Tenn. Comp. R. & Regs. 1200-03-05-.02 - EXCEPTIONS

(1) Consistent with the requirements of Chapter 1200-03-20, due allowance may be made for visible emissions in excess of that permitted in this chapter which are necessary or unavoidable due to routine startup and shutdown conditions. However, no visible emission in excess of that permitted in this chapter shall be allowed which can be proved to cause or contribute to any violations of the Ambient Air Quality Standards contained in Chapter 1200-03-03 and the National Ambient Air Quality Standards. The owner or operator shall maintain a continuous, current log of all excess visible emissions showing the time at which such conditions began and ended. Such record shall be available to the Technical Secretary or the Technical Secretary's representative upon request.
(2) In the event of a dispute between the owner or operator of an air contaminant source and the Tennessee Air Pollution Control Division as to what constitutes due allowance, the Technical Secretary may conduct an Administrative Hearing for the determination of this matter.


Tenn. Comp. R. & Regs. 1200-03-05-.02
Original rule filed January 10, 1977; effective February 9, 1977. Amendment filed February 5, 1979; effective March 21, 1979. Amendment filed July 21, 1980; effective September 4, 1980. Amendment filed December 20, 1984; effective January 19, 1985. Amendment filed September 21, 1988; effective November 6, 1988. Amendment filed August 18, 2016; effective 11/16/2016.

Authority: T.C.A. ยงยง 68-201-101 et seq., 68-25-105, and 4-5-201 et. seq.

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