Agenda Item IV-1_PowerPoint

Department of Environmental Quality
Proposed Rule Amendments to Allow Electronic Submittals
Environmental Management Commission Meeting –May 11, 2023
Background
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Department of Environmental Quality
•Some of the current air quality rules in 15A NCAC, Subchapters 02D and 02Q, require
physical copies of correspondence, records, and applications, while other rules do not
specify the format for providing such documents.
•Although many permit applications are received and reviewed electronically, applicants
must still provide one or more paper copy applications, as required by the rules.
•DAQ is proposing amendments to 18 air quality rules throughout Subchapters 02D and
02Q to allow electronic copies of applications, submittals, records, and correspondence
where physical hard copies are currently required.
•This rulemaking is intended to facilitate the DEQ’s transition towards streamlining and
digitizing its permitting process and agency records, including:
•Laserfiche digital document repository for storing agency records;
•DAQ CROMERR-compliant system for receiving records required by federal rule; and
•DEQ self service permit portal for receiving electronic applications and fees.
Hearing Report on Proposed Rule Revisions
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Department of Environmental Quality
Public Hearing:February 21, 2023
Hearing Officer:Dr. H. Kim Lyerly
Comment Period:January 17, 2023 –March 20, 2023
Commenters:North Carolina Conservation Network (NCCN)
EPA Region 4
Comment and Response Overview
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Department of Environmental Quality
•One comment was received at the public hearing, relating to the format
of records made available to the public.
•One letter was received from the EPA Region 4 stating that they have
no comments at this time.
•No changes were made to the rules as a result of these comments
Summary of Comments
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Department of Environmental Quality
Rule Comment Received DAQ Response
N/A
NCCN supports the rulemaking action
and noted its importance. Additionally,
NCCN is interested in the public
accessibility of the information and
encouraged the DAQ and EMC to make
the information accessible to the public
in a format other than PDF, that makes
it usable for analysis and assessment. It
was stated that data in PDFs would
require someone to type the data into a
database.
The DAQ thanked the commenter for their
support of the rulemaking. Currently, official
DEQ records in Laserfiche are available in
PDF format in order to preserve the records
as originally received by the agency. Although
outside the scope of this rulemaking, the
DAQ will consider this feedback as agency
systems evolve. Additionally, interested
parties may request specific information
available in other formats by contacting the
DAQ Public Information Officer.
Fiscal Note
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Department of Environmental Quality
•Draft Fiscal Note submitted to the Office of State Budget and Management (OSBM) on
August 23, 2022 with an original estimation of minimal financial benefits.
•After further analysis, the draft fiscal note was revised to estimate benefits to the DAQ
and regulated community, and approved by OSBM on September 23, 2022:
•DAQ savings of approximately $59,087 to $118,173 annually from reduced staff time to
digitize hard copy records.
•Regulated community savings of approximately $11,232 to $22,464 annually from decreased
paper usage, printer ink, postage costs, and staff time to prepare hard copy records.
•Significant qualitative benefits from streamlined records submittal process and increased
access and quality of public records.
Department of Environmental Quality
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Tentative Rulemaking Timeline(Subject to Change)
March 2022 Concept to Air Quality Committee (AQC)
Sept 2022 Draft Rules to AQC
Nov 2022 Request to Proceed to Comment and Hearing to
Environmental Management Commission (EMC)
Dec 2022-Feb 2023 Public Comment Period and Hearing
•May 2023 Adoption by EMC
•June 2023 Rules Review Commission Approval
•7/1/2023 Tentatively Effective
Department of Environmental Quality
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Recommendation
The Hearing Officer recommends that the proposed amendments to the 18 rules in 15A NCAC 02D and 02Q as presented in Chapter II of the hearing report, the final regulatory impact analysis as presented in Chapter VI of the hearing report, and the Hearing Officer’s Report be adopted by the Environmental Management Commission.
Contact
Department of Environmental Quality
Katherine Quinlan, EIT
Rule Development Branch Supervisor
NC Division of Air Quality
919 707 8702 office
[e-mail]
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Department of Environmental Quality
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