Department of State Division of Publications

For Department of State Use Only

Sequence Number: 11.--- 11-- \ 1 312 Rosa L. Parks, 8th Floor Snodgrass/TN Tower

Nashville, TN 37243 Phone: 615.741.2650 Email: publications.information@tn.gov

Notice of Rulemaking Hearing

___c_;:;__c...:.._ ___ _

Notice ID{s): 1,11"1 - 2104 File Date: \2. fl0 /\ 1

Hearings will be conducted in the manner prescribed by the Uniform Administrative Procedures Act, T. C.A. § 4-5-204. For questions and copies of the notice, contact the person listed below.

AgencylBo_ardlCommission~

Division:

Contact Person:

Address:

Phone:

Email:

Environment & Conservation ----Air Pollution Control ·-- - .

Malcolm H. Butler ·----William R. Snodgrass Tennessee Tower 312 Rosa L. Parks Avenue, 15th Floor Na~hville~ TN 37243

(~1 §) 532-Q.600

Malcolm.Butler@tn.gov

Any Individuals with disabilities who wish to participate in these proceedings (to review these filings) and may require aid to facilitate such participation should contact the following at least 10 days prior to the hearing:

ADA Contact: ADA Coordinator -·-William R. Snodgrass Tennessee Tower 312 Rosa L. Parks Avenue, 22nd Floor

Address: Nashville, Tennessee 37243 _ 1 1-866-253-5827 (toll free) or 615-532-0200

Phone: Hearing impaired callers may use the TN Relay Service 1-800-848-0298

Email: [ Bever~y:E_vans@tn .gov - - -

Hearing Location(s) (for additional locations, copy and paste table)

Address 1: Conference Room A Address 2: William R. Snodgrass Tennessee Tower

312 Rosa L. Parks Avenue, 15th Floor City: Nashville, Tennessee Zip: 37243

Hearing Date : 02/07/18 Hearinq Time: 9:30 AM I X CST/CDT EST/EDT I

Additional Hearing Information:

There will be a public hearing before the Technical Secretary of the Tennessee Air Pollution Control Board to consider the promulgation of amendments to the Tennessee Air Pollution Control Rules and the State Implementation Plan (or "SIP") pursuant to Tennessee Code Annotated, Section 68-201-105. The comments received at this hearing will be presented to the Tennessee Air Pollution Control Board for the Board's consideration in regards to the proposed regulatory amendments. The hearing will be conducted in the manner prescribed by the Uniform Administrative Procedures Act, Tenn. Code Ann. Section 4-5-201 et seq., and will take place in the 15th Floor Conference Room A, William R. Snodgrass Tennessee Tower, located at 312 Rosa L. Parks Avenue, Nashville, Tennessee 37243 at 9:30 AM CDT on February 7, 2018. Written comments will be included in the hearing records if received by the close of business on

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February 7, 2018, at the office of the Technical Secretary, Tennessee Air Pollution Control Board, William R. Snodgrass Tennessee Tower, located at 312 Rosa L. Parks Avenue 15th Floor, Nashville, Tennessee 37243. Additionally, comments may be submitted via attachments through electronic mail to Air.Pollution.Control@tn .gov until the close of business on February 7, 2018.

Any individuals with disabilities who wish to participate in these proceedings or to review these filings should contact the Tennessee Department of Environment and Conservation to discuss any auxiliary aids or services needed to facilitate such participation. Such initial contact may be in person, by writing, telephone, or other means, and should be made no less than 10 days prior to February 7, 2018, or the date such party intends to review such filings, to allow time to provide such aid or service. Contact the Tennessee Department of Environment and Conservation ADA Coordinator, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue 22nd Floor, Nashville, TN 37243, (866) 253-5827. Hearing impaired callers may use the Tennessee Relay Service, (800) 848-0298.

If you have any questions about the origination of these rule changes, you may contact Malcolm H. Butler at (615) 532-0600. For complete copies of the text of the notice, please contact Malcolm H. Butler, Department of Environment and Conservation, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue 15th Floor, Nashville, TN 37243 or via e-mail at Malcolm.butler@tn.gov.

