Page
1
of
5
pages
Rulemaking
Hearing
Rules
of
Tennessee
Department
of
Environment
and
Conservation
Bureau
of
Environment
Division
of
Air
Pollution
Control
Chapter
1200­
3­
18
Volatile
Organic
Compounds
Amendments
Chapter
1200­
3­
18
is
amended
in
the
following
four
respects:

1.
Subparagraph
(
a)
of
paragraph
(
1)
of
rule
1200­
3­
18­.
22
Bulk
Gasoline
Plants
is
amended
by
inserting
between
the
words
"
in"
and
"
Davidson"
the
words
"
Anderson,
Blount,
Carter,
Cheatham;"
between
the
words
"
Davidson"
and
"
Rutherford"
the
words
"
Dickson,
Fayette,
Hamilton,
Hawkins,
Haywood,
Jefferson,
Johnson,
Knox,
Loudon,
Marion,
Meigs,
Montgomery,
Putnam,
Robertson;"
between
the
words
"
Rutherford"
and
"
Shelby"
the
word
"
Sevier;"
between
the
words
"
Shelby"
and
"
Sumner"
the
word
"
Sullivan;"
and
between
the
words
"
Sumner"
and
"
Williamson"
the
words
"
Tipton,
Unicoi,
Union,
Washington,"
so
that,
as
amended,
the
subparagraph
shall
read:

(
a)
This
rule
applies
to
all
unloading,
loading,
and
storage
operations
at
bulk
gasoline
plants
in
Anderson,
Blount,
Carter,
Cheatham,
Davidson,
Dickson,
Fayette,
Hamilton,
Hawkins,
Haywood,
Jefferson,
Johnson,
Knox,
Loudon,
Marion,
Meigs,
Montgomery,
Putnam,
Robertson,
Rutherford,
Sevier,
Shelby,
Sullivan,
Sumner,
Tipton,
Unicoi,
Union,
Washington,
Williamson,
and
Wilson
Counties
and
to
gasoline
tank
trucks
delivering
or
receiving
gasoline
at
these
bulk
gasoline
plants.

Authority:
TCA
68­
201­
105
and
4­
5­
202.
Effective
April
22,
1993.

2.
Paragraph
(
6)
of
rule
1200­
3­
18­.
22
Bulk
Gasoline
Plants
is
amended
by
adding
a
comma
and
the
words
"
except
that
for
any
bulk
gasoline
plant
in
Anderson,
Blount,
Carter,
Cheatham,
Dickson,
Fayette,
Hamilton,
Hawkins,
Haywood,
Jefferson,
Johnson,
Knox,
Loudon,
Marion,
Meigs,
Montgomery,
Putnam,
Robertson,
Sevier,
Sullivan,
Tipton,
Unicoi,
Union,
or
Washington
County
that
is
an
existing
source
on
(
rule­
effective
date)
the
initial
compliance
certification
required
in
paragraph
.04(
1)
shall
be
submitted
by
(
the
May
1
after
one
year
after
rule­
effective
date)
instead
of
the
date
specified
in
this
paragraph
.04(
1),"
so
that,
as
amended,
the
paragraph
shall
read:

(
6)
The
owner
or
operator
of
any
facility
containing
sources
subject
to
this
rule
shall
comply
with
the
requirements
in
paragraphs
.04(
1)
and
(
2)
of
this
chapter,
except
that
for
any
bulk
gasoline
plant
in
Anderson,
Blount,
Carter,
Cheatham,
Dickson,
Fayette,
Hamilton,
Hawkins,
Haywood,
Jefferson,
Johnson,
Knox,
Loudon,
Marion,
Meigs,
Montgomery,
Putnam,
Robertson,
Sevier,
Sullivan,
Tipton,
Unicoi,
Union,
or
Washington
County
that
is
an
existing
source
on
(
rule­
effective
date)
the
initial
compliance
certification
required
in
paragraph
.04(
1)
shall
be
submitted
by
(
the
May
1
after
one
year
after
rule­
effective
date)
instead
of
the
date
specified
in
this
paragraph
.04(
1).

