SECTION .0500 - PETITIONS FOR RULEMAKING

15A NCAC 02I .0501        FORM AND CONTENTS OF PETITION

(a)  Any person wishing to request the adoption, amendment, or repeal of a rule of the Commission shall make the request in a petition addressed to the Director of the appropriate division of the Department of Environmental Quality, and a copy in electronic form shall also be sent to the Recording Clerk of the Commission:

Director

Division of Air Quality

1641 Mail Service Center

Raleigh, North Carolina 27699-1641

Director

Division of Energy, Mineral, and Land Resources

1612 Mail Service Center

Raleigh, North Carolina 27699-1612

Director

Division of Mitigation Services

1652 Mail Service Center

Raleigh, North Carolina 27699-1652

Director

Division of Waste Management

1646 Mail Service Center

Raleigh, North Carolina 27699-1646

Director

Division of Water Resources

1611 Mail Service Center

Raleigh, North Carolina 27699-1611

Recording Clerk of the Commission

Directors Office

Division of Water Resources

1611 Mail Service Center

Raleigh, NC 27699-1611

EMCclerk@ncdenr.gov

(b)  The petition shall contain the following information:

(1)           the text of the proposed rule(s) for adoption or amendment;

(2)           a statement of the reasons for adoption or amendment of the proposed rule(s), or the repeal of an existing rule(s);

(3)           a statement of the effect on existing rules or orders;

(4)           the name(s) and address(es) of the petitioner(s); and

(5)           a request to present the petition to the committee in accordance with Rule .0502 of this Section, if desired.

(c)  In its review of the proposed rule, the Commission shall consider whether it has authority to adopt the rule; the effect of the proposed rule on existing rules, programs, and practices; probable costs and cost factors of the proposed rule; and the impact of the rule on the public and regulated entities. The petitioner may include the following information within the request:

(1)           the statutory authority for the agency to promulgate the rule(s);

(2)           a statement of the effect of the proposed rule(s) on existing practices in the area involved, including cost factors for persons affected by the proposed rule(s);

(3)           a statement explaining the computation of the cost factors;

(4)           a description, including the names and addresses, if known, of those most likely to be affected by the proposed rule(s); and

(5)           documents and data supporting the proposed rule(s).

(d)  Petitions that do not contain the information required by Paragraph (b) of this Rule shall be returned to the petitioner by the Director on behalf of the Commission.

History Note:        Authority G.S. 143B-282; 150B-20;

Eff. April 1, 2003;

Amended Eff. December 1, 2016; November 1, 2012;

Readopted Eff. February 1, 2021.