Periodic Review of Existing Rules

The first step of the readoption process requires each agency to make an initial determination for each of its rules, classifying it into one of two categories:

• Necessary – Means any rule other than an unnecessary rule.
• Unnecessary – Means a rule that the agency determines to be obsolete, redundant, or otherwise not needed.

Pursuant to the schedule established under 26 NCAC 05 .0211 and posted here, the determination report classifying each of the EMC's air quality rules in Subchapters 02D and 02Q must be filed with the Rules Review Commission (RRC) for review no later than November 20, 2025 for review at the December 18, 2025 RRC meeting. Before being filed, the determination report must receive approval by the Air Quality Committee (AQC) to proceed to the full EMC, approval by the EMC to proceed to public comment, undergo a 60-day comment period, and receive final EMC approval of the report with responses to comments received during the comment period. “Public comment” is defined by G.S. 150B-21.3A(a)(5) as a written objection to all or part of a rule.  Additionally, pursuant to G.S. 150B-21.3A(c)(2), in order for the Rules Review Commission to determine whether the public comment has merit, the public comment must address the specific substance of the rule and address any of the standards of Commission review, as set forth in G.S. 150B-21.9(a). 

This webpage will be updated as the determination report proceeds throughout the process. For information on DEQ Rule Readoptions available for public comment, visit the DEQ Rules Review webpage. 

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 Permit 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 then had to 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.

Due to the number of air quality rules for readoption, the Division divided the rules into six groups and facilitated each group independently throughout the process, holding stakeholder meetings on each group. Note that some rules moved between groups as determined necessary during the process.