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@deq.nc.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
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) |
Next Stakeholder Meeting
Group 6
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])
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
More information
Questions or comments on the material above can be sent to Joelle Burleson
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