North Carolina register, July 1998 - present

              This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA
REGISTER
VOLUME 26 ● ISSUE 21 ● Pages 1765 - 1841
May 1, 2012
I. PROPOSED RULES
Environment and Natural Resources, Department of
Environmental Management Commission ...................................................... 1765 – 1776
Public Health, Commission for ....................................................................... 1776 – 1777
II. APPROVED RULES ........................................................................................ 1778 – 1796
Health and Human Services, Department of
Health Service Regulation, Division of
Public Health, Commission for
Occupational Licensing Boards and Commissions
Cosmetic Art Examiners, Board of
Locksmith Licensing Board
III. RULES REVIEW COMMISSION ................................................................. 1797 – 1799
IV. CONTESTED CASE DECISIONS
Index to ALJ Decisions ...................................................................................... 1800 – 1806
Text of ALJ Decisions
11 OSP 03751 ................................................................................................. 1807 – 1813
11 OSP 04591 ................................................................................................. 1814 – 1841
PUBLISHED BY
The Office of Administrative Hearings
Rules Division
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone (919) 431-3000
Fax (919) 431-3104
Julian Mann, III, Director
Camille Winston, Deputy Director
Molly Masich, Codifier of Rules
Dana Vojtko, Publications Coordinator
Julie Edwards, Editorial Assistant
Tammara Chalmers, Editorial Assistant
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
Contact List for Rulemaking Questions or Concerns
For questions or concerns regarding the Administrative Procedure Act or any of its components, consult
with the agencies below. The bolded headings are typical issues which the given agency can address,
but are not inclusive.
Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.
Office of Administrative Hearings
Rules Division
1711 New Hope Church Road (919) 431-3000
Raleigh, North Carolina 27609 (919) 431-3104 FAX
contact: Molly Masich, Codifier of Rules molly.masich@oah.nc.gov (919) 431-3071
Dana Vojtko, Publications Coordinator dana.vojtko@oah.nc.gov (919) 431-3075
Julie Edwards, Editorial Assistant julie.edwards@oah.nc.gov (919) 431-3073
Tammara Chalmers, Editorial Assistant tammara.chalmers@oah.nc.gov (919) 431-3083
Rule Review and Legal Issues
Rules Review Commission
1711 New Hope Church Road (919) 431-3000
Raleigh, North Carolina 27609 (919) 431-3104 FAX
contact: Joe DeLuca Jr., Commission Counsel joe.deluca@oah.nc.gov (919) 431-3081
Bobby Bryan, Commission Counsel bobby.bryan@oah.nc.gov (919) 431-3079
Fiscal Notes & Economic Analysis and Governor's Review
Office of State Budget and Management
116 West Jones Street (919) 807-4700
Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX
Contact: Anca Grozav, Economic Analyst osbmruleanalysis@osbm.nc.gov (919) 807-4740
NC Association of County Commissioners
215 North Dawson Street (919) 715-2893
Raleigh, North Carolina 27603
contact: Rebecca Troutman rebecca.troutman@ncacc.org
NC League of Municipalities (919) 715-4000
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Erin L. Wynia ewynia@nclm.org
Legislative Process Concerning Rule-making
Joint Legislative Administrative Procedure Oversight Committee
545 Legislative Office Building
300 North Salisbury Street (919) 733-2578
Raleigh, North Carolina 27611 (919) 715-5460 FAX
contact: Karen Cochrane-Brown, Staff Attorney Karen.cochrane-brown@ncleg.net
Jeff Hudson, Staff Attorney Jeffrey.hudson@ncleg.net
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA REGISTER
Publication Schedule for January 2012 – December 2012
FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY
RULES
Volume &
issue
number
Issue date Last day
for filing
Earliest date for
public hearing
End of required
comment
period
Deadline to submit
to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
31st legislative day of the
session beginning:
270th day from publication
in the Register
26:13 01/03/12 12/08/11 01/18/12 03/05/12 03/20/12 05/01/12 05/16/12 09/29/12
26:14 01/17/12 12/21/11 02/01/12 03/19/12 03/20/12 05/01/12 05/16/12 10/13/12
26:15 02/01/12 01/10/12 02/16/12 04/02/12 04/20/12 06/01/12 01/30/13 10/28/12
26:16 02/15/12 01/25/12 03/01/12 04/16/12 04/20/12 06/01/12 01/30/13 11/11/12
26:17 03/01/12 02/09/12 03/16/12 04/30/12 05/21/12 07/01/12 01/30/13 11/26/12
26:18 03/15/12 02/23/12 03/30/12 05/14/12 05/21/12 07/01/12 01/30/13 12/10/12
26:19 04/02/12 03/12/12 04/17/12 06/01/12 06/20/12 08/01/12 01/30/13 12/28/12
26:20 04/16/12 03/23/12 05/01/12 06/15/12 06/20/12 08/01/12 01/30/13 01/11/13
26:21 05/01/12 04/10/12 05/16/12 07/02/12 07/20/12 09/01/12 01/30/13 01/26/13
26:22 05/15/12 04/24/12 05/30/12 07/16/12 07/20/12 09/01/12 01/30/13 02/09/13
26:23 06/01/12 05/10/12 06/16/12 07/31/12 08/20/12 10/01/12 01/30/13 02/26/13
26:24 06/15/12 05/24/12 06/30/12 08/14/12 08/20/12 10/01/12 01/30/13 03/12/13
27:01 07/02/12 06/11/12 07/17/12 08/31/12 09/20/12 11/01/12 01/30/13 03/29/13
27:02 07/16/12 06/22/12 07/31/12 09/14/12 09/20/12 11/01/12 01/30/13 04/12/13
27:03 08/01/12 07/11/12 08/16/12 10/01/12 10/22/12 12/01/12 01/30/13 04/28/13
27:04 08/15/12 07/25/12 08/30/12 10/15/12 10/22/12 12/01/12 01/30/13 05/12/13
27:05 09/04/12 08/13/12 09/19/12 11/05/12 11/20/12 01/01/13 01/30/13 06/01/13
27:06 09/17/12 08/24/12 10/02/12 11/16/12 11/20/12 01/01/13 01/30/13 06/14/13
27:07 10/01/12 09/10/12 10/16/12 11/30/12 12/20/12 02/01/13 05/2014 06/28/13
27:08 10/15/12 09/24/12 10/30/12 12/14/12 12/20/12 02/01/13 05/2014 07/12/13
27:09 11/01/12 10/11/12 11/16/12 12/31/12 01/22/13 03/01/13 05/2014 07/29/13
27:10 11/15/12 10/24/12 11/30/12 01/14/13 01/22/13 03/01/13 05/2014 08/12/13
27:11 12/03/12 11/07/12 12/18/12 02/01/13 02/20/13 04/01/13 05/2014 08/30/13
27:12 12/17/12 11/26/12 01/01/13 02/15/13 02/20/13 04/01/13 05/2014 09/13/13
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.
Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be published twice
a month and contains the following information
submitted for publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules
Review Commission;
(5) notices of receipt of a petition for municipal
incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S. Attorney
General concerning changes in laws affecting
voting in a jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as required by
G.S. 120-30.9H;
(8) orders of the Tax Review Board issued under
G.S. 105-241.2; and
(9) other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME: In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
the preceding day which is not a Saturday, Sunday, or
State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first
and fifteen of each month if the first or fifteenth of
the month is not a Saturday, Sunday, or State holiday
for employees mandated by the State Personnel
Commission. If the first or fifteenth of any month is
a Saturday, Sunday, or a holiday for State employees,
the North Carolina Register issue for that day will be
published on the day of that month after the first or
fifteenth that is not a Saturday, Sunday, or holiday for
State employees.
LAST DAY FOR FILING: The last day for filing for any
issue is 15 days before the issue date excluding
Saturdays, Sundays, and holidays for State
employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing
date shall be at least 15 days after the date a notice of
the hearing is published.
END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a
proposed rule for at least 60 days after the text is
published or until the date of any public hearings held
on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW
COMMISSION: The Commission shall review a rule
submitted to it on or before the twentieth of a month
by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR
SESSION OF THE GENERAL ASSEMBLY: This date is
the first legislative day of the next regular session of
the General Assembly following approval of the rule
by the Rules Review Commission. See G.S. 150B-
21.3, Effective date of rules.
PROPOSED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1765
Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Environmental Management Commission intends to amend
the rule cited as 15A NCAC 02B .0313.
Link to agency website pursuant to G.S. 150B-19.1(c):
http://portal.ncdenr.org/web/wq/ps/csu/reclass
Proposed Effective Date: January 1, 2013
Public Hearing:
Date: June 5, 2012
Time: 7:00 p.m.
Location: Martin Community College-Building 1 (Room 14),
1161 Kehukee Park Road, Williamston, NC 27892
Reason for Proposed Action: A portion of the Roanoke River
in Bertie and Martin Counties (Roanoke River Basin) is
proposed to be reclassified from Class C to Class WS-IV Critical
Area (CA) and WS-IV (Protected Area or PA). Martin County
Regional Water and Sewer Authority requested this
reclassification. The reclassification is needed to construct a
public water supply intake. This new water supply source will
allow Martin County and the Town of Williamston to meet
requirements of the Central Coastal Plain Capacity Use Area
(CCPCUA) rule and meet water demands through 2030.
Division of Water Resources staff have no objections to the
proposal. A Finding of No Significant Impact (FNSI) has been
issued for this project, and the waters to be reclassified meet
water supply water quality standards according to 2011 DWQ
studies.
The proposed CA would extend along the river from the new
intake, which is to be located nearly 0.3 mile upstream of
US17/US13, to a point roughly 0.5 miles upstream of that intake,
and includes nearly 313 acres. There is a portion of one named
tributary to the Roanoke River (Skewakee Gut) in the proposed
CA that is to be reclassified to WS-IV CA. The proposed PA
would extend along the river from approximately 0.5 miles
upstream of the intake to nearly 1 mile downstream of Coniott
Creek (Town Swamp), and includes almost 27,206 acres. A
portion of two named tributaries to the Roanoke River
(Skewakee Gut and Conoho Creek) and two entire named
tributaries to the Roanoke River (Beaverdam Creek and Mill
Branch) exist in the proposed PA; these waters are to be
reclassified to WS-IV (PA).
If reclassified, wastewater discharge and new development
restrictions will apply throughout the proposed watershed.
Other requirements, which apply only in the proposed CA, are
additional treatment for new industrial process wastewater
discharges as well as no new landfills and land application sites.
There is currently one permitted mine within the proposed area;
this facility is located in the proposed PA and would not be
impacted by the proposed reclassification based on its permit.
There are no additional permitted wastewater discharges
located in the entire proposed watershed besides the mine. In
addition, there are not any known planned land application sites
or landfills in the proposed CA, or known planned wastewater
discharges or developments in the entire proposed area.
Martin County, Bertie County, and the Town of Williamston are
the local governments with jurisdiction in the proposed area.
These local governments would need to, and have agreed to,
modify their water supply watershed protection ordinances
within the required 270 days after the reclassification effective
date. A fiscal analysis for this proposal has been approved by
the Office of State Budget and Management, and the fiscal
analysis’ quantifiable results showed a one-time cost of
approximately $5,500, $5,000, $3,500, and $2,420 to Bertie
County, Martin County, the Town of Williamston, and the state,
respectively.
Procedure by which a person can object to the agency on a
proposed rule: The public hearing and comment period are to
be held in accordance with the federal Water Pollution Control
Act (the Clean Water Act) which requires States, at least every
three years, to review and revise water quality standards to
protect aquatic life and human health. The process is called the
Triennial Review and includes an assessment and revision of the
designated uses of waters (classifications) and the water quality
criteria (standards), which are based on the designated uses.
More specifically, the public hearing and comment period are to
address the potential assignment of a WS-IV classification to a
portion of the Roanoke River watershed for the purpose of
protecting the proposed designated use as a public water supply.
This proposal will result in changing the water quality standards
for waters within the above-mentioned Critical Area and
Protected Area.
You may attend the public hearing and provide verbal
comments, and/or submit written comments, data or other
information by July 2nd, 2012. The comments, data and
information provided during the comment period should
specifically address the proposed reclassification of the Roanoke
River. The Hearing Officer may limit the length of time that you
may speak at the public hearing, if necessary, so that all those
who wish to speak may have an opportunity to do so.
All persons interested and potentially affected by the proposal
are encouraged to read this entire notice and make comments on
the proposed reclassification. The EMC may not adopt a rule
that differs substantially from the text of the proposed rule
PROPOSED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1766
published in this notice unless the EMC publishes the text of the
proposed different rule and accepts comments on the new text
[General Statute 150B 21.2 (g)]. Written comments on the
proposed reclassification of the Roanoke River may be submitted
to Elizabeth Kountis of the Water Quality Planning Section at
the postal address, e-mail address, or fax number listed in this
notice.
Comments may be submitted to: Elizabeth Kountis,
DENR/DWQ Planning Section, 1617 Mail Service Center,
Raleigh, NC 27699-1617, phone (919)807-6418, fax (919)807-
6497, email elizabeth.kountis@ncdenr.gov.
Comment period ends: July 2, 2012
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal impact (check all that apply).
State funds affected
Environmental permitting of DOT affected
Analysis submitted to Board of Transportation
Local funds affected
Date submitted to OSBM: April 2, 2012
Substantial economic impact (≥$500,000)
Approved by OSBM
No fiscal note required
CHAPTER 02 - ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 02B - SURFACE WATER AND
WETLAND STANDARDS
SECTION .0300 - ASSIGNMENT OF STREAM
CLASSIFICATIONS
Note: Text shown in italics has been approved by the RRC and
is pending Legislative Review.
15A NCAC 02B .0313 ROANOKE RIVER BASIN
(a) Effective February 1, 1976, the adopted classifications
assigned to the waters within the Roanoke River Basin are set
forth in theThe Roanoke River Basin Schedule of Classifications
and Water Quality Standards Standards, which may be inspected
at the following places:
(1) the Internet at http://h2o.enr.state.nc.us/csu/;
and
(2) the North Carolina Department of
Environment and Natural Resources:
(A) Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina
(B) Washington Regional Office
943 Washington Square Mall
Washington, North Carolina
(C) Winston-Salem Regional Office
585 Waughtown Street
Winston-Salem, North Carolina
(D) Division of Water Quality
Regional Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed Streams. Such streams entering Virginia are
classified "C", except that all backwaters of John H. Kerr
Reservoir and the North Carolina portion of streams tributary
thereto not otherwise named or described shall carry the
classification "B," and all backwaters of Lake Gaston and the
North Carolina portion of streams tributary thereto not otherwise
named or described shall carry the classification "C and B".
(c) The Roanoke River Basin Schedule of Classification and
Water Quality Standards was amended effective:
(1) May 18, 1977;
(2) July 9, 1978;
(3) July 18, 1979;
(4) July 13, 1980;
(5) March 1, 1983;
(6) August 1, 1985;
(7) February 1, 1986; 1986.
(8) July 1, 1991; (9) August 3, 1992;
(10) August 1, 1998;
(11) April 1, 1999;
(12) April 1, 2001
(13) November 1, 2007.2007;
(14) September 1, 2011.
(d) The Schedule of Classifications and Water Quality
Standards for the Roanoke River Basin was amended effective
July 1, 1991 with the reclassification of Hyco Lake (Index No.
22-58) from Class C to Class B.
(e) The Schedule of Classifications and Water Quality
Standards for the Roanoke River Basin was amended effective
August 3, 1992 with the reclassification of all water supply
waters (waters with a primary classification of WS-I, WS-II or
WS-III). These waters were reclassified to WS-I, WS-II, WS-III,
WS-IV or WS-V as defined in the revised water supply
protection rules, (15A NCAC 2B .0100, .0200 and .0300) which
became effective on August 3, 1992. In some cases, streams
with primary classifications other than WS were reclassified to a
WS classification due to their proximity and linkage to water
supply waters. In other cases, waters were reclassified from a
WS classification to an alternate appropriate primary
classification after being identified as downstream of a water
supply intake or identified as not being used for water supply
purposes.
