Proposed Rules and the Periodic Review of Existing Rules
The Environmental Management Commission oversees and adopts rules for several divisions of the Department of Environmental Quality, including the Divisions of Air Quality, Energy, Mineral, and Land Resources, Waste Management, Mitigation Services and Water Resources. Proposed rules information posted here and on DEQ Proposed Rules include 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
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: 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 .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
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.
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.
EMC 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. The Department of Environmental Quality's rules are located by subchapters in Title 15A of the NC Administrative Code. Information on the EMC’s Periodic Review of Existing Rules, as well as other Department rules reviews, is available on the Rules Review page.