(30 aQQ to whom these CFltesents shaQQ come, (jheeting: 

Amendments to Department of Environment and 

Conservation Rules 1200-03-09-.O1 and 1200-03-09-.02, 

jiled August 29,2011, effective November 2 7,2011. 

the ohigikad 06 wkick & ROW OR bile asld a maffeh 01 hecohd ik this 011ice. 

OR gestimoy Weheoh, 9 Lave heheunto subschibed my o&icial sig~atuhe and by 

ohdm 01 the (joumoh &ed the gheat Seal 06 gemwee at the Qpmtvne~t in 

the City 01 Jashuille, this 11" day 01 Janum~, 2012 
: 

I Department of State For Department of State Use Only I 

Division of Publications i 

1 312 Rosa L. Parks Avenue, 8th Flwr SnodgrassrlN Tower Sequence Number: 

1 Nashville. TN 37243 1 Phone: 615-741-2650 Rule ID(s): 

I 

i 

i Fax 615-741-5133 File Date: i / Email: reaister.infomation@In.wv I 

I Effective Date: .... . . . . . . I 

Rulemaking Hearing Rule(s) Filing Form 

Rulenraking Heariilg Rules are rules filedallerand as a resull of a rulemaking heaimg. TCA Secllon 4-5.205 

7---~ ......... . . .. ~ .. 

l~gencyi~oara/~ommission: .............. ...... / Environmeni and ~ Consenmiion ~ . . ......_ . . ..; 

i .............. @vision:. jAirM!u!/on Contro!~ . -. .......... . ............ I 

I 1 Contact Person: , Lacey J. Hardin ,.~ .......-.-.....- -. - ..... .. . ..... - ... I 

~dbress: !grn lo or L~& CAnnex ! 

I I 401 Church Street .I I .................. . - 

Nashville, Tennessee 37243-1531 ....... .............. .... ......... i 

i ....... ... phone:.. .(6!51.53?-0!45 ......... .................... ......... .- .. i 

i .. Email: I ................. Lacev.Hardin@aovh,~ .- - .- . ' , 1 

Revlsion 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 NumberIRule Title per row) 

.............. - -. .- .... .. ..-..... . . -- chapter- Chapter Title .. -. - .. - - 

-. . . 

. .- - 

- 

SS-7039 (July 2010) RDA 1 693 
(Place substance of rules and other info here. Statulory authority must be given for each rule change. For 

information on formatting rules go to htt~:llstate.tn.uslsoshulesll360/1360.htm) 

Chapter 1200-03-09 

Construction and Operating Permits 

Amendments 

Subpart (i) of part 46 of subparagraph (b) of paragraph (4) of rule 1200-03-09-.O1 Construction Permits is 

amended by adding two new items (I) and (11) as follows: 

(I) in the event that the US. Court of Appeals for the D.C. Circuit or the US. 

Supreme Court issues an order which would render GHG emissions not 

subject to regulation under the Prevention of Significant Deterioration, 

New Source Review provisions andlor the Title V operating permit 

program of the Federal Act, then GHGs shall not be subject to regulation, 

nor shail GHG emissions be required to be included in any construction 

or operating permit under this regulation 1200-03, as of the effective date 

of the Federal Register notlce of vacatur. 

(If) In the event that there is a change to Federal law that supersedes 

regulation of GHGs under the Prevention of Significant Deterioration, 

New Source Review provisions and/or the Title V operating permit 

program of the Federal Act, then GHGs shail not be subject to regulation, 

nor shall GHG emissions be required to be induded in any construction 

or operating permit under this regulation 1200-03, as of the effective date 

of fhe change in Federal law. 

Part 32 of subparagraph (b) of paragraph (1 1) of rule 1200-03-09-.02 Operating Permits is amended by adding 

two new subparts (iii) and (iv) as follows: 

(iii) In the event that the U.S. Courl of Appeals for the D.C. Circuit or the U.S. 

