Department of State

Division of Publications

312 Rosa L. Parks Avenue, 8th Floor Snodgrass/TN Tower

Nashville, TN 37243

Phone: 615-741-2650

Fax: 615-741-5133

Email: register.information@tn.gov	For Department of State Use Only 

Sequence Number:

Rule ID(s):

File Date:

Effective Date:





Rulemaking Hearing Rule(s) Filing Form

Rulemaking Hearing Rules are rules filed after and as a result of a
rulemaking hearing. T.C.A. § 4-5-205

Agency/Board/Commission:	Environment and Conservation

Division:	Air Pollution Control

Contact Person:	Lacey J. Harding

Address:	15th Floor, William R. Snodgrass Tennessee Tower 

312 Rosa L. Parks Avenue 

Nashville, Tennessee

Zip:	37243

Phone:	(615) 532-0545

Email:	  HYPERLINK "mailto:Lacey.Hardin@tn.gov"  Lacey.Hardin@tn.gov  



Revision Type (check all that apply):

X	Amendment

	New

	Repeal



Rule(s) Revised (ALL chapters and rules contained in filing must be
listed here. If needed, copy and paste additional tables to accommodate
multiple chapters. Please enter only ONE Rule Number/Rule Title per row)

Chapter Number	Chapter Title

1200-03-18	Volatile Organic Compounds

Rule Number	Rule Title

1200-03-18-.02	General Provisions and Applicability



(Place substance of rules and other info here. Statutory authority must
be given for each rule change. For information on formatting rules go to
  HYPERLINK "http://state.tn.us/sos/rules/1360/1360.htm" 
http://state.tn.us/sos/rules/1360/1360.htm )

Amendment

Chapter 1200-03-18

Volatile Organic Compounds

Paragraph (8) of Rule 1200-03-18-.02 General Provisions and
Applicability is amended by deleting it in its entirety and substituting
instead the following:

			

(8)	The owner or operator of any facility in Davidson, Rutherford,
Shelby, Sumner, Knox, Blount, Anderson, Williamson, or Wilson County
which has actual emissions from stationary sources of 25 tons or more of
volatile organic compounds (VOC’s) and/or nitrogen oxides during a
calendar year shall report to the Technical Secretary their permitting
authority 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.

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

* If a roll-call vote was necessary, the vote by the Agency on these
rulemaking hearing rules was as follows:

Board Member	Aye	No	Abstain	Absent	Signature (if required)

J. Ronald Bailey

Involved with Institution of Higher Learning on air pollution evaluation
and control	



	X



	Thomas Beehan

Working on Municipal Government	X



	



	John Benitez

Licensed Physician with experience in health effects of air pollutants	



	X

	Elaine Boyd

Commissioner's Designee, Dept. of Environment and Conservation	X







Karen Cisler

Environmental Interests	X



	



	Wayne T. Davis

Conservation Interests	



	X



	Stephen Gossett

Working for Industry with technical experience	X



	



	Shawn A. Hawkins

Working in field related to Agriculture or Conservation	



	X



	Helen Hennon

Registered Professional Engineer	



	X



	Richard Holland

Working for Industry with technical experience	X



	



	John Roberts

Small Generator of Air Pollution representing Automotive Interests	X



	



	Larry Waters

County Mayor	X







Jimmy West

Commissioner's Designee, Dept. of Economic and Community Development	X







Alicia Wilson

Working in management in Private Manufacturing	X



	



	

I certify that this is an accurate and complete copy of rulemaking
hearing rules, lawfully promulgated and adopted by the Air Pollution
Control Board on 05/14/2014, and is in compliance with the provisions of
T.C.A. § 4-5-222.

I further certify the following: 

Notice of Rulemaking Hearing filed with the Department of State on:
02/28/14

Rulemaking Hearing(s) Conducted on: (add more dates).	04/22/14



Date:	May 16, 2014

Signature:

	Name of Officer:	Barry R. Stephens

Title of Officer: 	Technical Secretary



Subscribed and sworn to before me on:

	Notary Public Signature:

	My commission expires on:

	

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

	

______________________________ 

	Robert E. Cooper, Jr.

	Attorney General and Reporter



	______________________________

	Date



Department of State Use Only

Filed with the Department of State on:

	Effective on: 

	

______________________________

Tre Hargett

Secretary of StatePublic Hearing Comments

One copy of a document containing responses to comments made at the
public hearing must accompany the filing pursuant to T.C.A. §
4-5-222.  Agencies shall include only their responses to public hearing
comments, which can be summarized.  No letters of inquiry from parties
questioning the rule will be accepted. When no comments are received at
the public hearing, the agency need only draft a memorandum stating such
and include it with the Rulemaking Hearing Rule filing. Minutes of the
meeting will not be accepted. Transcripts are not acceptable.

Comment:	A commenter pointed out that the first sentence of the proposed
new paragraph (8) of Rule 1200-03-18-.02 should be amended as follows to
comply with the federal Clean Air Act 42 U.S. CODE § 7511A – PLAN
SUBMISSIONS AND REQUIREMENTS:

“The owner or operator of any facility in Davidson, Rutherford,
Shelby, Sumner, Knox, Blount, Anderson, Williamson, or Wilson County
which has actual emissions from stationary sources of 25 tons or more of
volatile organic compounds (VOC’s) and/or nitrogen oxides during a
calendar year shall report to their permitting authority information and
data concerning these emissions.”

