Rulemaking Hearing Rules

of

Tennessee Department of Environment and Conservation 

Bureau of Environment

Division of Air Pollution Control

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. §§4-5-202 et seq. and 68-201-105. Administrative
History: Original rule certified June 4, 1974. Amendment filed and
effective February 9, 1977. Amendment filed and effective April 12,
1978. Amendment filed and effective June 16, 1978. Amendment filed and
effective March 21, 1979. Amendment filed and effective June 21, 1979.
Amendment filed and effective November 16, 1979. Emergency rule
effective June 3,1981 through October 1,1981. Revised effective July 31,
1981. Amendment filed and effective October 2, 1981. Amendment filed and
effective January 22, 1982. Amendment filed and effective March 2, 1983.
Amendment filed and effective August 22, 1983. Amendment filed and
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. Amendment filed December 30, 1999; effective
March 14, 2000. Repeal and new rule filed December 1, 2005; effective
February 14, 2006.

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

Signature of the agency officer or officers directly responsible for
proposing and drafting this rule:

							

							____________________________									Barry R. Stephens

Director

							Tennessee Division of Air Pollution Control

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

_______________________		_____		_____		_____

Ngee-Sing Chong

_______________________		_____		_____		_____

Mary English

_______________________		_____		_____		_____

Sharon Goldsworthy

_______________________		_____		_____		_____

Stephen Gossett

________________________		_____		_____		_____

Helen Hennon

________________________		_____		_____		_____

Richard Holland

________________________		_____		_____		_____

Robert D. Kirkpatrick

________________________		_____		_____		_____

Ron Page

________________________		_____		_____		_____

Greer Tidwell, Jr.

________________________		_____		_____		_____

Larry Waters

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   ______________, 2006.
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 31st day of January, 2006, and such notice of rulemaking
hearing having been published in February 15, 2006, issue of the
Tennessee Administrative Register, and such rulemaking hearing having
been conducted pursuant thereto on the 21st day of March 2006.	

					        														__________________________________

							Barry R. Stephens

							Technical Secretary

							Tennessee Air Pollution Control Board

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

							__________________________________

							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:	__________________________________

D:/rm/\9-01c7.doc

Page   PAGE  7  of   NUMPAGES  \* MERGEFORMAT  7  pages

