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

2. 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 of Subchapter 2A of Title 15A of the NC Administrative Code.
Department of Environmental Quality

3. 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

4. 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, 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 ( c )
Department of Environmental Quality

5. The 2A .0100 rules are entitled, “Organization of Environmental Management Commission”.
2A – Name [Unnecessary]
Staff decided this was unnecessary because it provided nothing of substance except an address, which is provided elsewhere.
2A – Definitions [Necessary without substantive public interest]
Definitions are important, but these are non-controversial, “Commission,” “Secretary,” “Division,” “Director,” and “State.”
2A – 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

6. The 2A .0100 rules are entitled, “Organization of Environmental Management Commission”.
2A – Structure
Repealed in 1988.
2A – 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 – 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.

7. 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

8. 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

9. 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

10. Jennifer Everett DEQ Rulemaking Coordinator 919-707-8614
Questions?
Jennifer Everett DEQ Rulemaking Coordinator
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