PROPOSED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1767
(f) The Schedule of Classifications and Water Quality Standards
for the Roanoke River Basin was amended effective August 1,
1998 with the reclassification of Cascade Creek (Camp Creek)
[Index No. 22-12] and its tributaries from its source to the
backwaters at the swimming lake from Class B to Class B ORW,
and reclassification of Indian Creek [index No. 22-13] and its
tributaries from its source to Window Falls from Class C to
Class C ORW.
(g) The Schedule of Classifications and Water Quality
Standards for the Roanoke River Basin was amended effective
August 1, 1998 with the reclassification of Dan River and Mayo
River WS-IV Protected Areas. The Protected Areas were
reduced in size.
(h) The Schedule of Classifications and Water Quality
Standards for the Roanoke River Basin was amended effective
April 1, 1999 as follows:
(1) Hyco River, including Hyco Lake below
elevation 410 [Index No. 22-58-(0.5)] was
reclassified from Class B to Class.Class WS-V
B.
(2) Mayo Creek (Maho Creek) (Mayo Reservoir)
[Index No. 22-58-15] was reclassified from its
source to the dam of Mayo Reservoir from
Class C to Class WS-V.
(i) The Schedule of Classifications and Water Quality Standards
for the Roanoke River Basin was amended effective April 1,
2001 as follows:
(1) Fullers Creek from source to a point 0.8 mile
upstream of Yanceyville water supply dam
[Index No. 22-56-4-(1)] was reclassified from
Class WS-II to Class WS-III.
(2) Fullers Creek from a point 0.8 mile upstream
of Yanceyville water supply dam to
Yanceyville water supply dam [Index No. 22-
56-4-(2)] was reclassified from Class WS-II
CA to Class WS-III CA.
(j) The Schedule of Classifications and Water Quality Standards
for the Roanoke River Basin was amended effective November
1, 2007 with the reclassification of Hanging Rock Hillside
Seepage Bog near Cascade Creek [Index No. 22-12-(2)] to Class
WL UWL as defined in 15A NCAC 02B .0101. The Division of
Water Quality maintains a Geographic Information Systems data
layer of the UWL.
(k) The Schedule of Classifications and Water Quality Standards
for the Roanoke River Basin wasis amended effective September
1, 2011[pending legislative approval] as follows:
(1) a portion of the Dan River [Index No. 22-(39)]
(including tributaries) from the City of
Roxboro’s intake, located approximately 0.7
mile upstream of NC 62, NC Highway 62, to a
point approximately 0.5 mile upstream of the
City of Roxboro’s intake from Class C to Class
WS-IV CA.
(2) a portion of the Dan River [Index No. 22-(39)]
(including tributaries) from a point
approximately 0.5 mile upstream of the City of
Roxboro’s intake to the North Carolina-
Virginia state line from Class C to Class WS-IV.
(l) The Schedule of Classifications and Water Quality Standards
for the Roanoke River Basin is amended effective January 1,
2013 as follows:
(1) a portion of the Roanoke River [Index No. 23-
(26)] (including tributaries) from the Martin
County Regional Water And Sewer
Authority’s intake, located approximately 0.3
mile upstream of US 13/US 17, to a point
approximately 0.5 mile upstream of the Martin
County Regional Water And Sewer
Authority’s intake from Class C to Class WS-IV
CA.
(2) a portion of the Roanoke River [Index No. 23-
(26)] (including tributaries) from a point
approximately 0.5 mile upstream of the Martin
County Regional Water And Sewer
Authority's intake to a point approximately 1
mile downstream of Coniott Creek (Town
Swamp) from Class C to Class WS-IV.
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1).
* * * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Environmental Management Commission intends to amend
the rule cited as 15A NCAC 02I .0501.
Link to agency website pursuant to G.S. 150B-19.1(c):
http://portal.ncdenr.org/web/wq/rulemakingpetitionrevisions
Proposed Effective Date: November 1, 2012
Instructions on How to Demand a Public Hearing: (must be
requested in writing within 15 days of notice): Any person may
request a public hearing on the proposed rule by submitting a
request in writing no later than May 16, 2012 to Sandra Moore,
Division of Water Quality, Planning Section, 1617 Mail Service
Center, Raleigh, NC 27699-1617 or Sandra.moore@ncdenr.gov.
Reason for Proposed Action: The purpose of revising these
rules is to reduce the administrative cost associated with the
submittal of the rulemaking petition to request the adoption,
amendment, or repeal of a rule of the Environmental
Management Commission. The proposed change would require
an electronic or digital submittal of a rulemaking petition, which
is already standard practice, and would remove the requirement
to submit twenty paper copies of the petition when the whole
petition exceeds ten pages in length.
Procedure by which a person can object to the agency on a
proposed rule: A person may submit objections to the proposed
amendments in writing by July 2, 2012 to Sandra Moore of the
Water Quality Planning Section at 1617 Mail Service Center,
Raleigh, NC 27699-1617, phone (919)807-6417, fax (919)807-
6497, Sandra.moore@ncdenr.gov.
Comments may be submitted to: Sandra Moore, DENR/DWQ
Planning Section at 1617 Mail Service Center, Raleigh, NC
PROPOSED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1768
27699-1617, phone (919)807-6417, fax (919)807-6497,
Sandra.moore@ncdenr.gov.
Comment period ends: July 2, 2012
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal impact (check all that apply).
State funds affected
Environmental permitting of DOT affected
Analysis submitted to Board of Transportation
Local funds affected
Date submitted to OSBM:
Substantial economic impact (≥$500,000)
Approved by OSBM
No fiscal note required
CHAPTER 02 - ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 02I - HEARINGS
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 Environmental Management Commission
(hereinafter referred to as the Commission) shall make his
request in a petition addressed to the Director of the appropriate
division of the Department of Environment and Natural
Resources, and a copy in electronic or digital form should 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 Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Director
Division of Water Resources
1611 Mail Service Center
Raleigh, North Carolina 27699-1611
(b) The petition shall contain the following information:
(1) the text of the proposed rule(s) conforming to
the Codifier of Rules' requirements for
publication of proposed rules in the North
Carolina Register;
(2) the statutory authority for the agency to
promulgate the rule(s);
(3) a statement of the reasons for adoption of the
proposed rule(s);
(4) a statement of the effect on existing rules or
orders;
(5) copies of any documents and data supporting
the proposed rule(s);
(6) 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);
(7) a statement explaining the computation of the
cost factors;
(8) a description, including the names and
addresses, if known, of those most likely to be
affected by the proposed rule(s); and
(9) the name(s) and address(es) of the
petitioner(s).
(c) When petitions and supporting documents and data exceed
10 pages in length, 20 copies of the whole petition and any
attachments shall be submitted.
(d)(c) Petitions failing to contain the required information shall
be returned by the Director on behalf of the Chairman.
Authority G.S. 143B-282; 150B-20.
* * * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Environmental Management Commission intends to amend
the rules cited as 15A NCAC 02L .0113, .0202.
Link to agency website pursuant to G.S. 150B-19.1(c):
http://portal.ncdenr.org/web/wq/groundwaterrulesrevisions
Proposed Effective Date: November 1, 2012
Public Hearing:
Date: May 23, 2012
Time: 6:30 p.m., Speaker registration begins at 6:00 p.m.
Location: Archdale Building (Ground Floor Hearing Room),
512 N. Salisbury Street, Raleigh, NC
Reason for Proposed Action: The purpose of revising these
rules is to ensure that groundwater standards are established
using the most recent U.S. EPA health effects information. The
EMC approved a rulemaking petition submitted by Rhodia, Inc.
to amend the 1,1-dichloroethylene groundwater standard from 7
ug/L to 350 ug/L based on the most recent U.S. EPA health
effects published in the Integrated Risk Information System at
http://www.epa.gov/IRIS/ (Option 1). A change in the criteria
used to establish a standard is proposed to allow the EMC to
establish a standard less stringent than the federal maximum
PROPOSED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1769
contaminant level (MCL) when the MCL is not established using
the most recent U.S. EPA IRIS health effects information (Option
2). A change in the variance procedure is proposed to allow the
EMC to consider a request for a statewide variance from the
groundwater rules and to make editorial corrections (Option 3).
In addition, the EMC seeks other proposals that allow flexibility
in implementation of 15A NCAC 2L .0202(d) while maintaining
or achieving appropriate water quality and public health
standards, recognizing that any such proposal, if acted upon,
might constitute a substantial change from the proposed rule
amendments described in detail in this public notice, and might
require an additional rule-making procedure.
Procedure by which a person can object to the agency on a
proposed rule: You may attend the public hearing and provide
verbal comments that specifically address the proposed
groundwater rules and fiscal note. The Hearing Officer may
limit the length of time that you may speak at the public hearing,
if necessary, so that all those who wish to speak may have an
opportunity to do so. In addition, written comments addressing
the proposed groundwater rules will be accepted until July 2,
2012. All persons interested and potentially affected by the
proposed rules are encouraged to read this entire notice and
make comments on the proposed rules. The EMC may not adopt
a rule that differs substantially from the text of the proposed rule
published in this notice unless the EMC publishes the text of the
proposed different rule and accepts comments on the new text
[General Statute 150B 21.2 (g)]. Written comments on the
proposed groundwater rules and fiscal note may be submitted to
Sandra Moore of the Water Quality Planning Section at the
1617 Mail Service Center, Raleigh, NC 27699-1617, phone
(919)807-6417, fax (919)807-6497, e-mail
sandra.moore@ncdenr.gov.
Comments may be submitted to: Sandra Moore, Water
Quality Planning Section at 1617 Mail Service Center, Raleigh,
NC 27699-1617, phone (919)807-6417, fax (919)807-6497, e-mail
sandra.moore@ncdenr.gov.
Comment period ends: July 2, 2012
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal impact (check all that apply).
State funds affected
Environmental permitting of DOT affected
Analysis submitted to Board of Transportation
Local funds affected
Date submitted to OSBM:
Substantial economic impact (≥$500,000)
Approved by OSBM
No fiscal note required
CHAPTER 02 - ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 02L - GROUNDWATER
CLASSIFICATION AND STANDARDS
SECTION .0100 - GENERAL CONSIDERATIONS
15A NCAC 02L .0202 GROUNDWATER QUALITY
STANDARDS (OPTION 1)
(a) The groundwater quality standards for the protection of the
groundwaters of the state are those specified in this Rule. They
are the maximum allowable concentrations resulting from any
discharge of contaminants to the land or waters of the state,
which may be tolerated without creating a threat to human health
or which would otherwise render the groundwater unsuitable for
its intended best usage.
(b) The groundwater quality standards for contaminants
specified in Paragraphs (g) and (h) of this Rule are as listed,
except that:
(1) Where the standard for a substance is less than
the practical quantitation limit, the detection of
that substance at or above the practical
quantitation limit constitutes a violation of the
standard.
(2) Where two or more substances exist in
combination, the Director shall consider the
effects of chemical interactions as determined
by the Division of Public Health and may
establish maximum concentrations at values
less than those established in accordance with
Paragraphs (c), (g), or (h) of this Rule. In the
absence of information to the contrary, in
accordance with Paragraph (d) of this Rule, the
carcinogenic risks associated with carcinogens
present shall be considered additive and the
toxic effects associated with non-carcinogens
present shall also be considered additive.
(3) Where naturally occurring substances exceed
the established standard, the standard shall be
the naturally occurring concentration as
determined by the Director.
(c) Except for tracers used in concentrations which have been
determined by the Division of Public Health to be protective of
human health, and the use of which has been permitted by the
Division, substances which are not naturally occurring and for
which no standard is specified shall not be permitted in
concentrations at or above the practical quantitation limit in
Class GA or Class GSA groundwaters. Any person may petition
the Director to establish an interim maximum allowable
concentration for a substance for which a standard has not been
PROPOSED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1770
established under this Rule. The petitioner shall submit relevant
toxicological and epidemiological data, study results, and
calculations necessary to establish a standard in accordance with
Paragraph (d) of this Rule. Within three months after the
establishment of an interim maximum allowable concentration
for a substance by the Director, the Director shall initiate action
to consider adoption of a standard for that substance.
(d) Groundwater quality standards for substances in Class GA
and Class GSA groundwaters are established as the least of:
(1) Systemic threshold concentration calculated as
follows: [Reference Dose (mg/kg/day) x 70 kg
(adult body weight) x Relative Source
Contribution (.10 for inorganics; .20 for
organics)] / [2 liters/day (avg. water
consumption)];
(2) Concentration which corresponds to an
incremental lifetime cancer risk of 1x10-6;
(3) Taste threshold limit value;
(4) Odor threshold limit value;
(5) Maximum contaminant level; or
(6) National secondary drinking water standard.
(e) The following references, in order of preference, shall be
used in establishing concentrations of substances which
correspond to levels described in Paragraph (d) of this Rule.
(1) Integrated Risk Information System (U.S.
EPA).
(2) Health Advisories (U.S. EPA Office of
Drinking Water).
(3) Other health risk assessment data published by
U.S. EPA.
(4) Other relevant, published health risk
assessment data, and scientifically valid peer-reviewed
published toxicological data.
(f) Groundwater quality standards specified in Paragraphs (g)
and (h) of this Rule and interim maximum allowable
concentrations established pursuant to Paragraph (c) of this Rule
shall be reviewed on a triennial basis. Appropriate
modifications to established standards shall be made in
accordance with the procedure prescribed in Paragraph (d) of
this Rule where modifications are considered appropriate based
on data published subsequent to the previous review.
