DEQ Proposed Rules
This library of proposed rules below includes the following information:
- The text of the proposed rule
- An explanation of the rule and why it is being proposed
- Any required federal certification
- Instructions on how and where to submit oral or written comments on the rule
- Any fiscal note that has been prepared for the proposed rule
Proposed Rules
The EMC is proposing amendments to nine air quality rules in 15A NCAC Subchapter 02Q. Specifically, this rulemaking proposes changes to 15A NCAC 02Q .0303, .0304, .0305, .0312, .0503, .0505, .0507, .0515, and .0525 to modify the review timelines for permit modification applications pursuant to Session Law (S.L.) 2023-134, Section 12.11.(a)-(c), which was part of the 2023 Appropriations Act for North Carolina that was passed in October 2023. Section 12.11.(a) of the S.L. revises General Statute (G.S.) § 143-215.108, Control of sources of air pollution; permits required, Subparagraph (d)(2), to specify maximum time periods for the DAQ to review and process these permit modifications. Section 12.11.(b)-(c) of S.L. 2023-134 modifies G.S. § 143-213, Definitions, by creating a new Subdivision (1a) which adds into the definitions list the term “administratively complete” which means "that all information required by statute, regulation, or application form has been submitted to the Department for the purpose of processing a permit application."
Attachments:
Public Notice Announcement
PDF of Proposed Rules
OSBM-approved regulatory impact analysis
Public Hearing: Tuesday, February 4, 2025 at 6:00 p.m. at the DEQ Green Square Office Building, 1st Floor Training Room (#1210), 217 West Jones Street, Raleigh, NC 27603; and via Cisco Webex Digital Hearing Link: https://tinyurl.com/mrxj5238 Event password: NCDAQ
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Public Comment Period: January 2, 2025 - March 3, 2025
More information regarding the hearing and how to submit comments can be found at the following websites:
https://deq.nc.gov/about/divisions/air-quality/air-quality-rules/rules-hearing-process
The Oil and Gas Commission, created by N.C. Gen. Stat. § 143B-293.1, administers the Oil and Gas Conservation Act, Article 27 of Chapter 113 of the General Statutes. The Commission is responsible for establishing a modern regulatory program for the management of oil and gas exploration and development of the State and the use of horizontal drilling and hydraulic fracturing. The Commission manages the oil and gas development program through regulations designed to protect public health and safety; protect public and private property; protect and conserve the State’s air, water, and other natural resources; promote economic development and expand employment opportunities. The Department of Environmental Quality is tasked with administering and enforcing rules adopted by the Commission in accordance with N.C. Gen. Stat. § 113-391(a4).
N.C. Gen. Stat. § 150B-21.3A requires state agencies to review existing rules every 10 years. The Commission is considered an agency as defined by N.C. Gen. Stat. § 150B-2(1b) and therefore is subject to the periodic review requirements at N.C. Gen. Stat. § 150B-21.3A. The proposed rulemaking for 15A NCAC 05C falls within this purview.
The Oil and Gas Commission is directed by N.C. Gen. Stat. § 113-391(a) to adopt rules regulating pre-drilling exploration activities, including geophysical surveys, stratigraphic surveys, and testing. The rules in 15A NCAC 05C establish the procedures related to pre-drilling for oil and natural gas exploration activities, including seismic and other geophysical and stratigraphic surveys and testing as required in N.C. Gen. Stat. § 113-391.
Public Hearing:
Date: January 7, 2025
Time: 6 p.m.
Location: Archdale Bldg. Ground Floor Hearing Room, 512 N. Salisbury St., Raleigh, NC 27604
Comments may be submitted to: Jim Chapman, Division of Energy, Mineral and Land Resources, Archdale Building, 1612 Mail Service Center, Raleigh, NC 27699-1612; phone (919) 707-9231; email james.chapman@deq.nc.gov
Comment period ends: February 14, 2025
The Public Water Supply (PWS) Section, which serves as the primacy agency to United States Environmental Protection Agency (EPA), has responsibility to implement and enforce provisions of the federal Safe Drinking Water Act (SDWA). As per publication in the federal register (Vol. 89, No. 42) on April 26, 2024, new and mandatory EPA requirements exist and await implementation by the PWS Section. The new requirements are intended to control and manage public health risks associated with Per- and Polyfluoroalkyl substances (PFAS). To complete primacy application requirements, the Section has proposed that the federal PFAS rule be codified by the state and adopted by reference into 15A NCAC 18C (Rules Governing Public Water Systems).
