Presentation_ActionItem1_02L,02O,02N,02P_RuleReview

2024 Periodic Review of Existing Rules
15A NCAC 02L, 02N, 02O, and 02P
Jessica Montie, DWM
November 13, 2024, GWWMC
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Periodic Review of Existing Rules
Agency (EMC) Review
Rules Review Commission (RRC) Review
Joint Legislative Administrative Procedure Oversight Committee (APO) Review
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•G.S. 150B-21.3A requires all rules be reviewed every 10 years.
•There are three steps to the review:
Agency Review
•Agencies place rules into one of two categories:
1.Unnecessary – a rule that the agency determines to be
obsolete, redundant or otherwise not needed
2.Necessary – any rule other than an unnecessary rule
•Agency accepts public comments (60 days)
•Agency finalizes report, including a response to comments
•Submit to RRC for review
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RRC and JLAPOC Review
•RRC prepares a final determination report and submits to APO
•Final determinations become effective the date the report is reviewed by the Joint Administrative Procedure Oversight Committee (APO) or 61 days after receiving RRC determinations if APO does not meet.
•After report becomes effective, agency works with RRC to establish rule readoption deadline for “necessary” rules.
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Periodic Review of Existing Rules
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“Necessary” Rules
Agency will readopt rules
“Unnecessary” Rules
Codifier of Rules will remove from Administrative Code
Periodic Review of Existing Rules
#Title Previous
Review
RRC
Deadline
02L
Groundwater Classification and Standards
Sections .0100 - .0300 – DWR
Sections .0400 and .0500 – DWM UST
2018 Aug-25
02N Criteria and Standards Applicable to USTs 2018 Aug-25
02O Financial Responsibility Requirements for Owners
and Operators of USTs 2018 Aug-25
02P Commercial Leaking Petroleum UST Cleanup Fund 2018 Aug-25
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Periodic Review Initial Determinations
#Title “Necessary”
Rules
“Unnecessary”
Rules
02L
Groundwater Classification and Standards
Sections .0100 - .0300 – DWR
Sections .0400 and .0500 – DWM UST
64 0
02N Criteria and Standards Applicable to USTs 50 0
02O Financial Responsibility Requirements for
Owners and Operators of USTs 10 0
02P Commercial Leaking Petroleum UST Cleanup
Fund 13 0
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All rules categorized as necessary.
Proposed Periodic Review Schedule
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Action / Responsibility Date
Approval to Proceed to EMC with Initial Determinations / GWWMC November 13, 2024
Approval to Proceed to Public Notice with Initial Determinations / EMC January 2025
Public Comment Period February to April 2025
Approval of Final Determinations / EMC July 2025
Approval of Final Determinations / RRC August 2025 *
Final Determination Report submitted to APO / RRC September 2025 **
( * ) Due Date per RRC’s Periodic Review Schedule 2024 – 2027.
( ** ) Final determination becomes effective the date the report is reviewed by the Joint Administrative Procedure Oversight Committee (APO) or 61 days after receiving RRC determinations if APO does not meet.
Request
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Department of Environmental Quality
Request Approval to Proceed to the EMC
with the Periodic Rule Review Reports for
15A NCAC 02L, 02N, 02O, and 02P
Questions?
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Department of Environmental Quality
Jessica Montie
Environmental Program Consultant
Division of Waste Management
[e-mail]
[phone]