Pollutants and Applicability
contaminants are any air contaminants which may cause, or contribute to, an
increase in serious irreversible or incapacitating reversible illness, and has
been so designated by the Board. The Board shall, from time to time, after
public hearing, designate additional hazardous air contaminants. The following
are hereby designated hazardous air contaminants:
4. Vinyl Chloride
7. Inorganic Arsenic
(b) The sources covered by emission standards
in this chapter are still subject to all provisions in the other chapters of
the Tennessee Air Pollution Control Regulations.
(c) Unless otherwise noted, references to
paragraph or sub-divisions of paragraphs in rules in this chapter are to
paragraphs or sub-divisions of paragraphs in that rule.
Permit and Information Requirements
(a) Any person constructing or modifying an
air contaminant source that is subject to an emission standard in this chapter
must obtain a construction permit as outlined in rule 1200-03-9-.01.
Any person planning to construct or
modify a source of hazardous air contaminants shall file with the Technical
Secretary, following the time frame outlined in rule 1200-03-9-.01, sufficient
information to allow evaluation of the air pollution potential of the source.
This information shall be submitted on forms provided by the Technical
Secretary and as a minimum shall include:
Name and address of owner or operator;
2. The location or proposed location of the
3. Nature, size, design,
operating design capacity, and method of operation of the source;
4. Identification of the hazardous air
5. Emission rate(s) of
the hazardous air contaminant;
Period or periods of operation;
Composition of the hazardous air contaminant;
8. Temperature and moisture content of the
air or gas stream in which the hazardous air contaminant is
9. Characterization of
the variability of hazardous air contaminant release with respect to rate,
composition and physical characteristics;
10. Height, velocity, and direction of air or
gas stream at the point where released to the atmosphere;
A description of the control equipment
for each emission point.
(i) Primary control
device(s) for each hazardous pollutant.
(ii) Secondary control device(s) for each
Estimated control efficiency (percent) for each control device.
12. Identify each point of
emission for each hazardous air contaminant.
13. Such other information as may be
specifically requested by the Technical Secretary.
(c) The owner or operator of one or more
sources of hazardous air contaminants shall, within 90 days after notification
by the Technical Secretary, submit to the Technical Secretary the information
specified in parts 1 through 13 of subparagraph (b) above.
Any owner or operator of a source which
has an initial startup after the effective date of a standard prescribed under
this chapter shall furnish written notification to the Technical Secretary as
1. A notification of the anticipated
date of initial startup of the source not more than 60 days nor less than 30
prior to such date.
notification of the actual date of initial startup of the source within 15 days
after such date.
Within ninety (90) days after the effective date of any emission standard in
this chapter, the owner or operator of a source to which the standard applies
in existence or under construction on the effective date of the standard shall
submit the information specified in part 1. through 13. in subparagraph (b)
above. Along with this package of information, the owner or operator shall
submit a statement as to whether he can comply with the standards prescribed in
this chapter within ninety (90) days of the said effective date.
(f) Changes in the information provided under
subparagraphs (b), (c), and/or (e) of this paragraph shall be provided by the
source to the Technical Secretary within 30 days after such change, except that
if changes will result from modification of the source, as defined in chapter
1200-03-2, then the provisions in subparagraphs (a) and (b) of this paragraph
(g) The owner or operator of
any air contaminant source not previously required to have a permit (operating
and/or construction) by the provisions of chapter 1200-03-9 must do so within
90 days after one of the sources' emissions has been designated by the Board as
a hazardous air contaminant.
