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This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 NORTH CAROLINA REGISTER VOLUME 24 ● ISSUE 17 ● Pages 1497 – 1584 March 1, 2010 I. EXECUTIVE ORDERS Executive Order No. 46 .................................................................................. 1497 - 1499 Executive Order No. 47 .................................................................................. 1500 – 1501 II. IN ADDITION DENR/Division of Water Quality – Notice of Rescheduled Hearing............. 1502 Decision Letters on "Changes Affecting Voting" from US Attorney General 1503 Elections, Board of – Advisory Opinion......................................................... 1504 – 1507 III. PROPOSED RULES Environment and Natural Resources, Department of Environmental Management Commission ...................................................... 1508 – 1539 Occupational Licensing Boards and Commissions Electrolysis Examiners, Board of.................................................................... 1539 – 1559 Examiners of Speech and Language Pathologists and Audiologists, Bd. of ... 1559 – 1560 IV. APPROVED RULES........................................................................................ 1561 – 1576 Environment and Natural Resources, Department of Environmental Management Commission Health and Human Services, Department of Mental Health/DD/SAS, Commission for Insurance, Department of Insurance, Commissioner of Justice, Department of Alarm Systems Licensing Board Private Protective Services Board Occupational Licensing Boards and Commissions Dental Examiners, Board of Hearing Aid Dealers and Fitters Board Licensed Professional Counselors, Board of Substance Abuse Professional Practice Board Secretary of State, Department of the Securities Division V. CONTESTED CASE DECISIONS Index to ALJ Decisions ...................................................................................... 1577 – 1584 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 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: Jim Blackburn jim.blackburn@ncacc.org 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 Governor’s Review Edwin M. Speas, Jr. edwin.speas@nc.gov General Counsel to the Governor (919) 733-5811 116 West Jones Street 20301 Mail Service Center Raleigh, North Carolina 27699-0301 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 2010 – December 2010 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 24:13 01/04/10 12/09/09 01/19/10 03/05/10 03/22/10 05/01/10 05/12/10 10/01/10 24:14 01/15/10 12/22/09 01/30/10 03/16/10 03/22/10 05/01/10 05/12/10 10/12/10 24:15 02/01/10 01/08/10 02/16/10 04/05/10 04/20/10 06/01/10 01/26/11 10/29/10 24:16 02/15/10 01/25/10 03/02/10 04/16/10 04/20/10 06/01/10 01/26/11 11/12/10 24:17 03/01/10 02/08/10 03/16/10 04/30/10 05/20/10 07/01/10 01/26/11 11/26109 24:18 03/15/10 02/22/10 03/30/10 05/14/10 05/20/10 07/01/10 01/26/11 12/10/10 24:19 04/01/10 03/11/10 04/16/10 06/01/10 06/21/10 08/01/10 01/26/11 12/27/10 24:20 04/15/10 03/24/10 04/30/10 06/14/10 06/21/10 08/01/10 01/26/11 01/10/11 24:21 05/03/10 04/12/10 05/18/10 07/02/10 07/20/10 09/01/10 01/26/11 01/28/11 24:22 05/17/10 04/26/10 06/01/10 07/16/10 07/20/10 09/01/10 01/26/11 02/11/11 24:23 06/01/10 05/10/10 06/16/10 08/02/10 08/20/10 10/01/10 01/26/11 02/26/11 24:24 06/15/10 05/24/10 06/30/10 08/16/10 08/20/10 10/01/10 01/26/11 03/12/11 25:01 07/01/10 06/10/10 07/16/10 08/30/10 09/20/10 11/01/10 01/26/11 03/28/11 25:02 07/15/10 06/23/10 07/30/10 09/13/10 09/20/10 11/01/10 01/26/11 04/11/11 25:03 08/02/10 07/12/10 08/17/10 10/01/10 10/20/10 12/01/10 01/26/11 04/29/11 25:04 08/16/10 07/26/10 08/31/10 10/15/10 10/20/10 12/01/10 01/26/11 05/13/11 25:05 09/01/10 08/11/10 09/16/10 11/01/10 11/22/10 01/01/11 01/26/11 05/29/11 25:06 09/15/10 08/24/10 09/30/10 11/15/10 11/22/10 01/01/11 01/26/11 06/12/11 25:07 10/01/10 09/10/10 10/16/10 11/30/10 12/20/10 02/01/11 05/2012 06/28/11 25:08 10/15/10 09/24/10 10/30/10 12/14/10 12/20/10 02/01/11 05/2012 07/12/11 25:09 11/01/10 10/11/10 11/16/10 01/03/11 01/20/11 03/01/11 05/2012 07/29/11 25:10 11/15/10 10/22/10 11/30/10 01/14/11 01/20/11 03/01/11 05/2012 08/12/11 25:11 12/01/10 11/05/10 12/16/10 01/31/11 02/21/11 04/01/11 05/2012 08/28/11 25:12 12/15/10 11/22/10 12/30/10 02/14/11 02/21/11 04/01/11 05/2012 09/11/11 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. EXECUTIVE ORDERS 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1497 EXECUTIVE ORDERS 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1498 EXECUTIVE ORDERS 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1499 EXECUTIVE ORDERS 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1500 EXECUTIVE ORDERS 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1501 IN ADDITION 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1502 NOTICE OF RESCHEDULED HEARING 15A NCAC 02B .0225 OUTSTANDING RESOURCE WATERS 15A NCAC 02B .0307 NEW RIVER BASIN A Notice of Text was previously published in the 24:14 issue of the NC Register for proposed amendments to these rules. The notice included a public hearing scheduled for February 1, 2010, as well as a comment period ending March 16, 2010. This public hearing was cancelled. Due to the cancellation of this public hearing, a public hearing has been rescheduled for March 16, 2010, at 6:30 p.m. at the Ashe Family Central cafeteria located at 626 Ashe Central School Road, Jefferson, NC. All previously submitted comments will be considered and comments will continue to be accepted through April 30, 2010. Written comments can be sent to the attention of Jamie McNees to either the postal address, email or fax number listed in this notice. Address: Jamie McNees DENR/Division of Water Quality/Planning Section 1617 Mail Service Center Raleigh, NC 27699-1617 Fax: (919) 807-6497 Jamie.McNees@ncdenr.gov IN ADDITION 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1503 IN ADDITION 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1504 IN ADDITION 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1505 IN ADDITION 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1506 IN ADDITION 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1507 PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1508 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. Notice is hereby given in accordance with G.S. 150B-21.2 that the Environmental Management Commission intends to adopt the rules cited as 15A NCAC 02D .0961-.0968, amend the rules cited as 15A NCAC 02D .0530-.0531, .0902, .0909, .0922, .0923, .0935, .0951-.0952; 02Q .0306, and repeal the rules cited as 15A NCAC 02D .0917, .0920-.0921, .0934, .0936. Proposed Effective Date: July 1, 2010 Public Hearing: Date: April 27, 2010 Time: 6:00 p.m. Location: Mecklenburg Government Center, Room CH-14, 600 E. 4th Street, Charlotte, NC 28202 Date: April 29, 2010 Time: 6:00 p.m. Location: DENR-Division of Air Quality, Central Office, Air Quality Annex Training Room (AQ-526), 2728 Capital Blvd, Raleigh, NC 27604 Reason for Proposed Action: Hearing 1: 15A NCAC 02D .0530, Prevention of Significant Deterioration, is proposed for amendment, to clarify that installation of BACT applies to all new natural gas-fired electrical utility generating units for which cost recovery is sought under the Clean Smokestacks Act. Amendments to Rule 15A NCAC 02D .0531, Sources in Nonattainment Areas, is proposed for amendment to remove pollutant specific references that require sources to continue measures after an area's redesignation to attainment and replace description of nonattainment areas with reference to 40 CFR 81.334 that identifies nonattainment areas. Hearing 2: 15A NCAC 02D .0900, Volatile Organic Compounds, is proposed for amendment to incorporate EPA Control Techniques Guidelines concerning what types of controls could constitute RACT for eleven source categories to comply with the requirements of Sections 172(c)(1) and 182(b)(2). 1. Amendments to 15A NCAC 02D Rules - .0909 Compliance Schedules for Sources in Nonattainment Areas; .0922, Metal Furniture Coatings; .0923, Surface Coating of Large Appliance Parts; .0935, Factory Surface Coating Of Flat Wood Paneling; .0902, Applicability; .0951, Miscellaneous Volatile Organic Compound Emissions, .0952 Petition for Alternative Controls for RACT. Also proposes amendments to 15A NCAC 02Q .0306, Permits Requiring Public Participation. 2. Adoptions of the Rules to 15A NCAC 02D Rules - .0961, Offset Lithographic Printing and Letterpress Printing; .0962, Industrial Cleaning Solvents; .0963, Fiberglass Boat Manufacturing; .0964, Miscellaneous Industrial Adhesives; .0965, Flexible Package Printing; .0966, Paper, Film and Foil Coatings; .0967, Miscellaneous Metal and Plastic Parts Coatings; .0968, Automobile and Light-Duty Truck Assembly Coatings. 3. Repeals of the current 15A NCAC 02D Rules - .0917, Automobile and Light-duty Truck Manufacturing; .0921, Fabric and Vinyl Coating; .0920, Paper Coating; .0934, Coating of Miscellaneous Metal Parts and Products; and .0936, Graphic Arts. Procedure by which a person can object to the agency on a proposed rule: Mail a letter including your specific reasons to: Mr. Michael Abraczinskas, Division of Air Quality, 1641 Mail Service Center, Raleigh, NC 27699-1641. Comments may be submitted to: Michael Abraczinskas, Division of Air Quality, 1641 Mail Service Center, Raleigh, NC 27699-1641, phone (919)715-3473, fax (919)715-7476, email Michael.abraczinskas@ncdenr.gov Comment period ends: April 30, 2010 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: A copy of the fiscal note can be obtained from the agency. State Local – 15A NCAC 02D .0530-.0531 Substantial Economic Impact (>$3,000,000) None – 15A NCAC 02D, .0902, .0909, .0917, .0920- .0921, .0922, .0923, .0935, .0934, .0936, .0951-.0952, .0961- .0968; 02Q .0306 PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1509 Fiscal Note posted at http://www.osbm.state.nc.us/pdf_files/DENR110609.pdf TITLE 15A – DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CHAPTER 02 - ENVIRONMENTAL MANAGEMENT SUBCHAPTER 02D - AIR POLLUTION CONTROL REQUIREMENTS SECTION .0500 - EMISSION CONTROL STANDARDS 15A NCAC 02D .0530 PREVENTION OF SIGNIFICANT DETERIORATION (a) The purpose of the Rule is to implement a program for the prevention of significant deterioration of air quality as required by 40 CFR 51.166. (b) For the purposes of this Rule the definitions contained in 40 CFR 51.166(b) and 40 CFR 51.301 shall apply except the definition of "baseline actual emissions." (1) "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated new source review (NSR) pollutant, as determined in accordance with Parts (A) through (C) of this Subparagraph: (A) For an existing emissions unit, baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5- year period immediately preceding the date that a complete permit application is received by the Division for a permit required under this Rule. The Director shall allow a different time period, not to exceed 10 years immediately preceding the date that a complete permit application is received by the Division, if the owner or operator demonstrates that it is more representative of normal source operation. For the purpose of determining baseline actual emissions, the following shall apply: (i) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (ii) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period. (iii) For an existing emission unit (other than an electric utility steam generating unit), the average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply. However, if the State has taken credit in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G) for an emission limitation that is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under part 63 of the Code of Federal Regulations, the baseline actual emissions shall be adjusted to account for such emission reductions. (iv) For an electric utility steam generating unit, the average rate shall be adjusted downward to reflect any emissions reductions under G. S. 143-215.107D and for which cost recovery is sought pursuant to G. S. 62- 133.6. (v) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period for each regulated NSR pollutant can be used for each regulated NSR pollutant. (vi) The average rate shall not be based on any consecutive 24-month period for which there is inadequate PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1510 information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparts (ii) and (iii) of this Part. (B) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. (C) For a plantwide applicability limit (PAL) for a stationary source, the baseline actual emissions shall be calculated for existing emissions units in accordance with the procedures contained in Part (A) of this Subparagraph, and for a new emissions unit in accordance with the procedures contained in Part (B) of this Subparagraph. (2) In the definition of "net emissions increase," the reasonable period specified in 40 CFR 51.166(b)(3)(ii) shall be seven years. (3) The limitation specified in 40 CFR 51.166(b)(15)(ii) shall not apply. (c) All areas of the State shall be classified as Class II except that the following areas are Class I: (1) Great Smoky Mountains National Park; (2) Joyce Kilmer Slickrock National Wilderness Area; (3) Linville Gorge National Wilderness Area; (4) Shining Rock National Wilderness Area; (5) Swanquarter National Wilderness Area. (d) Redesignations of areas to Class I or II may be submitted as state proposals to the Administrator of the Environmental Protection Agency (EPA), if the requirements of 40 CFR 51.166(g)(2) are met. Areas may be proposed to be redesignated as Class III, if the requirements of 40 CFR 51.166(g)(3) are met. Redesignations may not, however, be proposed which would violate the restrictions of 40 CFR 51.166(e). Lands within the boundaries of Indian Reservations may be redesignated only by the appropriate Indian Governing Body. (e) In areas designated as Class I, II, or III, increases in pollutant concentration over the baseline concentration shall be limited to the values set forth in 40 CFR 51.166(c). However, concentration of the pollutant shall not exceed standards set forth in 40 CFR 51.166(d). (f) Concentrations attributable to the conditions described in 40 CFR 51.166(f)(1) shall be excluded in determining compliance with a maximum allowable increase. However, the exclusions referred to in 40 CFR 51.166(f)(1)(i) or (ii) shall be limited to five years as described in 40 CFR 51.166(f)(2). (g) Major stationary sources and major modifications shall comply with the requirements contained in 40 CFR 51.166(i) and (a)(7) and by extension in 40 CFR 51.166(j) through (o) and (w). The transition provisions allowed by 40 CFR 52.21 (i)(11)(i) and (ii) and (m)(1)(vii) and (viii) are hereby adopted under this Rule. The minimum requirements described in the portions of 40 CFR 51.166 referenced in this Paragraph are hereby adopted as the requirements to be used under this Rule, except as otherwise provided in this Rule. Wherever the language of the portions of 40 CFR 51.166 referenced in this Paragraph speaks of the "plan," the requirements described therein shall apply to the source to which they pertain, except as otherwise provided in this Rule. Whenever the portions of 40 CFR 51.166 referenced in this Paragraph provide that the State plan may exempt or not apply certain requirements in certain circumstances, those exemptions and provisions of nonapplicability are also hereby adopted under this Rule. However, this provision shall not be interpreted so as to limit information that may be requested from the owner or operator by the Director as specified in 40 CFR 51.166(n)(2). (h) New natural gas-fired electrical utility generating units for which cost recovery is sought pursuant to G.S. 62-133.6 shall install best available control technology for NOX and SO2. SO2, regardless of applicability of the rest of this Rule. (i) 40 CFR 51.166(w)(10)(iv)(a) is changed to read: "If the emissions level calculated in accordance with Paragraph (w)(6) of this Section is equal to or greater than 80 percent of the PAL [plant wide applicability limit] level, the Director shall renew the PAL at the same level." 40 CFR 51.166(w)(10)(iv)(b) is not incorporated by reference. (j) 15A NCAC 02Q .0102 and .0302 are not applicable to any source to which this Rule applies. The owner or operator of the sources to which this Rule applies shall apply for and receive a permit as required in 15A NCAC 02Q .0300 or .0500. (k) When a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification to emit a pollutant, such as a restriction on hours of operation, then the provisions of this Rule shall apply to the source or modification as though construction had not yet begun on the source or modification. (l) The provisions of 40 CFR 52.21(r)(2) regarding the period of validity of approval to construct are incorporated by reference except that the term "Administrator" is replaced with "Director". (m) Volatile organic compounds exempted from coverage in 40 CFR 51.100(s) shall also be exempted when calculating source applicability and control requirements under this Rule. (n) The degree of emission limitation required for control of any air pollutant under this Rule shall not be affected in any manner by: (1) that amount of a stack height, not in existence before December 31, 1970, that exceeds good engineering practice; or (2) any other dispersion technique not implemented before then. (o) A substitution or modification of a model as provided for in 40 CFR 51.166(l) shall be subject to public comment procedures in accordance with the requirements of 40 CFR 51.102. (p) Permits may be issued on the basis of innovative control technology as set forth in 40 CFR 51.166(s)(1) if the requirements of 40 CFR 51.166(s)(2) have been met, subject to PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1511 the condition of 40 CFR 51.166(s)(3), and with the allowance set forth in 40 CFR 51.166(s)(4). (q) If a source to which this Rule applies impacts an area designated Class I by requirements of 40 CFR 51.166(e), notice to EPA will be provided as set forth in 40 CFR 51.166(p)(1). If the Federal Land Manager presents a demonstration described in 40 CFR 51.166(p)(3) during the public comment period or public hearing to the Director and if the Director concurs with this demonstration, the permit application shall be denied. Permits may be issued on the basis that the requirements for variances as set forth in 40 CFR 51.166(p)(4), (p)(5) and (p)(7), or (p)(6) and (p)(7) have been satisfied. (r) A permit application subject to this Rule shall be processed in accordance with the procedures and requirements of 40 CFR 51.166(q). Within 30 days of receipt of the application, applicants shall be notified if the application is complete as to initial information submitted. Commencement of construction before full prevention of significant deterioration approval is obtained constitutes a violation of this Rule. (s) Approval of an application with regard to the requirements of this Rule shall not relieve the owner or operator of the responsibility to comply fully with applicable provisions of other rules of this Subchapter or Subchapter 02Q of this Title and any other requirements under local, state, or federal law. (t) When a source or modification subject to this Rule may affect the visibility of a Class I area named in Paragraph (c) of this Rule, the following procedures shall apply: (1) The Director shall provide written notification to all affected Federal Land Managers within 30 days of receiving the permit application or within 30 days of receiving advance notification of an application. The notification shall be at least 30 days prior to the publication of notice for public comment on the application. The notification shall include a copy of all information relevant to the permit application including an analysis provided by the source of the potential impact of the proposed source on visibility. (2) The Director shall consider any analysis concerning visibility impairment performed by the Federal Land Manager if the analysis is received within 30 days of notification. If the Director finds that the analysis of the Federal Land Manager fails to demonstrate to his satisfaction that an adverse impact on visibility will result in the Class I area, the Director shall provide in the notice of public hearing on the application, an explanation of his decision or notice as to where the explanation can be obtained. (3) The Director may require monitoring of visibility in or around any Class I area by the proposed new source or modification when the visibility impact analysis indicates possible visibility impairment. (u) If the owner or operator of a source is using projected actual emissions to avoid applicability of prevention of significant deterioration requirements, the owner or operator shall notify the Director of the modification before beginning actual construction. The notification shall include: (1) a description of the project, (2) identification of sources whose emissions could be affected by the project, (3) the calculated projected actual emissions and an explanation of how the projected actual emissions were calculated, including identification of emissions excluded by 40 CFR 51.166(b)(40)(ii)(c), (4) the calculated baseline actual emissions and an explanation of how the baseline actual emissions were calculated, and (5) any netting calculations if applicable. If upon reviewing the notification, the Director finds that the project will cause a prevention of significant deterioration evaluation, then the Director shall notify the owner or operator of his findings. The owner or operator shall not make the modification until it has received a permit issued pursuant to this Rule. If a permit revision is not required pursuant to this rule, the owner or operator shall maintain records of annual emissions in tons per year, on a calendar year basis related to the modifications for 10 years following resumption of regular operations after the change if the project involves increasing the emissions unit's design capacity or its potential to emit the regulated NSR pollutant; otherwise these records shall be maintained for five years following resumption of regular operations after the change. The owner or operator shall submit a report to the director within 60 days after the end of each year during which these records must be generated. The report shall contain the items listed in 40 CFR 51.166(r)(6)(v)(a) through (c). The owner or operator shall make the information documented and maintained under this Paragraph available to the Director or the general public pursuant to the requirements in 40 CFR 70.4(b)(3)(viii). (v) The reference to the Code of Federal Regulations (CFR) in this Rule are incorporated by reference unless a specific reference states otherwise. The version of the Code of Federal Regulations incorporated in this Rule is that as of June 13, 2007. 2007 except those provisions noticed as stayed in 69 FR 40274, and does not include any subsequent amendments or editions to the referenced material. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3); 143- 215.107(a)(5); 143-215.107(a)(7); 143-215.108(b); 150B-21.6. 15A NCAC 02D .0531 SOURCES IN NONATTAINMENT AREAS (a) For the purpose of this Rule the definitions contained in 40 CFR 51.165(a)(1) and 40 CFR 51.301 shall apply except the definition of "baseline actual emissions." (1) "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated new source review (NSR) pollutant, as determined in accordance with Parts (A) through (C) of this Subparagraph: (A) For an existing emissions unit, baseline actual emissions means the average rate, in tons per year, at PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1512 which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5- year period immediately preceding the date that a complete permit application is received by the Division for a permit required under this Rule. The Director shall allow a different time period, not to exceed 10 years immediately preceding the date that a complete permit application is received by the Division, if the owner or operator demonstrates that it is more representative of normal source operation. For the purpose of determining baseline actual emissions, the following shall apply: (i) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (ii) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period. (iii) For an existing emission unit (other than an electric utility steam generating unit), the average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply. However, if the State has taken credit in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G) for an emission limitation that is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under part 63 of the Code of Federal Regulations, the baseline actual emissions shall be adjusted to account for such emission reductions. (iv) For an electric utility steam generating unit, the average rate shall be adjusted downward to reflect any emissions reductions under G.S. 143-215.107D and for which cost recovery is sought pursuant to G.S. 62- 133.6. (v) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period for each regulated NSR pollutant. (vi) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparts (ii) and (iii) of this Part. (B) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. (C) For a plantwide applicability limit (PAL) for a stationary source, the baseline actual emissions shall be calculated for existing emissions units in accordance with the procedures contained in Part (A) of this Subparagraph, and for a new emissions unit in accordance with the procedures contained in Part (B) of this Subparagraph. (2) In the definition of "net emissions increase," the reasonable period specified in 40 CFR 51.165(a)(1)(vi)(C)(1) shall be seven years. (b) Redesignation to Attainment. If any county or part of a county to which this Rule applies is later designated in 40 CFR 81.334 as attainment for ozone or carbon monoxide, all sources PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1513 in that county subject to this Rule before the redesignation date shall continue to comply with this Rule. (c) Applicability. 