Proposed Rules and the Periodic Review of Existing Rules

Note: the comment period for this rulemaking has been extended to December 31, 2025.

Purpose: To receive comments on the proposed adoption of 15A NCAC 02Q .0114, Activities Allowed Prior to Permit Issuance, and amendments to 15A NCAC 02Q .0501, Purpose of Section and Requirement for a Permit, and 15A NCAC 02Q, .0507, Application. Also, to receive comment on the accompanying regulatory impact analysis (RIA) for the proposed rule actions.

The adoption of 15A NCAC 02Q .0114 and amendments to 15A NCAC 02Q .0501 and .0507 are proposed in response to changes in the pre-permitting construction provisions reflected in Session Law (S.L.) 2023-134, Section 12.11(e)-(g). This law was part of the 2023 Appropriations Act for North Carolina passed in October 2023 and amended with technical corrections in S.L. 2024-1, Section 4.13.

The existing statute includes provisions specifying activities that may be undertaken prior to securing an air quality permit required under G.S. 143-215.108. Those activities are listed in G.S. 143-215.108A(b)(1)-(4) and include (1) Clearing and grading; (2) Construction of access roads, driveways, and parking lots; (3) Construction and installation of underground pipe work, including water, sewer, electric, and telecommunications utilities; and (4) Construction of ancillary structures, including fences and office buildings, that are not a necessary component of an air contaminant source, equipment, or associated air cleaning device for which a permit is required under G.S. 143-215.108. S.L. 2023-134, Section 12.11(e) changes North Carolina’s air permitting procedures by revising G.S. 143-215.108A to allow the construction, but not operation, of sources prior to receipt of an air permit, upon determination that an administratively complete application has been submitted to the DAQ.

As specified in S.L. 2023-134, Section 12.11(f) and (g), the new pre-permitting construction provisions do not become effective until the first day of a month that is 60 days after the Secretary of the DEQ certifies to the Revisor of Statutes that the U.S. Environmental Protection Agency (EPA) has approved the revised rules into the North Carolina State Implementation Plan (SIP).

Attachments:
Public Notice Announcement
Proposed Rules
Regulatory Impact Analysis

Public Hearing: December 2, 2025, at 6:00pm at the DEQ Green Square Office Building, 1st Floor Training Room (#1210), 217 West Jones Street, Raleigh, NC 27603; or online via Cisco Webex using the Digital Hearing Access Link for this public hearing. 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: 2437 902 8679

*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 2, 2025. To register, please complete the Speaker Registration Form.

*For instructions on ways to join the public hearing, please refer to DEQ's How to Attend a WebEx Meeting webpage.
*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: October 15, 2025, - December 31, 2025 (please note that this is an extension from the original comment period closing date of Monday, December 15, 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 "Pre-permitting Construction Rules" in the subject line)
 

More information regarding the hearing and how to submit comments can be found on the DAQ's Rules in the Hearing Process webpage and the DEQ's Proposed Rules Library webpage.

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 rules cited as 15A NCAC 02B .0219, and .0226. 

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
Members of the public may attend in-person or join the meeting by computer or phone.  
Date: June 26, 2025
Time: 6 p.m. Sign-in and speaker registration will begin at 5:30 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 
WebEx Link to Join the Hearing
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 use the following link: Register using the online form.
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 visit the How to Attend a WebEx Meeting webpage.

Check out DEQ's website pursuant to G.S. 150B-19.1(c).

Notice is given that the Environmental Management Commission is proposing to amend to 15A NCAC 02H .0804. 

Regulatory Impact Analysis
Text of amendment

Reason for proposed rule amendment: The scope of Parameter Methods for which the Wastewater/Groundwater Laboratory Certification Branch (WW/GW LCB) may offer certification is limited to those Parameters listed in Rule 15A NCAC 02H .0804. Amending the Rule as proposed to add Total Nitrogen and Pharmaceutical Pollutants will enable commercial and state laboratories that provide analytical services to request certification for these two Parameters. In addition, it will enable permittees to report certified data in compliance with existing regulatory requirements.

Comment on the proposed rule: Comments will be accepted on the amendment until Sept. 30. The person to whom written comments may be submitted on the proposed rule(s):

Name: Laboratory Certification Branch Manager
Address:  1623 Mail Service Center Raleigh, NC 27699-1623
E-Mail (optional): DEQ.WR.CertificationRuleComments@deq.nc.gov

In addition to receiving written comments, the public may submit verbal comments at a public hearing.

Public Hearing 
When: 6 p.m., September 25, 2025
Where: Ground Floor Hearing room in the Archdale Bldg.,  512 North Salisbury Street, Raleigh, NC, 27603

In accordance with G.S. 150B-21.2, notice is hereby given that the Environmental Management Commission is proposing to amend 15A NCAC 02B .0206 and 15A NCAC 02H .0107.  

Text of Proposed Amendments
Regulatory Impact Analysis

Reason for proposed amendments: The Environmental Management Commission (EMC) and Department of Environmental Quality (DEQ), Division of Water Resources (DWR), have the responsibility to implement and enforce provisions of the federal Clean Water Act and have delegated permitting authority to implement the National Pollutant Discharge Elimination System (NPDES) Program. The rule amendments are outlined in Session Law (SL) 2024-44 (s. 5.1) to allow domestic wastewater discharges to zero flow streams, which will align North Carolina with neighboring states. By providing an additional permitting option, this may provide additional opportunities for growth in these areas where the cost of piping to a higher flowing stream farther away was prohibitive. The Session Law also requires the EMC to adopt rules incorporating the amendments.

The EMC extended the comment period for the proposed amendments due to the passage of SL 2025-94 s. 23.(a), which modified SL 2024-44 s. 5.1(d).  The modifications to SL 2024-44 s. 5.1(d) include:

• SL 2024-44 s. 5.1.(d) required the Department of Environmental Quality (DEQ) and the EMC to develop and submit to the U.S. Environmental Protection Agency (EPA) a draft rule for approval no later than August 1, 2024.  SL 2025-94 s. 23.(a) changes this requirement to require EPA input instead of approval.
• SL 2024-44 s. 5.1.(d) required the EMC to initiate rulemaking within 20 days of receiving EPA approval on the draft rule.  SL 2025-94 s. 23.(a) changes this requirement to 60 days from when EPA notifies the State that rules must be adopted prior to submitting for EPA approval.  
• SL 2024-44 s. 5.1.(d) outlines the language for the draft rule to be submitted to EPA.  SL 2025-94 s. 23.(a) revised some of the text in the draft rule that was required to be submitted to EPA by August 1, 2024.  

The proposed amendments were originally published in the NC Register on September 15, 2025, and republished in the NC Register on October 15, 2025.  

Comments: Public comments on the rules and associated Regulatory Impact Analysis will be accepted between September 15, 2025 and December 15, 2025.  Comments may be submitted to: Karen Higgins, DEQ-DWR Planning Section, 1611 Mail Service Center, Raleigh, NC 27699-1611, or by email to publiccomments@deq.nc.gov.    

Public Hearing
Date: November 5, 2025
Time: 3:30 p.m. Speaker registration and sign-in will begin at 3:00 p.m.
Location: Ground Floor Hearing Room, Archdale Building, 512 N. Salisbury St., Raleigh, NC 27604.