DEQ Proposed Rules

Purpose: To receive comments on the proposed rule revisions to 15A NCAC 02D .0401 pursuant to the Petition for Rulemaking and separately for the proposed readoption of 15A NCAC 02D .0401 and the repeal through readoption of 15A NCAC 02D .0402 through .0410, as well as the regulatory impact analysis (RIA) that encompasses both actions. These are referred to as the “Group 0” rules.  

North Carolina General Statute (N.C.G.S.) §150B-21.3A, which was adopted in 2013, requires state agencies to review existing rules every 10 years. Similar to the first process for readopting the air quality rules, which took place from 2015 through 2020, the Division has grouped the 313 air quality rules requiring readoption into groups that will proceed through the readoption process in a phased approach.  

Group 0 consists of rules within 15A NCAC 02D, Section .0400. These rules were originally a part of the Group 1 rules but were moved to their own group due to the Environmental Management Commission (EMC) and DAQ receiving a Petition for Rulemaking from Earth & Water Law, LLC on April 13, 2026. The petition requested that the EMC revise Section 02D .0400 to incorporate the National Ambient Air Quality Standards (NAAQS) in Title 40 of the Code of Federal Regulations (40 CFR) Part 50 by reference rather than listing each numerical standard directly in the rule text. The rulemaking petition was determined to satisfy the completeness criteria of 15A NCAC 02I .0501(b), and the EMC subsequently considered and voted to grant the petition during its May 14, 2026, meeting, which initiated rulemaking proceedings in accordance with G.S. 150B-20. With the petition granted by the EMC, the DAQ reorganized the tentative readoption groupings such that the 02D .0400 rules are now in a separate group referred to as Group 0.  

As required by the completeness criteria of 15A NCAC 02I .0501(b)(1), the petitioner provided proposed rule text for Rule 02D .0401, revising paragraph (a) to state that “The purpose of this Section is to adopt by reference the National Ambient Air Quality Standards in 40 CFR Part 50, including subsequent amendments and editions, for the preservation and enhancement of the quality of the State's air resources.” The petitioner further proposed adding a new paragraph to Rule 02D .0401 specifying that Rules 02D .0402 through .0410 are repealed, but the petition did not contain any text of Rules 02D .0402 through .0410 with strikethrough formatting, per the Administrative Rulemaking Style Guide. Therefore, the DAQ is proposing to repeal these rules through the readoption process as Group 0.  The draft text of Rule 02D .0401 as submitted by the petitioner is shown in the attachment labeled as “Group 0 Draft Rules – Petitioner’s Text”.

As discussed during the May 14, 2026, EMC meeting, some adjustments to the petitioner’s rule text are needed to accomplish the stated purpose of incorporating the federal NAAQS by reference and repealing North Carolina’s individual ambient standard rules in 02D .0402 through .0410.​ Therefore, the DAQ intends to seek adjustment of the rule text after the public comment process so that it successfully achieves the stated intent of the rulemaking petition and complies with the Administrative Rulemaking Style Guide.​ While the specific language of Rule 02D .0401 would be changed, the objective of the rulemaking would remain the same as stated by the petitioner, and these modifications would not affect the expected outcomes or impacts of the rulemaking and are not anticipated to constitute a substantial change under G.S. 150B-21.2(g). Following the comment period, the EMC is ultimately seeking to adopt rule text similar to that shown in the attachment labeled as “Group 0 Draft Rules – Alternate Text”.

An RIA for Group 0 was developed for the Office of State Budget and Management (OSBM) and approved on June 25, 2026. The RIA discussed how incorporation of the NAAQS by reference would result in savings to the State, since the DAQ and EMC would not need to undertake a new rulemaking each time the federal NAAQS are revised by the EPA. The analysis concluded that a rulemaking of this nature results in an estimated $78,260 in labor costs (undiscounted 2026$) for an engineer and supervisor to conduct each 02D .0400 rulemaking following a change to the federal NAAQS.​ These savings can be seen as opportunity cost savings or avoided labor costs to state government from avoiding future  rulemakings of this nature each time the NAAQS are updated. The three local government air agencies in North Carolina are expected to realize similar savings in avoided labor costs if they update their respective rules accordingly. The proposed rule actions are not expected to result in costs or savings for the private sector or any impacts to the environment or public health. 

