CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.01, continued) 

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.

Amendment filed February 24, 2009; effective May 10, 2009. Amendment filed February 24, 2009;

effective May 10, 2009. Amendments filed February 24, 2009; effective May 10, 2009. 

1200-03-09-.02 OPERATING PERMITS. 

(1) Any person planning to operate an air contaminant source constructed or modified in

accordance with a construction permit issued by the Technical Secretary in rule 1200-03-09-

.01 of this chapter shall apply for and receive an operating permit from the Technical

Secretary after initial start-up of this said air contaminant source. Ninety (90) days shall be

allowed for this, provided paragraph (3) of this rule is complied with. This time period is

extended from ninety (90) to one hundred twenty (120) days if stack sampling has been 

required as a condition on the construction permit, which is further extended to sixty (60)

days after the stack sampling report is required on the construction if a certain time is

specified, provided the stack sampling report is filed with the Division within sixty (60) days of 

initial start-up or the time specified on the construction permit as that paragraph (3) of this

rule is complied with. 

(2) No person shall operate an air contaminant source in Tennessee without first obtaining an 

operating permit from the Technical Secretary except as specifically exempted in rule 1200-

03-09-.04 of this chapter. New sources operating with a valid construction permit may

operate with the construction permit for the time period specified in paragraph (1) above. 

(3) Application for an operating permit shall be made on forms available from the Technical 

Secretary and signed by the applicant. Such application for an operating permit shall be filed

with the Technical Secretary. 

(a) Not less than sixty (60) days prior to the expiration of an existing operating permit. 

(b) 1. Not more than thirty (30) days after initial start-up of an air contaminant source

constructed or modified in accordance with a construction permit issued by the

Technical Secretary.

2. If stack sampling or other test data has been required as a condition on the

construction permit, this time period is extended to the time specified on the

construction permit for submittal of the test report(s). In no case shall this period

exceed the period allowed in the applicable regulation. 

(4) Sources that do not comply with the requirements of Division 1200-03 or any permit issued

thereunder shall have their operating permit applications processed in the following manner:

(a) Sources subject to the requirements of paragraph 1200-03-09-.02(11) shall be subject 

to a compliance schedule in their permit in accordance with the provisions of that 

paragraph. 

(b) Sources that are not subject to the requirements of paragraph 1200-03-09-.02(11) 

shall be issued temporary operating permits containing a schedule of corrective action

for returning to compliance that is acceptable to the Technical Secretary. The schedule

shall require the permittee to file a written report or their progress toward compliance

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with the Technical Secretary no later than 10 days after the passage of each increment

in the schedule. 

(5) Any person in possession of an operating permit shall maintain said operating permit readily

available for inspection by the Technical Secretary or his designated representative on the

operating premises. A person required by these regulations to have one or more operating

permits shall keep at least one operating permit prominently and conspicuously displayed on

the operating premises. 

(6) Operation of each air contaminant source shall be in accordance with the provisions and

stipulations set forth in the operating permit, all provisions of these regulations, and all

provisions of the Tennessee Air Quality Act. However, some excursions, as defined under 

part 1200-03-09-.02(11)(b)31., or as defined in the operating permit, which occur during 

periodic monitoring for compliance assurance at an air contaminant source subject to

paragraph 1200-03-09-.02(11), may be excused by the Technical Secretary, and this

authority is not extended to excursions that demonstrate noncompliance with an applicable

emission limitation. 

(7) The owner or operator of any air contaminant source to which any of the following changes 

are made, but would not be a modification requiring a construction permit, must notify the

Technical Secretary thirty (30) days before the change is commenced. These changes are: 

(a) Change in air pollution control equipment, 

(b) Change in stack height or diameter, 

(c) Change in exit velocity (of more than twenty five percent (25%) or exit temperature of 

more than fifteen percent (15%) (absolute temperature basis). 

(8) Any stack sampling report required on a construction permit is part of the operating permit

application. Any stack sampling report required on an operating permit is a part of the

application for renewal of that operating permit. 

(9) The owner or operator of any air contaminant source subject to an order or variance issued

so as to allow the source by its terms to operate while exceeding an emission standard, shall

pay the cost of publication of any notices (including, but not limited to, a copy of the order) 

required by state or federal law or regulations to effectuate the right of continued operation. 

