Air Quality Rules & Regulations
The Division of Air Quality's Rules Development Branch, part of the Planning Section, works with stakeholders, the EPA, and the state Environmental Management Commission (EMC) to create the air quality rules codified in the North Carolina Administrative Code.
The EMC's Air Quality Committee (AQC) assists in the adoption of air quality rules. View past and upcoming AQC agendas and minutes.
Rulemaking Activities
Periodic Review of Existing Rules
View the status of the Rule Readoption Process pursuant to G.S. 150B-21.3A.
Rules in the Hearing Process
View proposed rules currently in the public comment and hearing process.
Recently Completed Rulemakings (coming soon)
View supporting materials related to recently completed rulemaking activities.
Status of Ongoing Rulemaking Activities
Description: This rulemaking proposes to amend Rule 02D .1904 to: 1) remove the Title V permit requirement for other solid waste incineration (OSWI) air curtain incinerators (ACIs) to align with the EPA's revisions to 40 CFR Part 60, Subparts EEEE and FFFF finalized in April 2024; and 2) make other clarifying revisions based on comments from DAQ staff. The rulemaking also proposes amendments to Exclusionary Rule 02Q .0810 to increase the threshold under which ACIs may remain a minor source for Title V, based on updated emission factors, and to align the rule with 02D .1904 and federal requirements.
Tentative Rulemaking Timeline (subject to change)
- Concept presented to AQC - November 13, 2024
- AQC approval to proceed to the full EMC - March 12, 2025
- EMC approval to proceed to public comment and hearing - anticipated May 2025
- Public comment period and hearing - anticipated summer 2025
- EMC adoption of hearing record and rule amendments - anticipated September 2025
- Submittal of EMC approved rules to RRC - anticipated September 2025
- RRC approval of amended rules - anticipated October 2025
- Effective date of amended Rule 02Q .0810 - anticipated November 2025
- Effective date of amended Rule 02D .1904 - anticipated pursuant to S.L. 2024-51, Section 10.5
Description: Pursuant to Session Law (S.L.) 2013-134, this rulemaking seeks to incorporate the permit modification review timelines of Section 12.11(a) of the S.L. and incorporates the definition of an "administratively complete" application specified in Section 12.11(c) of the S.L.
Tentative Rulemaking Timeline (subject to change)
- Concept presented to AQC - May 8, 2024
- AQC approval to proceed to the full EMC - September 11, 2024
- EMC approval to proceed to public comment and hearing - November 14, 2024
- Public comment period - January 2, 2025 - March 3, 2025
- See NC Register Publication and/or Rules in the Hearing Process webpage
- Public Hearing - February 4, 2025
- EMC approval of hearing record and adoption of rule amendments - March 13, 2025
- Submittal of EMC approved rules to RRC - anticipated March 2025
- RRC approval of amended rules - anticipated April 2025
- Submittal of a State Implementation Plan (SIP) amendment requesting EPA incorporation of amended rules into NC SIP - by July 1, 2025 pursuant to S.L. 2023-134, Section 12.11(f) as amended by S.L. 2024-1, Section 4.13
- Effective date of amended rules - on the first day of a month that is 60 days after the DEQ Secretary certifies to the Revisor of Statutes that the US EPA has approved the amended rules into the NC SIP, pursuant to S.L. 2023-134, Section 12.11(g) as amended by S.L. 2024-1, Section 4.13
Description: Pursuant to CAA Section 111(d), these rules seek to establish standards of performance for methane emissions from designated facilities in the Crude Oil & Natural Gas source category to implement the EPA's Emission Guidelines under 40 CFR Part 60, Subpart OOOOc.
