Periodic Review of Existing Rules

N.C. Gen. Stat. §150B-21.3A, adopted in 2013, requires state agencies to review existing rules every 10 years. Following an initial review, rules will be reviewed on a 10-year review cycle. 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 PERMITS 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 must 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.

Readoption of Existing Rules

As part of the readoption process, the Division plans to hold a series of stakeholder meetings to receive feedback on various groupings of the existing rules that must be readopted. Related materials for the stakeholder meetings will appear on this page.

The anticipated general timing for addressing the various groups of rules follows. Stakeholders are welcome to provide suggestions regarding needed changes prior to the timeframes listed below by emailing daq.publiccomments@ncdenr.gov or joelle.burleson@ncdenr.gov. Please include the rule Group number in the table below in your subject line. Click on the rules below to download the most current version. 

                         Rule Groups & Anticipated General Timing as of 3/7/2017
                                                    (subject to change)
                                  Tentative General Timing (Subject to Change)
Group Rules*  Target Stakeholder Meeting Target EMC Adoption
1 02D .0100, .0200, .0300, .0400, .1300, .2000, .2200, .2300# December 2, 2016^ January 2018
2 02Q .0100, .0200, 0300, 0400, 0500, .0800, .0900 March 6, 2017^ Early 2018
3 02D .1100, .1200, .1700**, 02Q .0700 June 5, 2017 Summer 2018
4 02D .0540, .1800, .1900 Fall 2017 Fall 2018
5 02D .0600, .2100, .2600 Early 2018 Late Spring/Summer 2019
6 02D .0500, .0900, .1000, .1400 Spring/Summer 2018 Summer/Fall 2019
*   Some rules may shift groups as process progresses
^   Indicates date meeting held
** 02D .1700 is ahead of the rest of Group 3. Draft rules are on May 10, 2017 AQC agenda
#    02D .2300 deferred from group 1 for further DAQ consideration; to be brought forward with a subsequent group.

Next Stakeholder Meeting

June 5, 2017
Begins: 9:30 a.m.
Ground Floor Hearing Rm., Archdale Building
512 N. Salisbury Street
Raleigh, NC 27604
 

Group 1 

Current Group 1 Rules (15A NCAC 02D .0100, .0200, .0300, .0400, .1300, .2000, and .2200)
 
 
 

Group 2

Current Group 2 Rules (15A NCAC 02Q .0100, .0200, .0300, .0400, .0500, .0800, .0900)

03-06-2017 Stakeholder Meeting Presentation

03-06-2017 Stakeholder Meeting Summary

Preliminary Draft - Group 2 Rules

Draft Rules Presented to AQC on May 10, 2017

Group 3- Stakeholder comments due June 26, 2017.

Current Group 3 Rules (15A NCAC 02D .1100, .1200, .1700, and 15A NCAC 02Q .0700)
 
 
 
 
Preliminary Draft - Group 3 Rules
 

Questions or comments on the material above can be sent to Joelle Burleson at Joelle.Burleson@ncdenr.gov

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