(10) Those sources possessing a valid permit on the data chapter 1200-03-19 becomes effective 

and subject to a specified compliance schedule in chapter 1200-03-19 must comply with all

the requirements contained in the permit and the requirements of rule 1200-03-09-.02 of this

chapter. All permits shall expire on the date the emission standard specified in chapter 1200-

3-19 becomes effective. If a source possessing a valid operating permit and subject to a

specified compliance schedule contained in chapter 1200-03-19 fails to comply with the 

specified schedule, such permit will be revoked upon notification that the source has not 

complied with the schedule and opportunity for hearing by the Technical Secretary. 

(11) Major Stationary Source Operating Permits 

(a) Statement of Purpose and General Intent

The requirements of paragraph 1200-03-09-.02(11) are promulgated in order to fulfill 

the requirements of Title V of the federal Clean Air Act (42 U.S.C. 7661a - 7661e) and 

the federal regulations promulgated thereunder at 40 C.F.R. Part 70. (FR Vol. 57, No. 

140, Tuesday, July 21, 1992 p.32295-32312). The federal law and regulations require 

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unique approaches pertaining to federal involvement in the permitting activities

specified in this paragraph. The federal government, acting by and through the United

States Environmental Protection Agency (EPA), is a key party in the review, issuance, 

and revisions of permits issued under the provisions of this paragraph. It is the intent 

of the Board to comply with these federal requirements to the full extent allowed under 

the laws of the State of Tennessee. In the event that the federal law or regulations 

should require something that the Board has not yet promulgated as a rule, the permit 

applicant and the Technical Secretary may mutually agree to be governed by whatever 

emission limitations and/or procedural requirements that the federal rules require and

that shall become a binding condition of the applicant’s permit to operate. In addition,

sources that are subject to this paragraph 1200-03-09-.02(11) may opt out of being

subject to the provisions of paragraph 1200-03-09-.02(11) by limiting their potential to 

emit such that they are below the applicability threshold. In order to exercise this

option, the source must agree to be bound by a permit which specifies the more

restrictive limit and to be subject to detailed monitoring, reporting and recordkeeping

requirements that prove the source is abiding by its more restrictive emission and/or 

production limits. The permit shall have a term not to exceed 10 years and shall be

subjected to the opportunity for comment and hearing by EPA, affected states and the 

public consistent with the provisions of this paragraph. The permit shall contain a

statement of basis comparing the source’s potential to emit with the synthetic limit to

emit and the procedures to be followed that will insure that the more restrictive limit is 

not exceeded. If the source later decides to increase its potential to emit, the new 

source review permit procedures of rule 1200-03-09-.01 shall apply.

1. Initial Start-Up of the Major Stationary Source Operating Permit Program 

Consistent with the provisions of subparagraph 1200-03-09-.02(11)(d), all 

operating permits in the possession of sources subject to the requirements of 

paragraph 1200-03-09-.02(11) are subject to permit revocation proceedings if the

source does not file a timely, complete major source operating permit application

within 120 days after the Technical Secretary files his written notification to the 

source that their major stationary source operating permit applications are due,

regardless of the expiration date on the permit. Anything in this paragraph 1200-

03-09-.02(11) to the contrary not withstanding, the current permit(s) in the

possession of the source shall be effective until superseded by the issuance of 

major source operating permits under the provisions of this paragraph 1200-03-

09-.02(11), except that if a complete application or additional information

requested by the Technical Secretary is not timely filed, then (i) the effectiveness 

of the current operating permits shall be suspended until such application or

information is filed, and (ii), the current operating permits shall be subject to

revocation proceedings at the discretion of the Technical Secretary. The 

preceding sentence shall also apply to renewals of major source operating

permits. In addition, any operating permit application that does not seek to

amend an existing operating permit without first undergoing construction permit

review being processed by the Technical Secretary for such a source will be 

canceled upon such notification and the source shall abide by the terms of their 

most recent permit until it is superseded by the major source operating permit. 

2. Once an operating permit has been issued to a source pursuant to the provisions

of paragraph 1200-03-09-.02(11), the permit, its shield, (if one was granted) and

its respective conditions will be extended and effective after its expiration date

provided that the source has submitted a timely, complete renewal application to 

the Technical Secretary consistent with the provisions of item 1200-03-09-

.02(11)(d)1.(i)(III) and section 1200-03-09-.02(11)(d)1.(ii)(I)III. The extension 

shall cease upon final permit action by the Technical Secretary. If the Technical 

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Secretary’s final permit action is contested, the provisions of TCA 4-5-320(b) 

shall rule as to the continued validity of the previous permit. 

