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 Department of Environmental Quality is accepting public comments regarding the adoption of proposed rules 15A NCAC 01X .0101-.0106, .0201-.0203, and .0301-.0303, “Express Permitting,” as required by S.L. 2023-134, s. 12.13.(b).
The proposed rules provide additional detail, clarification and consistency for the review of requests for express permitting in the Express Review Program established under G.S. 143B-279.13.
Additionally, the rules establish the permits to which the program applies, the eligibility requirements for applicants desiring express review, the submission requirements for requests for express review and related applications, the procedures by which requests for express review will be evaluated and the timelines under which accepted applications will be processed.
Public comment period opens on March 3, 2025. Comments can me submitted via email at adam.parr@deq.nc.gov, or mailed to:
Adam Parr
1612 Mail Service Center
Raleigh, NC, 27699
Comments must be submitted no later than May 2, 2025.
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
Audio conference: To receive a call back, provide your phone number when you join the event, or call the number below and enter the access code.
US TOLL +1-415-655-0003, Access code: 2431214 7646
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
Notice is hereby given in accordance with G.S. 150B-21.2 that the Environmental Management Commission intends to amend the rules cited as 15A NCAC 02D .1904 and 15A NCAC 02Q .0810.
The purpose is to receive comments on the proposed amendments to 15A NCAC 02D .1904, Air Curtain Incinerators, and 15A NCAC 02Q .0810, Air Curtain Burners. Also, to receive comment on the accompanying a fiscal note for the proposed revisions.
On October 10, 2024, the North Carolina General Assembly passed House Bill 149, also known as the Disaster Recovery Act of 2024, in response to Hurricane Helene. Section 10.5.(c) of the Act states that owners and operators of permanent and temporary air curtain incinerators (ACIs) subject to 40 CFR Part 60, Subparts EEEE and FFFF shall not be required to obtain a General Title V Operating Permit. This change applies to other solid waste incineration (OSWI) ACIs and is consistent with USEPA’s changes to the federal rules for these sources in April of 2024. Section 10.5.(d) of the Act requires that the North Carolina Environmental Management Commission (EMC) amend Rule 02D .1904 to be consistent with Section 10.5.(c), which will be in effect until the revised permanent rule is effective. To reflect the USEPA’s revision to permitting requirements for OSWI ACIs in 40 CFR Part 60, Subparts EEEE and FFFF and pursuant to Section 10.5.(d) of the Disaster Recovery Act of 2024, the DAQ is proposing to amend Rule 02D .1904 to remove the requirement for OSWI ACIs to obtain a Title V permit and make other revisions to monitoring, recordkeeping, and reporting to clarify compliance obligations for owners and operators of ACIs.
The amendments to Rule 02D .1904 adopted pursuant to Section 10.5.(d) of the Act are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes (G.S.) (i.e., Rules Review Commission review), and shall become effective as provided in G.S. 150B-21.3(b1), as though 10 or more written objections had been received as provided in G.S. 150B-21.3(b2). Therefore, Rule 02D .1904 will go to the next Legislative Session for review by the General Assembly and become effective on the earlier of the thirty‑first legislative day or the day of adjournment of the next regular session of the General Assembly that begins at least 25 days after the date the Rules Review Commission approved the rule, unless a different effective date applies.
The amendments to Rule 02Q .0810 include recalculation of the exclusionary limit using updated emission factors, clarification of the types of debris that can be combusted in a unit utilizing this exclusionary rule, and revision of the term “air curtain burners” to “air curtain incinerators” for consistency with the rest of the Rules in 15A NCAC 02D and 02Q.
Attachments:
Public Notice Announcement
PDF of Proposed Rules
OSBM-approved regulatory impact analysis
Public Hearing: August 19, 2025, at 6:00pm 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/aircurtainincinerators Event Password: NCDAQ
Audio conference: To receive a call back, provide your phone number when you join the event, or call the number below and enter the access code.
