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

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

3. 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)

4. 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.

5. 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.

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

7. Prohibition of regulation of residential combustion
The underlined language is not in the local air program paragraph (c)(6)
G.S (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.

8. 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

9. Administrative Relief
SB 734
Section 38(c)
Repeals G.S (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.

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

11. 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.

12. Mike Abraczinskas, EIT, CPM Deputy Director North Carolina Division of Air Quality Visit our web site: