North Carolina Register v.11 no. 19 (1/2/1997)

174 Pages·8.8 MB·English

by  North Carolina. Office of Administrative Hearings

R6&
NORTH
CAROLINA
>LUME 11 • ISSUE 19 • Pages
January 1997
2,
HISISS1
Executive Order,,w
I E
InAddstidfi
Administration, Department of
1 Adiniftistfativ§I^rm^,|OfBce of
CommunityColleges r?
ft
Cultural Resources
Environment, Health, andNaturalReso^cejN^ ///
Human Resources
ursing, Board of
efrigerationExaminers, Board of
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Social Work, Certificatipnl
List ofRules Codified
Rules Review Commissio JAN 6 1997
Contested CaseDecisions
KATHttW*! R. EVERETT
LAW LIS*AJt?
PUBLISHED BY
Tfte OfficeofAdministrativeHearings
RulesDivision
PODrawer27447
NC
Raleigh, 27611-7447
Telephone [phone]
Fax [phone]
Thispublication isprintedonpermanent, acid-freepaperin compliancewith G.S. 125-11.13

NORTH CAROLINA IN THIS ISSUE
EXECUTIVE ORDERS
I.
Executive Orders 1406
n. IN ADDITION 1407
m. RULE-MAKING AGENDA
Environment, Health, and Natural Resources .... 1408 - 1412
Coastal Resources Commission
Environmental Management Commission
Health Services, Commission for
Water Pollution Control System Operators Certification Comm.
RULE-MAKING PROCEEDINGS
IV.
Administrative Hearings, Office of
Rules Division 1413
Transportation
Motor Vehicles, Division of 1413
Volume Issue 9
1 1 1
Pages 40,6 1532 V. PROPOSED RULES
1 - Administration, Department of
State Building Commission 1414 - 1416
January 2, 1 997 Environment, Health, and Natural Resources
Wildlife Commission 1427 - 1428
Insurance
Engineering and Building Codes Division 1416 - 1425
This issuecontains documents officially filed Property and Casualty Division 1426 - 1427
Licensing Board
through December 6, 1996.
Nursing, Board of 1428 - 1429
State Personnel
State Personnel Commission 1429 - 1435
VI. TEMPORARY RULES
Cultural Resources
USS NC Battleship Commission 1436
Environment, Health, and Natural Resources
Office ofAdrninistrativeHearings
Departmental Rules 1439 - 1442
Rules Division
Water Pollution Control System Operators
424 North Blount Street (27601)
Certification Commission 1442 - 1448
PO Drawer 27447 Human Resources .
Raleigh, NC 27611-7447 Medical Assistance, Division of 1436 - 1439
[phone]
FAX [phone] VH. APPROVED RULES 1449 - 1512
Community Colleges
Environment, Health, and Natural Resources
Human Resources
Occupational Licensing Boards
Refrigeration Examiners, Board of
Social Work, Certification Board for
Revenue
Vm. LIST OF RULES CODIFIED 1513
Julian Mann IU, Director DC RULES REVIEW COMMISSION 1514 - 1517
MJoalmleysMRa.siSccahr,ceDlilraecSrt.or, DoefpAuPtyADSierrevcitcoers X. CONTESTED CASE DECISIONS
Index to ALJ Decisions 1518 - 1529
Ruby Creech, Publications Coordinator
Text ofSelected Decisions
Teresa Kilpatrick, Editorial Assistant 96 EHR 0692 1530 - 1531
Jean Shirley, Editorial Assistant
Linda Richardson, Editorial Assistant XI. CUMULATIVE INDEX 1-38
Digitized by the Internet Archive
in 2011 with funding from
University of North Carolina at Chapel Hill
http://www.archive.org/details/northcarolinareg1119nort
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EXECUTIVE ORDERS
EXECUTIVE ORDER NO. 105
AMENDINGEXECUTIVE ORDERS NO. 99, 102 AND 103
CONCERNING EMERGENCY RELIEF FOR DAMAGE
CAUSED BY HURRICANE FRAN
WHEREAS, Executive Order No. 99 was issued to provide emergency relief for damage caused by Hurricane Fran by
waiving certain size and weight restrictions for certain vehicles; and
WHEREAS, Executive Order No. 99 has been amended by Executive Order No. 102 and Executive Order No. 103; and
WHEREAS, in order to comply with federal law, there is a need to amend Executive Order No. 99 again.