Authority:
TCA
68­
201­
105
and
4­
5­
202.
Effective
April
22,
1993.

3.
Subparagraph
(
a)
of
paragraph
(
1)
of
rule
1200­
3­
18­.
24
Gasoline
Dispensing
Facilities­­
Stage
I
and
Stage
II
Vapor
Recovery
is
amended
by
inserting
between
the
words
"
in"
and
"
Davidson"
the
words
"
Anderson,
Blount,
Carter,
Cheatham;"
between
the
words
"
Davidson"
and
"
Rutherford"
the
words
"
Dickson,
Fayette,
Hamilton,
Hawkins,
Haywood,
Jefferson,
Johnson,
Knox,
Loudon,
Marion,
Meigs,
Montgomery,
Putnam,
Robertson;"
between
the
words
"
Rutherford"
and
"
Shelby"
the
word
"
Sevier;"
between
the
words
"
Shelby"
and
"
Sumner"
the
word
"
Sullivan;"
and
between
the
words
"
Sumner"
and
Page
2
of
5
pages
"
Williamson"
the
words
"
Tipton,
Unicoi,
Union,
Washington,"
so
that,
as
amended,
the
subparagraph
shall
read:

(
a)
This
rule
applies
to
any
gasoline
dispensing
facility
in
Anderson,
Blount,
Carter,
Cheatham,
Davidson,
Dickson,
Fayette,
Hamilton,
Hawkins,
Haywood,
Jefferson,
Johnson,
Knox,
Loudon,
Marion,
Meigs,
Montgomery,
Putnam,
Robertson,
Rutherford,
Sevier,
Shelby,
Sullivan,
Sumner,
Tipton,
Unicoi,
Union,
Washington,
Williamson,
or
Wilson
County
and
the
appurtenant
equipment
necessary
to
the
gasoline
dispensing
facility
and
to
any
gasoline
tank
truck
that
transfers
gasoline
to
storage
vessels
at
such
facilities.

Authority:
TCA
68­
201­
105
and
4­
5­
201
et.
seq.
Administrative
History:
Original
rule
filed
March
8,
1993;
effective
April
22,
1993.
effective
June
21,
1996.
Amendment
filed
May
30,
1996;
effective
August
10,
1996.

4.
Subparagraph
(
a)
of
paragraph
(
6)
of
rule
1200­
3­
18­.
24
Gasoline
Dispensing
Facilities­­
Stage
I
and
Stage
II
Vapor
Recovery
is
amended
by
substituting
for
the
present
subparagraph
a
different
subparagraph
so
that,
as
amended,
the
resulting
subparagraph
shall
read:

(
a)
Comply
with
the
requirements
in
paragraphs
.04(
1)
and
(
2)
of
this
chapter,
except
that
for
gasoline
dispensing
facilities
in
Anderson,
Blount,
Carter,
Cheatham,
Dickson,
Fayette,
Hamilton,
Hawkins,
Haywood,
Jefferson,
Johnson,
Knox,
Loudon,
Marion,
Meigs,
Montgomery,
Putnam,
Robertson,
Sevier,
Shelby,
Sullivan,
Tipton,
Unicoi,
Union,
and
Washington
Counties
that
are
existing
sources
on
(
rule­
effective
date)
the
initial
compliance
certifications
required
in
paragraph
.04(
1)
shall
be
submitted
by
(
the
May
1
after
one
year
after
rule­
effective
date)
instead
of
the
date
specified
in
this
paragraph
.04(
1)
and
shall
be
according
to
the
applicable
test
methods
specified
in
subparagraphs
(
4)(
b)
and
(
c)
of
this
rule;

Authority:
TCA
68­
201­
105
and
4­
5­
201
et.
seq.
Administrative
History:
Original
rule
filed
March
8,
1993;
effective
April
22,
1993.
effective
June
21,
1996.
Amendment
filed
May
30,
1996;
effective
August
10,
1996.