US TOLL +1-415-655-0003, Access code: 2435 732 1274
*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 August 19, 2025. To register, please click the following link: https://forms.office.com/g/MEnme2TgRB
*For instructions on ways to join the public hearing, please refer to the following link:
https://www.deq.nc.gov/about/boards-and-commissions/how-attend-webex-meeting-0
*If you have technical difficulties, the following automated voicemail has been set up to receive your verbal comments: 919-707-8430
Si necesita esta información en español, comuníquese con Shawn Taylor llamando al (919) 816-6086 o enviando un correo electrónico Shawn.Taylor@deq.nc.gov
Comment Period Duration: July 1, 2025, through September 2, 2025
Public Comments: Comments should be submitted to; and additional information concerning the hearing or the proposed rulemaking may be obtained by contacting:
Ms. Katherine Quinlan
Division of Air Quality
1641 Mail Service Center
Raleigh, North Carolina 27699-1641
(919) 707-8702
daq.publiccomments@deq.nc.gov (Please type "Air Curtain Incinerator Rules" in the subject line)
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 Coastal Resources Commission is amending this rule to protect the Area of Environmental Concern from incompatible development and loss of sand.
Fiscal Analysis - OSBM Approved
Public Hearing: April 30, 2025 4:00 p.m.
Dare County Government Center
954 Marshall C. Collins Dr., Manteo, 27954
Comment Period: April 1 - June 2, 2025
Written comments should be submitted to crcrulemaking@deq.nc.gov
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
Notice is hereby given in accordance with G.S. 150B-21.2 that the Environmental Management Commission intends to amend the rules cited as 15A NCAC 02B .0219, and .0226.
Link to agency website pursuant to G.S. 150B-19.1(c): Proposed Rules and the Periodic Review of Existing Rules
Proposed Effective Date: Nov. 1, 2025
Public Hearing: The Department of Environmental Quality (DEQ) Division of Water Resources (DWR) will hold one public hearing regarding proposed revisions to the Environmental Management Commission (EMC) Surface Water Quality Standards in 15A NCAC 02B .0200. This hearing will be held in-person at the following location:
Date: April 22, 2025
Time: 6 p.m.
Location: Ground Floor Hearing Room, Archdale Building, 512 North Salisbury Street, Raleigh, N.C. 27604
Speaker registration and sign-in will begin at 5:00 p.m. The 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. Public parking information is available online: Interactive State Parking Map.
Reason for Proposed Action: The federal Clean Water Act (CWA) requires that states adopt water quality standards to protect surface waters from the deleterious effects of pollution. Surface waters are protected based on established "uses" in the waters. Each surface water in the state receives a classification that defines the uses that apply, and the water quality standards established to protect those uses. These uses include the protection of aquatic life, recreation in and on the water, water supply, and human consumption of fish tissue.
Federal and State laws require the periodic review of North Carolina’s surface water quality standards. This review is conducted on a triennial basis and includes a review of existing water quality standards, EPA National Recommended Water Quality Criteria, and other scientific information. If necessary, revisions to the standards are subsequently proposed based on new or updated ecological, health and toxicological information.
For the 2023-2025 North Carolina Triennial Review of Surface Water Quality Standards, the proposed revisions consist of the following changes:
Recreational criteria (E. coli) in 15A NCAC 02B .0219:
- Replace the existing fecal coliform standard with a new Escherichia coli (E. coli) standard to serve as the pathogenic indicator in freshwater Primary Recreation (Class B) waters. This change is based on EPA’s 2012 Recreational Water Quality Criteria (EPA 820-F-12-058). The proposed update appears in the 15A NCAC 02B .0219 rule language that is included as part of this public notice.
Surface water quality standards variances in 15A NCAC 02B .0226:
- Include a reference to Title 40 of the Code of Federal Regulations Part 131.14 (40 CFR 131.14) in existing language in 15A NCAC 02B .0226 to improve clarity regarding the federal requirements for surface water quality standards variances. The proposed correction appears in the 15A NCAC 02B .0226 rule language that is attached as part of this press release.
Public comments will be accepted on these proposed changes and the Regulatory Impact Analysis associated with these changes. Public comments will also be accepted on water quality standard variances and other water quality standard topics not addressed by this rulemaking such as adoption of other published EPA National Recommended Water Quality Criteria. For additional information on these proposed changes and the associated Regulatory Impact Analysis, please visit the DWR Surface Water Standards webpage. In addition, view the regulatory impact analysis online: Regulatory Impact Analysis.
