Notice of Rulemaking Hearing

Tennessee Department of Environment and Conservation

Division of Air Pollution Control

There will be a public hearing before the Technical Secretary of the
Tennessee Air Pollution Control Board to consider the promulgation of
amendments to the Tennessee Air Pollution Control Regulations and the
State Implementation Plan pursuant to Tennessee Code Annotated, Section
68-201-105.  The comments received at these hearings will be presented
to the Tennessee Air Pollution Control Board for their consideration in
regards to the proposed regulatory amendment.  The hearing will be
conducted in the manner prescribed by the Uniform Administrative
Procedures Act, Tennessee Code Annotated, Section 4-5-201 et. seq. and
will take place in the 17th Floor Conference Room A of the L & C Tower ,
located at 401 Church Street, , Nashville, Tennessee 37243-1531, at 1:00
p.m. CST on Monday, March 20, 2006.  Anyone desiring to make oral
comments at this public hearing is requested to prepare a written copy
of their comments to be submitted to the hearing officer at the public
hearing.

Written comments not submitted at the public hearing will be included in
the hearing record only if received by the close of business on Monday,
March 20, 2006, at the following address: Technical Secretary, Tennessee
Air Pollution Control Board, 9th Floor, L & C Annex, 401 Church Street,
Nashville, TN  37243-1531.

Any individuals with disabilities who wish to participate in these
proceedings or to review these filings should contact the Tennessee
Department of Environment and Conservation to discuss any auxiliary aids
or services needed to facilitate such participation. Such initial
contact may be in person, by writing, telephone, or other means, and
should be made no less than ten (10) days prior to March 20, 2006, or
the date such party intends to review such filings, to allow time to
provide such aid or service. Contact Mr. John Rae White, Tennessee
Department of Environment and Conservation ADA Coordinator, 12th Floor,
401 Church Street, Nashville TN 37243, (615) 532-0207. Hearing impaired
callers may use the Tennessee Relay Service (1-800-848-0298). 

If you have any questions about the origination of this rule change, you
may contact Lacey Hardin at 615-532-0545.  Copies of documents
concerning this matter are available for review at the office of the
technical secretary and at certain public depositories. For information
about reviewing these documents, please contact Ms. Lacey Hardin or Mr.
Malcolm Butler, 9th Floor, L & C Annex, 401 Church Street, Nashville, TN
 37243-1531, telephone (615) 532-0554.  For complete copies of the text
of the notice, please contact Lida Galbreath, Department of Environment
and Conservation, 9th Floor, L & C Tower, 401 Church Street, Nashville,
TN 37243.

Summary of Proposed Changes

Chapter 1200-3-9

Construction and Operating Permits

Amendments

Rule 1200-3-9-.01 CONSTRUCTION PERMITS of the Tennessee Air Pollution
Control Regulations is proposed to be amended by modifying the
definition of “baseline actual emissions” to allow the use of
different consecutive twenty-four (24) month periods for different
pollutants when determining the baseline actual emissions if certain
requirements are met.  The federal New Source Review regulations allow
this to be done; Tennessee had elected to restrict the definition so
that a single consecutive twenty-four (24) month period was required,
but information was presented.

Substance of Proposed Rules

Chapter 1200-3-9

Construction and Operating Permits

Amendments

Chapter 1200-3-9 Construction and Operating Permits is amended in the
following four (4) respects:  

1.	Item (III) of subpart (i) of part 45. of subparagraph (b) of
paragraph (4) of rule 1200-3-9-.01 CONSTRUCTION PERMITS  is amended by
substituting for the present item a different item so that, as amended,
the resulting item shall read:

For a regulated NSR pollutant, when a project involves multiple
emissions units, one consecutive 24-month period must be used to
determine the baseline actual emissions for the emissions units being
changed.  However, the Technical Secretary is authorized to allow the
use of multiple, pollutant specific 24-month baselines in determining
the magnitude of a significant net emissions increase and the
applicability of major new source review requirements if all of the
following conditions are met:

I.	Construction of a new source or modification would become subject to
major new source review if a single 2-year baseline is used for all
pollutants.