(g) Class GA Standards. Where not otherwise indicated, the
standard refers to the total concentration in micrograms per liter
of any constituent in a dissolved, colloidal or particulate form
which is mobile in groundwater. This does not apply to
sediment or other particulate matter which is preserved in a
groundwater sample as a result of well construction or sampling
procedures. The Class GA standards are:
(1) Acenaphthene: 80;
(2) Acenaphthylene: 200;
(3) Acetone: 6 mg/L;
(4) Acrylamide: 0.008;
(5) Anthracene: 2 mg/L;
(6) Arsenic: 10;
(7) Atrazine and chlorotriazine metabolites: 3;
(8) Barium: 700;
(9) Benzene: 1;
(10) Benzo(a)anthracene (benz(a)anthracene):
0.05;
(11) Benzo(b)fluoranthene: 0.05;
(12) Benzo(k)fluoranthene: 0.5;
(13) Benzoic acid: 30 mg/L;
(14) Benzo(g,h,i,)perylene: 200;
(15) Benzo(a)pyrene: 0.005;
(16) Bis(chloroethyl)ether: 0.03;
(17) Bis(2-ethylhexyl) phthalate (di(2-ethylhexyl)
phthalate): 3;
(18) Boron: 700;
(19) Bromodichloromethane: 0.6;
(20) Bromoform (tribromomethane): 4;
(21) n-Butylbenzene: 70;
(22) sec-Butylbenzene: 70;
(23) tert-Butylbenzene: 70;
(24) Butylbenzyl phthalate: 1 mg/L;
(25) Cadmium: 2;
(26) Caprolactam: 4 mg/L;
(27) Carbofuran: 40;
(28) Carbon disulfide: 700;
(29) Carbon tetrachloride: 0.3;
(30) Chlordane: 0.1;
(31) Chloride: 250 mg/L;
(32) Chlorobenzene: 50;
(33) Chloroethane: 3,000;
(34) Chloroform (trichloromethane): 70;
(35) Chloromethane (methyl chloride): 3;
(36) 2-Chlorophenol: 0.4;
(37) 2-Chlorotoluene (o-chlorotoluene): 100;
(38) Chromium: 10;
(39) Chrysene: 5;
(40) Coliform organisms (total): 1 per 100
milliliters;
(41) Color: 15 color units;
(42) Copper: 1 mg/L;
(43) Cyanide (free cyanide): 70;
(44) 2, 4-D (2,4-dichlorophenoxy acetic acid): 70;
(45) DDD: 0.1;
(46) DDT: 0.1;
(47) Dibenz(a,h)anthracene: 0.005;
(48) Dibromochloromethane: 0.4;
(49) 1,2-Dibromo-3-chloropropane: 0.04;
(50) Dibutyl (or di-n-butyl) phthalate: 700;
(51) 1,2-Dichlorobenzene (orthodichlorobenzene):
20;
(52) 1,3-Dichlorobenzene (metadichlorobenzene):
200;
(53) 1,4-Dichlorobenzene (paradichlorobenzene):
6;
(54) Dichlorodifluoromethane (Freon-12; Halon):
1 mg/L;
(55) 1,1-Dichloroethane: 6;
(56) 1,2-Dichloroethane (ethylene dichloride): 0.4;
(57) 1,2-Dichloroethene (cis): 70;
(58) 1,2-Dichloroethene (trans): 100;
(59) 1,1-Dichloroethylene (vinylidene chloride):
7350;
(60) 1,2-Dichloropropane: 0.6;
(61) 1,3-Dichloropropene (cis and trans isomers):
0.4;
PROPOSED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1771
(62) Dieldrin: 0.002;
(63) Diethylphthalate: 6 mg/L;
(64) 2,4-Dimethylphenol (m-xylenol): 100;
(65) Di-n-octyl phthalate: 100;
(66) 1,4-Dioxane (p-dioxane): 3;
(67) Dioxin (2,3,7,8-TCDD): 0.0002 ng/L;
(68) 1,1– Diphenyl (1,1,-biphenyl): 400;
(69) Dissolved solids (total): 500 mg/L;
(70) Disulfoton: 0.3;
(71) Diundecyl phthalate (Santicizer 711): 100;
(72) Endosulfan: 40;
(73) Endrin, total: (includes endrin, endrin
aldehyde and endrin ketone): 2;
(74) Epichlorohydrin: 4;
(75) Ethyl acetate: 3 mg/L;
(76) Ethylbenzene: 600;
(77) Ethylene dibromide (1,2-dibromoethane):
0.02;
(78) Ethylene glycol: 10 mg/L;
(79) Fluoranthene: 300;
(80) Fluorene: 300;
(81) Fluoride: 2 mg/L;
(82) Foaming agents: 500;
(83) Formaldehyde: 600;
(84) Gross alpha (adjusted) particle activity
(excluding radium-226 and uranium): 15
pCi/L;
(85) Heptachlor: 0.008;
(86) Heptachlor epoxide: 0.004;
(87) Heptane: 400;
(88) Hexachlorobenzene (perchlorobenzene): 0.02;
(89) Hexachlorobutadiene: 0.4;
(90) Hexachlorocyclohexane isomers (technical
grade): 0.02;
(91) n-Hexane: 400;
(92) Indeno(1,2,3-cd)pyrene: 0.05;
(93) Iron: 300;
(94) Isophorone: 40;
(95) Isopropylbenzene: 70;
(96) Isopropyl ether: 70;
(97) Lead: 15;
(98) Lindane (gamma hexachlorocyclohexane):
0.03;
(99) Manganese: 50;
(100) Mercury: 1;
(101) Methanol: 4 mg/L;
(102) Methoxychlor: 40;
(103) Methylene chloride (dichloromethane): 5;
(104) Methyl ethyl ketone (2-butanone): 4 mg/L;
(105) 2-Methylnaphthalene: 30;
(106) 3-Methylphenol (m-cresol): 400;
(107) 4-Methylphenol (p-cresol): 40;
(108) Methyl tert-butyl ether (MTBE): 20;
(109) Naphthalene: 6;
(110) Nickel: 100;
(111) Nitrate: (as N) 10 mg/L;
(112) Nitrite: (as N) 1 mg/L;
(113) N-nitrosodimethylamine: 0.0007;
(114) Oxamyl: 200;
(115) Pentachlorophenol: 0.3;
(116) Petroleum aliphatic carbon fraction class (C5 -
C8): 400;
(117) Petroleum aliphatic carbon fraction class (C9 -
C18): 700;
(118) Petroleum aliphatic carbon fraction class (C19
- C36): 10 mg/L;
(119) Petroleum aromatics carbon fraction class (C9
- C22): 200;
(120) pH: 6.5 - 8.5;
(121) Phenanthrene: 200;
(122) Phenol: 30;
(123) Phorate: 1;
(124) n-Propylbenzene: 70;
(125) Pyrene: 200;
(126) Selenium: 20;
(127) Silver: 20;
(128) Simazine: 4;
(129) Styrene: 70;
(130) Sulfate: 250 mg/L;
(131) 1,1,2,2-Tetrachloroethane: 0.2;
(132) Tetrachloroethylene (perchloroethylene; PCE):
0.7;
(133) 2,3,4,6-Tetrachlorophenol: 200;
(134) Toluene: 600;
(135) Toxaphene: 0.03;
(136) 2, 4, 5,-TP (Silvex): 50;
(137) 1,2,4-Trichlorobenzene: 70;
(138) 1,1,1-Trichloroethane: 200;
(139) Trichloroethylene (TCE): 3;
(140) Trichlorofluoromethane: 2 mg/L;
(141) 1,2,3-Trichloropropane: 0.005;
(142) 1,2,4-Trimethylbenzene: 400;
(143) 1,3,5-Trimethylbenzene: 400;
(144) 1,1,2-Trichloro-1,2,2-trifluoroethane (CFC-
113): 200 mg/L;
(145) Vinyl chloride: 0.03;
(146) Xylenes (o-, m-, and p-): 500; and
(147) Zinc: 1 mg/L.
(h) Class GSA Standards. The standards for this class are the
same as those for Class GA except as follows:
(1) chloride: allowable increase not to exceed 100
percent of the natural quality concentration;
and
(2) total dissolved solids: 1000 mg/l.
(i) Class GC Waters.
(1) The concentrations of substances which, at the
time of classification, exceed the standards
applicable to Class GA or GSA groundwaters
shall not be caused to increase, nor shall the
concentrations of other substances be caused
to exceed the GA or GSA standards as a result
of further disposal of contaminants to or
beneath the surface of the land within the
boundary of the area classified GC.
(2) The concentrations of substances which, at the
time of classification, exceed the standards
applicable to GA or GSA groundwaters shall
not be caused to migrate as a result of
PROPOSED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1772
activities within the boundary of the GC
classification, so as to violate the groundwater
or surface water quality standards in adjoining
waters of a different class.
(3) Concentrations of specific substances, which
exceed the established standard at the time of
classification, are listed in Section .0300 of
this Subchapter.
Authority G.S. 143-214.1; 143B-282(a)(2).
15A NCAC 02L .0202 GROUNDWATER QUALITY
STANDARDS (OPTION 2)
(a) The groundwater quality standards for the protection of the
groundwaters of the state are those specified in this Rule. They
are the maximum allowable concentrations resulting from any
discharge of contaminants to the land or waters of the state,
which may be tolerated without creating a threat to human health
or which would otherwise render the groundwater unsuitable for
its intended best usage.
(b) The groundwater quality standards for contaminants
specified in Paragraphs (g) and (h) of this Rule are as listed,
except that:
(1) Where the standard for a substance is less than
the practical quantitation limit, the detection of
that substance at or above the practical
quantitation limit constitutes a violation of the
standard.
(2) Where two or more substances exist in
combination, the Director shall consider the
effects of chemical interactions as determined
by the Division of Public Health and may
establish maximum concentrations at values
less than those established in accordance with
Paragraphs (c), (g), or (h) of this Rule. In the
absence of information to the contrary, in
accordance with Paragraph (d) of this Rule, the
carcinogenic risks associated with carcinogens
present shall be considered additive and the
toxic effects associated with non-carcinogens
present shall also be considered additive.
(3) Where naturally occurring substances exceed
the established standard, the standard shall be
the naturally occurring concentration as
determined by the Director.
(c) Except for tracers used in concentrations which have been
determined by the Division of Public Health to be protective of
human health, and the use of which has been permitted by the
Division, substances which are not naturally occurring and for
which no standard is specified shall not be permitted in
concentrations at or above the practical quantitation limit in
Class GA or Class GSA groundwaters. Any person may petition
the Director to establish an interim maximum allowable
concentration for a substance for which a standard has not been
established under this Rule. The petitioner shall submit relevant
toxicological and epidemiological data, study results, and
calculations necessary to establish a standard in accordance with
Paragraph (d) of this Rule. Within three months after the
establishment of an interim maximum allowable concentration
for a substance by the Director, the Director shall initiate action
to consider adoption of a standard for that substance.
(d) Except as provided in Paragraph (f) of this Rule,
groundwater Groundwater quality standards for substances in
Class GA and Class GSA groundwaters are established as the
least of:
(1) Systemic threshold concentration calculated as
follows: [Reference Dose (mg/kg/day) x 70 kg
(adult body weight) x Relative Source
Contribution (.10 for inorganics; .20 for
organics)] / [2 liters/day (avg. water
consumption)];
(2) Concentration which corresponds to an
incremental lifetime cancer risk of 1x10-6;
(3) Taste threshold limit value;
(4) Odor threshold limit value;
(5) Maximum contaminant level; or
(6) National secondary drinking water standard.
(e) The following references, in order of preference, shall be
used in establishing concentrations of substances which
correspond to levels described in Paragraph (d) of this Rule.
(1) Integrated Risk Information System (U.S.
EPA).
(2) Health Advisories (U.S. EPA Office of
Drinking Water).
(3) Other health risk assessment data published by
U.S. EPA.
(4) Other relevant, published health risk
assessment data, and scientifically valid peer-reviewed
published toxicological data.
(f) The Commission may establish groundwater standards less
stringent than existing maximum contaminant levels or national
secondary drinking water standards if it finds, after public notice
and opportunity for hearing, that
(1) more recent data published in any of the EPA
health references listed in Paragraph (e) of this
Rule results in a standard which is protective
of public health, taste threshold, or odor
threshold,
(2) such a standard will not endanger the public
health and safety, including health and
environmental effects from exposure to
groundwater contaminants, and
(3) compliance with a standard based on the
maximum contaminant level or national
secondary drinking water standard would
produce serious hardship without equal or
greater public benefit.
(g) Groundwater quality standards specified in Paragraphs
(g)(h) and (h)(i) of this Rule and interim maximum allowable
concentrations established pursuant to Paragraph (c) of this Rule
shall be reviewed on a triennial basis. Appropriate
modifications to established standards shall be made in
accordance with the procedure prescribed in Paragraph (d) of
this Rule where modifications are considered appropriate based
on data published subsequent to the previous review.
(h) Class GA Standards. Where not otherwise indicated, the
standard refers to the total concentration in micrograms per liter
of any constituent in a dissolved, colloidal or particulate form
PROPOSED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1773
which is mobile in groundwater. This does not apply to
sediment or other particulate matter which is preserved in a
groundwater sample as a result of well construction or sampling
procedures. The Class GA standards are:
(1) Acenaphthene: 80;
(2) Acenaphthylene: 200;
(3) Acetone: 6 mg/L;
(4) Acrylamide: 0.008;
(5) Anthracene: 2 mg/L;
(6) Arsenic: 10;
(7) Atrazine and chlorotriazine metabolites: 3;
(8) Barium: 700;
(9) Benzene: 1;
(10) Benzo(a)anthracene (benz(a)anthracene):
0.05;
(11) Benzo(b)fluoranthene: 0.05;
(12) Benzo(k)fluoranthene: 0.5;
(13) Benzoic acid: 30 mg/L;
(14) Benzo(g,h,i,)perylene: 200;
(15) Benzo(a)pyrene: 0.005;
(16) Bis(chloroethyl)ether: 0.03;
(17) Bis(2-ethylhexyl) phthalate (di(2-ethylhexyl)
phthalate): 3;
(18) Boron: 700;
(19) Bromodichloromethane: 0.6;
(20) Bromoform (tribromomethane): 4;
(21) n-Butylbenzene: 70;
(22) sec-Butylbenzene: 70;
(23) tert-Butylbenzene: 70;
(24) Butylbenzyl phthalate: 1 mg/L;
(25) Cadmium: 2;
(26) Caprolactam: 4 mg/L;
(27) Carbofuran: 40;
(28) Carbon disulfide: 700;
(29) Carbon tetrachloride: 0.3;
(30) Chlordane: 0.1;
(31) Chloride: 250 mg/L;
(32) Chlorobenzene: 50;
(33) Chloroethane: 3,000;
(34) Chloroform (trichloromethane): 70;
(35) Chloromethane (methyl chloride): 3;
(36) 2-Chlorophenol: 0.4;
(37) 2-Chlorotoluene (o-chlorotoluene): 100;
(38) Chromium: 10;
(39) Chrysene: 5;
(40) Coliform organisms (total): 1 per 100
milliliters;
(41) Color: 15 color units;
(42) Copper: 1 mg/L;
(43) Cyanide (free cyanide): 70;
(44) 2, 4-D (2,4-dichlorophenoxy acetic acid): 70;
(45) DDD: 0.1;
(46) DDT: 0.1;
(47) Dibenz(a,h)anthracene: 0.005;
(48) Dibromochloromethane: 0.4;
(49) 1,2-Dibromo-3-chloropropane: 0.04;
(50) Dibutyl (or di-n-butyl) phthalate: 700;
(51) 1,2-Dichlorobenzene (orthodichlorobenzene):
20;
(52) 1,3-Dichlorobenzene (metadichlorobenzene):
200;
(53) 1,4-Dichlorobenzene (paradichlorobenzene):
6;
(54) Dichlorodifluoromethane (Freon-12; Halon):
1 mg/L;
(55) 1,1-Dichloroethane: 6;
(56) 1,2-Dichloroethane (ethylene dichloride): 0.4;
(57) 1,2-Dichloroethene (cis): 70;
(58) 1,2-Dichloroethene (trans): 100;
(59) 1,1-Dichloroethylene (vinylidene chloride): 7;
(60) 1,2-Dichloropropane: 0.6;
(61) 1,3-Dichloropropene (cis and trans isomers):
0.4;
(62) Dieldrin: 0.002;
(63) Diethylphthalate: 6 mg/L;
(64) 2,4-Dimethylphenol (m-xylenol): 100;
(65) Di-n-octyl phthalate: 100;
(66) 1,4-Dioxane (p-dioxane): 3;
(67) Dioxin (2,3,7,8-TCDD): 0.0002 ng/L;
(68) 1,1– Diphenyl (1,1,-biphenyl): 400;
(69) Dissolved solids (total): 500 mg/L;
(70) Disulfoton: 0.3;
(71) Diundecyl phthalate (Santicizer 711): 100;
(72) Endosulfan: 40;
(73) Endrin, total: (includes endrin, endrin
aldehyde and endrin ketone): 2;
(74) Epichlorohydrin: 4;
(75) Ethyl acetate: 3 mg/L;
(76) Ethylbenzene: 600;
(77) Ethylene dibromide (1,2-dibromoethane):
0.02;
(78) Ethylene glycol: 10 mg/L;
(79) Fluoranthene: 300;
(80) Fluorene: 300;
(81) Fluoride: 2 mg/L;
(82) Foaming agents: 500;
(83) Formaldehyde: 600;
(84) Gross alpha (adjusted) particle activity
(excluding radium-226 and uranium): 15
pCi/L;
(85) Heptachlor: 0.008;
(86) Heptachlor epoxide: 0.004;
(87) Heptane: 400;
(88) Hexachlorobenzene (perchlorobenzene): 0.02;
(89) Hexachlorobutadiene: 0.4;
(90) Hexachlorocyclohexane isomers (technical
grade): 0.02;
(91) n-Hexane: 400;
(92) Indeno(1,2,3-cd)pyrene: 0.05;
(93) Iron: 300;
(94) Isophorone: 40;
(95) Isopropylbenzene: 70;
(96) Isopropyl ether: 70;
(97) Lead: 15;
(98) Lindane (gamma hexachlorocyclohexane):
0.03;
(99) Manganese: 50;
(100) Mercury: 1;
PROPOSED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1774
(101) Methanol: 4 mg/L;
(102) Methoxychlor: 40;
(103) Methylene chloride (dichloromethane): 5;
(104) Methyl ethyl ketone (2-butanone): 4 mg/L;
(105) 2-Methylnaphthalene: 30;
(106) 3-Methylphenol (m-cresol): 400;
(107) 4-Methylphenol (p-cresol): 40;
(108) Methyl tert-butyl ether (MTBE): 20;
(109) Naphthalene: 6;
(110) Nickel: 100;
(111) Nitrate: (as N) 10 mg/L;
(112) Nitrite: (as N) 1 mg/L;
(113) N-nitrosodimethylamine: 0.0007;
(114) Oxamyl: 200;
(115) Pentachlorophenol: 0.3;
(116) Petroleum aliphatic carbon fraction class (C5 -
C8): 400;
(117) Petroleum aliphatic carbon fraction class (C9 -
C18): 700;
(118) Petroleum aliphatic carbon fraction class (C19
- C36): 10 mg/L;
(119) Petroleum aromatics carbon fraction class (C9
- C22): 200;
(120) pH: 6.5 - 8.5;
(121) Phenanthrene: 200;
(122) Phenol: 30;
(123) Phorate: 1;
(124) n-Propylbenzene: 70;
(125) Pyrene: 200;
(126) Selenium: 20;
(127) Silver: 20;
(128) Simazine: 4;
(129) Styrene: 70;
(130) Sulfate: 250 mg/L;
(131) 1,1,2,2-Tetrachloroethane: 0.2;
(132) Tetrachloroethylene (perchloroethylene; PCE):
0.7;
(133) 2,3,4,6-Tetrachlorophenol: 200;
(134) Toluene: 600;
(135) Toxaphene: 0.03;
(136) 2, 4, 5,-TP (Silvex): 50;
(137) 1,2,4-Trichlorobenzene: 70;
(138) 1,1,1-Trichloroethane: 200;
(139) Trichloroethylene (TCE): 3;
(140) Trichlorofluoromethane: 2 mg/L;
(141) 1,2,3-Trichloropropane: 0.005;
(142) 1,2,4-Trimethylbenzene: 400;
(143) 1,3,5-Trimethylbenzene: 400;
(144) 1,1,2-Trichloro-1,2,2-trifluoroethane (CFC-
113): 200 mg/L;
(145) Vinyl chloride: 0.03;
(146) Xylenes (o-, m-, and p-): 500; and
(147) Zinc: 1 mg/L.