Supreme Court issues an order which would render GHG emissions not subject 

to regulation under the Prevention of Significant Deterioration. New Source 

Review provisions andlor the Title V operating permit program of the Federal Act, 

then GHGs shall not be subject to regulation, nor shall GHG emissions be 

required to be Included in any construction or operating permit under this 

regulation 1200-03, as of the effective date of the Federal Register notice of 

vacatur. 

(iv) In the event that there is a change to Federal law that supersedes regulation of 

GHGs under the Prevention of Significant Deterioration. New Source Review 

provisions andlor the Title V operating permit program of the Federal Act, then 

GHGs shall not be subject to regulation, nor shalt GHG emissions be required to 

be included in any construction or operating permit under this regulation 1200-03, 

as of the effective date of the change in Federal law. 

Authority: T.C.A. 5968-201-101 et seq. and 4-5201 et seq. 

SS-7039 (July 2010) RDA I693 
* If a roll-call vote was necessary, the vote by the Agency on these rulemaking hearing rules was as follows: 

( Michael Atchison 

Dr. J. Ronald 

Bailey 

I Elaine Boyd 

Er. Brian 

Christman 

Dr. Wayne T. 

Davis 

1 DL Mary ~hglish 

Gossett 

Honorable Mayor 

Hawkins 

1 Helen S. Hennon 

Richard M. I Holland 

John R. Roberts, 

Honorable Mayor 

Larry Waters 

( Alicia M. Wilson 

Aye No Abstain Absent Signature (if required) 

J 

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 07/13/2011, and is in compliance with the provisions of TCA4-5-222. - 

- - 

55-7039 (July 2010) 3 RDA 1693 
I further certify the following: 

Notice of Rulemaking Hearing filed with the Department of State on: 0211 111 1 

Rulemaking Hearing(s) Conducted on: (add more dates). 04/04/11 

Date: 

Signature: 

Name of Officer: 

Title of Officer: Director. Dlvision of Air Pollution Control 

Subscribed and sworn to before me on: /3/ zo// 

Notary Public Signature: 

~y commission expires on. 6. ?0/3 

All rulemaking hearing rules provided for herein have been examined by the Attorney General and Reporter ofthe 

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. 

Attorney General and Reporter gZ-tq-r/ 

Date 

Department of State Use Only , 

Filed with the Department of State on: 

Effective on: .Pi

Tre Hargett 

Secretary of State 

RM 09-.01 &OZd.dOC 

SS-7039 (July 201 0) RDA 16% 
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. 54-5-222. Agencies shall include only their responses to public hearing comments, which 

can be summarized. No letters of insuirv from parties questioning the rule will be accepted. When no comments 

are received at the public hearing, the agency need on& 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. 

There were no comments received at the public hearing or during the comment period 

RDA 1693 
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. 5 4-5-202(a), all agencies shall conduct a review of whether a proposed rule or rule 

affects small businesses. 

The type or types of small business and an identification and estimate of the number of small businesses 

subject to the proposed ~le that would bear the cost of, or directly benefit from the proposed rule: 

No impact. 

The projected reporting, recordkeeping, and other administrative costs required for compliance with the 

proposed rule, including the type of professional skills necessary for preparation of the report or record: 

No impact. 

A statement of the probable effect on impacted small businesses and consumers: 

No impact. 

A description of any less burdensome, less intrusive or less costly alternative methods of achieving the 

purpose and objectives of the proposed rule that may exist, and to what extent the alternative means 

might be less burdensome to small business: 

Not applicable. 

A comparison of the proposed rule with any federal or state counterparts: 

The federal regulations do not include the provisions in the proposed rule because it is not necessary. 

However, as a state, any vacatur or stay of federal rules at the federal level will not have an impact on 

Tennessee rules without these proposed provisions. Without these proposed revisions, if a vacatur or 

stay of the federal rules occur Tennessee could be stricter than the federal requirements and stricter than 

some other states. 

Analysis of the effect of the possible exemption of small businesses from all or any part of the 

requirements contained in the proposed rule. 