The Tennessee Division of Air Pollution Control (TDAPC) is taking the following actions in these amendments:

• Direct action to correct an omission in subparagraph (r) of paragraph (1) of Rule 1200-03-02-.01, General Definitions, by adding the words "or mechanical energy" into subparagraph (r) after the word "energy" and before the word "and".

• Direct action in accordance with the Environmental Protection Agency's (EPA) direct and final action to revise the regulatory definition of "volatile organic compounds" (VOCs) under the Clean Air Act (CM). 81 Fed. Reg. 50,330 (Aug. 1, 2016). This action adds 1, 1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane (also known as HFE-347pcf2; CAS number 406-78-0) to the list of compounds excluded from the regulatory definition of VOCs on the basis that this compound makes a negligible contribution to tropospheric ozone (03) formation.

• Direct action to correct a miss print in subparagraph (b) of paragraph (2) of Rule 1200-03-05-.05 Standard for Certain Existing Sources by adding the word "not" in the sentence after the word "shall" and before the word "apply".

• Direct action to correct a miss print by deleting the words "Catalytic Cracking Units" in the Table of Contents for Rule 1200-03-07-.01 General Process Particulate Emission Standards Catalytic Cracking Units and correcting a miss print in paragraph (5) of Rule 1200-03-07-.01, General Process Particulate Emissions Standards, by adding the word "limit" in the second sentence after the word "emission" and before the word "shall".

• Direct action to revise subparagraph (1)(b) of Rule 1200-03-08-.01, Fugitive Dust, by deleting the word "oil." The proposed change will make the regulation consistent with Tenn. Code Ann . § 68-211-1016 (Used Oil Collection Act of 1993), which prohibits the use of used oil for road oiling, dust control, weed abatement, or similar uses.

• Direct action to correct an omission in Paragraph (1) of Rule 1200-03-09-.02, Operating Permits, by adding the word "permit" into paragraph (1) in the third sentence after the word "construction" and before the word "if" .

TDAPC is proposing the following revisions:

(1) Subparagraph (2)(c) of Rule 1200-03-10-.01, Sampling Required to Establish Air Contaminant Emission Levels, is proposed to be amended by correcting a typographical error.

(2) Subparagraph (2)(c) of Rule 1200-03-10-.02, Monitoring of Source Emissions, Recording, and Reporting of the Same, are Required is proposed to be amended by correcting typographical errors.

(3) Subparagraph (2)(b) of Rule 1200-03-10-.04, Sampling, Recording and Reporting Required for Major Stationary Sources, is proposed to be amended by removing the requirement to submit hard copy excerpts of records and to correct a typographical error. The purpose of the amendment is to allow excerpts of records to be submitted as hard or electronic copies.

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TDAPC is taking direct action to make the state provisions for active waste disposal sites receiving asbestos-containing material (1200-03-11-.02(5)) consistent with the federal rule at 40 C.F.R. 61.154. Specifically, subparagraph (5)(e) of the rule is being amended to reference a waste shipment record required by the state and federal rules.

TDAPC is proposing to revise paragraph (4) of Rule 1200-03-12-.02, Procedures for Ambient Sampling and Analysis, by deleting the requirement to use magn,etic media for electronic submittals and removing duplicative language.

TDAPC is proposing to revise paragraph (6) of Rule 1200-03-27-.02, General Provisions and Applicability, by including Shelby County and the Knoxville area counties that were formerly non-attainment for ozone and to make the required reporting consistent with Rule 1200-03-18-.02(8).

Specific changes are indicated in a redline/strikeout version available at https ://www.tn.gov/environ ment/ppo-pu bl ic-partici pation/p po-pu bl ic-partici pation/ppo-air. html . Interested parties may submit comments on these proposed revisions.