(h)(i) Class GSA Standards. The standards for this class are the
same as those for Class GA except as follows:
(1) chloride: allowable increase not to exceed 100
percent of the natural quality concentration;
and
(2) total dissolved solids: 1000 mg/l.
(i)(j) Class GC Waters.
(1) The concentrations of substances which, at the
time of classification, exceed the standards
applicable to Class GA or GSA groundwaters
shall not be caused to increase, nor shall the
concentrations of other substances be caused
to exceed the GA or GSA standards as a result
of further disposal of contaminants to or
beneath the surface of the land within the
boundary of the area classified GC.
(2) The concentrations of substances which, at the
time of classification, exceed the standards
applicable to GA or GSA groundwaters shall
not be caused to migrate as a result of
activities within the boundary of the GC
classification, so as to violate the groundwater
or surface water quality standards in adjoining
waters of a different class.
(3) Concentrations of specific substances, which
exceed the established standard at the time of
classification, are listed in Section .0300 of
this Subchapter.
Authority G.S. 143-214.1; 143B-282(a)(2).
15A NCAC 02L .0113 VARIANCE (OPTION 3)
(a) The Commission, on its own initiative or pursuant to a
request under G.S. 143-215.3(e), may grant variances to the
rules of this Subchapter.
(b) Requests for variances are filed by letter from the applicant
to the Environmental Management Commission. The
application shall be mailed to the chairman of the Commission
in care of the Director, Division of Environmental Management,
Post Office Box 29535, Raleigh, N.C. 27626-0535. Water
Quality, 1617 Mail Service Center, Raleigh, N.C. 27699-1617.
(c) For site-specific variances, theThe application shall contain
the following information:
(1) Applications filed by counties or
municipalities must include a resolution of the
County Board of Commissioners or the
governing board of the municipality requesting
the variance.
(2) A description of the past, existing or proposed
activities or operations that have or would
result in a discharge of contaminants to the
groundwaters.
(3) Description of the proposed area for which a
variance is requested. A detailed location
map, showing the orientation of the facility,
potential for groundwater contaminant
migration, as well as the area covered by the
variance request, with reference to at least two
geographic references (numbered roads,
named streams/rivers, etc.) must be included.
(4) Supporting information to establish that the
variance will not endanger the public health
and safety, including health and environmental
effects from exposure to groundwater
contaminants. (Location of wells and other
PROPOSED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1775
water supply sources including details of well
construction within 1/2 mile of site must be
shown on a map).
(5) Supporting information to establish that
requirements of this Rule cannot be achieved
by providing the best available technology
economically reasonable. This information
must identify specific technology considered,
and the costs of implementing the technology
and the impact of the costs on the applicant.
(6) Supporting information to establish that
compliance would produce serious financial
hardship on the applicant.
(7) Supporting information that compliance would
produce serious financial hardship without
equal or greater public benefit.
(8) A copy of any Special Order that was issued in
connection with contaminants in the proposed
area and supporting information that applicant
has complied with the Special Order.
(9) A list of the names and addresses of any
property owners within the proposed area of
the variance as well as any property owners
adjacent to the site covered by the variance.
(d) For state-wide variances to groundwater standards
established in Rule .0202 of this Subchapter, the application
shall contain the following information:
(1) Supporting information to establish that the
variance will not endanger the public health
and safety, including health and environmental
effects from exposure to groundwater at the
proposed constituent levels. This should
include information obtained from the
following references.
(A) Integrated risk Information System
(U.S. EPA).
(B) Health Advisories (U.S. EPA Office
of Drinking Waters).
(D) Other health risk assessment data
published by U.S. EPA.
(E) Other relevant, published health and
ecological risk assessment data, and
scientifically valid peer-reviewed
published toxicological data.
(2) A list of all known potentially affected sites, to
include permitted sites and incident sites. For
each site listed, a map for each site with the
location of wells and other water supply
sources within ½ mile of the affected site must
be provided.
(3) A list of increased costs for treatment for any
of the wells or water supply sources listed in
Paragraph (2) of this Rule due to the proposed
variance to Rule .0202 of this Subchapter.
(d)(e) Upon receipt of the application, the Director will review
it for completeness and request additional information if
necessary. When the application is complete, the Director shall
give public notice of the application and schedule the matter for
a public hearing in accordance with G.S. 143-215.4(b) and the
procedures set out in Paragraph (e)(f) of this Rule.
(e)(f) Notice of Public Hearing:
(1) Notice of public hearing on any variance
application shall be circulated in the
geographical areas of the proposed variance by
the Director at least 30 days prior to the date of
the hearing:
(A) by publishing the notice one time in a
newspaper having general circulation
in said county;
(B) by mailing to the North Carolina
Department of Environment, Health,
and Natural Resources, Division of
Environmental Health and
appropriate local health agency;
(C) by mailing to any other federal, state
or local agency upon request;
(D) by mailing to the local governmental
unit or units having jurisdiction over
the geographic area covered by the
variance;
(E) by mailing to any property owner
within the proposed area of the
variance, as well as any property
owners adjacent to the site covered by
the variance; and
(F) by mailing to any person or group
upon request.
(2) The contents of public notice of any hearing
shall include at least the following:
(A) name, address, and phone number of
agency holding the public hearing;
(B) name and address of each applicant
whose application will be considered
at the meeting;
(C) brief summary of the variance
request;
(D) geographic description of a proposed
area for which a variance is
requested;
(E) brief description of activities or
operations which have or will result
in the discharge of contaminants to
the groundwaters described in the
variance application;
(F) a brief reference to the public notice
issued for each variance application;
(G) information regarding the time and
location for the hearing;
(H) the purpose of the hearing;
(I) address and phone number of
premises at which interested persons
may obtain further information,
request a copy of each application,
and inspect and copy forms and
related documents; and
(J) a brief description of the nature of the
hearing including the rules and
PROPOSED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1776
procedures to be followed. The notice
shall also state that additional
information is on file with the
Director and may be inspected at any
time during normal working hours.
Copies of the information on file will
be made available upon request and
payment of cost or reproduction.
(f)(g) All comments received within 30 days following the date
of the public hearing shall be made part of the application file
and shall be considered by the Commission prior to taking final
action on the application.
(g)(h) In determining whether to grant a variance, the
Commission shall consider whether the applicant has complied
with any Special Order, or Special Order by Consent issued
under G.S. 143-215.2.
(h)(i) If the Commission's final decision is unacceptable, the
applicant may file The applicant may appeal the Commission's
final decision by filing a petition for a contested case in
accordance with Chapter 150B of the General Statutes. If the
petition is not filed within 60 days, the Commission's decision
on the variance shall be final and binding.
(i) A variance shall not operate as a defense to an action at law
based upon a public or private nuisance theory or any other
cause of action.
Authority G.S. 143-215.3(a)(1); 143-215.3(a)(3);
143-215.3(a)(4); 143-215.3(e); 143-215.4.
* * * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Commission for Public Health intends to amend the rule 15A
NCAC 18A .2528.
Link to agency website pursuant to G.S. 150B-19.1(c):
http://cph.publichealth.nc.gov/
Proposed Effective Date: October 1, 2012
Public Hearing:
Date: May 21, 2012
Time: 2:00 p.m.
Location: Cardinal Room, 5605 Six Forks Road, Raleigh, NC
Reason for Proposed Action: During the recent legislative
session, the NC General Assembly ratified Session Law 2011-39,
Senate Bill 368 on April 12, 2011, "An Act to Modify the
Applicability of Certain Fencing Requirements to Public
Swimming Pools…", which authorized the Commission for
Public Health to adopt conforming rules by January 1, 2012.
The Commission adopted the rule amendment through
temporary procedures to meet the statutory effective date. This
proposed amendment is necessary to make permanent the
temporary amendment to the Pool Fences rule, which expires on
September 10, 2012.
Procedure by which a person can object to the agency on a
proposed rule: Objections may be submitted in writing to Chris
G. Hoke, JD, the Rule-Making Coordinator, during the public
comment period. Additionally, objections may be made verbally
and/or in writing at the public hearing for this rule.
Comments may be submitted to: Chris Hoke, 1931 Mail
Service Center, Raleigh, NC 27699-1931, phone (919)707-
5006, email chris.hoke@dhhs.nc.gov
Comment period ends: July 2, 2012
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal impact (check all that apply).
State funds affected
Environmental permitting of DOT affected
Analysis submitted to Board of Transportation
Local funds affected
Date submitted to OSBM: February 1, 2012
Substantial economic impact (≥$500,000)
Approved by OSBM
No fiscal note required
CHAPTER 18 - ENVIRONMENTAL HEALTH
SUBCHAPTER 18A – SANITATION
SECTION .2500 - PUBLIC SWIMMING POOLS
15A NCAC 18A .2528 FENCES
(a) Public Swimming pools shall be completely enclosed by a
fence, wall, building, or other enclosure, or any combination
thereof, which encloses the swimming pool area such that all of
the following conditions are met:
(1) The top of the barrier shall be at least 48
inches above grade measured on the side of the
barrier that faces away from the swimming
pool. The maximum vertical clearance
between grade and the bottom of the barrier
shall be two inches measured on the side of the
barrier that faces away from the swimming
pool;
(2) Openings in the barrier shall not allow passage
of a four-inch-diameter sphere and shall
provide no external handholds or footholds.
PROPOSED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1777
Solid barriers that do not have openings shall
not contain indentations or protrusions except
for normal construction tolerances and tooled
masonry joints;
(3) Where the barrier is composed of horizontal
and vertical members and the distance between
the tops of the horizontal members is 45 inches
or more, spacing between the vertical
members shall not exceed four inches. Where
there are decorative cutouts within the vertical
members, spacing within the cutouts shall not
exceed 1.75 inches in width;
(4) Where the barrier is composed of horizontal
and vertical members and the distance between
the tops of the horizontal members is less than
45 inches, the horizontal members shall be
located on the swimming pool side of the
fence. Spacing between the vertical members
shall not exceed 1.75 inches in width. Where
there are decorative cutouts within the vertical
members, spacing within the cutouts shall not
exceed 1.75 inches in width;
(5) Maximum mesh size for chain link fences
shall be a 2.25 inch square unless the fence is
provided with slats fastened at the top or the
bottom that reduce the openings to no more
than 1.75 inches;
(6) Where the barrier is composed of diagonal
members, the maximum opening formed by
the diagonal members shall be no more than
1.75 inches;
(7) Access gates shall comply with the
dimensional requirements for fences and shall
be equipped to accommodate a locking device.
Effective April 1, 2011, pedestrian access
gates shall open outward away from the pool
and shall be self-closing and have a self-latching
device except where a gate attendant
and lifeguard are on duty. Gates other than
pedestrian access gates shall have a self-latching
device. Where the release mechanism
of the self-latching device is located less than
54 inches from the bottom of the gate, the
release mechanism shall require the use of a
key, combination or card reader to open or
shall be located on the pool side of the gate at
least three inches below the top of the gate,
and the gate and barrier shall have no openings
greater than 0.5 inch within 18 inches of the
release mechanism; and
(8) Ground level doors and windows opening
from occupied buildings to inside the pool
enclosure shall be self-closing or child
protected by means of a barrier or audible
alarm.
(b) Public swimming pool fences constructed prior to May 1,
2010 may vary from the provisions of Paragraph (a) of this Rule
as follows:
(1) the maximum vertical clearance between grade
and the bottom of the barrier may exceed two
inches, but shall not exceed four inches;
(2) where the barrier is composed of vertical and
horizontal members and the space between
vertical members exceeds 1.75 inches, the
distance between the tops of the bottom
horizontal member and the next higher
horizontal member may be less than 45 inches,
but shall not be less than 30 inches;
(3) gates other than pedestrian access gates are not
required to have self-latching devices if the
gates are kept locked; and
(4) gates may swing towards a pool where natural
topography, landscape position or emergency
egress requirements prevent gates from
swinging away from the pool.
(c) Public swimming pools permitted prior to April 1, 2010 with
existing fences that do not comply with the dimensional
requirements of Paragraphs (a)(1) through (a)(6) and (b)(1)
through (b)(2) of this Rule shall not be denied an operation
permit solely due to the preexisting non-compliance. Operation
permits shall be denied to an owner or operator that fails to
comply with these provisions when:
(1) at least 50 percent of the fence has been
damaged or destroyed; or
(2) the owner or operator elects to replace the
fence.
Authority G.S. 130A-282.
APPROVED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1778
This Section includes a listing of rules approved by the Rules Review Commission followed by the full text of those rules. The
rules that have been approved by the RRC in a form different from that originally noticed in the Register or when no notice was
required to be published in the Register are identified by an * in the listing of approved rules. Statutory Reference: G.S. 150B-
21.17.
Rules approved by the Rules Review Commission at its meeting on March 15, 2012.
