North Carolina General Statutes 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 N.C. Gen. Stat. § 150B-21.3(b1) as if the rule received written objections from 10 or more persons under N.C. Gen. Stat. § 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 N.C. Gen. Stat. § 143B-279.1
(2) The Environmental Management Commission created pursuant to N.C. Gen. Stat. § 143B-282
(3) The Coastal Resources Commission established pursuant to N.C. Gen. Stat. § 113A-104
(4) The Marine Fisheries Commission created pursuant to N.C. Gen. Stat. § 143B-289.51
(5) The Wildlife Resources Commission created pursuant to N.C. Gen. Stat. § 143-240
(6) The Commission for Public Health created pursuant to N.C. Gen. Stat. § 130A-29
(7) The Sedimentation Control Commission created pursuant to N.C. Gen. Stat. § 143B-298
(8) The North Carolina Oil and Gas Commission created pursuant to N.C. Gen. Stat. § 143B-293.1
(9) The Pesticide Board created pursuant to N.C. Gen. Stat. § 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).)
Terms Used In North Carolina General Statutes 150B-19.3
- Adopt: To take final action to create, amend, or repeal a rule. See North Carolina General Statutes 150B-2
- Agency: An agency or an officer in the executive branch of the government of this State. See North Carolina General Statutes 150B-2
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Policy: Any nonbinding interpretive statement within the delegated authority of an agency that merely defines, interprets, or explains the meaning of a statute or rule. See North Carolina General Statutes 150B-2
- Rule: Any agency regulation, standard, or statement of general applicability that implements or interprets an enactment of the General Assembly or Congress or a regulation adopted by a federal agency or that describes the procedure or practice requirements of an agency. See North Carolina General Statutes 150B-2
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3