Response:	The Board agrees and the sentence has been revised as
suggested.

Regulatory Flexibility Addendum

Pursuant to T.C.A. §§ 4-5-401 through 4-5-404, prior to initiating the
rule making process as described in T.C.A. 

§ 4-5-202(a)(3) and T.C.A. § 4-5-202(a), all agencies shall conduct a
review of whether a proposed rule or rule affects small businesses.

This rulemaking amendment to Paragraph (8) of Rule 1200-03-18-.02
General Provisions and Applicability is exempt from the provisions of
the Regulatory Flexibility Act of 2007, Acts 2007, § 6 of Public
Chapter 464 because it is federally mandated.  The rule subject to this
amendment is part of the requirements of 42 U.S.C. § 7511a of the
Federal Clean Air Act, which is the source of the requirement for
Tennessee to “require that the owner or operator of each stationary
source of oxides of nitrogen or volatile organic compounds provide the
State with a statement, in such form as the Administrator may prescribe
(or accept an equivalent alternative developed by the State), for
classes or categories of sources, showing the actual emissions of oxides
of nitrogen and volatile organic compounds from that source.”

Impact on Local Governments

Pursuant to T.C.A. §§ 4-5-220 and 4-5-228 “any rule proposed to be
promulgated shall state in a simple declarative sentence, without
additional comments on the merits of the policy of the rules or
regulation, whether the rule or regulation may have a projected impact
on local governments.”  (See Public Chapter Number 1070
(http://state.tn.us/sos/acts/106/pub/pc1070.pdf) of the 2010 Session of
the General Assembly) 

The Department anticipates that this amended rule will have a financial
impact on local governments.  

Additional Information Required by Joint Government Operations
Committee

All agencies, upon filing a rule, must also submit the following
pursuant to T.C.A. § 4-5-226(i)(1).

A brief summary of the rule and a description of all relevant changes in
previous regulations effectuated by such rule;

Paragraph (8) of Rule 1200-03-18-.02 is being revised to include the
2008 Ozone Knoxville Non-Attainment Area (the “Area”).  The Area is
comprised of Knox, Blount, and Anderson Counties.  The Area is currently
designated as a non-attainment area but the counties were inadvertently
omitted from the language of the rule.  The amendment also relocates the
phrase “nitrogen oxides” for clarification in response to the public
hearing comment.  The Air Pollution Control Division intends to submit a
redesignation request for the Area to be designated as attainment;
however, before redesignation can occur the language of the rule must
reflect the federal requirement that all sources located in a county
designated non-attainment are required to report emissions of nitrogen
oxides and/or volatile organic compounds greater than 25 tons per year.
In addition, the rule is being revised to allow affected sources in
counties that operate their own air pollution control program (local
program) to send these reports to their permitting authority rather than
the Technical Secretary of the Tennessee Air Pollution Control Board.
This change will allow the local program to receive this data from their
sources.



A citation to and brief description of any federal law or regulation or
any state law or regulation mandating promulgation of such rule or
establishing guidelines relevant thereto;

This amendment is being promulgated under the authority of T.C.A. §
68-201-101 et seq., and is consistent with 42 U.S.C. § 7511a of the
Federal Clean Air Act. 



Identification of persons, organizations, corporations or governmental
entities most directly affected by this rule, and whether those persons,
organizations, corporations or governmental entities urge adoption or
rejection of this rule;

All sources of air pollution that emit volatile organic compounds and/or
nitrogen oxides in amounts of 25 tons per year or more that are located
in a county designated or previously designated non-attainment for ozone
and operating a local program are affected by this rule. No comments
were received from any affected sources.



Identification of any opinions of the attorney general and reporter or
any judicial ruling that directly relates to the rule;

The Tennessee Air Pollution Control Board is not aware of any.



An estimate of the probable increase or decrease in state and local
government revenues and expenditures, if any, resulting from the
promulgation of this rule, and assumptions and reasoning upon which the
estimate is based. An agency shall not state that the fiscal impact is
minimal if the fiscal impact is more than two percent (2%) of the
agency's annual budget or five hundred thousand dollars ($500,000),
whichever is less;		

There will be no significant impact in state and local government
revenues and expenditures resulting from the promulgation of these
amendments.



Identification of the appropriate agency representative or
representatives, possessing substantial knowledge and understanding of
the rule;		

Lacey J. Hardin

Division of Air Pollution Control

William R. Snodgrass Tennessee Tower

312 Rosa L. Parks Avenue, 15th Floor

Nashville, Tennessee 37243



Identification of the appropriate agency representative or
representatives who will explain the rule at a scheduled meeting of the
committees;		

Emily Urban

Assistant General Counsel 

Office of General Counsel



Office address, telephone number, and email address of the agency
representative or representatives who will explain the rule at a
scheduled meeting of the committees; and		

Office of General Counsel

Tennessee Department of Environment and Conservation

William R. Snodgrass Tennessee Tower

312 Rosa L. Parks Avenue, 2nd Floor

Nashville, Tennessee 37243

(615) 532-8685	

  HYPERLINK "mailto:Emily.Urban@tn.gov"  Emily.Urban@tn.gov  	 



Any additional information relevant to the rule proposed for
continuation that the committee requests.		

The Tennessee Air Pollution Control Board is not aware of any.



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SS-7039 (October 2011)		RDA 1693

