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
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.
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.
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
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.
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