Tenn. Comp. R. & Regs. 1200-03-20-.06 - REPORT REQUIRED UPON THE ISSUANCE OF A NOTICE OF VIOLATION

(1) In the event excess emissions are emitted from any air contaminant source, a notice of violation shall automatically be issued except for visible emission levels included as a startup and/or shutdown permit condition under Paragraph 1200-03-05-.02(1) or determined to be de minimis under Rule 1200-03-20-.06.

(2) The owner or operator of the violating air contaminant source shall submit within twenty (20) days after receipt of the notice of violation, the data required in paragraph (3) of this rule. If the data required in paragraph (3) of this rule has previously been available to the Technical Secretary or the Technical Secretary's representative prior to the issuance of the notice of violation no further action is required of the violating source. However, if the owner or operator of the source desires to submit additional information, then the additional information must be submitted within the twenty (20) day time period.

(3) Each report required in paragraph 1200-03-20-.06(2) shall include as a minimum:

(a) The identity of the stack and/or other emission point where the excess emission(s) occurred;

(b) The magnitude of the excess emissions expressed in pounds per hour and the units of the applicable emission limitation and the operating data and calculations used in determining the magnitude of the excess emissions;

(c) The time and duration of the emissions;

(d) The nature and cause of such emissions;

(e) For malfunctions. The steps taken to correct the situation and the action taken or planned to prevent the recurrence of such malfunctions;

(f) The steps taken to limit the excess emissions during the occurrence reported, and

(g) If applicable, documentation that the air pollution control equipment, process equipment, or processes were at all times maintained and operated in a manner consistent with good operating practices for minimizing emissions.

(4) Failure to submit the report required in paragraph (3) of this rule within the twenty (20) day period specified in paragraph (2) of this rule shall preclude the admissibility of the data for determination of potential enforcement actions.

(5) Where the violations are determined from properly certified and operated continuous emission monitors, no notice of violation(s) will be automatically issued unless the specified de minimis levels are exceeded:

	Source Type	De Minimis Pollutant Monitored	De Minimis Level
(a)	Fuel Burning Installations subject to Rule 1200-03-05-.01 or Rule 1200-03-05-.05 and having fuel burning equipment of input capacity greater than 600 x 106 Btu/hr.	Opacity	Two percent of the time during calendar quarter (Excluding periods of permitted startup or shutdown and excused malfunctions) so long as no more than one 24-hour exceedance per calendar year takes place.
		Sulfur Dioxide	One 24-hour exceedance per calendar year.
(b)	Fuel Burning Installations subject to Rule 1200-03-05-.05, Rule 1200-03-05-.10, or Rule 1200-30-06-.05.	Opacity	One percent of the time during a calendar quarter (Excluding period of permitted startup or shutdown and excused malfunctions) as long as no more than one 24-hour exceedance per calendar year takes place.
(c)	Fuel Burning Equipment subject to part (1)(b)11. of Rule 0400-30-39-.01 or part (1)(b)13. of Rule 0400-30-39-.01.	Opacity	One percent of the time during a calendar quarter (Excluding periods of permitted startup or shutdown and excused malfunctions) as long as no more than one 24-hour exceedance per calendar year takes place.
		Sulfur Dioxide	One 3-hour exceedance per year and/or one 24-hour exceedance per year (applicable to sources having three-hour standard only).
(d)	Kraft Recovery Furnaces subject to either Rule 1200-03-05-.09 or part (1)(b)48. of Rule 0400-30-39-.01.	Opacity	Six percent of the time (Excluding periods of permitted startup or shutdown and excused malfunctions) so long as no more than one 24-hour exceedance per calendar year takes place.
(e)	Kraft Recovery Furnaces subject to either Rule 1200-03-07-.07, part (1)(b)48. of Rule 0400-30-39-.01 or part (1)(b)49. of Rule 0400-30-39-.01.	Total Reduced Sulfur	One percent of the time during a calendar quarter (Excluding periods of permitted startup or shutdown and excused malfunctions).
(f)	Lime Kilns subject to paragraph (4) of Rule 1200-03-07-.07.	Total Reduced Sulfur	Two percent of the time during a calendar quarter (Excluding periods of permitted startup or shutdown and excused malfunctions).
(g)	Sulfuric Acid Plants subject to part (1)(b)22. of Rule 0400-30-39-.01 and Liquid Sulfur Dioxide Plants subject to Rule 1200-03-19-.19.	Sulfur Dioxide	One exceedance greater than three hours duration per year (Excluding periods of excused malfunctions).
(h)	Primary Zinc Smelters subject to part (1)(b)35. of Rule 0400-30-39-.01.	Sulfur Dioxide	One exceedance of greater than three hours duration but less than 24-hour duration per calendar year and/or one 24-hour exceedance per year (Excluding periods of startup, shutdown, or excused malfunction).
(i)	Electric Arc Furnaces subject to part (1)(b)45. of Rule 0400-30-39-.01 or part (1)(b)46. of Rule 0400-30-39-.01.	Opacity	One percent of the time during a calendar quarter (Excluding time periods of startup, shutdown, or excused malfunction) so long as no more than one 24-hour exceedance per calendar year takes place.
(j)	Sulfur Dioxide Abatement System Serving Facilities Producing Organophosphate Compounds.	Sulfur Dioxide	One exceedance of greater than three hours duration per calendar year (Excluding periods of excused malfunctions).
(k)	Secondary Lead Furnaces subject to part (1)(b)29. of Rule 0400-30-39-.01.	Opacity	One half percent of the time during a calendar quarter (Excluding time periods of startup, shutdown, or excused malfunction).
(l)	Any source type utilizing a thirty day rolling average.	Nitrogen Oxides	None. (Excluding periods of startup, shutdown, or excused malfunction.)

For purposes of this paragraph, the term 24-hour exceedance means a continuous exceedance of an emission standard having a total duration of greater than 24 hours (midnight to midnight).

(6) No emission during periods of malfunction, start-up, or shutdown that is in excess of the standards in Division 1200-03 or any permit issued thereto shall be allowed which can be proved to cause or contribute to any violations of the Ambient Air Quality Standards contained in Chapter 1200-03-03 or the National Ambient Air Quality Standards.

Notes

Tenn. Comp. R. & Regs. 1200-03-20-.06

Original rule filed February 5, 1979; effective March 21, 1979. Amendment filed October 28, 1981; effective December 14, 1981. Repeal and new rule filed July 13, 1994; effective September 26, 1994. Amendments filed August 18, 2016; effective November 16, 2016. Amendments filed September 16, 2024; effective 12/15/2024.

Authority: T.C.A. §§ 4-5-201, et seq.; 68-201-101, et seq.; and 68-201-105.