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Home My WebLink AboutAgenda Item IV-1_PowerPointDepartment of Environmental Quality Rule Readoption Cleanup –Part B Environmental Management Commission Meeting –July 13, 2023 Overview 2 Department of Environmental Quality •The Rule Readoption Cleanup project began in early 2022 following staff identification of several readopted rules containing minor errors, while working with the rules for other purposes. •An internal and external stakeholder outreach effort began in February 2022, ending in May 2022. •Over 30 rules were identified during this process as requiring further attention. The scope for the cleanup is restricted to changes which will not increase or decrease regulatory burdens; therefore, the corresponding Regulatory Impact Analysis (RIA), as reviewed by the Office of State Budget and Management (OSBM), will result in a net zero impact within the State. •Part B of the Rule Readoption Cleanup is a group of seventeen rules which focus on clarification amendments, not simply grammatical corrections (which were addressed in Part A). These issues were either introduced or carried forward inadvertently during the rule readoption process. •The RIA for Readoption Cleanup Part B was approved by OSBM on October 19, 2022. •Readoption Cleanup Part A was incorporated into the North Carolina Administrative Code (NCAC) on October 1, 2022. Overview 3 Department of Environmental Quality •The rulemaking underwent a public comment period from March 1, 2023, to May 1, 2023 •Commissioner Duggan acted as the Hearing Officer for the hybrid online and in-person public hearing hosted on April 13, 2023 at 6:00pm •At the end of the comment period, a written comment letter from the EPA was received. These were the only comments made on this rule package by any stakeholder. •A Hearing Record was completed and includes the details of the comments and proceedings. 4 Department of Environmental Quality 15A NCAC Subchapter Rule #Name Listed Order Proposed Action following Comment Period 02Q .0102 Activities Exempted from Permit Requirements 1 Amendment 02D .0503 Particulates from Fuel Burning Indirect Heat Exchangers 2 Amendment 02D .0506 Particulates from Hot Mix Asphalt Plants 3 Amendment 02D .0532 Sources Contributing to an Ambient Violation 4 Amendment 02D .0613 Quality Assurance Program 5 None -no longer proposed for amendment 02D .0614 Compliance Assurance Monitoring 6 Amendment 02Q .0706 Modification (Toxic Air Pollutant Procedures)7 Amendment 02D .0918 Can Coating 8 Amendment 02D .0926 Bulk Gasoline Plants 9 Amendment 02D .0927 Bulk Gasoline Terminals 10 Amendment 02D .0928 Gasoline Service Stations Stage I 11 Amendment 02D .0932 Gasoline Cargo Tanks and Vapor Collection Systems 12 Amendment 02D .0960 Cargo Tank Leak Tester Report 13 Repeal 02D .0961 Offset Lithographic Printing and Letterpress Printing 14 Amendment 02D .0964 Miscellaneous Industrial Adhesives 15 Amendment 02D .1403 Compliance Schedules 16 Amendment 15A NCAC 02D .0613Quality Assurance Program 5 Department of Environmental Quality As proposed in the North Carolina Register, the amendment to this rule involved minor clarifying revisions, with no intent to alter existing requirements or methodologies.The EPA provided written comment on this rule during the public comment period. The DEQ staff reviewed and discussed the comment received from the EPA during the public comment period for this rule.The amendment for this rule as proposed in the North Carolina Register does not appear to have achieved the goal of clarifying the rule.The original language was clearer therefore, the DAQ is no longer proposing amendment on this rule. 15A NCAC 02D .1708Reporting Requirements 6 Department of Environmental Quality As proposed in the North Carolina Register, the amendment to this rule involved minor clarifying revisions, with no intent to alter existing requirements or methodologies.The EPA provided written comment on this rule during the public comment period. The DEQ staff reviewed the comment received from the EPA and amended the rule with the suggested grammatical correction provided. Repeal: 15A NCAC 02D .0960 Cargo Tank Leak Tester Report 7 Department of Environmental Quality •Because the rule readoption package for Group 6 included over 100 rules and the comments were unpredictable, both Rules .0932 and .0960 were included to ensure the record keeping requirements for cargo tank owners were retained regardless of the process outcome. •Now the requirements in this rule are duplicative of the record keeping requirements for cargo tank owners found in Rule .0932. Rule .0960 is no longer necessary due to the changes to the statewide sticker inspection program for cargo tanks. •Previously, under the state managed sticker program, the Rule .0932 language for record keeping applied to inspection facilities, but during the rule readoption process the language was revamped to focus on the cargo tank owners and their obligations regarding vapor leak inspections. •This obligation included the record keeping requirements from Rule .0960, and so the exact language from Rule .0960 was incorporated into Rule .0932 verbatim. Therefore, the entirety of Rule .0960 is now redundant. Department of Environmental Quality 8 Tentative Rulemaking Timeline(Subject to Change) March 2022 Concept Presented to the Air Quality Committee (AQC) November 2022 Draft Rules & RIA to the Air Quality Committee (AQC) January 2023 Draft Rules & RIA to the Environmental Management Commission (EMC) March/May 2023 Draft Rules & RIA Public Hearing scheduled during the Public Comment Period •July 2023 Draft Rules & RIA Hearing Record to the Environmental Management Commission (EMC) for final approval. •August 2023 Draft Rules & RIA to the Rules Review Committee (RRC) •September 1, 2023 Tentative Effective Date Recommendation 9 Department of Environmental Quality 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 IV of this hearing report, and this Hearing Officer’s Report be adopted by the Environmental Management Commission. Reference Links •Approved RIA •https://www.osbm.nc.gov/documents/files/DEQ_2022-10-19 10 Contact Department of Environmental Quality Carrie Pickett Rule Development Branch NC Division of Air Quality 919 707 8463 office Carrie.Pickett@deq.nc.gov 11 Katie Quinlan Rule Development Branch Supervisor NC Division of Air Quality 919 707 8702 office Katherine.Quinlan@deq.nc.gov Department of Environmental Quality 12