Department of Environmental Quality January 14, 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: Necessary with substantive public interest Necessary without substantive public interest Unnecessary 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The 2A .0100 rules are entitled, “Organization of Environmental Management Commission”. 2A .0104 – Structure Repealed in 1988. 2A .0105 – Delegations of Authority [Necessary without substantive public interest] The delegations are all to the Secretary who functions as staff to the EMC, and subdelegates as necessary or convenience. 2A .0106, and .0108, rules authorizing subdelegation, were repealed in 1988. 2A .0107 – Creation of the NPDES Committee [Necessary without substantive public interest] The composition (and necessity) of the NPDES Committee is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. Since this rule implements federal regulation, it does not expire.

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 - Filled in by Agency 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 Select One 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