Tenn. Comp. R. & Regs. 1200-03-31-.03 - INTENT OF THE BOARD
(1) The role of the
United States Environmental Protection Agency is recognized by the Board as
being essential in the setting of case-by-case determinations of hazardous air
pollutant control requirements. The federal Agency is in the unique position to
conduct research and compile national data bases as to the source-by-source
control levels that are being achieved or proposed in the regulation of
hazardous air pollutants. As the State of Tennessee does not fully possess
these abilities, the Technical Secretary shall utilize the federal Agency's
resources prior to setting a case-by-case hazardous air pollutant requirement.
In addition, the Technical Secretary shall recognize any federal law, federal
regulation, or lawfully promulgated policy of the United States Environmental
Protection Agency pertaining to case-by-case determinations of hazardous air
pollutant requirements as the minimum acceptable criteria prior to the setting
of a case-by-case hazardous air pollutant requirement under the provisions of
this rule.
(2) The Technical
Secretary may consider other applicable criteria in the absence of any data or
requirement of the United States Environmental Protection Agency. In such case,
the Technical Secretary shall rely upon generally accepted engineering
principles and any unique aspects of a source category as a whole that would be
a prohibitory factor in the imposition of a requirement for industries in that
source category.
(3) To the extent
possible, it is the Board 's intent to impose MACT and GACT limitations
equivalent to that required by the United States Environmental Protection
Agency at the time of the case-by-case determination. Should there be a prudent
reason to be more stringent than the federal equivalent, the Technical
Secretary may issue a more stringent MACT or GACT requirement. In exercise of
the authority to issue a more stringent requirement, the Technical Secretary
shall issue a determination specifying the rationale employed in the setting of
a more stringent requirement. The determination shall accompany the permit in
which the case-by-case determination is declared. As the declaration of a
case-by-case requirement will be specified on a permit, disputes regarding the
imposition of MACT or GACT are to be resolved in the manner prescribed by Rule
1200-03-09-.05. If GACT is done
on a permit -by-rule basis, the Board will view the public hearing process as
the permittee's opportunity to object to the requirements of GACT. However, the
permittee may appeal the applicability of GACT to their operations as to
commenced date or emission/production magnitude applicability thresholds
present at their source.
Notes
Authority: T.C.A. §§ 4-5-201, et seq.; 68-201-101, et seq.; and 68-201-105.
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