REGISTER CITATION TO THE
NOTICE OF TEXT
HHS - HEALTH SERVICE REGULATION, DIVISION OF
Applicability of Rules Related to the 1999 State Medical ... 10A NCAC 14B .0101 26:12 NCR
Certificate of Need Review 10ANCAC 14B .0102 26:12 NCR
Certificate of Need Review Schedule 10ANCAC 14B .0103 26:12 NCR
Multi-County Groupings 10ANCAC 14B .0104 26:12 NCR
Service Areas and Planning Areas 10ANCAC 14B .0105 26:12 NCR
Reallocations and Adjustments 10ANCAC 14B .0106 26:12 NCR
Acute Care Bed Need Determination (Review Category A) 10A NCAC 14B .0107 26:12 NCR
Rehabilitation Bed Need Determination (Review Category E) 10A NCAC 14B .0108 26:12 NCR
Ambulatory Surgical Facilities Need Determination (Review... 10A NCAC 14B .0109 26:12 NCR
Open Heart Surgery Services Need Determinations (Review 10A NCAC 14B .0110 26:12 NCR
Heart-Lung Bypass Machines Need Determination (Review 10A NCAC 14B .0111 26:12 NCR
Fixed Cardiac Catheterization Equipment and Fixed Cardiac... 10A NCAC 14B .0112 26:12 NCR
Mobile Cardiac Catheterization Equipment and Mobile Cardi... 10A NCAC 14B .0113 26:12 NCR
Burn Intensive Care Services Need Determination (Review ... 10A NCAC 14B .0114 26:12 NCR
Positron Emission Tomography Scanners Need Determination 10A NCAC 14B .0115 26:12 NCR
Bone Marrow Transplantation Services Need Determination ... 10A NCAC 14B .0116 26:12 NCR
Solid Organ Transplantation Services Need Determination ... 10A NCAC 14B .0117 26:12 NCR
Gamma Knife Need Determination (Review Category H) 10ANCAC 14B .0118 26:12 NCR
Lithotripter Need Determination (Review Category H) 10ANCAC 14B .0119 26:12 NCR
Radiation Oncology Treatment Centers Need Determination... 10A NCAC 14B .0120 26:12 NCR
Magnetic Resonance Imaging Scanners Need Determination 10A NCAC 14B .0121 26:12 NCR
Nursing Care Bed Need Determination (Review Category B) 10A NCAC 14B .0122 26:12 NCR
Home Health Agency Office Need Determination (Review... 10A NCAC 14B .0123 26:12 NCR
Dialysis Station Need Determination 10ANCAC 14B .0124 26:12 NCR
Hospice need Determination (Review Category F) 10ANCAC 14B .0125 26:12 NCR
Hospice Inpatient Facility Bed Need Determination (Review... 10A NCAC 14B .0126 26:12 NCR
Psychiatric Bed Need Determination (Review Category C) 10A NCAC 14B .0127 26:12 NCR
Chemical Dependency (Substance Abuse) Treatment Bed... 10A NCAC 14B .0128 26:12 NCR
Intermediate Care Beds for the Mentally Retarded Need Det... 10A NCAC 14B .0129 26:12 NCR
Policies for General Acute Care Hospitals 10ANCAC 14B .0130 26:12 NCR
Policies for Inpatient Rehabilitation Services 10ANCAC 14B .0131 26:12 NCR
Policy for Ambulatory Surgical Facilities 10ANCAC 14B .0132 26:12 NCR
Policy for Provision of Hospital-Based Long-Term Nursing ... 10A NCAC 14B .0133 26:12 NCR
Policy for Nursing Care Beds in Continuing Care Facilities 10A NCAC 14B .0134 26:12 NCR
Policy for Determination of Need for Additional Nursing B... 10A NCAC 14B .0135 26:12 NCR
Policy for Relocation of Certain Nursing Facility Beds 10ANCAC 14B .0136 26:12 NCR
Policy for Home Health Services 10ANCAC 14B .0137 26:12 NCR
APPROVED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1779
Policy for End-Stage Renal Disease Dialysis Services 10ANCAC 14B .0138 26:12 NCR
Policies for Psychiatric Inpatient Facilities 10ANCAC 14B .0139 26:12 NCR
Policy for Chemical Dependency Treatment Facilities 10ANCAC 14B .0140 26:12 NCR
Policies for Intermediate Care Facilities for Mentally Re... 10ANCAC 14B .0141 26:12 NCR
Applicability of Rules Related to the 2000 State Medical ... 10A NCAC 14B .0150 26:12 NCR
Certificate of Need Review Schedule 10ANCAC 14B .0152 26:12 NCR
Multi-County Groupings 10ANCAC 14B .0153 26:12 NCR
Service Areas and Planning Areas 10ANCAC 14B .0154 26:12 NCR
Reallocations and Adjustments 10ANCAC 14B .0155 26:12 NCR
Acute Care Bed Need Determination (Review Category E) 10A NCAC 14B .0156 26:12 NCR
Rehabilitation Bed Need Determination (Review Category E) 10A NCAC 14B .0157 26:12 NCR
Ambulatory Surgical Facilities Need Determination (Review... 10A NCAC 14B .0158 26:12 NCR
Open Heart Surgery Services Need Determinations (Review... 10A NCAC 14B .0159 26:12 NCR
Heart-Lung Bypass Machines Need Determination (Review... 10A NCAC 14B .0160 26:12 NCR
Fixed Cardiac Catheterization Equipment and Fixed Cardiac... 10A NCAC 14B .0161 26:12 NCR
Burn Intensive Care Services Need Determination (Review... 10A NCAC 14B .0163 26:12 NCR
Positron Emission Tomography Scanners Need Determinat... 10A NCAC 14B .0164 26:12 NCR
Bone Marrow Transplantation Services Need Determination... 10A NCAC 14B .0165 26:12 NCR
Solid Organ Transplantation Services Need Determination... 10A NCAC 14B .0166 26:12 NCR
Gamma Knife Need Determination (Review Category H) 10ANCAC 14B .0167 26:12 NCR
Lithotripter Need Determination (Review Category H) 10ANCAC 14B .0168 26:12 NCR
Radiation Oncology Treatment Centers Need Determination... 10A NCAC 14B .0169 26:12 NCR
Magnetic Resonance Imaging Scanners Need Determination... 10A NCAC 14B .0170 26:12 NCR
Magnetic Resonance Imaging Scanners Need Determination... 10A NCAC 14B .0171 26:12 NCR
Nursing Care Bed Need Determination (Review Category B) 10A NCAC 14B .0172 26:12 NCR
Demonstration Project for Continuing Care of Adults with ... 10A NCAC 14B .0173 26:12 NCR
Home Health Agency Office Need Determination (Review... 10A NCAC 14B .0174 26:12 NCR
Dialysis Station Need Determination Methodology 10ANCAC 14B .0175 26:12 NCR
Dialysis Station Adjusted Need Determination (Review Cate... 10A NCAC 14B .0176 26:12 NCR
Hospice Need Determination (Review Category F) 10ANCAC 14B .0177 26:12 NCR
Hospice Inpatient Facility Bed Need Determination (Review... 10A NCAC 14B .0178 26:12 NCR
Psychiatric Bed Need Determination (Review Category C) 10A NCAC 14B .0179 26:12 NCR
Chemical Dependency (Substance Abuse) Treatment Bed... 10A NCAC 14B .0180 26:12 NCR
Intermediate Care Beds for the Mentally Retarded Need Det... 10A NCAC 14B .0181 26:12 NCR
Policies for General Acute Care Hospitals 10ANCAC 14B .0182 26:12 NCR
Policies for Inpatient Rehabilitation Services 10ANCAC 14B .0183 26:12 NCR
Policy for Ambulatory Surgical Facilities 10ANCAC 14B .0184 26:12 NCR
Policy for Provision of Hospital-Based Long-Term Nursing ... 10A NCAC 14B .0185 26:12 NCR
Policy for Plan Exemption for Continuing Care Retirement ... 10A NCAC 14B .0186 26:12 NCR
Policy for Determination of Need for Additional Nursing B... 10A NCAC 14B .0187 26:12 NCR
Policy for Relocation of Certain Nursing Facility Beds 10ANCAC 14B .0188 26:12 NCR
Policies for Home Health Services 10ANCAC 14B .0189 26:12 NCR
Policy for Relocation of Dialysis Stations 10ANCAC 14B .0190 26:12 NCR
Policies for Psychiatric Inpatient Facilities 10ANCAC 14B .0191 26:12 NCR
Policy for Chemical Dependency Treatment Facilities 10ANCAC 14B .0192 26:12 NCR
Policies for Intermediate Care Facilities for Mentally Re... 10ANCAC 14B .0193 26:12 NCR
APPROVED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1780
Equipment Need Determinations for 1996 SMFP (Review... 10A NCAC 14B .0194 26:12 NCR
Open Heart Surgery Services Need Determinations for 1996 ... 10A NCAC 14B .0195 26:12 NCR
Applicability of Rules Related to the 2001 State medical ... 10A NCAC 14B .0201 26:12 NCR
Certificate of Need Review Schedule 10ANCAC 14B .0202 26:12 NCR
Multi-County Groupings 10ANCAC 14B .0203 26:12 NCR
Service Areas and Planning Areas 10ANCAC 14B .0204 26:12 NCR
Reallocations and Adjustments 10ANCAC 14B .0205 26:12 NCR
Acute Care Bed Need Determination (Review Category A) 10A NCAC 14B .0206 26:12 NCR
Rehabilitation Bed Need Determination (Review Category E) 10A NCAC 14B .0207 26:12 NCR
Open Heart Surgery Services Need Determinations (Review... 10A NCAC 14B .0209 26:12 NCR
Heart-Lung Bypass Machines Need Determination (Review... 10A NCAC 14B .0210 26:12 NCR
Fixed Cardiac Catheterization Equipment and Fixed Cardiac... 10A NCAC 14B .0211 26:12 NCR
Shared Fixed Cardiac Catheterization Equipment Need Deter... 10A NCAC 14B .0212 26:12 NCR
Burn Intensive Care Services Need Determination (Review C... 10A NCAC 14B .0213 26:12 NCR
Positron Emission Tomography Scanners Need Determinati... 10A NCAC 14B .0214 26:12 NCR
Bone Marrow Transplantation Services Need Determination... 10A NCAC 14B .0215 26:12 NCR
Solid Organ Transplantation Services need Determination ... 10A NCAC 14B .0216 26:12 NCR
Gamma Knife Unit Need Determination (Review Category H) 10A NCAC 14B .0217 26:12 NCR
Lithotripter Need Determination (Review Category H) 10ANCAC 14B .0218 26:12 NCR
Radiation Oncology Treatment Centers Need Determination (... 10A NCAC 14B .0219 26:12 NCR
Magnetic Resonance Imaging Scanners Need Determination 10A NCAC 14B .0220 26:12 NCR
Magnetic Resonance Imaging Scanners Need Determination... 10A NCAC 14B .0221 26:12 NCR
Nursing Care Bed need Determination (Review Category B) 10A NCAC 14B .0222 26:12 NCR
Medicare-Certified Home Health Agency Office Need... 10ANCAC 14B .0223 26:12 NCR
Dialysis Need Determination Methodology for Reviews Begin... 10A NCAC 14B .0224 26:12 NCR
Dialysis Station Need Determination Methodology for Revie... 10A NCAC 14B .0225 26:12 NCR
Hospice Care Need Determination (Review Category F) 10ANCAC 14B .0226 26:12 NCR
Hospice Inpatient Facility Bed Need Determination (Review... 10A NCAC 14B .0227 26:12 NCR
Psychiatric Bed Need Determination (Review Category C) 10A NCAC 14B .0228 26:12 NCR
Chemical Dependency (Substance Abuse) Treatment Bed... 10A NCAC 14B .0229 26:12 NCR
Chemical Dependency (Substance Abuse) Adult Detox-Only... 10A NCAC 14B .0230 26:12 NCR
Intermediate Care Beds for the Mentally Retarded Need Dee... 10A NCAC 14B .0231 26:12 NCR
Policies for General Acute Care Hospitals 10ANCAC 14B .0232 26:12 NCR
Policies for Cardiac Catheterization Equipment and Services 10A NCAC 14B .0233 26:12 NCR
Policies for Transplantation Services 10ANCAC 14B .0234 26:12 NCR
Policy for MRI Scanners 10ANCAC 14B .0235 26:12 NCR
Policy for Provision of Hospital-Based Long-Term Care Nur... 10A NCAC 14B .0236 26:12 NCR
Policy for Plan Exemption for Continuing Care Retirement ... 10A NCAC 14B .0237 26:12 NCR
Policy for Determination of Need for Additional Nursing B... 10A NCAC 14B .0238 26:12 NCR
Policy for Relocation of Certain Nursing Facility Beds 10ANCAC 14B .0239 26:12 NCR
Policy for Transfer of Beds from State Psychiatric Hospit... 10A NCAC 14B .0240 26:12 NCR
Policies for Relocation of Nursing Facility Beds 10ANCAC 14B .0241 26:12 NCR
Policies for Medicare-Certified Home Health Services 10ANCAC 14B .0242 26:12 NCR
Policy for Relocation of Dialysis Stations 10ANCAC 14B .0243 26:12 NCR
Policies for Psychiatric Inpatient Facilities 10ANCAC 14B .0244 26:12 NCR
Policy for Chemical Dependency Treatment Facilities 10ANCAC 14B .0245 26:12 NCR
APPROVED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1781
Policies for Intermediate Care Facilities for Mentally Re... 10ANCAC 14B .0246 26:12 NCR
Applicability of Rules Related to the 2002 State Medical ... 10A NCAC 14B .0251 26:12 NCR
Certificate of Need Review Schedule 10ANCAC 14B .0252 26:12 NCR
Multi-County Groupings 10ANCAC 14B .0253 26:12 NCR
Service Areas and Planning Areas 10ANCAC 14B .0254 26:12 NCR
Reallocations and Adjustments 10ANCAC 14B .0255 26:12 NCR
Acute Care Bed Need Determination (Review Category A) 10A NCAC 14B .0256 26:12 NCR
Inpatient Rehabilitation Bed Need Determination (Review C... 10A NCAC 14B .0257 26:12 NCR
Operating Room Need Determinations (Review Category E) 10A NCAC 14B .0258 26:12 NCR
Open Heart Surgery Services Need Determination (Review... 10A NCAC 14B .0259 26:12 NCR
Heart-Lung Bypass Machines Need Determination (Review... 10A NCAC 14B .0260 26:12 NCR
Fixed Cardiac Catheterization/Angioplasty Equipment Need ... 10A NCAC 14B .0261 26:12 NCR
Shared Fixed Cardiac Catheterization/Angioplasty Equipmen... 10A NCAC 14B .0262 26:12 NCR
Burn Intensive Care Services Need Determination (Review C... 10A NCAC 14B .0263 26:12 NCR
Bone Marrow Transplantation Services Need Determination .. 10A NCAC 14B .0264 26:12 NCR
Solid Organ Transplantation Services Need Determination ... 10A NCAC 14B .0265 26:12 NCR
Gamma Knife Need Determination (Review Category H) 10ANCAC 14B .0266 26:12 NCR
