air Act (CAA) require states to adopt and submit to the U.S. Environmental Protection Agency (USEPA) "infrastructure" SIPs that address basic program elements to implement, maintain, and enforce new orrevised standards includingrequirements for emissions inventories, monitoring, and modeling among other elements. Each ofthe basic or infrastructure requirements is listed below along with the corresponding State regulation or State statute implementing each SIP element.
Emission limits and other control measures: Section 110(a)(2)(A) ofthe Clean AirAct requires SIPs to include enforceable emission limits and other control measures, means or techniques, schedules for compliance and otherrelated matters. 15A North Carolina Administrative Code (NCAC) 2D .0500, "Emission Control Standards", serves to establish emission limits for particulate matter (PM) and PM2.5 precursorpollutants. The following regulations address the required control measures, means and techniques:
• 15A NCAC 2D .0600 "Monitoring: Recordkeeping: Reporting"
• 15A NCAC 2D .0900 "Volatile Organic Compounds"
• 15A NCAC 2D .1000 "Motor Vehicle Emission Control Standards"
• 15A NCAC 2D .1200 "Control of Emissionsji-om Incinerators"
• 15A NCAC 2D .1600 "General Conformity"
• 15A NCAC 2D .1700 "MunicipalSolid Waste Landfills"
• 15A NCAC 2D .1800 "Control of Odors"
• 15A NCAC 2D .1900 "Open Burning"
• 15A NCAC 2D .2000 "Transportation Conformity"
• 15A NCAC 2D .2200 "Special Orders"
• 15A NCAC 2D .2300 "BankingEmission Reduction Credits"
• 15A NCAC 2D .2400 "CleanAirInterstate Rules"
• 15A NCAC 2D .2600 "Source Testing"
North Carolina General Statute (NCGS) 143-215.107(a)(5),Air quality standards and**class~fications,** provides the EMC with the statutory authority, "To develop and adopt emission control standards as in thejudgment ofthe Commission may be necessaryto prohibit, abate, or control air pollution commensurate with established air quality standards."

Ambient air quality monitoring/data system: Section 110(a)(2)(B) ofthe CAA requires SIPs to provide for establishment and operation ofappropriate devices, methods, systems, and procedures necessary to monitor, compile, and analyze data on ambient air quality, and upon request, make such data available to EPA upon request. The 2009 Annual MonitoringNetwork Plan for North Carolina Air Quality (submitted to EPA on June 30, 2009) provides for anAttachment 1 September 21, 2009 Page 2

ambient air quality monitoring system in the State. NCGS 143-215.107(a)(2),Airquality standards and**class~fications,** provides the EMC with the statutory authority "To determine by means offield sampling and other studies, including the examination ofavailable data collected by any local, State or federal agency or anyperson, the degree ofair contamination and air pollution in the State and the several areas ofthe State." ·
Program for enforcement ofcontrol measures: Section 110(a)(2)(C) ofthe CAA requires states to include a program to provide for the enforcement ofthe measures described in subparagraph (A) andregulation ofthe modification and construction ofany stationary source within the areas covered bythe plan as necessaryto assure that national ambient air quality standards are achieved, including a permitprogram. Under 15ANCAC 2D .0500 "Emission Control Standards", 2D .0530 "Prevention ofSignifzcantDeterioration" applies to the construction ofany new major stationary source or anyproject at an existing major stationary source in an area designated as attainment orunclassifiable. 15ANCAC 2D .0531 "Sources in NonattainmentAreas" applies to the construction ofany new major stationary source ormajor modification at an existing major stationary source in an area designated as nonattainment. 15A NCAC 2Q .0300 "Construction and Operation Permits", requires stationary sources prior to construction or operation to have an air permit ifthe source is above an emission threshold or operates air pollutant control devices. 15A NCAC 2Q .0500 "Title VProcedures", establishes an air qualitypermittingprogram as required under Title V and 40 CFRPart 70. NCGS 143- 215.108 Control of sources of airpollution;permits required, provides the EMC with the statutory authority to permit sources ofair pollution. NCGS 143-215.107(a)(7)Airquality standards andclass(fications, provides the EMC with the statutory authority "To develop and adopt standards and plans necessary to implement programs for the prevention ofsignificant deterioration and for the attainment ofairquality standards in nonattainment areas."

