Tenn. Comp. R. & Regs. 1200-03-09-.07 - PERMITS-BY-RULE

(1) Definitions

As used in this rule and Rule 1200-03-09-.06, all terms not defined by this paragraph shall have the meaning given to them in this chapter and all terms not defined in this chapter shall have the meaning given to such terms in Chapter 1200-03-02.

(a) "Permit-by-rule" means authorization from the Technical Secretary for the owner or operator to construct, modify, or operate an eligible true minor air contaminant source if such construction, modification, or operation is in compliance with this rule and rules promulgated in carrying out this rule specifically applicable to such source.
(b) "Notice of authorization" or "NOA" means a confirmation from the Technical Secretary of authorization to construct, modify, or operate a minor air contaminant source under a permit-by-rule.
(c) "Notice of intent" or "NOI" means a written notification requesting coverage under a general permit or authorization under a permit-by-rule.
(2) Applicability
(a)
1. An owner or operator of a source that is a member of a category of air contaminant sources listed in paragraph (5) of this rule may obtain a notice of authorization under a permit-by-rule to construct, modify, or operate the source instead of obtaining an individual construction or operating permit for such construction, modification, or operation if the air contaminant source is eligible. An eligible air contaminant source is an air contaminant source that is not excluded by paragraph (4) of this rule and meets the qualifying criteria established by the applicable permit-by-rule. The Technical Secretary may, with cause, refuse to issue a notice of authorization and require an owner or operator to follow the standard permitting procedures as otherwise required by this chapter.
2. An owner or operator remains authorized pursuant to an NOA to construct, modify, or operate an air contaminant source under a permit-by-rule if the air contaminant source continues to be eligible and the owner or operator is in compliance with this rule and the applicable permit-by-rule. When required in writing by the Technical Secretary, the owner or operator of a source that fails to meet the qualifying criteria established in the applicable permit-by-rule or fails to comply with this rule and the applicable permit-by-rule shall submit an application for an individual construction or operating permit or both.
(b) This rule does not exempt any air contaminant source from any requirements of the federal Clean Air Act, the Tennessee Air Quality Act, Division 0400-30 (including being considered for purposes of determining whether a facility constitutes a major source or is otherwise regulated under this Division 1200-03), Division 0400-30, or any requirement to list insignificant activities and emission levels in a Title V permit application. In addition, this rule does not relieve the owner or operator from the requirement of including the emissions associated with the exempt sources in any major NSR permitting action.
(3) General provisions

The provisions of this paragraph apply to any owner or operator constructing, modifying, or operating an air contaminant source under an NOA unless otherwise stated in a permit-by-rule specific to such source.

(a) Recordkeeping requirements
1. The owner or operator shall collect and maintain the records required for each air contaminant source to which an NOA applies. These records shall be retained in the owner or operator's files for a period of not less than five (5) years and shall be made available to the Technical Secretary or any authorized representative of the Technical Secretary for review upon request.
2. For the purposes of this subparagraph, records include, but are not limited to, any monitoring data, testing data, and support information required by the applicable permit-by-rule and shall be retained for a period of five (5) years from the date the record was created. Support information includes, but is not limited to, all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the specific permit-by-rule. Records may be maintained in computerized form.
(b) Notification requirements for new installations

The owner or operator of an air contaminant source to be installed on or after the effective date of a permit-by-rule electing to be authorized to construct, modify, or operate under the permit-by-rule shall submit an NOI in a form and manner prescribed by the Technical Secretary prior to installation of the air contaminant source. The NOI must be submitted to the Technical Secretary not less than seven (7) days prior to the estimated start date of construction, and shall contain the following information, at a minimum:

1. The owner's or operator's name and the facility contact's name;
2. The facility mailing address and telephone number;
3. The location of the air contaminant source(s);
4. A description of the air contaminant source(s), including any pollution control(s);
5. A statement by the owner or operator that indicates the permit-by-rule under which construction, modification, or operation of the air contaminant source will be authorized;
6. The estimated start date of construction; and
7. A signed statement that the proposed air contaminant source(s) qualifies to be covered under this rule and the applicable permit-by-rule.
(c) Notification requirements for existing permitted sources
1. An owner or operator of an air contaminant source which is operating under an existing construction or operating permit may continue to operate in compliance with that permit or may submit an NOI in the form and manner prescribed by the Technical Secretary that contains at a minimum the applicable information required by the Technical Secretary under subparagraph (b) and a written notification to the Technical Secretary that the owner or operator intends to relinquish the existing permit or permits.
2. The Technical Secretary may issue the requested NOA and allow the owner or operator to relinquish a construction or operating permit pursuant to this paragraph if an NOA may be issued to the permittee pursuant to paragraph (2 ) and the Technical Secretary determines that the relinquishment will not result in the violation of any applicable laws. When an owner or operator submits an NOI and relinquishment notification pursuant to this paragraph, the Technical Secretary, without prior hearing, shall make a final determination on the relinquishment notification and either issue the NOA and allow the relinquishment of the existing permit or permits or inform the permittee in writing of the Technical Secretary's denial. The NOA is effective on the date the existing permit is relinquished.
(d) Reporting requirements

The owner or operator shall submit required reports in the following manner:

1. Reports of any monitoring or recordkeeping information required by a permit-by-rule shall be submitted to the Division at the physical address or e-mail address provided in the notice of authorization or as specified in an official notification from the Division.
2. A written report of any deviations (excursions) from emission limitations, operational restrictions, qualifying criteria, and control equipment operating parameter limitations that have been detected by the testing, monitoring, and recordkeeping requirements specified in the permit-by-rule shall be submitted to the Division within thirty (30) days of the date the deviation occurred. The report shall describe the specific limitation or operational restriction exceeded, the probable cause of such deviation, and any corrective actions or preventive measures that have been or will be taken.
(e) Scheduled maintenance/malfunction reporting

Any scheduled maintenance of air pollution control equipment shall be performed in accordance with the requirements of the applicable permit-by-rule. The malfunction of any emissions units or any associated air pollution control system(s) shall be reported to the Division in accordance with chapter 1200-03-20. Except as provided in chapter 1200-03-20, any scheduled maintenance or malfunction necessitating the shutdown or bypassing of any air pollution control system(s) shall be accompanied by the shutdown of the emissions unit(s) that is served by such control system(s).

(f) Any person in possession of a notice of authorization under a permit-by-rule shall ensure that the notice of authorization is readily available for inspection by the Technical Secretary or the Technical Secretary's designated representative on the operating premises or an alternate location approved by the Technical Secretary.
(4) Exclusions from eligibility
(a) No stationary source with the potential to emit one hundred (100) tons per year or more of any air pollutant subject to regulation is eligible to be authorized under a permit-by-rule.
(b) No stationary source with the potential to emit ten (10) tons per year or more of a single hazardous air pollutant or twenty-five (25) tons per year or more of any combination of hazardous air pollutants is eligible to be authorized under a permit-by-rule.
(c) Stationary sources of nitrogen oxides or volatile organic compounds located in areas designated serious, severe, or extreme non-attainment for ozone by the U.S. EPA that otherwise would be eligible to be authorized under a permit-by-rule but have the potential to emit ten (10) tons per year or more of these precursor pollutants cannot be authorized under a permit-by-rule.
(5) Source categories potentially eligible for permit-by-rule:
(a) Gasoline dispensing facilities (GDFs) subject to the provisions of Rule 1200-03-18-.24.
(b) Emergency stationary reciprocating internal combustion engines subject to the provisions of Rule 0400-30-38-.01.
(c) Emergency stationary compression ignition internal combustion engines subject to the provisions of Rule 0400-30-39-.01.
(d) Emergency stationary spark ignition internal combustion engines subject to the provisions of Rule 0400-30-39-.02.
(e) Auto body refinishing operations, which includes paint stripping and surface coating of motor vehicles and mobile equipment, subject to the provisions of Rule 0400-30-38-.02. However, no emission source subject to a rule in Chapter 1200-03-18 shall qualify for permit-by-rule.

Notes

Tenn. Comp. R. & Regs. 1200-03-09-.07
New rule filed May 17, 2017; effective August 15, 2017. Amendments filed January 8, 2018; effective 4/8/2018.

Authority: ยงยง 4-5-201, et seq. and 68-201-101, et seq.

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