Attachments:
Proposed Rule
OSBM-approved Regulatory Impact Analysis
Public Hearing:
Jan. 7, 2025, 1 p.m., Ground Floor Hearing Room, Archdale Building, 512 North Salisbury Street, Raleigh NC
Public Comment Period
Dec. 16, 2024-Feb. 14, 2025
Comments can be sent to:
Jay Frick
Division of Water Resources, Public Water Supply Section
1634 Mail Service Center 27699-1634
jay.frick@deq.nc.gov
The North Carolina Department of Environmental Quality (DEQ) proposes to adopt 15A NCAC 01V .0101 - .0107 “Decommissioning and Financial Assurance Requirements for Utility-Scale Solar Projects.” This proposed rulemaking action is in response to the requirement for DEQ to adopt rules in G. S. 130A-309.24(j) and S.L. 2023-58, s. 2.(c). The rules provide additional detail, clarification, and consistency for the decommissioning and financial assurance requirements for utility-scale solar projects in G.S. 130A-309.240, and establishes the registration fee structure and amounts, registration and document submittal and approval procedures, and more detailed financial assurance mechanism requirements and wording.
Attachments:
15A NCAC 01V Public Notice and Proposed Rules
OSBM Approved Fiscal and Regulatory Impact Analysis
Public Hearing: Thursday, November 7, 2024 at 5:00 pm at the DEQ Green Square Office Building, 1st Floor Training Room (#1210), 217 West Jones Street, Raleigh, NC 27603; and virtually using Cisco WebEx Digital Hearing Link: https://ncgov.webex.com/ncgov/j.php?MTID=md6291d0db458c6b9b3dc3cc72e9496ce
WebEx Event Password: NCDEQ
Public Comment Period: October 15, 2024 – December 16, 2024
More information regarding the public hearing, how to register to speak during the public hearing (including the deadline to register), and how to submit comments can be found in the attached document: 15A NCAC 01V Public Notice and Proposed Rules
The Environmental Management Commission (EMC) proposes to amend 15A NCAC 02D .0410, PM2.5 Particulate Matter, to incorporate the EPA's revision to the primary annual national ambient air quality standard (NAAQS) for particulate matter with diameters less than or equal to 2.5 microns (PM2.5).
Attachments:
Public Notice Announcement
PDF of Proposed Rule
OSBM-approved regulatory impact analysis
Public Hearing: Thursday, October 17, 2024 at 6:00 p.m. at the DEQ Green Square Office Building, 1st Floor Training Room (#1210), 217 West Jones Street, Raleigh, NC 27603; and via Cisco Webex Digital Hearing Link: https://tinyurl.com/yc37x73p Event password: NCDAQ
Public Comment Period: September 3, 2024 - November 4, 2024
More information regarding the hearing and how to submit comments can be found at the following website:
https://deq.nc.gov/about/divisions/air-quality/air-quality-rules/rules-hearing-process
The Environmental Management Commission (EMC) proposes to adopt 15A NCAC 02Q .0529, Insignificant Research and Development Activities Exemption. The initiation of this proposed rule was the requirement under Section 12.11.(d) of Session Law (S.L.) 2023-134 for the EMC to create an exemption from Title V permitting for research and development (R&D) activities to clarify flexibility consistent with the U.S. Environmental Protection Agency's (EPA's) position in their July 10, 1995 "White Paper for Streamlined Development of Part 70 Permit Applications."
Attachments:
Public Notice Announcement
PDF of Proposed Rule
OSBM-approved regulatory impact analysis
Public Hearing: Tuesday, August 20, 2024 at 6:00 p.m. at the DEQ Green Square Office Building, 1st Floor Training Room (#1210), 217 West Jones Street, Raleigh, NC 27603; and via Cisco Webex Digital Hearing Link: https://tinyurl.com/28jh2j2a Event password: NCDAQ
Public Comment Period: July 1, 2024 - August 30, 2024
More information regarding the hearing and how to submit comments can be found at the following website:
https://deq.nc.gov/about/divisions/air-quality/air-quality-rules/rules-hearing-process
The CRC is proposing a rule to re-designate Jockey’s Ridge as an Area of Environmental Concern (AEC), as well as use standards to protect the AEC from incompatible development and loss of sand.
Public Hearing October 15, 2024 1:00 p.m.