Revisions considered at this hearing may be adopted by the Tennessee Air Pollution Control Board under Tenn. Code Ann. Section 68-201-105, the Board's general authority to promulgate rules. All persons interested in the air quality of the State of Tennessee are urged to attend and will be afforded the opportunity to present testimony to the hearing officer regarding the proposed rule revisions and revisions to the State Implementation Plan. Any person desiring to present lengthy comments should be prepared at the hearing to offer a written statement to be incorporated into the record. Written statements not presented at the hearings will only be considered part of the records if received by 4:30 PM on February 7, 2018, at the office of the Technical Secretary, Tennessee Air Pollution Control Board, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue 15th Floor, Nashville, TN 37243.

Revision Type (check all that apply): X Amendment

New Repeal

Rule(s) (ALL chapters and rules contained in filing must be listed. If needed, copy and paste additional tables to accommodate more than one chapter. Please enter only ONE Rule Number/Rule Title per row.)

Chapter Number Chapter Title 1200-03-02 Definitions Rule Number Rule Title 1200-03-02-.01 General Definitions

Chapter Number Chapter Title 1200-03-05 Visible Emission Regulations Rule Number Rule Title 1200-03-05-.05 Standard for Certain Existing Sources

Chapter Number Chapter Title 1200-03-07 Process Emission Standards Rule Number Rule Title 1200-03-07-.01 General Process Particulate Emissions Standards

Chapter Number Chapter Title 1200-03-08 Fugitive Dust Rule Number Rule Title 1200-03-08-.01 Fugitive Dust

Chapter Number Chapter Title 1200-03-09 Construction and Operating Permits Rule Number Rule Title 1200-03-09-. 02 Operating Permits

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Chapter Number Chapter Title 1200-03-10 Required Sampling, Recording, and Re~orting Rule Number Rule Title 1200-03-10-.01 Sampling Required to Establish Air Contaminant Emission Levels 1200-03-10-. 02 Monitorinq of Source Emissions, Recordinq, and Reportinq of the Same are Required 1200-03-10-.04 Sampling, Recording and Reporting Required for Major Stationary Sources

Chapter Number Chapter Title 1200-03-11 Hazardous Air Contaminants Rule Number Rule Title 1200-03-11-.02 Asbestos

Chapter Number Chapter Title 1200-03-12 Methods of Sampling and Analysis Rule Number Rule Title 1200-03-12-.01 Procedures for Ambient Sampling and Analysis

Chapter Number Chapter Title 1200-03-27 Nitrogen Oxides Rule Number Rule Title 1200-03-27 -. 02 General Provisions and Aoolicability

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(Place substance of rules and other info here. Statutory authority must be given for each rule change. For information on formatting rules go to http://state.tn .us/sos/rules/1360/1360.htm)

Chapter 1200-03-02 Definitions

Amendments

Subparagraph (r) of paragraph (1) of Rule 1200-03-02-.01 General Definitions is amended by deleting it in its entirety and substituting instead the following:

(r) Fuel Burning Equipment is any equipment, device, or contrivance and all appurtenances thereto, in which fuel is burned for the primary purpose of producing thermal energy or mechanical energy and in which the material being heated is not contacted by, and adds no substance to, the products of combustion.

Authority: T.C.A. §§ 4-5-201 et seq., 68-201 -201 et seq ., and 68-201 -105.

Subparagraph (Ill) of paragraph (1) of Rule 1200-03-02-.01 General Definitions is amended by deleting it in its entirety and substituting instead the following:

(111) "Exempt compounds" means any of the following compounds:

