Rules in the Hearing Process

Comment Period for Rule Readoption Cleanup (Part B) Revisions

Purpose: To receive comments on the proposed amendments to 15A NCAC 02Q .0102, and .0706, and 15A NCAC 02D .0503, .0506, .0532, .0613, .0614, .0918, .0926, .0927, .0928, .0932, .0961, .0964, .1403, and .1708 and the proposed repeal of 15A NCAC 02D .0960. Also, to receive comment on the accompanying regulatory impact analysis for the proposed revisions.

This set of seventeen rules is the second part (Part B) of the larger effort to clean up readopted rules, which began in early 2022 and is referred to as the Readoption Cleanup. The scope of the Readoption Cleanup is limited in nature; no rule revision is intended to modify the burden for any stakeholder.

The list of rules considered for amendment in the Readoption Cleanup was large enough to be split into Part A and Part B. Part A included rules with minor typographical corrections, as defined under §150B-21.5 of the Administrative Procedure Act, and was completed in 2022. Part B includes rules requiring clarification, as requested by internal and external stakeholders, related to changes made or carried forward during the readoption process. Additionally, Rule 02D .0960 is proposed for repeal based on recommendation from the United States Environmental Protection Agency (U.S. EPA) due to redundancy, since the requirements of Rule 02D .0960 were readopted into Rule 02D .0932 in 2020.

Documents:

Public Hearing Date and Location: April 13, 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: https://bit.ly/3DQ3EWT

Meeting Number (Access Code):
US TOLL +1-415-655-0003, Access code: 2429 861 0784

Meeting Password: NCDAQ (62327 from phones)

*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 April 13, 2023. To register, please click the following link: https://forms.office.com/g/DPUQnMmewJ

*For instructions on ways to join the public hearing, please refer to the following links:
1.https://edocs.deq.nc.gov/AirQuality/DocView.aspx?id=400651&dbid=0&repo=AirQuality&searchid=47aeab00-6fa5-432e-920a-964434eab696
2.https://www.webex.com/test-meeting.html

*If you have technical difficulties, the following automated voicemail has been set up to receive your verbal comments: 919-707-8430

Comment Period Duration: Wednesday, March 1, 2023 - Monday, May 1, 2023

Please submit comments via any of the methods below:

Email: daq.publiccomments@ncdenr.gov (Please type “Part B Readoption Cleanup” 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 Guadalupe.jimenez@ncdenr.gov

Comment Period for Revisions to Allow Electronic Submittal of Documents

Purpose: To receive comments on the proposed amendments to eighteen rules in 15A NCAC, Subchapters 02D and 02Q, to allow electronic submittal of documents. Also, to receive comment on the accompanying regulatory impact analysis for the proposed amendments.

The rules in 15A NCAC, Subchapters 02D and 02Q, currently require many applications, reports, and other documentation to be submitted to the Division of Air Quality (DAQ) in hard copy format, sometimes requiring multiple paper copies. Further, submittals related to federal regulations, such as Title V permit applications, can only be provided electronically if submitted through a system that is approved by the United States Environmental Protection Agency (US EPA) as compliant with the Cross-Media Electronic Reporting Rule (CROMERR) under 40 CFR Part 3.

The amendments proposed in this rulemaking are primarily to allow an option for the DAQ to receive applications, records, and other documents electronically where paper copy submissions are currently required, once the DAQ has developed and made available a system for receiving such records in electronic format. The proposed revisions also include other minor changes throughout the rules to align with and complement the Department’s transition to an electronic records storage system and allow electronic fee payments.

Documents:

Public Hearing Date and Location: February 21, 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: https://bit.ly/3UX223w

Meeting Number (Access Code):
US TOLL +1-415-655-0003, Access code: 2430 592 4126

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 February 21, 2023. To register, please click the following link: https://forms.office.com/g/B8tWjjmkhw

*If you have technical difficulties, the following automated voicemail has been set up to receive your verbal comments: 919-707-8429

Comment Period Duration: Tuesday, January 17, 2023 - Monday, March 20, 2023

Please submit comments via any of the methods below:

Email: daq.publiccomments@ncdenr.gov (Please type “Electronic Documents Rule 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) 707-8429 (Please state your name and any affiliation before commenting)

Comment Period for 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.

Documents:

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: https://bit.ly/3F9cIb1

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: https://forms.office.com/g/60sZnbCKWV

*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: daq.publiccomments@ncdenr.gov (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)

Comment Period for NOx SIP Call Rules

Purpose: To receive comments on the proposed amendments and adoption of the NOx SIP Call Rules. Also, to receive comment on the accompanying fiscal note for the proposed amendments and adoptions.

On September 9, 2021, the Environmental Management Commission (EMC) approved proceeding to public comment on the NOx SIP Call Rules and fiscal note.

There are a total of four rules going to public comment: 15A NCAC 02D .1401, .1402, .1424, and .1425.

15A NCAC 02D .1401, Definitions. This rule is proposed for amendment to add clarity and consistency for the definitions of “EGU”, “Large non-EGU”, and “NOx SIP Call control period.”

15A NCAC 02D .1402, Applicability. This rule is proposed for amendment to add clarity and consistency by updating the rule references for applicability.

15A NCAC 02D .1424, Large Non-Electric Generating Units. This rule is proposed for adoption to specify the monitoring, recordkeeping, and reporting for permitted facilities with large non-EGUs that opt to implement alternative monitoring to the 40 CFR Part 75 monitoring requirements. The rule outlines specific methodology for facilities to implement to qualify for the alternative monitoring approach.

15A NCAC 02D .1425, NOx Call SIP Budget. This rule is proposed for adoption to directly incorporate the statewide NOx SIP Call Budgets and the reporting requirements of affected facilities with EGUs.

Documents:

Public Hearing Date and Location: Wednesday, December 1, 2021, 6:00 P.M.

NOx SIP Call Digital Hearing

Event address for attendees: https://bit.ly/3oDLv7T

Date and time: Wednesday, December 1, 2021 6:00 pm, (New York, GMT-04:00)

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, Show all global call-in numbers, Access code: 2438 351 6868

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 December 1, 2021. To register, please click the following link: https://bit.ly/3v0EoI9

Comment Period Ends: December 14, 2021

Please submit comments via any of the methods below:

Email: daq.publiccomments@ncdenr.gov (Type “NOx SIP Call” 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 (Address to “Rule Development Branch Supervisor”)

Voicemail: (919) 707-8403 (State your name and affiliation if any)

For instructions on how to join the public hearing via Webex, please refer to the following links:
1. https://edocs.deq.nc.gov/AirQuality/DocView.aspx?id=400651&dbid=0&repo=AirQuality&searchid=47aeab00-6fa5-432e-920a-964434eab696

2. https://www.webex.com/test-meeting.html

For technical difficulties, the following automated voicemail has been set up to receive your verbal comments: 919-707-8403.

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.

Questions or comments on the material above can be sent to Rule Development Branch Supervisor.