NOW, THEREFORE, pursuantto theauthority vested in me as Governor by the Constitution and laws ofthis State, TT IS
ORDERED:
ExecutiveOrderNo. 99, asamended, is not applicable to the Interstate Highway Systemwithin North Carolina. All other
provisions ofExecutive Order No. 99, as amended, shall remain in effect.
Done in Raleigh, North Carolina, this 2nd day ofDecember, 1996.
11:19 NORTH CAROLINA REGISTER January 2, 1997 1406
INADDITION
This Section containspublic notices that are required to bepublished in the Register or have been approved by the
CodifierofRulesforpublication.
G.S. 150B-21.17 requires the Codifier of Rules to publish certain information determined to be in the public interest.
Pursuant to the specific written request of the Petree Stockton, law firm ofRaleigh, North Carolina, the document printed
below is published under this authority, without comment. Publication ofpublic information under this section should not
be construed to have any legal effect upon any pending litigation or rulemaking procedure.
"Pursuant to N.C.G.S. 150B-21.1(b), I hereby find that the Agency's written statement of its findings of need for the
temporary rules proposed as 10 N.C.A.C. 3R .3030(8)(a),(b), (c) and (d) does not meet the criteria set forth in N.C.G.S.
150B-21.1(a), in that the Agency has not shown that adherence to the notice and hearing requirements ofthe Administrative
Procedure Act would be contrary to thepublic interest. Therefore, I do not approve ofthe adoption ofproposed 10 N.C.A.C.
3R .3030(8)(a),(b), (c) and (d) as temporary rules. I do approve the remaining temporary rules submitted by the Agency as
10 N.C.A.C. 3R .3001, .3010, .3020. .3030(l)-(7) and (8)(e)-(h), .3032, .3040 and .3050."
s/Beecher R. Gray
12/29/95
Attachment A
1407 NORTH CAROLINA REGISTER January 2, 1997 11:19
1
RULE-MAKINGAGENDA
Anagencymaychoosetopublisha rule-makingagenda whichservesasa notice ofrule-makingproceedings iftheagenda
includes the information required in a notice ofrule-making proceedings. The agency must accept comments on the
agendaforatleast 60daysfrom thepublication date. Statutory reference: G.S. 150B-21.2.
TITLE 15A - DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
Thisagenda willserveas thenotice ofrule-makingproceedingsforthefollowing rule-making bodiesfromJanuary 2, 1997
through March 3, 1997:
EnvironmentalManagement Commission - to rules codified in 15A NCAC2;
CoastalResources Commission - to rules codified in 15A NCAC 7;
WaterPollution Control System Operators Certification Commission - to rules codified in 15A NCAC8F; and
CommissionforHealth Services - to rules codified in 15A NCAC ISA and 26.
DEHNR Regulatory Agenda Index - December 6, 1996
AIR OUALITY
APA# SUBJECT RULE CITATION &
E2128 Annual Emission Reporting 15A NCAC 2Q .0207
E2129 Open Burning 15A NCAC 2D 1902, 1903
. .
E2130 Volatile Organic Compound Emissions 15A NCAC 2D .0518, .0950, .0902, .0909, .0917 - .0924,
.0934, .0948, .0949, .0951 and 2Q .0102
15ANCAC2D
E2131 Transportation Conformity .1500
COASTAL MANAGEMENT
AEA# SUBJECT RULE CITATION #
E2134 Ocean Mining 15A NCAC 7M .1200; 7H .0106; 7H .0208(b)(ll)
ENVIRONMENTAL HEALTH/ONSITE WASTEWATER
APA # SUBJECT RULE CITATION #
H653 Law and Rules for Sewage Treatment 15A NCAC 18A .1937, .1938, .1958, .1961
and Disposal Systems Permits (To be filed as temporary rules)
HEALTH AND ENVIRONMENTAL STATISTICS
APA # SUBJECT RULE CITATION #
H6532 Birth Defects Monitoring Program 15A NCAC 26C .0001- .0007
WATER OUALITY
APA # SUBJECT RULE CITATION &
E2120 Certification ofOperators ofAnimal 15A NCAC 8F .0101, .0102, .0201, .0202, .0203, .0301,
Waste Management Systems .0401-.0407, .0501 - .0507 (Filed as temporary rules)
APA #: E2120
SUBJECT: Certification ofOperators ofAnimal Waste Management Systems
RULE CITATION #: 15A NCAC 8F .0101, .0102, .0201, .0202, .0203, .0301, .0401-.0407, .0501 - .0507
STATUTORY AUTHORITY: G.S. 90A-35; 90A-37; 90A-38; 90A-39; 90A-41; 90A-43; 90A-44; 90A-47; 143B-300;
150B-3; 150B-23; 150B-38; 150B-52
DIVISION/SECTION: WATER QUALITY
DIVISION CONTACT: Ron Ferrell
DIVISION CONTACTTEL#: [phone]
DATE INITIATED: 11/6/96
DURATION OF RULE: Temporary 1/1/97
TYPE OF RULE:
STAGE OF DEVELOPMENT: Draft Rule Stage
GOV LEVELS AFFECTED: None
REASON FOR ACTION:
11:19 NORTH CAROLINA REGISTER January 2, 1997 1408
RULE-MAKINGAGENDA
The purpose ofthis rulemaking is to establish the certification procedures and requirements for operators ofanimal
waste management systems as requiredby NCGS 90A-47. The intent ofthis certification is to reduce nonpoint source
pollution that may result from the land application ofanimal waste that is generated by animal operations as defined
at NCGS 143-215.10B. The certification program is designed to protect the public health and to conserve and protect
the quality ofthe State's agricultural land for the production offood and other agricultural products, and to require
the examination ofanimal waste management system operators and certification of their competency to operate or
supervise the operation ofthose systems.