3. Judicial review of a permit issued pursuant to paragraph 1200-03-09-.02(11) 

A person aggrieved by an action of the Technical Secretary on a permit 

processed pursuant to paragraph 1200-03-09-.02(11) may initially seek

administrative review of the permit before the Board and later, judicial review in

Chancery Court by following the procedures detailed below: 

(i) The person seeking administrative/judicial review shall be: 

(I) The applicant for the permit request under dispute; or 

(II) A person who participated in the public participation process 

provided pursuant to part 1200-03-09-.02(11)(f)8; or 

(III) Any other person who can obtain judicial review of the permit under 

State law. 

(ii) The Technical Secretary’s failure to take timely final action on an 

application filed under the provisions of paragraph 1200-03-09-.02(11) is

grounds for seeking administrative/judicial review. Timely, final action shall

be determined according to the schedules for action established in

paragraph 1200-03-09-.02(11). 

(iii) The procedures specified in part 1200-03-09-.02(11)(a)3 are the exclusive 

means for obtaining administrative/judicial review of the terms and

conditions of permits issued pursuant to paragraph 1200-03-09-.02(11). 

Petitions for administrative review of a permit term or action of the

Technical Secretary on a permit shall be filed by a person identified in

subpart 1200-03-09-.02(11)(a)3(i) in accordance with the procedures

specified in Rule 1200-03-09-.05. A person aggrieved by the final action of

the Board on their petition may seek judicial review within 60 days of the

entry of the Board’s final action consistent with the provisions of T.C.A. 4-

5-322. A person conforming to the criteria of subpart 1200-03-09-

.02(11)(a)3(i) may petition for administrative/judicial review later than the 

deadlines of Rule 1200-03-09-.05 or T.C.A. 4-5-322 only if the petition is 

based solely on grounds arising after the deadlines for 

administrative/judicial review. Petitions in this category must be filed within

sixty days after the occurrence of the new grounds for administrative 

review. Petitions for review of the Technical Secretary’s failure to take a

final permit action may be filed at any time prior to his issuance or denial of 

the permit, but only after the permit processing deadlines of paragraph

1200-03-09-.02(11) have not been met by the Technical Secretary. 

4. Operational Flexibility 

The owner or operator of a source subject to paragraph 1200-03-09-.02(11) may 

make certain changes at their facility that are contrary to or not addressed by the

permit as provided in part 1200-03-09-.02(11)(a)4. 

(i) The following changes can be made by the permittee without requiring a

permit revision, if the changes are not modifications under Title I of the 

federal Act or Division 1200-03 and the changes do not exceed the

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II. The permit shall require compliance with all applicable

requirements.

emissions allowable under the permit (whether expressed therein as a rate

of emissions or in the terms of total emissions): Provided, that the facility 

provides the Administrator and Technical Secretary with written notification

as required below in advance of the proposed changes, which shall be a

minimum of 7 days. The Technical Secretary may waive the 7 day 

advance notice in instances where the source demonstrates in writing that

an emergency necessitates the change. Emergency shall be demonstrated

by the criteria of part 1200-03-09-.02(11)(e)7 and in no way shall it include 

changes solely to take advantages of an unforeseen business opportunity. 

The source, Technical Secretary and EPA shall attach each such notice to

their copy of the relevant permit: 

(I) The source may make a Section 502(b)(10) change if their written 

notification: 

I. Contains a brief description of the change within the permitted

facility; 

II. Specifies the date on which the change will occur; 

III. Declares any change in emissions; and 

IV. Declares any permit term or condition that is no longer 

applicable as a result of the change. 

A. The permit shield provisions of part 1200-03-09-

.02(11)(e)6 shall not apply to Section 502(b)(10)

changes.

(II) [Reserved] 

(III) The source may trade emissions increases and decreases at their 

facility solely for the purpose of complying with a federally

enforceable emissions cap. In order to exercise such an option, the

permit applicant must ask the Technical Secretary to issue such a 

permit. The permit must contain all terms required under part 1200-

03-09-.02(11)(e)1 and part 1200-03-09-.02(11)(e)3 to determine 

compliance, allowing for the trading of such emissions increases and

decreases with the emissions cap specified in the permit, 

independent of otherwise applicable requirements. 

I. The applicant for a permit under item 1200-03-09-

.02(11)(a)4(i)(III) shall include in its application, proposed 

replicable procedures and permit terms that ensure the 

emission trades are quantifiable and enforceable. The

Technical Secretary shall not be required to include in the 

emissions trading provisions any emissions units for which

emissions are not quantifiable or for which there are no

replicable procedures to enforce the emissions trades. 

