Tenn. Comp. R. & Regs. 1200-03-18-.02 - GENERAL PROVISIONS AND APPLICABILITY

(1) It is the purpose of this chapter to establish emission standards and requirements for certain sources of volatile organic compounds for which applicability is specified in this chapter and other chapters of this division. In determining whether the sources of a source category at a facility satisfy the applicability standard of a specific rule, the potential VOC emissions from all sources of the source category shall be totaled.
(2) Upon mutual agreement of any air contaminant source and the Technical Secretary, an emission limit more restrictive than that otherwise specified in this chapter may be established. Also, upon mutual agreement of any air contaminant source and the Technical Secretary, operating hours, process flow rates, or any other operating parameter may be established as a limit which the source must adhere to. Any items mutually agreed to shall be stated as special conditions for any permit or order concerning the source. Violation of this mutual agreement shall result in enforcement action.
(3) Nothing in this chapter shall be construed to exempt sources from satisfying other applicable rules in this division and standards and requirements derived from or according to rules of this division, including, but not limited to, new source review requirements, permit conditions, and standards and requirements mutually agreed to or included in the State Implementation Plan.
(4) These regulations do not apply to any equipment used exclusively for chemical or physical analysis or determination of product quality and commercial acceptance provided the operation of the equipment is not an integral part of a production process and the total actual emissions from all such equipment at the facility do not exceed 204 kilograms (kg) (450 pounds [lb]) in any calendar month. Any facility availing of this exemption shall maintain the following records for at least 3 years and shall make those records available to the Technical Secretary upon request:
(a) Records to document the purpose of the equipment for which the exemption is claimed, and
(b) Records to document the amount of each volatile organic compound (VOC)-containing material used in the equipment each calendar month and the VOC content of each material such that emissions can be determined for each calendar month.
(5) At any facility which contains sources subject to volatile organic compound content standards of this chapter, there shall be allowed a nonrenewable exemption from these standards for the use in these sources of a facility-wide aggregate of 55 gallons, as applied, of coatings and inks which exceed these standards during any rolling 12-month period if the following conditions are satisfied:
(a) No more than 55 gallons of these coatings and inks is used during any rolling 12-month period;
(b) The owner or operator of the facility makes application to the Technical Secretary for such exemption identifying the composition or percentage of solid and liquid components for each coating and ink to be included in the exemption;
(c) The exemption has been made a condition on a permit;
(d) Monthly recordkeeping, consistent with the procedures published in Recordkeeping Guidance Document for Surface Coating Operations and the Graphic Arts Industry, EPA 340/1-88-003, July 1989, is maintained; and
(e) After the exemption becomes effective, there is no instance of exceedance of the 55-gallon per rolling 12-month period limit.
(6) No owner or operator subject to these regulations may build, erect, install, or use any article, machine, equipment, process, or other method the use of which conceals emissions that would otherwise constitute non-compliance with an applicable regulation. This includes, but is not limited to, the use of gaseous diluents to achieve compliance, and the piecemeal carrying out of an operation to avoid coverage by a regulation that applies only to operations larger than a specified size.
(7) Source-specific standards and requirements, such as reasonably available control technology standards and requirements, may be established which differ from the standards and requirements specified in this chapter. Source-specific standards and requirements must be incorporated as revisions to the State Implementation Plan, unless otherwise provided for in this chapter or in Chapter 21 of this division. The owner or operator of a source for which legal notice must be published to effect source - specific standards and requirements, shall be responsible for all costs associated with publishing the required legal notice.
(8) The owner or operator of any facility in Davidson, Rutherford, Shelby, Sumner, Williamson, or Wilson County which has actual emissions from stationary sources of 25 tons or more of volatile organic compounds (VOC's) during a calendar year shall report to the Technical Secretary information and data concerning these emissions and nitrogen oxide emissions. This information and data shall be in the form prescribed by the Technical Secretary, and shall be submitted before March 31 of the year following the calendar year for which the information and data is reported. The first report shall be for the 1993 calendar year, and shall be submitted before March 31, 1994. Each report shall be signed by an official of the company, certifying that the information and data contained in the report is accurate to the best knowledge of the individual certifying the report.
(9) For any source subject to this chapter in a county other than Davidson, Knox, Rutherford, Shelby, Sumner, Williamson, or Wilson County, requirements in permit conditions specifying data to be collected, records to be maintained, the period of time over which compliance is to be demonstrated, and reports to be submitted to the Technical Secretary shall take precedence over corresponding requirements in rules of this chapter. However the period of time over which compliance is to be demonstrated shall not be in excess of 30 days unless otherwise specified in this chapter.
(10) Multiple lines or operations of a source category which are served by a common control system may be treated as a single line or operation for the purposes of determining compliance with the standards of this chapter. In this case, the most stringent standard applicable to any of the lines or operations shall be the applicable standard for the purpose of compliance determination.
(11) Records required to be maintained shall be maintained within the state. If such records are maintained at a site other than the facility for which the records are generated, the Technical Secretary shall be informed of this. The notice informing the Technical Secretary shall contain, at a minimum, the following:
(a) Facility name;
(b) Facility physical address;
(c) Physical address where the records are maintained; and
(d) Name, phone number, and mailing address of the official responsible for maintenance of the records and from whom records may be obtained.

The Technical Secretary shall be informed of any change in the details listed above within 30 days following such change.

(12) Any facility that becomes or is currently subject to the provisions of a rule of this chapter by exceeding an applicability threshold will remain subject to these provisions even if its emissions, throughput, or capacity later fall below the applicability threshold.
(13) The owner or operator of any line or operation which achieves exemption from standards or requirements of this chapter shall maintain records that document the line or operation satisfies the applicable criteria for the exemption.


Tenn. Comp. R. & Regs. 1200-03-18-.02
Original rule filed May 15, 1979; effective July 10, 1979. Amendment filed December 8, 1981; effective January 22, 1982. Amendment filed January 31, 1983; effective March 2, 1983. Amendment filed September 21, 1988; effective November 6, 1988. Amendment filed May 17, 1990; effective July 1, 1990. Amendment filed April 23, 1992; effective June 7, 1992. Repeal and new rule filed March 8, 1993; effective April 22, 1993. Amendment filed April 18 1994; effective July 2, 1994. Amendment filed July 27, 1995; effective October 9, 1995.

Authority: T.C.A. ยงยง 4-5-202 and 68-201-105.

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