Rules in the Hearing Process

Comment Period for the Permit Review Timelines Rule Revisions

Purpose: To receive comments on the proposed amendments to 15A NCAC 02Q .0303, .0304, .0305, .0312, .0503, .0505, .0507, .0515, and .0525. Also, to receive comments on the accompanying regulatory impact analysis (RIA) for the proposed revisions. 

The amendments in this rulemaking propose changes to the review timelines for permit modification applications pursuant to Session Law (S.L.) 2023-134, Section 12.11.(a)-(c), which was part of the 2023 Appropriations Act for North Carolina that was passed in October 2023. Section 12.11.(a) of the S.L. revises General Statute (G.S.) § 143-215.108, Control of sources of air pollution; permits required, Subparagraph (d)(2), to specify maximum time periods for the DAQ  to review and process these permit modifications. The Statute allots 90 calendar days for review of a minor permit modification application, and 270 calendar days for review of a major modification. These timelines begin when an administratively complete application is received by the Division, through the date that the Division issues the modified permit, denies the modified permit, or publishes the modified permit for public notice and comment. Since the review timelines under S.L. 2023-134, Section 12.11.(a) only impact permit modifications, the review processes for all other types of permit actions remain unchanged. 
Section 12.11.(b)-(c) of S.L. 2023-134 modifies G.S. § 143-213, Definitions, by creating a new Subdivision (1a) which adds into the definitions list the term “administratively complete” with an accompanying definition. This term means “that all information required by statute, regulation, or application form has been submitted to the Department for the purpose of processing a permit application.” Once an application has been submitted to the Division with all components necessary to be deemed complete, the time periods allotted for permit modification reviews begin. Because this term and the newly created time periods for permit modification reviews are closely related, this rulemaking action proposes to address both.
 

Documents:

Public Hearing Date and Location: February 4, 2025 at 6:00 p.m. at the DEQ Green Square Office Building, 1st Floor Training Room (#1210), 217 West Jones Street, Raleigh, NC 27603; or via Cisco Webex Digital Hearing: 

Cisco WebEx Link: https://tinyurl.com/mrxj5238  
Meeting Password: NCDAQ

Participants can join the meeting starting at 5:45 PM

Meeting Number (Access Code): 
US TOLL +1-415-655-0003, Access code: 2431 214 7646

*If you wish to speak at the digital public hearing, you must register, provide the required information, and follow instructions on ways to join the public hearing. Registration must be completed by 4:00 PM on February 4, 2025. To register, please click the following link: https://forms.office.com/g/YRE3eveJBZ   
*For instructions on ways to join the public hearing, please refer to the following link:
https://www.deq.nc.gov/about/boards-and-commissions/how-attend-webex-meeting-0 
*If you have technical difficulties, the following automated voicemail has been set up to receive your verbal comments: 919-707-8430

Comment Period Duration: Thursday, January 2, 2025 - Monday, March 3, 2025

Please submit comments via any of the methods below:
Email:  daq.publiccomments@deq.nc.gov (Please type “Permit Timelines Rule Revisions” in the subject line)
Postal Mail: Ms. Katherine Quinlan
                           Division of Air Quality
                           1641 Mail Service Center
                           Raleigh, NC 27699-1641
Voicemail: (919) 707-8430 (Please state your name and any affiliation before commenting)
Español: Si necesita esta información en español, comuníquese con Shawn Taylor llamando al 919-707-8446 o enviando un correo electrónico Shawn.Taylor@deq.nc.gov  

Information about the comment period and public hearing for this rule action can also be found on the EMC Proposed Rules webpage.

 

Comment Period for PM2.5 Rule Revisions

Purpose: To receive comments on the proposed amendments to 15A NCAC 02D .0410, PM2.5 Particulate Matter. Also, to receive comment on the accompanying regulatory impact analysis (RIA) for the proposed amendments. 

 The requirements in 15A NCAC 02D .0410 provide the primary annual and 24-hour ambient air quality standards for particulate matter with diameters less than or equal to 2.5 microns (PM2.5) based on the National Ambient Air Quality Standards (NAAQS). The PM2.5 NAAQS are set by the United States Environmental Protection Agency (US EPA) to protect the public from the health impacts of fine particulate matter. The primary annual and 24-hour ambient air quality standards have been updated to correspond with the NAAQS since they were first established by the US EPA in 1997.