Jockey’s Ridge State Park Community Room in Visitor’s Center 300 W. Carolista Drive, Nags Head, NC 27959
Comment Period Ends: November 4, 2024
The Coastal Resources Commission (CRC) is proposing to replace expired rules 15A NCAC 7J .0203, .0204, .0206 and .0207 with new rules that will be codified in 15A NCAC 07J .1400 and .1500. These rules are necessary for the regulated public to have a clear understanding of the information required to apply for a Coastal Area Management Act (CAMA) permit.
Public Hearing
September 25, 2024 1:30 p.m.
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Public Comment Period Ends: November 4, 2024
Public notice: The Environmental Management Commission is intending to amend the rule, 15A NCAC 02B .0309, in connection with the reclassification of waters in the Yadkin-Pee Dee River Basin. Read the full notice published online in the North Carolina Register.
Background: The EMC is proposing to amend the classification of the following waters to Class WS-IV or Class WS-V: portions of the Yadkin River, South Yadkin River, Deals Creek, Second Creek, Beaverdam Creek, Walnut Branch, Setman Branch, Fourth Creek, Peeler Creek, Cody Creek, Dutchman Creek, Humpy Creek and associated tributaries. The affected surface waters are in Rowan, Davie and Davidson counties.
The proposed classification is requested by Salisbury-Rowan Utilities to relocate their existing pump station and raw water intake to a location approximately 2,100 feet downstream in the Yadkin River (including upper portion of High Rock Lake below normal operating level). The existing intake is affected by increased sedimentation and flooding. Relocating the intake will improve resiliency of the water supply capabilities during and following floods. The new combined intake structure and pump station is within the boundary of High Rock Lake and would draw water from not only the Yadkin River, but also the South Yadkin River, Deals Creek, and associated tributaries, which necessitates the reclassification of these waterbodies to the Water Supply classification.
A use and value demonstration study, as required by the federal Clean Water Act, was conducted on the waters proposed to be reclassified and concluded that they meet the classification requirements.
If reclassified, restrictions affecting new landfills, sites that land apply sludge and residuals, development density, and industrial process wastewater discharges would apply. Based on zoning and current conditions in the area, the reclassification is anticipated to have no effect on current practices, including no effect on farming practices.
The associated Regulatory Impact Analysis was certified by OSBM on June 11.
Comments: Public comments will be accepted between August 15 and October 14, 2024. Comments may be submitted to: Elizabeth Liebig, DEQ-DWR Water Planning Section, 1611 Mail Service Center, Raleigh, NC, 27699-1611, or by email to elizabeth.liebig@deq.nc.gov.
Public hearing: A public hearing has been scheduled for 6 p.m. Oct. 10 at the Rowan-Cabarrus Community College North Campus, Room 101, Building 106, 1333 Jake Alexander Blvd., S., Salisbury, N.C., 28146.
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.
The Coastal Resources Commission proposes a new administrative rule to provide greater flexibility to local governments, large oceanfront homeowners associations, and government agencies in allowing the use of wheat straw bales for dune protection in addition to sand fencing.
Fiscal Analysis - OSBM Approved
Public Hearing:
October 30, 2024 1:00 p.m.
NC Division of Coastal Management
400 Commerce Avenue Morehead City, NC 28557
Public Comment Period: October 1 - December 2, 2024
Public notice: The Environmental Management Commission (EMC) is intending to amend the rule, 15A NCAC 02L .0202 Groundwater Quality Standards, in order to establish groundwater standards for three per- and polyfluoroalkyl substances (PFAS): PFOA, PFOS, and GenX. Read the full notice published online in the November 1, 2024 edition of the North Carolina Register.
Groundwater quality standards are the maximum allowable concentrations resulting from any discharge of contaminants to the land or waters of the state, which may be tolerated without creating a threat to human health or which would otherwise render the groundwater unsuitable for use as an existing or potential source of drinking water supply for humans. PFAS are a group of chemicals of specific concern in North Carolina. To ensure the protection of the groundwaters of North Carolina, it is necessary to identify sources of PFAS contamination in groundwater, prevent further contamination, and take steps to remediate any existing contamination.
The associated Regulatory Impact Analysis was approved by OSBM on August 14, 2024.
