Agenda Item IV-1_Description

Agenda Item: Request for Approval of Hearing Officer’s Report on Proposed Amendments to Correct Errors Introduced During the Rule Readoption Process and Repeal of 15A NCAC 02D
.0960 Part B and Final Approval of Regulatory Impact Analysis (555)
Explanation: The Environmental Management Commission (EMC) is requested to adopt the rules
for the proposed amendments to 15A NCAC 02Q .0102 and .0706, and 15A NCAC
02D .0503, .0506, .0532, .0614, .0918, .0926, .0927, .0928, .0932, .0961, .0964, .1403, and .1708 and repeal of 15A NCAC 02D .0960 to proceed to the Rules Review
Commission.
This set of seventeen rules is part of the effort to clean up readopted rules, initiated in
early 2022. Due to the large number of rules being readopted and the time constraint
imposed on the readoption process, some rules were identified requiring clarification
cleanup following further review. The scope of the cleanup process is limited in nature.
No rule revision or repeal is intended to modify the burden on a stakeholder.
The list of rules under consideration for cleanup was large enough to be split into Part A and Part B groups. Part A rules included typographical corrections, as defined under
NC G.S. §150B-21.5 of the Administrative Procedure Act and were adopted into the
Administrative Code on October 1, 2022. Part B rules include clarifications requested
by internal and external stakeholders; the clarifications are related to changes adopted
or proposed during the readoption process.
A regulatory impact analysis for Part B was developed for the Office of State Budget and Management and approved on October 19, 2022. The rulemaking underwent a public comment period from March 1, 2023 to May 1, 2023 receiving a written comment
letter from the EPA. Commissioner Duggan acted as the hearing officer for the hybrid
online and in-person public hearing hosted on April 13, 2023 at 6:00pm with no
members of the public joining in attendance. A Hearing Record was completed and
includes the details of the comments and proceedings. The DAQ addressed the
comments received by the EPA, resulting in the proposed amendment to 15A NCAC
02D .0613 being removed from this rulemaking at this time.

Recommendation: The Hearing Officer recommends that the proposed amendments to 15A NCAC 02Q
.0102, and .0706, and 15A NCAC 02D .0503, .0506, .0532, .0614, .0918, .0926,
.0927, .0928, .0932, .0961, .0964, .1403, and .1708, and the proposed repeal of 15A NCAC 02D .0960, as presented in Chapter II of this hearing report, the final regulatory impact analysis as presented in Chapter VI of this hearing report, and this Hearing
Officer’s Report be adopted by the Environmental Management Commission.