North Carolina register

              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