Not applicable. 

RDA 1 693 
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/actsI106Ipub/pclO7O.pdf) of the 2010 Session of the General Assembly) 

The Department anticipates that these amended ~lleS will have a positive financial impact on local governments. 

SS-7039 (July 2010) RDA 1693 
Additional Infortnation Required by Joint Government Operations Committee 

All agencies, upon filing a rule. must also submit the following pursuant to TCA 4-5-226(i)(l). 

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

such rule; 

These proposed revisions revise the requirements for major New Source Review and for major source operating 

permits in order to provlde a method by which the Chapter 1200-03-09 provisions adopted in accordance with 

the federal Greenhouse Gas Tailoring Rule and which were effective February 8, 2011, will no longer apply in 

the event that the U.S. Court of Appeals for the D.C. Circuit or the U.S. Supreme Court issues an order which 

would render GHG emissions not subject to regulation under the Prevention of Significant Deterioration, New 

Source Review provisions or the Title V operating permit program of the Federal Act; or there is a change to 

Federal law that supersedes regulation of GHGs under the Prevention of Significant Deterioration, New Source 

Review provisions or the Title V operating permit program of the Federal Act, then GHGs shall not be subject to 

regulation, nor shall GHG emissions be required to be included in any construction or operating permit under 

this regulation 1200-03, as of the effective date of the change in Federal law. 

(B) 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; 

40 CFR 51 contains the requirements for states that operate their own air pollution control programs. 

Specifically, 40 CFR 51.166 and 40 CFR 70 contain the requirements for Title V permits and Prevention of 

Significant Deterioration permits for major sources of air pollution. In establishing the initial greenhouse gas 

permitting requirements, Tennessee met the above requirement. These proposed revisions, while not mandated 

by EPA, will provide a level playing field for Tennessee Industries with the surrounding states. We are required 

to revise our State Implementation Plan (SIP) revisions to EPA, and once the SIP provisions are approved 

cannot make the SIP less stringent without a lengthy process. By including these provisions in our initial 

submittal, this process will not have to be followed. 

(C) 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; 

Tennessee's industrial community will be most directly affected by these proposed rule revisions, and the 

revisions were proposed at the request of some members of the industrial community. 

(D) ldentification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to 

the rule; 

I The Department is not aware of any. 

(E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, 

if anv, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate 

is based. An agency shail 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; 

I Cannot be determined at this time. 1 

(F) ldentification of the appropriate agency representative or representatives, possessing substantial knowledge 

and understanding of the rule; 

Lacey J. Hardin 

Division of Air Pollution Control 

9th Floor, L & C Annex 

401 Church Street 

Nashville, Tennessee 37243-1531 

SS-7039 (July 201 0) 8 RDA 1 693 
(G) Identification of the appropriate agency representative or representatives who will explain the rule at a 

scheduled meeting of the committees; 

Alan M. Leiserson 

Legal Services Director 

Department of Environment and conservation 

(H) 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 

De artment of Environment and conservation P 20' Floor L & C Tower 

Nashville, Tennessee 37243-1 548 

(615) 532-01 31 

Alan.Leiserson@tn.aov 

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

1 The Department is not aware of any. 

35-7039 (July 2010) RDA 1693 
SS-7037 (July 2009) 1

Department of State

Division of Publications

312 Rosa L. Parks, 8th Floor Snodgrass 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:

Notice ID(s):

File Date:

Notice of Rulemaking Hearing

Hearings will be conducted in the manner prescribed by the Uniform Administrative Procedures Act, Tennessee Code Annotated, 

Section 4-5-204. For questions and copies of the notice, contact the person listed below.

