Department of Environmental Quality July 13, 2016 Department of Environmental Quality

Periodic Review of Existing Rules S.L. 2013-413/H74 Codified G.S. 150B-21.3A, mandates all agencies to conduct a review of the agency’s existing rules at least once every 10 years. The EMC was required to readopt or repeal all existing rules, including the rules in Section .0100 of Subchapter 2A of Title 15A of the NC Administrative Code. Department of Environmental Quality

First step in the process is categorization and public comment: Necessary with substantive public interest Necessary without substantive public interest Unnecessary Held comment period: January 29 – April 8, 2016 Received no comments Proceed to EMC in September Department of Environmental Quality

Department of Environmental Quality G.S. 150B-21.3A Report for 15A NCAC 02A, ORGANIZATION OF ENVIRONMENTAL MANAGEMENT COMMISSION Agency - Environmental Management Commission Comment Period - January 29, 2016- April 8, 2016 Date Submitted to APO - Filled in by RRC staff Rule Citation Rule Name Date and Last Agency Action on the Rule Agency Determination [150B-21.3A(c)(1)a] Implements or Conforms to Federal Regulation [150B-21.3A(e)] Federal Regulation Citation Public Comment Received [150B-21.3A(c)(1)] Agency Determination Following Public Comment [150B-21.3A(c)(1)] 15A NCAC 02A .0101 NAME Eff. February 1, 1976 Unnecessary No 15A NCAC 02A .0102 DEFINITIONS Amended Eff. December 15, 1978 Necessary without substantive public interest 15A NCAC 02A .0103 GENERAL DUTIES AND POWERS Amended Eff. July 1, 1988 15A NCAC 02A .0105 DELEGATIONS OF AUTHORITY Amended Eff. March 1, 1993 15A NCAC 02A .0107 CREATION OF N.P.D.E.S. COMMITTEE Amended Eff. October 1, 1988 Yes If yes, include the citation to the federal law 40 CFR 123.25 ( c ) Department of Environmental Quality

The 2A .0100 rules are entitled, “Organization of Environmental Management Commission”. 2A .0101 – Name [Unnecessary] Staff decided this was unnecessary because it provided nothing of substance except an address, which is provided elsewhere. 2A .0102 – Definitions [Necessary without substantive public interest] Definitions are important, but these are non-controversial, “Commission,” “Secretary,” “Division,” “Director,” and “State.” 2A .0103 – General Duties and Powers [Unnecessary] These powers and duties are set by statute. The rule simply restated where in the statutes the powers and duties were delegated. Department of Environmental Quality

The 2A .0100 rules are entitled, “Organization of Environmental Management Commission”. 2A .0104 – Structure Repealed in 1988. 2A .0105 – Delegations of Authority [Necessary without substantive public interest] The delegations are all to the Secretary who functions as staff to the EMC, and subdelegates as necessary or convenience. 2A .0106, and .0108, rules authorizing subdelegation, were repealed in 1988. 2A .0107 – Creation of the NPDES Committee [Necessary without substantive public interest] The composition (and necessity) of the NPDES Committee is dictated by EPA rule, and is required for NPDES program approval.

Second step in the process is Rules Review Commission (RRC) review: RRC reviews the comments received for rules placed in the necessary without substantive public interest and unnecessary categories. RRC makes final decision. RRC submits report to Joint Legislative Administrative Procedures Oversight Committee (APO). RRC review – December 15, 2016 Department of Environmental Quality

Third step is APO consultation: If APO does not meet within 60 days for a consultation then final determinations will become effective on the 61st day from submission. If the APO does meet then the determinations will become effective on the day they consulted. If APO disagrees with a determination in the report, the APO may recommend that the General Assembly direct the agency to conduct a review of specific rule in the following year. If APO does not meet within 60 days for a consultation then the determinations will become effective on the 61st day from submission. Typically, the APO does not meet when the General Assembly is in session. But if they do meet, the determinations will become effective on the day they reviewed it. If the APO disagrees with a determination in the report, they may recommend that the General Assembly direct the agency to conduct a review of specific rule in the following year. Department of Environmental Quality

Periodic Review and Expiration of Existing Rules Final Determinations and Next Steps: Necessary with Substantive Public Interest = Rules get readopted Necessary without Substantive Public Interest = Rules remain in the Code Unnecessary Rules = expire So what does this all mean? Rules that were classified as necessary with substantive public interest have to be readopted. Readoption is just a fancy word for rulemaking. So those rules will have to go through the permanent rulemaking process with either proposed changes or without proposed changes. Rules that were classified as necessary without substantive public interest will just remain in the Administrative Code as is and we don’t have to do anything with them. Unnecessary rules will come out of the Code as if they had been repealed. As you may recall your 7B rules went through this process last year. And up next will be all of the rest of your rules which are scheduled for the January 2018 RRC meeting. Also, the 7O rules, the Coastal Reserve rules are due next year and that while they are Departmental rules, it is my understanding that they will come before you for recommendations at your July meeting. Department of Environmental Quality

Jennifer Everett DEQ Rulemaking Coordinator 919-707-8614 Questions? Jennifer Everett DEQ Rulemaking Coordinator 919-707-8614 If APO does not meet within 60 days for a consultation then the determinations will become effective on the 61st day from submission. Typically, the APO does not meet when the General Assembly is in session. But if they do meet, the determinations will become effective on the day they reviewed it. If the APO disagrees with a determination in the report, they may recommend that the General Assembly direct the agency to conduct a review of specific rule in the following year. Department of Environmental Quality