Additional background information is available in the public notice announcement attached below.

Attachments:
Public Notice Announcement
Proposed Rules: Group 0 Draft Rules - Petitioner's Text
Group 0 Draft Rules - Alternate Text
Regulatory Impact Analysis

Public Hearing: December 1, 2026, 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: 2422 476 9276

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 27, 2026. 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, 2026, - December 14, 2026 

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 "NAAQS Petition and Group 0" 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 EMC Proposed Rules webpage.

Purpose: To receive comments on the proposed readoption of air quality rules in 15A NCAC 02D .0100, .0200, .0300, .2000, and .2200 and the associated regulatory impact analysis (RIA). These are referred to as the “Group 1” rules. 

Additional background information is available in the public notice announcement attached below.

Attachments:
Public Notice Announcement
Proposed Rules
Regulatory Impact Analysis

Public Hearing: December 1, 2026, 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: 2422 476 9276

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 27, 2026. 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, 2026, - December 14, 2026 

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 "Group 1" 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 EMC Proposed Rules webpage.

Notice is hereby given in accordance with G.S. 150B-21.3A(c)(2)g that the Environmental Management Commission (EMC) intends to readopt with substantive changes the rules cited as 15A NCAC 02S .0102, .0103, .0202, .0301, .0501, .0504, .0505, .0506, .0508, and .0509, readopt without substantive changes the rules cited as 15A NCAC 02S .0101, .0201, .0502, and .0503, and repeal through readoption the rules cited as 15A NCAC 02S .0302 and .0507.

Reason for Proposed Action: Existing rules are required to be reviewed every 10 years in accordance with G.S. 150B-21.3A. The agency is proposing the repeal through readoption of Rules .0302 and .0507 as they have not been used in the history of the program and/or are redundant with other requirements. The agency is also proposing amendments concurrently with readoption for technical corrections, clarification, and consistency, and to adjust the minimum capacity of spill containment pans to be consistent with current pan sizes. 

Comments may be submitted to: DEQ-DWM, Attn: Delonda Alexander, 1646 Mail Service Center, Raleigh, NC 27699-1646; Email: dwm.publiccomments@deq.nc.gov

Comment Period: September 1 - November 2, 2026

Proposed Effective Date: March 1, 2027

Notice and Proposed Rule Text

Regulatory Impact Analysis

Public Hearing

Members of the public may attend in-person or join the meeting virtually.

Date: September 22, 2026

Time: 5:30 p.m.

Location: Central Pines Regional Council (TJCOG), 4307 Emperor Blvd, Durham, NC 27703, Suite 130, or by virtual webinar as follows:

Online Instructions for Virtual Attendance/Speaking at Public Hearing

WebEx Link to Join the Hearing

Password: NCDEQ1

WebEx Access Code: 2429 234 6205 (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: 2429 234 6205, Password: 623371

If you wish to provide a verbal comment remotely at the public hearing, you must register beforehand. Registration must be completed by noon on September 21, 2026. To register to attend or speak at the hearing, 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.

§150B-21.3A requires periodic review and readoption of all the rules used by state agencies on at least a 10-year basis. The N.C. Environmental Management Commission has directed the State Dam Safety Program to implement the administrative process necessary for the review of the rules in Title 15A, Chapter 02 of the North Carolina Administrative Code.

The proposed rule changes are designed not only to satisfy the readoption requirement, but also to update references and terminology and to revise requirements in line with current practices and technological advancements. These updates will help ensure the rules remain accurate, relevant, and effective. 