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1. Carbon monoxide; carbon dioxide; carbonic acid; metallic carbides and carbonates; ammonium carbonate; propylene carbonate; dimethyl carbonate; methane; ethane; methylene chloride (dichloromethane); 1, 1, 1-trichloroethane (methyl chloroform); 1, 1,2-trichloro-1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11 ); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2-dichloro 1, 1,2,2-tetrafluoroethane (CFC-114 ); chloropentafluoroethane (CFC-115); 1,1,1 -trifluoro 2,2-dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1 -dichloro 1-fluoroethane (HCFC-141 b); 1-chloro 1, 1-difluoroethane (HCFC-142b); 2-chloro-1, 1, 1,2-tetrafluoroethane (HCFC-124); pentafluoroethane (HFC-125); 1, 1,2,2-tetrafluoroethane (HFC-134); trans-1,3,3,3-tetrafluoropropene (HFO-1234ze); 1, 1, 1-trifluoroethane(HFC-143a); 1, 1-difluoroethane (HFC-152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; acetone; perchloroethylene (tetrachloroethylene); 3,3-dichloro-1, 1, 1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro-1, 1,2,2,3-pentafluoropropane (HCFC-225cb ); 1, 1, 1,2,3,4,4,5,5,5-decafluoropentane (HFC-43-1 0mee); difluoromethane (HFC-32); ethylfluoride (HFC-161 ); 1, 1, 1,3,3,3-hexafluoropropane (HFC-236fa); 1, 1,2,2,3-pentafluoropropane (HFC-245ca); 1, 1,2,3,3-pentafluoropropane (HFC-245ea); 1, 1, 1,2,3-pentafluoropropane (HFC-245eb ); 1, 1, 1,3,3-pentafluoropropane (HFC-245fa); 1, 1, 1,2,3,3-hexafluoropropane (HFC-236ea); 1, 1, 1,3,3-pentafluorobutane (HFC-365mfc ); chlorofluoromethane (HCFC-31 ); 1-chloro-1-fluoroethane (HCFC-151 a); 1,2-dichloro-1, 1,2-trifluoroethane (HCFC-123a); 1, 1, 1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100); 2-(difluoromethoxymethyl)-1, 1, 1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3); 1-ethoxy-1, 1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE-7200); 2-(ethoxydifluoromethyl)-1, 1, 1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5); methyl acetate; 1, 1, 1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3, HFE- 7000); 3-ethoxy-1, 1, 1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500); 1, 1, 1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH3); 1, 1, 1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-

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pentane (HFE-7300); trans-1,3,3,3-tetrafluoropropene; HCF2OCF2H (HFE-134); HCF2OCF2OCF2H (HFE-236cal2); HCF2OCF2CF2OCF2H (HFE-338pcc13); HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or H­Galden ZT 130 (or 150 or 180)); trans 1-chloro-3,3,3-trifluoroprop-1-ene; 2,3,3,3-tetrafluoropropene; 2-amino-2-methyl-1-propanol (AMP); 1, 1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane (HFE-347pcf2) and perfluorocarbon compounds which fall into these classes:

(i) Cyclic, branched, or linear, completely fluorinated alkanes;

(ii) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;

(iii) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and

(iv) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

2. The following compound(s) are not exempt for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely identified in emission reports, but are exempt for purposes of VOC emissions limitations or VOC content requirements: t-butyl acetate.

Authority: T.C.A. §§ 4-5-201 et seq., 68-201 -201 et seq ., and 68-201-105.

Subparagraph (mmm) of paragraph (1) of Rule 1200-03-02-.01 General Definitions is amended by deleting it in its entirety and substituting instead the following:

(mmm) "Volatile organic compounds (VOC) means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions.

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1. This includes any such organic compound other than the following, which have been determined to have negligible photochemical reactivity: methane; ethane; methylene chloride (dichloromethane); 1, 1, 1-trichloroethane (methyl chloroform); 1, 1,2-trichloro-1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11 ); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2-dichloro 1, 1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 1, 1, 1-trifluoro 2,2-dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1 -dichloro 1-fluoroethane (HCFC-141 b); 1-chloro 1, 1-difluoroethane (HCFC-142b); 2-chloro-1, 1, 1,2-tetrafluoroethane (HCFC-1 24); pentafluoroethane (HFC-125); 1, 1,2,2-tetrafluoroethane (HFC-134 ); trans-1,3,3,3-tetrafluoropropene (HFO-1234ze); 1, 1, 1-trifluoroethane (HFC-143a); 1, 1-difluoroethane (HFC-152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; acetone; perchloroethylene (tetrachloroethylene); 3,3-dichloro-1, 1, 1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro-1, 1,2,2,3-pentafluoropropane (HCFC-225cb ); 1, 1, 1,2,3,4,4,5,5,5-decafluoropentane (HFC-43-1 0mee ); difluoromethane (HFC-32); ethylfluoride (HFC-161 ); 1, 1, 1,3,3,3-hexafluoropropane (HFC-236fa); 1, 1,2,2,3-pentafluoropropane (HFC-245ca); 1, 1,2,3,3-pentafluoropropane (HFC-245ea); 1, 1, 1,2,3-pentafluoropropane (HFC-245eb ); 1, 1, 1,3,3-pentafluoropropane (HFC-245fa); 1, 1, 1,2,3,3-hexafluoropropane (HFC-236ea); 1, 1, 1,3,3-pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31 ); 1-chloro-1-fluoroethane

