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.