1. Department of Environmental Quality
September 8, 2016
Department of Environmental Quality

2. 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

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

4. Regulatory Requirement
Session Law 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

5. 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

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

8. 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

9. 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

10. 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

11. 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

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

13. Department of Environmental Quality