Proposed Rule Revision 2015 - 15A NCAC 2H .0800 [stay tuned]
North Carolina Administrative Code, 15A NCAC 2H .0800, is the rule that governs the North Carolina Wastewater/Groundwater Laboratory Certification (NC WW/GW LC) program. This Rule defines certification criteria for laboratory facilities which perform any tests, analyses, measurements or monitoring required under Article 21 of G.S. 143 or any rules adopted thereunder. These laboratories include (but may not be limited to) field, municipal, industrial, commercial and other laboratories engaged in surface water monitoring, groundwater monitoring, waste not discharged to surface waters, point source discharge monitoring, local pretreatment monitoring, reclaimed water monitoring, hazardous waste and underground storage tank testing.
In accordance with House Bill 74, we have reviewed the Laboratory Certification Rule and we are proposing various amendments, repeals and adoptions to this Rule and are encouraging stakeholders to provide comments. The proposed Rule revision would result in:
Additional information will be posted to this site as it becomes available.
The Proposed DRAFT Rule Revision can be found here. The Rule has been broken out into sections. Adoptions and text added to the Rule are underlined. Amendments and repeals are stricken with a single line (e.g.,
A PowerPoint presentation that highlights the major changes can be viewed here.
We Want Your Comments
If you would like to provide comments to the proposed Rule, you may offer written comments, data or other relevant information to this office. When submitting written comments, please list the section, page and line number of the Rule your comment is in reference to, followed by your comment (e.g., Section .0805 page 2 line 10 - Comment). Comments may be emailed to email@example.com or firstname.lastname@example.org. Please enter Rule Revision Comments in the subject line. Hard copy comments can be mailed to:
Ms. Dana Satterwhite
DEQ DWR Water Sciences Section
1623 Mail Service Center
Raleigh, NC 27699-1623
The Laboratory Certification Branch will host several external stakeholders' meetings across the state between now and the end of April, 2015 [times, dates and locations to be announced]. Notifications will be sent to all certified laboratories (and other interested parties). The meetings are not intended to be a substitute for Public Hearing (Public Hearings are legal proceedings and will be held much later in the Rule revision process), but instead, an opportunity for the laboratory community and stakeholders to provide input in shaping the final proposal before the more formal process begins. Please have all stakeholder comments to this office by April 30, 2015.
The meetings will have a brief presentation highlighting the major proposed changes to the Rule and the greater part of the meetins will be dedicated to receiving stakeholder feedback. Please bring your own copy of the Proposed Rule Revision to the meeting. Only limited copies will be available during the meeting. We would like to encourage you to review the proposed changes prior to the meeting and submit, with your comments, any data or other relevant information for consideration (we are especially interested in fiscal impact).
A letter announcing these stakeholder meetings was sent to all certified laboratories on February 27, 2015. That letter, with directions to the meeting locations, can be found here.
DRAFT #2 of the Proposed Rule Revision with stakeholder comments incorporated can be found here. The Rule has been broken out into sections. Adoptions and text added to the Rule are underlined. Amendments and repeals are stricken with a single line (e.g.,
DRAFT #2 of the Proposed Rule Revision with no Strikethrough for easier reading can be found here.
The Laboratory Certification Branch conducted a series of external stakeholders' meetings at locations across the state this summer. The participation from stakeholders was impressive and we received a large number of comments and suggestions. We have meticulously reviewed all comments and have made significant changes to the rule based on your feedback. I believe we have a much better product from this collaboration and would like to take this moment to thank our stakeholders for their input and efforts.
I must also note that since those stakeholder meetings occurred, the Department redirected us to include a fee increase. We believe the proposed changes to the fee schedule, that has been in place for over 13 years now, represents a modest increase. With this increase in fees, our program will be able to gain the resources/position(s) needed to effectively manage more than 700 laboratories, provide timely service, technical assistance and outreach, avoid having to resort to using third party assessors, continue to meet the requirements of our DMR-QA PT Study exemption and most importantly allow us to be more of a service organization rather than strictly regulatory.
We are asking that any additional comments on the Rule revision be submitted by November 30, 2015.