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(HCFC-151 a); 1,2-dichloro-1, 1,2-trifluoroethane (HCFC-123a); 1, 1, 1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100); 2-(difluoromethoxymethyl)-1, 1, 1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3); 1-ethoxy-1, 1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2Hs or HFE-7200); 2-(ethoxydifluoromethyl)-1, 1, 1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5); methyl acetate; 1, 1, 1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3 , HFE- 7000); 3-ethoxy-1, 1, 1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500); 1, 1, 1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH3); 1, 1, 1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl­pentane (HFE-7300); propylene carbonate; dimethyl carbonate; trans-1,3,3,3-tetrafluoropropene; HCF2OCF2H (HFE-134); HCF2OCF2OCF2H (HFE-236cal2); HCF2OCF2CF2OCF2H (HFE-338pcc13); HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); trans 1-chloro-3,3,3-trifluoroprop-1-ene; 2,3,3,3-tetrafluoropropene; 2-amino-2-methyl-1-propanol (AMP); 1, 1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane (HFE-347pcf2) and perfluorocarbon compounds which fall into these classes:

(i) Cyclic, branched, or linear, completely fluorinated alkanes;

(ii) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;

(iii) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and

(iv) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

2. For purposes of determining compliance with emissions limits, VOC will be measured by the test methods in the approved State implementation plan (SIP) or 40 CFR part 60, Appendix A, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibly-reactive compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion is approved by the Technical Secretary.

3. As a precondition to excluding these compounds as VOC or at any time thereafter, the Technical Secretary may require an owner or operator to provide monitoring or testing methods and results demonstrating, to the satisfaction of the Technical Secretary, the amount of negligibly-reactive compounds in the source's emissions.

4. For purposes of enforcement for a specific source, the test methods specified in these regulations, in the approved SIP, or in a permit issued pursuant to these regulations shall be used.

5. The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely identified in emission reports, but are not voe for purposes of voe emissions limitations or VOC content requirements: t-butyl acetate.

Authority: T.C.A. §§ 4-5-201 et seq., 68-201 -201 et seq., and 68-201-105.

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Chapter 1200-03-05 Visible Emission Regulations

Amendment

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Subparagraph (b) of paragraph (2) of Rule 1200-03-05-.05 Standard for Certain Existing Sources is amended by deleting it in its entirely and substituting instead the following:

(b) This rule shall not apply to sources regulated under the rules contained in Chapter 1200-03-11, Chapter 1200-03-16, and Chapters 1200-03-25 and Paragraph 1200-03-09-.01 (4).

Authority: T.C.A. §§ 4-5-201 et seq., 68-201 -201 et seq ., and 68-201 -105.

Chapter 1200-03-07 Process Emission Standards

Amendment

The table of contents to Chapter 1200-03-07 Process Emission Standards is amended by deleting the words "Catalytic Cracking Units" from the title of Rule 1200-03-07-.01, so that, as amended, the title of Rule 1200-03-07-.01 shall read: General Process Particulate Emission Standards

Authority: T.C.A. §§ 4-5-201 et seq., 68-201 -201 et seq., and 68-201 -105.

Paragraph (5) of Rule 1200-03-07-.01 General Process Particulate Emission Standards is amended by deleting it in its entirety and substituting instead the following:

(5) Upon mutual agreement of the owner or operator of any air contaminant source and the Technical Secretary, an emission limit more restrictive than that otherwise specified in this Chapter may be established. This emission limit sha ll be stated as a special condition for any permit or order issued concerning the source. Violation of this agreed to, more stringent emission standard is grounds for revocation of the issued permit and/or other enforcement measures provided for in the Tennessee Air Quality Act.

