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.

Current Air Quality Rules

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 
View supporting materials related to recently completed rulemaking activities.

Status of Ongoing Rulemaking Activities

Tab/Accordion Items

Description: Pursuant to Session Law (S.L.) 2013-134, Section 12.11(e)-(g), as amended by S.L. 2024-1, Section 4.13 this rulemaking seeks to incorporate the pre-permitting construction activity provisions of Section 12.11(e) of the S.L. Pursuant to S.L. 2024-1, Section 4.13, the effective date of the provisions is contingent upon EPA approval.

Tentative Rulemaking Timeline (subject to change)
  • Concept presented to AQC - July 10, 2024
  • Presentation of draft rules and regulatory impact analysis (RIA) to AQC - May 7, 2025
    (the AQC requested changes to the RIA and plans to reconsider the rulemaking package in July 2025)
  • AQC approval to proceed to the full EMC - TBD
  • EMC approval to proceed to public comment and hearing - TBD
  • Public comment period and hearing - TBD
  • EMC approval of hearing record and adoption of rule amendments - TBD
  • Submittal of EMC approved rules to RRC - TBD
  • RRC approval of amended rules - TBD
  • Submittal of a State Implementation Plan (SIP) amendment requesting EPA incorporation of amended rules into NC SIP - TBD
  • EPA approval of amended rules into NC SIP and Title V program - TBD
  • 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:  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 - May 8, 2025
  • Public comment period and hearing - July 1, 2025 - September 2, 2025
  • EMC adoption of hearing record and rule amendments - anticipated September/November 2025
  • Submittal of EMC approved rules to RRC - anticipated September/November 2025
  • RRC approval of amended rules - anticipated October/December 2025
  • Effective date of amended Rule 02Q .0810 - anticipated November 2025/January 2026
  • 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)

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

 

More Information

For questions regarding the materials on this webpage, please contact the Rule Development Branch Supervisor

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This page was last modified on 07/02/2025