On February 7, 2024, the US EPA announced a revision to the primary annual PM2.5 NAAQS by strengthening the ambient standard from 12.0 μg/m3 to 9.0 μg/m3 while retaining the current primary 24-hour PM2.5 standard at a level of 35 μg/m3. The amendments proposed in this rulemaking are to revise the primary annual ambient air quality standard for PM2.5 in Rule 02D .0410 to reflect the EPA’s revised PM2.5 annual NAAQS of 9.0 μg/m3.

Documents:

Public Hearing Date and Location: October 17, 2024 at 6:00 p.m. at the DEQ Green Square Office Building, 1st Floor Training Room (#1210), 217 West Jones Street, Raleigh, NC 27603; or via Cisco Webex Digital Hearing: 

Cisco WebEx Link:  https://tinyurl.com/yc37x73p 
Meeting Password: NCDAQ

Participants can join the meeting starting at 5:45 PM

Meeting Number (Access Code): 
US TOLL +1-415-655-0003, Access code: 2433 977 7961

*If you wish to speak at the digital public hearing, you must register, provide the required information, and follow instructions on ways to join the public hearing. Registration must be completed by 4:00 PM on October 17, 2024. To register, please click the following link: https://forms.office.com/g/60sZnbCKWV
*For instructions on ways to join the public hearing, please refer to the following link:
https://www.deq.nc.gov/about/boards-and-commissions/how-attend-webex-meeting-0 
*If you have technical difficulties, the following automated voicemail has been set up to receive your verbal comments: 919-707-8430

Comment Period Duration: Tuesday, September 3, 2024 - Monday, November 4, 2024

Please submit comments via any of the methods below:
Email:  daq.publiccomments@deq.nc.gov (Please type “PM2.5 Particulate Matter” in the subject line)
Postal Mail: Ms. Katherine Quinlan
                           Division of Air Quality
                           1641 Mail Service Center
                           Raleigh, NC 27699-1641
Voicemail: (919) 707-8430 (Please state your name and any affiliation before commenting)
Español: Si necesita esta información en español, comuníquese con Shawn Taylor llamando al 919-707-8446 o enviando un correo electrónico Shawn.Taylor@deq.nc.gov  

 

Comment Period for R&D Rule Adoption

Purpose: To receive comments on the proposed adoption of 15A NCAC 02Q .0529. Also, to receive comment on the accompanying regulatory impact analysis (RIA) for the proposed rule. 

The initiation of this rule was the requirement under Section 12.11.(d) of Session Law (S.L.) 2023-134 for the Environmental Management Commission (EMC) to create an exemption from Title V permitting for research and development (R&D) activities to clarify flexibility. The proposed changes continue to align the rules with existing federal 40 CFR Part 70 requirements and current Division of Air Quality (DAQ) practices and provide clarity and consistency for Title V facilities conducting non-major R&D activities. This will continue to allow facilities subject to Title V permit requirements flexibility to work with the Department of Environmental Quality (DEQ) to authorize these activities in a streamlined manner.

The current practice of reviewing R&D activities is performed under the existing provisions of Rule 02Q .0503(8), which closely aligns with the Division’s understanding of U.S. Environmental Protection Agency’s (EPA) position in their July 10, 1995 "White Paper for Streamlined Development of Part 70 Permit Applications," as directed by the Session Law. Adding this rule is not expected to change the Division’s permitting practices, or how R&D activities are treated under Title V permitting. 

Documents:

Public Hearing Date and Location: August 20, 2024 at 6:00 p.m. at the DEQ Green Square Office Building, 1st Floor Training Room (#1210), 217 West Jones Street, Raleigh, NC 27603; or via Cisco Webex Digital Hearing: 

Cisco WebEx Link: https://tinyurl.com/28jh2j2a  
Meeting Password: NCDAQ

Participants can join the meeting starting at 5:45 PM

Meeting Number (Access Code): 
US TOLL +1-415-655-0003, Access code: 2430 067 3066

*If you wish to speak at the digital public hearing, you must register, provide the required information, and follow instructions on ways to join the public hearing. Registration must be completed by 4:00 PM on August 20, 2024. To register, please click the following link: https://forms.office.com/g/ejnqpk7EWQ   
*For instructions on ways to join the public hearing, please refer to the following link:
https://www.deq.nc.gov/about/boards-and-commissions/how-attend-webex-meeting-0 
*If you have technical difficulties, the following automated voicemail has been set up to receive your verbal comments: 919-707-8430