Authority: T.C.A. §§ 68-201-101 et seq. and 4-5-201 et seq.

Chapter 1200-03-08 Fugitive Dust

Amendments

Subparagraph (b) of paragraph (1) of Rule 1200-03-08-.01 Fugitive Dust is amended by deleting it in its entirety and substituting instead the following:

(b) Application of asphalt, water, or suitable chemicals on dirt roads, material stock piles, and other surfaces which can create airborne dusts;

Authority: T.C.A. §§ 68-201-101 et seq. and 4-5-201 et seq.

Chapter 1200-03-09 Construction and Operating Permits

Amendment

Paragraph (1) of Rule 1200-03-09-.02 Operating Permits is amended by deleting it in its entirety and substituting instead the following:

(1) Any person planning to operate an air contaminant source constructed or modified in accordance with a construction permit issued by the Technical Secretary in rule 1200-03-09-.01 of this chapter shall apply for and receive an operating permit from the Technical Secretary after initial start-up of this said air contaminant source. Ninety (90) days shall be allowed for this, provided paragraph (3) of this rule is complied with . This time period is extended from ninety (90) to one hundred twenty (120) days if stack sampling has been required as a condition on the construction permit, which is further extended to sixty (60) days after the stack sampling report is required on

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the construction permit if a certain time is specified, provided the stack sampling report is filed with the Division within sixty (60) days of initial start-up or the time specified on the construction permit as that paragraph (3) of this rule is complied with.

Authority: T.C.A. §§ 68-201-101 et seq. and 4-5-201 et seq.

Chapter 1200-03-10 Required Sampling, Recording, and Reporting

Amendments

Subparagraph (c) of paragraph (2) of Rule 1200-03-10-.01 Sampling Required to Establish Air Contaminant Emission Levels is amended by deleting it in its entirety and substituting instead the following:

(c) The Technical Secretary may conduct tests of air contaminant emissions from any source. Upon request of the Technical Secretary the person responsible for the source to be tested shall provide, at no expense to the Technical Secretary, reasonable and necessary openings in stacks, vents, and ducts, along with safe and easy access thereto including a suitable power source to the point of testing for proper determination of the level of air contaminant emissions.

Authority: T.C.A. §§ 68-201 -101 et seq. and 4-5-201 et seq.

Subparagraph (c) of paragraph (2) of Rule 1200-03-10-.02 Monitoring of Source Emissions, Recording, and Reporting of the Same are Required is amended by deleting it in its entirety and substituting instead the following:

(c) Owners or operator of facilities subject to rule 1200-03-12-.04 are required to submit a written report on emissions for each calendar quarter and the nature and cause of excess emissions, if known. The Technical Secretary will specify details of the reports required after the monitor has been performance tested.

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1 . General Procedures:

(i) The source owner or operator shall report all 3-hour averages in excess of the applicable emission standard or all 24-hour averages in units of the applicable emission standard. The 3-hour and 24-hour values shall be computed by taking the average of three contiguous or 24 contiguous one-hour values of sulfur dioxide emissions. The one-hour average values may be obtained by integration over the one-hour period or be computed from four or more data points equally spaced over each one-hour period. Data recorded during periods of monitoring system break downs, repairs, calibration checks, and zero and span adjustments shall not be included in the data averages.

(ii) In the event that the fuel burning installation contains discharge points utilizing continuous sulfur dioxide monitoring systems and discharge points which do not require monitoring systems (or where an individual monitoring system is inoperative), and the data from the monitoring system indicates a violation, an administrative hearing may be conducted by the Technical Secretary to determine the compliance status of the entire fuel burning installation.

2. The owners and operators of these sources must follow the same procedures as specified in parts (2)(b)4, 6, and 7 of Rule 1200-03-10-.02. Alternative methods for converting sulfur dioxide monitoring instrument data to units of the applicable emission standard may be

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approved by the Technical Secretary when demonstrated to him to yield equivalent results .

