Department of Environmental Quality January 14, 2016 Department of Environmental Quality

Regulatory Review of 15A NCAC 2C Well Construction Standards Debra J. Watts Water Quality Regional Operations Section Division of Water Resources Department of Environmental Quality

Overview Regulatory Requirements Summary of 2C Rules Review Process Categories of Determinations Initial Determination Schedule Department of Environmental Quality

Regulatory Requirements Session Law 2013-413 requires existing rules be reviewed through G.S. 150B- 21.3A Environmental Management Commission (EMC) is authority for 15A NCAC 2C 2C – Groundwater and Waste Management Committee (GWWMC) Department of Environmental Quality

Summary of 2C Rules 15A NCAC 02C covers a total of 50 rules 15A NCAC 02C .0100, Well Construction Standards (15 rules) 15A NCAC 02C .0200, Criteria and Standards Applicable to Injection Wells (27 rules) 15A NCAC 02C .0300, Permitting and Inspection of Private Drinking Water Wells (8 rules) Department of Environmental Quality

Review Process Three Step Process Step 1: Agency Determination (Initial determination and public comment period) Step 2: Rules Review Commission (RRC) Review (Reviews agency’s report and makes final determination) Step 3: Administrative Procedure Oversight (APO) Committee Consultation (Opportunity to review final determination before it becomes effective) Department of Environmental Quality

Categories of Determinations Step 1: Agency Determination Unnecessary (Rule will expire and be removed from code) Necessary without substantive public interest (Rule will remain in effect without further action) Necessary with substantive public interest (Rule shall be readopted as if it was new in accordance with APA) Department of Environmental Quality

Initial Determination Rule Citation Rule Title Initial Determination 15A NCAC 02C Well Construction Standards Necessary with substantive public interest Department of Environmental Quality

Action / Responsibility Schedule Action / Responsibility Date Initial Determinations / GWWMC November 2015 Approve Determinations for Public Comment / EMC January 2015 Public Comment Period February – April 2016 Update / GWWMC July 2016 Action to Approve Determinations / EMC September 2016 Report due to RRC October 2016 Final Determination Effective in 60 days / APO December 2016 Commence Rulemaking to re-adopt rules in accordance with APA Department of Environmental Quality

Questions? debra.watts@ncdenr.gov 919-807-6338 Department of Environmental Quality

Department of Environmental Quality