Periodic Review and Expiration of Existing Rules
This document outlines the process for the periodic review and expiration of existing rules under the Regulatory Reform Act, including the steps involved, public consultation periods, agency determinations, and the final impact of classification. It specifically focuses on the Division of Air Quality rules, detailing how rules are classified and reviewed for necessity and public interest before expiration or readoption.
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Periodic Review and Expiration of Existing Rules per Regulatory Reform Act (S.L. 2013-413) Joelle Burleson Planning Section, Rules Development Branch Division of Air Quality
Review Process 3 Steps Step 1 [G.S. 150B-21.3A(c)(1)]- Agency determination Initial determination of classification 60 day public comment period Step 2 [G.S. 150B-21.3A(c)(2)]- Rules Review Commission (RRC) review Reviews agency s report Makes final determination regarding classification Step 3 [G.S. 150B-21.3A(c)(3)]- Administrative Procedure Oversight (APO) Committee consultation 60 day opportunity to review final determination before it becomes effective
Step 1-Agency Determination Initial Classification as: Necessary with substantive public interest Necessary without substantive public interest Unnecessary
Step 1 Continued Public Comment For at least 60 days Comments on determination and rules Comments submitted on the web (http://rulesreview.ncdenr.gov/) Agency reviews and responds in report Agency submits report to RRC Initial determination All comments received Response to comments
Steps 2 and 3 Step 2 - RRC review Reviews report and public comments to determine if rule has been classified correctly Submits final determination report to APO Committee Step 3 - APO consultation Final determination does not become effective until APO consultation concludes Have 60 days to review
Effect of Final Classification Unnecessary Rule will expire and be removed from code following APO finalization of report Necessary without substantive public interest Rule will remain in effect without further action Necessary with substantive public interest Rule shall be readopted as if it was new in accordance with APA
Air Quality Rules 365 Air Quality Rules 15A NCAC 02D, Air Pollution Control Requirements (268 rules) 15A NCAC 02Q, Air Quality Permits Procedures (97 rules) Subchapters interrelated Most rules are classified as Necessary with substantive public interest Majority of Rules are federally required/approved under Clean Air Act (CAA) authorities (CAA Section 110 state implementation plan (SIP), Section 111d emissions guidelines, Title V and others) Identification that rule is federally required does not necessarily preclude repeal as part of re-adoption process if warranted; however, a demonstration to EPA may be required. (e.g., 110(l) demonstration of non-interference with attainment or maintenance of a National Ambient Air Quality Standard (NAAQS))
15A NCAC 02D and 02Q Summary Necessary with Substantive Public Interest Necessary without Substantive Public Interest Unnecessary Total 15A NCAC 02D 232 4 32 268 15A NCAC 02Q 90 0 7 97 Total 322 4 39 365
Unnecessary Rules Rules in process of being repealed (12) 15A NCAC 02D .0800, Complex Sources (5 rules) - already in process of being repealed 15A NCAC 02Q .0600, Transportation Facility Procedures (7 rules) - already in process of being repealed
Unnecessary Rules, contd 15A NCAC 02D .1600 General Conformity 3 rules Requirement for states to have in rules made optional in 15A NCAC 02D .2400 Clean Air Interstate (CAIR)Rules 13 rules Cross State Air Pollution Rule (CSAPR) stay lifted, CAIR will be phasing out 15A NCAC 02D .2500 Clean Air Mercury Rules (CAMR) 11 rules Courts previously determined developed under inappropriate CAA authority and overturned rules (rules replaced by Mercury and Air Toxics Standards (MATS))
Rules Without Substantive Interest 15A NCAC 02D .0103, Copies of Referenced Federal Regulations 15A NCAC 02D .0104, Incorporation by Reference 15A NCAC 02D .0105, Mailing List 15A NCAC 02D .1905, Regional Office Locations
Next Steps Determinations approved by AQC Jan 2015 Seeking approval from EMC - March 2015 Public Comment Period- mid-March to mid-May 2015 Report to AQC - July 2015 Report to EMC for final approval - September 2015 Report Due to RRC - By November 15, 2015 RRC Reviews Report December 17, 2015 Final Determination Effective after APO consultation- Beginning of 2016 Schedule for Rulemaking to re-adopt rules in accordance with APA developed with RRC staff and re-adoption process begins
Request Approval to Proceed to EMC with request to Proceed to Public Comment with Rules Review of Subchapters 02D and 02Q in accordance with S.L. 2013-413 and to return to the AQC in July and EMC in September for approval of the Final Report to the RRC
Contact Information Joelle Burleson Rules Development Branch Supervisor Planning Section, Division of Air Quality, DENR joelle.burleson@ncdenr.gov
