1997 8-hour Ozone 110(a) Infrastructure Certification of Element 110(a)(2)(E)(ii)

Supplement to 1997 8-hour Ozone 110(a) Infrastructure Certification of Element 110(a)(2)(E)(ii)

The Supplement to North Carolina Certification of Clean Air Act Section 110(a)(2)(E)(ii) for the 1997 8-hour Ozone Standard Infrastructure State Implementation Plan (SIP) was submitted to the United States Environmental Protection Agency (EPA) for approval on July 27, 2015. Under the Clean Air Act, states must submit SIPs for areas designated as nonattainment for the National Ambient Air Quality Standards (NAAQS). Infrastructure SIPs address basic program elements to implement, maintain, and enforce new or revised standards including requirements for emissions inventories, monitoring, and modeling among other elements. The infrastructure SIP element 110(a)(2)(E)(ii) addresses requirements with respect to state boards.

This supplement responds to the EPA's request for additional information to address Section 128(a)(2) requirements for the board or body that makes the final agency decision on contested permit or enforcement actions. It contains the means by which public disclosure requirements are met for the Chief Administrative Law Judge and the administrative law judges of the Office of Administrative Hearings that make the final agency decision. The supplement addresses the following NAAQS: 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, 2008 8-hour Ozone, 2008 Lead, 1997 8-hour Ozone, and 1997 Annual Fine Particulate Matter and 2006 24-hour PM2.5.

DEQ Submittal:

The certification submission includes the following:

EPA Actions:

  • Final Rule:  Air Plan Approval; North Carolina; Conflict of Interest Infrastructure Requirements for CAA Section 110(a)(2)(E) (80 FR 67645, November 3, 2015)
  • Proposed Rule: Air Plan Approval; North Carolina; Conflict of Interest Infrastructure Requirements (80 FR 51167, August 24, 2015)

Please direct any questions or comments concerning this SIP submittal to Ms. Sushma Masemore at sushma.masemore@ncdenr.gov.


EMC Certification

On February 5, 2013, the North Carolina Department of Environment and Natural Resources (DENR) submitted Clean Air Act (CAA) Section 110(a)(2)(E)(ii) infrastructure state implementation plan (SIP) certification for the 1997 8-hour Ozone National Ambient Air Quality Standards. The North Carolina Environmental Management Commission (EMC) conducted a review of its Special Air Permit Appeals Committee Selection procedure, and determined that the February submittal did not comply with the Commission's January 10, 2013 resolution. The EMC has revised the procedure which now complies with the resolution and also meets the requirements of CAA Section 128 related to boards and commissions. The following document represents DENR's request to update the EMC certification related to CAA Section 128.


1997 8-hour Ozone 110(a) Infrastructure Certification of Element 110(a)(2)(E)(ii)

The North Carolina Certification of Clean Air Act Section 110(a)(2)(E)(ii) for the 1997 8-hour Ozone Standard Infrastructure State Implementation Plan (SIP) was submitted to the U.S. Environmental Protection Agency (USEPA) on February 5, 2013. Section 110(a)(1) and (2) of the Clean Air Act require states to adopt and submit to the US EPA infrastructure SIPs that address basic program elements to implement, maintain, and enforce new or revised standards including requirements for emissions inventories, monitoring, and modeling among other elements.

The infrastructure SIP element 110(a)(2)(E)(ii) addresses requirements with respect to state boards. This certification addresses the requirement that any board or body which approves permits or enforcement orders is subject to the described public interest and income verifications, and any board or body, or the head of an executive agency with similar power to approve permits or enforcement orders under the CAA is also subject to conflict of interest disclosure requirements.

DEQ Submittal:

Please direct any further questions or comments concerning this certification submittal to Ms. Sushma Masemore at Sushma.Masemore@ncdenr.gov.