Air Quality Rules & Regulations

The Division of Air Quality's Rule Development Branch, part of the Planning Section, works with stakeholders, the EPA, and the state Environmental Management Commission (EMC) to create the air quality rules codified in the North Carolina Administrative Code.

Current Air Quality Rules

The EMC's Air Quality Committee (AQC) assists in the adoption of air quality rules. View past and upcoming AQC agendas and minutes. 

Rulemaking Activities

Periodic Review of Existing Rules
View the status of the Rule Readoption Process pursuant to G.S. 150B-21.3A.

Rules in the Hearing Process
View proposed rules currently in the public comment and hearing process.

Recently Completed Rulemakings 
View supporting materials related to recently completed rulemaking activities.

Status of Ongoing Rulemaking Activities

Tab/Accordion Items

Description:  The Division of Air Quality (DAQ) received a Petition for Rulemaking from Earth & Water Law, LLC on April 13, 2026. Pursuant to North Carolina General Statute § 150B-20 and 15A NCAC 02I .0501, Earth & Water Law, LLC requests that the Environmental Management Commission (EMC) revise 15A NCAC 02D .0400 to incorporate the federal National Ambient Air Quality Standards (NAAQS) by reference. The petition was granted by the EMC, which initiates the rulemaking process. This rule will be amended as a part of the rule readoption process.

Tentative Rulemaking Timeline (subject to change)
  • Petition for rulemaking received from Earth & Water Law, LLC - April 13, 2026
  • Petition determined complete in accordance with 15A NCAC 02I .0501 - April 23, 2026
  • Petition presented to EMC for consideration, and EMC vote to grant the petition - May 14, 2026
  • AQC approval to proceed to the full EMC - anticipated July 2026
  • EMC approval to proceed to public comment and hearing - anticipated September 2026
  • Public comment period and hearing - anticipated October - December 2026
  • EMC adoption of hearing record and rule amendments - anticipated March 2027
  • Submittal of EMC approved rules to RRC - anticipated March 2027
  • RRC approval of amended rules - anticipated April 2027
  • Effective date - anticipated May 2027

Description:  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 first cycle of readoption for all of the air quality rules in 15A NCAC, Subchapter 02D (Air Pollution Control Requirements) and Subchapter 02Q (Air Quality Permits Procedures) was completed in 2020. The Division is currently in the second cycle of readopting the air quality rules. Similar to the first cycle of rule readoption that was conducted from 2015-2020, the DAQ has divided the 313 air quality rules into six groups which will proceed through the rulemaking process in phases over the next several years, such that all rules will be readopted by the deadline of December 1, 2030. The first group of rules ("Group 1") includes 22 total rules across five sections within Subchapter 02D:

15A NCAC 02D .0100, Definitions and References
15A NCAC 02D .0200, Air Pollution Sources
15A NCAC 02D .0300, Air Pollution Emergencies
15A NCAC 02D .2000, Transportation Conformity
15A NCAC 02D .2200, Special Orders

Tentative Rulemaking Timeline (subject to change)
  • Group 1 Stakeholder meeting - May 21, 2026
  • AQC approval to proceed to the full EMC - anticipated July 2026
  • EMC approval to proceed to public comment and hearing - anticipated September 2026
  • Public comment period and hearing - anticipated October - December 2026
  • EMC adoption of rules and hearing record - anticipated March 2027
  • Submittal of EMC approved rules to RRC - March 2027
  • RRC approval of rules - anticipated April 2027
  • Tentatively effective date - May 2027

Description:  This rulemaking proposes to amend the Title V Exclusionary Rules in 15A NCAC 02Q .0800 to add non-emergency stationary reciprocating internal combustion engines (RICE) to the list of potentially qualifying units that may be excluded from needing a Title V permit. The Permit Exemption Rules in 15A NCAC 02Q .0900 contain provisions for exempting both emergency and non-emergency RICE from needing a non-Title V permit pursuant to the rules in 02Q .0300, but these units must first be excluded from needing a Title V permit pursuant to 02Q .0500. The Exclusionary Rules in 02Q .0800 already contain provisions for excluding qualifying emergency RICE and peak-shaving generators, but do not exclude non-emergency RICE from Title V. Therefore, the DAQ is proposing to add exclusionary provisions for qualifying non-emergency RICE with actual emissions below major source thresholds.

Tentative Rulemaking Timeline (subject to change)
  • Concept presented to AQC - July 9, 2025
  • AQC approval to proceed to the full EMC - March 11, 2026
  • EMC approval to proceed to public comment and hearing - May 14, 2026
  • Public comment period and hearing - anticipated July - August 2026
  • EMC adoption of hearing record and rule amendments - anticipated September 2026
  • Submittal of EMC approved rules to RRC - anticipated September 2026
  • RRC approval of amended rules - anticipated October 2026
  • Effective date - anticipated November 2026

Note: The comment period for this rulemaking has been extended until December 31, 2025.

Description: Pursuant to Session Law (S.L.) 2013-134, Section 12.11(e)-(g), as amended by S.L. 2024-1, Section 4.13 this rulemaking seeks to incorporate the pre-permitting construction activity provisions of Section 12.11(e) of the S.L. Pursuant to S.L. 2024-1, Section 4.13, the effective date of the provisions is contingent upon EPA approval.