Comments may be submitted to: Christopher Ventaloro, DEQ-DWR Planning Section, 1611 Mail Service Center, Raleigh, NC 27699-1611; email SWTriRevComments2025@deq.nc.gov
Comment period ends: May 2, 2025
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 a written objection to the Rules Review Commission. If the Rules Review Commission receives written and signed objections after the adoption of the Rule 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 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive letters via U.S. Mail, private courier service, or hand delivery to 1711 New Hope Church Road, Raleigh, North Carolina, or via email to oah.rules@oah.nc.gov. If you have any further questions concerning the submission of objections to the Commission, please review 26 NCAC 05 .0110 or call a Commission staff attorney at 984-236-1850.
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 .0202.
Reason for Proposed Action: Rule amendment required pursuant to Session Law 2023-63.
Comments may be submitted to: Sue Homewood, 1617 Mail Service Center, Raleigh, NC 27699-1617; phone (336) 813-1863; email sue.homewood@deq.nc.gov
Comment period ends: June 30, 2025
Rule(s) is automatically subject to legislative review: Session Law 2023-63
Proposed Effective Date: Subject to Legislative Review.
Regulatory Impact Analysis
Public Hearing
Date: June 26, 2025
Time: 6 p.m.
Location: Ground Floor Hearing Room, Archdale Building, 512 N. Salisbury St, Raleigh NC 27604 or virtually.
Online Instructions for Virtual Attendance/Speaking at Public Hearing Regarding Proposed Amendment to 15A NCAC 02B .0202
WebEx Link to Join the Hearing:
https://ncgov.webex.com/ncgov/j.php?MTID=mc924957b9d3395883ef8e61c5eda6…
Password: NCDEQ
WebEx Access Code: 2425 792 4510 (if the above link doesn’t work, go to https://signin.webex.com/join and enter the access code as an alternate way to join the meeting)
Connect via Telephone (if you can’t use computer audio): 1-415-655-0003 (US Toll), Access Code: 2425 792 4510
If you wish to speak virtually via WebEx at the public hearing, you must register beforehand. Registration must be completed by noon on June 26, 2025. To register, please click the following link: https://forms.office.com/g/ApH3aQwDQg
Also, if you wish to speak, please login to WebEx using your first and last name so that the host knows who you are when calling on people to offer comments. For instructions on ways to join the public hearing, please refer to the following link: https://www.deq.nc.gov/about/boards-and-commissions/how-attend-webex-meeting-0
Link to agency website pursuant to G.S. 150B-19.1(c): https://www.deq.nc.gov/about/divisions/water-resources/water-resources-…
15A NCAC 07H .0209(g) provides a definition of Urban Waterfronts, identifies the significance, and includes both management objectives and use standards for development occurring within Urban Waterfront areas. Amendments to 15A NCAC 07H .0209(g) provide additional language that allows the installation of “non-permanent enclosures” over new and existing decks and boardwalks in urban waterfronts and prohibits the installation of permanently attached HVAC and heating in these areas.
Public Comment Period: June 16 - August 15, 2025
Public Hearing: July 8, 2025 5:00 p.m.
NC Division of Coastal Management
400 Commerce Avenue, Morehead City 28557
Written comments should be submitted to CRCrulemaking@deq.nc.gov
In the event that proposed development cannot meet the
oceanfront setback defined in 15A NCAC 07H .0306(a),
current Rule 15A NCAC 07H .0309(b) serves as an
exception for lots platted before June 1, 1979 that may allow
a structure no greater than 2,000 square feet to be
constructed if it can meet a minimum setback of 60 feet and
be sited no further oceanward than its landward-most
adjacent neighbor. The proposed amendments: remove the
reference to when a lot was platted, making this development
option available to eligible oceanfront property owners
regardless of when their lot was platted; increase the
structure size limit from 2,000 square feet to 2,500 square
feet; and remove the 1,000 square feet footprint condition.
Public Comment Period: June 16 - August 15, 2025
Public Hearing: July 8, 2025 5:00 p.m.
NC Division of Coastal Management
400 Commerce Avenue, Morehead City 28557
Written comments should be submitted to CRCrulemaking@deq.nc.gov