Pre-hearing Draft of Clean Air Act Section 110(l) Demonstration for Adoption of NC NOx SIP Call Rules into and Removal of CAIR from the NC SIP

The Pre-hearing Draft of the North Carolina Clean Air Act (CAA) Section 110(l) Noninterference Demonstration for Adoption of Revisions to 15A NCAC 02D .1400 NOx State Implementation Plan (SIP) Call Rules into, and Removal of 15A NCAC 02D .2400 Clean Air Interstate Rules from, the North Carolina SIP for Electricity Generating Units (EGUs) and Large Non-EGUs is available through the following links:

• Public Notice (PDF document)
• Transmittal Letter (PDF document)
• Section 110(l) Noninterference Demonstration – Narrative (PDF document)

The DAQ is proposing to revise its CAA Section 110 SIP for EGUs and large non-EGUs to (1) incorporate ground-level ozone season (May 1 – September 30) NOx SIP Call statewide budgets and reporting requirements, and (2) remove the Clean Air Interstate Rules because they no longer apply in North Carolina. Specifically, the DAQ is requesting that the U.S. Environmental Protection Agency (EPA) review and approve the following:  

• Adopt revisions to two existing rules (Title 15A of the North Carolina Administrative Code (15A NCAC) 02D .1401, Definitions, and 15A NCAC 02D .1402, Applicability) in the SIP to define the EGUs and large non-EGUs subject to 15A NCAC 02D .1424 and 15A NCAC 02D .1425.
• Adopt new rule 15A NCAC 02D .1425, NOx SIP Call Budget, into the SIP to (1) incorporate the statewide ozone season NOx emission budgets for EGUs and large non-EGUs, which originate from the NOx SIP Call and former Clean Air Interstate Rules; and (2) specify reporting requirements to evaluate compliance with the statewide ozone season budgets.
• Adopt new rule 15A NCAC 02D .1424, Large Non-Electric Generating Units, into the SIP to provide an option for large non-EGUs subject to the NOx SIP Call and former Clean Air Interstate Rules to use monitoring procedures other than continuous emissions monitoring systems (CEMS) to measure NOx emissions.
• Remove the Clean Air Interstate Rules from the SIP.

The comment period duration is from Monday, February 24, 2025, through Wednesday, March 26, 2025. Written requests for a public hearing must follow the procedures in the public notice and should be postmarked or submitted electronically to daq.publiccomments@deq.nc.gov no later than Wednesday, March 26, 2025. Please submit comments via any of the methods below:

• Email: 
  daq.publiccomments@deq.nc.gov (please type “NOx SIP Call” in the subject line)
• Postal Mail: 
  Randy Strait
  NC Division of Air Quality
  1641 Mail Service Center
  Raleigh, NC  27699-1641