II.	One or more pollutants were emitted during such 2-year period in
amounts that were less than otherwise permitted for reasons other than
operations at a lower production or utilization rate.  Qualifying
examples include, but are not limited to, the voluntary use of:

A.	a cleaner fuel than otherwise permitted in a fuel burning operation
(e.g., natural gas instead of coal in a multi-fuel boiler),

B.	a coating with a lower VOC content than otherwise permitted in a
coating operation, 

C.	a voluntary improvement in the control efficiency of an air pollution
control device or the voluntary addition of a control device where one
did not exist before, and

D.	alternate production methods, raw materials, or products that result
in lower emissions of one or more pollutants.

III.	Use of alternate 2-year baselines for the pollutants described in
2. above would result in the construction of the new source or
modification not being subject to major new source review. 

IV.	The use of the multiple baselines is not prohibited by any
applicable provision of the USEPA’s new source review regulations.

The burden for demonstrating that these conditions are met is upon the
permit applicant.  The demonstration and the Technical Secretary’s
approval will be made a part of the permit record.

2.	Item (IV) of subpart (ii) of part 45. of subparagraph ((b) of
paragraph (4) of rule 1200-3-9-.01 CONSTRUCTION PERMITS  is amended by
substituting for the present item a different item so that, as amended,
the resulting item shall read:

For a regulated NSR pollutant, when a project involves multiple
emissions units, one consecutive 24-month period must be used to
determine the baseline actual emissions for the emissions units being
changed.  However, the Technical Secretary is authorized to allow the
use of multiple, pollutant specific 24-month baselines in determining
the magnitude of a significant net emissions increase and the
applicability of major new source review requirements if all of the
following conditions are met:

I.	Construction of a new source or modification would become subject to
major new source review if a single 2-year baseline is used for all
pollutants.

II.	One or more pollutants were emitted during such 2-year period in
amounts that were less than otherwise permitted for reasons other than
operations at a lower production or utilization rate.  Qualifying
examples include, but are not limited to, the voluntary use of:

A.	a cleaner fuel than otherwise permitted in a fuel burning operation
(e.g., natural gas instead of coal in a multi-fuel boiler),

B.	a coating with a lower VOC content than otherwise permitted in a
coating operation, 

C.	a voluntary improvement in the control efficiency of an air pollution
control device or the voluntary addition of a control device where one
did not exist before, and

D.	alternate production methods, raw materials, or products that result
in lower emissions of one or more pollutants.

III.	Use of alternate 2-year baselines for the pollutants described in
2. above would result in the construction of the new source or
modification not being subject to major new source review. 

IV.	The use of the multiple baselines is not prohibited by any
applicable provision of the USEPA’s new source review regulations.

The burden for demonstrating that these conditions are met is upon the
permit applicant.  The demonstration and the Technical Secretary’s
approval will be made a part of the permit record.

3.	Subitem III. of item (I) of subpart (xlvii) of part 1. of
subparagraph (b) of paragraph (5) of rule  1200-3-9-.01 CONSTRUCTION
PERMITS  is amended by substituting for the present subitem a different
subitem so that, as amended, the resulting subitem shall read:

III.	For a regulated NSR pollutant, when a project involves multiple
emissions units, one consecutive 24-month period must be used to
determine the baseline actual emissions for the emissions units being
changed.  However, the Technical Secretary is authorized to allow the
use of multiple, pollutant specific 24-month baselines in determining
the magnitude of a significant net emissions increase and the
applicability of major new source review requirements if all of the
following conditions are met:

A.	Construction of a new source or modification would become subject to
major new source review if a single 2-year baseline is used for all
pollutants.

B.	One or more pollutants were emitted during such 2-year period in
amounts that were less than otherwise permitted for reasons other than
operations at a lower production or utilization rate.  Qualifying
examples include, but are not limited to, the voluntary use of:

(A)	a cleaner fuel than otherwise permitted in a fuel burning operation
(e.g., natural gas instead of coal in a multi-fuel boiler),

(B)	a coating with a lower VOC content than otherwise permitted in a
coating operation, 

(C)	a voluntary improvement in the control efficiency of an air
pollution control device or the voluntary addition of a control device
where one did not exist before, and

(D)	alternate production methods, raw materials, or products that result
in lower emissions of one or more pollutants.

C.	Use of alternate 2-year baselines for the pollutants described in 2.
above would result in the construction of the new source or modification
not being subject to major new source review. 