40 CFR 51.165(a)(2) is incorporated by reference. This Rule applies to areas designated as nonattainment in 40 CFR 81.334, including any subsequent amendments or editions. the following areas: (1) Ozone Nonattainment Areas, to major stationary sources and major modifications of sources of volatile organic compounds or nitrogen oxides for which construction commences after the area in which the source is located is designated according to Part (A) or (B) of this Subparagraph: (A) areas designated in 40 CFR 81.334 as nonattainment for ozone, or (B) any of the following areas and in that area only when the Director notices in the North Carolina Register that the area is in violation of the ambient air quality standard for ozone: (i) Charlotte/Gastonia, consisting of Mecklenburg and Gaston Counties; with the exception allowed under Paragraph (l) of this Rule; (ii) Greensboro/Winston- Salem/High Point, consisting of Davidson, Forsyth, and Guilford Counties and that part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River; or (iii) Raleigh/Durham, consisting of Durham and Wake Counties and Dutchville Township in Granville County. Violations of the ambient air quality standard for ozone shall be determined according to 40 CFR 50.9. (2) Carbon Monoxide Nonattainment Areas. This Rule applies to major stationary sources and major modifications of sources of carbon monoxide located in areas designated in 40 CFR 81.334 as nonattainment for carbon monoxide and for which construction commences after the area in which the source is located is listed in 40 CFR 81.334 as nonattainment for carbon monoxide. (d) This Rule is not applicable to: (1) complex sources of air pollution regulated only under Section .0800 of this Subchapter and not under any other rule in this Subchapter; (2) emission of pollutants at the new major stationary source or major modification located in the nonattainment area that are pollutants other than the pollutant or pollutants for which the area is nonattainment. (A major stationary source or major modification that is major for volatile organic compounds or nitrogen oxides is also major for ozone.); (3) emission of pollutants for which the source or modification is not major; (4) a new source or modification that qualifies for exemption under the provision of 40 CFR 51.165(a)(4); or (5) emission of compounds listed under 40 CFR 51.100(s) as having been determined to have negligible photochemical reactivity except carbon monoxide. (e) 15A NCAC 02Q .0102 and .0302 are not applicable to any source to which this Rule applies. The owner or operator of the source shall apply for and receive a permit as required in 15A NCAC 02Q .0300 or .0500. (f) To issue a permit to a source to which this Rule applies, the Director shall determine that the source meets the following requirements: (1) The new major stationary source or major modification will emit the nonattainment pollutant at a rate no more than the lowest achievable emission rate; (2) The owner or operator of the proposed new major stationary source or major modification has demonstrated that all major stationary sources in the State that are owned or operated by this person (or any entity controlling, controlled by, or under common control with this person) are subject to emission limitations and are in compliance, or on a schedule for compliance that is federally enforceable or contained in a court decree, with all applicable emission limitations and standards of this Subchapter that EPA has authority to approve as elements of the North Carolina State Implementation Plan for Air Quality; (3) The owner or operator of the proposed new major stationary source or major modification will obtain sufficient emission reductions of the nonattainment pollutant from other sources in the nonattainment area so that the emissions from the new major source and associated new minor sources will be less than the emissions reductions by a ratio of at least 1.00 to 1.15 for volatile organic compounds and nitrogen oxides and by a ratio of less than one to one for carbon monoxide. The baseline for this emission offset shall be the actual emissions of the source from which offset credit is obtained. Emission reductions shall not include any reductions resulting from compliance (or scheduled compliance) with applicable rules in effect before the application. The difference PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1514 between the emissions from the new major source and associated new minor sources of carbon monoxide and the emission reductions shall be sufficient to represent reasonable further progress toward attaining the National Ambient Air Quality Standards. The emissions reduction credits shall also conform to the provisions of 40 CFR 51.165(a)(3)(ii)(A) through (G) and (J); and (4) The North Carolina State Implementation Plan for Air Quality is being carried out for the nonattainment area in which the proposed source is located. (g) New natural gas-fired electrical utility generating units for which cost recovery is sought pursuant to G.S. 62-133.6 shall install lowest achievable emission rate technology for NOX and SO2. SO2, regardless of the applicability of the rest of this Rule. (h) 40 CFR 51.165(f) is incorporated by reference except that 40 CFR 51.165(f)(10)(iv)(A) is changed to read: "If the emissions level calculated in accordance with Paragraph (f)(6) of this Section is equal to or greater than 80 percent of the PAL level, the Director shall renew the PAL at the same level." 40 CFR 51.165(f)(10)(iv)(B) is not incorporated by reference. (i) When a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation established after August 7, 1980, on the capacity of the source or modification to emit a pollutant, such as a restriction on hours of operation, then the provisions of this Rule shall apply to the source or modification as though construction had not yet begun on the source or modification. (j) To issue a permit to a source of a nonattainment pollutant, the Director shall determine, in addition to the other requirements of this Rule, that an analysis (produced by the permit applicant) of alternative sites, sizes, production processes, and environmental control techniques for the source demonstrates that the benefits of the source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification. (k) The provisions of 40 CFR 52.21(r)(2) regarding the period of validity of approval to construct are incorporated by reference except that the term "Administrator" is replaced with "Director". (l) Approval of an application regarding the requirements of this Rule shall not relieve the owner or operator of the responsibility to comply fully with applicable provisions of other rules of this Chapter and any other requirements under local, state, or federal law. (m) When a source or modification subject to this Rule may affect the visibility of a Class I area named in Paragraph (c) of Rule .0530 of this Section, the following procedures shall be followed: (1) The owner or operator of the source shall provide an analysis of the impairment to visibility that would occur because of the source or modification and general commercial, industrial and other growth associated with the source or modification; (2) The Director shall provide written notification to all affected Federal Land Managers within 30 days of receiving the permit application or within 30 days of receiving advance notification of an application. The notification shall be at least 30 days before the publication of the notice for public comment on the application. The notification shall include a copy of all information relevant to the permit application including an analysis provided by the source of the potential impact of the proposed source on visibility; (3) The Director shall consider any analysis concerning visibility impairment performed by the Federal Land Manager if the analysis is received within 30 days of notification. If the Director finds that the analysis of the Federal Land Manager fails to demonstrate to his satisfaction that an adverse impact on visibility will result in the Class I area, the Director shall provide in the notice of public hearing on the application, an explanation of his decision or notice where the explanation can be obtained; (4) The Director shall issue permits only to those sources whose emissions will be consistent with making reasonable progress toward the national goal of preventing any future, and remedying any existing, impairment of visibility in mandatory Class I areas when the impairment results from manmade air pollution. In making the decision to issue a permit, the Director shall consider the cost of compliance, the time necessary for compliance, the energy and nonair quality environmental impacts of compliance, and the useful life of the source; and (5) The Director may require monitoring of visibility in or around any Class I area by the proposed new source or modification when the visibility impact analysis indicates possible visibility impairment. The requirements of this Paragraph shall not apply to nonprofit health or nonprofit educational institutions. (n) Paragraphs (f) and (j) of this Rule shall not apply to a new major stationary source or a major modification of a source of volatile organic compounds or nitrogen oxides for which construction commences after the area in which the source is located has been designated according to Part (c)(1)(B) of this Rule and before the area is designated in 40 CFR 81.334 as nonattainment for ozone if the owner or operator of the source demonstrates, using the Urban Airshed Model (UAM), that the new source or modification will not contribute to or cause a violation. The model used shall be that maintained by the Division. The Division shall run the model only after the permit application has been submitted. The permit application shall be incomplete until the modeling analysis is completed. The owner or operator of the source shall apply such degree of control and obtain such offsets necessary to demonstrate the new source or modified source will not cause or contribute to a violation. (o)(n) If the owner or operator of a source is using projected actual emissions to avoid applicability of nonattainment new PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1515 source review, the owner or operator shall notify the director of the modification before beginning actual construction. The notification shall include: (1) a description of the project, (2) identification of sources whose emissions could be affected by the project, (3) the calculated projected actual emissions and an explanation of how the projected actual emissions were calculated, including identification of emissions excluded by 40 CFR 51.165(a)(1)(xxviii)(B)(3), (4) the calculated baseline actual emissions and an explanation of how the baseline actual emissions were calculated, and (5) any netting calculations if applicable. If upon reviewing the notification, the Director finds that the project will cause a nonattainment new source review evaluation, then the Director shall notify the owner or operator of his findings. The owner or operator shall not make the modification until it has received a permit issued pursuant to this Rule. If a permit revision is not required pursuant to this Rule, the owner or operator shall maintain records of annual emissions in tons per year on a calendar year basis related to the modifications for 10 years following resumption of regular operations after the change if the project involves increasing the emissions unit's design capacity or its potential to emit the regulated NSR pollutant; otherwise these records shall be maintained for five years following resumption of regular operations after the change. The owner or operator shall submit a report to the director within 60 days after the end of each year during which these records must be generated. The report shall contain the items listed in 40 CFR 51.165(a)(6)(v)(A) through (C). The owner or operator shall make the information documented and maintained under this Paragraph available to the Director or the general public pursuant to the requirements in 40 CFR 70.4(b)(3)(viii). (p)(o) The references to the Code of Federal Regulations (CFR) in this Rule are incorporated by reference unless a specific reference states otherwise. Except for 40 CFR 81.334, the version of the Code of Federal Regulations incorporated in this Rule is that as of June 13, 2007 2007. those provisions noticed as stayed in 69 FR 40274, and does not include any subsequent amendments or editions to the referenced material. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 143- 215.108(b). SECTION .0900 - VOLATILE ORGANIC COMPOUNDS 15A NCAC 02D .0902 APPLICABILITY (a) The rules in this Section do not apply except as specifically set out in this Rule. (b) This Section applies to sources that emit greater than or equal to 15 pounds of volatile organic compounds per day. (c) Rules .0925, .0926, .0927, .0928, .0931, .0932, .0933, and .0958 of this Section apply regardless of the level of emissions of volatile organic compounds. (b)(d) Regardless of any other statement of applicability of this Section, this This Section does not apply to: (1) sources whose emissions of volatile organic compounds are not more than 15 pounds per day, except that this Section does apply to the manufacture and use of cutback asphalt and to gasoline service stations or gasoline dispensing facilities regardless of levels of emissions of volatile organic compounds; (2)(1) sources whose emissions do not exceed that emit less than 800 pounds of volatile organic compounds per calendar month and that are: (A) bench-scale, on-site equipment used exclusively for chemical or physical analysis for quality control purposes, staff instruction, water or wastewater analyses, or non-production environmental compliance assessments; (B) bench-scale experimentation, chemical or physical analyses, training or instruction from not-for-profit, non-production educational laboratories; (C) bench-scale experimentation, chemical or physical analyses, training or instruction from hospitals or health laboratories pursuant to the determination or diagnoses of illness; or (D) research and development laboratory activities provided the activity produces no commercial product or feedstock material; or (3)(2) emissions of volatile organic compounds during startup or shutdown operations from sources which use incineration or other types of combustion to control emissions of volatile organic compounds whenever the off-gas contains an explosive mixture during the startup or shutdown operation if the exemption is approved by the Director as meeting the requirements of this Subparagraph. (c)(e) The following rules of this Section apply statewide: (1) .0925, Petroleum Liquid Storage in Fixed Roof Tanks, for fixed roof tanks at gasoline bulk plants and gasoline bulk terminals; (2) .0926, Bulk Gasoline Plants; (3) .0927, Bulk Gasoline Terminals; (4) .0928, Gasoline Service Stations Stage I; (5) .0932, Gasoline Truck Tanks and Vapor Collection Systems; (6) .0933, Petroleum Liquid Storage in External Floating Roof Tanks, for external floating roof tanks at bulk gasoline plants and bulk gasoline terminals; (7) .0948, VOC Emissions from Transfer Operations; (8) .0949, Storage of Miscellaneous Volatile Organic Compounds; and PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1516 (9) .0958, Work Practices for Sources of Volatile Organic Compounds. (d) All sources located in Mecklenburg County that were required to comply with any of the Rules in Subparagraphs (d)(1) or (2) of this Rule before July 5, 1995 shall continue to comply with these Rules: (1) .0917 through .0937 of this Section, or (2) .0943 through .0945 of this Section. (e)(f) The Rules in this Section apply to facilities with the potential to emit greater than or equal to 100 tons of volatile organic compounds per year in the following areas: (1) Cabarrus County (2) Gaston County (3) Lincoln County (4) Mecklenburg County (5) Rowan County (6) Union County (7) Davidson Township and Coddle Creek Township in Iredell County (g) If any county or part of a county to which this Section applies is later designated in 40 CFR 81.334 as attainment, all sources in that county subject to this Section before the redesignation to attainment shall continue to comply with this Section. (f) If a violation of the ambient air quality standard for ozone is measured in accordance with 40 CFR 50.9 in Davidson, Forsyth, or Guilford County or that part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River, the Director shall initiate analysis to determine the control measures needed to attain and maintain the ambient air quality standard for ozone. By the following May 1, the Director shall implement the specific stationary source control measures contained in this Section that are required as part of the control strategy necessary to bring the area into compliance and to maintain compliance with the ambient air quality standard for ozone. The Director shall implement the rules in this Section identified as being necessary by the analysis by notice in the North Carolina Register. The notice shall identify the rules that are to be implemented and shall identify whether the rules implemented are to apply in Davidson, Forsyth, or Guilford County or that part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River or any combination thereof. At least one week before the scheduled publication date of the North Carolina Register containing the Director's notice implementing rules in this Section, the Director shall send written notification to all permitted facilities within the county in which the rules are being implemented that are or may be subject to the requirements of this Section informing them that they are or may be subject to the requirements of this Section. (For Forsyth County, "Director" means for the purpose of notifying permitted facilities in Forsyth County, the Director of the Forsyth County local air pollution control program.) Compliance shall be in accordance with Rule .0909 of this Section. (g) If a violation of the ambient air quality standard for ozone is measured in accordance with 40 CFR 50.9 in Durham or Wake County or Dutchville Township in Granville County, the Director shall initiate analysis to determine the control measures needed to attain and maintain the ambient air quality standard for ozone. By the following May 1, the Director shall implement the specific stationary source control measures contained in this Section that are required as part of the control strategy necessary to bring the area into compliance and to maintain compliance with the ambient air quality standard for ozone. The Director shall implement the rules in this Section identified as being necessary by the analysis by notice in the North Carolina Register. The notice shall identify the rules that are to be implemented and shall identify whether the rules implemented are to apply in Durham or Wake County or Dutchville Township in Granville County or any combination thereof. At least one week before the scheduled publication date of the North Carolina Register containing the Director's notice implementing rules in this Section, the Director shall send written notification to all permitted facilities within the county in which the rules are being implemented that are or may be subject to the requirements of this Section informing them that they are or may be subject to the requirements of this Section. Compliance shall be in accordance with Rule .0909 of this Section. (h) If EPA reclassifies the Charlotte-Gastonia-Rock Hill ozone nonattainment area as serious for ozone under Section 182 of the federal Clean Air Act, the rules in this Section shall apply to facilities in Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and Davidson and Coddle Creek townships in Iredell County with the potential to emit at least 50 tons but less than 100 tons of volatile organic compounds per year. Within 60 days of the reclassification, the Director shall notice the applicability of these Rules to these facilities in the North Carolina Register and shall send written notification to all permitted facilities within the counties in which the rules are being implemented that are or may be subject to the requirements of this Section informing them that they are or may be subject to the requirements of this Section. (For Mecklenburg County, "Director" means for the purpose of notifying permitted facilities in Mecklenburg County, the Director of the Mecklenburg County local air pollution control program.) Compliance shall be according to Rule .0909 of this Section. (i) Sources whose emissions of volatile organic compounds are not subject to limitation under this Section may still be subject to emission limits on volatile organic compounds in Rules .0524, .1110, or .1111 of this Subchapter. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0909 COMPLIANCE SCHEDULES FOR SOURCES IN NONATTAINMENT AREAS (a) Applicability. With the exceptions in Paragraph (b) of this Rule, this Rule applies to all sources covered by Paragraph (e), (f), (g), or (h) (f) or (h) of Rule .0902 of this Section. (b) Exceptions. This Rule does not apply to: to (1) sources in Mecklenburg County required to comply with the requirements of this Section under Rule .0902(d) of this Section; or (2) sources required to comply with the requirements of this Section under Paragraph (e) of Rule .0902(c) .0902 of this Section. PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1517 (c) Maintenance area and Charlotte ozone nonattainment area contingency plan. The owner or operator of any source subject to this Rule because of the application of Paragraph (f), (g), or (h) (h)of Rule .0902 of this Section shall adhere to the following increments of progress and schedules: (1) if compliance is to be achieved by installing emission control equipment, replacing process equipment, or modifying existing process equipment: (A) The owner or operator shall submit a permit application and a compliance schedule within six months after the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone; (B) The compliance schedule shall contain the following increments of progress: (i) a date by which contracts for the emission control system and process equipment shall be awarded or orders shall be issued for purchase of component parts; (ii) a date by which on-site construction or installation of the emission control and process equipment shall begin; and (iii) a date by which on-site construction or installation of the emission control and process equipment shall be completed; (C) Final compliance shall be achieved within three years after the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone. (2) if compliance is to be achieved by using low solvent content coating technology: (A) The owner or operator shall submit a permit application and a compliance schedule within six months after the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone; (B) The compliance schedule shall contain the following increments: (i) a date by which research and development of low solvent content coating shall be completed if the Director determines that low solvent content coating technology has not been sufficiently researched and developed; (ii) a date by which evaluation of product quality and commercial acceptance shall be completed; (iii) a date by which purchase orders shall be issued for low solvent content coatings and process modifications; (iv) a date by which process modifications shall be initiated; and (v) a date by which process modifications shall be completed and use of low solvent content coatings shall begin; (C) Final compliance shall be achieved within three years after the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone. (3) The owner or operator shall certify to the Director within five days after each increment deadline of progress in this Paragraph, whether the required increment of progress has been met. (d) Nonattainment areas. The owner or operator of any source subject to this Rule because of the application of Paragraph (e)(f) of Rule .0902 of this Section shall adhere to the following increments of progress and schedules: (1) if compliance is to be achieved by installing emission control equipment, replacing process equipment, or modifying existing process equipment: (A) The owner or operator shall submit a permit application and a compliance schedule by August 1, 2007; (B) The compliance schedule shall contain the following increments of progress: (i) a date by which contracts for the emission control system and process equipment shall be awarded or orders shall be issued for purchase of component parts; (ii) a date by which on-site construction or installation of the emission control and process equipment shall begin; and (iii) a date by which on-site construction or installation of the emission control and PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1518 process equipment shall be completed. (C) Final compliance shall be achieved no later than April 1, 2009. (2) if compliance is to be achieved by using low solvent content coating technology: (A) The owner or operator shall submit a permit application and a compliance schedule by August 1, 2007; (B) The compliance schedule shall contain the following increments: (i) a date by which research and development of low solvent content coating shall be completed if the Directo r determines that low solvent content coating technology has not been sufficiently researched and developed; (ii) a date by which evaluation of product quality and commercial acceptance shall be completed; (iii) a date by which purchase orders shall be issued for low solvent content coatings and process modifications; (iv) a date by which process modifications shall be initiated; and (v) a date by which process modifications shall be completed and use of low solvent content coatings shall begin. (C) Final compliance shall be achieved no later than April 1, 2009. (3) The owner or operator shall certify to the Director within five days after the deadline, for each increment of progress in this Paragraph, whether the required increment of progress has been met. (e) If the Director requires a test to demonstrate that compliance has been achieved, the owner or operator of sources subject to this Rule shall conduct a test and submit a final test report within six months after the stated date of final compliance. (f) Sources already in compliance. (1) Maintenance area and Charlotte ozone nonattainment area contingency plan. Paragraph (c) of this Rule shall not apply to sources that are in compliance with applicable rules of this Section when the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone and that have determined and certified compliance to the satisfaction of the Director within six months after the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone. (2) Nonattainment areas. Paragraphs (d) of this Rule shall not apply to sources in an area named in Paragraph (e)(f) of Rule .0902 of this Section that are in compliance with applicable rules of this Section on March 1, 2007. (g) New sources. (1) Maintenance area and Charlotte ozone nonattainment area contingency plan. The owner or operator of any new source of volatile organic compounds not in existence or under construction before the date that the Director notices in the North Carolina Register in accordance with Paragraph (f), (g), or (h) (h) of Rule .0902 of this Section the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone, shall comply with all applicable rules in this Section upon start-up of the source. (2) Nonattainment areas. The owner or operator of any new source of volatile organic compounds not in existence or under construction before March 1, 2007 in an area identified in Paragraph (e) (f) of Rule .0902 shall comply with all applicable rules in this Section upon start-up of the source. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0917 AUTOMOBILE AND LIGHT-DUTY TRUCK MANUFACTURING (a) For the purpose of this Rule, the following definitions apply: (1) "Application area" means the area where the coating is applied by dipping or spraying. (2) "Manufacturing plant" means a facility where auto body parts are manufactured or finished for eventual inclusion into a finished product ready for sale to vehicle dealers. Customizers, body shops and other repainters are not part of this definition. (3) "Automobile" means all passenger cars or passenger car derivatives capable of seating 12 or fewer passengers. (4) "Light-duty trucks" means any motor vehicles rated at 8,500 pounds gross weight or less which are designed primarily for purpose of transportation or are derivatives of such vehicles except automobiles. (b) This Rule applies to the application area(s), flashoff area(s), and oven(s), of automotive and light-duty truck manufacturing plants involved in prime, topcoat and final repair coating operations. (c) With the exception stated in Paragraph (d) of this Rule, emissions of volatile organic compounds from any automotive or light-duty truck manufacturing plant coating line subject to this Rule shall not exceed: PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1519 (1) 1.4 pounds of volatile organic compounds per gallon of solids delivered to the applicator from prime application, flashoff area, and oven operations; (2) 4.5 pounds of volatile organic compounds per gallon of solids delivered to the applicator from topcoat and surface application, flashoff area, and oven operation; (3) 13.8 pounds of volatile organic compounds per gallon of solids delivered to the applicator from final repair application, flashoff area, and oven operation. (d) Any source which has chosen to control emissions of volatile organic compounds under Rule .0518(e) of this Subchapter and which has installed air pollution control equipment in accordance with an air quality permit in order to comply with this Rule before December 1, 1989, may comply with the limits contained in this Paragraph instead of those contained in Paragraph (c) of this Rule. Emissions of volatile organic compounds from any automotive or light-duty truck manufacturing plant coating line subject to this Rule shall not exceed: (1) 1.2 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the applicator from prime application, flashoff area, and oven operations; (2) 2.8 pounds of volatile organic compounds per gallon of coating, daily weighted average, excluding water and exempt compounds, delivered to the applicator from topcoat and surface application, flashoff area, and oven operation; (3) 4.8 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the applicator from final repair application, flashoff area, and oven operation. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0920 PAPER COATINGS (a) For the purpose of this Rule, the following definitions apply: (1) "Knife coating" means the application of a coating material to a substrate by means of drawing the substrate beneath a knife that spreads the coating evenly over the full width of the substrate. (2) "Paper coating" means decorative, protective, or functional coatings put on paper and pressure sensitive tapes regardless of substrate. The coatings shall be distributed uniformly across the web. Related web coating processes on plastic film and decorative coatings on metal foil are included in this definition. Saturation operations are included in this definition. (3) "Roll coating" means the application of a coating material to a substrate by means of hard rubber or steel rolls. (4) "Rotogravure coating" means the application of a coating material to a substrate by means of a roll coating technique in which the substance to be applied is temporarily retained in etchings on the coating roll. The coating material is picked up in these recessed areas and is transferred to the substrate. (b) This Rule applies to roll, knife or rotogravure coater(s) and drying oven(s) of paper coating lines. (c) With the exception stated in Paragraph (d) of this Rule, emissions of volatile organic compounds from any paper coating line subject to this Rule shall not exceed 4.8 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator from a paper coating line. (d) Any source which has chosen to control emissions of volatile organic compounds under Rule .0518 (e) of this Subchapter and which has installed air pollution control equipment in accordance with an air quality permit in order to comply with this Rule before December 1, 1989, may comply with the limits contained in this Paragraph instead of those contained in Paragraph (c) of this Rule. Emissions of volatile organic compounds from any paper coating line subject to this Rule shall not exceed 2.9 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the coating applicator from a paper coating line. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0921 FABRIC AND VINYL COATING (a) For the purpose of this Rule, the following definitions apply: (1) "Fabric coating" means applying protective or functional coatings to a textile substance with a knife, roll, rotogravure, rotary screen, or flat screen coater to impart properties that are not initially present, such as strength, stability, water or acid repellency, or appearance. Printing on textile fabric for decorative or other purposes is not part of this definition. Saturation operations are included in this definition. (2) "Knife coating" means the application of a coating material to a substrate by means of drawing the substrate beneath a knife which spreads the coating evenly over the full width of the substrate. (3) "Roll coating" means the application of a coating material to a substrate by means of hard rubber or steel rolls. (4) "Rotogravure coating" means the application of a coating material to a substrate by means of a roll coating technique in which the pattern to be applied is etched on the coating roll. The coating material is picked up in these recessed areas and is transferred to the substrate. PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1520 (5) "Vinyl coating" means applying a functional, decorative, or protective topcoat, or printing on vinyl coated fabric or vinyl sheets. (6) "Rotary screen or flat screen coating" means the application of a coating material to a substrate by means of masking the surface and applying a color or finish using a screen either in flat form or rotary form. (b) This Rule applies to roll, knife, rotogravure, rotary screen, or flat screen coater(s) and drying oven(s) of fabric and vinyl coating lines. (c) With the exception stated in Paragraph (d) of this Rule, emissions of volatile organic compounds from any fabric coating line or vinyl coating line subject to this Rule shall not exceed: (1) 4.8 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator from a fabric coating line; (2) 7.9 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator from a vinyl coating line. (d) Any source which has chosen to control emissions of volatile organic compounds under Rule .0518(e) of this Subchapter and which has installed air pollution control equipment in accordance with an air quality permit in order to comply with this Rule before December 1, 1989, may comply with the limits contained in this Paragraph instead of those contained in Paragraph (c) of this Rule. Emissions of volatile organic compounds from any fabric coating line or vinyl coating line subject to this Rule shall not exceed: (1) 2.9 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the coating applicator from a fabric coating line; (2) 3.8 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the coating applicator from a vinyl coating line. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0922 METAL FURNITURE COATINGS (a) For the purpose of this Rule, the following definitions apply: (1) "Application area" means the area where the coating is applied by spraying, dipping, or flowcoating techniques. (2) "Coating unit" means one or more coating areas and any associated drying area and/or oven wherein a coating is applied, dried, or cured. (2)(3) "Metal furniture coating" coatings" means the surface coating of any furniture made of metal or any metal part which will be assembled with other metal, wood, fabric, plastic, or glass parts to form a furniture piece. paints, sealants, caulks, inks, adhesives, and maskants. (b) This Rule applies to application area(s), flashoff area(s), and oven(s) of metal furniture coating lines involved in prime and topcoat or single coating operations. each metal furniture surface coating unit source whose emissions of volatile organic compounds exceeds the threshold established in 15A NCAC 02D .0902(b). (c) With the exception stated in Paragraph (d)(f) of this Rule, emissions of all volatile organic compounds from metal furniture coating line unit subject to this Rule shall not exceed: exceed 5.1 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator from prime and topcoat or single coat operations: (1) 2.3 pounds of volatile organic compounds per gallon of coating excluding water and exempt compounds (3.3 pounds of volatile organic compounds per gallon of solids) delivered from general, one component or general, multi-component types of coating operations; and (2) 3.0 pounds of volatile organic compounds per gallon of coating excluding water and exempt compounds (5.1 pounds of volatile organic compounds per gallon of solids) delivered from any other types of coating operations. (d) Any source which has chosen to control emissions of volatile organic compounds under Rule .0518(e) of this Subchapter and which has installed air pollution control equipment in accordance with an air quality permit in order to comply with this Rule before December 1, 1989, may comply with the limits contained in this Paragraph instead of those contained in Paragraph (c) of this Rule. Emissions of volatile organic compounds from any metal furniture coating line subject to this Rule shall not exceed 3.0 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the coating applicator from prime and topcoat or single coat operations. (d) EPA Method 24 (CFR Part 60, Appendix A-7) shall be used to determine the volatile organic compounds content of coating materials used at metal furniture surface coating units unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer. (e) Emissions limits established in Subparagraph (c)(2) of this Rule do not apply to stencil coatings, safety-indicating coatings, solid film lubricants, electric-insulating and thermal-conducting coatings, touch up and repair coatings, coating application utilizing hand- held aerosol cans, or cleaning operations. (f) Any coating unit which has chosen to use add-on control for coating operations rather than the emission limits established in Paragraph (c) of this Rule shall install control equipment with an overall control efficiency of 90 percent or use a combination of coating and add-on control equipment on a coating unit to meet limits established in Paragraph (c) of this Rule. (g) The owner or operator of any facility subject to this rule shall comply with the Rules .0903 and .0958 of this Section. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0923 SURFACE COATING OF LARGE APPLIANCE PARTS (a) For the purpose of this Rule, the following definitions apply: PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1521 (1) "Application area" means the area where the coating is applied by spraying, dipping, or flow coating techniques. (2) "Single coat" means a single film of coating applied directly to the metal substrate omitting the primer application. (2) "Coating unit" means a unit that consists of a series of one or more coating applicators and any associated drying area or oven where a coating is dried, or cured. (3) "Large appliances" appliance part" means doors, cases, lids, panels, and interior support parts of residential and commercial washers, dryers, ranges, refrigerators, freezers, water heaters, dishwashers, trash compactors, air conditioners, and other similar products. any organic surface-coated metal lid, door, casing, panel, or other interior or exterior metal part or accessory that is assembled to form a large appliance product. (4) "Large appliance product" means any organic surface-coated metal range, oven, microwave oven, refrigerator, freezer, washer, dryer, dishwasher, water heater, or trash compactor manufactured for household, commercial, or recreational use. (b) This Rule applies to application area(s), flashoff area(s), and oven(s) of large appliance coating lines involved in prime, single, or topcoat coating operations. each large appliance coating unit source whose volatile organic compounds emissions exceed the threshold established in 15A NCAC 02D .0902(b). (c) This Rule does not apply to the use of quick-drying lacquers for repair of scratches and nicks, which occur during assembly, if the volume of coating does not exceed one quart in any eight-hour period. (d)(c) With the exception stated in Paragraph (e) of this Rule, emissions Emissions of all volatile organic compounds from any large appliance coating line unit subject to this Rule shall not exceed: exceed 4.5 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator from prime, single, or topcoat coating operations. (1) 2.3 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds (3.3 pounds of volatile organic compounds per gallon of solids) delivered from general, one component coating or general, multi-component types of coating operations; and (2) 2.8 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds (4.5 pounds of volatile organic compounds per gallon of solids) delivered from any other types of coating operations. (e) Any source which has chosen to control emissions of volatile organic compounds under Rule .0518 (e) of this Subchapter and which has installed air pollution control equipment in accordance with an air quality permit in order to comply with this Rule before December 1, 1989, may comply with the limits contained in this Paragraph instead of those contained in Paragraph (d) of this Rule. Emissions of volatile organic compounds from any large appliance coating line subject to this Rule shall not exceed 2.8 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the coating applicator from prime, single, or topcoat any coating operations. (d) EPA Method 24 (CFR Part 60, Appendix A-7) shall be used to determine the volatile organic compounds content of coating materials used at surface coating of large appliances parts facilities unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer. (e) Emissions limits established in Subparagraph (c)(2) of this Rule do not apply to stencil coatings, safety-indicating coatings, solid film lubricants, electric-insulating and thermal-conducting coatings, touch up and repair coatings, coating applications utilizing hand- held aerosol cans, or any cleaning material. (f) Any coating unit which has chosen to use add-on controls for coating operations rather than the emission limits established in Paragraph (c) of this Rule shall install control equipment with an overall control efficiency of 90 percent or use a combination of coating and add-on control equipment on a coating unit to meet limits established in Paragraph (c) of this Rule. (g) The owner or operator of any facility subject to this Rule shall comply with the Rules .0903 and .0958 of this Section. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0934 COATING OF MISCELLANEOUS METAL PARTS AND PRODUCTS (a) For the purpose of this Rule, the following definitions apply: (1) "Heat sensitive material" means materials that cannot be exposed to temperatures greater than 180°F to 200°F. (2) "Air dried coating" means coatings which are dried by the use of air or a forced air drier. (3) "Clear coat" means a coating which lacks color and opacity. (4) "Extreme performance coatings" means coatings designed for harsh exposure or extreme environmental conditions. (5) "Extreme environmental conditions" means exposure to: (A) the weather at all times; (B) temperatures consistently above 203°F; (C) detergents, scouring, solvents, or corrosive atmospheres; or (D) other similar environmental conditions. (b) This Rule applies to application areas, flashoff areas, ovens and other processes that are used in the coating of metal parts and products of the following types of manufacturing plants: (1) large farm machinery including harvesting, fertilizing and planting machines, tractors, combines, and other similar machines; PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1522 (2) small farm machinery including lawn and garden tractors, lawn mowers, rototillers, and other similar machines; (3) small appliances including fans, mixers, blenders, crock pots, dehumidifiers, vacuum cleaners, and other similar machines; (4) commercial machinery including computers and auxiliary equipment, typewriters, calculators, vending machines, and other similar machines; (5) industrial machinery including pumps, compressors, conveyor components, fans, blowers, transformers, and other similar machines; (6) fabricated metal products including metal covered doors, frames and other similar structures; and (7) any other manufacturing plant that coats metal parts or products. (c) This Rule does not apply to: (1) sources covered by Rules .0917, .0918, .0919, .0922, .0923, and .0924 of this Section; (2) architectural and maintenance coating; (3) coating of airplane exterior; (4) automobile refinishing; (5) customized coating of automobiles and trucks; or (6) exterior of marine vessels. (d) With the exception stated in Paragraph (e) of this Rule, emissions of volatile organic compounds from any coating line subject to this Rule shall not exceed: (1) 10.3 pounds of volatile organic compounds per gallon of solids delivered to a coating applicator that applies clear coatings; (2) 6.7 pounds of volatile organic compounds per gallon of solids delivered to a coating applicator in a coating application system that utilized air or forced air driers; (3) 6.7 pounds of volatile organic compounds per gallon of solids delivered to a coating applicator that applies extreme performance coatings; (4) 5.1 pounds of volatile organic compounds per gallon of solids delivered to a coating applicator that applies coatings of five or more color changes or of five or more colors or applies the coating that is the first coat on untreated ferrous substrate; or (5) where there are less than five color changes and less than five colors are applied: (A) 0.4 pounds of volatile organic compounds per gallon of solids delivered to a coating applicator that applies powder coatings; or (B) 5.1 pounds of volatile organic compounds per gallon of solids delivered to a coating applicator for any other type of coating. Whenever more than one of the aforementioned emission limitations may apply to a process, then the least stringent emission limitation shall apply to the process. (e) Any source which has chosen to control emissions of volatile organic compounds under Rule .0518(e) of this Subchapter and which has installed air pollution control equipment in accordance with an air quality permit in order to comply with this Rule before December 1, 1989, may comply with the limits contained in this Paragraph instead of those contained in Paragraph (d) of this Rule. Emissions of volatile organic compounds from any coating line subject to this Rule shall not exceed: (1) 4.3 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to a coating applicator that applies clear coatings; (2) 3.5 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to a coating applicator in a coating application system that utilized air or forced air driers; (3) 3.5 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to a coating applicator that applies extreme performance coatings; (4) 3.0 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to a coating applicator that applies coatings of five or more color changes or of five or more colors or applies the coating that is the first coat on untreated ferrous substrate; or (5) where there are less than five color changes and less than five colors are applied: (A) 0.4 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to a coating applicator that applies powder coatings; or (B) 3.0 pounds of volatile organic compounds per gallon, excluding water and exempt solvents, delivered to a coating applicator for any other type of coating. Whenever more than one of the aforementioned emission limitations may apply to a process, then the least stringent emission limitation shall apply to the process. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0935 FACTORY SURFACE COATING OF FLAT WOOD PANELING (a) For the purpose of this Rule, the following definitions apply: (1) "Class II hardboard paneling finishes" means finishes which meet the specifications of Voluntary Product Standard PS-59-73 as PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1523 approved by the American National Standards Institute. (1) Flat wood paneling coatings means wood paneling product that are any interior, exterior or tileboard (class I hardboard) panel to which a protective, decorative, or functional material or layer has been applied. (2) "Hardboard" is a panel manufactured primarily from inter-felted lignocellulosic fibers which are consolidated under heat and pressure in a hot-press. (3) "Hardwood plywood" means plywood whose surface layer is a veneer of hardwood. (4) "Natural finish hardwood plywood panel" means a panel whose original grain pattern is enhanced by essentially transparent finishes frequently supplemented by fillers and toners. (5) "Particle board" means a manufactured board made of individual wood particles which have been coated with a binder and formed into flat sheets by pressure. Thin particleboard has a thickness of one-fourth inch or less. (6) "Printed panel" means a panel whose grain or natural surface is obscured by fillers and basecoats upon which a simulated grain or decorative pattern is printed. (7)(2) "Tileboard" means paneling that has a colored waterproof surface coating a premium interior wall paneling product made of hardboard that is used in high moisture area of the home. (b) This Rule applies to factory finishing of the following flat wood products: each flat wood paneling coatings source whose volatile organic compounds emissions exceed the threshold established in 15A NCAC 02D .0902(b) at the facilities with flat wood paneling coating applications for the following products: (1) printed decorative interior wall panels made of hardwood plywood and thin particleboard; panels made of hardwood, plywood, or thin particleboard; (2) natural finish hardwood plywood panels; and (2) exterior siding made of solid wood, hardboard, or waferboard; and (3) class II finishes of hardboard paneling. (3) tileboard made of hardboard. (c) This Rule does not apply to the following factory finished flat wood products: (1) exterior siding, (2) tileboard, (3) particleboard used in cabinetry or furniture, (4) insulation board, or (5) softwood plywood. (d)(c) Emissions of volatile organic compounds from any factory finished flat wood product operation subject to this Rule shall not exceed: exceed 2.1 pounds of volatile organic compounds per gallon material excluding water and exempt compounds (2.9 pounds of volatile organic compounds per gallon solids.) (1) 6.0 pounds of volatile organic compounds per 1,000 square feet of coated finished product of printed interior wall panels made of hardwood plywood and thin particle board, or (2) 12.0 pounds of volatile organic compounds per 1,000 square feet of coated finished product of natural finish hardwood plywood panels, or (3) 10.0 pounds of volatile organic compounds per 1,000 square feet of coated finished product of class II finishes on hardboard paneling. (d) EPA Method 24 (CFR Part 60, Appendix A-7) shall be used to determine the volatile organic compounds content of coating materials used at surface coating of flat wood paneling facilities unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer. (e) Any facility that meet definition of Paragraph (b) of this Rule and which has chosen to use add-on controls for flat wood paneling coating operation rather than the emission limits established in Paragraph (c) of this Rule shall install control equipment with an overall control efficiency of 90 percent or use a combination of coating and add-on control equipment on a flat wood paneling coating operation to meet limits established in Paragraph (c) of this Rule. (f) The owner or operator of any facility subject to this rule shall comply with the Rules .0903 and .0958 of this Section. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0936 GRAPHIC ARTS (a) For the purpose of this Rule, the following definitions apply: (1) "Flexographic printing" means the application of words, designs and pictures to a substrate by means of a roll printing technique in which both the pattern to be applied is raised above the printing roll and the image carrier is made of rubber or other elastometric materials. (2) "Packaging rotogravure printing" means printing with a gravure press upon paper, paper board, metal foil, plastic film, and other substrates, which are, in subsequent operation, formed into containers and labels for articles to be sold. (3) "Printing" means the formation of words, designs and pictures, usually by a series of application rolls each with only partial coverage. (4) "Publication rotogravure printing" means printing upon paper which is subsequently formed into books, magazines, catalogues, brochures, directories, newspaper supplements, and other types of printed materials. (5) "Roll printing" means the application of words, designs and pictures to a substrate by means of hard rubber or steel rolls. (b) This Rule applies to: PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1524 (1) flexographic printing, packaging rotogravure printing and publication rotogravure printing operations; or (2) machines that have both coating units and printing units. (c) This Rule does not apply to facilities where the potential emissions of volatile organic compounds is less than 100 tons per year. (d) Emissions of volatile organic compounds from any printing press or drying oven of a printing operation subject to this Rule shall not be discharged into the atmosphere unless: (1) The captured volatile organic compound emissions are reduced by at least 90 percent by an incineration system or 95 percent by a carbon adsorption system or any other control system; and: (A) For packaging rotogravure printing operations, at least 65 percent overall reduction of the volatile organic compound emissions is achieved; (B) For publication rotogravure printing operations at least 75 percent overall reduction of the volatile organic compound emissions is achieved; and (C) For flexographic printing operations, at least 60 percent overall reduction of the volatile organic compound emissions is achieved; (2) The solvent portion of the ink, as it is applied on the substrate, consists of at least 75 percent water by volume and no more than 25 percent organic solvent by volume; (3) The ink contains by volume at least 60 percent nonvolatile material; (4) The printing system uses a combination of solvent-borne and water-borne ink such that at least a 70 percent by volume overall reduction in solvent usage is achieved when compared to all solvent-borne ink usage, or (5) The ink, including any solvents that may be added to it, contains no more than 0.5 pounds of volatile organic compounds per pound of solids in the ink; only flexographic printing and packaging rotogravure printing may use this option. (e) When a facility complies with this Rule using the provision of Subparagraph (d)(4) of this Rule, the permit shall contain a condition stating the maximum quantity of solvent-borne ink that each printing unit may use or that the facility as a whole may use. (f) Equivalency calculations for emissions trading, cross-line averaging, or determining compliance with add-on control equipment shall be performed in units of pounds of volatile organic compounds per gallon of solids. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0951 MISCELLANEOUS VOLATILE ORGANIC COMPOUND EMISSIONS (a) With the exceptions in Paragraph (b) of this Rule, this Rule applies to all facilities that use volatile organic compounds as solvents, carriers, material processing media, or industrial chemical reactants, or in other similar uses, or that mix, blend, or manufacture volatile organic compounds for which there is no other applicable emissions control rule in this Section except Rule .0958 of this Section. If the only other applicable emissions control rule for the facility in this Section is Rule .0958, then both this Rule and Rule .0958 apply. (b) This Rule does not apply to architectural or maintenance coating. (c) The owner or operator of any facility to which this Rule applies shall: (1) install and operate reasonable available control technology; or (2) limit emissions of volatile organic compounds from coating lines not covered by Rules .0917 through .0922, .0923, .0924, .0934, or .0935 .0935, 0936 or .0961 through .0968 from this Section to no more than 6.7 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator. (d) If the owner or operator of a facility chooses to install reasonable available control technology under Subparagraph (c)(1) of this Rule, the owner or operator shall submit: (1) the name and location of the facility; (2) information identifying the source for which a reasonable available control technology limitation or standard is being proposed; (3) a demonstration that shows the proposed reasonable available control technology limitation or standard satisfies the requirements for reasonable available control technology; and (4) a proposal for demonstrating compliance with the proposed reasonable control technology limitation or standard. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0952 PETITION FOR ALTERNATIVE CONTROLS FOR RACT (a) With the exception in Paragraph (b) of this Rule, this This Rule applies to all sources covered under this Section. (b) This Rule does not apply to sources in Mecklenburg County to which Rules .0917 through .0937 of this Section apply and which are located at a facility where the total potential emissions of volatile organic compounds from all stationary sources at the facility are greater than or equal to 100 tons per year. (c)(b) If the owner or operator of any source of volatile organic compounds subject to the requirements of this Section, can demonstrate that compliance with rules in this Section would be technologically or economically infeasible, he may petition the Director to allow the use of alternative operational or equipment controls for the reduction of volatile organic compound emissions. Petition shall be made for each source to the Director. (d)(c) The petition shall contain: PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1525 (1) the name and address of the company and the name and telephone number of a company officer over whose signature the petition is submitted; (2) a description of all operations conducted at the location to which the petition applies and the purpose that the volatile organic compound emitting equipment serves within the operations; (3) reference to the specific operational and equipment controls under the rules of this Section for which alternative operational or equipment controls are proposed; (4) a description of the proposed alternative operational or equipment controls, the magnitude of volatile organic compound emission reduction that will be achieved, and the quantity and composition of volatile organic compounds that will be emitted if the alternative operational or equipment controls are instituted; (5) a plan, which will be instituted in addition to the proposed alternative operational or equipment controls, to reduce, where technologically and economically feasible, volatile organic compound emissions from other source operations at the facility, further than that required under the rules of this Section, if these sources exist at the facility, such that aggregate volatile organic compound emissions from the facility will in no case be greater through application of the alternative control than would be allowed through conformance with the rules of this Section; (6) a schedule for the installation or institution of the alternative operational or equipment controls in conformance with Rule .0909 of this Section, as applicable; and (7) certification that emissions of all other air contaminants from the subject source are in compliance with all applicable local, state and federal laws and regulations. The petition may include a copy of the permit application and need not duplicate information in the permit application. (e)(d) The Director shall approve a petition for alternative control if: (1) The petition is submitted in accordance with Paragraph (d) of this Rule; (2) The Director determines that the petitioner cannot comply with the rules in question because of technological or economical infeasibility; (3) All other air contaminant emissions from the facility are in compliance with, or under a schedule for compliance as expeditiously as practicable with, all applicable local, state, and federal regulations; and (4) The petition contains a schedule for achieving and maintaining reduction of volatile organic compound emissions to the maximum extent feasible and as expeditiously as practicable. (f)(e) When controls different from those specified in the appropriate emission standards in this Section are approved by the Director, the permit shall contain a condition stating such controls. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0961 OFFSET LITHOGRAPHIC PRINTING AND LETTERPRESS PRINTING (a) For the purpose of this Rule, the following definitions apply: (1) "First installation date" means the actual date when this control device becomes operational. This date does not change if the control device is later redirected to a new press (2) "Fountain solution" means water-based solution that applies to lithographic plate to render the non-image areas unreceptive to the ink. (3) "Letterpress printing" means a printing process in which the image area is raised relative to the non-image area and the paste ink is transferred to the substrate directly from the image surface. (4) "Offset lithography" means an indirect method of printing when ink transferred from the lithographic plate to a rubber-covered intermediate "blanket" cylinder and then transferred from the blanket cylinder to the substrate. (5) " Sheet-fed printing " means an indirect method of printing when ink transferred from the lithographic plate to a rubber-covered intermediate "blanket" cylinder and then transferred from the blanket cylinder to the substrate. (6) "Web printing" means printing when continuous rolls of substrate material are fed to the press and rewound or cut to size after printing. (b) This Rule applies to any offset lithographic and any letterpress printing operations sources whose emissions of volatile organic compounds exceed the threshold established in 15A NCAC 02D .0902(b). (c) Volatile organic compounds content in the fountain solution from on-press (as-applied) for heatset web offset lithographic printing shall not exceed 1.6 percent alcohol (by weight) in the fountain or equivalent. This level of control for volatile organic compounds shall be achieved by: (1) reducing the on-press (as-applied) alcohol content to 1.6 percent alcohol or less (by weight); or (2) use three percent alcohol or less (by weight) the on-press (as-applied) in the fountain solution if the fountain solution is refrigerated to below 60°F; or PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1526 (3) use five percent alcohol substitute or less (by weight) the on-press (as-applied) and no alcohol in the in the fountain solution. (d) Volatile organic compounds content in the fountain solution from on-press (as-applied) sheet-fed lithographic printing five percent alcohol (by weight) in the fountain or equivalent. This level of control for volatile organic compounds shall be achieved by: (1) reducing the on-press (as-applied) alcohol content to five percent alcohol or less (by weight); or (2) use 8.5 percent alcohol or less (by weight) the on-press (as-applied) in the fountain solution if the fountain solution is refrigerated to below 60°F; or (3) use five percent alcohol substitute or less (by weight) the on-press (as-applied) and no alcohol in the in the fountain solution. (e) Volatile organic compounds content in the fountain solution from on-press (as-applied) coldset web offset lithographic printing shall not exceed five percent alcohol substitute or less (by weight) and no alcohol in the fountain solution. (f) Emissions of volatile organic compounds from any single letterpress printing heatset press subject to this Rule shall not exceed 25 tons per year. This level of control shall be achieved by using petroleum ink oil with volatile organic compounds content 31.25 tons per year volatile organic compounds or less because of the 20 percent ink oil retention. (g) EPA Method 24 (CFR Part 60, Appendix A-7) shall be used to determine the volatile organic compounds content of coating materials used at offset lithographic printing and letterpress printing facilities unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer. (h) Any single letterpress printing heatset dryer owner or operator subject to this Rule, who has chosen to use add-on control for letterpress printing operation rather than to comply with the emission limits established in Paragraph (f) of this Rule shall install control equipment with: (1) 90 percent control efficiency for a control device whose first installation date was prior to July 1, 2010; or (2) 95 percent control efficiency for a control device whose first installation date was on or after July 1, 2010. (i) The control limits established in: (1) Paragraph (d) shall not be applied to sheet-fed presses with maximum sheet size 11x 17 inches or smaller, or to any press with total fountain solution reservoir of less than one gallon; (2) Paragraphs (d), (e), and (f) shall not be applied to sheet-fed or coldest web inks, sheet-fed or coldest web varnishes, waterborne coatings or radiation (ultra-violet light or electron beam) cured materials used on offset lithographic presses or letterpress presses; (3) Paragraph (c) and (d) shall not be applied to a press with a potential to emit below 25 tons per year used for book printing, and presses with maximum web width of 22 inches or less; and (4) Paragraph (f) shall not be applied to a heatset press used for book printing, and a headset press with maximum web width of 22 inches or less. (j) All cleaning materials used in amount more than 110 gallons per year for cleaning a press, press parts, or to remove dried ink from areas around the press shall contain less than 70 weight percent volatile organic compounds or have volatile organic compounds composite vapor pressure less than 10 mm Hg at 20°C. (k) The owner or operator of any facility subject to this Rule shall comply with the Rules .0903 and .0958 of this Section. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0962 INDUSTRIAL CLEANING SOLVENTS (a) For the purpose of this Rule, the following definitions apply: (1) "Organic solvent" means a liquid hydrocarbon, such as methyl ethyl ketone or toluene, used to dissolve paints, varnishes, grease, oil, or other hydrocarbons. (2) "Solvent cleaning" means the process of removing the excess penetrant from the surface or a part by wiping. flushing, or spraying with a solvent for the penetrant. (b) This Rule applies to sources whose volatile organic compound emissions exceed the threshold established in 15A NCAC 02D .0902(b) from the following cleaning operations: (1) spray gun cleaning; (2) spray booth cleaning; (3) large manufactured components cleaning; (4) parts cleaning; (5) equipment cleaning; (6) line cleaning; (7) floor cleaning; (8) tank cleaning; and (9) small manufactured components cleaning. (c) Cleaning operations covered by Rules .0921, .0923, .0930, .0934, .0935, .0936, .0961, .0962, .0963, .0964, .0965, .0966, .0967, and .0968 of this Section are exempted from the requirements of this Rule. (d) Any cleaning material of the nine cleaning operations listed in Paragraph (b) of this Rule shall have: (1) volatile organic compounds content that does not exceed 0.42 pounds per gallon; or (2) composite vapor limit of eight millimeters of mercury (mmHg) at 20 degrees Celsius. (e) EPA Method 24 (CFR Part 60, Appendix A-7) shall be used to determine the volatile organic compounds content of coating materials used in industrial cleaning solvents operations unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer. (f) Facilities which have chosen to use add-on control rather than to comply with the emission limits established in Paragraph PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1527 (g) of this Rule shall install control equipment with 85 percent overall efficiency. (h) The owner or operator of any facility subject to this Rule shall comply with the Rules .0903 and .0958 of this Section. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0963 FIBERGLASS BOAT MANUFACTURING MATERIALS (a) For the purpose of this Rule, the following definitions apply: (1) "Closed molding" means any fabrication techniques in which pressure is used to distribute the resin through the reinforcing fabric placed between two mold surfaces to either saturate the fabric or fill the mold cavity. (2) "Monomer" means a volatile organic compound that partly combines with itself, or other similar compounds, by a cross-linking reaction to become a part of the cured resin. (3) "Open molding" means the open mold which is first spray-coated with a clear or pigmented polyster resin known as a gel coat. The gel coat will become the outer surface of the finished part. (b) This Rule applies to a facility that manufactures hulls or decks of boats and related parts, build molds to make fiberglass boat hulls or decks and related parts from fiberglass, or make polyester resin putties for assembling fiberglass parts and whose volatile organic compounds emissions exceed the threshold established in 15A NCAC 02D .0902(b) from sources for the following operations: (1) open molding and gel coat operations (including pigmented gel coat, clear gel coat, production resin, tooling gel coat, and tooling resin); (2) resins and gel coat mixing operations; and (3) resins and gel coat application equipment cleaning operations. (c) The following activities are exempted from the provisions of this Rule: (1) surface coatings applied to fiberglass boats; (2) surface coatings for fiberglass and metal recreational boats (pleasure craft); and (3) industrial adhesives used in the assembly of fiberglass boats. (d) Volatile organic compounds content limits in resin and gel coat that are used for any molding operations listed in Paragraph (b) of this Rule and closed molding operations that do not meet the definition established in Subparagraph (a)(2) of this Rule, such as vacuum bagging operations, shall not exceed monomer volatile organic compounds limits established in Table 1: Table 1 Organic Hazardous Air Pollutants Content Requirements for Open Molding Resin and Gel Coat Operations (40 CFR 63, Subpart VVVV.) Material Application Method Limit of Weighted-Average Monomer VOC Content (weight percent) Production resin Atomized (spray) 28 Production resin Nonatomized 35 Pigmented gel coat Any method 33 Clear gel coat Any method 48 Tooling resin Atomized 30 Tooling resin Nonatomized 39 Tooling gel coat Any method 40 The average monomer volatile organic compounds contents listed in the Table 1 shall be determined by using Equation 1: n Σ (M i VOC i ) i=1 Weighted Average Monomer VOC Content = n Σ (M i ) i=1 Where: M i = mass of open molding resin or gel coat i used in the past 12 month in an operation, megagrams. VOC I = monomer volatile organic compounds content, by weight percent, of open molding resin or gel coat i used in the past 12 month in an operation. n = number of different open molding resins or gel coats used in the past 12 month in an operation. PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1528 (e) Molding monomer and non-monomer volatile organic compounds limits established in Paragraph (d) of this Rule shall not be applicable to: (1) production resins (including skin coat resins) that shall meet specifications for use in military vessels or shall be approved by the U.S. Coast Guard for the use in the construction of lifeboats, rescue boats, and other life saving appliances approved under 46 CFR subchapter Q, or the construction of small passenger vessels regulated by 46 CFR Subchapter T. Production resins that meet these criteria shall be applied with nonatomizing resin application equipment; (2) production and tooling resins, and pigmented, clear, and tooling gel coat used for part or mold repair and touch up. Total resin and gel coat materials that meet these criteria shall not exceed one percent by weight of all resin and gel coat used at a facility on a 12-month rolling-average basis; or (3) pure, 100-percent vinylester resin used for skin coats that shall be applied with nonatomizing resin application equipment and with the total amount of the resin materials not exceeding five percent by weight of all resin used at a factory on 12-month rolling-average basis. (f) Any molding resin and gel coat operations listed in Paragraph (b) of this Rule, that a facility chooses to include into average emissions among different operations to meet numerical monomer volatile organic compounds emission rate limits rather than to comply with the emission limits established in Paragraph (d) of this Rule shall use: (1) Equation 2 to estimate a facility-specific monomer volatile organic compounds mass emission limit (12-month rolling average). Estimations of emissions average shall be determined on 12-month rolling average basis at the end of every month (12 times per year). Equation 2: Monomer VOC Limit= 46(MR) + 159(MPG) + 291(MCG) + 54(MTR) + 214(MTG) Where: Monomer VOC Limit = total allowable monomer volatile organic compounds that can be emitted from the open molding operations included in the average, kilograms per 12- month period. MR = mass of production resin used in the past 12 month excluding any materials that are exempt, megagrams. MPG= mass of pigmented gel coat used in the past 12 month, excluding any materials that are exempt, megagrams. MCG= mass of clear gel coat used in the past 12 month, excluding any materials that are exempt, megagrams MTR= mass of tooling resin coat used in the past 12 month, excluding any materials that are exempt, megagrams MTG = mass of tooling gel coat used in the past 12 month, excluding any materials that are exempt, megagrams The numerical coefficients associated with each term on the right hand side of Equation 2 are the allowable monomer volatile organic compounds emission rate for that particular material in units of kilograms of VOC per megagrams of material used. (2) Equation 3 to demonstrate that the monomer volatile organic compounds emissions from the operations included in the average do nor exceed the emission limit calculated using Equation 2 from Subparagraph (f)(1) of this Rule for the same 12-month period. This demonstration shall be conducted at the end of the first 12-month averaging period and at the end of every subsequent month for only those operations and materials that included in the average. Equation 3: Monomer VOC emissions = (PVR)(MR) + (PVPG)(MPG) + (PVCG)(MCG) + (PVTR)(MTR) + (PVTG)(MTG) Where: Monomer VOC emissions = monomer volatile organic compounds emissions calculated using the monomer volatile organic compounds emission equation for each operation included in the average, kilograms. PVR = weighted-average monomer volatile organic compounds emission rate for production resin used in the past 12 month, kilograms per megagram. MR = Mass of production resin used in the past 12 month, megagrams. PVPG = weighted-average monomer volatile organic compounds emission rate for pigmented gel coat used in the past 12 month, kilograms per megagram. MPG = mass of pigmented gel coat used in the past 12 month, megagrams. PVCG = weighted-average monomer volatile organic compounds emission rate for clear gel coat used in the past 12 month, kilograms per megagram. MCG = Mass of clear gel coat used in the past 12 month, megagrams. PVTR = Weighted-average monomer volatile organic compounds emission rate for tooling resin used in the past 12 month, kilograms per megagram. PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1529 MTR = Mass of tooling resin used in the past 12 month, megagrams. PVTG = Weighted-average monomer volatile organic compounds emission rate for tooling gel coat used in the past 12 month, kilograms per megagram. MTG = Mass of tooling gel coat used in the past 12 month, megagrams. (3) Equation 4 to compute the weighted-average monomer volatile organic compounds emission rate for the previous 12 month for each open molding resin and gel coat operation included in the average to apply the results in Equation 3. Equation 4: n Σ (M i PV i ) i=1 PVOP = n Σ (M i ) i=1 Where: PVOP = weighted-average monomer volatile organic compounds emission rate for each open molding operation (PVR, PVPG, PVCG, PVTR, and PVTG) included in the average, kilograms of monomer volatile organic compounds per megagram of material applied. M i = mass or resin or gel coat i used within an operation in the past 12 month, megagrams. n = number of different open molding resins and gel coats used within an operation in the past 12 month. PV i. = the monomer volatile organic compounds emission rate for resin or gel coat i used within an operation in the past 12 month, kilograms of monomer volatile organic compounds per megagram of material applied. Equations in Table 2 shall be used to compute PV Table 2 Compliant Materials Monomer Volatile Organic Compounds Content for Open Molding Resin and Gel Coat. For this material and this application method Use this formula to calculate the monomer VOC emission rate 1. Production resin, tooling resin a. Atomized 0.014 x (Resin VOC%)2.425 b. Atomized, plus vacuum bagging with roll-out 0.01185 x (Resin VOC%)2.425 c. Atomized, plus vacuum bagging without roll-out 0.00945 x (Resin VOC%)2.425 d. Nonatomized 0.014 x (Resin VOC%)2.275 e. Nonatomized, plus vacuum bagging with roll-out 0.0110 x (Resin VOC%)2.275 f. Nonatomized, plus vacuum bagging without roll-out 0.0076 x (Resin VOC%)2.275 2. Pigmented gel coat, clear gel coat, tooling gel coat All methods 0.445 x (Gel coat VOC%)1.675 (g) If any molding resin and gel coat operations listed in Paragraph (b) of this Rule, chooses to use of higher-monomer volatile organic compounds materials rather than to comply with the emission limits established in Paragraph (d) of this Rule it shall: (1) install control equipment to meet the emission limit determined by Equation 2 in Subparagraph (f)(1) of this Rule, applying the mass of each material used during the control device performance test in Equation 2 to determine the emission limit (in kilogram of monomer VOC) that is applicable during the test, instead of using the mass of each material as it established in Subparagraph (f)(1) of this Rule; (2) monitor and record relevant control device and capture system operating parameters during the control device performance test to use the recorded values to establish operating limits for those parameters; (3) monitor the operating parameters for the control device and emissions capture system and maintain the parameters within the established limits; PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1530 (h) Any molding resin and gel coat operations that use a filled production resin or filled tooling resin shall calculate the emission rate for the filled production resin or filled tooling resin on as applied basis using Equation 5. If the filled resin: (1) is used as a production resin than the value of PVF calculated by Equation 5 shall not exceed 46 kilograms of monomer VOC per megagram of filled resin applied; (2) is used as a tooling resin than the value of PVF calculated by Equation 5 shall not exceed 54 kilograms of monomer VOC per megagram of filled resin applied; (3) is included in the emissions averaging procedure than the facility use the value of PVF calculated by Equation 5 for the value PVi in Equation 4 in Subparagraph (f)(3) of this Rule. Equation 5: (100 -%Filler) PVF = PVU x 100 Where: PVF = The as-applied monomer volatile organic compounds emission rate for the filled production resin or tooling resin, kilograms monomer VOC per megagram of filled material. PVU = The monomer volatile organic compounds emission rate for the neat (unfilled) resin before filler is added, as calculated using the formulas in Table 2. of Subparagraph (f)(3) of this Rule. %Filler = The weight-percent of filler in the as-applied filled resin system. (i) All resins and gel coats included in volatile organic compounds limits described in Paragraphs (d) through (h) shall meet non-monomer volatile organic compounds content limit of five percent. (j) If the non-monomer volatile organic compounds content of a resin or gel coat exceeds five percent, then the excess non-monomer volatile organic compounds over five percent shall be counted toward the monomer volatile organic compounds content. (k) SCAQMD Method 312-91, Determination of Percent Monomer in Polyester Resins, revised April 1996 shall be used to determine the monomer volatile organic compounds content of resin and gel coat materials unless the facility maintains records to document the volatile organic compounds content of resin and gel coat materials from the manufacturer. (l) All resin and gel coat mixing containers with a capacity equal to or greater than 55 gallons, including those used for on-site mixing of putties and polyputties, shall have a cover with no visible gaps in place at all times except the following operations: (1) when material is being manually added to or removed from a container; (2) when mixing or pumping equipment is being placed or removed from a container. (m) Volatile organic compounds cleaning solvents for routine application equipment cleaning shall contain no more than five percent volatile organic compounds by weight, or have a composite vapor pressure of no more than 0.50 mm Hg at 68 0F. (n) Only non-volatile organic compounds solvents shall be used to remove cured resin and gel coat from application equipment. (o) The owner or operator of any facility subject to this Rule shall comply with the Rules .0903 and .0958 of this Section. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0964 MISCELLANEOUS INDUSTRIAL ADHESIVES (a) For the purpose of this Rule, the following definitions apply: (1) "Air-assisted airless spray" means a system that consists of an airless spray gun with a compressed air jet at the gun tip to atomize the adhesive. (2) "Airless spray" means the application of an adhesive through an atomizing nozzle at high pressure (1,000 to 6,000 pounds per square inch) by a pump forces. (3) "Application process" means a process that consists of a series of one or more adhesive applicators and any associated drying area or oven where an adhesive is applied, dried and cured. (4) "Dip Coating" means application where substrates are dipped into a tank containing the adhesive. The substrates are then withdrawn from the tank and any excess adhesive is allowed to drain. (5) "Electrocoating" means a specialized form of dip coating where opposite electric charges are applied to the waterborne adhesive and the substrate. (6) "Electrostatic spray" means application where the adhesive and substrate are oppositely charged. (7) "Flow coating" means conveying the substrate over an enclosed sink where the adhesive is applied at low pressure as the item passes under a series of nozzles. (8) "HVLP" means a system with specialized nozzles that provide better air and fluid flow at lower air pressure, shape spray pattern, and guide high volumes of atomized adhesive particles to the substrate using lower air pressure (10 pounds per square inch or less at the spray cap). (9) "Roll coating", "brush coating", and "hand application" means application of high viscosity adhesives onto small surface area. (b) Control of volatile organic compounds emissions from miscellaneous industrial adhesives product categories covered PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1531 by Rules .0921, .0923, .0934, .0935, .0936, .0961, .0962, .0963, .0964, .0965, .0966, .0967, and .0968 of this Section are exempted from the requirements of this Rule. (c) This Rule applies to miscellaneous industrial adhesive application sources whose volatile organic compounds emissions exceed the threshold established in 15A NCAC 02D .0902(b). (d) With the exception established in Paragraph (b) of this Rule, all volatile organic compounds containing materials applied by each miscellaneous industrial adhesive application processes before control shall: (1) not exceed limits established in Table 1 of this Paragraph; and (2) be used in one of the following application methods in conjunction with using low volatile organic compounds adhesives or adhesive primers: (A) electrostatic spray; (B) HVLP spray; (C) Flow coat; (D) roll coat or hand application, including non-spray application methods similar to hand or mechanically powered caulking gun, brush, or direct hand application; (E) Dip coat (including electrodesposition); (F) Airless spray; (G) Air-assisted airless spray; or (H) Other adhesive application method capable of achieving a transfer efficiency equivalent to or better than that achieved by HVLP spraying. (e) Emission limits established in Subparagraph (d)(1) of this Rule shall be: (1) met by averaging the volatile organic compounds content of materials used oh a single application unit for each day; and (2) calculated as mass of volatile o
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Title | North Carolina register |
Date | 2010-03-01 |
Description | Volume 24, Issue 17, (March 1, 2010) |