Proposed Rules

Regulatory impact Analysis

Public Comment Period: Aug. 17-Oct. 16, 2026

Public Hearings: 

Written comments may be submitted to DamSafety@deq.nc.gov (Please type “Dam Safety Rules” in the subject line) or by mail to Jordan Pappas, State Dam Safety Engineer, 1612 Mail Service Center, Raleigh, NC 27699-1612 

Session Law (SL 2025-94) passed by the NC General Assembly requires amendments to 15A NCAC 18C .1303. The Public Water Supply Section within the Department of Environmental Quality hereby proposes modifications to Rule 18C .1303 to revise the oversight requirements applicable to supplemental treatment facilities. Per language provided in SL 2025-94 Section 25, the frequency of oversight visits required for these types of facilities may be reduced from weekly to once per month, provided the facility feeds only disinfectant and meets other technical criteria related to process automation and real-time data access, as specified in 18C .1303, Paragraph (e). The water system must also remain in compliance with all other provisions of 18C to be eligible for reduced oversight.

Proposed Rules

Regulatory impact Analysis

Public Comment Period: July 1-Aug. 31, 2026

Public Hearing: Aug. 6, 2026, 1 p.m., Ground Floor Hearing Room, Archdale Building, Raleigh 27514

Comments may be submitted to Ava Fierst, NC Division of Water Resources, Public Water Supply Section, 1634 Mail Service Center, Raleigh, NC 27699 or ava.fierst@deq.nc.gov 

The North Carolina Mining Commission will hold a public hearing on Nov. 18, 2025, to hear public comment on proposed rule changes to Subchapters 05A, 05B, 05F and 05G of the Mining Act Rules, codified in 15A NCAC Chapter 05.

Attendance at the hearing can be in person at the Archdale Building in Raleigh or online. The hearing is part of a public comment period that will run through Dec. 15, 2025, on the proposed rule revisions.

The Mining Act is written to provide a framework to provide protection of the environment.

The Act gave the NC Mining Commission authority to adopt rules that provide more details about how that framework should be used to achieve full implementation of the Mining Act.

Public Hearing Details 
When: 6 p.m., Tuesday, Nov. 18, 2025 
Where: Ground Floor Hearing Room, Archdale Building, 512 N. Salisbury St., Raleigh, N.C., 27604 
Online: Webex

• Meeting ID: 2434 615 3140
  • Password: MRC_1118_Attend
• Join by phone: +1-415-655-0003 US Toll
  • Access ID: 2434 615 3140
  • Passcode: 67201119

In-person sign-in and speaker registration will begin at 5:30 p.m.

If you wish to provide public comments at the public hearing via Webex, you must register, provide the required information, and follow instructions on ways to join the public hearing.

Registration must be completed by 5 p.m. on November 17, 2025. To register, please complete the online registration form.

For instructions on how to join the public hearing, please visit the How to Attend a Webex Meeting page on the DEQ website.

The Mining Commission has directed the staff of the Division of Energy, Mineral and Land Resources to implement the administrative process necessary for the review of the rules in Title 15A, Chapter 05 of the North Carolina Administrative Code on at least a 10-year basis.

The proposed rule changes are designed not only to satisfy the readoption requirement, but also to update references and terminology and to revise requirements in line with current practices and technological advancements.

These updates will help ensure the rules remain accurate, relevant, and effective.

In addition to speaking at the hearing, the public can also submit comments by mail or email. Written comments must be received by DEMLR by Dec. 15, 2025.

Please send written comments to Dwain Veach, 1612  Mail Service Center, Raleigh, NC 27699-1611, or by email to dwain.veach@deq.nc.gov (Please type “Mining Rules” in subject line).

Proposed Rule Amendment 
Associated Impact Analysis
Notice of Text 

Purpose: To receive comments on the proposed amendments to 15A NCAC 02Q .0807, Emergency Generators, and the accompanying regulatory impact analysis (RIA) for the proposed revisions.