D.	The use of the multiple baselines is not prohibited by any applicable
provision of the USEPA’s new source review regulations.

The burden for demonstrating that these conditions are met is upon the
permit applicant.  The demonstration and the Technical Secretary’s
approval will be made a part of the permit record.

4.	Subitem IV. of item  (II) of subpart (xlvii) of part 1. of
subparagraph (b) of paragraph (5) of rule  1200-3-9-.01 CONSTRUCTION
PERMITS  is amended by substituting for the present subitem a different
subitem so that, as amended, the resulting subitem shall read:

IV.	For a regulated NSR pollutant, when a project involves multiple
emissions units, one consecutive 24-month period must be used to
determine the baseline actual emissions for the emissions units being
changed.  However, the Technical Secretary is authorized to allow the
use of multiple, pollutant specific 24-month baselines in determining
the magnitude of a significant net emissions increase and the
applicability of major new source review requirements if all of the
following conditions are met:

A.	Construction of a new source or modification would become subject to
major new source review if a single 2-year baseline is used for all
pollutants.

B.	One or more pollutants were emitted during such 2-year period in
amounts that were less than otherwise permitted for reasons other than
operations at a lower production or utilization rate.  Qualifying
examples include, but are not limited to, the voluntary use of:

(A)	a cleaner fuel than otherwise permitted in a fuel burning operation
(e.g., natural gas instead of coal in a multi-fuel boiler),

(B)	a coating with a lower VOC content than otherwise permitted in a
coating operation, 

(C)	a voluntary improvement in the control efficiency of an air
pollution control device or the voluntary addition of a control device
where one did not exist before, and

(D)	alternate production methods, raw materials, or products that result
in lower emissions of one or more pollutants.

C.	Use of alternate 2-year baselines for the pollutants described in 2.
above would result in the construction of the new source or modification
not being subject to major new source review. 

D.	The use of the multiple baselines is not prohibited by any applicable
provision of the USEPA’s new source review regulations.

The burden for demonstrating that these conditions are met is upon the
permit applicant.  The demonstration and the Technical Secretary’s
approval will be made a part of the permit record.

Authority:  T.C.A. ((68-201-105 and 4-5-202 et. seq.  Administrative
History:  Original rule certified June 4, 1974.  Amended effective
February 9, 1977.  Amended April 12, 1978.  Amended June 16, 1978. 
Amended March 21, 1979.  Amended June 21, 1979.  Amended November 16,
1979.  Emergency rule effective June 3, 1981 through October 1, 1981. 
Revised effective July 31, 1981.  Amended effective October 2, 1981. 
Amended effective January 22, 1982.  Amended effective March 2, 1983. 
Amended effective August 22, 1983.  Amended effective November 6, 1988. 
Amendment filed April 19, 1990; effective June 2, 1990.  Amendment filed
May 17, 1990; effective July 1, 1990.  Amendment filed May 12, 1993;
effective June 26, 1993.  Amendment filed September 7, 1993; effective
November 21, 1993.  Amendment filed April 18, 1994; effective July 2,
1994.  Amendment filed June 2, 1994; effective August 15, 1994. 
Amendment filed March 29, 1995; effective June 14, 1995.  Amendment
filed June 3, 1996; effective August 14, 1996.  Amendment filed June 7,
1996, effective August 18, 1996.  Amendment filed October 14, 1996;
effective December 28, 1996.  Amendment filed November 12, 1998;
effective January 26, 1999.  Amendment filed June 8, 1999; effective
August 22, 1999.

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:					

															Mr. Malcolm H. Butler

															Division of Air Pollution Control

															9th Floor L & C Annex

															401 Church Street

															Nashville, TN 37243-1531

																(615)532-0600

I certify that this is an accurate and complete representation of the
intent and scope of rulemaking proposed by the Tennessee Division of Air
Pollution Control.

				

														___________________________________

														Barry R. Stephens

Director

														Tennessee Division of Air Pollution Control

Subscribed and sworn to before me this the  _____ day of                
                          , 2006.

														___________________________________

														Notary Public	

My commission expires on the  _____ day of   _______________________,
__________.

This notice of rulemaking set out herein was properly filed in the
Department of State on the  _____ day of _______________, 2006.

														___________________________________

														Riley C. Darnell

														Secretary of State

												By:	___________________________________		

		

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