Authority: T.C.A. §§ 68-201-101 et seq. and 4-5-201 et seq .

Subparagraph (b) of paragraph (2) of Rule 1200-03-10-.04 Sampling, Recording and Reporting Required for Major Stationary Sources is amended by deleting it in its entirety and substituting instead the following:

(b) Recordkeeping may include handwritten or computerized records and shall be kept in accordance with the manner approved by the Technical Secretary. The Technical Secretary or an employee of the Department authorized by the Technical Secretary shall have the authority to inspect the records during reasonable hours at the place where such records are kept. The source owner or operator must provide copies of the records to the Technical Secretary upon request. If the records are computerized, the source may provide them to the Technical Secretary in an electronic format compatible with the Department's electronic data processing equipment for initial review. Upon discovery of electronic data that may reveal noncompliance, the Technical Secretary shall ask for excerpts documenting the noncompliance, and the source shall comply with the request. All electronic submittals shall be in "read only" format such that the submittal cannot be written over with different electronic data.

1. In the absence of a specific recordkeeping procedure, it is the general duty of a person required to keep the records required under this rule in

. such a fashion that compliance with the applicable requirement can be readily ascertained .

2. Records must be legible, quantifiable and supported by documentation to validate the entries.

Authority: T.C.A. §§ 68-201 -101 et seq. and 4-5-201 et seq.

Chapter 1200-03-11 Hazardous Air Contaminants

Amendment

Part 1 of subparagraph (e) of paragraph (5) of Rule 1200-03-11 -.02 Asbestos is amended by deleting it in its entirety and substituting instead the following:

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1. Maintain waste shipment records, using a form similar to that shown in Figure 4 following subparagraph (6){h} of this rule, and include the following information:

(i) The name, address, and telephone number of the waste generator.

(ii) The name, address, and telephone number of the transporter(s).

(iii) The quantity of the asbestos-containing waste material in cubic meters (cubic yards}.

(iv) The presence of improperly enclosed or uncovered waste, or any asbestos-containing waste material not sealed in leak-tight containers. Report in writing to the Technical Secretary by the following working day, the presence of a significant amount of improperly enclosed or uncovered waste. Submit a copy of the waste shipment record along with the report.

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(v) The date of receipt.

Authority: T.C.A. §§ 68-201-101 et seq. and 4-5-201 et seq.

Chapter 1200-03-12 Methods of Sampling and Analysis

Amendment

Paragraph (4) of Rule 1200-03-12-.02 Procedures for Ambient Sampling and Analysis is amended by deleting it in its entirety and substituting instead the following:

(4) All ambient monitoring data generated by continuous operating monitors, or intermittent sampling techniques, shall be submitted in a format acceptable to the Technical Secretary.

Authority: T.C.A. §§ 68-201-101 et seq. and 4-5-201 et seq.

Chapter 1200-03-27 Nitrogen Oxides

Amendment

Paragraph (6) of Rule 1200-03-27-.02 General Provisions and Applicability is amended by deleting it in its entirety and substituting instead the following:

(6) The owner or operator of any facility in Davidson, Rutherford, Shelby, Sumner, Knox, Blount, Anderson, Williamson, or Wilson County which has actual emissions from stationary sources of 25 tons or more of volatile organic compounds (VOC's) and/or nitrogen oxides during a calendar year shall report to their permitting authority information and data concerning these emissions. This information and data shall be in the form prescribed by the Technical Secretary, and shall be submitted before March 31 of the year following the calendar year for which the information and data is reported. The first report shall be for the 1993 calendar year, and shall be submitted before March 31, 1994. Each report shall be signed by an official of the company, certifying that the information and data contained in the report is accurate to the best knowledge of the individual certifying the report.

Authority: T.C.A. §§ 68-201-101 et seq. and 4-5-201 et seq.

SS-7037 (July 2014) 11

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I certify that the information included in this filing is an accurate and complete representation of the intent and scope of rulemaking proposed by the agency.

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I Tre Hargett Secretary of State

RDA 1693