The rules in 15A NCAC 02Q .0800, Exclusionary Rules, define categories of facilities that are excluded from the requirements of 15A NCAC 02D .0500, Title V Procedures, 15A NCAC 02D .1111, Maximum Achievable Control Technology, or 40 CFR Part 63, National Emission Standards for Hazardous Air Pollutants, by redefining their potential emissions as actual emissions, thus allowing qualifying facilities to remain a minor source when complying with the criteria established in the applicable Exclusionary Rule. This exclusion applies if the emission sources covered in the applicable Exclusionary Rule are the only sources of emissions located at a facility and their facility-wide actual emissions are less than 100 tons per year of any criteria air pollutant, 10 tons per year of any individual hazardous air pollutant (HAP), and 25 tons per year of all HAPs combined, as determined by criteria set out in each individual 02Q .0800 source category rule. The rules in 15A NCAC 02Q .0900, Permit Exemptions, define categories of facilities or sources that are exempt from the requirements of 15A NCAC 02Q .0300, Construction and Operation Permits, (i.e., minor source permitting). However, prior to utilizing a 02Q .0900 Rule to become exempt from minor source permitting, a facility must first be exempt from Title V permitting, either by being a true minor source (i.e., the facility’s potential emissions are less than major source thresholds without needing any enforceable limitation on operations), or pursuant to one of the Exclusionary Rules in 02Q .0800.

While emergency generators are allowed to be excluded from Title V permitting requirements in 15A NCAC 02Q .0807, Emergency Generators, using their actual annual emissions instead of potential emissions, non-emergency stationary reciprocating internal combustion engines (RICE) are not covered under any of the 02Q .0800 Exclusionary Rules. As a result, technically many non-emergency stationary RICE cannot be exempt from minor source permitting as intended in 15A NCAC 02Q .0903, Emergency Generators and Stationary Reciprocating Internal Combustion Engines, because these sources may have potential emissions exceeding major source thresholds (when calculated on the assumption that these engines are operated at their maximum design capacity for 8,760 hours per year). 

Rule 02Q .0807 is proposed for amendment to add provisions for non-emergency stationary RICE to this Title V Exclusionary Rule that currently only covers emergency generators. This addition will allow these engines to redefine their potential emissions as actual emissions using their actual fuel usage. Additionally, the proposed amendments would replace the hard-wired fuel throughput limits with a more customizable approach that allows facilities to demonstrate to the DAQ that their actual emissions are below major source thresholds, using the actual annual fuel usage, hours of operation, and the most appropriate emission factor for each engine. Facilities utilizing the proposed amended rule will be required to make this demonstration and receive concurrence from the DAQ prior to being exempt from Title V permitting. Additionally, facilities covered by this rule will be required to submit reports to the DAQ demonstrating compliance with the Rule. These reports will be required on an annual basis for facilities with emissions less than 75% of each of the major source thresholds and on a quarterly basis for facilities with emissions that exceed 75% of these thresholds.

Additional background information is available in the public notice announcement attached below.

Attachments:
Public Notice Announcement
Proposed Rules
Regulatory Impact Analysis

Public Hearing: August 27, 2026, 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-PH

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: 2427 672 2370

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 27, 2026. 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: July 1, 2026, - August 31, 2026 

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 "Non-Emergency RICE" 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 EMC's Proposed Rules webpage. 

Click here for information in support of proposed rules in the 2026-2027 Package

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
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.
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 complete the Public Hearing Registration 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 step-by-step directions on joining the hearing, please visit the How to Attend a WebEx Meeting page.

View the DEQ's Proposed Rules and the Periodic Review of Existing Rules website pursuant to G.S. 150B-19.1(c).

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 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.

In accordance with G.S. 150B-21.2, notice is hereby given that the Environmental Management Commission (EMC) is proposing to adopt PFOS, PFOA and GenX Monitoring and Minimization Rules 15A NCAC 02B .0512 and 15A NCAC 02H .0923.

Text of Proposed Rules
Regulatory Impact Analysis

Public Hearings:  The public is invited to attend the public hearings to provide oral and/or written comments on the proposed rule adoptions, the associated Regulatory Impact Analysis, and on the two topics listed below.

Date: April 7, 2026
Time: 6:00 p.m.  
Location: AB-Tech Community College, Ferguson Auditorium, 19 Tech Drive, Asheville, NC 28801    

Date: April 20, 2026
Time: 6:00 p.m.
Location: Archdale Building, Ground Floor Hearing Room, 512 N. Salisbury Street, Raleigh, NC 27604

Date: April 23, 2026
Time: 6:00 p.m.
Location: Wilmington City Hall at Skyline Center, 1st Floor Conference Center, 929 North Front Street, Wilmington, 28401

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 (e.g., three minutes) for each speaker to allow everyone an opportunity to be heard.  Written comments and copies of prepared remarks will be accepted at each hearing.

