Department of Environmental Quality July 13, 2016 Department of Environmental Quality

Regulatory Review of 15A NCAC 02C Well Construction Standards Debra J. Watts Water Quality Regional Operations Section Division of Water Resources Department of Environmental Quality

Overview Regulatory Requirement Categories of Determinations Review Process Initial Determination Public Comment / Final Recmd Schedule Department of Environmental Quality

Regulatory Requirement Session Law 2013-413 requires: Each agency review all existing rules through G.S. 50B-21.3A, Periodic review and expiration of existing rules and classify each rule into one of three categories Department of Environmental Quality

Categories of Determinations 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

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

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

Public Comment Summary of Comments 15 total comments received 12 comments discussed standards of construction Others discussed well maintenance, well tests for yield and data keeping 9 of 15 rule comments by one citizen Department of Environmental Quality

Summary of Comments (cont) Public Comment Summary of Comments (cont) 13 out of 15 commenters agreed with the Agency Determination No comments given addressed categories of determination Department of Environmental Quality

Well Construction Standards Final Recommendation Rule Citation Rule Title Final Recommendation 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