150B-19.3. Limitation on certain environmental rules.
(a) 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):
(1) A serious and unforeseen threat to the public health, safety, or welfare.
(2) An act of the General Assembly or United States Congress that expressly requires the agency to adopt rules.
(3) A change in federal or State budgetary policy.
(4) A federal regulation required by an act of the United States Congress to be adopted or administered by the State.
(5) A court order.
(b) For purposes of this section, "an agency authorized to implement and enforce State and federal environmental laws" means any of the following:
(1) The Department of Environmental Quality created pursuant to G.S. 143B-279.1.
(2) The Environmental Management Commission created pursuant to G.S. 143B-282.
(3) The Coastal Resources Commission established pursuant to G.S. 113A-104.
(4) The Marine Fisheries Commission created pursuant to G.S. 143B-289.51.
(5) The Wildlife Resources Commission created pursuant to G.S. 143-240.
(6) The Commission for Public Health created pursuant to G.S. 130A-29.
(7) The Sedimentation Control Commission created pursuant to G.S. 143B-298.
(8) The North Carolina Oil and Gas Commission created pursuant to G.S. 143B-293.1.
(9) The Pesticide Board created pursuant to G.S. 143-436. (2011-398, s. 2; 2012-143, s. 1(d); 2014-4, s. 4(c); 2014-120, s. 57; 2015-241, s. 14.30(u).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 150B - Administrative Procedure Act
§ 150B-19 - Restrictions on what can be adopted as a rule.
§ 150B-19.1 - Requirements for agencies in the rule-making process.
§ 150B-19.3 - Limitation on certain environmental rules.
§ 150B-20 - Petitioning an agency to adopt a rule.
§ 150B-21 - Agency must designate rule-making coordinator; duties of coordinator.
§ 150B-21.1 - Procedure for adopting a temporary rule.
§ 150B-21.1A - Adoption of an emergency rule.
§ 150B-21.1B - Expired pursuant to Session Laws 2009-475, s16, effective June 30, 2012.
§ 150B-21.2 - Procedure for adopting a permanent rule.
§ 150B-21.3 - Effective date of rules.
§ 150B-21.3A - Periodic review and expiration of existing rules.
§ 150B-21.4 - Fiscal and regulatory impact analysis on rules.
§ 150B-21.6 - Incorporating material in a rule by reference.
§ 150B-21.7 - Effect of transfer of duties or termination of agency on rules.
§ 150B-21.8 - Review of rule by Commission.
§ 150B-21.9 - Standards and timetable for review by Commission.
§ 150B-21.10 - Commission action on permanent rule.
§ 150B-21.11 - Procedure when Commission approves permanent rule.
§ 150B-21.12 - Procedure when Commission objects to a permanent rule.
§ 150B-21.13 - Procedure when Commission extends period for review of permanent rule.
§ 150B-21.14 - Public hearing on a rule.
§ 150B-21.17 - North Carolina Register.
§ 150B-21.18 - North Carolina Administrative Code.
§ 150B-21.19 - Requirements for including rule in Code.
§ 150B-21.20 - Codifier's authority to revise rules.
§ 150B-21.22 - Effect of inclusion in Code.
§ 150B-21.24 - Access to Register and Code.
§ 150B-21.25 - Paid copies of Register and Code.
§ 150B-21.27 - Minimizing the effects of rules on local budgets.
§ 150B-21.28 - Role of the Office of State Budget and Management.