(a) ''Alternative method'' means any method
of sampling and analyzing for an air pollutant which is not a reference method
but which has been demonstrated to the Technical Secretary's satisfaction to
produce results adequate for the Technical Secretary's determination of
expenditure'' means an expenditure for a physical or operational change to a
stationary source which exceeds the product of the applicable ''annual asset
guideline repair allowance percentage'' specified in the latest edition of
Internal Revenue Service (IRS) Publication 534 and the stationary source's
basis, as defined by section 1012 of the Internal Revenue Code. However, the
total expenditure for a physical or operational change to a stationary source
must not be reduced by any ''excluded additions'' as defined for stationary
sources constructed after December 31, 1981, in IRS Publication 534, as would
be done for tax purposes. In addition, ''annual asset guideline repair
allowance'' may be used even though it is excluded for tax purposes in IRS
means, with respect to the definition of ''new source'' in subparagraph (cc) of
rule 1200-03-2-.01, that an owner or operator has undertaken a continuous
program of construction or modification or that an owner or operator has
entered into a contractual obligation to undertake and complete, within a
reasonable time, a continuous program of construction or
schedule'' means the date or dates by which a source or category of sources is
required to comply with the standards of this chapter.
(e) ''Construction'' means fabrication,
erection, or installation of an affected facility.
(f) ''Equivalent method'' means any method of
sampling and analyzing for an air pollutant which has been demonstrated to the
Technical Secretary's satisfaction to have a consistent and quantitatively
known relationship to the reference method, under specified
(g) ''Existing source''
means any stationary source which is not a new source.
''Modification'' means any physical
change in, or change in the method of operation of, a stationary source which
increases the amount of any hazardous air pollutant emitted by such source or
which results in the emission of any hazardous air pollutant not previously
emitted, except that:
1. Routine maintenance,
repair, and replacement shall not be considered physical changes, and
The following shall not be considered a
change in the method of operation:
increase in the production rate, if such increase does not exceed the operating
design capacity of the stationary source;
(ii) An increase in hours of
(i) ''Monitoring system'' means any system,
required under the monitoring paragraphs in applicable rules, used to sample
and condition (if applicable), to analyze, and to provide a record of emissions
or process parameters.
means the net period of time during which an emission sample is collected.
Unless otherwise specified, a run may be either intermittent or continuous
within the limits of good engineering practice.
(k) ''Standard'' means an emission standard
including a design, equipment, work practice or operational standard for a
hazardous air pollutant promulgated under this chapter.
(l) ''New source'' means any stationary
source, the construction or modification of which is commenced after the
effective date of the rule for hazardous air pollutants which will be
applicable to such source.
''Owner or operator'' means any person who owns, leases, operates, controls, or
supervises a stationary source.
''Reference method'' means any method of sampling and analyzing for an air
pollutant. Any references to reference methods in this chapter shall be to
those reference methods set forth in Subparagraph
unless otherwise stated in this chapter.
(o) ''Startup'' means the setting in
operation of a stationary source for any purpose.
(p) ''Stationary source'' means any building,
structure, facility, or installation which emits or may emit any air pollutant
which has been designated as hazardous by the Technical Secretary.
(q) ''ASTM Method'' ASTM in this chapter
refers to the American Society for Testing Materials. Copies of methods are
available for purchase by writing to ASTM, 1916 Race Street, Philadelphia, PA
19103 or by writing to the Tennessee Division of Air Pollution Control, 701
Broadway, 4th Floor Customs House, Nashville, TN 37219. Be sure to specify
which method is desired.
VOC service'' means that the piece of equipment contains or contacts a process
fluid that is at least 10 percent Volatile Organic Compound (VOC) by
(a) Except as provided under subparagraph (d)
of this paragraph, any physical or operational change to a stationary source
which results in an increase in the rate of emission to the atmosphere of a
hazardous pollutant to which a standard applies shall be considered a
modification, an existing source shall become a new source for each hazardous
pollutant for which the rate of emission to the atmosphere increases and to
which a standard applies.
