North Carolina § 150B-19 - 3. Limitation on certain environmental rules.

§ 150B-19. 3. Limitation on certain environmental rules.

An agency authorized to implement and enforce State and federal environmental laws may not adopt a rule for the protection of the environment or natural resources that imposes a more restrictive standard, limitation, or requirement than those imposed by federal law or rule, if a federal law or rule pertaining to the same subject matter has been adopted, unless adoption of the rule is required by one of the subdivisions of this subsection. A rule required by one of the following subdivisions of this subsection shall be subject to the provisions of G.S. 150B-21.3(b1) as if the rule received written objections from 10 or more persons under G.S. 150B-21.3(b2): A serious and unforeseen threat to the public health, safety, or welfare. An act of the General Assembly or United States Congress that expressly requires the agency to adopt rules. A change in federal or State budgetary policy. A federal regulation required by an act of the United States Congress to be adopted or administered by the State. A court order. For purposes of this section, "an agency authorized to implement and enforce State and federal environmental laws" means any of the following: The Department of Environmental Quality created pursuant to G.S. 143B-279.1. The Environmental Management Commission created pursuant to G.S. 143B-282. The Coastal Resources Commission established pursuant to G.S. 113A-104. The Marine Fisheries Commission created pursuant to G.S. 143B-289.51. The Wildlife Resources Commission created pursuant to G.S. 143-240. The Commission for Public Health created pursuant to G.S. 130A-29. The Sedimentation Control Commission created pursuant to G.S. 143B-298. The North Carolina Oil and Gas Commission created pursuant to G.S. 143B-293.1. The Pesticide Board created pursuant to G.S. 143-436. History (2011-398, s. 2; 2012-143, s. 1(d); 2014-4, s. 4(c); 2014-120, s. 57; 2015-241, s. 14.30(u).) Editor's Note. - Session Laws 2011-398, s. 63, made this section effective October 1, 2011, and applicable to rules adopted on or after that date. Session Laws 2011-398, s. 63, as amended by Session Laws 2012-187, s. 8.1, provides in relevant part: "Sections 15 through 55 of this act become effective January 1, 2012, and apply to contested cases commenced on or after that date. With regard to contested cases affected by Section 55.2 of this act, the provisions of Sections 15 through 27 of this act become effective when the United States Environmental Protection Agency approvals referenced in Section 55.2 have been issued or October 1, 2012, whichever occurs first. With regard to contested cases affected by Section 55.1 of this act, the provisions of Sections 15 through 27 and Sections 32 and 33 of this act become effective when the waiver referenced in Section 55.1 has been granted or February 1, 2013, whichever occurs first. Unless otherwise provided elsewhere in this act, the remainder of this act is effective when it becomes law." For Section 55.2, see editor's note under G.S. 150B-34. Session Laws 2011-398, s. 62, is a severability clause. Session Laws 2014-4, s. 2(e), provides: "G.S. 150B-19.3 shall not apply to rules adopted by the Mining and Energy Commission, the Environmental Management Commission, the Sedimentation Control Commission, and the Commission for Public Health for the management of oil and gas exploration, development, and production activities in the State, including the use of horizontal drilling and hydraulic fracturing for that purpose." Effect of Amendments. - Session Laws 2014-4, s. 4(c), effective August 1, 2015, substituted "Oil and Gas Commission" for "Mining and Energy Commission" in subdivision (b)(8). Session Laws 2014-120, s. 57, effective September 18, 2014, in the introductory language of subsection (a), substituted "subdivisions of this subsection" for "following" at the end of the first sentence and added the present last sentence. Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in subdivision (b)(1).