(1) A certificate of validation shall be issued by the Technical Secretary to air contaminant sources meeting the conditions of paragraphs (2) and (3) below. The applicable standard for a source with a certificate of validation is 1.0 grains per dry standard cubic foot of stack gases corrected to 70°F and 1 atmosphere in lieu of paragraph 1200-03-07-.04(2).
(2) The owner or operator of the air contaminant source must demonstrate to the satisfaction of the Technical Secretary that the following conditions exist:
(a) The air contaminant source was commenced before April 3, 1972; and no modification has been made to the source since that date.
(b) The air contaminant source meets all applicable emission standards outside of paragraph 1200-03-07-.04(2). Demonstration of this compliance with other regulations will require as a minimum an acceptable stack test report for particulate matter mass emissions (lbs/hr.) and verification of meeting the requirements of chapter 1200-3-5.
(c) The particulate matter ambient air quality standards are being met in the vicinity of the air contaminant source, and no deterioration in air quality will result from the granting of a certificate of validation. The Technical Secretary may require this achievement of air quality to be demonstrated.
(d) A fee of five hundred dollars ($500) has been paid to the Department of Environment and Conservation to cover the cost of review of the request for the certificate of validation.
(e) The owner or operator shall submit an engineering report demonstrating that the investment cost of attaining 0.25 grains per dry standard cubic foot (gr/dscf) will exceed $50,000 per pound of particulate matter emissions prevented from entering the atmosphere per hour; or demonstrate attainment of 0.25 gr/dscf is technically unfeasible. The investment cost per pound per hour shall be calculated by the following formula:

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capital cost = expenditures covering the procurement and erection of air pollution control systems or necessary process modifications.

(f) The particulate matter emissions from the process emission source do not exceed 100 lbs/hr.
(3) The owner or operator of the air contaminant source must, in addition:
(a) Post on the operating premises the certificate of validation.
(b) Keep the air pollution control equipment in good operating condition and utilize said equipment at all times.
(4) Upon receipt of information by the Technical Secretary that any of the requirements of Paragraph (2) have been violated and any requirement of Paragraph (3) has been violated three times in any two year period, the Technical Secretary shall call a show cause meeting pursuant to T.C.A. 68-25-107(8) to inquire into the alleged violations. After hearing sufficient proof and making findings of fact, the Technical Secretary shall revoke the certificate of validation previously granted to the offending air contaminant source. After the certificate of validation has been revoked, the offending source shall comply with 1200-03-07-.04(2) as expeditiously as possible in a compliance schedule contained in an administrative order.
(5) After 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 become void on the date of expiration of the construction permit and Paragraph 1200-03-07-.04(2) shall apply.


Tenn. Comp. R. & Regs. 1200-03-07-.10
Original rule effective March 21, 1979.

Authority: T.C.A. §§ 68-25-105 and 4-5-202.

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