Interstate transport: Section 11O(a)(2)(D) ofthe CAA requires SIPs to contain adequate provisions prohibiting any source or other type ofemissions activity in one State from 1) contributing significantly to nonattainment oftheNational Ambient Air Quality Standards (NAAQS), 2) interfering with maintenance ofthe NAAQS, and 3) interfering with measures required to prevent significant deterioration orinterfering with the implementation ofplans related to regional haze or visibility in another State. On May 25, 2007, North Carolina submitted its 11O(a)(2)(D)(i) plan to EPA. The following regulations and legislation address interstate transport: • 15A NCAC 2D .0530 "Prevention**ofSign~ficant**Deterioration" • 15A NCAC 2D .0531 "Sources in NonattainmentAreas" • 15A NCAC 2D .2400 "CleanAirInterstate Rules"
• Regional Haze SIP submitted to EPA on December 17, 2007
• 2002 North Carolina Clean Smokestacks Act, Session Law 2002-4, NCGS 143-215.107D

Adequate resources: Section 110(a)(2)(E) ofthe CAA requires states to provide for adequate personnel, funding and legal authorityunder State Law to carry out its SIP and related issues.Attachment 1 September 21, 2009 Page 3

15A NCAC 2Q .0200 "PermitFees", provides the mechanism by which stationary sources that emit airpollutants pay a fee based on the quantity ofemissions emitted. The statutory authority to allow rule making and requiring permit fees canbe found in NCGS 143-215.3 General powers of Commission andDepartment; auxiliarypowers. Additionally, NCGS 143- 215.107(a)(1)Airquality standards and**class~fications,** provides the EMC with the statutory authority "To prepare and develop, after proper study, a comprehensive plan orplans for the prevention, abatement and control ofairpollution in the State orin any designated area ofthe State.". In general, the elements of 110(a)(2)(E) are met when EPA does a completeness determination for each SIP submittal. Each submittal provides for adequate personnel, funding, and legal authorityunder state law to carry out the SIPs and related issues. This information is understood and contained in all final SIP submittal packages in the historical record ofthe rule. In order for all submittals to be deemed complete, all local and regional implementation plans must be submitted through the state agency and this is how all submissions from the local and regional areas are received for North Carolina.

Stationary source monitoring system: Section 110(a)(2)(F) ofthe CAA requires states to establish a system to monitor emissions from stationary sources and to submit periodic emissions reports. The following Stateregulations require monitoring ofemissions from stationary sources: • 15A NCAC 2D .0604 "Exceptions to Monitoring andReportingRequirements"
• 15A NCAC 2D .0605 "GeneralRecordkeepingandReportingRequirements"
• 15A NCAC 2D .0611 "MonitoringEmissionsfrom OtherSources" • 15A NCAC 2D .0612 "Alternative Monitoring andReportingProcedures"
• 15A NCAC 2D .0613 "QualityAssurance Program"
• 15ANCAC 2D .0614 "ComplianceAssuranceMonitoring"
15A NCAC 2Q .0207 "AnnualEmissions Reporting" requires stationary sources to submit periodic emissions reports to the State. NCGS 143-215.107(a)(4)Airquality standards and**class~fications,** provides the EMC with the statutory authority "To collect information orto require reporting from classes ofsources which, in thejudgment ofthe Environmental Management Commission, may cause or contribute to air pollution."

Emergency power: Section 11O(a)(2)(G) ofthe CAArequires states to provide for authority to address activities causing imminent and substantial endangerment to public health, including contingencyplans to implement the emergency episode provisions in their SIPs. 15A NCAC 2D .0300 "AirPollution Emergencies" provides the means to implement emergency air pollution episode measures and is authorized under NCGS 143-215.3(a)(1) and NCGS 143.215.3(a)(l2). The requirement for a state to submit an emergency episode plan is based on a priorityregion classification. For PM2 5, the classification scheme that EPA is planning to propose would require states with a 24-hour PM2
.5 concentration above 140 !J.g/m3 (using the most recent three years ofdata) to develop an emergency episode plan. States that do not meet this threshold would be classified as Priority III and would not berequired to develop an emergency episodeAttachment 1 September 21, 2009 Page4
plan for 

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.5• Based on these criteria, North Carolina would be classified as a Class III Priority Area and therefore should not be required to adopt an Emergency Episode Plan for 

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.5
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Future SIP revisions: Section 110(a)(2)(H) ofthe CAA requires states to have the authorityto revise their SIPs in response to changes in the NAAQS, availability ofimproved methods for attaining the NAAQS, or in response to an EPA finding that the SIP is substantiallyinadequate. NCGS 143-215.107(a)(l) and (a)(10) provide the authority "Toprepare and develop, after proper study, a comprehensive plan orplans for the prevention, abatement and control ofairpollution in the State or in any designated area ofthe State" and "To develop and adopt standards and plans necessaryto implementrequirements ofthe federal Clean Air Act and implementingregulations adopted bythe United States Environmental Protection Agency", respectively. In addition, in the North Carolina Clean Air Interstate Rules, 15ANCAC 02D .2401(d) states that "TheEMC may specify through rulemaking a specific emission limit lower than that established under this rule for a specific source ifcompliance with the lower emission limit is required to attain ormaintain the ambient air quality standard for ozone or fine particulate (PM2.5) or any other ambient air quality standard in Section 15A NCAC 02D .0400."
Nonattainment Plans: Section 110(a)(2)(I) ofthe CAA requires states to meet the applicable requirements ofpart D (relating to nonattainment areas) as plans orplan revisions for an area designated as a nonattainment area are submitted. This element is met as EPA does a completeness determination for each SIP submittal to ensure all ofthe appropriate elements listed in part D ofthe CAA are addressed. NCGS 143-215.107(a)(l0) provides the authority "To develop and adopt standards and plans necessary to implementrequirements ofthe federal Clean Air Act and implementing regulations adopted by the United States Environmental Protection Agency".