III. The written notification required under subpart 1200-03-09-

.02(11)(a)4(i) shall state: 

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A. When the change will occur; 

B. Describe the changes in emissions that will result; and 

C. How these increases and decreases will comply with the

terms and conditions of the permit. 

IV. The permit shield described in part 1200-03-09-.02(11)(e)6

may be extended to the terms and conditions which allow such

increases and decreases in emissions. 

(ii) The source may make operational flexibility changes that are not

addressed or prohibited by the permit without a permit revision subject to 

the following requirements:

(I) The change cannot be subject to a requirement of Title IV of the 

Federal Act or Chapter 1200-03-30. 

(II) The change cannot be a modification under any provision of Title I of 

the federal Act or Division 1200-03. 

(III) Each change shall meet all applicable requirements and shall not 

violate any existing permit term or condition. 

(IV) The source must provide contemporaneous written notice to the 

Technical Secretary and EPA of each such change, except for 

changes that are below the threshold of insignificant activities and 

emission levels that are specified in Rule 1200-03-09-.04. 

(V) Each change shall be described in the notice including the date, any

change in emissions, pollutants emitted, and any applicable

requirements that would apply as a result of the change. 

(VI) The change shall not qualify for a permit shield under the provisions

of part 1200-03-09-.02(11)(e)6. 

(VII) The permittee shall keep a record describing the changes made at 

the source that result in emissions of a regulated air pollutant subject 

to an applicable requirement, but not otherwise regulated under the

permit, and the emissions resulting from those changes. The records 

shall be retained until the changes are incorporated into

subsequently issued permits. 

5. Opt -In Opportunity 

Any source that is not subject to the provisions of paragraph 1200-03-09-.02(11)

may opt into being subject to paragraph 1200-03-09-.02(11) by filing a written

request to be so bound with the Technical Secretary. Upon execution of a 

mutual, signed letter of agreement binding the person to the provisions of 

paragraph 1200-03-09-.02(11), the Technical Secretary shall issue a major

stationary source operating permit to the source that subjects them to all of the 

requirements of paragraph 1200-03-09-.02(11). 

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(b) Definitions - The following terms are defined as they uniquely apply to this paragraph.

All other terms shall have the meaning given to them in Chapter 1200-03-02, Chapter 

1200-03-11, Chapter 1200-03-30 Chapter 1200-03-31, Chapter 1200-03-32 and

Chapter 1200-03-20. 

 -NOTICETHE READER IS CAUTIONED THAT ADDITIONAL DEFINITIONS HAVE BEEN 

ADDED TO SUBPARAGRAPH 1200-03-09-.02(11)(B) DURING RULEMAKING. AS A

RESULT, NOT ALL DEFINITIONS ARE ALPHABETIZED. 

1. “Federal Act” means the Clean Air Act, as amended, 42 U.S.C. 7401, et. seq. as

amended by Public Law No. 101-549 (November 15, 1990) 

2. “Affected source” shall have the meaning given to it in the federal regulations 

promulgated under title IV of the Federal Act and Chapter 1200-03-30. 

3. “Affected States” may be Illinois, Kentucky, Virginia, North Carolina, South 

Carolina, Georgia, Alabama, Mississippi, West Virginia, Arkansas or Missouri if 

either of the following criteria are met: 

(i) the State’s air quality may be affected by the issuance of a permit pursuant 

to the provisions of paragraph 1200-03-09-.02(11); or 

(ii) the State noted above is within 50 miles of the source’s site or proposed

site. 

4. “Affected unit” shall have the meaning given it in the regulations promulgated 

under title IV of the Federal Act and Chapter 1200-03-30. 

5. “Applicable requirement” means all of the following as they apply to emissions 

units in a source subject to paragraph 1200-03-09-.02(11) (including

requirements that have been promulgated or approved by EPA through 

rulemaking at the time of issuance but have future-effective compliance dates): 

(i) Any standard or other requirement provided for in the Tennessee 

implementation plan approved or promulgated by EPA through rulemaking 

under title I of the Federal Act that implements the relevant requirements of

the Federal Act, including any revisions to that plan promulgated in, 40

C.F.R. part 52, but not including any standard or other requirement 

provided for in the Tennessee implementation plan that does not

implement relevant requirements of the Federal Act; 

(ii) Any terms or conditions of any preconstruction permits issued pursuant to 

regulations approved or promulgated through rulemaking under title I, 

including parts C or D, of the Federal Act, but not any terms or conditions 

that do not implement relevant requirements of the Federal Act; 

(iii) Any standard or other requirement under Section 111 of the Federal Act,

including section 111(d); 