Legal
contact
and/
or
party
who
will
approve
final
copy
for
publication:

Ms.
Lacey
Hardin
Division
of
Air
Pollution
Control
9th
Floor
L
&
C
Annex
401
Church
Street
Nashville,
TN
37243­
1531
(
615)
532­
0554
Contact
for
disk
acquisition:
Ms.
Lacey
Hardin
Division
of
Air
Pollution
Control
9th
Floor
L
&
C
Annex
401
Church
Street
Nashville,
TN
37243­
1531
(
615)
532­
0554
Page
3
of
5
pages
Signature
of
the
agency
officer
or
officers
directly
responsible
for
proposing
and
drafting
this
rule:

___________________________________
Barry
R.
Stephens
Director
Tennessee
Air
Pollution
Control
Division
The
roll­
call
vote
of
the
Tennessee
Air
Pollution
Control
Board
on
this
rulemaking
hearing
rule
was
as
follows:

Aye
No
Abstain
________________________
_____
_____
_____
Richard
A.
Bolton
_______________________
_____
_____
_____
Wilton
Burnett,
Jr.

________________________
_____
_____
_____
Tracy
R.
Carter
_______________________
_____
_____
_____
Mary
English
_______________________
_____
_____
_____
Sharon
Goldsworthy
_______________________
_____
_____
_____
Stephen
Gossett
________________________
_____
_____
_____
Helen
Hennon
________________________
_____
_____
_____
Richard
Holland
________________________
_____
_____
_____
Robert
D.
Kirkpatrick
________________________
_____
_____
_____
Ron
Page
_______________________
_____
_____
_____
Ike
Sewell
________________________
_____
_____
_____
Greer
Tidwell,
Jr.

_______________________
_____
_____
_____
Richard
Warder
________________________
_____
_____
_____
Larry
Waters
Page
4
of
5
pages
I
certify
that
this
is
an
accurate
and
complete
copy
of
the
rulemaking
hearing
rule,
lawfully
promulgated
and
adopted
by
the
Tennessee
Air
Pollution
Control
Board
on
the
____
day
of
______________,
2004.
Page
5
of
5
pages
Further,
I
certify
that
the
provisions
of
T.
C.
A.
§
§
4­
5­
222
have
been
fully
complied
with,
that
this
rule
was
properly
presented
for
filing,
a
notice
of
rulemaking
hearing
having
been
filed
in
the
Department
of
State
on
the
27th
day
of
February
2004,
and
such
notice
of
rulemaking
hearing
having
been
published
in
the
March
15,
2004,
issue
of
the
Tennessee
Administrative
Register,
and
such
rulemaking
hearing
having
been
conducted
pursuant
thereto
on
the
19th
day
of
April
2004.

__________________________________
Barry
R.
Stephens
Technical
Secretary
Tennessee
Air
Pollution
Control
Board
Subscribed
and
sworn
to
before
me
this
the
_________
day
of
_____________________,
2004.

__________________________________
Notary
Public
My
commission
expires
on
the
________
day
of
____________________
,
________
.

The
rulemaking
hearing
rule
provided
for
herein
has
been
examined
by
the
Attorney
General
and
Reporter
of
the
State
of
Tennessee
and
approved
as
to
legality
pursuant
to
the
provisions
of
the
Administrative
Procedures
Act,
Tennessee
Code
Annotated,
Title
4,
Chapter
5.

__________________________________
Paul
G.
Summers
Attorney
General
and
Reporter
The
rulemaking
hearing
rule
set
out
herein
was
properly
filed
in
the
Department
of
State
on
the
day
of
__________________
20
,
and
will
become
effective
on
the
_____
day
of
_____________
,
20
____
.

__________________________________
Riley
C.
Darnell
Secretary
of
State
By:
__________________________________

Winword/
rm/
6­
06.
doc
