Proposed Rule Revision 2015- 15A NCAC 2H .0800

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:

  • appending the list of certifiable parameters (to aid in the compliance efforts of the Division of Water Resources and the Division of Waste Management, Underground Storage Tank section),
  • clarifying existing legislative Rule or providing additional quality control requirements where a Rule does not exist (to aid laboratories' efforts to produce valid and court defensible data by establishing baseline quality assurance requirements and to provide consistency across regulatory programs), and
  • reducing reglulatory and financial burden to laboratories.

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., rule). Scroll to the bottom of this page to find DRAFTs #2 and #3, which incorporates stakeholder comments received through 2017.

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 todana.satterwhite@ncdenr.gov or gary.francies@ncdenr.gov. 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

Stakeholders Meetings

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).

Meeting Date

Time

Location

Address 

April 1, 2015

 

1-3 pm

Burlington, NC

Mackintosh Marina Clubhouse

2704 Huffman Mill Road, Burlington, NC 27215-9253

April 9, 2015

In conjunction with LabNet East

10-12 pm

Wilson, NC

Wilson Operations Center

1800 Herring Avenue, Wilson, NC 27893-6727
April 16, 2015 1-3 pm

Asheville, NC

DENR Asheville Regional Office

2090 US Hwy. 70, Swannanoa, NC 28778-8211

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.

Comments Received

  Affiliation Type Link to Comment(s) Submitted
1 Municipal WWTP Comment 1 - Part A - Part B
2 Commercial Laboratory Comment 2
3 Commercial Field Laboratory Comment 3
4 Stakeholder Association Comment 4
5 Law Firm Comment 5
6 Various from the Burlington Stakeholder Meeting Comment 6
7 Various from the Wilson Stakeholder Meeting Comment 7
8 Various from the Asheville Stakeholder Meeting Comment 8
9 Commercial Laboratory Comment 9
     

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.

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., rule). Changes made since the last revision are highlighted in yellow. 

DRAFT #2 of the Proposed Rule Revision with no Strikethrough for easier reading can be found here.

DRAFT #3 of the Proposed Rule Revision with Stakeholder Comments and Impact Statements can be found here. Adoptions and text added to the Rule are underlined. Amendments and repeals are stricken with a single line (e.g., rule). Changes made since the last revision are highlighted in yellow. *new*