(iv) Any standard or other requirement under section 112 of the Federal Act, 

including any requirement concerning accident prevention under section 

112(r)(7) of the Federal Act;

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(v) Any standard or other requirements of the acid rain program under title IV 

of the Federal Act or the Federal regulations promulgated thereunder; 

(vi) Any requirements established pursuant to section 504(b) or section 

114(a)(3) of the Federal Act; 

(vii) Any standard or other requirement governing solid waste incineration,

under section 129 of the Federal Act; 

(viii) Any standard or other requirement for consumer and commercial products, 

under section 183(e) of the Federal Act; 

(ix) Any standard or other requirement for tank vessels, under section 183(f) of

the Federal Act; 

(x) Any standard or other requirement of the program to control air pollution

from outer continental shelf sources, under section 328 of the Federal Act; 

(xi) Any standard or other requirement of the regulations promulgated to

protect stratospheric ozone under title VI of the Federal Act, unless the

Administrator has determined that such requirements need not be

contained in a title V permit; and 

(xii) Any national ambient air quality standard or increment or visibility 

requirement under part C of title I of the Federal Act, but only as it would 

apply to temporary sources permitted pursuant to section 504(e) of the

Federal Act. 

6. “Designated representative” shall have the meaning given to it in section 402(26)

of the Federal Act, the Federal regulations promulgated thereunder and Chapter

1200-3-30. 

7. “Draft permit” means the version of a permit for which the Technical Secretary 

offers public participation under part 1200-03-09-.02(11)(f)8 or affected State 

review under subparagraph 1200-03-09-.02(11)(g). 

8. “Emissions allowable under the permit” means a federally enforceable permit 

term or condition determined at issuance to be required by an applicable

requirement that establishes an emission limit (including a work practice 

standard) or a federally enforceable emissions cap that the source has assumed 

to avoid an applicable requirement to which the source would otherwise be

subject. 

9. “Emissions unit” means any part or activity of a stationary source that emits or 

has the potential to emit any regulated air pollutant or any pollutant listed under 

section 112(b) of the Federal Act. This term is not meant to alter or affect the

definition of the term “unit” for purposes of title IV of the Federal Act or Chapter 

1200-03-30. 

10. “EPA” or the “Administrator” means the Administrator of the EPA or his designee. 

11. “Final permit” means the version of a permit issued by the Technical Secretary 

that has completed all review procedures required by subparagraph 1200-03-09-

.02(11)(f) and subparagraph 1200-03-09-.02(11)(g). 

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12. “Fugitive emissions” are those emissions which could not reasonably pass 

through a stack, chimney, vent, or other functionally-equivalent opening. 

13. “General permit” means a permit issued pursuant to paragraph 1200-03-09-

.02(11) that meets the requirements of part 1200-03-09-.02(11)(e)4. 

14. “Major source” means any stationary source (or any group of stationary sources 

that are located on one or more contiguous or adjacent properties, and are under 

common control of the same person [or persons under common control])

belonging to a single major industrial grouping and that are described in subparts

(i), (ii), (iii) or (iv) of this definition. For the purposes of defining “major source,” a 

stationary source or group of stationary sources shall be considered part of a 

single industrial grouping if all of the pollutant emitting activities at such source or

group of sources on contiguous or adjacent properties belong to the same Major 

Group (i.e., all have the same two-digit code) as described in the Standard

Industrial Classification Manual, 1987. 

(i) A major source under section 112 of the Federal Act, which is defined as: 

(I) For pollutants other than radionuclides, any stationary source or 

group of stationary sources located within a contiguous area and

under common control that emits or has the potential to emit, in the

aggregate, 10 tons per year (tpy) or more of any hazardous air 

pollutant which has been listed pursuant to section 112(b) of the

Federal Act, 25 tpy or more of any combination of such hazardous 

air pollutants, or such lesser quantity as the Administrator may

establish by rule. Notwithstanding the preceding sentence, 

emissions from any oil or gas exploration or production well (with its 

associated equipment) and emissions from any pipeline compressor 

or pump station shall not be aggregated with emissions from other 

similar units, whether or not such units are in a contiguous area or 

under common control, to determine whether such units or stations

are major sources; or 

(II) For radionuclides, “major source” shall have the meaning specified 

by the Administrator by rule. 

