1. Department of Environmental Quality
January 14, 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:
Necessary with substantive public interest
Necessary without substantive public interest
Unnecessary
Department of Environmental Quality

4. 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

5. 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Repealed in 1988.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2A .0106, and .0108, rules authorizing subdelegation, were repealed in 1988.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.
Since this rule implements federal regulation, it does not expire.

6. 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 ( c )
Department of Environmental Quality