Agency/Board/Commission: Environment and Conservation

Division: Air Pollution Control

Contact Person: Lacey J. Hardin

Address:

9

th Floor L & C Annex

401 Church Street

Nashville, Tennessee 37243-1531

Phone: (615) 532-0545

Email: Lacey.Hardin@gov.tn

Any Individuals with disabilities who wish to participate in these proceedings (to review these filings) and may 

require aid to facilitate such participation should contact the following at least 10 days prior to the hearing:

ADA Contact: ADA Coordinator

Address:

TDEC ADA Coordinator

12th Floor

401 Church Street

Nashville, Tennessee 37243

Phone: (615) 532-0207 or for hearing impaired, TN Relay Service 1-800-848-0298

Email: Beverly.Evans@tn.gov

Hearing Location(s) (for additional locations, copy and paste table)

Address 1: 9

th Floor L & C Annex

Address 2: 401 Church Street

City: Nashville, Tennessee

Zip: 37243-1531

Hearing Date : 04/04/11

Hearing Time: 9:30 AM X CST ___EST

Additional Hearing Information:

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 

this hearing will be presented to the Tennessee Air Pollution Control Board for their consideration in regards to 

the proposed regulatory amendments. The hearing will be conducted in the manner prescribed by the Uniform 

Administrative Procedures Act, T.C.A. § 4-5-201 et seq. 

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, April 4, 

2011, at the office of the Technical Secretary, Tennessee Air Pollution Control Board, 9th Floor, L & C Annex, 401 

Church Street, Nashville, TN 37243-1531.
SS-7037 (July 2009) 2

The Tennessee Air Pollution Control Regulations are proposed to be amended by revising the requirements for 

major New Source Review and revising the requirements for major source operating permits in order to provide a 

method by which the chapter 1200-03-09 provisions adopted in accordance with the federal Greenhouse Gas 

Tailoring Rule and which were effective February 8, 2011, will no longer apply in the event that the U.S. Court of 

Appeals for the D.C. Circuit or the U.S. Supreme Court issues an order which would render GHG emissions not 

subject to regulation under the Prevention of Significant Deterioration, New Source Review provisions or the Title 

V operating permit program of the Federal Act; or there is a change to Federal law that supersedes regulation of 

GHGs under the Prevention of Significant Deterioration, New Source Review provisions or the Title V operating 

permit program of the Federal Act, then GHGs shall not be subject to regulation, nor shall GHG emissions be 

required to be included in any construction or operating permit under this regulation 1200-03, as of the effective 

date of the change in Federal law. If you have any questions about the origination of this rule change, you may 

contact Ms. Lacey Hardin at (615) 532-0545.

Revisions considered at this hearing may be adopted by the Tennessee Air Pollution Control Board under T.C.A. 68-

201-105, the Board general authority to promulgate rules. The changes proposed below may be revised based on 

comments received from the public, the regulated community, and any other affected entities. The Tennessee Air 

Pollution Control Board will consider all comments and set the fee appropriately.

Materials concerning the proposed actions will be available at http://tn.gov/environment/apc/ppo/ and also for public 

inspection during normal working hours starting on Tuesday, March 1, 2011, at the following locations:

Air Pollution Control Division Pollution Control Division Air Pollution Control Division

9th Floor, L & C Annex Metropolitan Health Dept. Cookeville EFO

401 Church Street 311 23rd Avenue, North 1221 South Willow Avenue

Nashville, TN 37243-1531 Nashville, TN 37203 Cookeville, TN 38506

Air Pollution Control Division Air Pollution Control Division Air Pollution Control Division

Knoxville EFO Johnson City EFO Jackson EFO

3711 Middlebrook Pk., Suite 220 2305 Silverdale Road 1625 Hollywood Drive

Knoxville, TN 37921 Johnson City, TN 37601-2162 Jackson, TN 38305

Air Pollution Control Division Knox County Department of Division of Air Pollution Control

Columbia EFO Air Quality Management Memphis Environmental Field Office

1421 Hampshire Pike 140 Dameron Avenue, Suite 242 8383 Wolf Lake Drive

Columbia, TN 38401 Knoxville, TN 37917 Bartlett, TN 38133-4119

Air Pollution Control Division Air Pollution Control Division Kingsport Public Library