(ii) A major stationary source of air pollutants, as defined in section 302 of the 

Federal Act, that directly emits or has the potential to emit, 100 tpy or more

of any air pollutant subject to regulation (including any major source of 

fugitive emissions of any such pollutant, as determined by rule by the

Administrator). The fugitive emissions of a stationary source shall not be

considered in determining whether it is a major stationary source for the

purposes of section 302(j) of the Federal Act, unless the source belongs to

one of the following categories of stationary sources: 

(I) Coal cleaning plants (with thermal dryers); 

(II) Kraft pulp mills; 

(III) Portland cement plants; 

(IV) Primary zinc smelters; 

(V) Iron and steel mills; 

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(VI) Primary aluminum ore reduction plants; 

(VII) Primary copper smelters; 

(VIII) Municipal incinerators capable of charging more than 250 tons of 

refuse per day;

(IX) Hydrofluoric, sulfuric, or nitric acid plants; 

(X) Petroleum refineries; 

(XI) Lime plants; 

(XII) Phosphate rock processing plants 

(XIII) Coke oven batteries; 

(XIV) Sulfur recovery plants; 

(XV) Carbon black plants (furnace process); 

(XVI) Primary lead smelters; 

(XVII) Fuel conversion plants; 

(XVIII) Sintering plants; 

(XIX) Secondary metal production plants; 

(XX) Chemical process plants; 

(XXI) Fossil-fuel boilers (or combination thereof) totaling more than 250

million British thermal units per hour heat input; 

(XXII) Petroleum storage and transfer units with a total storage capacity 

exceeding 300,000 barrels;

(XXIII) Taconite ore processing plants;

(XXIV) Glass fiber processing plants; 

(XXV) Charcoal production plants;

(XXVI) Fossil-fuel-fired steam electric plants or more than 250 million 

British thermal units per hour heat input; or 

(XXVII) All other stationary source categories regulated by a standard

promulgated under section 111 or 112 of the Act, but only with 

respect to those air pollutants that have been regulated for that

category; 

(iii) A major stationary source as defined in part D of title I of the Federal Act,

including: 

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(I) For ozone nonattainment areas, sources with the potential to emit 

100 tpy or more of volatile organic compounds or oxides of nitrogen

in areas classified as “marginal” or “moderate,” 50 tpy or more in

areas classified as “serious,” 25 tpy or more in areas classified as

“severe,” and 10 tpy or more in areas classified as “extreme”; except 

that the references in this paragraph to 100, 50, 25, and 10 tpy of 

nitrogen oxides shall not apply with respect to any source for which

the Administrator has made a finding, under section 182(f)(1) or (2) 

of the Federal Act, that requirements under section 182(f) of the

Federal Act do not apply; 

(II) For ozone transport regions established pursuant to section 184 of 

the Federal Act, sources with the potential to emit 50 tpy or more of

volatile organic compounds; 

(III) For carbon monoxide nonattainment areas (1) that are classified as 

“serious,” and (2) in which stationary sources contribute significantly

to carbon monoxide levels as determined under rules issued by the

Administrator, sources with the potential to emit 50 tpy or more of 

carbon monoxide; and 

(IV) For particulate matter (PM-10) nonattainment areas classified as 

“serious,” sources with the potential to emit 70 tpy or more of PM-10. 

(iv) For purposes of these regulations, a research and development facility 

may be treated as a separate source from other stationary sources that are

located on a contiguous or adjacent property and are under common

control. However, all activities claimed by an applicant to be research and

development at the contiguous or adjacent property shall have their 

emissions aggregated as a single source for the purposes of determining

whether or not the research and development activities constitute a major 

source.

15. “Permit modification” means a revision to a permit issued pursuant to paragraph

1200-03-09-.02(11) that meets the requirements of part 1200-03-09-.02(11)(f)5. 

16. “Permit revision” means any permit modification or administrative permit 

amendment. 

17. “Potential to emit” means the maximum capacity of a stationary source to emit 

any air pollutant under its physical and operational design. Any physical or 

operational limitation on the capacity of a source to emit an air pollutant, 

including air pollution control equipment and restrictions on hours of operation or 

on the type or amount of material combusted, stored, or processed, shall be

treated as part of its design if the limitation is enforceable by the Administrator. 

This term does not alter or affect the use of this term for any other purposes 

under the Federal Act, or the term “capacity factor” as used in title IV of the

Federal Act or the Federal regulations promulgated thereunder or chapter 1200-

3-30. 

18. “Proposed permit” means the version of a permit that the Technical Secretary 

proposes to issue and forwards to the Administrator for review in compliance with 

subparagraph 1200-03-09-.02(11)(g). 

