Summary of 2014 Short Session Presented by: Mike Abraczinskas Deputy Director

Changes to Air Quality Legislative Authority and Rules SB 734 Open Burning Prohibition of regulation of residential combustion State – G.S. 143-215.108(j) Local – G.S. 143-215-112(c)(6)

Open Burning rules (prior to SB 734) Open burning of leaves, tree branches, or yard trimmings is allowed if: Material is burned onsite No public pickup available No non-vegetative materials are burned Between 8am – 6pm The burning does not create a nuisance There is no burn ban (NCFS)

Open Burning rules (after SB 734) Open burning of leaves, tree branches, logs, stumps, or yard trimmings is allowed if: Material is burned onsite No public pickup available No non-vegetative materials are burned Between 8am – 6pm The burning does not create a nuisance There is no burn ban (NCFS) The burning of logs or stumps of any size shall not be considered to create a nuisance for purposes of the application of the open burning air quality permitting exception described in this subsection.

Open Burning changes Change the rules No RRC review or approval Follow APA No RRC review or approval Rule changes become effective after legislative review Also… Scrivener’s error in Section 24(b) and 24(d)… internal references didn’t get updated from an earlier edition of the bill.

Prohibition of regulation of residential combustion Similar, but not identical, language inserted into State and Local statutes. State – G.S. 143-215.108(j) Local – G.S. 143-215-112(c)(6)

Prohibition of regulation of residential combustion The underlined language is not in the local air program paragraph 143-215.112(c)(6) G.S. 143-215.108(j) No Power to Regulate Residential Combustion. Nothing in this section shall be interpreted to give the Commission or the Department the power to regulate the emissions from any combustion heater, appliance, or fireplace in private dwellings, except to the extent required by federal law. For purposes of this subsection, "combustion heater, appliance, or fireplace" means any heater, appliance, or fireplace that burns combustion fuels, including, but not limited to, natural or liquefied petroleum gas, fuel oil, kerosene, wood, or coal, for heating, cooking, drying, or decorative purposes.

Fewer Reports SB 734 Section 38(a) & (b) Annual Title V report Clean Smokestacks Act (CSA) reporting Section 10 – Convince others to reduce emissions Section 11 – Beyond CSA report Section 12 – Hg study Section 13 – CO2 study Section 10(e) - Section 14 – Annual CSA report

Administrative Relief SB 734 Section 38(c) Repeals G.S. 143-215.108(g) The source reduction/recycling “A4 form” is no longer needed. Section 2 With respect to readopting rules without substantive change, no fiscal note required.

Of interest… SB 734 Section 16 - Permit Choice Section 29 – Reform Agency Review of Engineering Work

Of interest… S.L. 2014-103 (HB 366) – Farm Act of 2014 Information on complaints relating to agricultural operations shall be considered confidential records. If DENR determines a violation has occurred, the complaint and all records accumulated in conjunction with the investigations shall be considered public records.

Mike Abraczinskas, EIT, CPM Deputy Director North Carolina Division of Air Quality 919-707-8447 Michael.Abraczinskas@ncdenr.gov Visit our web site: http://www.ncair.org