DEQ Proposed Rules
This library of proposed rules below includes 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
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
Note: the comment period closing date 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 General Statute (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 Division of Air Quality (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: Tuesday, December 2, 2025, 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 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
Public Comment Period: 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)
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
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.
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.
Notice is hereby given in accordance with 150B-21.3(c)(2)g. that the Coastal Resources Commission intends to readopt with substantive changes the rule cited as 15A NCAC 07B .0702 and readopt without substantive changes the rules cited as 15A NCAC 07B .0601, .0701, and .0801-.0804.
This subchapter establishes the rules that local governments shall follow in developing and adopting a land use plan or comprehensive plan that meets the Coastal Resources Commission's planning requirements.
Public Comment Period: January 15 - March 16, 2026
Public Hearing: February 25, 2026 4:30 p.m., Dunes Club, 710 E. Fort Macon Road, Atlantic Beach
Comments may be submitted to Tancred Miller, 400 Commerce Ave., Morehead City, 28557 or CRCrulemaking@deq.nc.gov