Public Comment Period: Revisions to 15A NCAC 02D .0516, Sulfur Dioxide Emissions from Combustion Sources


Purpose: To receive comments on the proposed amendments to 15A NCAC 02D .0516, Sulfur Dioxide Emissions from Combustion Sources. Also, to receive comment on the accompanying regulatory impact analysis for the proposed amendments.

The Clean Air Act required the United States Environmental Protection Agency (US EPA) to set national ambient air quality standards (NAAQS) for sulfur dioxide (SO2) and five other pollutants considered harmful to public health and the environment. The State adopted these ambient standards on February 1, 1976, in 15A NCAC 02D .0400, Ambient Air Quality Standards. In addition, the State adopted emission control standards for these pollutants, including the SO2 emission standard in 15A NCAC 02D .0516.

On November 18, 2021, a request for a declaratory ruling pursuant to NCGS § 150B-4 came before the Environmental Management Commission (EMC). The petition sought a ruling as to the interpretation of 15A NCAC 02D .0516 as it relates to the use of supplemental fuel. The EMC concluded that the plain language of the Rule does not prohibit the use of supplemental fuels, including natural gas purchased from a utility, to increase the heating value of flared waste biogas to enhance oxidation and to endeavor compliance with Rule 02D .0516.

The revisions proposed in this rulemaking are primarily to provide clarity and consistency with the Division of Air Quality’s position that the use of supplemental fuel beyond what is needed for combustion is not a means for compliance with the SO2 standard in 15A NCAC 02D .0516.


More information can be found at:

Public Hearing Date and Location: January 11, 2023 at 6:00 p.m. at the DEQ Green Square Office Building, 1st Floor Training Room (#1210), 217 West Jones Street, Raleigh, NC 27603; or via Cisco Webex Digital Hearing:

Participants can join the meeting starting at 5:45 PM

Cisco WebEx Link:

Meeting Number (Access Code):
US TOLL +1-415-655-0003, Access code: 2436 730 5068

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 4:00 PM on January 11, 2023. 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, December 1, 2022 – Monday, January 30, 2023

Please submit comments via any of the methods below:

Email: (Please type “SO2 Revisions” 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)

Español: Para información del contenido de esta página en español, comuníquese con la Sra. Carolina Jiménez llamando al 919-609-2189 o enviando un correo electrónico a