Tenn. Comp. R. & Regs. 1200-03-11-.01 - GENERAL PROVISIONS

(1) List of Pollutants and Applicability
(a) Hazardous air 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:
1. Asbestos
2. Beryllium
3. Mercury
4. Vinyl Chloride
5. Benzene
6. Radionuclides
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.
(2) 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.
(b) 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:
1. Name and address of owner or operator;
2. The location or proposed location of the source;
3. Nature, size, design, operating design capacity, and method of operation of the source;
4. Identification of the hazardous air contaminant;
5. Emission rate(s) of the hazardous air contaminant;
6. Period or periods of operation;
7. Composition of the hazardous air contaminant;
8. Temperature and moisture content of the air or gas stream in which the hazardous air contaminant is contained;
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;
11. 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 hazardous pollutant.
(iii) 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.
(d) 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 follows:
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.
2. A notification of the actual date of initial startup of the source within 15 days after such date.
(e) 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 apply.
(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.
(3) Definitions
(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 compliance.
(b) ''Capital 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 Publication 534.
(c) ''Commenced'' 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 modification.
(d) ''Compliance 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 conditions.
(g) ''Existing source'' means any stationary source which is not a new source.
(h) ''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
2. The following shall not be considered a change in the method of operation:
(i) An 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 operation.
(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.
(j) ''Run'' 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.
(m) ''Owner or operator'' means any person who owns, leases, operates, controls, or supervises a stationary source.
(n) ''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 1200-03-16-.01(5)(g) 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.
(r) ''in 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 weight.
(s) Reserved.
(4) Modification
(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.
(b) Upon 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.
(c) 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 change.
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.
(d) 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 category.
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 operation.
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 statute.
5. The relocation or change in ownership of a stationary source.
(5) Monitoring Requirements
(a) Unless otherwise specified, this paragraph applies to each monitoring system required under each rule which requires monitoring.
(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 begin.
(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.
(g)
1. 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 methodology; or
(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.

Notes

Tenn. Comp. R. & Regs. 1200-03-11-.01
Original rule filed January 10,1977; effective February 9, 1977. Amendment filed May 17, 1978; effective June 16, 1978. Amendment filed September 21, 1988; effective November 6, l988. Amendment filed May 17, 1990; effective July 1, 1990. Amendment filed March 7, 2006; effective May 21, 2006. Amendment filed May 25, 2011; effective August 23, 2011. Amendment fil;ed April 1, 2015; effective 6/30/2015.

Authority: T.C.A. ยงยง 4-5-201, et seq., 4-5-202, 68-201-101, et seq., and 68-25-105.

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.


No prior version found.