Chattanooga EFO Nashville EFO 400 Broad Street

540 McCallie Avenue, Suite 550 711 R. S. Gass Boulevard Kingsport, TN 37660

Chattanooga, TN 37402 Nashville, TN 37243

Chattanooga-Hamilton County U.S. EPA, Region IV

Air Pollution Control Bureau APTMD - 12th Floor, Atlanta Federal Center

6125 Preservation Drive 61 Forsyth Street S.W.

Chattanooga, TN 37416 Atlanta, GA 30303

c/o Mr. Richard Schutt, Chief

All persons interested in the air quality of the State of Tennessee are urged to attend and will be afforded the 

opportunity to present testimony to the hearing officer regarding the proposed additions and/or revisions to the State 

Implementation Plan. 

Revision Type (check all that apply):

X Amendment

New

Repeal
SS-7037 (July 2009) 3

Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional 

tables. Please enter only ONE Rule Number/RuleTitle per row.)

Chapter Number Chapter Title

1200-03-09 Construction and Operating Permits

Rule Number Rule Title

1200-03-09-.01 Construction Permits

1200-03-09-.02 Operating Permits

(Place substance of rules and other info here. Statutory authority must be given for each rule change. For 

information on formatting rules go to http://tn.gov/sos/rules/1360/1360.htm)

Chapter 1200-03-09

Construction and Operating Permits

Amendments in redline form

Subpart (i) of part 46 of subparagraph (b) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is 

amended by adding two new items (I) and (II) as follows:

(I) In the event that the U.S. Court of Appeals for the D.C. Circuit or the U.S. 

Supreme Court issues an order which would render GHG emissions not 

subject to regulation under the Prevention of Significant Deterioration, 

New Source Review provisions and/or the Title V operating permit 

program of the Federal Act, then GHGs shall not be subject to regulation, 

nor shall GHG emissions be required to be included in any construction 

or operating permit under this regulation 1200-3, as of the effective date 

of the Federal Register notice of vacatur.

(II) In the event that there is a change to Federal law that supersedes 

regulation of GHGs under the Prevention of Significant Deterioration, 

New Source Review provisions and/or the Title V operating permit 

program of the Federal Act, then GHGs shall not be subject to regulation, 

nor shall GHG emissions be required to be included in any construction 

or operating permit under this regulation 1200-3, as of the effective date 

of the change in Federal law.

Part 32 of subparagraph (b) of paragraph (11) of rule 1200-03-09-.02 Operating Permits is amended by adding 

two new subparts (iii) and (iv) as follows:

(iii) In the event that the U.S. Court of Appeals for the D.C. Circuit or the U.S. 

Supreme Court issues an order which would render GHG emissions not subject 

to regulation under the Prevention of Significant Deterioration, New Source 

Review provisions and/or the Title V operating permit program of the Federal Act, 

then GHGs shall not be subject to regulation, nor shall GHG emissions be 

required to be included in any construction or operating permit under this 

regulation 1200-3, as of the effective date of the Federal Register notice of 

vacatur.

(iv) In the event that there is a change to Federal law that supersedes regulation of 

GHGs under the Prevention of Significant Deterioration, New Source Review 

provisions and/or the Title V operating permit program of the Federal Act, then 

GHGs shall not be subject to regulation, nor shall GHG emissions be required to 

be included in any construction or operating permit under this regulation 1200-3, 

as of the effective date of the change in Federal law.

Authority: T.C.A. §§68-201-101 et seq. and 4-5-201 et seq.
SS-7037 (July 2009) 4

I certify that the information included in this filing is an accurate and complete representation of the intent and 

scope of rulemaking proposed by the agency.

Date:

Signature:

Name of Officer: Barry R. Stephens, P.E.

Title of Officer: Director, Division of Air Pollution Control

Subscribed and sworn to before me on:

Notary Public Signature:

My commission expires on:

Department of State Use Only

Filed with the Department of State on:

______________________________

Tre Hargett

Secretary of State

09-.01 & .02c1redline.doc