Lithotripter Need Determination (Review Category H) 10ANCAC 14B .0267 26:12 NCR
Radiation Oncology Treatment Centers Need Determination ... 10A NCAC 14B .0268 26:12 NCR
Positron Emission Tomography Scanners Need Determinati ... 10A NCAC 14B .0269 26:12 NCR
Fixed Magnetic Resonance Imaging Scanners Need... 10ANCAC 14B .0270 26:12 NCR
Magnetic Resonance Imaging Scanners Need Determinatio... 10A NCAC 14B .0271 26:12 NCR
Fixed Magnetic Resonance Imaging Scanners Need... 10ANCAC 14B .0272 26:12 NCR
Nursing Care Bed Need Determination (Review Category B) 10A NCAC 14B .0273 26:12 NCR
Adult Care Home Bed Need Determination (Review Category 10A NCAC 14B .0274 26:12 NCR
Medicare-Certified Home Health Agency Office Need... 10ANCAC 14B .0275 26:12 NCR
Dialysis Station Need Determination Methodology for Revie... 10A NCAC 14B .0276 26:12 NCR
Dialysis Station Need Determination Methodology for Revie... 10A NCAC 14B .0277 26:12 NCR
Hospice Home Care Need Determination (Review Category F) 10A NCAC 14B .0278 26:12 NCR
Single County Hospice Inpatient Bed Need Determination (R... 10A NCAC 14B .0279 26:12 NCR
Contiguous County Hospice Inpatient Bed Need Determination 10A NCAC 14B .0280 26:12 NCR
Psychiatric Bed Need Determination (Review Category C) 10A NCAC 14B .0281 26:12 NCR
Chemical Dependency (Substance Abuse) Treatment Bed... 10A NCAC 14B .0282 26:12 NCR
Chemical Dependency (Substance Abuse) Adult Detox-Only... 10A NCAC 14B .0283 26:12 NCR
Intermediate Care Beds for the Mentally Retarded Need Det... 10A NCAC 14B .0284 26:12 NCR
Policies for General Acute Care Hospitals 10ANCAC 14B .0285 26:12 NCR
Policies for Nursing Care Facilities 10ANCAC 14B .0289 26:12 NCR
Policies for Medicare-Certified Home Health Services 10ANCAC 14B .0291 26:12 NCR
Policy for Relocation of Dialysis Stations 10ANCAC 14B .0292 26:12 NCR
Policies for Psychiatric Inpatient Facilities 10ANCAC 14B .0293 26:12 NCR
Policy for Chemical Dependency Treatment Facilities 10ANCAC 14B .0294 26:12 NCR
Policies for Intermediate Care Facilities for Mentally Re... 10ANCAC 14B .0295 26:12 NCR
PUBLIC HEALTH, COMMISSION FOR
Control Measures - Hepatitis C 10ANCAC 41A .0214* 26:11 NCR
COSMETIC ART EXAMINERS, BOARD OF
APPROVED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1782
Control of Hearings 21NCAC 14B .0307* 26:11 NCR
Waivers 21NCAC 14B .0607* 26:11 NCR
Application for Shop License 21NCAC 14H .0201* 26:11 NCR
Newly Established Shops 21NCAC 14H .0203* 26:11 NCR
Dimensions of Cosmetic Art Shops 21NCAC 14H .0204 26:11 NCR
Water Supply 21NCAC 14H .0301 26: 11 NCR
Ventilation and Light 21NCAC 14H .0302* 26:11 NCR
Bathroom Facilities 21NCAC 14H .0303* 26:11 NCR
Equipment 21NCAC 14H .0304 26:11 NCR
Licensees and Students 21NCAC 14H .0401* 26:11 NCR
Cosmetic Art Shops and Schools 21NCAC 14H .0402* 26:11 NCR
Disinfections Procedures 21NCAC 14H .0403* 26:11 NCR
First Aid 21NCAC 14H .0404 26:11 NCR
Inspection of Cosmetic Art Shops 21NCAC 14H .0501* 26:11 NCR
Failure to Permit Inspection 21NCAC 14H .0502* 26:11 NCR
Sanitary Ratings and Posting of Ratings 21NCAC 14H .0503* 26:11 NCR
Systems of Grading Beauty Establishments 21 NCAC 14H .0504* 26:11 NCR
Rule Compliance and Enforcement Measures 21 NCAC 14H .0505* 26:11 NCR
Continuing Education 21NCAC 14R .0105* 26:11 NCR
LOCKSMITH LICENSING BOARD
Exemption from Examination 21NCAC 29 .0405 26:12 NCR
Protection of the Public Interest 21NCAC 29 .0503* 26:12 NCR
Requirements 21NCAC 29 .0802* 26:12 NCR
TITLE 10A – DEPARTMENT OF HEALTH AND HUMAN
SERVICES
10A NCAC 14B .0101 APPLICABILITY OF RULES
RELATED TO THE 1999 STATE MEDICAL FACILITIES
PLAN
10A NCAC 14B .0102 CERTIFICATE OF NEED
REVIEW CATEGORIES
10A NCAC 14B .0103 CERTIFICATE OF NEED
REVIEW SCHEDULE
10A NCAC 14B .0104 MULTI-COUNTY GROUPINGS
10A NCAC 14B .0105 SERVICE AREAS AND
PLANNING AREAS
10A NCAC 14B .0106 REALLOCATIONS AND
ADJUSTMENTS
10A NCAC 14B .0107 ACUTE CARE BED NEED
DETERMINATION (REVIEW CATEGORY A)
10A NCAC 14B .0108 REHABILITATION BED NEED
DETERMINATION (REVIEW CATEGORY E)
10A NCAC 14B .0109 AMBULATORY SURGICAL
FACILITIES NEED DETERMINATION (REVIEW
CATEGORY E)
10A NCAC 14B .0110 OPEN HEART SURGERY
SERVICES NEED DETERMINATIONS (REVIEW
CATEGORY H)
10A NCAC 14B .0111 HEART-LUNG BYPASS
MACHINES NEED DETERMINATION (REVIEW
CATEGORY H)
10A NCAC 14B .0112 FIXED CARDIAC
CATHETERIZATION EQUIPMENT AND FIXED
CARDIAC ANGIOPLASTY EQUIPMENT NEED
DETERMINATION (REVIEW CATEGORY J)
10A NCAC 14B .0113 MOBILE CARDIAC
CATHETERIZATION EQUIPMENT AND MOBILE
CARDIAC ANGIOPLASTY
EQUIPMENT NEED DETERMINATION (REVIEW
CATEGORY J)
10A NCAC 14B .0114 BURN INTENSIVE CARE
SERVICES NEED DETERMINATION (REVIEW
CATEGORY H)
10A NCAC 14B .0115 POSITRON EMISSION
TOMOGRAPHY SCANNERS NEED DETERMINATION
(REVIEW CATEGORY H)
10A NCAC 14B .0116 BONE MARROW
TRANSPLANTATION SERVICES NEED
DETERMINATION (REVIEW CATEGORY H)
10A NCAC 14B .0117 SOLID ORGAN
TRANSPLANTATION SERVICES NEED
DETERMINATION (REVIEW CATEGORY H)
10A NCAC 14B .0118 GAMMA KNIFE NEED
DETERMINATION (REVIEW CATEGORY H)
10A NCAC 14B .0119 LITHOTRIPTER NEED
APPROVED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1783
DETERMINATION (REVIEW CATEGORY H)
10A NCAC 14B .0120 RADIATION ONCOLOGY
TREATMENT CENTERS NEED DETERMINATION
(REVIEW CATEGORY H)
10A NCAC 14B .0121 MAGNETIC RESONANCE
IMAGING SCANNERS NEED DETERMINATION
(REVIEW CATEGORY H)
10A NCAC 14B .0122 NURSING CARE BED NEED
DETERMINATION (REVIEW CATEGORY B)
10A NCAC 14B .0123 HOME HEALTH AGENCY
OFFICE NEED DETERMINATION (REVIEW
CATEGORY F)
10A NCAC 14B .0124 DIALYSIS STATION NEED
DETERMINATION
10A NCAC 14B .0125 HOSPICE NEED
DETERMINATION (REVIEW CATEGORY F)
10A NCAC 14B .0126 HOSPICE INPATIENT
FACILITY BED NEED
DETERMINATION (REVIEW CATEGORY F)
10A NCAC 14B .0127 PSYCHIATRIC BED NEED
DETERMINATION (REVIEW CATEGORY C)
10A NCAC 14B .0128 CHEMICAL DEPENDENCY
(SUBSTANCE ABUSE) TREATMENT BED NEED
DETERMINATION (REVIEW CATEGORY C)
10A NCAC 14B .0129 INTERMEDIATE CARE BEDS
FOR THE MENTALLY RETARDED NEED
DETERMINATION (REVIEW CATEGORY C)
10A NCAC 14B .0130 POLICIES FOR GENERAL
ACUTE CARE HOSPITALS
10A NCAC 14B .0131 POLICIES FOR INPATIENT
REHABILITATION SERVICES
10A NCAC 14B .0132 POLICY FOR AMBULATORY
SURGICAL FACILITIES
10A NCAC 14B .0133 POLICY FOR PROVISION OF
HOSPITAL-BASED LONG-TERM NURSING CARE
10A NCAC 14B .0134 POLICY FOR NURSING CARE
BEDS IN CONTINUING CARE FACILITIES
10A NCAC 14B .0135 POLICY FOR DETERMINATION
OF NEED FOR ADDITIONAL NURSING BEDS IN
SINGLE PROVIDER COUNTIES
10A NCAC 14B .0136 POLICY FOR RELOCATION OF
CERTAIN NURSING FACILITY BEDS
10A NCAC 14B .0137 POLICY FOR HOME HEALTH
SERVICES
10A NCAC 14B .0138 POLICY FOR END-STAGE
RENAL DISEASE DIALYSIS SERVICES
10A NCAC 14B .0139 POLICIES FOR PSYCHIATRIC
INPATIENT FACILITIES
10A NCAC 14B .0140 POLICY FOR CHEMICAL
DEPENDENCY TREATMENT FACILITIES
10A NCAC 14B .0141 POLICIES FOR
INTERMEDIATE CARE FACILITIES FOR MENTALLY
RETARDED
History Note: Authority G.S. 131E-176(25); 131E-177(1);
131E-183(b);
Temporary Adoption Eff. January 1, 1999;
Temporary Amendment Eff. July 22, 1999;
Temporary Expired on October 12, 1999;
Eff. August 1, 2000;
Repealed Eff. April 1, 2012.
10A NCAC 14B .0150 APPLICABILITY OF RULES
RELATED TO THE 2000 STATE MEDICAL FACILITIES
PLAN
History Note: Authority G.S. 131E-176(25); 131E-177(1);
131E-183(b);
Temporary Adoption Eff. January 1, 2000;
Eff. April 1, 2001;
Repealed Eff. April 1, 2012.
10A NCAC 14B .0152 CERTIFICATE OF NEED
REVIEW SCHEDULE
10A NCAC 14B .0153 MULTI-COUNTY GROUPINGS
10A NCAC 14B .0154 SERVICE AREAS AND
PLANNING AREAS
10A NCAC 14B .0155 REALLOCATIONS AND
ADJUSTMENTS
10A NCAC 14B .0156 ACUTE CARE BED NEED
DETERMINATION (REVIEW CATEGORY A)
10A NCAC 14B .0157 REHABILITATION BED NEED
DETERMINATION (REVIEW CATEGORY E)
10A NCAC 14B .0158 AMBULATORY SURGICAL
FACILITIES NEED DETERMINATION (REVIEW
CATEGORY E)
10A NCAC 14B .0159 OPEN HEART SURGERY
SERVICES NEED DETERMINATIONS (REVIEW
CATEGORY H)
10A NCAC 14B .0160 HEART-LUNG BYPASS
MACHINES NEED DETERMINATION (REVIEW
CATEGORY H)
10A NCAC 14B .0161 FIXED CARDIAC
CATHETERIZATION EQUIPMENT AND FIXED
CARDIAC ANGIOPLASTY EQUIPMENT NEED
DETERMINATION (REVIEW CATEGORY J)
History Note: Authority G.S. 131E-176(25); 131E-177(1);
131E-177(I); 131E-183(b); 131E-183(1);
Temporary Adoption Eff. January 1, 2000;
Temporary Amendment Eff. August 17, 2000;
Eff. April 1, 2001;
Repealed Eff. April 1, 2012.
10A NCAC 14B .0163 BURN INTENSIVE CARE
SERVICES NEED DETERMINATION (REVIEW
CATEGORY H)
10A NCAC 14B .0164 POSITRON EMISSION
TOMOGRAPHY SCANNERS NEED DETERMINATION
(REVIEW CATEGORY H)
10A NCAC 14B .0165 BONE MARROW
TRANSPLANTATION SERVICES NEED
DETERMINATION (REVIEW CATEGORY H)
10A NCAC 14B .0166 SOLID ORGAN
TRANSPLANTATION SERVICES NEED
DETERMINATION (REVIEW CATEGORY H)
10A NCAC 14B .0167 GAMMA KNIFE NEED
DETERMINATION (REVIEW CATEGORY H)
APPROVED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1784
10A NCAC 14B .0168 LITHOTRIPTER NEED
DETERMINATION (REVIEW CATEGORY H)
10A NCAC 14B .0169 RADIATION ONCOLOGY
TREATMENT CENTERS NEED DETERMINATION
(REVIEW CATEGORY H)
10A NCAC 14B .0170 MAGNETIC RESONANCE
IMAGING SCANNERS NEED DETERMINATION
(REVIEW CATEGORY H)
10A NCAC 14B .0171 MAGNETIC RESONANCE
IMAGING SCANNERS NEED DETERMINATION FOR
PLANNING RADIATION ONCOLOGY TREATMENTS
(REVIEW CATEGORY H)
10A NCAC 14B .0172 NURSING CARE BED NEED
DETERMINATION (REVIEW CATEGORY B)
10A NCAC 14B .0173 DEMONSTRATION PROJECT
FOR CONTINUING CARE OF ADULTS WITH
DEVELOPMENTAL DISABILITIES AND THEIR AGING
CAREGIVERS (REVIEW CATEGORY J)
10A NCAC 14B .0174 HOME HEALTH AGENCY
OFFICE NEED DETERMINATION (REVIEW
CATEGORY F)
10A NCAC 14B .0175 DIALYSIS STATION NEED
DETERMINATION METHODOLOGY
10A NCAC 14B .0176 DIALYSIS STATION ADJUSTED
NEED DETERMINATION (REVIEW CATEGORY G)
10A NCAC 14B .0177 HOSPICE NEED
DETERMINATION (REVIEW CATEGORY F)
10A NCAC 14B .0178 HOSPICE INPATIENT
FACILITY BED NEED DETERMINATION (REVIEW
CATEGORY F)
10A NCAC 14B .0179 PSYCHIATRIC BED NEED
DETERMINATION (REVIEW CATEGORY C)
10A NCAC 14B .0180 CHEMICAL DEPENDENCY
(SUBSTANCE ABUSE) TREATMENT BED NEED
DETERMINATION (REVIEW CATEGORY C)
10A NCAC 14B .0181 INTERMEDIATE CARE BEDS
FOR THE MENTALLY RETARDED NEED
DETERMINATION (REVIEW CATEGORY C)
10A NCAC 14B .0182 POLICIES FOR GENERAL
ACUTE CARE HOSPITALS
10A NCAC 14B .0183 POLICIES FOR INPATIENT
REHABILITATION SERVICES
10A NCAC 14B .0184 POLICY FOR AMBULATORY
SURGICAL FACILITIES
10A NCAC 14B .0185 POLICY FOR PROVISION OF
HOSPITAL-BASED LONG-TERM NURSING CARE
10A NCAC 14B .0186 POLICY FOR PLAN
EXEMPTION FOR CONTINUING CARE RETIREMENT
COMMUNITIES
10A NCAC 14B .0187 POLICY FOR DETERMINATION
OF NEED FOR ADDITIONAL NURSING BEDS IN
SINGLE PROVIDER COUNTIES
10A NCAC 14B .0188 POLICY FOR RELOCATION OF
CERTAIN NURSING FACILITY BEDS
10A NCAC 14B .0189 POLICIES FOR HOME HEALTH
SERVICES
10A NCAC 14B .0190 POLICY FOR RELOCATION OF
DIALYSIS STATIONS
10A NCAC 14B .0191 POLICIES FOR PSYCHIATRIC
INPATIENT FACILITIES
10A NCAC 14B .0192 POLICY FOR CHEMICAL
DEPENDENCY TREATMENT FACILITIES
10A NCAC 14B .0193 POLICIES FOR
INTERMEDIATE CARE FACILITIES FOR MENTALLY
RETARDED
History Note: Authority G.S. 131E-176(25); 131E-177(1);
131E-183(b);
Temporary Adoption Eff. January 1, 2000;
Temporary Amendment Eff. August 17, 2000;
Eff. April 1, 2001;
Repealed Eff. April 1, 2012.
10A NCAC 14B .0194 EQUIPMENT NEED
DETERMINATIONS FOR 1996 SMFP (REVIEW
CATEGORY H)
10A NCAC 14B .0195 OPEN HEART SURGERY
SERVICES NEED DETERMINATIONS FOR 1996 SMFP
(REVIEW CATEGORY H)
History Note: Authority G.S. 131E-176(25); 131E-177(1);
131E-183(b);
Eff. August 1, 1998;
Repealed Eff. April 1, 2012.
10A NCAC 14B .0201 APPLICABILITY OF RULES
RELATED TO THE 2001 STATE MEDICAL FACILITIES
PLAN
10A NCAC 14B .0202 CERTIFICATE OF NEED
REVIEW SCHEDULE
10A NCAC 14B .0203 MULTI-COUNTY GROUPINGS
10A NCAC 14B .0204 SERVICE AREAS AND
PLANNING AREAS
10A NCAC 14B .0205 REALLOCATIONS AND
ADJUSTMENTS
10A NCAC 14B .0206 ACUTE CARE BED NEED
DETERMINATION (REVIEW CATEGORY A)
10A NCAC 14B .0207 REHABILITION BED NEED
DETERMINATION (REVIEW CATEGORY E)
History Note: Authority G.S. 131E-176(25); 131E-177(1);
131E-183(b); 131E-183(1);
Temporary Adoption Eff. January 1, 2001;
Temporary Amendment Eff. May 1, 2001;
Eff. August 1, 2002;
Repealed Eff. April 1, 2012.