Comment Period Duration: Monday, July 1, 2024 - Friday, August 30, 2024

Please submit comments via any of the methods below:
Email:  daq.publiccomments@deq.nc.gov (Please type “R&D Rule Adoption” in the subject line)
Postal Mail: Ms. Katherine Quinlan
                           Division of Air Quality
                           1641 Mail Service Center
                           Raleigh, NC 27699-1641
Voicemail: (919) 707-8430 (Please state your name and any affiliation before commenting)
Español: Si necesita esta información en español, comuníquese con Shawn Taylor llamando al 919-707-8446 o enviando un correo electrónico Shawn.Taylor@deq.nc.gov  

 

Comment Period for NOx SIP Call Rules

Purpose: To receive comments on the proposed amendments and adoption of the NOx SIP Call Rules. Also, to receive comment on the accompanying fiscal note for the proposed amendments and adoptions.

On September 9, 2021, the Environmental Management Commission (EMC) approved proceeding to public comment on the NOx SIP Call Rules and fiscal note.

There are a total of four rules going to public comment: 15A NCAC 02D .1401, .1402, .1424, and .1425.

15A NCAC 02D .1401, Definitions. This rule is proposed for amendment to add clarity and consistency for the definitions of “EGU”, “Large non-EGU”, and “NOx SIP Call control period.”

15A NCAC 02D .1402, Applicability. This rule is proposed for amendment to add clarity and consistency by updating the rule references for applicability. 

15A NCAC 02D .1424, Large Non-Electric Generating Units. This rule is proposed for adoption to specify the monitoring, recordkeeping, and reporting for permitted facilities with large non-EGUs that opt to implement alternative monitoring to the 40 CFR Part 75 monitoring requirements. The rule outlines specific methodology for facilities to implement to qualify for the alternative monitoring approach.

15A NCAC 02D .1425, NOx Call SIP Budget. This rule is proposed for adoption to directly incorporate the statewide NOx SIP Call Budgets and the reporting requirements of affected facilities with EGUs. 

Documents:

Public Hearing Date and Location:    Wednesday, December 1, 2021, 6:00 P.M.

NOx SIP Call Digital Hearing

Event address for attendees: https://bit.ly/3oDLv7T

Date and time: Wednesday, December 1, 2021 6:00 pm, (New York, GMT-04:00)

Event password: NCDAQ

Audio conference:  To receive a call back, provide your phone number when you join the event, or call the number below and enter the access code. US TOLL +1-415-655-0003, Show all global call-in numbers, Access code: 2438 351 6868

If you wish to speak at the digital public hearing, you must register, provide the required information, and follow instructions on ways to join the public hearing. Registration must be completed by 4:00 PM on December 1, 2021. To register, please click the following link: https://bit.ly/3v0EoI9

Comment Period Ends: December 14, 2021

Please submit comments via any of the methods below:

Email:  daq.publiccomments@ncdenr.gov (Type “NOx SIP Call” in the subject line)

Postal Mail:  Rule Development Branch Supervisor
                      NC Division of Air Quality
                      1641 Mail Service Center
                      Raleigh, NC 27699-1641

Fax: (919) 715-0717 (Address to “Rule Development Branch Supervisor”)

Voicemail: (919) 707-8403 (State your name and affiliation if any)

For instructions on how to join the public hearing via Webex, please refer to the following links:
1. https://edocs.deq.nc.gov/AirQuality/DocView.aspx?id=400651&dbid=0&repo=AirQuality&searchid=47aeab00-6fa5-432e-920a-964434eab696

2. https://www.webex.com/test-meeting.html

For technical difficulties, the following automated voicemail has been set up to receive your verbal comments: 919-707-8403.

Español: Para información del contenido de esta página en español, comuníquese con la Sra. Carolina Jiménez llamando al 919-609-2189 o enviando un correo electrónico a Guadalupe.jimenez@ncdenr.gov

 

Procedure for Subjecting a Proposed Rule to Legislative Review:

 If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.

Questions or comments on the material above can be sent to Rule Development Branch Supervisor.

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