Rules in the Hearing Process

Comment Period for Revisions to Title V Fees

Purpose: To receive comments on the proposed amendment of the Permit and Application Fees rule. Also, to receive comment on the accompanying fiscal note for the proposed amendment.

On September 10, 2020, the Environmental Management Commission approved proceeding to public comment on the proposed Title V fee revisions.

15A NCAC 02Q .0203 is proposed for amendment to revise the Title V annual and application fees. The annual base and tonnage fees will be increased to $10,000 and $40.00 per ton, respectively. The revised Title V application fees for minor and significant modifications are proposed to be $3,000 and $7,000, respectively. The revisions will also incorporate a new annual added complexity fee of $2,500 for moderately complex facilities and $7,500 for highly complex facilities. The complexity of a facility will be based on the number of applicable federal programs, and complexity fees will be adjusted annually for inflation as currently allowed for Title V annual and application fees. The amended rule will also incorporate the inflation adjustments for all applicable fees to reflect the calendar year 2021 fees.

The Commission is amending 15A NCAC 02Q .0203 to update the fees that are charged pursuant to G.S. 143-215.3(1d). That statute requires the Commission to establish the fees in conformance with the Clean Air Act, specifically USC 7661a, Section 502(b)(3)(B). As set forth in the US Code and Rule 15A NCAC 02Q .0204, those fees are subject to an inflation adjustment every year on January 1. Therefore, the fee amounts published in this Register will be subject to that inflation adjustment. At this time, the Commission does not know the exact amount of that adjustment, but is publishing the Rule with the fees as charged in 2020 to give the regulated public a basis upon which to comment The Commission acknowledges that the fee will be higher than those published.

Documents:

Public Hearing Date and Location:    Thursday, November 12, 2020 at 6:00 p.m. via Webex

Participants can join the meeting starting at 5:45 PM

Cisco WebEx Link:
https://ncdenrits.webex.com/ncdenrits/onstage/g.php?MTID=e44293934a2a2ce5d36b5e8560565d3b3

Meeting Number (Access Code): 171 927 8952

Meeting Password: NCDAQ

*If you wish to speak at the digital public hearing, you must register, provide the required information, and follow instructions on ways to join the public hearing. Registration must be completed by 12:00 PM on November 12, 2020. To register, please click the following link:
https://forms.office.com/Pages/ResponsePage.aspx?id=3IF2etC5mkSFw-zCbNftGcdRQfzEdNdMhe982T18CERUMjMyUDVFMTdJSDIzMTNMUlhDUkRMMk45VC4u

*For instructions on ways to join the public hearing, please refer to the following link:
https://files.nc.gov/ncdeq/Air%20Quality/rules/hearing/instructions-on-ways-to-join-webex.pdf
https://www.webex.com/test-meeting.html

*If you have technical difficulties, the following automated voicemail has been set up to receive your verbal comments: 919-707-8430

Comment Period Duration: Thursday, October 1, 2020 – Monday, November 30, 2020

Please submit comments via any of the methods below:

Email:  daq.publiccomments@ncdenr.gov (Please type “Please type “Title V Fees Hearing” in the subject line)

Postal Mail:  Rule Development Branch Supervisor
                      NC Division of Air Quality
                      1641 Mail Service Center
                      Raleigh, NC 27699-1641

Fax:  (919) 715-0717 (Please address it to “Rule Development Branch Supervisor”)

Voicemail: (919) 707-8430 (Please state your name and any affiliation before commenting)


*UPDATE*: In the abundance of caution, to address protective measures to help prevent the spread of COVID-19, the Department of Environmental Quality, Division of Air Quality (DAQ), is providing notice to extend the comment period to May 8, 2020 and reschedule to a digital public hearing on the adoption of the Control of Emissions from Log Fumigation Operations rule and the amendment of the Toxic Air Pollutant Guidelines rule. Also, to receive comment on the accompanying revised fiscal note for the proposed adoption and amendment. The public hearing will be held via Cisco’s WebEx teleconferencing service instead of an in-person meeting. 