Tentative Rulemaking Timeline (subject to change)
- Concept presented to AQC - May 8, 2024
- Information Item update presented to AQC - July 10, 2024
- AQC approval to proceed to the full EMC - TBD
- EMC approval to proceed to public comment and hearing - TBD
- Public comment period (60 days) and hearing - TBD
- EMC approval of hearing record and adoption of rules - TBD
- Submittal of EMC approved rules to RRC - TBD
- RRC approval of rules - TBD
- Effective date of rules - TBD
Description: Pursuant to CAA Section 111(d), these rules seek to establish standards of performance for greenhouse gas (GHG) emissions, in the form of carbon dioxide (CO2), from existing fossil fuel-fired steam electric generating units (EGUs) to implement the EPA's Emission Guidelines under 40 CFR Part 60, Subpart UUUUb.
Tentative Rulemaking Timeline (subject to change)
- Concept presented to AQC - July 10, 2024
- AQC Information Item update - January 8, 2025
- AQC approval to proceed to the full EMC - TBD
- EMC approval to proceed to public comment and hearing - TBD
- Public comment period (60 days) and hearing - TBD
- EMC approval of hearing record and adoption of rules - TBD
- Submittal of EMC approved rules to RRC - TBD
- RRC approval of rules - TBD
- Effective date of rules - TBD
Recently Completed Rulemaking Activities
Description: On February 7, 2024, the U.S. EPA announced a strengthening of the annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5). The new standard was published in the Federal Register on March 6, 2024, with an effective date of May 6, 2024. Accordingly, the DAQ is updating the State rule that contains this NAAQS, 15A NCAC 02D .0410, PM2.5 Particulate Matter.
Tentative Rulemaking Timeline (subject to change)
- Concept presented to AQC - March 13, 2024
- AQC approval to proceed to the full EMC - May 8, 2024
- EMC approval to proceed to public comment and hearing - July 11, 2024
- Public comment period (60 days) and hearing - September 3 - November 4, 2024
- See NC Register Publication and/or Rules in the Hearing Process webpage
- Public Hearing - October 17, 2024
- EMC adoption of hearing record and rule amendment - January 9, 2025
- Submittal of EMC approved rule to RRC - January 2025
- RRC approval of amended rule - February 27, 2025
- Effective date of amended rule - March 1, 2025
Description: Pursuant to Session Law 2013-134, Section 12.11.(d), this rulemaking establishes an exemption from Title V permitting for R&D activities consistent with an EPA 1995 White Paper.
Tentative Rulemaking Timeline (subject to change)
- Concept presented to AQC - January 10, 2024
- AQC approval to proceed to the full EMC - March 13, 2024
- EMC approval to proceed to public comment and hearing - May 9, 2024
- Public comment period - July 1, 2024 - August 30, 2024
- See NC Register Publication and/or Rules in the Hearing Process webpage
- Public Hearing - August 20, 2024
- EMC approval of hearing record and adoption of rule - November 14, 2024
- Submittal of EMC approved rule to RRC - November 2024
- RRC approval of rule - December 19, 2024
- Effective date of rule - January 1, 2025
Description: This rule amendment proposes to increase the annual gasoline throughput limit under which gasoline service stations and dispensing facilities are exempt from 15A NCAC 02Q .0500 requirements for purposes of Title V permitting. The limit is recalculated to reflect the increased presence of onboard refueling vapor recovery (ORVR) emissions control equipment in the light-duty gasoline vehicles refueling at these facilities.
Tentative Rulemaking Timeline (subject to change)
- Concept presented to AQC - May 10, 2023
- AQC approval to proceed to the full EMC - September 13, 2023
- EMC approval to proceed to public comment and hearing - November 8, 2023
- Public comment period - January 2, 2024 - March 4, 2024
- See NC Register Publication and/or Rules in the Hearing Process webpage
- Public Hearing - February 8, 2024
- EMC adoption of hearing record and rule amendment - May 9, 2024
- Submittal of EMC approved rule to RRC - May 15, 2024
- RRC approval of amended rule - June 26, 2024
- Effective date of amended rule - July 1, 2024
More Information
For questions regarding the materials on this webpage, please contact the Rule Development Branch Supervisor
Other Rule Development Branch Activities
This page was last modified on 03/14/2025