Emission rate shall be expressed as kg/hr for any hazardous pollutant
discharged into the atmosphere for which a standard is applicable. The
Technical Secretary shall use the following to determine the emission rate:
1. Emission factors as specified in the
background information document (BID) for the applicable standard, or in the
latest issue of ''Compilation of Air Pollutant Emission Factors,'' EPA
Publication No. AP-42, or other emission factors determined by the Technical
Secretary to be superior to AP-42 emission factors, in cases where use of
emission factors demonstrates that the emission rate will clearly increase or
clearly not increase as a result of the physical or operational
2. Material balances,
monitoring data, or manual emission tests in cases where use of emission
factors, as referenced in subparagraph (c)(1) of this paragraph, does not
demonstrate to the Technical Secretary's satisfaction that the emission rate
will clearly increase or clearly not increase as a result of the physical or
operational change, or where it is demonstrated to the Technical Secretary's
satisfaction that there are reasonable grounds to dispute the result obtained
by the Technical Secretary using emission factors. When the emission rate is
based on results from manual emission tests or monitoring data, the procedures
specified in the Federal Register, Vol. 40, December 16, 1975,
beginning on page 58420, shall be used to determine whether an increase in
emission rate has occurred. Tests shall be conducted under such conditions as
the Technical Secretary shall specify to the owner or operator. At least three
test runs must be conducted before and at least three after the physical or
operational change. All operating parameters which may affect emissions must be
held constant to the maximum degree feasible for all test runs.
The following shall not, by
themselves, be considered modifications under this chapter:
1. Maintenance, repair, and replacement which
the Technical Secretary determines to be routine for a source
2. An increase in
production rate of a stationary source, if that increase can be accomplished
without a capital expenditure on the stationary source.
3. An increase in the hours of
4. Any conversion to
coal by reason of any order under section 2(a) and (b) of the Energy Supply and
Environmental Coordination Act of 1974 (or any superseding legislation) or by
reason of a natural gas curtailment plan pursuant to an applicable federal
5. The relocation or
change in ownership of a stationary source.
(a) Unless otherwise specified, this
paragraph applies to each monitoring system required under each rule which
(b) Each owner
or operator shall maintain and operate each monitoring system as specified in
the applicable rule and in a manner consistent with good air pollution control
practice for minimizing emissions. Any unavoidable breakdown or malfunction of
the monitoring system should be repaired or adjusted as soon as practicable
after its occurrence. The Technical Secretary's determination of whether
acceptable operating and maintenance procedures are being used will be based on
information which may include, but not be limited to, review of operating and
maintenance procedures, manufacturer recommendations and specifications, and
inspection of the monitoring system.
(c) When required by the applicable rule, and
at any other time the Technical Secretary may require, the owner or operator of
a source being monitored shall conduct a performance evaluation of the
monitoring system and furnish the Technical Secretary with a copy of a written
report of the results within 60 days of the evaluation. Such a performance
evaluation shall be conducted according to the applicable specifications and
procedures described in the applicable rule. The owner or operator of the
source shall furnish the Technical Secretary with written notification of the
date of the performance evaluation at least 30 days before the evaluation is to
(d) When the effluents from
a single source, or from two or more sources subject to the same emission
standards, are combined before being released to the atmosphere, the owner or
operator shall install a monitoring system on each effluent or on the combined
effluent. If two or more sources are not subject to the same emission
standards, the owner or operator shall install a separate monitoring system on
each effluent, unless otherwise specified. If the applicable standard is a mass
emission standard and the effluent from one source is released to the
atmosphere through more than one point, the owner or operator shall install a
monitoring system at each emission point unless the installation of fewer
systems is approved by the Technical Secretary.
(e) The owner or operator of each monitoring
system shall reduce the monitoring data as specified in each applicable rule.
Monitoring data recorded during periods of unavoidable monitoring system
breakdowns, repairs, calibration checks, and zero and span adjustments shall
not be included in any data average.
(f) The owner or operator shall maintain
records of monitoring data, monitoring system calibration checks, and the
occurrence and duration of any period during which the monitoring system is
malfunctioning or inoperative. These records shall be maintained at the source
for a minimum of 2 years and made available, upon request, for inspection by
the Technical Secretary.
Monitoring shall be conducted as set forth
in this paragraph and the applicable rule unless the Technical Secretary:
(i) Specifies or approves the use of the
specified monitoring requirements and procedures with minor changes in
(ii) Approves the
use of alternatives to any monitoring requirements or procedures.
2. If the Technical Secretary
finds reasonable grounds to dispute the results obtained by an alternative
monitoring method, the Technical Secretary may require the monitoring
requirements and procedures specified in this chapter.