Consultation with government officials: Section 110(a)(2)(J) ofthe CAA requires states to provide a process for consultation with local governments, designated organizations and federal land managers (FLMs) carrying out NAAQS implementation requirements pursuant to section 121 relative to consultation. 15A NCAC 2D .2000 "Transportation Conformity" and 15A NCAC 2D .1600 "General Conformity" address the consultation requirements for the conformity process. 15A NCAC 2D .0530 "Prevention of SignificantDeterioration" and 15A NCAC 2D .0531 "Sources in NonattainmentAreas" address consultation requirements with the FLMs when permitting stationary sources. Additionally, the consultation process used to develop separate implementation plans are outlined in the plan submittal and provide for continued consultation with government officials. For example the Regional Haze Implementation Plan submitted December 17, 2007, discussed the consultation process between appropriate state, local, and tribal air pollution control agencies as well as the corresponding FLMs.

Public notification: Section 110(a)(2)(J) ofthe CAA further requires states to notifythe public ifNAAQS are exceeded in an area and to enhance public awareness ofmeasures that can be taken to prevent exceedances. 15ANCAC 2D .0300 "AirPollution Emergencies" provides theAttachment 1 September 21 , 2009 Page 5

means to notifythe public and to implement emergency air pollution episode measures and is authorized under NCGS 143-215.3(a)(l) and NCGS 143.215.3(a)(12). Additionally, the Department has several public notice mechanisms in place to notify the public ofambient air quality levels ofPM2.5 and ozone through the North Carolina Air Quality Forecasting Program and has an extensive outreach program to educate the public and promote voluntary emission reduction measures through the North Carolina Air Awareness Program. North Carolina also participates in the EPA AirNOW program, which also enhances public awareness ofair quality in North Carolina and throughout the United States.

PSD and visibility protection: Section 110(a)(2)(J) ofthe CAA also requires states to meet applicable requirements ofPart C related to prevention ofsignificant deterioration and visibility protection. These requirements are addressed through 15A NCAC 2D .0530 "Prevention of SignificantDeterioration" and the regional haze implementation plan, submitted to EPA on December 17,2007. NCGS 143-215.107(a)(7) provides the authority "To develop and adopt standards and plans necessaryto implement programs for the prevention ofsignificant deterioration and for the attainment ofair quality standards in nonattainment areas."

Air quality modeling/data: Section 11O(a)(2)(K) ofthe CAA requires that SIPs provide for performing air qualitymodeling so that effects on air quality ofemissions from NAAQS pollutants can be predicted and submission ofsuch data to EPA can bemade. All current attainment demonstrations submitted to EPA provide air qualitymodeling for the purpose of predicting the effect ofemission sources on the ambient air quality. Additionally, 15A NCAC 2D .0530 "Prevention of SignificantDeterioration" and 15A NCAC 2D .0531 "Sources in NonattainmentAreas"require that air modelingbe conducted to determine permit applicability. NCGS 143-215.107(a)(4) provides the statutory authority for conducting modeling.

Permitting fees: Section 110(a)(2)(L) ofthe CAA requires states to require each major stationary source to paypermitting fees to cover the costs ofreviewing, approving, implementing, and enforcing a permit. 15A NCAC 2Q .0200 "PermitFees", provides the mechanism bywhich stationary sources that emit air pollutants pay a fee based on the quantity of emissions emitted. These fees cover the costs ofreviewing, approving, implementing and enforcing a permit. The statutory authorityto allow permit fees can be found in NCGS 143-215.3 Generalpowers q(Commission andDepartment; auxiliarypowers.
Consultation/participation by affected local entities: Section 110(a)(2)(M) ofthe CAA requires States to provide for consultation and participation in SIP development bylocal political subdivision affected bythe SIP. 15A NCAC 2D .0530 "Prevention**q(Sign~ficant**Deterioration" requires that the Department notify the public ofthe application, preliminary determination, degree ofincremental consumption, and the opportunity for comment prior to making a final permitting decision. 15A NCAC 2D .2000 "Transportation Conformity" requires a consultation with all affected partners to be implemented for transportation conformity determinations. AllAttachment 1 September 21, 2009 Page 6

Attainment Demonstrations, Redesignation Demonstrations, and Maintenance Plans go through a public notification process prior to submittal to EPA for inclusion in the SIP. Additionally, the Regional Haze State Implementation Plan went through an extensive consultation process between appropriate state, local, and tribal air pollution control agencies as well as the corresponding FLMs. All State regulations go through the public review process as laid out in the North Carolina Administrative Procedures Act (NCGS 150-21.1 and 150-21.2). Finally, the Division ofAir Quality organizes stakeholdermeetings to support SIP development and rulemaking efforts.