Reason for proposed adoption: These rules are proposed for adoption in order to achieve two key objectives.  First, to characterize the presence of PFOS, PFOA, and Gen X in discharges from PFOS, PFOA, and Gen X industrial NPDES dischargers and their associated indirect dischargers (i.e., SIUs going to POTWs with pretreatment programs).  Second, to require affected entities (subset of industrial direct dischargers and SIUs) to develop minimization plans that identifies approaches to reduce PFOS, PFOA, and Gen X discharges directly or indirectly to surface waters.

Comments: Public comments will be accepted on these proposed rule adoptions and the Regulatory Impact Analysis associated with these rule adoptions. The EMC is also soliciting public comments on:

• Whether it would be scientifically defensible and advisable to establish a screening threshold above the lowest reporting concentration for PFOS, PFOA, and Gen X that could serve as a trigger for ongoing monitoring and minimization requirements; 
• Whether the applicability of the PFAS monitoring and minimization rule should be limited to industrial dischargers associated with SIC or NAICS codes known to be linked to PFAS use or discharge; and
• Whether to require all entities subject to proposed rules 15A NCAC 02B .0512 and 15A NCAC 02H .0923 to submit all analytical results for all PFAS chemicals analyzed according to EPA Test Method 1633A to DEQ.  

Written comments may be submitted to: publiccomments@deq.nc.gov or by mail to Karen Preston, DEQ-DWR NPDES Permitting Section, 1617 Mail Service Center, Raleigh, NC 27699-1617.

Comment Period: Public comments on the proposed rule adoptions, the associated Regulatory Impact Analysis, and on the two topics listed above will be accepted between March 16 and June 15, 2026.

In accordance with G.S. 150B-21.2, notice is hereby given that the Environmental Management Commission (EMC) is proposing to adopt 1,4-dioxane Monitoring and Minimization Rules 15A NCAC 02B .0513 and 15A NCAC 02H .0924.

Text of Proposed Rules
Regulatory Impact Analysis

Public Hearings: The public is invited to attend the public hearings to provide oral and/or written comments on the proposed rule adoptions, the associated Regulatory Impact Analysis, and on the two topics listed below.

Date: April 9, 2026
Time: 6:00 p.m.
Location: Catawba County St. Stephens Branch Library, 3225 Springs Road, Hickory, NC 28601*

Date: April 14, 2026
Time: 6:00 p.m.
Location: Fayetteville Technical Community College, Tony Rand Student Center Multipurpose Room, 2220 Hull Rd. Fayetteville, N.C., 28303

Date: May 12, 2026
Time: 6:00 p.m.
Location: Guilford Technical Community College, Percy H. Sears Applied Technologies Building Auditorium, 1201 Bonner Dr., Jamestown, NC 27282

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 (e.g., three minutes) for each speaker to allow everyone an opportunity to be heard.  Written comments and copies of prepared remarks will be accepted at each hearing.

* Please note, the program on April 9, 2026 is neither sponsored nor endorsed by the Catawba County Library or Catawba County Government.

Reason for proposed adoption: These rules are proposed for adoption in order to achieve two key objectives. First, to monitor for the presence of 1,4-dioxane in discharges from targeted industrial NPDES dischargers and their associated indirect dischargers (i.e., SIUs going to POTWs with pretreatment programs) known to be associated with 1,4-dioxane industry types. Second, to require affected entities (subset of industrial direct dischargers and SIUs) to develop minimization plans that identifies approaches to reduce 1,4-dioxane discharges directly or indirectly to surface water.

Comments: Public comments will be accepted on these proposed rule adoptions and the Regulatory Impact Analysis associated with these rule adoptions. The EMC is also soliciting public comments on:

• Whether a screening threshold above the lowest reported concentration (currently 1 μg/L) for 1,4-dioxane would be appropriate as a trigger for ongoing monitoring and minimization planning; and 
• Whether the applicability of the 1,4-dioxane monitoring and minimization rules should be expanded beyond the currently proposed SIC/NAICS-based scope to include all industrial dischargers.