Comments: Public comments will be accepted between November 1 and December 31, 2024. Comments may be submitted to: Bridget Shelton, NC DEQ Division of Water Resources, Planning Section, 1611 Mail Service Center, Raleigh, NC 27699-1611, or by email to GWTriRevComments@deq.nc.gov
Public hearings: Public hearings have been scheduled at the locations, dates, and times below:
Date: November 21, 2024, 6:00p.m.
Location: Pine and Fraser Fir Rooms, Mecklenburg County Land Use & Environmental Services Building, 2145 Suttle Ave., Charlotte, NC 28208
Date: December 2, 2024, 6:00p.m.
Location: U-170, Union Station Building, Cape Fear Community College, 502 N. Front Street, Wilmington, NC 28401
Date: December 3, 2024, 6:00p.m.
Location: Ground Floor Hearing Room, Archdale Building, 512 N. Salisbury Street, Raleigh, NC 27604
At each hearing, speaker registration and sign-in will begin at 5:00 p.m. Each hearing will conclude by 9:00 p.m., however the hearing officer may conclude the hearing earlier if all registered speakers have been heard. The Hearing Officer may limit the length of time for each speaker to allow everyone an opportunity to be heard. Written comments and copies of prepared remarks will be accepted at each hearing.
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.
Public notice: Three Session Laws (SL 2023-55, SL 2023-134, and SL 2023-137) passed by the NC General Assembly require amendments to 15A NCAC 02T .0114 and .0118. The Environmental Management Commission propose to amend 15A NCAC 02T .0114 to lower the water flow capacity for new dwelling units from 120 gallons per day per room to 75 gallons per day per bedroom. Session Law 2023-137 as amended by Session Law 2023-55 requires amendments to 15A NCAC 02T Rules .0118 to allow a Wastewater Treatment Plant in a county that has above a 2% population growth rate, or is one of the top 20% of the fastest growing counties in the State, to allocate 110% of its hydraulic capacity and to increase its allocation amount to 115% when a system expansion is within 24 months of completion. If the permittee exceeds its current permitted monthly flow more than once in any 12-month period, the permittee may not allocate more than 100%. Session Law 2023-134 and Session Law 2023-137 as amended by Session Law 2023-55 have been implemented by DEQ since November 1, 2023.
15A NCAC 02T .0114 and .0118 Public Notice and Proposed Rules
OSBM Approved Fiscal and Regulatory Impact Analysis
Public Hearing: Thursday, December 5, 2024, at 11 a.m. at the Archdale Building, Ground Floor Hearing Room - 512 North Salisbury Street, Raleigh, NC 27604
Public Comment Period: Nov. 1, 2024 – Dec. 31, 2024
More information regarding the public hearing, how to register to speak during the public hearing (including the deadline to register), and how to submit comments can be found in this document: 15A NCAC 02T .0114 and .0118 Public Notice and Proposed Rules
Notice is hereby given in accordance with G.S. 150B-21.2 that the Environmental Management Commission intends to amend the rule cited as 15A NCAC 02B .0733.
The Tar-Pamlico Wastewater Rule (15A NCAC 02B .0733) was adopted in 1997 to address requirements for non-association new and expanding wastewater dischargers in the Tar-Pamlico basin. This rule was readopted with revisions in 2020, at which time its applicability was expanded to address all new and expanding facilities in the basin. This Rule in its current form does not address the implementation requirements for existing wastewater dischargers that are members of the Tar-Pamlico Basin Association (TPBA), which are addressed in the Association’s Group Discharge Permit and a signed Agreement between the Association, Division of Water Resources, and Environmental Management Commission. The Division is proposing to revise the language in the .0733 rule to fully incorporate the wastewater discharge requirements for the TPBA as currently established in their Group Discharge Permit and Agreement. Codifying the point source requirements in the rule adds benefits of establishing a more enforceable foundation for the Total Maximum Daily Load (TMDL) driven requirements of the nutrient management strategy. Finally, the proposed revisions to the Rule provide an opportunity to modernize the language and improve the clarity of the requirements for the regulated community, while also providing the opportunity for stakeholder input on the proposed rule.
Public Hearing:
Date: February 6, 2025 Time: 6:00 p.m. Location: Pitt County Agricultural Center - Mark Owens, Jr. Auditorium, 403 Government Circle, Greenville, NC 27834
Public Comments:
Comments may be submitted to: John Huisman, NC DEQ Division of Water Resources, Planning Section, 1611 Mail Service Center, Raleigh, NC 27699-1611; phone (919) 707-3677; email john.huisman@deq.nc.gov Comment period ends: March 3, 2025