Tenn. Comp. R. & Regs. 1200-03-31-.06 - OPPORTUNITY FOR EARLY REDUCTIONS SCHEDULE
(1) The owner or operator of an existing source of hazardous air pollutants may be issued an operating permit allowing 6 additional years to comply with a future MACT commencing on the compliance date of that MACT limit if each of the following criteria are satisfied:
(a) The source will utilize control and/or work practices that will result in a 90 per centum or more reduction in emissions of hazardous air pollutants (95 per centum in the case of hazardous air pollutants which are particulates).
1. The reduction shall be determined with respect to verifiable and actual emissions in a base year not earlier than calendar year 1987.
2. If there is evidence that emissions in the base year 1987, or any subsequent base year are artificially or substantially greater than emissions in other years prior to the implementation of the early emission reductions, the Technical Secretary shall require the use of an arithmetic average of the years commencing upon the suspect year and ending upon the period of time when the person seeking the early reductions schedule files their plan for the purpose of determining base year emission levels.
3. The Technical Secretary may allow a source to use 1985 or 1986 emission data for the purpose of determining base year emissions if the source has submitted such data to him in a form that can be used to make the baseline calculations and further that such information was in his possession prior to November 15, 1990.
(2) The early emission reduction must occur prior to the federal proposal of a source category specific MACT standard to which the source will be subject. Federal proposal will be considered effective when the United States Environmental Protection Agency publishes the standard in the Federal Register. The reduction need not actually occur prior to the federal proposal if the source owner or operator has committed to an enforceable schedule that extends no further than January 1, 1994.
(3) A major source operating permit must be issued to the source owner or operator pursuant to the provisions of paragraph 1200-3-9-.02(11) detailing the schedule to attain the early emission reductions and the enforceable emission limit that is to be attained. For the purposes of this subparagraph, the Technical Secretary shall issue the permit within 9 months of a complete application.
(4) The early reductions of less toxic hazardous air pollutants shall not be credited toward the reduction of highly toxic hazardous air pollutants (such as, but not limited to chlorinated dioxins and furans) that pose high risks of adverse public health effects associated with exposure to small quantities of such highly toxic hazardous air pollutants. The Technical Secretary shall use the relative risks of chlorinated dioxins and furans as a qualitative benchmark in determining whether or not a hazardous air pollutant is highly toxic.
Authority: T.C.A. §§ 68-201-105 and 4-5-201 et. seq.
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