contaminant sources meeting the conditions in paragraphs (2) and (3) of this
rule and for which a certificate of validation has been issued by the Technical
Secretary indicating that to his satisfaction the conditions in paragraph (2)
are met, must in lieu of meeting the requirements of rule .01 of this chapter,
meet the following emission standards of no visible emissions in excess of
forty (40) percent opacity for an aggregate of more than five (5) minutes in
any one (1) hour or more than twenty (20) minutes in any one twenty-four (24)
Secretary must issue a certificate of validation if applied for and the owner
or operator of the air contaminant source demonstrates to the satisfaction of
the Technical Secretary the following conditions exist:
(a) The air contaminant source shall be
subject to the rules contained in either Chapter 1200-03-06 or Chapter
1200-03-07 and shall be meeting the appropriate emission standard contained in
contaminate source is not regulated under the rules contained in Chapter
1200-03-11, Chapter 1200-03-16, and Chapters 1200-03-25 and Paragraph
The air contaminant source does not
include a gas or oil-fired boiler. However, if the particulate emissions of the
fuel burning installation are less than that which rule
would allow for a fuel burning installation of the size Qs where Qs is the heat
input rate from solid fuels and/or liquid fuels other than oil, then the
previous sentence will not prohibit, in and of itself, the issuance of a
certificate of validation.
emission point, suitable for the installation of a continuously recording
opacity monitor of the air contaminant source, whether a process emission
source, fuel burning installation, incinerator, or wigwam, having a flow rate
of 100,000 ACFM or more shall be equipped with continuously recording opacity
monitors of the reference method type as outlined in the Federal
Register, Vol. 48, No. 62, March 30, 1983, beginning on page 13327, or
an equivalent or alternate type approved by the Technical Secretary. However, a
monitor will not have to be installed on those emission points of the air
contaminant source for which the owner or operator does not wish to be allowed
to emit more than twenty percent opacity. In this event these points must be
clearly specified on any application for a certificate of validation. The
Technical Secretary may still require these other points to install such a
monitoring system. This provision shall not apply to gas streams containing
moisture which interferes with proper instrument operation.
(e) The air contaminant source meets all
emission standards in these regulations outside this chapter. Demonstration of
this will require, as a minimum, an acceptable stack test report for
particulate matter. This test must be conducted in the presence of personnel
from the Division of Air Pollution Control.
(f) The PM10 ambient
air quality standards are being met in the vicinity of the air contaminant
source. The Technical Secretary may require this to be demonstrated.
(g) A certificate of validation has never
been revoked for this air contaminant source.
(h) A fee of five hundred dollars ($500.00)
has been paid to the Department to cover the costs of review of the request for
the certificate of validation.
The owner or operator of the air
contaminant source must:
(a) Post on the
operating premises the certificate of validation;
(b) Maintain for at least one year the
readout from the opacity monitor(s) and keep this record available for
inspection by the personnel of the Division of Air Pollution Control;
(c) Keep the air pollution control equipment
and the opacity monitor in good operating condition and utilize said equipment
at all times.
Administrative Hearing the certificate of validation will be revoked by the
Technical Secretary if he finds any of the requirements of paragraph (2) have
been violated and/or if the requirements of paragraph (3) have been frequently
and flagrantly violated after its issuance.
(5) Upon the granting of a construction
permit for the modification of an air contaminant source for which a
certificate of validation has been issued, the certificate of validation shall
(6) Air contaminant
sources required to conduct in-stack opacity monitoring as per subparagraph
(2)(d) above may elect to have visible emissions determined by Method 9
outlined in the Federal Register, Vol. 39, No. 219, November
12, 1974, beginning on page 39874. For a source electing to have visible
emissions determined by this method, the applicable visible emission standard
under the certificate of validation shall be as follows: No visible emissions
in excess of forty (40) percent opacity for more than one six (6) minute period
in any one (1) hour or more than twenty-four (24) minutes in any one
twenty-four (24) hour period. For an affected source the choice of methods of
the determination of visible emissions must be made with the application for
the certificate of validation, otherwise the standard set forth in paragraph
(1) of rule 1200-03-05-.05 shall apply.
Tenn. Comp. R. &
filed January 10, 1977; effective February 9, 1977. Amendment filed September
21, 1988; effective November 6, 1988. Amendment filed April 18, 1990; effective
June 2, 1990. Amendment filed May 17, 1990; effective July 1, 1990. Amendments
filed June 6, 2018; effective 9/4/2018.
Authority: T.C.A. §§
et seq.; 68-25-105; 68-201-105; and 68-201-201, et seq.