the provisions of the preceding paragraphs of this chapter, the owner or
operator of any air contaminant source shall be responsible for complying with
emission regulations as contained in other chapters of these regulations at the
earliest practicable time and for this purpose the Board shall have the
authority and responsibility to require compliance with these regulations at an
earlier date than indicated where such earlier compliance may reasonably be
No person shall
use any plan, activity, device, or contrivance which the Technical Secretary
determines will, without resulting in an actual reduction of air contaminants,
conceal or appear to minimize the effects of an emission which would otherwise
constitute a violation of these regulations. Methods considered circumvention
of the regulations include but are not limited to the following:
(a) Air (or other gases) introduced for
dilution purposes only.
staggered installation and operation of a facility to avoid coverage by a
standard that applies only to operations larger than a specified
(3) No person
shall discharge from any source whatsoever such quantities of air contaminant,
uncombined water, or other materials which cause a traffic hazard.
(4) Any person affected by any of these
regulations shall file emissions data with the Technical Secretary on forms
available from the Secretary. If any changes are made that invalidate this
data, the owner or operator shall file within thirty (30) days new forms with
the appropriate revisions to the data.
(5) Any source operating under a variance or
Board Order (whether effective under T.C.A. §§ 68-25-116 or
68-25-118) shall prominently and conspicuously display a copy of said
variance or Board Order on the operating premises.
An operating permit, construction permit,
notice of coverage, or notice of authorization is transferable from one person
to another person provided that:
notification of the ownership change is submitted to the Technical Secretary no
later than thirty (30) days after the change; and
The new owner or operator:
(i) Does not make any changes to the
stationary source that meet the definition of modification as defined in this
Division 1200-03 or Division 0400-30, and
(ii) Agrees to abide by the terms of the
permit or notice of coverage or authorization, Division 1200-03, Division
0400-30, the Tennessee Air Quality Act, and any documented agreements made by
the previous owner to the Technical Secretary.
(b) No operating permit, construction permit,
notice of coverage, or notice of authorization is transferable from one air
contaminant source to another air contaminant source or from one location to
another location. The new operating permit, construction permit, notice of
coverage, or notice of authorization required by this subparagraph will be
governed by rules in effect at the time of its issuance.
(7) The Technical Secretary may suspend or
revoke any construction permit, operating permit, notice of coverage, or notice
of authorization if the holder fails to comply with the provisions,
stipulations, or compliance schedules specified in the permit, notice of
coverage, or notice of authorization; Division 1200-03; Division 0400-30; and
the Tennessee Air Quality Act. Upon suspension or revocation of a permit or
notice of coverage or authorization, if the holder fails to take remedial
action, then the holder shall become immediately subject to additional
enforcement actions prescribed by law.
(8) The Technical Secretary may include on
all permits issued under the Tennessee Air Quality Act conditions to directly
impose all provisions applicable to sources that are necessary under the
federal Clean Air Act and effective federal regulations pursuant to this act,
e.g., National Emission Standards for Hazardous Air Pollutants, as well as
provisions necessary under Tenn. Code Ann. §
68-201-101 et. seq. and rules of
this Division 1200-03. Issuance of a permit containing conditions imposing such
applicable provisions necessary under the federal Clean Air Act and effective
federal regulations pursuant to this act shall not be treated as a repeal by
implication of any otherwise applicable provisions of Division 1200-03. That
is, simply the inclusion of such conditions containing federal standards or
requirements that are less restrictive than standards or requirements in
Division 1200-03 concerning the same matter shall not thereby effect a
relaxation of the more restrictive provisions of Division 1200-03.
Tenn. Comp. R. &
rule certified June 7, 1974. Amendment filed and effective February 9, 1977.
Amendment filed and effective November 6, 1988. Amendment filed May 17, 1990;
effective July 1, 1990. Amendment filed July 20, 1999; effective October 2,
1999. Amendment filed July 22, 2003; effective October 5, 2003. Amendment filed
February 24, 2009; effective May 10, 2009. Amendments filed May 17, 2017;
Authority: T.C.A. §§
4-5-202 et. seq , 68-25-105,
68-201-101 et seq., and 68-201-105.