Periodic Review of Existing Rules N.C. Gen. Stat. §150B-21.3A, adopted in 2013, requires state agencies to review existing rules every 10 years. Following an initial review, rules will be reviewed on a 10-year review cycle. The initial review comment period on all of the air quality rules in 15A NCAC 02D, AIR POLLUTION CONTROL REQUIREMENTS, and 15A NCAC 02Q, AIR QUALITY PERMITS PROCEDURES, was held from March 13, 2015 through June 19, 2015. The Environmental Management Commission (EMC) subsequently approved the report on the review of the rules and comments received on November 4, 2015. The report was approved by the Rules Review Commission (RRC) on December 17, 2015. The Administrative Procedures Oversight Committee of the legislature met on January 5, 2016 and the report became final. The rules determined to be unnecessary (15A NCAC 02D .2400, 02D .2500, and 02D .1600) expired effective February 1, 2016. The remaining air quality rules determined to be necessary must be readopted. On May 19, 2016, the RRC established December 31, 2020 as the date by which the EMC must readopt the remaining rules in subchapters 02D and 02Q designated as necessary. Readoption of Existing Rules As part of the readoption process, the Division plans to hold a series of stakeholder meetings to receive feedback on various groupings of the existing rules that must be readopted. Related materials for the stakeholder meetings will appear on this page. The anticipated general timing for addressing the various groups of rules follows. Stakeholders are welcome to provide suggestions regarding needed changes prior to the timeframes listed below by emailing daq.publiccomments@ncdenr.gov or joelle.burleson@ncdenr.gov. Please include the rule Group number in the table below in your subject line. Click on the rules below to download the existing rules at the beginning of the process. Rule Groups & Anticipated General Timing as of 9/10/2019 (subject to change) Tentative General Timing (Subject to Change) Group Rules* Stakeholder Meeting EMC Adoption (Progress) 1 02D .0100, .0200, .0300, .0400, .1300, .2000, .2200 December 2, 2016 Adopted: 11/09/2017 Effective: 1/01/2018 (02D .2203 2/1/2018) 2 02Q .0100, .0200, 0300, 0400, 0500, .0800, .0900 March 6, 2017 Adopted: 1/11/2018 Effective; 4/01/2018 3 02D .1100, .1200, .1700**, 02Q .0700 June 5, 2017 Adopted: 5/10/2018 Effective; 7/01/2018; 02D .1204 3/01/2018 4 02D .0540, .1800, .1900 February 13, 2018 Adopted: 7/11/2019 Effective: 9/1/2019 5 02D .0600, .2100, .2300# .2600 June 28, 2018 Fall 2019 6 02D .0500, .0900, .1000##, .1400 June 24, 2019 Summer 2020 (02D .1000 readopted 5/10/2018 effective 7/01/2018) * Some rules may shift groups as process progresses. ** 02D .1700 is separate from the rest of Group 3 (on hold). # 02D .2300 deferred from Group 1 for further DAQ consideration after the Group 1 stakeholder meeting to be processed with Group 5. ## 02D .1000 readopted 5/10/2018. Effective 7/1/2018. Implemented 12/1/2018 following DEQ certification of EPA approval to Revisor of Statutes per S.L. 2017-10 and 02D .1002(b). Next Stakeholder Meeting Group 6 June 24, 2019 Begins: 10:00 a.m. DEQ Green Square Office Building 1st Floor Training Room (#1210) 217 West Jones Street Raleigh, NC 27603 For more information, contact Joelle Burleson at 919-707-8720. 06-24-2019 Stakeholder Meeting Agenda 06-24-2019 Stakeholder Meeting Presentation Preliminary Draft - Group 6 Rules Municipal Solid Waste Landfills (15A NCAC 02D .1700 [WORD] [PDF]) Total Suspended Particulate (15A NCAC 02D .0403 [WORD] [PDF]) Emission Control Standards (15A NCAC 02D .0500 [WORD] [PDF]) Volatile Organic Compounds (15A NCAC 02D .0900 [WORD] [PDF]) Nitrogen Oxides (15A NCAC 02D .1400 [WORD] [PDF]) Stakeholder comments due July 15, 2019. Send comments to: daq.publiccomments@ncdenr.gov Type “Group 6 Stakeholder Comment” in subject line. Group 5 Stakeholder comments due July 13, 2018. Current Group 5 Rules (15A NCAC 02D .0600, .2100, and .2600) 06-28-2018 Stakeholder Meeting Agenda 06-28-2018 Stakeholder Meeting Presentation Preliminary Draft – Group 5 Rules Monitoring: Recordkeeping: Reporting (15A NCAC 02D .0600 [WORD][PDF]) Risk Management Program (15A NCAC 02D .2100 [WORD][PDF]) Source Testing (15A NCAC 02D .2600 [WORD][PDF]) Banking Emission Reduction Credits (Post Group 1 Stakeholder Meeting Draft 15A NCAC 02D .2300 [WORD] [PDF]) Send comments to: daq.publiccomments@ncdenr.gov Type “Stakeholder Readoption Comment” in subject line. Group 4 Stakeholder comments due February 28, 2018. Current Group 4 Rules (15A NCAC 02D .0540, .1800, and .1900) 02-13-2018 Stakeholder Meeting Agenda 02-13-2018 Stakeholder Meeting Presentation 02-13-2018 Stakeholder Meeting Audio Recording Preliminary Draft – Group 4 Rules Fugitive Dust (15A NCAC 02D .0540 [WORD][PDF]) Control of Odors (15A NCAC 02D .1800 [WORD][PDF]) Open Burning (15A NCAC 02D .1900 [WORD][PDF]) Group 3 Current Group 3 Rules (15A NCAC 02D .1100, .1200, .1700, and 15A NCAC 02Q .0700) 06-05-2017 Stakeholder Meeting Agenda 06-05-2017 Stakeholder Meeting Presentation 06-05-2017 Stakeholder Audio Recording Preliminary Draft - Group 3 Rules NC Air Toxics (15A NCAC 02D .1100 [WORD] [PDF] and 15A NCAC 02Q .0700 [WORD] [PDF]) Incinerator Rules (15A NCAC 02D .1200 [WORD] [PDF]) Group 2 Current Group 2 Rules (15A NCAC 02Q .0100, .0200, .0300, .0400, .0500, .0800, .0900) 03-06-2017 Stakeholder Meeting Presentation 03-06-2017 Stakeholder Meeting Summary Preliminary Draft - Group 2 Rules Non-Title V (15A NCAC 02Q .0300, .0800, .0900) Title-V (15A NCAC 02Q .0400, .0500) Other 02Q Rules (15A NCAC 02Q .0100, .200) Draft Rules Presented to AQC on May 10, 2017 Group 1 Current Group 1 Rules (15A NCAC 02D .0100, .0200, .0300, .0400, .1300, .2000, and .2200) 12-02-2016 Stakeholder Meeting Presentation 12-02-2016 Stakeholder Meeting Summary Draft Rules Presented to AQC on March 8, 2017 Questions or comments on the material above can be sent to Joelle Burleson To view and print PDF files you must install the Adobe Acrobat reader. It is available, free of charge, from Adobe. To listen to audio files you must install RealPlayer® Software (Free Download).
Periodic Review of Existing Rules N.C. Gen. Stat. §150B-21.3A, adopted in 2013, requires state agencies to review existing rules every 10 years. Following an initial review, rules will be reviewed on a 10-year review cycle. The initial review comment period on all of the air quality rules in 15A NCAC 02D, AIR POLLUTION CONTROL REQUIREMENTS, and 15A NCAC 02Q, AIR QUALITY PERMITS PROCEDURES, was held from March 13, 2015 through June 19, 2015. The Environmental Management Commission (EMC) subsequently approved the report on the review of the rules and comments received on November 4, 2015. The report was approved by the Rules Review Commission (RRC) on December 17, 2015. The Administrative Procedures Oversight Committee of the legislature met on January 5, 2016 and the report became final. The rules determined to be unnecessary (15A NCAC 02D .2400, 02D .2500, and 02D .1600) expired effective February 1, 2016. The remaining air quality rules determined to be necessary must be readopted. On May 19, 2016, the RRC established December 31, 2020 as the date by which the EMC must readopt the remaining rules in subchapters 02D and 02Q designated as necessary. Readoption of Existing Rules As part of the readoption process, the Division plans to hold a series of stakeholder meetings to receive feedback on various groupings of the existing rules that must be readopted. Related materials for the stakeholder meetings will appear on this page. The anticipated general timing for addressing the various groups of rules follows. Stakeholders are welcome to provide suggestions regarding needed changes prior to the timeframes listed below by emailing daq.publiccomments@ncdenr.gov or joelle.burleson@ncdenr.gov. Please include the rule Group number in the table below in your subject line. Click on the rules below to download the existing rules at the beginning of the process. Rule Groups & Anticipated General Timing as of 9/10/2019 (subject to change) Tentative General Timing (Subject to Change) Group Rules* Stakeholder Meeting EMC Adoption (Progress) 1 02D .0100, .0200, .0300, .0400, .1300, .2000, .2200 December 2, 2016 Adopted: 11/09/2017 Effective: 1/01/2018 (02D .2203 2/1/2018) 2 02Q .0100, .0200, 0300, 0400, 0500, .0800, .0900 March 6, 2017 Adopted: 1/11/2018 Effective; 4/01/2018 3 02D .1100, .1200, .1700**, 02Q .0700 June 5, 2017 Adopted: 5/10/2018 Effective; 7/01/2018; 02D .1204 3/01/2018 4 02D .0540, .1800, .1900 February 13, 2018 Adopted: 7/11/2019 Effective: 9/1/2019 5 02D .0600, .2100, .2300# .2600 June 28, 2018 Fall 2019 6 02D .0500, .0900, .1000##, .1400 June 24, 2019 Summer 2020 (02D .1000 readopted 5/10/2018 effective 7/01/2018) * Some rules may shift groups as process progresses. ** 02D .1700 is separate from the rest of Group 3 (on hold). # 02D .2300 deferred from Group 1 for further DAQ consideration after the Group 1 stakeholder meeting to be processed with Group 5. ## 02D .1000 readopted 5/10/2018. Effective 7/1/2018. Implemented 12/1/2018 following DEQ certification of EPA approval to Revisor of Statutes per S.L. 2017-10 and 02D .1002(b). Next Stakeholder Meeting Group 6 June 24, 2019 Begins: 10:00 a.m. DEQ Green Square Office Building 1st Floor Training Room (#1210) 217 West Jones Street Raleigh, NC 27603 For more information, contact Joelle Burleson at 919-707-8720. 06-24-2019 Stakeholder Meeting Agenda 06-24-2019 Stakeholder Meeting Presentation Preliminary Draft - Group 6 Rules Municipal Solid Waste Landfills (15A NCAC 02D .1700 [WORD] [PDF]) Total Suspended Particulate (15A NCAC 02D .0403 [WORD] [PDF]) Emission Control Standards (15A NCAC 02D .0500 [WORD] [PDF]) Volatile Organic Compounds (15A NCAC 02D .0900 [WORD] [PDF]) Nitrogen Oxides (15A NCAC 02D .1400 [WORD] [PDF]) Stakeholder comments due July 15, 2019. Send comments to: daq.publiccomments@ncdenr.gov Type “Group 6 Stakeholder Comment” in subject line. Group 5 Stakeholder comments due July 13, 2018. Current Group 5 Rules (15A NCAC 02D .0600, .2100, and .2600) 06-28-2018 Stakeholder Meeting Agenda 06-28-2018 Stakeholder Meeting Presentation Preliminary Draft – Group 5 Rules Monitoring: Recordkeeping: Reporting (15A NCAC 02D .0600 [WORD][PDF]) Risk Management Program (15A NCAC 02D .2100 [WORD][PDF]) Source Testing (15A NCAC 02D .2600 [WORD][PDF]) Banking Emission Reduction Credits (Post Group 1 Stakeholder Meeting Draft 15A NCAC 02D .2300 [WORD] [PDF]) Send comments to: daq.publiccomments@ncdenr.gov Type “Stakeholder Readoption Comment” in subject line. Group 4 Stakeholder comments due February 28, 2018. Current Group 4 Rules (15A NCAC 02D .0540, .1800, and .1900) 02-13-2018 Stakeholder Meeting Agenda 02-13-2018 Stakeholder Meeting Presentation 02-13-2018 Stakeholder Meeting Audio Recording Preliminary Draft – Group 4 Rules Fugitive Dust (15A NCAC 02D .0540 [WORD][PDF]) Control of Odors (15A NCAC 02D .1800 [WORD][PDF]) Open Burning (15A NCAC 02D .1900 [WORD][PDF]) Group 3 Current Group 3 Rules (15A NCAC 02D .1100, .1200, .1700, and 15A NCAC 02Q .0700) 06-05-2017 Stakeholder Meeting Agenda 06-05-2017 Stakeholder Meeting Presentation 06-05-2017 Stakeholder Audio Recording Preliminary Draft - Group 3 Rules NC Air Toxics (15A NCAC 02D .1100 [WORD] [PDF] and 15A NCAC 02Q .0700 [WORD] [PDF]) Incinerator Rules (15A NCAC 02D .1200 [WORD] [PDF]) Group 2 Current Group 2 Rules (15A NCAC 02Q .0100, .0200, .0300, .0400, .0500, .0800, .0900) 03-06-2017 Stakeholder Meeting Presentation 03-06-2017 Stakeholder Meeting Summary Preliminary Draft - Group 2 Rules Non-Title V (15A NCAC 02Q .0300, .0800, .0900) Title-V (15A NCAC 02Q .0400, .0500) Other 02Q Rules (15A NCAC 02Q .0100, .200) Draft Rules Presented to AQC on May 10, 2017 Group 1 Current Group 1 Rules (15A NCAC 02D .0100, .0200, .0300, .0400, .1300, .2000, and .2200) 12-02-2016 Stakeholder Meeting Presentation 12-02-2016 Stakeholder Meeting Summary Draft Rules Presented to AQC on March 8, 2017 Questions or comments on the material above can be sent to Joelle Burleson To view and print PDF files you must install the Adobe Acrobat reader. It is available, free of charge, from Adobe. To listen to audio files you must install RealPlayer® Software (Free Download).