Tentative Rulemaking Timeline (subject to change)
  • Concept presented to AQC - July 10, 2024
  • Presentation of draft rules and regulatory impact analysis (RIA) to AQC - May 7, 2025
    (the AQC requested changes to the RIA and reconsidered the rulemaking package in July 2025)
  • AQC approval to proceed to the full EMC - July 9, 2025
  • EMC approval of 30-day waiver and approval to proceed to public comment and hearing - July 10, 2025
  • Public comment period and hearing - October 15 - December 31, 2025 (extension from original comment period end date of December 15, 2025)
  • Presentation of Hearing Officer's Report to EMC - March 11, 2026
  • Submittal of EMC approved rules to RRC - March 2026
  • RRC objection to the rules on the basis of lack of statutory authority - April 28, 2026
  • EMC voted to request return of the rules - May 14, 2026

Description:  This rulemaking proposes to amend Rule 02D .1904 to: 1) remove the Title V permit requirement for other solid waste incineration (OSWI) air curtain incinerators (ACIs) to align with the EPA's revisions to 40 CFR Part 60, Subparts EEEE and FFFF finalized in April 2024; and 2) make other clarifying revisions based on comments from DAQ staff. The rulemaking also proposes amendments to Exclusionary Rule 02Q .0810 to increase the threshold under which ACIs may remain a minor source for Title V, based on updated emission factors, and to align the rule with 02D .1904 and federal requirements.

Tentative Rulemaking Timeline (subject to change)
  • Concept presented to AQC - November 13, 2024
  • AQC approval to proceed to the full EMC - March 12, 2025
  • EMC approval to proceed to public comment and hearing - May 8, 2025
  • Public comment period and hearing - July 1, 2025 - September 2, 2025
  • Rulemaking paused until such time that all recent and anticipated changes to the federal requirements for ACIs can be incorporated into the rulemaking.
    • EPA proposal of ACI consolidation rulemaking: March 20, 2026. Comment period concluded on May 4, 2026.
    • EPA final action on ACI consolidation rulemaking: TBD

 Description:  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 first cycle of readoption for all of the air quality rules in 15A NCAC, Subchapter 02D (Air Pollution Control Requirements) and Subchapter 02Q (Air Quality Permits Procedures) was completed in 2020. The Division is preparing for the second cycle of readopting the air quality rules. The first step of the readoption process requires each agency to make an initial determination for each of its rules, classifying it as either "necessary" or "unnecessary." The process for making these determinations is underway, and the progress of the Agency Determination Reports for 02D and 02Q can be found on the DAQ's Periodic Review of Existing Rules webpage.

Rulemaking Timeline for Agency Determination Reports for the rules in 15A NCAC 02D and 02Q
Tentative Rulemaking Timeline for Rule Readoption for the rules in 15A NCAC 02D and 02Q
  • Deadline for completing readoption of all 02D and 02Q rules - December 1, 2030
  • AQC approval of proposed schedule - March 11, 2026
  • EMC approval of proposed schedule - March 12, 2026
  • RRC approval of proposed schedule - April 28, 2026

Description: Pursuant to Session Law (S.L.) 2013-134, this rulemaking seeks to incorporate the permit modification review timelines of Section 12.11(a) of the S.L. and incorporates the definition of an "administratively complete" application specified in Section 12.11(c) of the S.L.

Tentative Rulemaking Timeline (subject to change)

Description: Pursuant to CAA Section 111(d), these rules seek to establish standards of performance for methane emissions from designated facilities in the Crude Oil & Natural Gas source category to implement the EPA's Emission Guidelines under 40 CFR Part 60, Subpart OOOOc.

Tentative Rulemaking Timeline (subject to change)
  • Concept presented to AQC - May 8, 2024
  • Information Item update presented to AQC - July 10, 2024

  • Rulemaking paused due to EPA announcement to reconsider the rule. 

    On July 31, 2025, EPA issued an Interim Final Rule (IFR) to extend several compliance deadlines in the 2024 Final Rule. On December 3, 2025, EPA issued a final rule reaffirming the extensions in the IFR. The December 3, 2025, final rule also provided an additional 180-day extension to the compliance dates related to net heating value monitoring of flares and enclosed combustion devices, as well as a 360-day extension for owners and operators to submit initial annual reports. On April 9, 2026, EPA took another step in the comprehensive reconsideration by finalizing revisions to certain aspects of the 2024 OOOOb/c rule. The EPA is currently developing another proposal to further amend the 2024 Final Rule.

Description: Pursuant to CAA Section 111(d), these rules seek to establish standards of performance for greenhouse gas (GHG) emissions, in the form of carbon dioxide (CO2), from existing fossil fuel-fired steam electric generating units (EGUs) to implement the EPA's Emission Guidelines under 40 CFR Part 60, Subpart UUUUb.

Tentative Rulemaking Timeline (subject to change)
  • Concept presented to AQC - July 10, 2024
  • AQC Information Item update - January 8, 2025
  • Rulemaking paused due to EPA proposal to repeal the emission guidelines on June 6, 2025.

 

More Information

For questions regarding the materials on this webpage, please contact the Rule Development Branch Supervisor

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This page was last modified on 06/01/2026