 

Rescheduled Public Hearing for the Control of Emissions from Log Fumigation Operations Rule

Purpose: To receive comments on the adoption of the Control of Emissions from Log Fumigation Operations rule and the amendment of the Toxic Air Pollutant Guidelines rule. Also, to receive comment on the accompanying revised fiscal note for the proposed adoption and amendment.

On January 9, 2020, the Environmental Management Commission (EMC) approved proceeding to public comment on an additional risk management option for controlling methyl bromide emissions beyond the fence line of log fumigation operations. The additional risk management option consists of an acute Acceptable Ambient Level (AAL) of 0.078 mg/m3 with a 24-hour averaging time paired with a chronic AAL of 0.005 mg/m3 with an annual averaging time. The 0.005 mg/m3 value is based on the United States Environmental Protection Agency’s (U.S. EPA) Integrated Risk Information System (IRIS) chronic reference concentration (RfC). The 0.078 mg/m3 value is based on the minimal risk level (intermediate) from the April 2018 Draft for Public Comment Toxicological Profile for Bromomethane prepared by the federal Centers for Disease Control’s Agency for Toxic Substances and Disease Registry (ATSDR).

In addition, the EMC also requests public comment on an acute AAL value for methyl bromide within a range of 0.078 mg/m3 to 1.29 mg/m3 with a 24-hour averaging time. These AAL values would be paired with a chronic AAL of 0.005 mg/m3 with an annual averaging time. The acute toxicity value of 1.29 mg/m3 is included in the Draft Human Risk Assessment for Registration Review for methyl bromide, a Federal Insecticide, Rodenticide, Fungicide (FIFRA) pesticide re-registration review document prepared by the U.S. EPA Office of Chemical Safety and Pollution Prevention.

 Primary Documents:

Supporting and Related Material:

Public Hearing Date and Time: Monday, May 4, 2020, 6:00 PM

Participants can join the meeting starting at 5:45 PM

Cisco WebEx Link:
https://ncdenrits.webex.com/ncdenrits/onstage/g.php?MTID=e296a5f2baee634a3b0baca4710cad625

Meeting Number (Access Code): 614 804 792

Meeting Password: NCDAQ

*If you wish to speak at the digital public hearing, you must register, provide the required information, and follow instructions on ways to join the public hearing. Registration must be completed by 12:00 PM on May 4, 2020. To register, please click the following link:
https://forms.office.com/Pages/ResponsePage.aspx?id=3IF2etC5mkSFw-zCbNftGcdRQfzEdNdMhe982T18CERUNEhBWDFOOVBKUUdVVFBCMDFGTFhBMkMwUi4u

*For instructions on ways to join the public hearing, please refer to the following link:
https://files.nc.gov/ncdeq/Air%20Quality/rules/hearing/instructions-on-ways-to-join-webex.pdf

*If you have technical difficulties, the following automated voicemail has been set up to receive your verbal comments: 919-707-8430

Comment Period Duration: Monday, February 3, 2020 – Friday, May 8, 2020

Please submit comments via any of the methods below:

Email:  daq.publiccomments@ncdenr.gov (Please type “Revised Log Fumigation Rule” in the subject line)

Postal Mail:  Rule Development Branch Supervisor
                      NC Division of Air Quality
                      1641 Mail Service Center
                      Raleigh, NC 27699-1641

Fax:  (919) 715-0717 (Please address it to “Rule Development Branch Supervisor”)

Voicemail: (919) 707-8430 (Please state your name and any affiliation before commenting)


 

Comment Period for the Group 6 Rule Readoption

Purpose: To receive comments on the readoption of Group 6 rules. Also, to receive comment on the accompanying fiscal note for the proposed readoption and repeal.

On January 9, 2020, the Environmental Management Commission (EMC) approved proceeding to public comment on Group 6 Rules and fiscal note.

There are a total of 108 rules in 15A NCAC 02D .0403, .0500, .0615, .0900, .1400, .1700, and .2615 that are being proposed for readoption pursuant to the requirements of S.L. 2013-413 and G.S. 150-B. A total of 92 rules are being proposed for readoption without any change or without substantive changes, two rules are being proposed for repeal and nine rules are being proposed for readoption with substantive changes.

