Water Resources Regulations Review: NCAC 02G Process Overview
The regulatory review of 15A NCAC 02G Water Resources Programs by the Environmental Management Commission involved a three-step process. This process included agency determination, Rules Review Commission review, and Administrative Procedure Oversight Committee consultation. The initial determination categorized rules as necessary or unnecessary based on public interest, with plans for technical revisions where needed. Public comments were solicited and received on specific sections, highlighting the importance of rules related to Jordan Lake water supply storage and aquatic weed control.
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Regulatory Review of 15A NCAC 02G Water Resources Programs Environmental Management Commission November 8, 2018 Linwood Peele Division of Water Resources, Water Planning Section
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) 2
Regulatory Review of 15A NCAC 02G Sections: Title of Rule (# of Rules) .0100 State Participation in Water Resources Projects (12) .0300 Beach Project Revolving Fund Advances (5) .0400 Floodway Establishment (2) .0500 Allocation of Jordan Lake Water Supply Storage (7) .0600 Aquatic Weed Control (1) 3
Initial Determination 15A NCAC 02G 27 rules No rule necessary with substantive public interest 20 rules necessary without substantive public interest Sections .0100, .0500 & .0600 7 rules unnecessary Sections .0300 & .0400 4
Initial Determination Rules listed as necessary without substantive public interest. We intend to make technical revisions later to update: Names and references Remove obsolete references Rules were deemed unnecessary because . The revolving fund cited never existed It was repealed in 1984 5
Comments (The comment period was March 15, 2018 through May 24, 2018) Sections: .0100 State Participation in Water Resources Projects No comments submitted .0300 Beach Project Revolving Fund Advances No comments submitted .0400 Floodway Establishment No Comments submitted 6
Comments (Contd) Sections: .0500 Allocation of Jordan Lake Water Supply Storage This rule is important and "necessary without substantive public interest" as defined in this rules review process. The Jordan Lake water supply storage is vitally important to the Triangle Region, the economic engine of North Carolina. It is important to have the objective, fact-based process for allocating that storage as provided by this rule. .0600 Aquatic Weed Control Your list is a good one. It would be wonderful if the NCDA list added the plants from your "additional species" section to their list of Class B noxious weeds. The agencies need to be more coordinated in their efforts against these weed species. The lower southeast portion of the state has many issues with some of these plants, as they are able to overwinter quite well. 7
Action / Responsibility Initial Determinations / WAC Date January 10, 2018 Approve Determinations for Public Comment / EMC Public Comment Period Update to the WAC March 8, 2018 March 15 May 24, 2018 July 11, 2018 Action to Approve Determinations / EMC November 8, 2018 Report due to RRC RRC Review/Approval Final Determination Effective in 60 days / APO Commence Rulemaking to re-adopt rules in accordance with APA November 15, 2018 (No later) December 20, 2018 February 18, 2019 8
The Division is requesting that the EMC Approve the Final Determinations for Submission to the Rules Review Commission for the Periodic Review of Existing Rules Reports for 15A NCAC 02G. 9
Questions? Linwood Peele, Supervisor Water Supply Planning Branch Division of Water Resources Linwood.Peele@ncdenr.gov 919-707-9024 10