10A NCAC 14B .0209 OPEN HEART SURGERY
SERVICES NEED DETERMINATIONS (REVIEW
CATEGORY H)
10A NCAC 14B .0210 HEART-LUNG BYPASS
MACHINES NEED DETERMINATION (REVIEW
CATEGORY H)
10A NCAC 14B .0211 FIXED CARDIAC
CATHETERIZATION EQUIPMENT AND FIXED
CARDIAC ANGIOPLASTY EQUIPMENT NEED
DETERMINATIONS (REVIEW CATEGORY H)
10A NCAC 14B .0212 SHARED FIXED CARDIAC
APPROVED RULES
26:21 NORTH CAROLINA REGISTER MAY 1, 2012
1785
CATHETERIZATION EQUIPMENT NEED
DETERMINATION (REVIEW CATEGORY H)
10A NCAC 14B .0213 BURN INTENSIVE CARE
SERVICES NEED DETERMINATION (REVIEW
CATEGORY H)
10A NCAC 14B .0214 POSITRON EMISSION
TOMOGRAPHY SCANNERS NEED DETERMINATION
(REVIEW CATEGORY H)
10A NCAC 14B .0215 BONE MARROW
TRANSPLANTATION SERVICES NEED
DETERMINATION (REVIEW CATEGORY H)
10A NCAC 14B .0216 SOLID ORGAN
TRANSPLANTATION SERVICES NEED
DETERMINATION (REVIEW CATEGORY H)
10A NCAC 14B .0217 GAMMA KNIFE UNIT NEED
DETERMINATION (REVIEW CATEGORY H)
10A NCAC 14B .0218 LITHOTRIPTER NEED
DETERMINATION (REVIEW CATEGORY H)
10A NCAC 14B .0219 RADIATION ONCOLOGY
TREATMENT CENTERS NEED DETERMINATION
(REVIEW CATEGORY H)
10A NCAC 14B .0220 MAGNETIC RESONANCE
IMAGING SCANNERS NEED DETERMINATION BASED
ON FIXED MRI SCANNER UTILIZATION (REVIEW
CATEGORY H)
10A NCAC 14B .0221 MAGNETIC RESONANCE
IMAGING SCANNERS NEED DETERMINATION BASED
ON MOBILE MRI SCANNER UTILIZATION (REVIEW
CATEGORY H)
10A NCAC 14B .0222 NURSING CARE BED NEED
DETERMINATION (REVIEW CATEGORY B)
10A NCAC 14B .0223 MEDICARE-CERTIFIED HOME
HEALTH AGENCY OFFICE NEED DETERMINATION
(REVIEW CATEGORY F)
10A NCAC 14B .0224 DIALYSIS NEED
DETERMINATION METHODOLOGY FOR REVIEWS
BEGINNING JANUARY 1, 2001
10A NCAC 14B .0225 DIALYSIS STATION NEED
DETERMINATION METHODOLOGY FOR REVIEWS
BEGINNING SEPTEMBER 1, 2001
10A NCAC 14B .0226 HOSPICE CARE NEED
DETERMINATION (REVIEW CATEGORY F)
10A NCAC 14B .0227 HOSPICE INPATIENT
FACILITY BED NEED DETERMINATION (REVIEW
CATEGORY F)
10A NCAC 14B .0228 PSYCHIATRIC BED NEED
DETERMINATION (REVIEW CATEGORY C)
10A NCAC 14B .0229 CHEMICAL DEPENDENCY
(SUBSTANCE ABUSE) TREATMENT BED NEED
DETERMINATION (REVIEW CATEGORY C)
10A NCAC 14B .0230 CHEMICAL DEPENDENCY
(SUBSTANCE ABUSE) ADULT DETOX-ONLY BED
NEED DETERMINATION (REVIEW CATEGORY C)
10A NCAC 14B .0231 INTERMEDIATE CARE BEDS
FOR THE MENTALLY RETARDED NEED
DETERMINATION (REVIEW CATEGORY C)
10A NCAC 14B .0232 POLICIES FOR GENERAL
ACUTE CARE HOSPITALS
10A NCAC 14B .0233 POLICIES FOR CARDIAC
CATHETERIZATION EQUIPMENT AND SERVICES
10A NCAC 14B .0234 POLICIES FOR
TRANSPLANTATION SERVICES
10A NCAC 14B .0235 POLICY FOR MRI SCANNERS
10A NCAC 14B .0236 POLICY FOR PROVISION OF
HOSPITAL-BASED LONG-TERM CARE NURSING
CARE
10A NCAC 14B .0237 POLICY FOR PLAN
EXEMPTION FOR CONTINUING CARE RETIREMENT
COMMUNITIES
10A NCAC 14B .0238 POLICY FOR DETERMINATION
OF NEED FOR ADDITIONAL NURSING BEDS IN
SINGLE PROVIDER COUNTIES
10A NCAC 14B .0239 POLICY FOR RELOCATION OF
CERTAIN NURSING FACILITY BEDS
10A NCAC 14B .0240 POLICY FOR TRANSFER OF
BEDS FROM STATE PSYCHIATRIC HOSPITAL
NURSING FACILITIES TO COMMUNITY FACILITIES
10A NCAC 14B .0241 POLICIES FOR RELOCATION
OF NURSING FACILITY BEDS
10A NCAC 14B .0242 POLICIES FOR MEDICARE-CERTIFIED
HOME HEALTH
SERVICES
10A NCAC 14B .0243 POLICY FOR RELOCATION OF
DIALYSIS STATIONS
10A NCAC 14B .0244 POLICIES FOR PSYCHIATRIC
INPATIENT FACILITIES
10A NCAC 14B .0245 POLICY FOR CHEMICAL
DEPENDENCY TREATMENT FACILITIES
10A NCAC 14B .0246 POLICIES FOR
INTERMEDIATE CARE FACILITIES FOR MENTALLY
RETARDED
History Note: Authority G.S. 131E-176(25); 131E-177(1);
131E-183(b);
Temporary Adoption Eff. January 1, 2001;
Eff. August 1, 2002;
Repealed Eff. April 1, 2012.
10A NCAC 14B .0251 APPLICABILITY OF RULES
RELATED TO THE 2002 STATE MEDICAL FACILITIES
PLAN
10A NCAC 14B .0252 CERTIFICATE OF NEED
REVIEW SCHEDULE
10A NCAC 14B .0253 MULTI-COUNTY GROUPINGS
10A NCAC 14B .0254 SERVICE AREAS AND
PLANNING AREAS
10A NCAC 14B .0255 REALLOCATIONS AND
ADJUSTMENTS
10A NCAC 14B .0256 ACUTE CARE BED NEED
DETERMINATION (REVIEW CATEGORY A)
10A NCAC 14B .0257 INPATIENT REHABILITATION
BED NEED DETERMINATION (REVIEW CATEGORY
E)
10A NCAC 14B .0258 OPERATING ROOM NEED
DETERMINATIONS (REVIEW CATEGORY E)
10A NCAC 14B .0259 OPEN HEART SURGERY
SERVICES NEED DETERMINATION (REVIEW
CATEGORY H)
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10A NCAC 14B .0260 HEART-LUNG BYPASS
MACHINES NEED DETERMINATIONS (REVIEW
CATEGORY H)
10A NCAC 14B .0261 FIXED CARDIAC
CATHETERIZATION/ANGIOPLASTY EQUIPMENT
NEED DETERMINATIONS (REVIEW CATEGORY H)
10A NCAC 14B .0262 SHARED FIXED CARDIAC
CATHETERIZATION/ANGIOPLASTY EQUIPMENT
NEED DETERMINATION (REVIEW CATEGORY H)
10A NCAC 14B .0263 BURN INTENSIVE CARE
SERVICES NEED DETERMINATION (REVIEW
CATEGORY H)
10A NCAC 14B .0264 BONE MARROW
TRANSPLANTATION SERVICES NEED
DETERMINATION (REVIEW CATEGORY H)
10A NCAC 14B .0265 SOLID ORGAN
TRANSPLANTATION SERVICES NEED
DETERMINATION (REVIEW CATEGORY H)
10A NCAC 14B .0266 GAMMA KNIFE NEED
DETERMINATION (REVIEW CATEGORY H)
10A NCAC 14B .0267 LITHOTRIPTER NEED
DETERMINATION (REVIEW CATEGORY H)
10A NCAC 14B .0268 RADIATION ONCOLOGY
TREATMENT CENTERS NEED DETERMINATION
(REVIEW CATEGORY H)
10A NCAC 14B .0269 POSITRON EMISSION
TOMOGRAPHY SCANNERS NEED DETERMINATION
(REVIEW CATEGORY H)
10A NCAC 14B .0270 FIXED MAGNETIC
RESONANCE IMAGING SCANNERS NEED
DETERMINATION BASED ON FIXED MRI SCANNER
UTILIZATION (REVIEW CATEGORY H)
10A NCAC 14B .0271 MAGNETIC RESONANCE
IMAGING SCANNERS NEED DETERMINATION FOR A
DEDICATED FIXED BREAST MRI SCANNER (REVIEW
CATEGORY H)
10A NCAC 14B .0272 FIXED MAGNETIC
RESONANCE IMAGING SCANNERS NEED
DETERMINATION BASED ON MOBILE MRI SCANNER
UTILIZATION (REVIEW CATEGORY H)
10A NCAC 14B .0273 NURSING CARE BED NEED
DETERMINATION (REVIEW CATEGORY B)
10A NCAC 14B .0274 ADULT CARE HOME BED
NEED DETERMINATION (REVIEW CATEGORY B)
10A NCAC 14B .0275 MEDICARE-CERTIFIED HOME
HEALTH AGENCY OFFICE NEED DETERMINATION
(REVIEW CATEGORY F)
10A NCAC 14B .0276 DIALYSIS STATION NEED
DETERMINATION METHODOLOGY FOR REVIEWS
BEGINNING APRIL 1, 2002
10A NCAC 14B .0277 DIALYSIS STATION NEED
DETERMINATION METHODOLOGY FOR REVIEWS
BEGINNING OCTOBER 1, 2002
10A NCAC 14B .0278 HOSPICE HOME CARE NEED
DETERMINATION (REVIEW CATEGORY F)
10A NCAC 14B .0279 SINGLE COUNTY HOSPICE
INPATIENT BED NEED DETERMINATION (REVIEW
CATEGORY F)
10A NCAC 14B .0280 CONTIGUOUS COUNTY
HOSPICE INPATIENT BED NEED DETERMINATION
(REVIEW CATEGORY F)
10A NCAC 14B .0281 PSYCHIATRIC BED NEED
DETERMINATION (REVIEW CATEGORY C)
10A NCAC 14B .0282 CHEMICAL DEPENDENCY
(SUBSTANCE ABUSE) TREATMENT BED NEED
DETERMINATION (REVIEW CATEGORY C)
10A NCAC 14B .0283 CHEMICAL DEPENDENCY
(SUBSTANCE ABUSE) ADULT DETOX-ONLY BED
NEED DETERMINATION (REVIEW CATEGORY C)
10A NCAC 14B .0284 INTERMEDIATE CARE BEDS
FOR THE MENTALLY RETARDED NEED
DETERMINATION (REVIEW CATEGORY C)
10A NCAC 14B .0285 POLICIES FOR GENERAL
ACUTE CARE HOSPITALS
History Note: Authority G.S. 131E-176(25); 131E-177(1);
131E-183(b); 131E-183(1);
Temporary Adoption Eff. January 1, 2002;
Temporary Amendment Eff. April 8, 2002; March 15, 2002;
Eff. April 1, 2003;
Repealed Eff. April 1, 2012.
10A NCAC 14B .0289 POLICIES FOR NURSING CARE
FACILITIES
History Note: Authority G.S. 131E-176(25); 131E-177(1);
131E-183(b);
Temporary Adoption Eff. January 1, 2002;
Eff. April 1, 2003;
Repealed Eff. April 1, 2012.
10A NCAC 14B .0291 POLICIES FOR MEDICARE-CERTIFIED
HOME HEALTH SERVICES
10A NCAC 14B .0292 POLICY FOR RELOCATION OF
DIALYSIS STATIONS
10A NCAC 14B .0293 POLICIES FOR PSYCHIATRIC
INPATIENT FACILITIES
10A NCAC 14B .0294 POLICY FOR CHEMICAL
DEPENDENCY TREATMENT FACILITIES
10A NCAC 14B .0295 POLICIES FOR
INTERMEDIATE CARE FACILITIES FOR MENTALLY
RETARDED
History Note: Authority G.S. 131E-176(25); 131E-177(1);
131E-183(b);
Temporary Adoption Eff. January 1, 2002;
Eff. April 1, 2003;
Repealed Eff. April 1, 2012.
* * * * * * * * * * * * * * * * * * * *
10A NCAC 41A .0214 CONTROL MEASURES –
HEPATITIS C
The following are the control measures for hepatitis C infection:
(1) Infected persons shall not:
(a) share needles or syringes, any other
drug-related equipment or
paraphernalia, or personal items, such
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as razors, that may be contaminated
with blood through previous use; or
(b) donate or sell blood, plasma,
platelets, or other blood products.
(2) Persons with acute hepatitis C infection shall:
(a) if the date of initial infection is
known, identify to the local health
director all needle partners since the
date of infection;
(b) if the date of initial infection is
unknown, identify persons who have
been needle partners during the
previous six months.
(3) The attending physician shall:
(a) advise all patients known to be at
high risk, including injection drug
users, hemodialysis patients, patients
who received blood transfusions or
solid organ transplants before July
1992, patients who received clotting
factor concentrates made before 1987,
persons with HIV infection, and
persons with known exposure to
hepatitis C, that they should be tested
for hepatitis C;
(b) advise infected persons of the
potential for transmission to others
via blood or body fluids;
(c) provide or recommend that the
infected patient seek medical
evaluation for the presence or
development of chronic liver disease;
and
(d) recommend that persons with chronic
hepatitis C receive hepatitis A and
hepatitis B vaccines unless
serological testing indicates that they
are immune to these infections by
virtue of past infection or vaccination.
(4) When a health care worker or other person has
a needlestick, non-intact skin, or mucous
membrane exposure to blood or body fluids
that would pose a significant risk of hepatitis C
transmission if the source were infected with
the hepatitis C virus, the following apply:
(a) When the source is known, the
attending physician or occupational
health care provider responsible for
the exposed person, if other than the
attending physician of the person
whose blood or body fluids is the
source of the exposure, shall notify
the attending physician of the source
that an exposure has occurred. The
attending physician of the source
person shall discuss the exposure
with the source and, unless the source
is already known to be infected, shall
test the source for hepatitis C virus
infection with or without consent
unless it reasonably appears that the
test cannot be performed without
endangering the safety of the source
person or the person administering
the test. If the source person cannot
be tested, an existing specimen of his
or her blood, if one exists, shall be
tested. The attending physician of the
source person shall notify the
attending physician of the exposed
person of the infection status of the
source.
(b) The attending physician of the
exposed person shall inform the
exposed person about the infection
status of the source and shall instruct
the exposed person regarding the
necessity for protecting
confidentiality. If the source person is
infected with hepatitis C virus or the
source person’s infection status is
unknown, the attending physician of
the exposed person shall advise the
exposed person to seek testing for
hepatitis C virus infection as soon as
possible and again four to six months
after the exposure. If the source
person was hepatitis C virus infected,
the attending physician shall inform
the exposed person of the measures
required in Sub-Items (1)(a) through
(b) of this Rule.
(5) The Centers for Disease Control and
Prevention (CDC) Nationally Notifiable
Diseases and Conditions (NNDC) Current
Case Definitions for Hepatitis C are hereby
incorporated by reference, including
subsequent amendments and editions. The
CDC NNDC may be accessed from the
internet at
(http://www.cdc.gov/osels/ph_surveillance/nn
dss/phs/infdis.htm). This document is also
available for inspection at the North Carolina
Division of Public Health, 1902 Mail Service
Center, Raleigh NC 27603.
