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

2. 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

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

4. Regulatory Requirements
Session Law 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

5. 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

6. 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

7. 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

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

9. 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

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

11. Department of Environmental Quality