SCOPE/NATURE/SUMMARY:
The proposed rules set forth the requirements and procedures for the training and certification ofpersons who perform
the land application of animal waste that is generated by animal operations as required by NCGS 90A-47. This
certification program is administered by the Water Pollution Control System Operators Certification Commission
(Commission). The purpose ofthese rules is to reduce nonpoint source pollution in order to protect the public health
and to conserve thequality ofthe state's water resources. These rules are also intended to encourage the development
and improvement ofthe state's agricultural land for the production offood and other agricultural products.
The proposed rules apply to all animal operations as defined at NCGS 143-215.10B. The owners ofthese facilities
are required to designate and maintain a certified Operator in Charge by January 1, 1997 who is responsible for the
application ofanimal waste to the land. The Operator in Charge ofthe facility is responsible for ensuring that the
application ofanimal waste to the land is performed in accordance with the animal waste management plan for the
facility. As stipulated by the enabling legislation, to become certified an individual must attend ten (10) hours of
training approved by the Commission and demonstrate competence in the operation of animal waste management
systems by passing an examination. The Commission may assess a civil penalty ofup to $1,000 for failure to comply
with the requirements ofthese rules.
APA #: E2128
SUBJECT: Annual Emission Reporting
RULE CITATION #: 15A NCAC 2Q .0207
STATUTORYAUTHORITY: G.S. 143-215.3(a)(1),(la),(lb),(Id); 143-215.65; 143-215.106A; 143-215.107; 143B-282;
150B-21.6
DIVISION/SECTION: AIR QUALITY
DIVISION CONTACT: Thomas Allen
DIVISION CONTACT TEL#: [phone]
DATE INITIATED: 11/22/96
DURATION OF RULE: Permanent 7/1/98
TYPE OF RULE:
STAGE OF DEVELOPMENT: Concept Stage
GOV LEVELS AFFECTED: None
REASON FOR ACTION:
To add perchloroethylene to the list of compounds in 15A NCAC 2Q .0207 for annual reporting of emissions is
required.
SCOPE/NATURE/SUMMARY:
Rule 15A NCAC 2Q .0207, Annual Emissions Reporting, requires the owners or operators ofTitle V facilities to
report each year the actual emissions oflisted compounds that occurred during the previous year. One ofthe listed
compounds is volatile organic compounds (VOC). Until recently, perchloroethylene was included in the emissions
ofVOC. However, the definition ofVOC has been amended to exclude perchloroethylene. Because it is a hazardous
airpollutant, the emissions ofperchloroethylene still needs to be reported annually. Therefore, 15A NCAC 2Q .0207
needs to be amended to add perchloroethylene to the list ofcompounds that need to be reported annually.
APA #: E2129
SUBJECT: Open Burning
RULE CITATION #: 15A NCAC 2D .1902, .1903
STATUTORY AUTHORITY: G.S. 143-212; 143-213; 143-215.3(a)(1); 143-215.107(a)(5)
DIVISION/SECTION: AIR QUALITY
DIVISION CONTACT: Thomas Allen
DIVISION CONTACT TEL#: [phone]
DATE INITIATED: 11/22/96
DURATION OF RULE: Permanent 7/1/98
TYPE OF RULE:
1409 NORTH CAROLINA REGISTER January 2, 1997 11:19