Written comments may be submitted to: publiccomments@deq.nc.gov or by mail to Bridget Shelton, DEQ-DWR Planning Section, 1611 Mail Service Center, Raleigh, NC 27699-1611

Comment Period: Public comments on the proposed rule adoptions, the associated Regulatory Impact Analysis, and on the two topics listed above will be accepted between March 16 and June 15, 2026.

Regulatory Impact Analysis

Notice of Text

OSBM approved the fiscal analysis of amendments to Rules 15A NCAC 05A, 05B, 05F, 05G (Mining) on September 9, 2025. After publication, and in response to public comments, the fiscal note was reviewed and supplemented with an addendum to more fully describe effects of the changes proposed to the Rules. OSBM has reviewed the addendum and acknowledges that it further clarifies and supplements the original analysis.

09092025 DEQ Regulatory Impact Analysis
04222026 DEQ Regulatory Impact Analysis Addendum 

The CRC proposes changes to its rules to add a definition of man-made ditches, and state that man-made ditches may not be considered public waterways or marshland, or designated as an Area of Environmental Concern. These changes conform the rules to recent amendments to the Coastal Area Management Act and the NC Dredge and Fill Law made by Session Law 2025-48.

15A NCAC 07H .0106 Proposed Amendments

15A NCAC 07H .0205 Proposed Amendments

15A NCAC 07H .0206 Proposed Amendments

15A NCAC 07H .0207 Proposed Amendments

Fiscal Analysis - OSBM Approved

Notice of Text

Public Comment Period: October 1 - November 30, 2026

Public Hearing: October 19, 2026     5:00 p.m.

                         400 Commerce Ave., Morehead City

To submit electronic comments, email crcrulemakingcomments@deq.nc.gov

Or mail written comments to:
NC Division of Coastal Management
Attn: Tancred Miller
400 Commerce Avenue
Morehead City, NC 28557

Rule 07H .0308 defines the use standards for development within the Ocean Hazard Area of Environmental Concern (OHA AEC). Subparagraph (b)(2) identifies temporary erosion control structures as sandbags and provides use standards for these structures within the OHA AEC. The rule further defines the color and dimensions of sandbags allowable under 07H .0308(b)(2)((L). A new subparagraph .0308(b)(2)(O) will differentiate what is allowable for color and dimensions of temporary erosion control structures for the protection of public roadways. This amendment will allow broader color and dimension criteria to the protection of public roadways by the NC Department of Transportation (NCDOT). These changes are needed due to recurring erosion events prompting NCDOT to look at alternative sandbag designs that increasingly require NCDOT to seek variances from the existing rule.

Proposed Amendments

Fiscal Analysis - OSBM Approved

Notice of Text

Public Comment Period: October 1 - November 30, 2026

Public Hearing: October 19, 2026     5:00 p.m.

                         400 Commerce Ave., Morehead City

To submit electronic comments, email crcrulemakingcomments@deq.nc.gov

Or mail written comments to:
NC Division of Coastal Management
Attn: Tancred Miller
400 Commerce Avenue
Morehead City, NC 28557

The CRC is proposing to create a new General permit to allow installation of temporary structures on the beach to collect meteorological data during approaching storms. The CRC proposes these rules to address limitations in existing CAMA permitting procedures, which are not designed to accommodate the rapid, location-uncertain deployment of temporary weather monitoring structures needed to collect time-sensitive data at storm landfall.

15A NCAC 07H .0309 Proposed Amendments

15A NCAC 07H .2801 Proposed Adoption

15A NCAC 07H .2802 Proposed Adoption

15A NCAC 07H .2803 Proposed Adoption

15A NCAC 07H .2804 Proposed Adoption

15A NCAC 07H .2805 Proposed Adoption

Fiscal Analysis - OSBM Approved

Notice of Text

Public Comment Period: October 1 - November 30, 2026

Public Hearing: October 19, 2026     5:00 p.m.

                         400 Commerce Ave., Morehead City

To submit electronic comments, email crcrulemakingcomments@deq.nc.gov

Or mail written comments to:
NC Division of Coastal Management
Attn: Tancred Miller
400 Commerce Avenue
Morehead City, NC 28557