19. “Regulated air pollutant” means the following: 

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(i) Nitrogen oxides or any volatile organic compounds; 

(ii) Any pollutant for which a national ambient air quality standard has been

promulgated; 

(iii) Any pollutant that is subjected to any standard promulgated under section 

111 of the Federal Act; 

(iv) Any Class I or II substance subject to a standard promulgated under or

established by title VI of the Federal Act; or 

(v) Any pollutant subject to a standard promulgated under section 112 or other 

requirements established under section 112 of the Federal Act, including

sections 112(g), (j), and (r) of the Act, including the following: 

(I) Any pollutant subject to requirements under section 112(j) of the 

Federal Act. If the Administrator fails to promulgate a standard by 

the date established pursuant to section 112(e) of the Federal Act, 

any pollutant for which a subject source would be major shall be

considered to be regulated on the date 18 months after the 

applicable date established pursuant to section 112(e) of the Federal

Act; and 

(II) Any pollutant for which the requirements of section 112(g)(2) of the

Federal Act have been met, but only with respect to the individual

source subject to section 112(g)(2) requirement. 

20. “Renewal” means the process by which a permit is reissued at the end of its 

term. 

21. “Responsible official” means one of the following: 

(i) For a corporation: a president, secretary, treasurer, or vice-president of 

the corporation in charge of a principal business function, or any other 

person who performs similar policy or decision-making functions for the 

corporation, or a duly authorized representative of such person if the 

representative is responsible for the overall operation of one or more

manufacturing, production, or operating facilities applying for or subject to

a permit and either: 

(I) The facilities employ more than 250 persons or have gross annual 

sales or expenditures exceeding $25 million (in second quarter 1980

dollars); or 

(II) The delegation of authority to such representative is approved in

advance by the Technical Secretary; 

(ii) For a partnership or sole proprietorship: a general partner or the

proprietor, respectively; 

(iii) For a municipality, State, Federal, or other public agency: either a principal

executive officer or ranking elected official. For the purposes of this part, a 

principal executive officer of a Federal agency includes the chief executive

August, 2009 (Revised) 111
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officer having responsibility for the overall operations of a principal 

geographic unit of the agency (e.g., a Regional Administrator of EPA); or 

(iv) For affected sources:

(I) The designated representative in so far as actions, standards, 

requirements, or prohibitions under title IV of the Federal Act or the 

regulations promulgated thereunder are concerned; and 

(II) The designated representative for any other purposes under 

paragraph 1200-03-09-.02(11). However, a person other than the 

designated representative may serve as the responsible official for 

non title IV activities. 

22. “Section 502(b)(10) changes” are changes that contravene an express permit 

term. Such changes do not include changes that would violate applicable 

requirements or contravene federally enforceable permit terms and conditions 

that are monitoring (including test methods), recordkeeping, reporting, or 

compliance certification requirements. 

23. “Stationary source” means any building, structure, facility, or installation that

emits or may emit any regulated air pollutant or any pollutant listed under section

112(b) of the Federal Act. 

24. “Research and Development Facility” means any stationary source whose 

primary purpose is to conduct research and development into new processes 

and products, where such source is operated under the close supervision of

technically trained personnel and is not engaged in the manufacture of products 

for commercial sale in commerce, except in a de minimis manner. 

25. “Final Permit Action” means the action by the Technical Secretary to grant or 

deny an application, petition or objection submitted under the provisions of

paragraph 1200-03-09-.02(11) pursuant to the following classifications: 

(i) An initial operating permit application 

(ii) A renewal operating permit application 

(iii) A modification - administrative amendment, minor modification, group 

processed minor modification or significant modification. 

(iv) A reopening for cause as determined by the Technical Secretary 

(v) A reopening of a permit in response to EPA’s request - on their own or in 

response to a citizen’s petition. 

If the Technical Secretary’s actions are contested and brought to the Board 

for a hearing on the matter, “final permit action”, means any of the above

actions taken by the Board.

26. “Final Permit” means the permit arising from any final permit action.

27. “Federally enforceable” means any emission standard and/or procedural 

requirement that can be enforced against an air contaminant source by EPA or 

citizens under authority granted them by the Federal Act. 

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28. “Title I Modification” or “modification under any provision of Title I of the federal 

Act” means any modification under Section 111 and Section 112 of the Federal

Act and any physical change or change in method of operations that is subject to 

the preconstruction regulations promulgated under Parts C and D of the Federal 

Act. 