History Note: Authority G.S. 130A-135; 130A-144;
Eff. April, 1, 2012.
TITLE 21 – OCCUPATIONAL LICENSING BOARDS AND
COMMISSIONS
CHAPTER 14 – BOARD OF COSMETIC ART
EXAMINERS
APPROVED RULES
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21 NCAC 14B .0307 CONTROL OF HEARINGS
(a) Purpose. The purpose of this Rule is to provide uniform
procedures for the conduct of public comment hearings.
(b) The presiding officer at the hearings shall have control of
the proceedings including the following:
(1) extension of any time requirements,
(2) recognition of speakers,
(3) time allotment for presentations, and
(4) direction of the flow of discussion and the
management of the hearing.
(c) The presiding officer at all times shall take care that each
person participating in the hearing is given an opportunity to
present views, data and comments.
(d) Public comment hearings shall be open to the public, and
members of the public shall be entitled to testify, subject to the
provisions of this Rule.
(e) Public comment hearing shall be open to print and electronic
media, subject to the following limitations by the board, or the
person designated by the board to preside over the hearing, when
such pooling are necessary to allow the hearing to go forward:
(1) Pooling of the number of media
representatives when their number and
equipment together with the number of
members of the public present exceeds the
capacity of the hearing room;
(2) Limitation on the placement of cameras to
specific locations within the hearing room; or
(3) Prohibition of interviews conducted within the
hearing room during the hearing.
(f) Public comment hearings shall be presided over by the board
or an individual knowledgeable in the subject area of the
proposed rules who has been designated by the chairman to
preside over the hearing.
(g) The person presiding over the hearing shall:
(1) Call the hearing to order;
(2) Identify the proposed rules which are the
subject matter of the hearing, and provide
copies of them upon request;
(3) Cause a recording of the hearing to be made;
(4) Establish speaker time limits;
(5) Recognize those who wish to be heard;
(6) If necessary, refuse to recognize people for
speaking, or revoke recognition of speakers;
(7) If necessary, limit the activity of the media;
(8) If necessary, continue or move the hearing;
and
(9) Adjourn or continue the hearing.
(h) The hearing shall be continued when:
(1) The weather is so inclement that it is
reasonable to conclude that people wishing to
attend the hearing are unable to do so;
(2) The chairman or the individual designated by
the chairman to preside over the hearing is ill
or unavoidably absent; or
(3) Continuing the hearing will facilitate greater
participation by the public.
(i) The hearing may be moved to another location when the
original location is not able to accommodate the number of
people who wish to attend the hearing.
(j) The hearing shall be continued past the scheduled time or to
another date when:
(1) The time available is not sufficient to give
each person who wishes to speak a reasonable
opportunity to do so; or
(2) The capacity of the room in which the hearing
is to be held does not accommodate the
number of people who wish to attend the
hearing and it is not possible to move the
hearing to another location.
(k) People who wish to speak about the rules which are the
subject matter of the hearing shall be asked to write on the
speaker's list their full names and if they represent other persons,
the identity of the persons represented.
(l) People who wish to speak shall be asked to provide the
information called for by Paragraph (k) of this Rule no later than
before the last speaker on the list has finished speaking.
(m) People whose names appear on the speaker's list shall be
afforded an opportunity to speak at the hearing within the limits
on public participation.
(n) Written comments must be submitted by the deadline listed
in the rule making notice.
(o) The person presiding over the hearing shall:
(1) Refuse to recognize for speaking or revoke the
recognition of any person who:
(A) Speaks or acts in an abusive or
disruptive manner; or
(B) Refuses to keep comments relevant to
the proposed rules which are the
subject matter of the hearing;
(2) Limit the duration of the hearing and limit the
amount of time each speaker may speak to a
time which allocates approximately equal
speaking time to each person shown on the
speaker's list as wishing to speak; and
(3) Limit presentations on behalf of the same
organization or entity to no more than three,
provided that all those representing such
organization or entity may enter their names
and addresses into the record as supporting the
position of the organization or entity.
History Note: Authority G.S. 88B-4; 143-318.4; 150B 21.2;
Eff. February 1, 1976;
Amended Eff. April 1, 2012.
21 NCAC 14B .0607 WAIVERS
(a) Individuals who wish to request a waiver of a rule shall
submit to the Board a written request which includes:
(1) The rule for which a waiver is requested;
(2) The reason for requesting the waiver along
with supporting documents;
(3) Evidence of how the waiver will provide for
the health and safety of the consumer or
licensee; and
(4) The signature of applicant.
(b) The Board shall approve a waiver request only if:
(1) The administrative rule for which the waiver is
being requested is not mandated by law; and
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(2) The Board finds that approval of the requested
waiver shall not jeopardize the health and
safety of employees or the public.
History Note: Authority G.S. 88B-4;
Eff. April 1, 2012.
21 NCAC 14H .0201 APPLICATION FOR SHOP
LICENSE
(a) Rules in this Subchapter apply to all cosmetic art shops
making initial application to operate a cosmetic art shop after the
effective date of these Rules.
(b) Shops licensed prior to March 1, 2012 may choose to
comply with Rules .0202, .0203(c), .0204 and .0301 of this
Subchapter.
(c) Shops licensed prior to March 1, 2012 must comply with
Rules .0201, .0203(a)-(b), .0302-.0304 and Sections .0400 and
.0500 of this Subchapter.
(d) Shops licensed prior to March 1, 2012 that make any
structural changes must come into compliance with all rules in
this Subchapter.
(e) Persons desiring to open a cosmetic art shop in the State of
North Carolina shall make application to the North Carolina
State Board of Cosmetic Art Examiner on the Board's
application form. Persons desiring to change ownership of a
cosmetic art shop, relocate or reopen a shop which has been
closed more than 90 days shall make application to the North
Carolina State Board of Cosmetic Art Examiner on the Board's
application form.
History Note: Authority G.S. 88B-2; 88B-4; 88B-14; 88B-22;
Eff. April 1, 2012.
21 NCAC 14H .0203 NEWLY ESTABLISHED SHOPS
(a) A cosmetic art shop shall be separate and apart from any
building or room used for any other business or purpose,
separated by a solid wall of at least seven feet in height and must
have a separate outside entrance.
(b) A newly established cosmetic art shop, shall be separate and
apart from any building or room used for living, dining or
sleeping and shall be separate and apart from any other room
used for any other purpose by a solid wall of ceiling height,
making separate and apart rooms used for a cosmetic art shop.
All entrances to the cosmetic art shop shall be through solid, full
length doors installed in solid walls of ceiling height.
(c) A residential cosmetic art shop shall furnish bathroom
facilities separate and apart from the residence.
(d) An entrance to a cosmetic art shop from a passageway,
walkway or mall area used only for access to the shop, or to the
shop and other businesses, may be open.
History Note: Authority G.S. 88B-2; 88B-4; 88B-14;
Eff. April 1, 2012.
21 NCAC 14H .0204 DIMENSIONS WITHIN
COSMETIC ART SHOPS
Within the clinic area each shop shall maintain no less than the
following working distances:
(1) 48 inches of space from the center to the
center of each styling chair, esthetics table or
manicuring table;
(2) 24 inches from the center of the chair forward;
(3) 48 inches from the backrest behind the chair to
any other styling chair, esthetics table or
manicuring table; and
(4) at least 30 inches of space from the back of
each styling chair, esthetics table or
manicuring table to the wall of the shop.
History Note: Authority G.S. 88B-2; 88B-4; 88B-14;
Eff. April 1, 2012.
21 NCAC 14H .0301 WATER SUPPLY
(a) Cosmetic art shops shall have a sink with hot and cold
running water in the clinic area, separate from restrooms.
(b) When a service is provided in a room closed off by a door,
the water supply required in this Rule must be within 20 feet of
the door or 25 feet from the service table or chair. The restroom
sink shall not be used to meet this requirement.
History Note: Authority G.S. 88B-2; 88B-4; 88B-14;
Eff. April 1, 2012.
21 NCAC 14H .0302 VENTILATION AND LIGHT
(a) Ventilation shall be provided at all times in the areas where
patrons are serviced in all cosmetic art shops and there must be a
continuous exchange of air.
(b) All doors and windows, if open for ventilation, must be
effectively screened.
(c) Light shall be provided in the service area.
(d) All cosmetic art shops must adhere to any federal, state and
local government regulation or ordinance regarding fire safety
codes, plumbing and electrical work.
History Note: Authority G.S. 88B-2; 88B-4; 88B-14;
Eff. April 1, 2012.
21 NCAC 14H .0303 BATHROOM FACILITIES
(a) Toilet and hand washing facilities consisting of at least one
commode and one hand washing sink with hot and cold running
water, liquid soap and individual clean towels or hand air dryer
shall be provided.
(b) Shops with an initial licensure date after March 1, 2012 must
have toilet and hand washing facilities in the bathroom.
History Note: Authority G.S. 88B-2; 88B-4; 88B-14;
Eff. April 1, 2012.
21 NCAC 14H .0304 EQUIPMENT
Cosmetic art shops shall maintain equipment and supplies to
safely perform any cosmetic art service offered in the shop.
History Note: Authority G.S. 88B-2; 88B-4; 88B-14;
Eff. April 1, 2012.
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21 NCAC 14H .0401 LICENSEES AND STUDENTS
(a) Each licensee and student shall wash his or her hands with
soap and water or an equally effective cleansing agent
immediately before and after serving each client.
(b) Each licensee and student shall wear clean garments and
shoes while serving patrons.
(c) Licensees or students must not use or possess in a cosmetic
art school or shop any of the following:
(1) Methyl Methacrylate Liquid Monomer a.k.a.
MMA;
(2) Razor-type callus shavers designed and
intended to cut growths of skin including but
not limited to skin tags, corns and calluses;
(3) FDA rated Class III devices;
(4) Carbolic acid (phenol) over two percent
strength;
(5) Animals including insects, fish, amphibians,
reptiles, birds or mammals to perform any
service; or
(6) Variable speed electrical nail file on the
natural nail unless it has been designed for use
on the natural nail.
(d) A licensee or student must not:
(1) Use any product, implement or piece of
equipment in any manner other than the
product, implement or equipment's intended
use as described or detailed by the
manufacturer;
(2) Diagnose any medical condition or treat any
medical condition unless referred by a
physician;
(3) Provide any service unless trained prior to
performing the service;
(4) Perform services on a client if the licensee has
reason to believe the client has any of the
following:
(A) a contagious condition or disease;
(B) an inflamed, infected, broken, raised
or swollen skin or nail tissue; or
(C) an open wound or sore in the area to
be worked on;
(5) Alter or duplicate a license issued by the
Board;
(6) Advertise or solicit clients in any form of
communication in a manner that is false or
misleading;
(7) Use any FDA rated Class II device without the
documented supervision of a licensed
physician; or
(8) Use any product that will penetrate the dermis.
(e) In using a disinfectant, the user shall wear any personal
protective equipment, such as gloves, recommended by the
manufacturer in the Material Safety Data Sheet.
History Note: Authority G.S. 88B-2; 88B-4; 88B-14;
Eff. April 1, 2012.
21 NCAC 14H .0402 COSMETIC ART SHOPS AND
SCHOOLS
(a) The cosmetic art facility shall be kept clean.
(b) Waste material shall be kept in receptacles with a disposable
liner. The area surrounding the waste receptacles shall be
maintained in a sanitary manner.
(c) All doors and windows shall be kept clean.
(d) Furniture, equipment, floors, walls, ceilings and fixtures
must be clean and in good repair.
(e) Animals or birds shall not be in a cosmetic art shop or
school. Fish in an enclosure and animals trained for the purpose
of accompanying disabled persons are exempt.
(f) Cosmetic art shops and schools shall designate the entrance
by a sign or lettering.
History Note: Authority G.S. 88B-2; 88B-4; 88B-14;
Eff. April 1, 2012.
21 NCAC 14H .0403 DISINFECTION PROCEDURES
(a) Sanitation rules which apply to towels and cloths are as
follows:
(1) Clean protective capes, drapes, linens and
towels shall be used for each patron;
(2) After a protective cape has been in contact
with a patron's neck it shall be placed in a
clean, closed container until laundered with
soap and hot water and dried in a heated dryer.
Capes that cannot be laundered and dried in a
heater dryer may be disinfected with an EPA
registered hospital grade disinfectant mixed
and used in accordance with the manufacturer
directions; and
(3) After a drape, linen or towel has been in
contact with a patron's skin it shall be placed
in a clean, covered container until laundered
with soap and hot water and dried in a heated
dryer. A covered container may have an
opening so soiled items may be dropped into
the container.
(b) Any paper or nonwoven protective drape or covering shall
be discarded after one use.
(c) There shall be a supply of clean protective drapes, linens and
towels at all times.
(d) Clean drapes, capes, linens, towels and all other supplies
shall be stored in a clean area.
(e) Bathroom facilities must be kept cleaned.
(f) All implements shall be cleaned and disinfected after each
use in the following manner:
(1) They shall be washed with warm water and a
cleaning solution and scrubbed to remove
debris and dried.
(2) They shall be disinfected in accordance with
the following:
(A) EPA registered
hospital/pseudomonacidal
(bactericidal, virucidal, and
fungicidal) or tuberculocidal that is
mixed and used according to the
manufacturer's directions. They shall
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be rinsed with hot tap water and dried
with a clean towel before their next
use. They shall be stored in a clean,
closed cabinet or container until they
are needed; or
(B) 1 and 1/3 cup of 5.25 percent
household bleach to one gallon of
water for 10 minutes. They shall be
rinsed with hot tap water and dried
with a clean towel before their next
use. They shall be stored in a clean,
closed cabinet or container until they
are needed; or
(C) UV-C, ultraviolet germicidal
irradiation used accordance with the
manufacturer's directions.
(3) If the implement is not immersible or is not
disinfected by UV-C irradiation, it shall be
cleaned by wiping it with a clean cloth
moistened or sprayed with a disinfectant EPA
registered, hospital/pseudomonacidal
(bactericidal, virucidal, and fungicidal) or
tuberculocidal, used in accordance with the
manufacturer's directions.
(4) Implements that come in contact with blood,
shall be disinfected by:
(A) disinfectant, used in accordance with
the manufacturer's instructions, that
states the solution will destroy HIV,
TB or HBV viruses and approved by
the Federal Environmental Protection
Agency; or
(B) EPA registered
hospital/pseudomonacidal
(bactericidal, virucidal, and
fungicidal) and tuberculocidal that is
mixed and used according to the
manufacturer's directions; or
(C) household bleach in a 10 percent
solution (1 and 2/3 cup of bleach to 1
gallon of water) for 10 minutes.
(g) All disinfected non-electrical implements shall be stored in a
clean closed cabinet or clean closed container.
(h) All disinfected electrical implements shall be stored in a
clean area.
(i) Disposable and porous implements and supplies must be
discarded after use or upon completion of the service.
(j) Product that comes into contact with the patron must be
discarded upon completion of the service.
(k) Clean, closable storage must be provided for all disinfected
implements not in use. Containers with open faces may be
covered/closed with plastic wrapping. Disinfected implements
must be kept in a clean closed cabinet or clean closed container
and must not be stored with any implement or item that has not
been disinfected.
(l) Lancets, disposable razors, and other sharp objects shall be
disposed in puncture-resistant containers.
(m) All creams, lotions, wax, cosmetics, and other products
dispensed to come in contact with patron's skin must be kept in
clean, closed containers, and must conform in all respects to the
requirements of the Pure Food and Drug Law. Any product
apportioned for use and removed from original containers must
be distributed in a sanitary manner that prevents contamination
of product or container. Any product dispensed in portions into
another container must be dispensed into a sanitized container
and applied to patrons by means of a disinfected or disposable
implement or other sanitized methods. Any product dispensed
in portions not dispensed into another container must be used
immediately and applied to patrons by means of a disinfected or
disposable implement or other sanitized methods. No product
dispensed in portions may be returned to the original container.
(n) As used in this Rule whirlpool or footspa means any basin
using circulating water.
(o) After use by each patron each whirlpool or footspa must be
cleaned and disinfected as follows:
(1) All water must be draine