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N.C. Department of Environment and Natural Resources

NC Department of Environment and Natural Resources
Office of General Counsel - Rules with Federal Analog Report

Office of General Counsel

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 Report on Rules with Federal Analog or Mandate

 

Senate Bill 781, Section 57 requires that “Every State agency, board, commission, or other body with rule-making powers shall deliver to the Joint Select Regulatory Reform Committee of the General Assembly no later than October 1, 2011, a list of all permanent rules adopted by the body that includes for each rule the following information:
  • Whether the rule is mandated by federal law or regulation.
  • If the rule is not mandated by a federal law or regulation, whether there is a federal regulation that is analogous to the rule.  For the purposes of this subdivision, “analogous” means the federal regulation regulates the same conduct or activity as the State regulation.
  • If there is a federal statute or regulation analogous to the rule, whether the rule is more stringent than the federal law or regulation."
For ease of reporting, DENR will describe its rules through 3 broad categories:  
  1. Rules that have a federal analog – table lists each rule, its federal counterpart and describes the difference, if any.
  2. Rules that do not have a federal analog but are needed to carry out a federal mandate – table lists groups of rules that carry out the federal mandate, specifies the citation for the mandate and describes how the rules meet the mandate.
  3. Rules that neither have a federal counterpart nor a federal mandate, but have an important state function – table lists groups of rule that carry out an important state function, specifies the citation for the function and describes how the rules meet the function.

Draft Report

Table Template for Rules with Federal Analog

Table Template for Rules with Federal Mandate

Table Template for Rules with Important State Interest

 

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