A description of the rules that are being proposed without any change, without substantive changes or with substantive changes are described in the Public Notice.

The date and time of the public hearing is:

Tuesday March 31, 2020

6:00 P.M.

Cisco WebEx link: https://ncdenrits.webex.com/ncdenrits/j.php?MTID=mffdebf6f80410b9f011fa8ee96544cfc

Meeting number (access code): 611 876 441
Meeting password: VPfPTEWF684
 
Cisco WebEx by Phone: +1-415-655-0003 US TOLL 
Meeting number (access code): 611 876 441

Audio Recording

Documents:

Comment Period Duration: Monday, February 17, 2020 – Friday, April 17, 2020

Please submit comments via any of the methods below:

Email:  daq.publiccomments@ncdenr.gov (Please type “Group 6 Rules” in the subject line)

Postal Mail:  Rule Development Branch Supervisor
                      NC Division of Air Quality
                      1641 Mail Service Center
                      Raleigh, NC 27699-1641

Fax:  (919) 715-0717 (Please address it to “Rule Development Branch Supervisor”)


Control of Emissions from Log Fumigation Operations Rule

Comment Period Extension to August 30, 2019: On June 17, 2019, the North Carolina Environmental Management Commission noticed its intent to receive comments on the proposed adoption of 15A NCAC 02D .0546, Control of Emissions from Log Fumigation Operations, and the proposed amendment to 15A NCAC 02D .1104, Toxic Air Pollutant Guidelines, in North Carolina Register Volume 33, Issue 24, pages 2361-2365. The Division of Air Quality is hereby extending the public comment period from August 16, 2019 to August 30, 2019.

Purpose: To receive comments on the adoption of the Control of Emissions from Log Fumigation Operations rule and the amendment of the Toxic Air Pollutant Guidelines rule. Also to receive comment on the accompanying fiscal note for the proposed adoption and amendment.

The EMC is also requesting comment on a value within a range of AALs from 0.005 mg/m3 to 0.078 mg/m3 for methyl bromide. The AAL value of 0.005 mg/m3 is based on the upper bound value recommended by the SAB. The AAL value of 0.078 mg/m3 is based on the minimal risk level (intermediate) from the April 2018 Draft for Public Comment Toxicological Profile for Bromomethane prepared by the Agency for Toxic Substances and Disease Registry (ATSDR), a federal public health agency of the U.S. Department of Health and Human Services. A copy of this profile can be found at https://www.atsdr.cdc.gov/ToxProfiles/tp.asp?id=822&tid=160

Public Hearing I Date and Location:    Monday, July 22, 2019, 6:00 P.M. DEQ Green Square Office Building, Training Room (#1210), 217 West Jones Street, Raleigh, N.C. 27603

Public Hearing II Date and Location:  Tuesday, July 23, 2019, 6:00 P.M. Cape Fear Community College, Union Station 502 N Front St. Wilmington, NC  28401

Comment Period Duration: Monday, June 17, 2019 – Friday, August 16, 2019

Please submit comments via any of the methods below:

Email:  daq.publiccomments@ncdenr.gov (Please type “Please type “Log Fumigation” in the subject line)

Postal Mail:  Rule Development Branch Supervisor
                   NC Division of Air Quality
                   1641 Mail Service Center
                   Raleigh, NC 27699-1641
Fax:
  (919) 715-0717 (Please address it to Rule Development Branch Supervisor)


 

Revision of Startup, Shutdown, and Malfunction Rules Effective Date

Purpose:   To receive comments on the narrow matter of proposed adjustment of effective date of 15A NCAC 02D .0535 and .0545
 
Dates and Locations: March 20, 2018, 6:00 P.M.
                              Room 1210, DEQ Green Square Office Building
                              217 W. Jones Street
                              Raleigh, NC 27603  
                                   
Comment Period:       February 15, 2018 - March 20, 2018

Procedure for Subjecting a Proposed Rule to Legislative Review:

 If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.

Questions or comments on the material above can be sent to Rule Development Branch Supervisor.