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Committee approves phased readoption schedule for 313 air quality rules
Summary
The committee approved a phased readoption schedule for 313 air-quality rules, asking staff to manage workload and consider consolidation where feasible; the committee voted to move the schedule to the full EMC with a requested December 1, 2030 deadline for completion.
Noel Berles of the Division of Air Quality presented a proposed readoption schedule that groups 313 existing air quality rules into six phases for readoption under GS 150B-21.3A, with a target completion date of December 1, 2030. Berles said the agency divided the rules to manage stakeholder review and staff workload and noted some rules may require technical demonstrations if repeal could affect federally approved program elements.
Commissioners raised concerns about compressed schedules and the EMCs ability to meaningfully review large batches of rules. "We really need to avoid a situation where we feel like we don't have time to actually get rules discussed thoroughly in committee and resolve issues before we're having to vote to send them out to public notice," Commissioner Smith said, urging clarity about the timing between fiscal-note completion and public hearings.
Members asked whether rules could be consolidated to reduce the number under review; Berles said consolidation is possible in some instances but could complicate cross-references in permits and would require careful review. Members also urged the department to bolster economist staffing to support fiscal analyses during the readoption wave.
A motion to approve the proposed readoption schedule for 15A NCAC, 02D and 02Q and to proceed to the Environmental Management Commission for approval passed unanimously; the committee said it expects the standard rulemaking steps, including internal EMC committee review before any public notice.