Digital Characteristics-A | 3 MB; 92 p. |
Digital Format | application/pdf |
Full Text | This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 NORTH CAROLINA REGISTER VOLUME 24 ● ISSUE 17 ● Pages 1497 – 1584 March 1, 2010 I. EXECUTIVE ORDERS Executive Order No. 46 .................................................................................. 1497 - 1499 Executive Order No. 47 .................................................................................. 1500 – 1501 II. IN ADDITION DENR/Division of Water Quality – Notice of Rescheduled Hearing............. 1502 Decision Letters on "Changes Affecting Voting" from US Attorney General 1503 Elections, Board of – Advisory Opinion......................................................... 1504 – 1507 III. PROPOSED RULES Environment and Natural Resources, Department of Environmental Management Commission ...................................................... 1508 – 1539 Occupational Licensing Boards and Commissions Electrolysis Examiners, Board of.................................................................... 1539 – 1559 Examiners of Speech and Language Pathologists and Audiologists, Bd. of ... 1559 – 1560 IV. APPROVED RULES........................................................................................ 1561 – 1576 Environment and Natural Resources, Department of Environmental Management Commission Health and Human Services, Department of Mental Health/DD/SAS, Commission for Insurance, Department of Insurance, Commissioner of Justice, Department of Alarm Systems Licensing Board Private Protective Services Board Occupational Licensing Boards and Commissions Dental Examiners, Board of Hearing Aid Dealers and Fitters Board Licensed Professional Counselors, Board of Substance Abuse Professional Practice Board Secretary of State, Department of the Securities Division V. CONTESTED CASE DECISIONS Index to ALJ Decisions ...................................................................................... 1577 – 1584 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 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: Jim Blackburn jim.blackburn@ncacc.org 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 Governor’s Review Edwin M. Speas, Jr. edwin.speas@nc.gov General Counsel to the Governor (919) 733-5811 116 West Jones Street 20301 Mail Service Center Raleigh, North Carolina 27699-0301 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 2010 – December 2010 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 24:13 01/04/10 12/09/09 01/19/10 03/05/10 03/22/10 05/01/10 05/12/10 10/01/10 24:14 01/15/10 12/22/09 01/30/10 03/16/10 03/22/10 05/01/10 05/12/10 10/12/10 24:15 02/01/10 01/08/10 02/16/10 04/05/10 04/20/10 06/01/10 01/26/11 10/29/10 24:16 02/15/10 01/25/10 03/02/10 04/16/10 04/20/10 06/01/10 01/26/11 11/12/10 24:17 03/01/10 02/08/10 03/16/10 04/30/10 05/20/10 07/01/10 01/26/11 11/26109 24:18 03/15/10 02/22/10 03/30/10 05/14/10 05/20/10 07/01/10 01/26/11 12/10/10 24:19 04/01/10 03/11/10 04/16/10 06/01/10 06/21/10 08/01/10 01/26/11 12/27/10 24:20 04/15/10 03/24/10 04/30/10 06/14/10 06/21/10 08/01/10 01/26/11 01/10/11 24:21 05/03/10 04/12/10 05/18/10 07/02/10 07/20/10 09/01/10 01/26/11 01/28/11 24:22 05/17/10 04/26/10 06/01/10 07/16/10 07/20/10 09/01/10 01/26/11 02/11/11 24:23 06/01/10 05/10/10 06/16/10 08/02/10 08/20/10 10/01/10 01/26/11 02/26/11 24:24 06/15/10 05/24/10 06/30/10 08/16/10 08/20/10 10/01/10 01/26/11 03/12/11 25:01 07/01/10 06/10/10 07/16/10 08/30/10 09/20/10 11/01/10 01/26/11 03/28/11 25:02 07/15/10 06/23/10 07/30/10 09/13/10 09/20/10 11/01/10 01/26/11 04/11/11 25:03 08/02/10 07/12/10 08/17/10 10/01/10 10/20/10 12/01/10 01/26/11 04/29/11 25:04 08/16/10 07/26/10 08/31/10 10/15/10 10/20/10 12/01/10 01/26/11 05/13/11 25:05 09/01/10 08/11/10 09/16/10 11/01/10 11/22/10 01/01/11 01/26/11 05/29/11 25:06 09/15/10 08/24/10 09/30/10 11/15/10 11/22/10 01/01/11 01/26/11 06/12/11 25:07 10/01/10 09/10/10 10/16/10 11/30/10 12/20/10 02/01/11 05/2012 06/28/11 25:08 10/15/10 09/24/10 10/30/10 12/14/10 12/20/10 02/01/11 05/2012 07/12/11 25:09 11/01/10 10/11/10 11/16/10 01/03/11 01/20/11 03/01/11 05/2012 07/29/11 25:10 11/15/10 10/22/10 11/30/10 01/14/11 01/20/11 03/01/11 05/2012 08/12/11 25:11 12/01/10 11/05/10 12/16/10 01/31/11 02/21/11 04/01/11 05/2012 08/28/11 25:12 12/15/10 11/22/10 12/30/10 02/14/11 02/21/11 04/01/11 05/2012 09/11/11 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. EXECUTIVE ORDERS 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1497 EXECUTIVE ORDERS 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1498 EXECUTIVE ORDERS 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1499 EXECUTIVE ORDERS 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1500 EXECUTIVE ORDERS 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1501 IN ADDITION 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1502 NOTICE OF RESCHEDULED HEARING 15A NCAC 02B .0225 OUTSTANDING RESOURCE WATERS 15A NCAC 02B .0307 NEW RIVER BASIN A Notice of Text was previously published in the 24:14 issue of the NC Register for proposed amendments to these rules. The notice included a public hearing scheduled for February 1, 2010, as well as a comment period ending March 16, 2010. This public hearing was cancelled. Due to the cancellation of this public hearing, a public hearing has been rescheduled for March 16, 2010, at 6:30 p.m. at the Ashe Family Central cafeteria located at 626 Ashe Central School Road, Jefferson, NC. All previously submitted comments will be considered and comments will continue to be accepted through April 30, 2010. Written comments can be sent to the attention of Jamie McNees to either the postal address, email or fax number listed in this notice. Address: Jamie McNees DENR/Division of Water Quality/Planning Section 1617 Mail Service Center Raleigh, NC 27699-1617 Fax: (919) 807-6497 Jamie.McNees@ncdenr.gov IN ADDITION 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1503 IN ADDITION 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1504 IN ADDITION 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1505 IN ADDITION 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1506 IN ADDITION 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1507 PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1508 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. Notice is hereby given in accordance with G.S. 150B-21.2 that the Environmental Management Commission intends to adopt the rules cited as 15A NCAC 02D .0961-.0968, amend the rules cited as 15A NCAC 02D .0530-.0531, .0902, .0909, .0922, .0923, .0935, .0951-.0952; 02Q .0306, and repeal the rules cited as 15A NCAC 02D .0917, .0920-.0921, .0934, .0936. Proposed Effective Date: July 1, 2010 Public Hearing: Date: April 27, 2010 Time: 6:00 p.m. Location: Mecklenburg Government Center, Room CH-14, 600 E. 4th Street, Charlotte, NC 28202 Date: April 29, 2010 Time: 6:00 p.m. Location: DENR-Division of Air Quality, Central Office, Air Quality Annex Training Room (AQ-526), 2728 Capital Blvd, Raleigh, NC 27604 Reason for Proposed Action: Hearing 1: 15A NCAC 02D .0530, Prevention of Significant Deterioration, is proposed for amendment, to clarify that installation of BACT applies to all new natural gas-fired electrical utility generating units for which cost recovery is sought under the Clean Smokestacks Act. Amendments to Rule 15A NCAC 02D .0531, Sources in Nonattainment Areas, is proposed for amendment to remove pollutant specific references that require sources to continue measures after an area's redesignation to attainment and replace description of nonattainment areas with reference to 40 CFR 81.334 that identifies nonattainment areas. Hearing 2: 15A NCAC 02D .0900, Volatile Organic Compounds, is proposed for amendment to incorporate EPA Control Techniques Guidelines concerning what types of controls could constitute RACT for eleven source categories to comply with the requirements of Sections 172(c)(1) and 182(b)(2). 1. Amendments to 15A NCAC 02D Rules - .0909 Compliance Schedules for Sources in Nonattainment Areas; .0922, Metal Furniture Coatings; .0923, Surface Coating of Large Appliance Parts; .0935, Factory Surface Coating Of Flat Wood Paneling; .0902, Applicability; .0951, Miscellaneous Volatile Organic Compound Emissions, .0952 Petition for Alternative Controls for RACT. Also proposes amendments to 15A NCAC 02Q .0306, Permits Requiring Public Participation. 2. Adoptions of the Rules to 15A NCAC 02D Rules - .0961, Offset Lithographic Printing and Letterpress Printing; .0962, Industrial Cleaning Solvents; .0963, Fiberglass Boat Manufacturing; .0964, Miscellaneous Industrial Adhesives; .0965, Flexible Package Printing; .0966, Paper, Film and Foil Coatings; .0967, Miscellaneous Metal and Plastic Parts Coatings; .0968, Automobile and Light-Duty Truck Assembly Coatings. 3. Repeals of the current 15A NCAC 02D Rules - .0917, Automobile and Light-duty Truck Manufacturing; .0921, Fabric and Vinyl Coating; .0920, Paper Coating; .0934, Coating of Miscellaneous Metal Parts and Products; and .0936, Graphic Arts. Procedure by which a person can object to the agency on a proposed rule: Mail a letter including your specific reasons to: Mr. Michael Abraczinskas, Division of Air Quality, 1641 Mail Service Center, Raleigh, NC 27699-1641. Comments may be submitted to: Michael Abraczinskas, Division of Air Quality, 1641 Mail Service Center, Raleigh, NC 27699-1641, phone (919)715-3473, fax (919)715-7476, email Michael.abraczinskas@ncdenr.gov Comment period ends: April 30, 2010 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: A copy of the fiscal note can be obtained from the agency. State Local – 15A NCAC 02D .0530-.0531 Substantial Economic Impact (>$3,000,000) None – 15A NCAC 02D, .0902, .0909, .0917, .0920- .0921, .0922, .0923, .0935, .0934, .0936, .0951-.0952, .0961- .0968; 02Q .0306 PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1509 Fiscal Note posted at http://www.osbm.state.nc.us/pdf_files/DENR110609.pdf TITLE 15A – DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CHAPTER 02 - ENVIRONMENTAL MANAGEMENT SUBCHAPTER 02D - AIR POLLUTION CONTROL REQUIREMENTS SECTION .0500 - EMISSION CONTROL STANDARDS 15A NCAC 02D .0530 PREVENTION OF SIGNIFICANT DETERIORATION (a) The purpose of the Rule is to implement a program for the prevention of significant deterioration of air quality as required by 40 CFR 51.166. (b) For the purposes of this Rule the definitions contained in 40 CFR 51.166(b) and 40 CFR 51.301 shall apply except the definition of "baseline actual emissions." (1) "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated new source review (NSR) pollutant, as determined in accordance with Parts (A) through (C) of this Subparagraph: (A) For an existing emissions unit, baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5- year period immediately preceding the date that a complete permit application is received by the Division for a permit required under this Rule. The Director shall allow a different time period, not to exceed 10 years immediately preceding the date that a complete permit application is received by the Division, if the owner or operator demonstrates that it is more representative of normal source operation. For the purpose of determining baseline actual emissions, the following shall apply: (i) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (ii) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period. (iii) For an existing emission unit (other than an electric utility steam generating unit), the average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply. However, if the State has taken credit in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G) for an emission limitation that is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under part 63 of the Code of Federal Regulations, the baseline actual emissions shall be adjusted to account for such emission reductions. (iv) For an electric utility steam generating unit, the average rate shall be adjusted downward to reflect any emissions reductions under G. S. 143-215.107D and for which cost recovery is sought pursuant to G. S. 62- 133.6. (v) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period for each regulated NSR pollutant can be used for each regulated NSR pollutant. (vi) The average rate shall not be based on any consecutive 24-month period for which there is inadequate PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1510 information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparts (ii) and (iii) of this Part. (B) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. (C) For a plantwide applicability limit (PAL) for a stationary source, the baseline actual emissions shall be calculated for existing emissions units in accordance with the procedures contained in Part (A) of this Subparagraph, and for a new emissions unit in accordance with the procedures contained in Part (B) of this Subparagraph. (2) In the definition of "net emissions increase," the reasonable period specified in 40 CFR 51.166(b)(3)(ii) shall be seven years. (3) The limitation specified in 40 CFR 51.166(b)(15)(ii) shall not apply. (c) All areas of the State shall be classified as Class II except that the following areas are Class I: (1) Great Smoky Mountains National Park; (2) Joyce Kilmer Slickrock National Wilderness Area; (3) Linville Gorge National Wilderness Area; (4) Shining Rock National Wilderness Area; (5) Swanquarter National Wilderness Area. (d) Redesignations of areas to Class I or II may be submitted as state proposals to the Administrator of the Environmental Protection Agency (EPA), if the requirements of 40 CFR 51.166(g)(2) are met. Areas may be proposed to be redesignated as Class III, if the requirements of 40 CFR 51.166(g)(3) are met. Redesignations may not, however, be proposed which would violate the restrictions of 40 CFR 51.166(e). Lands within the boundaries of Indian Reservations may be redesignated only by the appropriate Indian Governing Body. (e) In areas designated as Class I, II, or III, increases in pollutant concentration over the baseline concentration shall be limited to the values set forth in 40 CFR 51.166(c). However, concentration of the pollutant shall not exceed standards set forth in 40 CFR 51.166(d). (f) Concentrations attributable to the conditions described in 40 CFR 51.166(f)(1) shall be excluded in determining compliance with a maximum allowable increase. However, the exclusions referred to in 40 CFR 51.166(f)(1)(i) or (ii) shall be limited to five years as described in 40 CFR 51.166(f)(2). (g) Major stationary sources and major modifications shall comply with the requirements contained in 40 CFR 51.166(i) and (a)(7) and by extension in 40 CFR 51.166(j) through (o) and (w). The transition provisions allowed by 40 CFR 52.21 (i)(11)(i) and (ii) and (m)(1)(vii) and (viii) are hereby adopted under this Rule. The minimum requirements described in the portions of 40 CFR 51.166 referenced in this Paragraph are hereby adopted as the requirements to be used under this Rule, except as otherwise provided in this Rule. Wherever the language of the portions of 40 CFR 51.166 referenced in this Paragraph speaks of the "plan," the requirements described therein shall apply to the source to which they pertain, except as otherwise provided in this Rule. Whenever the portions of 40 CFR 51.166 referenced in this Paragraph provide that the State plan may exempt or not apply certain requirements in certain circumstances, those exemptions and provisions of nonapplicability are also hereby adopted under this Rule. However, this provision shall not be interpreted so as to limit information that may be requested from the owner or operator by the Director as specified in 40 CFR 51.166(n)(2). (h) New natural gas-fired electrical utility generating units for which cost recovery is sought pursuant to G.S. 62-133.6 shall install best available control technology for NOX and SO2. SO2, regardless of applicability of the rest of this Rule. (i) 40 CFR 51.166(w)(10)(iv)(a) is changed to read: "If the emissions level calculated in accordance with Paragraph (w)(6) of this Section is equal to or greater than 80 percent of the PAL [plant wide applicability limit] level, the Director shall renew the PAL at the same level." 40 CFR 51.166(w)(10)(iv)(b) is not incorporated by reference. (j) 15A NCAC 02Q .0102 and .0302 are not applicable to any source to which this Rule applies. The owner or operator of the sources to which this Rule applies shall apply for and receive a permit as required in 15A NCAC 02Q .0300 or .0500. (k) When a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification to emit a pollutant, such as a restriction on hours of operation, then the provisions of this Rule shall apply to the source or modification as though construction had not yet begun on the source or modification. (l) The provisions of 40 CFR 52.21(r)(2) regarding the period of validity of approval to construct are incorporated by reference except that the term "Administrator" is replaced with "Director". (m) Volatile organic compounds exempted from coverage in 40 CFR 51.100(s) shall also be exempted when calculating source applicability and control requirements under this Rule. (n) The degree of emission limitation required for control of any air pollutant under this Rule shall not be affected in any manner by: (1) that amount of a stack height, not in existence before December 31, 1970, that exceeds good engineering practice; or (2) any other dispersion technique not implemented before then. (o) A substitution or modification of a model as provided for in 40 CFR 51.166(l) shall be subject to public comment procedures in accordance with the requirements of 40 CFR 51.102. (p) Permits may be issued on the basis of innovative control technology as set forth in 40 CFR 51.166(s)(1) if the requirements of 40 CFR 51.166(s)(2) have been met, subject to PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1511 the condition of 40 CFR 51.166(s)(3), and with the allowance set forth in 40 CFR 51.166(s)(4). (q) If a source to which this Rule applies impacts an area designated Class I by requirements of 40 CFR 51.166(e), notice to EPA will be provided as set forth in 40 CFR 51.166(p)(1). If the Federal Land Manager presents a demonstration described in 40 CFR 51.166(p)(3) during the public comment period or public hearing to the Director and if the Director concurs with this demonstration, the permit application shall be denied. Permits may be issued on the basis that the requirements for variances as set forth in 40 CFR 51.166(p)(4), (p)(5) and (p)(7), or (p)(6) and (p)(7) have been satisfied. (r) A permit application subject to this Rule shall be processed in accordance with the procedures and requirements of 40 CFR 51.166(q). Within 30 days of receipt of the application, applicants shall be notified if the application is complete as to initial information submitted. Commencement of construction before full prevention of significant deterioration approval is obtained constitutes a violation of this Rule. (s) Approval of an application with regard to the requirements of this Rule shall not relieve the owner or operator of the responsibility to comply fully with applicable provisions of other rules of this Subchapter or Subchapter 02Q of this Title and any other requirements under local, state, or federal law. (t) When a source or modification subject to this Rule may affect the visibility of a Class I area named in Paragraph (c) of this Rule, the following procedures shall apply: (1) The Director shall provide written notification to all affected Federal Land Managers within 30 days of receiving the permit application or within 30 days of receiving advance notification of an application. The notification shall be at least 30 days prior to the publication of notice for public comment on the application. The notification shall include a copy of all information relevant to the permit application including an analysis provided by the source of the potential impact of the proposed source on visibility. (2) The Director shall consider any analysis concerning visibility impairment performed by the Federal Land Manager if the analysis is received within 30 days of notification. If the Director finds that the analysis of the Federal Land Manager fails to demonstrate to his satisfaction that an adverse impact on visibility will result in the Class I area, the Director shall provide in the notice of public hearing on the application, an explanation of his decision or notice as to where the explanation can be obtained. (3) The Director may require monitoring of visibility in or around any Class I area by the proposed new source or modification when the visibility impact analysis indicates possible visibility impairment. (u) If the owner or operator of a source is using projected actual emissions to avoid applicability of prevention of significant deterioration requirements, the owner or operator shall notify the Director of the modification before beginning actual construction. The notification shall include: (1) a description of the project, (2) identification of sources whose emissions could be affected by the project, (3) the calculated projected actual emissions and an explanation of how the projected actual emissions were calculated, including identification of emissions excluded by 40 CFR 51.166(b)(40)(ii)(c), (4) the calculated baseline actual emissions and an explanation of how the baseline actual emissions were calculated, and (5) any netting calculations if applicable. If upon reviewing the notification, the Director finds that the project will cause a prevention of significant deterioration evaluation, then the Director shall notify the owner or operator of his findings. The owner or operator shall not make the modification until it has received a permit issued pursuant to this Rule. If a permit revision is not required pursuant to this rule, the owner or operator shall maintain records of annual emissions in tons per year, on a calendar year basis related to the modifications for 10 years following resumption of regular operations after the change if the project involves increasing the emissions unit's design capacity or its potential to emit the regulated NSR pollutant; otherwise these records shall be maintained for five years following resumption of regular operations after the change. The owner or operator shall submit a report to the director within 60 days after the end of each year during which these records must be generated. The report shall contain the items listed in 40 CFR 51.166(r)(6)(v)(a) through (c). The owner or operator shall make the information documented and maintained under this Paragraph available to the Director or the general public pursuant to the requirements in 40 CFR 70.4(b)(3)(viii). (v) The reference to the Code of Federal Regulations (CFR) in this Rule are incorporated by reference unless a specific reference states otherwise. The version of the Code of Federal Regulations incorporated in this Rule is that as of June 13, 2007. 2007 except those provisions noticed as stayed in 69 FR 40274, and does not include any subsequent amendments or editions to the referenced material. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3); 143- 215.107(a)(5); 143-215.107(a)(7); 143-215.108(b); 150B-21.6. 15A NCAC 02D .0531 SOURCES IN NONATTAINMENT AREAS (a) For the purpose of this Rule the definitions contained in 40 CFR 51.165(a)(1) and 40 CFR 51.301 shall apply except the definition of "baseline actual emissions." (1) "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated new source review (NSR) pollutant, as determined in accordance with Parts (A) through (C) of this Subparagraph: (A) For an existing emissions unit, baseline actual emissions means the average rate, in tons per year, at PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1512 which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5- year period immediately preceding the date that a complete permit application is received by the Division for a permit required under this Rule. The Director shall allow a different time period, not to exceed 10 years immediately preceding the date that a complete permit application is received by the Division, if the owner or operator demonstrates that it is more representative of normal source operation. For the purpose of determining baseline actual emissions, the following shall apply: (i) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (ii) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period. (iii) For an existing emission unit (other than an electric utility steam generating unit), the average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply. However, if the State has taken credit in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G) for an emission limitation that is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under part 63 of the Code of Federal Regulations, the baseline actual emissions shall be adjusted to account for such emission reductions. (iv) For an electric utility steam generating unit, the average rate shall be adjusted downward to reflect any emissions reductions under G.S. 143-215.107D and for which cost recovery is sought pursuant to G.S. 62- 133.6. (v) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period for each regulated NSR pollutant. (vi) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparts (ii) and (iii) of this Part. (B) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. (C) For a plantwide applicability limit (PAL) for a stationary source, the baseline actual emissions shall be calculated for existing emissions units in accordance with the procedures contained in Part (A) of this Subparagraph, and for a new emissions unit in accordance with the procedures contained in Part (B) of this Subparagraph. (2) In the definition of "net emissions increase," the reasonable period specified in 40 CFR 51.165(a)(1)(vi)(C)(1) shall be seven years. (b) Redesignation to Attainment. If any county or part of a county to which this Rule applies is later designated in 40 CFR 81.334 as attainment for ozone or carbon monoxide, all sources PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1513 in that county subject to this Rule before the redesignation date shall continue to comply with this Rule. (c) Applicability. 40 CFR 51.165(a)(2) is incorporated by reference. This Rule applies to areas designated as nonattainment in 40 CFR 81.334, including any subsequent amendments or editions. the following areas: (1) Ozone Nonattainment Areas, to major stationary sources and major modifications of sources of volatile organic compounds or nitrogen oxides for which construction commences after the area in which the source is located is designated according to Part (A) or (B) of this Subparagraph: (A) areas designated in 40 CFR 81.334 as nonattainment for ozone, or (B) any of the following areas and in that area only when the Director notices in the North Carolina Register that the area is in violation of the ambient air quality standard for ozone: (i) Charlotte/Gastonia, consisting of Mecklenburg and Gaston Counties; with the exception allowed under Paragraph (l) of this Rule; (ii) Greensboro/Winston- Salem/High Point, consisting of Davidson, Forsyth, and Guilford Counties and that part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River; or (iii) Raleigh/Durham, consisting of Durham and Wake Counties and Dutchville Township in Granville County. Violations of the ambient air quality standard for ozone shall be determined according to 40 CFR 50.9. (2) Carbon Monoxide Nonattainment Areas. This Rule applies to major stationary sources and major modifications of sources of carbon monoxide located in areas designated in 40 CFR 81.334 as nonattainment for carbon monoxide and for which construction commences after the area in which the source is located is listed in 40 CFR 81.334 as nonattainment for carbon monoxide. (d) This Rule is not applicable to: (1) complex sources of air pollution regulated only under Section .0800 of this Subchapter and not under any other rule in this Subchapter; (2) emission of pollutants at the new major stationary source or major modification located in the nonattainment area that are pollutants other than the pollutant or pollutants for which the area is nonattainment. (A major stationary source or major modification that is major for volatile organic compounds or nitrogen oxides is also major for ozone.); (3) emission of pollutants for which the source or modification is not major; (4) a new source or modification that qualifies for exemption under the provision of 40 CFR 51.165(a)(4); or (5) emission of compounds listed under 40 CFR 51.100(s) as having been determined to have negligible photochemical reactivity except carbon monoxide. (e) 15A NCAC 02Q .0102 and .0302 are not applicable to any source to which this Rule applies. The owner or operator of the source shall apply for and receive a permit as required in 15A NCAC 02Q .0300 or .0500. (f) To issue a permit to a source to which this Rule applies, the Director shall determine that the source meets the following requirements: (1) The new major stationary source or major modification will emit the nonattainment pollutant at a rate no more than the lowest achievable emission rate; (2) The owner or operator of the proposed new major stationary source or major modification has demonstrated that all major stationary sources in the State that are owned or operated by this person (or any entity controlling, controlled by, or under common control with this person) are subject to emission limitations and are in compliance, or on a schedule for compliance that is federally enforceable or contained in a court decree, with all applicable emission limitations and standards of this Subchapter that EPA has authority to approve as elements of the North Carolina State Implementation Plan for Air Quality; (3) The owner or operator of the proposed new major stationary source or major modification will obtain sufficient emission reductions of the nonattainment pollutant from other sources in the nonattainment area so that the emissions from the new major source and associated new minor sources will be less than the emissions reductions by a ratio of at least 1.00 to 1.15 for volatile organic compounds and nitrogen oxides and by a ratio of less than one to one for carbon monoxide. The baseline for this emission offset shall be the actual emissions of the source from which offset credit is obtained. Emission reductions shall not include any reductions resulting from compliance (or scheduled compliance) with applicable rules in effect before the application. The difference PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1514 between the emissions from the new major source and associated new minor sources of carbon monoxide and the emission reductions shall be sufficient to represent reasonable further progress toward attaining the National Ambient Air Quality Standards. The emissions reduction credits shall also conform to the provisions of 40 CFR 51.165(a)(3)(ii)(A) through (G) and (J); and (4) The North Carolina State Implementation Plan for Air Quality is being carried out for the nonattainment area in which the proposed source is located. (g) New natural gas-fired electrical utility generating units for which cost recovery is sought pursuant to G.S. 62-133.6 shall install lowest achievable emission rate technology for NOX and SO2. SO2, regardless of the applicability of the rest of this Rule. (h) 40 CFR 51.165(f) is incorporated by reference except that 40 CFR 51.165(f)(10)(iv)(A) is changed to read: "If the emissions level calculated in accordance with Paragraph (f)(6) of this Section is equal to or greater than 80 percent of the PAL level, the Director shall renew the PAL at the same level." 40 CFR 51.165(f)(10)(iv)(B) is not incorporated by reference. (i) When a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation established after August 7, 1980, on the capacity of the source or modification to emit a pollutant, such as a restriction on hours of operation, then the provisions of this Rule shall apply to the source or modification as though construction had not yet begun on the source or modification. (j) To issue a permit to a source of a nonattainment pollutant, the Director shall determine, in addition to the other requirements of this Rule, that an analysis (produced by the permit applicant) of alternative sites, sizes, production processes, and environmental control techniques for the source demonstrates that the benefits of the source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification. (k) The provisions of 40 CFR 52.21(r)(2) regarding the period of validity of approval to construct are incorporated by reference except that the term "Administrator" is replaced with "Director". (l) Approval of an application regarding the requirements of this Rule shall not relieve the owner or operator of the responsibility to comply fully with applicable provisions of other rules of this Chapter and any other requirements under local, state, or federal law. (m) When a source or modification subject to this Rule may affect the visibility of a Class I area named in Paragraph (c) of Rule .0530 of this Section, the following procedures shall be followed: (1) The owner or operator of the source shall provide an analysis of the impairment to visibility that would occur because of the source or modification and general commercial, industrial and other growth associated with the source or modification; (2) The Director shall provide written notification to all affected Federal Land Managers within 30 days of receiving the permit application or within 30 days of receiving advance notification of an application. The notification shall be at least 30 days before the publication of the notice for public comment on the application. The notification shall include a copy of all information relevant to the permit application including an analysis provided by the source of the potential impact of the proposed source on visibility; (3) The Director shall consider any analysis concerning visibility impairment performed by the Federal Land Manager if the analysis is received within 30 days of notification. If the Director finds that the analysis of the Federal Land Manager fails to demonstrate to his satisfaction that an adverse impact on visibility will result in the Class I area, the Director shall provide in the notice of public hearing on the application, an explanation of his decision or notice where the explanation can be obtained; (4) The Director shall issue permits only to those sources whose emissions will be consistent with making reasonable progress toward the national goal of preventing any future, and remedying any existing, impairment of visibility in mandatory Class I areas when the impairment results from manmade air pollution. In making the decision to issue a permit, the Director shall consider the cost of compliance, the time necessary for compliance, the energy and nonair quality environmental impacts of compliance, and the useful life of the source; and (5) The Director may require monitoring of visibility in or around any Class I area by the proposed new source or modification when the visibility impact analysis indicates possible visibility impairment. The requirements of this Paragraph shall not apply to nonprofit health or nonprofit educational institutions. (n) Paragraphs (f) and (j) of this Rule shall not apply to a new major stationary source or a major modification of a source of volatile organic compounds or nitrogen oxides for which construction commences after the area in which the source is located has been designated according to Part (c)(1)(B) of this Rule and before the area is designated in 40 CFR 81.334 as nonattainment for ozone if the owner or operator of the source demonstrates, using the Urban Airshed Model (UAM), that the new source or modification will not contribute to or cause a violation. The model used shall be that maintained by the Division. The Division shall run the model only after the permit application has been submitted. The permit application shall be incomplete until the modeling analysis is completed. The owner or operator of the source shall apply such degree of control and obtain such offsets necessary to demonstrate the new source or modified source will not cause or contribute to a violation. (o)(n) If the owner or operator of a source is using projected actual emissions to avoid applicability of nonattainment new PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1515 source review, the owner or operator shall notify the director of the modification before beginning actual construction. The notification shall include: (1) a description of the project, (2) identification of sources whose emissions could be affected by the project, (3) the calculated projected actual emissions and an explanation of how the projected actual emissions were calculated, including identification of emissions excluded by 40 CFR 51.165(a)(1)(xxviii)(B)(3), (4) the calculated baseline actual emissions and an explanation of how the baseline actual emissions were calculated, and (5) any netting calculations if applicable. If upon reviewing the notification, the Director finds that the project will cause a nonattainment new source review evaluation, then the Director shall notify the owner or operator of his findings. The owner or operator shall not make the modification until it has received a permit issued pursuant to this Rule. If a permit revision is not required pursuant to this Rule, the owner or operator shall maintain records of annual emissions in tons per year on a calendar year basis related to the modifications for 10 years following resumption of regular operations after the change if the project involves increasing the emissions unit's design capacity or its potential to emit the regulated NSR pollutant; otherwise these records shall be maintained for five years following resumption of regular operations after the change. The owner or operator shall submit a report to the director within 60 days after the end of each year during which these records must be generated. The report shall contain the items listed in 40 CFR 51.165(a)(6)(v)(A) through (C). The owner or operator shall make the information documented and maintained under this Paragraph available to the Director or the general public pursuant to the requirements in 40 CFR 70.4(b)(3)(viii). (p)(o) The references to the Code of Federal Regulations (CFR) in this Rule are incorporated by reference unless a specific reference states otherwise. Except for 40 CFR 81.334, the version of the Code of Federal Regulations incorporated in this Rule is that as of June 13, 2007 2007. those provisions noticed as stayed in 69 FR 40274, and does not include any subsequent amendments or editions to the referenced material. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 143- 215.108(b). SECTION .0900 - VOLATILE ORGANIC COMPOUNDS 15A NCAC 02D .0902 APPLICABILITY (a) The rules in this Section do not apply except as specifically set out in this Rule. (b) This Section applies to sources that emit greater than or equal to 15 pounds of volatile organic compounds per day. (c) Rules .0925, .0926, .0927, .0928, .0931, .0932, .0933, and .0958 of this Section apply regardless of the level of emissions of volatile organic compounds. (b)(d) Regardless of any other statement of applicability of this Section, this This Section does not apply to: (1) sources whose emissions of volatile organic compounds are not more than 15 pounds per day, except that this Section does apply to the manufacture and use of cutback asphalt and to gasoline service stations or gasoline dispensing facilities regardless of levels of emissions of volatile organic compounds; (2)(1) sources whose emissions do not exceed that emit less than 800 pounds of volatile organic compounds per calendar month and that are: (A) bench-scale, on-site equipment used exclusively for chemical or physical analysis for quality control purposes, staff instruction, water or wastewater analyses, or non-production environmental compliance assessments; (B) bench-scale experimentation, chemical or physical analyses, training or instruction from not-for-profit, non-production educational laboratories; (C) bench-scale experimentation, chemical or physical analyses, training or instruction from hospitals or health laboratories pursuant to the determination or diagnoses of illness; or (D) research and development laboratory activities provided the activity produces no commercial product or feedstock material; or (3)(2) emissions of volatile organic compounds during startup or shutdown operations from sources which use incineration or other types of combustion to control emissions of volatile organic compounds whenever the off-gas contains an explosive mixture during the startup or shutdown operation if the exemption is approved by the Director as meeting the requirements of this Subparagraph. (c)(e) The following rules of this Section apply statewide: (1) .0925, Petroleum Liquid Storage in Fixed Roof Tanks, for fixed roof tanks at gasoline bulk plants and gasoline bulk terminals; (2) .0926, Bulk Gasoline Plants; (3) .0927, Bulk Gasoline Terminals; (4) .0928, Gasoline Service Stations Stage I; (5) .0932, Gasoline Truck Tanks and Vapor Collection Systems; (6) .0933, Petroleum Liquid Storage in External Floating Roof Tanks, for external floating roof tanks at bulk gasoline plants and bulk gasoline terminals; (7) .0948, VOC Emissions from Transfer Operations; (8) .0949, Storage of Miscellaneous Volatile Organic Compounds; and PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1516 (9) .0958, Work Practices for Sources of Volatile Organic Compounds. (d) All sources located in Mecklenburg County that were required to comply with any of the Rules in Subparagraphs (d)(1) or (2) of this Rule before July 5, 1995 shall continue to comply with these Rules: (1) .0917 through .0937 of this Section, or (2) .0943 through .0945 of this Section. (e)(f) The Rules in this Section apply to facilities with the potential to emit greater than or equal to 100 tons of volatile organic compounds per year in the following areas: (1) Cabarrus County (2) Gaston County (3) Lincoln County (4) Mecklenburg County (5) Rowan County (6) Union County (7) Davidson Township and Coddle Creek Township in Iredell County (g) If any county or part of a county to which this Section applies is later designated in 40 CFR 81.334 as attainment, all sources in that county subject to this Section before the redesignation to attainment shall continue to comply with this Section. (f) If a violation of the ambient air quality standard for ozone is measured in accordance with 40 CFR 50.9 in Davidson, Forsyth, or Guilford County or that part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River, the Director shall initiate analysis to determine the control measures needed to attain and maintain the ambient air quality standard for ozone. By the following May 1, the Director shall implement the specific stationary source control measures contained in this Section that are required as part of the control strategy necessary to bring the area into compliance and to maintain compliance with the ambient air quality standard for ozone. The Director shall implement the rules in this Section identified as being necessary by the analysis by notice in the North Carolina Register. The notice shall identify the rules that are to be implemented and shall identify whether the rules implemented are to apply in Davidson, Forsyth, or Guilford County or that part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River or any combination thereof. At least one week before the scheduled publication date of the North Carolina Register containing the Director's notice implementing rules in this Section, the Director shall send written notification to all permitted facilities within the county in which the rules are being implemented that are or may be subject to the requirements of this Section informing them that they are or may be subject to the requirements of this Section. (For Forsyth County, "Director" means for the purpose of notifying permitted facilities in Forsyth County, the Director of the Forsyth County local air pollution control program.) Compliance shall be in accordance with Rule .0909 of this Section. (g) If a violation of the ambient air quality standard for ozone is measured in accordance with 40 CFR 50.9 in Durham or Wake County or Dutchville Township in Granville County, the Director shall initiate analysis to determine the control measures needed to attain and maintain the ambient air quality standard for ozone. By the following May 1, the Director shall implement the specific stationary source control measures contained in this Section that are required as part of the control strategy necessary to bring the area into compliance and to maintain compliance with the ambient air quality standard for ozone. The Director shall implement the rules in this Section identified as being necessary by the analysis by notice in the North Carolina Register. The notice shall identify the rules that are to be implemented and shall identify whether the rules implemented are to apply in Durham or Wake County or Dutchville Township in Granville County or any combination thereof. At least one week before the scheduled publication date of the North Carolina Register containing the Director's notice implementing rules in this Section, the Director shall send written notification to all permitted facilities within the county in which the rules are being implemented that are or may be subject to the requirements of this Section informing them that they are or may be subject to the requirements of this Section. Compliance shall be in accordance with Rule .0909 of this Section. (h) If EPA reclassifies the Charlotte-Gastonia-Rock Hill ozone nonattainment area as serious for ozone under Section 182 of the federal Clean Air Act, the rules in this Section shall apply to facilities in Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and Davidson and Coddle Creek townships in Iredell County with the potential to emit at least 50 tons but less than 100 tons of volatile organic compounds per year. Within 60 days of the reclassification, the Director shall notice the applicability of these Rules to these facilities in the North Carolina Register and shall send written notification to all permitted facilities within the counties in which the rules are being implemented that are or may be subject to the requirements of this Section informing them that they are or may be subject to the requirements of this Section. (For Mecklenburg County, "Director" means for the purpose of notifying permitted facilities in Mecklenburg County, the Director of the Mecklenburg County local air pollution control program.) Compliance shall be according to Rule .0909 of this Section. (i) Sources whose emissions of volatile organic compounds are not subject to limitation under this Section may still be subject to emission limits on volatile organic compounds in Rules .0524, .1110, or .1111 of this Subchapter. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0909 COMPLIANCE SCHEDULES FOR SOURCES IN NONATTAINMENT AREAS (a) Applicability. With the exceptions in Paragraph (b) of this Rule, this Rule applies to all sources covered by Paragraph (e), (f), (g), or (h) (f) or (h) of Rule .0902 of this Section. (b) Exceptions. This Rule does not apply to: to (1) sources in Mecklenburg County required to comply with the requirements of this Section under Rule .0902(d) of this Section; or (2) sources required to comply with the requirements of this Section under Paragraph (e) of Rule .0902(c) .0902 of this Section. PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1517 (c) Maintenance area and Charlotte ozone nonattainment area contingency plan. The owner or operator of any source subject to this Rule because of the application of Paragraph (f), (g), or (h) (h)of Rule .0902 of this Section shall adhere to the following increments of progress and schedules: (1) if compliance is to be achieved by installing emission control equipment, replacing process equipment, or modifying existing process equipment: (A) The owner or operator shall submit a permit application and a compliance schedule within six months after the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone; (B) The compliance schedule shall contain the following increments of progress: (i) a date by which contracts for the emission control system and process equipment shall be awarded or orders shall be issued for purchase of component parts; (ii) a date by which on-site construction or installation of the emission control and process equipment shall begin; and (iii) a date by which on-site construction or installation of the emission control and process equipment shall be completed; (C) Final compliance shall be achieved within three years after the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone. (2) if compliance is to be achieved by using low solvent content coating technology: (A) The owner or operator shall submit a permit application and a compliance schedule within six months after the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone; (B) The compliance schedule shall contain the following increments: (i) a date by which research and development of low solvent content coating shall be completed if the Director determines that low solvent content coating technology has not been sufficiently researched and developed; (ii) a date by which evaluation of product quality and commercial acceptance shall be completed; (iii) a date by which purchase orders shall be issued for low solvent content coatings and process modifications; (iv) a date by which process modifications shall be initiated; and (v) a date by which process modifications shall be completed and use of low solvent content coatings shall begin; (C) Final compliance shall be achieved within three years after the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone. (3) The owner or operator shall certify to the Director within five days after each increment deadline of progress in this Paragraph, whether the required increment of progress has been met. (d) Nonattainment areas. The owner or operator of any source subject to this Rule because of the application of Paragraph (e)(f) of Rule .0902 of this Section shall adhere to the following increments of progress and schedules: (1) if compliance is to be achieved by installing emission control equipment, replacing process equipment, or modifying existing process equipment: (A) The owner or operator shall submit a permit application and a compliance schedule by August 1, 2007; (B) The compliance schedule shall contain the following increments of progress: (i) a date by which contracts for the emission control system and process equipment shall be awarded or orders shall be issued for purchase of component parts; (ii) a date by which on-site construction or installation of the emission control and process equipment shall begin; and (iii) a date by which on-site construction or installation of the emission control and PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1518 process equipment shall be completed. (C) Final compliance shall be achieved no later than April 1, 2009. (2) if compliance is to be achieved by using low solvent content coating technology: (A) The owner or operator shall submit a permit application and a compliance schedule by August 1, 2007; (B) The compliance schedule shall contain the following increments: (i) a date by which research and development of low solvent content coating shall be completed if the Directo r determines that low solvent content coating technology has not been sufficiently researched and developed; (ii) a date by which evaluation of product quality and commercial acceptance shall be completed; (iii) a date by which purchase orders shall be issued for low solvent content coatings and process modifications; (iv) a date by which process modifications shall be initiated; and (v) a date by which process modifications shall be completed and use of low solvent content coatings shall begin. (C) Final compliance shall be achieved no later than April 1, 2009. (3) The owner or operator shall certify to the Director within five days after the deadline, for each increment of progress in this Paragraph, whether the required increment of progress has been met. (e) If the Director requires a test to demonstrate that compliance has been achieved, the owner or operator of sources subject to this Rule shall conduct a test and submit a final test report within six months after the stated date of final compliance. (f) Sources already in compliance. (1) Maintenance area and Charlotte ozone nonattainment area contingency plan. Paragraph (c) of this Rule shall not apply to sources that are in compliance with applicable rules of this Section when the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone and that have determined and certified compliance to the satisfaction of the Director within six months after the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone. (2) Nonattainment areas. Paragraphs (d) of this Rule shall not apply to sources in an area named in Paragraph (e)(f) of Rule .0902 of this Section that are in compliance with applicable rules of this Section on March 1, 2007. (g) New sources. (1) Maintenance area and Charlotte ozone nonattainment area contingency plan. The owner or operator of any new source of volatile organic compounds not in existence or under construction before the date that the Director notices in the North Carolina Register in accordance with Paragraph (f), (g), or (h) (h) of Rule .0902 of this Section the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone, shall comply with all applicable rules in this Section upon start-up of the source. (2) Nonattainment areas. The owner or operator of any new source of volatile organic compounds not in existence or under construction before March 1, 2007 in an area identified in Paragraph (e) (f) of Rule .0902 shall comply with all applicable rules in this Section upon start-up of the source. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0917 AUTOMOBILE AND LIGHT-DUTY TRUCK MANUFACTURING (a) For the purpose of this Rule, the following definitions apply: (1) "Application area" means the area where the coating is applied by dipping or spraying. (2) "Manufacturing plant" means a facility where auto body parts are manufactured or finished for eventual inclusion into a finished product ready for sale to vehicle dealers. Customizers, body shops and other repainters are not part of this definition. (3) "Automobile" means all passenger cars or passenger car derivatives capable of seating 12 or fewer passengers. (4) "Light-duty trucks" means any motor vehicles rated at 8,500 pounds gross weight or less which are designed primarily for purpose of transportation or are derivatives of such vehicles except automobiles. (b) This Rule applies to the application area(s), flashoff area(s), and oven(s), of automotive and light-duty truck manufacturing plants involved in prime, topcoat and final repair coating operations. (c) With the exception stated in Paragraph (d) of this Rule, emissions of volatile organic compounds from any automotive or light-duty truck manufacturing plant coating line subject to this Rule shall not exceed: PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1519 (1) 1.4 pounds of volatile organic compounds per gallon of solids delivered to the applicator from prime application, flashoff area, and oven operations; (2) 4.5 pounds of volatile organic compounds per gallon of solids delivered to the applicator from topcoat and surface application, flashoff area, and oven operation; (3) 13.8 pounds of volatile organic compounds per gallon of solids delivered to the applicator from final repair application, flashoff area, and oven operation. (d) Any source which has chosen to control emissions of volatile organic compounds under Rule .0518(e) of this Subchapter and which has installed air pollution control equipment in accordance with an air quality permit in order to comply with this Rule before December 1, 1989, may comply with the limits contained in this Paragraph instead of those contained in Paragraph (c) of this Rule. Emissions of volatile organic compounds from any automotive or light-duty truck manufacturing plant coating line subject to this Rule shall not exceed: (1) 1.2 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the applicator from prime application, flashoff area, and oven operations; (2) 2.8 pounds of volatile organic compounds per gallon of coating, daily weighted average, excluding water and exempt compounds, delivered to the applicator from topcoat and surface application, flashoff area, and oven operation; (3) 4.8 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the applicator from final repair application, flashoff area, and oven operation. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0920 PAPER COATINGS (a) For the purpose of this Rule, the following definitions apply: (1) "Knife coating" means the application of a coating material to a substrate by means of drawing the substrate beneath a knife that spreads the coating evenly over the full width of the substrate. (2) "Paper coating" means decorative, protective, or functional coatings put on paper and pressure sensitive tapes regardless of substrate. The coatings shall be distributed uniformly across the web. Related web coating processes on plastic film and decorative coatings on metal foil are included in this definition. Saturation operations are included in this definition. (3) "Roll coating" means the application of a coating material to a substrate by means of hard rubber or steel rolls. (4) "Rotogravure coating" means the application of a coating material to a substrate by means of a roll coating technique in which the substance to be applied is temporarily retained in etchings on the coating roll. The coating material is picked up in these recessed areas and is transferred to the substrate. (b) This Rule applies to roll, knife or rotogravure coater(s) and drying oven(s) of paper coating lines. (c) With the exception stated in Paragraph (d) of this Rule, emissions of volatile organic compounds from any paper coating line subject to this Rule shall not exceed 4.8 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator from a paper coating line. (d) Any source which has chosen to control emissions of volatile organic compounds under Rule .0518 (e) of this Subchapter and which has installed air pollution control equipment in accordance with an air quality permit in order to comply with this Rule before December 1, 1989, may comply with the limits contained in this Paragraph instead of those contained in Paragraph (c) of this Rule. Emissions of volatile organic compounds from any paper coating line subject to this Rule shall not exceed 2.9 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the coating applicator from a paper coating line. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0921 FABRIC AND VINYL COATING (a) For the purpose of this Rule, the following definitions apply: (1) "Fabric coating" means applying protective or functional coatings to a textile substance with a knife, roll, rotogravure, rotary screen, or flat screen coater to impart properties that are not initially present, such as strength, stability, water or acid repellency, or appearance. Printing on textile fabric for decorative or other purposes is not part of this definition. Saturation operations are included in this definition. (2) "Knife coating" means the application of a coating material to a substrate by means of drawing the substrate beneath a knife which spreads the coating evenly over the full width of the substrate. (3) "Roll coating" means the application of a coating material to a substrate by means of hard rubber or steel rolls. (4) "Rotogravure coating" means the application of a coating material to a substrate by means of a roll coating technique in which the pattern to be applied is etched on the coating roll. The coating material is picked up in these recessed areas and is transferred to the substrate. PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1520 (5) "Vinyl coating" means applying a functional, decorative, or protective topcoat, or printing on vinyl coated fabric or vinyl sheets. (6) "Rotary screen or flat screen coating" means the application of a coating material to a substrate by means of masking the surface and applying a color or finish using a screen either in flat form or rotary form. (b) This Rule applies to roll, knife, rotogravure, rotary screen, or flat screen coater(s) and drying oven(s) of fabric and vinyl coating lines. (c) With the exception stated in Paragraph (d) of this Rule, emissions of volatile organic compounds from any fabric coating line or vinyl coating line subject to this Rule shall not exceed: (1) 4.8 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator from a fabric coating line; (2) 7.9 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator from a vinyl coating line. (d) Any source which has chosen to control emissions of volatile organic compounds under Rule .0518(e) of this Subchapter and which has installed air pollution control equipment in accordance with an air quality permit in order to comply with this Rule before December 1, 1989, may comply with the limits contained in this Paragraph instead of those contained in Paragraph (c) of this Rule. Emissions of volatile organic compounds from any fabric coating line or vinyl coating line subject to this Rule shall not exceed: (1) 2.9 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the coating applicator from a fabric coating line; (2) 3.8 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the coating applicator from a vinyl coating line. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0922 METAL FURNITURE COATINGS (a) For the purpose of this Rule, the following definitions apply: (1) "Application area" means the area where the coating is applied by spraying, dipping, or flowcoating techniques. (2) "Coating unit" means one or more coating areas and any associated drying area and/or oven wherein a coating is applied, dried, or cured. (2)(3) "Metal furniture coating" coatings" means the surface coating of any furniture made of metal or any metal part which will be assembled with other metal, wood, fabric, plastic, or glass parts to form a furniture piece. paints, sealants, caulks, inks, adhesives, and maskants. (b) This Rule applies to application area(s), flashoff area(s), and oven(s) of metal furniture coating lines involved in prime and topcoat or single coating operations. each metal furniture surface coating unit source whose emissions of volatile organic compounds exceeds the threshold established in 15A NCAC 02D .0902(b). (c) With the exception stated in Paragraph (d)(f) of this Rule, emissions of all volatile organic compounds from metal furniture coating line unit subject to this Rule shall not exceed: exceed 5.1 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator from prime and topcoat or single coat operations: (1) 2.3 pounds of volatile organic compounds per gallon of coating excluding water and exempt compounds (3.3 pounds of volatile organic compounds per gallon of solids) delivered from general, one component or general, multi-component types of coating operations; and (2) 3.0 pounds of volatile organic compounds per gallon of coating excluding water and exempt compounds (5.1 pounds of volatile organic compounds per gallon of solids) delivered from any other types of coating operations. (d) Any source which has chosen to control emissions of volatile organic compounds under Rule .0518(e) of this Subchapter and which has installed air pollution control equipment in accordance with an air quality permit in order to comply with this Rule before December 1, 1989, may comply with the limits contained in this Paragraph instead of those contained in Paragraph (c) of this Rule. Emissions of volatile organic compounds from any metal furniture coating line subject to this Rule shall not exceed 3.0 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the coating applicator from prime and topcoat or single coat operations. (d) EPA Method 24 (CFR Part 60, Appendix A-7) shall be used to determine the volatile organic compounds content of coating materials used at metal furniture surface coating units unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer. (e) Emissions limits established in Subparagraph (c)(2) of this Rule do not apply to stencil coatings, safety-indicating coatings, solid film lubricants, electric-insulating and thermal-conducting coatings, touch up and repair coatings, coating application utilizing hand- held aerosol cans, or cleaning operations. (f) Any coating unit which has chosen to use add-on control for coating operations rather than the emission limits established in Paragraph (c) of this Rule shall install control equipment with an overall control efficiency of 90 percent or use a combination of coating and add-on control equipment on a coating unit to meet limits established in Paragraph (c) of this Rule. (g) The owner or operator of any facility subject to this rule shall comply with the Rules .0903 and .0958 of this Section. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0923 SURFACE COATING OF LARGE APPLIANCE PARTS (a) For the purpose of this Rule, the following definitions apply: PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1521 (1) "Application area" means the area where the coating is applied by spraying, dipping, or flow coating techniques. (2) "Single coat" means a single film of coating applied directly to the metal substrate omitting the primer application. (2) "Coating unit" means a unit that consists of a series of one or more coating applicators and any associated drying area or oven where a coating is dried, or cured. (3) "Large appliances" appliance part" means doors, cases, lids, panels, and interior support parts of residential and commercial washers, dryers, ranges, refrigerators, freezers, water heaters, dishwashers, trash compactors, air conditioners, and other similar products. any organic surface-coated metal lid, door, casing, panel, or other interior or exterior metal part or accessory that is assembled to form a large appliance product. (4) "Large appliance product" means any organic surface-coated metal range, oven, microwave oven, refrigerator, freezer, washer, dryer, dishwasher, water heater, or trash compactor manufactured for household, commercial, or recreational use. (b) This Rule applies to application area(s), flashoff area(s), and oven(s) of large appliance coating lines involved in prime, single, or topcoat coating operations. each large appliance coating unit source whose volatile organic compounds emissions exceed the threshold established in 15A NCAC 02D .0902(b). (c) This Rule does not apply to the use of quick-drying lacquers for repair of scratches and nicks, which occur during assembly, if the volume of coating does not exceed one quart in any eight-hour period. (d)(c) With the exception stated in Paragraph (e) of this Rule, emissions Emissions of all volatile organic compounds from any large appliance coating line unit subject to this Rule shall not exceed: exceed 4.5 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator from prime, single, or topcoat coating operations. (1) 2.3 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds (3.3 pounds of volatile organic compounds per gallon of solids) delivered from general, one component coating or general, multi-component types of coating operations; and (2) 2.8 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds (4.5 pounds of volatile organic compounds per gallon of solids) delivered from any other types of coating operations. (e) Any source which has chosen to control emissions of volatile organic compounds under Rule .0518 (e) of this Subchapter and which has installed air pollution control equipment in accordance with an air quality permit in order to comply with this Rule before December 1, 1989, may comply with the limits contained in this Paragraph instead of those contained in Paragraph (d) of this Rule. Emissions of volatile organic compounds from any large appliance coating line subject to this Rule shall not exceed 2.8 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the coating applicator from prime, single, or topcoat any coating operations. (d) EPA Method 24 (CFR Part 60, Appendix A-7) shall be used to determine the volatile organic compounds content of coating materials used at surface coating of large appliances parts facilities unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer. (e) Emissions limits established in Subparagraph (c)(2) of this Rule do not apply to stencil coatings, safety-indicating coatings, solid film lubricants, electric-insulating and thermal-conducting coatings, touch up and repair coatings, coating applications utilizing hand- held aerosol cans, or any cleaning material. (f) Any coating unit which has chosen to use add-on controls for coating operations rather than the emission limits established in Paragraph (c) of this Rule shall install control equipment with an overall control efficiency of 90 percent or use a combination of coating and add-on control equipment on a coating unit to meet limits established in Paragraph (c) of this Rule. (g) The owner or operator of any facility subject to this Rule shall comply with the Rules .0903 and .0958 of this Section. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0934 COATING OF MISCELLANEOUS METAL PARTS AND PRODUCTS (a) For the purpose of this Rule, the following definitions apply: (1) "Heat sensitive material" means materials that cannot be exposed to temperatures greater than 180°F to 200°F. (2) "Air dried coating" means coatings which are dried by the use of air or a forced air drier. (3) "Clear coat" means a coating which lacks color and opacity. (4) "Extreme performance coatings" means coatings designed for harsh exposure or extreme environmental conditions. (5) "Extreme environmental conditions" means exposure to: (A) the weather at all times; (B) temperatures consistently above 203°F; (C) detergents, scouring, solvents, or corrosive atmospheres; or (D) other similar environmental conditions. (b) This Rule applies to application areas, flashoff areas, ovens and other processes that are used in the coating of metal parts and products of the following types of manufacturing plants: (1) large farm machinery including harvesting, fertilizing and planting machines, tractors, combines, and other similar machines; PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1522 (2) small farm machinery including lawn and garden tractors, lawn mowers, rototillers, and other similar machines; (3) small appliances including fans, mixers, blenders, crock pots, dehumidifiers, vacuum cleaners, and other similar machines; (4) commercial machinery including computers and auxiliary equipment, typewriters, calculators, vending machines, and other similar machines; (5) industrial machinery including pumps, compressors, conveyor components, fans, blowers, transformers, and other similar machines; (6) fabricated metal products including metal covered doors, frames and other similar structures; and (7) any other manufacturing plant that coats metal parts or products. (c) This Rule does not apply to: (1) sources covered by Rules .0917, .0918, .0919, .0922, .0923, and .0924 of this Section; (2) architectural and maintenance coating; (3) coating of airplane exterior; (4) automobile refinishing; (5) customized coating of automobiles and trucks; or (6) exterior of marine vessels. (d) With the exception stated in Paragraph (e) of this Rule, emissions of volatile organic compounds from any coating line subject to this Rule shall not exceed: (1) 10.3 pounds of volatile organic compounds per gallon of solids delivered to a coating applicator that applies clear coatings; (2) 6.7 pounds of volatile organic compounds per gallon of solids delivered to a coating applicator in a coating application system that utilized air or forced air driers; (3) 6.7 pounds of volatile organic compounds per gallon of solids delivered to a coating applicator that applies extreme performance coatings; (4) 5.1 pounds of volatile organic compounds per gallon of solids delivered to a coating applicator that applies coatings of five or more color changes or of five or more colors or applies the coating that is the first coat on untreated ferrous substrate; or (5) where there are less than five color changes and less than five colors are applied: (A) 0.4 pounds of volatile organic compounds per gallon of solids delivered to a coating applicator that applies powder coatings; or (B) 5.1 pounds of volatile organic compounds per gallon of solids delivered to a coating applicator for any other type of coating. Whenever more than one of the aforementioned emission limitations may apply to a process, then the least stringent emission limitation shall apply to the process. (e) Any source which has chosen to control emissions of volatile organic compounds under Rule .0518(e) of this Subchapter and which has installed air pollution control equipment in accordance with an air quality permit in order to comply with this Rule before December 1, 1989, may comply with the limits contained in this Paragraph instead of those contained in Paragraph (d) of this Rule. Emissions of volatile organic compounds from any coating line subject to this Rule shall not exceed: (1) 4.3 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to a coating applicator that applies clear coatings; (2) 3.5 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to a coating applicator in a coating application system that utilized air or forced air driers; (3) 3.5 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to a coating applicator that applies extreme performance coatings; (4) 3.0 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to a coating applicator that applies coatings of five or more color changes or of five or more colors or applies the coating that is the first coat on untreated ferrous substrate; or (5) where there are less than five color changes and less than five colors are applied: (A) 0.4 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to a coating applicator that applies powder coatings; or (B) 3.0 pounds of volatile organic compounds per gallon, excluding water and exempt solvents, delivered to a coating applicator for any other type of coating. Whenever more than one of the aforementioned emission limitations may apply to a process, then the least stringent emission limitation shall apply to the process. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0935 FACTORY SURFACE COATING OF FLAT WOOD PANELING (a) For the purpose of this Rule, the following definitions apply: (1) "Class II hardboard paneling finishes" means finishes which meet the specifications of Voluntary Product Standard PS-59-73 as PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1523 approved by the American National Standards Institute. (1) Flat wood paneling coatings means wood paneling product that are any interior, exterior or tileboard (class I hardboard) panel to which a protective, decorative, or functional material or layer has been applied. (2) "Hardboard" is a panel manufactured primarily from inter-felted lignocellulosic fibers which are consolidated under heat and pressure in a hot-press. (3) "Hardwood plywood" means plywood whose surface layer is a veneer of hardwood. (4) "Natural finish hardwood plywood panel" means a panel whose original grain pattern is enhanced by essentially transparent finishes frequently supplemented by fillers and toners. (5) "Particle board" means a manufactured board made of individual wood particles which have been coated with a binder and formed into flat sheets by pressure. Thin particleboard has a thickness of one-fourth inch or less. (6) "Printed panel" means a panel whose grain or natural surface is obscured by fillers and basecoats upon which a simulated grain or decorative pattern is printed. (7)(2) "Tileboard" means paneling that has a colored waterproof surface coating a premium interior wall paneling product made of hardboard that is used in high moisture area of the home. (b) This Rule applies to factory finishing of the following flat wood products: each flat wood paneling coatings source whose volatile organic compounds emissions exceed the threshold established in 15A NCAC 02D .0902(b) at the facilities with flat wood paneling coating applications for the following products: (1) printed decorative interior wall panels made of hardwood plywood and thin particleboard; panels made of hardwood, plywood, or thin particleboard; (2) natural finish hardwood plywood panels; and (2) exterior siding made of solid wood, hardboard, or waferboard; and (3) class II finishes of hardboard paneling. (3) tileboard made of hardboard. (c) This Rule does not apply to the following factory finished flat wood products: (1) exterior siding, (2) tileboard, (3) particleboard used in cabinetry or furniture, (4) insulation board, or (5) softwood plywood. (d)(c) Emissions of volatile organic compounds from any factory finished flat wood product operation subject to this Rule shall not exceed: exceed 2.1 pounds of volatile organic compounds per gallon material excluding water and exempt compounds (2.9 pounds of volatile organic compounds per gallon solids.) (1) 6.0 pounds of volatile organic compounds per 1,000 square feet of coated finished product of printed interior wall panels made of hardwood plywood and thin particle board, or (2) 12.0 pounds of volatile organic compounds per 1,000 square feet of coated finished product of natural finish hardwood plywood panels, or (3) 10.0 pounds of volatile organic compounds per 1,000 square feet of coated finished product of class II finishes on hardboard paneling. (d) EPA Method 24 (CFR Part 60, Appendix A-7) shall be used to determine the volatile organic compounds content of coating materials used at surface coating of flat wood paneling facilities unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer. (e) Any facility that meet definition of Paragraph (b) of this Rule and which has chosen to use add-on controls for flat wood paneling coating operation rather than the emission limits established in Paragraph (c) of this Rule shall install control equipment with an overall control efficiency of 90 percent or use a combination of coating and add-on control equipment on a flat wood paneling coating operation to meet limits established in Paragraph (c) of this Rule. (f) The owner or operator of any facility subject to this rule shall comply with the Rules .0903 and .0958 of this Section. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0936 GRAPHIC ARTS (a) For the purpose of this Rule, the following definitions apply: (1) "Flexographic printing" means the application of words, designs and pictures to a substrate by means of a roll printing technique in which both the pattern to be applied is raised above the printing roll and the image carrier is made of rubber or other elastometric materials. (2) "Packaging rotogravure printing" means printing with a gravure press upon paper, paper board, metal foil, plastic film, and other substrates, which are, in subsequent operation, formed into containers and labels for articles to be sold. (3) "Printing" means the formation of words, designs and pictures, usually by a series of application rolls each with only partial coverage. (4) "Publication rotogravure printing" means printing upon paper which is subsequently formed into books, magazines, catalogues, brochures, directories, newspaper supplements, and other types of printed materials. (5) "Roll printing" means the application of words, designs and pictures to a substrate by means of hard rubber or steel rolls. (b) This Rule applies to: PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1524 (1) flexographic printing, packaging rotogravure printing and publication rotogravure printing operations; or (2) machines that have both coating units and printing units. (c) This Rule does not apply to facilities where the potential emissions of volatile organic compounds is less than 100 tons per year. (d) Emissions of volatile organic compounds from any printing press or drying oven of a printing operation subject to this Rule shall not be discharged into the atmosphere unless: (1) The captured volatile organic compound emissions are reduced by at least 90 percent by an incineration system or 95 percent by a carbon adsorption system or any other control system; and: (A) For packaging rotogravure printing operations, at least 65 percent overall reduction of the volatile organic compound emissions is achieved; (B) For publication rotogravure printing operations at least 75 percent overall reduction of the volatile organic compound emissions is achieved; and (C) For flexographic printing operations, at least 60 percent overall reduction of the volatile organic compound emissions is achieved; (2) The solvent portion of the ink, as it is applied on the substrate, consists of at least 75 percent water by volume and no more than 25 percent organic solvent by volume; (3) The ink contains by volume at least 60 percent nonvolatile material; (4) The printing system uses a combination of solvent-borne and water-borne ink such that at least a 70 percent by volume overall reduction in solvent usage is achieved when compared to all solvent-borne ink usage, or (5) The ink, including any solvents that may be added to it, contains no more than 0.5 pounds of volatile organic compounds per pound of solids in the ink; only flexographic printing and packaging rotogravure printing may use this option. (e) When a facility complies with this Rule using the provision of Subparagraph (d)(4) of this Rule, the permit shall contain a condition stating the maximum quantity of solvent-borne ink that each printing unit may use or that the facility as a whole may use. (f) Equivalency calculations for emissions trading, cross-line averaging, or determining compliance with add-on control equipment shall be performed in units of pounds of volatile organic compounds per gallon of solids. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0951 MISCELLANEOUS VOLATILE ORGANIC COMPOUND EMISSIONS (a) With the exceptions in Paragraph (b) of this Rule, this Rule applies to all facilities that use volatile organic compounds as solvents, carriers, material processing media, or industrial chemical reactants, or in other similar uses, or that mix, blend, or manufacture volatile organic compounds for which there is no other applicable emissions control rule in this Section except Rule .0958 of this Section. If the only other applicable emissions control rule for the facility in this Section is Rule .0958, then both this Rule and Rule .0958 apply. (b) This Rule does not apply to architectural or maintenance coating. (c) The owner or operator of any facility to which this Rule applies shall: (1) install and operate reasonable available control technology; or (2) limit emissions of volatile organic compounds from coating lines not covered by Rules .0917 through .0922, .0923, .0924, .0934, or .0935 .0935, 0936 or .0961 through .0968 from this Section to no more than 6.7 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator. (d) If the owner or operator of a facility chooses to install reasonable available control technology under Subparagraph (c)(1) of this Rule, the owner or operator shall submit: (1) the name and location of the facility; (2) information identifying the source for which a reasonable available control technology limitation or standard is being proposed; (3) a demonstration that shows the proposed reasonable available control technology limitation or standard satisfies the requirements for reasonable available control technology; and (4) a proposal for demonstrating compliance with the proposed reasonable control technology limitation or standard. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0952 PETITION FOR ALTERNATIVE CONTROLS FOR RACT (a) With the exception in Paragraph (b) of this Rule, this This Rule applies to all sources covered under this Section. (b) This Rule does not apply to sources in Mecklenburg County to which Rules .0917 through .0937 of this Section apply and which are located at a facility where the total potential emissions of volatile organic compounds from all stationary sources at the facility are greater than or equal to 100 tons per year. (c)(b) If the owner or operator of any source of volatile organic compounds subject to the requirements of this Section, can demonstrate that compliance with rules in this Section would be technologically or economically infeasible, he may petition the Director to allow the use of alternative operational or equipment controls for the reduction of volatile organic compound emissions. Petition shall be made for each source to the Director. (d)(c) The petition shall contain: PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1525 (1) the name and address of the company and the name and telephone number of a company officer over whose signature the petition is submitted; (2) a description of all operations conducted at the location to which the petition applies and the purpose that the volatile organic compound emitting equipment serves within the operations; (3) reference to the specific operational and equipment controls under the rules of this Section for which alternative operational or equipment controls are proposed; (4) a description of the proposed alternative operational or equipment controls, the magnitude of volatile organic compound emission reduction that will be achieved, and the quantity and composition of volatile organic compounds that will be emitted if the alternative operational or equipment controls are instituted; (5) a plan, which will be instituted in addition to the proposed alternative operational or equipment controls, to reduce, where technologically and economically feasible, volatile organic compound emissions from other source operations at the facility, further than that required under the rules of this Section, if these sources exist at the facility, such that aggregate volatile organic compound emissions from the facility will in no case be greater through application of the alternative control than would be allowed through conformance with the rules of this Section; (6) a schedule for the installation or institution of the alternative operational or equipment controls in conformance with Rule .0909 of this Section, as applicable; and (7) certification that emissions of all other air contaminants from the subject source are in compliance with all applicable local, state and federal laws and regulations. The petition may include a copy of the permit application and need not duplicate information in the permit application. (e)(d) The Director shall approve a petition for alternative control if: (1) The petition is submitted in accordance with Paragraph (d) of this Rule; (2) The Director determines that the petitioner cannot comply with the rules in question because of technological or economical infeasibility; (3) All other air contaminant emissions from the facility are in compliance with, or under a schedule for compliance as expeditiously as practicable with, all applicable local, state, and federal regulations; and (4) The petition contains a schedule for achieving and maintaining reduction of volatile organic compound emissions to the maximum extent feasible and as expeditiously as practicable. (f)(e) When controls different from those specified in the appropriate emission standards in this Section are approved by the Director, the permit shall contain a condition stating such controls. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0961 OFFSET LITHOGRAPHIC PRINTING AND LETTERPRESS PRINTING (a) For the purpose of this Rule, the following definitions apply: (1) "First installation date" means the actual date when this control device becomes operational. This date does not change if the control device is later redirected to a new press (2) "Fountain solution" means water-based solution that applies to lithographic plate to render the non-image areas unreceptive to the ink. (3) "Letterpress printing" means a printing process in which the image area is raised relative to the non-image area and the paste ink is transferred to the substrate directly from the image surface. (4) "Offset lithography" means an indirect method of printing when ink transferred from the lithographic plate to a rubber-covered intermediate "blanket" cylinder and then transferred from the blanket cylinder to the substrate. (5) " Sheet-fed printing " means an indirect method of printing when ink transferred from the lithographic plate to a rubber-covered intermediate "blanket" cylinder and then transferred from the blanket cylinder to the substrate. (6) "Web printing" means printing when continuous rolls of substrate material are fed to the press and rewound or cut to size after printing. (b) This Rule applies to any offset lithographic and any letterpress printing operations sources whose emissions of volatile organic compounds exceed the threshold established in 15A NCAC 02D .0902(b). (c) Volatile organic compounds content in the fountain solution from on-press (as-applied) for heatset web offset lithographic printing shall not exceed 1.6 percent alcohol (by weight) in the fountain or equivalent. This level of control for volatile organic compounds shall be achieved by: (1) reducing the on-press (as-applied) alcohol content to 1.6 percent alcohol or less (by weight); or (2) use three percent alcohol or less (by weight) the on-press (as-applied) in the fountain solution if the fountain solution is refrigerated to below 60°F; or PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1526 (3) use five percent alcohol substitute or less (by weight) the on-press (as-applied) and no alcohol in the in the fountain solution. (d) Volatile organic compounds content in the fountain solution from on-press (as-applied) sheet-fed lithographic printing five percent alcohol (by weight) in the fountain or equivalent. This level of control for volatile organic compounds shall be achieved by: (1) reducing the on-press (as-applied) alcohol content to five percent alcohol or less (by weight); or (2) use 8.5 percent alcohol or less (by weight) the on-press (as-applied) in the fountain solution if the fountain solution is refrigerated to below 60°F; or (3) use five percent alcohol substitute or less (by weight) the on-press (as-applied) and no alcohol in the in the fountain solution. (e) Volatile organic compounds content in the fountain solution from on-press (as-applied) coldset web offset lithographic printing shall not exceed five percent alcohol substitute or less (by weight) and no alcohol in the fountain solution. (f) Emissions of volatile organic compounds from any single letterpress printing heatset press subject to this Rule shall not exceed 25 tons per year. This level of control shall be achieved by using petroleum ink oil with volatile organic compounds content 31.25 tons per year volatile organic compounds or less because of the 20 percent ink oil retention. (g) EPA Method 24 (CFR Part 60, Appendix A-7) shall be used to determine the volatile organic compounds content of coating materials used at offset lithographic printing and letterpress printing facilities unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer. (h) Any single letterpress printing heatset dryer owner or operator subject to this Rule, who has chosen to use add-on control for letterpress printing operation rather than to comply with the emission limits established in Paragraph (f) of this Rule shall install control equipment with: (1) 90 percent control efficiency for a control device whose first installation date was prior to July 1, 2010; or (2) 95 percent control efficiency for a control device whose first installation date was on or after July 1, 2010. (i) The control limits established in: (1) Paragraph (d) shall not be applied to sheet-fed presses with maximum sheet size 11x 17 inches or smaller, or to any press with total fountain solution reservoir of less than one gallon; (2) Paragraphs (d), (e), and (f) shall not be applied to sheet-fed or coldest web inks, sheet-fed or coldest web varnishes, waterborne coatings or radiation (ultra-violet light or electron beam) cured materials used on offset lithographic presses or letterpress presses; (3) Paragraph (c) and (d) shall not be applied to a press with a potential to emit below 25 tons per year used for book printing, and presses with maximum web width of 22 inches or less; and (4) Paragraph (f) shall not be applied to a heatset press used for book printing, and a headset press with maximum web width of 22 inches or less. (j) All cleaning materials used in amount more than 110 gallons per year for cleaning a press, press parts, or to remove dried ink from areas around the press shall contain less than 70 weight percent volatile organic compounds or have volatile organic compounds composite vapor pressure less than 10 mm Hg at 20°C. (k) The owner or operator of any facility subject to this Rule shall comply with the Rules .0903 and .0958 of this Section. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0962 INDUSTRIAL CLEANING SOLVENTS (a) For the purpose of this Rule, the following definitions apply: (1) "Organic solvent" means a liquid hydrocarbon, such as methyl ethyl ketone or toluene, used to dissolve paints, varnishes, grease, oil, or other hydrocarbons. (2) "Solvent cleaning" means the process of removing the excess penetrant from the surface or a part by wiping. flushing, or spraying with a solvent for the penetrant. (b) This Rule applies to sources whose volatile organic compound emissions exceed the threshold established in 15A NCAC 02D .0902(b) from the following cleaning operations: (1) spray gun cleaning; (2) spray booth cleaning; (3) large manufactured components cleaning; (4) parts cleaning; (5) equipment cleaning; (6) line cleaning; (7) floor cleaning; (8) tank cleaning; and (9) small manufactured components cleaning. (c) Cleaning operations covered by Rules .0921, .0923, .0930, .0934, .0935, .0936, .0961, .0962, .0963, .0964, .0965, .0966, .0967, and .0968 of this Section are exempted from the requirements of this Rule. (d) Any cleaning material of the nine cleaning operations listed in Paragraph (b) of this Rule shall have: (1) volatile organic compounds content that does not exceed 0.42 pounds per gallon; or (2) composite vapor limit of eight millimeters of mercury (mmHg) at 20 degrees Celsius. (e) EPA Method 24 (CFR Part 60, Appendix A-7) shall be used to determine the volatile organic compounds content of coating materials used in industrial cleaning solvents operations unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer. (f) Facilities which have chosen to use add-on control rather than to comply with the emission limits established in Paragraph PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1527 (g) of this Rule shall install control equipment with 85 percent overall efficiency. (h) The owner or operator of any facility subject to this Rule shall comply with the Rules .0903 and .0958 of this Section. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0963 FIBERGLASS BOAT MANUFACTURING MATERIALS (a) For the purpose of this Rule, the following definitions apply: (1) "Closed molding" means any fabrication techniques in which pressure is used to distribute the resin through the reinforcing fabric placed between two mold surfaces to either saturate the fabric or fill the mold cavity. (2) "Monomer" means a volatile organic compound that partly combines with itself, or other similar compounds, by a cross-linking reaction to become a part of the cured resin. (3) "Open molding" means the open mold which is first spray-coated with a clear or pigmented polyster resin known as a gel coat. The gel coat will become the outer surface of the finished part. (b) This Rule applies to a facility that manufactures hulls or decks of boats and related parts, build molds to make fiberglass boat hulls or decks and related parts from fiberglass, or make polyester resin putties for assembling fiberglass parts and whose volatile organic compounds emissions exceed the threshold established in 15A NCAC 02D .0902(b) from sources for the following operations: (1) open molding and gel coat operations (including pigmented gel coat, clear gel coat, production resin, tooling gel coat, and tooling resin); (2) resins and gel coat mixing operations; and (3) resins and gel coat application equipment cleaning operations. (c) The following activities are exempted from the provisions of this Rule: (1) surface coatings applied to fiberglass boats; (2) surface coatings for fiberglass and metal recreational boats (pleasure craft); and (3) industrial adhesives used in the assembly of fiberglass boats. (d) Volatile organic compounds content limits in resin and gel coat that are used for any molding operations listed in Paragraph (b) of this Rule and closed molding operations that do not meet the definition established in Subparagraph (a)(2) of this Rule, such as vacuum bagging operations, shall not exceed monomer volatile organic compounds limits established in Table 1: Table 1 Organic Hazardous Air Pollutants Content Requirements for Open Molding Resin and Gel Coat Operations (40 CFR 63, Subpart VVVV.) Material Application Method Limit of Weighted-Average Monomer VOC Content (weight percent) Production resin Atomized (spray) 28 Production resin Nonatomized 35 Pigmented gel coat Any method 33 Clear gel coat Any method 48 Tooling resin Atomized 30 Tooling resin Nonatomized 39 Tooling gel coat Any method 40 The average monomer volatile organic compounds contents listed in the Table 1 shall be determined by using Equation 1: n Σ (M i VOC i ) i=1 Weighted Average Monomer VOC Content = n Σ (M i ) i=1 Where: M i = mass of open molding resin or gel coat i used in the past 12 month in an operation, megagrams. VOC I = monomer volatile organic compounds content, by weight percent, of open molding resin or gel coat i used in the past 12 month in an operation. n = number of different open molding resins or gel coats used in the past 12 month in an operation. PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1528 (e) Molding monomer and non-monomer volatile organic compounds limits established in Paragraph (d) of this Rule shall not be applicable to: (1) production resins (including skin coat resins) that shall meet specifications for use in military vessels or shall be approved by the U.S. Coast Guard for the use in the construction of lifeboats, rescue boats, and other life saving appliances approved under 46 CFR subchapter Q, or the construction of small passenger vessels regulated by 46 CFR Subchapter T. Production resins that meet these criteria shall be applied with nonatomizing resin application equipment; (2) production and tooling resins, and pigmented, clear, and tooling gel coat used for part or mold repair and touch up. Total resin and gel coat materials that meet these criteria shall not exceed one percent by weight of all resin and gel coat used at a facility on a 12-month rolling-average basis; or (3) pure, 100-percent vinylester resin used for skin coats that shall be applied with nonatomizing resin application equipment and with the total amount of the resin materials not exceeding five percent by weight of all resin used at a factory on 12-month rolling-average basis. (f) Any molding resin and gel coat operations listed in Paragraph (b) of this Rule, that a facility chooses to include into average emissions among different operations to meet numerical monomer volatile organic compounds emission rate limits rather than to comply with the emission limits established in Paragraph (d) of this Rule shall use: (1) Equation 2 to estimate a facility-specific monomer volatile organic compounds mass emission limit (12-month rolling average). Estimations of emissions average shall be determined on 12-month rolling average basis at the end of every month (12 times per year). Equation 2: Monomer VOC Limit= 46(MR) + 159(MPG) + 291(MCG) + 54(MTR) + 214(MTG) Where: Monomer VOC Limit = total allowable monomer volatile organic compounds that can be emitted from the open molding operations included in the average, kilograms per 12- month period. MR = mass of production resin used in the past 12 month excluding any materials that are exempt, megagrams. MPG= mass of pigmented gel coat used in the past 12 month, excluding any materials that are exempt, megagrams. MCG= mass of clear gel coat used in the past 12 month, excluding any materials that are exempt, megagrams MTR= mass of tooling resin coat used in the past 12 month, excluding any materials that are exempt, megagrams MTG = mass of tooling gel coat used in the past 12 month, excluding any materials that are exempt, megagrams The numerical coefficients associated with each term on the right hand side of Equation 2 are the allowable monomer volatile organic compounds emission rate for that particular material in units of kilograms of VOC per megagrams of material used. (2) Equation 3 to demonstrate that the monomer volatile organic compounds emissions from the operations included in the average do nor exceed the emission limit calculated using Equation 2 from Subparagraph (f)(1) of this Rule for the same 12-month period. This demonstration shall be conducted at the end of the first 12-month averaging period and at the end of every subsequent month for only those operations and materials that included in the average. Equation 3: Monomer VOC emissions = (PVR)(MR) + (PVPG)(MPG) + (PVCG)(MCG) + (PVTR)(MTR) + (PVTG)(MTG) Where: Monomer VOC emissions = monomer volatile organic compounds emissions calculated using the monomer volatile organic compounds emission equation for each operation included in the average, kilograms. PVR = weighted-average monomer volatile organic compounds emission rate for production resin used in the past 12 month, kilograms per megagram. MR = Mass of production resin used in the past 12 month, megagrams. PVPG = weighted-average monomer volatile organic compounds emission rate for pigmented gel coat used in the past 12 month, kilograms per megagram. MPG = mass of pigmented gel coat used in the past 12 month, megagrams. PVCG = weighted-average monomer volatile organic compounds emission rate for clear gel coat used in the past 12 month, kilograms per megagram. MCG = Mass of clear gel coat used in the past 12 month, megagrams. PVTR = Weighted-average monomer volatile organic compounds emission rate for tooling resin used in the past 12 month, kilograms per megagram. PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1529 MTR = Mass of tooling resin used in the past 12 month, megagrams. PVTG = Weighted-average monomer volatile organic compounds emission rate for tooling gel coat used in the past 12 month, kilograms per megagram. MTG = Mass of tooling gel coat used in the past 12 month, megagrams. (3) Equation 4 to compute the weighted-average monomer volatile organic compounds emission rate for the previous 12 month for each open molding resin and gel coat operation included in the average to apply the results in Equation 3. Equation 4: n Σ (M i PV i ) i=1 PVOP = n Σ (M i ) i=1 Where: PVOP = weighted-average monomer volatile organic compounds emission rate for each open molding operation (PVR, PVPG, PVCG, PVTR, and PVTG) included in the average, kilograms of monomer volatile organic compounds per megagram of material applied. M i = mass or resin or gel coat i used within an operation in the past 12 month, megagrams. n = number of different open molding resins and gel coats used within an operation in the past 12 month. PV i. = the monomer volatile organic compounds emission rate for resin or gel coat i used within an operation in the past 12 month, kilograms of monomer volatile organic compounds per megagram of material applied. Equations in Table 2 shall be used to compute PV Table 2 Compliant Materials Monomer Volatile Organic Compounds Content for Open Molding Resin and Gel Coat. For this material and this application method Use this formula to calculate the monomer VOC emission rate 1. Production resin, tooling resin a. Atomized 0.014 x (Resin VOC%)2.425 b. Atomized, plus vacuum bagging with roll-out 0.01185 x (Resin VOC%)2.425 c. Atomized, plus vacuum bagging without roll-out 0.00945 x (Resin VOC%)2.425 d. Nonatomized 0.014 x (Resin VOC%)2.275 e. Nonatomized, plus vacuum bagging with roll-out 0.0110 x (Resin VOC%)2.275 f. Nonatomized, plus vacuum bagging without roll-out 0.0076 x (Resin VOC%)2.275 2. Pigmented gel coat, clear gel coat, tooling gel coat All methods 0.445 x (Gel coat VOC%)1.675 (g) If any molding resin and gel coat operations listed in Paragraph (b) of this Rule, chooses to use of higher-monomer volatile organic compounds materials rather than to comply with the emission limits established in Paragraph (d) of this Rule it shall: (1) install control equipment to meet the emission limit determined by Equation 2 in Subparagraph (f)(1) of this Rule, applying the mass of each material used during the control device performance test in Equation 2 to determine the emission limit (in kilogram of monomer VOC) that is applicable during the test, instead of using the mass of each material as it established in Subparagraph (f)(1) of this Rule; (2) monitor and record relevant control device and capture system operating parameters during the control device performance test to use the recorded values to establish operating limits for those parameters; (3) monitor the operating parameters for the control device and emissions capture system and maintain the parameters within the established limits; PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1530 (h) Any molding resin and gel coat operations that use a filled production resin or filled tooling resin shall calculate the emission rate for the filled production resin or filled tooling resin on as applied basis using Equation 5. If the filled resin: (1) is used as a production resin than the value of PVF calculated by Equation 5 shall not exceed 46 kilograms of monomer VOC per megagram of filled resin applied; (2) is used as a tooling resin than the value of PVF calculated by Equation 5 shall not exceed 54 kilograms of monomer VOC per megagram of filled resin applied; (3) is included in the emissions averaging procedure than the facility use the value of PVF calculated by Equation 5 for the value PVi in Equation 4 in Subparagraph (f)(3) of this Rule. Equation 5: (100 -%Filler) PVF = PVU x 100 Where: PVF = The as-applied monomer volatile organic compounds emission rate for the filled production resin or tooling resin, kilograms monomer VOC per megagram of filled material. PVU = The monomer volatile organic compounds emission rate for the neat (unfilled) resin before filler is added, as calculated using the formulas in Table 2. of Subparagraph (f)(3) of this Rule. %Filler = The weight-percent of filler in the as-applied filled resin system. (i) All resins and gel coats included in volatile organic compounds limits described in Paragraphs (d) through (h) shall meet non-monomer volatile organic compounds content limit of five percent. (j) If the non-monomer volatile organic compounds content of a resin or gel coat exceeds five percent, then the excess non-monomer volatile organic compounds over five percent shall be counted toward the monomer volatile organic compounds content. (k) SCAQMD Method 312-91, Determination of Percent Monomer in Polyester Resins, revised April 1996 shall be used to determine the monomer volatile organic compounds content of resin and gel coat materials unless the facility maintains records to document the volatile organic compounds content of resin and gel coat materials from the manufacturer. (l) All resin and gel coat mixing containers with a capacity equal to or greater than 55 gallons, including those used for on-site mixing of putties and polyputties, shall have a cover with no visible gaps in place at all times except the following operations: (1) when material is being manually added to or removed from a container; (2) when mixing or pumping equipment is being placed or removed from a container. (m) Volatile organic compounds cleaning solvents for routine application equipment cleaning shall contain no more than five percent volatile organic compounds by weight, or have a composite vapor pressure of no more than 0.50 mm Hg at 68 0F. (n) Only non-volatile organic compounds solvents shall be used to remove cured resin and gel coat from application equipment. (o) The owner or operator of any facility subject to this Rule shall comply with the Rules .0903 and .0958 of this Section. Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5). 15A NCAC 02D .0964 MISCELLANEOUS INDUSTRIAL ADHESIVES (a) For the purpose of this Rule, the following definitions apply: (1) "Air-assisted airless spray" means a system that consists of an airless spray gun with a compressed air jet at the gun tip to atomize the adhesive. (2) "Airless spray" means the application of an adhesive through an atomizing nozzle at high pressure (1,000 to 6,000 pounds per square inch) by a pump forces. (3) "Application process" means a process that consists of a series of one or more adhesive applicators and any associated drying area or oven where an adhesive is applied, dried and cured. (4) "Dip Coating" means application where substrates are dipped into a tank containing the adhesive. The substrates are then withdrawn from the tank and any excess adhesive is allowed to drain. (5) "Electrocoating" means a specialized form of dip coating where opposite electric charges are applied to the waterborne adhesive and the substrate. (6) "Electrostatic spray" means application where the adhesive and substrate are oppositely charged. (7) "Flow coating" means conveying the substrate over an enclosed sink where the adhesive is applied at low pressure as the item passes under a series of nozzles. (8) "HVLP" means a system with specialized nozzles that provide better air and fluid flow at lower air pressure, shape spray pattern, and guide high volumes of atomized adhesive particles to the substrate using lower air pressure (10 pounds per square inch or less at the spray cap). (9) "Roll coating", "brush coating", and "hand application" means application of high viscosity adhesives onto small surface area. (b) Control of volatile organic compounds emissions from miscellaneous industrial adhesives product categories covered PROPOSED RULES 24:17 NORTH CAROLINA REGISTER MARCH 1, 2010 1531 by Rules .0921, .0923, .0934, .0935, .0936, .0961, .0962, .0963, .0964, .0965, .0966, .0967, and .0968 of this Section are exempted from the requirements of this Rule. (c) This Rule applies to miscellaneous industrial adhesive application sources whose volatile organic compounds emissions exceed the threshold established in 15A NCAC 02D .0902(b). (d) With the exception established in Paragraph (b) of this Rule, all volatile organic compounds containing materials applied by each miscellaneous industrial adhesive application processes before control shall: (1) not exceed limits established in Table 1 of this Paragraph; and (2) be used in one of the following application methods in conjunction with using low volatile organic compounds adhesives or adhesive primers: (A) electrostatic spray; (B) HVLP spray; (C) Flow coat; (D) roll coat or hand application, including non-spray application methods similar to hand or mechanically powered caulking gun, brush, or direct hand application; (E) Dip coat (including electrodesposition); (F) Airless spray; (G) Air-assisted airless spray; or (H) Other adhesive application method capable of achieving a transfer efficiency equivalent to or better than that achieved by HVLP spraying. (e) Emission limits established in Subparagraph (d)(1) of this Rule shall be: (1) met by averaging the volatile organic compounds content of materials used oh a single application unit for each day; and (2) calculated as mass of volatile o |
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