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.


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:

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:

*For instructions on ways to join the public hearing, please refer to the following link:

*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: (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)

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.