29. “Timely” when used with respect to a submittal, means that the application was 

delivered to the Technical Secretary or deposited in the United States mail

(evidenced by postmark) or recognized delivery service (evidenced by receipt) 

addressed to the Technical Secretary on or before the date it is due. However,

the definition of “timely” with respect to timelines for action placed upon the 

Technical Secretary and/or Division shall not commence until receipt of the 

submittal in the office of the Technical Secretary. 

30. “Exceedance” shall mean a condition that is detected by monitoring that provides

data in terms of an emission limitation or standard and that indicates that 

emissions (or opacity) are greater than the applicable emission limitation or 

standard (or less than the applicable standard in the case of a percent reduction

requirement) consistent with any averaging period specified for averaging the

results of the monitoring. 

31. “Excursion” shall mean a departure from an indicator range established for 

monitoring under this paragraph, consistent with any averaging period specified 

for averaging the results of the monitoring. 

32. “Subject to regulation” means, for any air pollutant, that the pollutant is subject to 

either a provision in the Clean Air Act, or a nationally-applicable regulation 

codified by the Administrator in subchapter C of Chapter I of Title 40 of the Code

of Federal Regulations, that requires actual control of the quantity of emissions of

that pollutant, and that such a control requirement has taken effect and is 

operative to control, limit or restrict the quantity of emissions of that pollutant 

released from the regulated activity. Except that: 

(i) Greenhouse gases (GHGs), the air pollutant defined in 40 CFR 86.1818–

12(a) as the aggregate group of six greenhouse gases: carbon dioxide, 

nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur 

hexafluoride, shall not be subject to regulation unless, as of July 1, 2011, 

the GHG emissions are at a stationary source emitting or having the 

potential to emit 100,000 tpy CO2equivalent emissions. 

(ii) The term tpy CO2equivalent emissions (CO2e) shall represent an amount 

of GHGs emitted, and shall be computed by multiplying the mass amount 

of emissions (tpy), for each of the six greenhouse gases in the pollutant 

GHGs, by the gas's associated global warming potential published at Table 

A–1 to subpart A of 40 CFR 98 - Global Warming Potentials, and summing 

the resultant value for each to compute a tpy CO2e. 

(c) Applicability - 

1. The following air contaminant sources are subject to the requirements of 

paragraph 1200-03-09-.02(11): 

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(i) Any major source; 

(ii) Any source, including an area source, subject to a standard, limitation, or 

other requirement under section 111 of the Federal Act, Part 1200-03-07-

.07(4), part 1200-03-07-.07(5) or Chapter 1200-03-16; 

(iii) Any source, including an area source, subject to a standard or other 

requirement under section 112 of the Federal Act, chapter 1200-03-11, or

chapter 1200-03-31 except that a source is not required to obtain a permit

solely because it is subject to regulations or requirements under section

112(r) of the Federal Act or Chapter 1200-03-32; 

(iv) Any affected source; and 

(v) Any source in a source category designated by the Administrator or 

Technical Secretary pursuant to the federal 40 C.F.R. Part 70 rules (FR 

Vol 57, No. 140, Tuesday, July 21, 1992 p 32295-32312) or this paragraph

respectively. 

2. The following air contaminant sources are exempt from the requirements of 

paragraph 1200-03-09-.02(11): 

(i) All non-major sources including those subject to Section 112 of the Federal

Act or chapter 1200-03-11 or Chapter 1200-03-31 and section 111 of the

Federal Act or chapter 1200-03-16. If the Administrator promulgates future

regulations which prohibit the exemption of a non-major source from the

requirements of paragraph 1200-03-09-.02(11), such source will be so

permitted by the Technical Secretary. Upon the Administrator’s written

notification to the Technical Secretary that such sources must be permitted

according to the provisions of this paragraph 1200-03-09-.02(11), the

Technical Secretary shall notify the sources that the applications are due

within 180 days of his written notice. The Technical Secretary shall have

up to 90 days to accomplish the notification commencing upon his 

notification from the Administrator. 

(ii) An affected source does not qualify for exemption from the provisions of 

paragraph 1200-03-09-.02(11) even if it is a non-major source. 

(iii) A solid waste incinerator unit that is required to obtain a permit pursuant to 

section 129(e) of the Federal Act does not qualify for exemption from the

provisions of paragraph 1200-03-09-.02(11) even if it is a non-major 

source.

(iv) All sources and source categories that would be required to obtain a permit

solely because they are subject to 40 C.F.R. part 60, Subpart AAA -

Standards of Performance for New Residential Wood Heaters are exempt

from the provision of paragraph 1200-03-09-.02(11). 

(v) All sources and source categories that would be required to obtain a permit

solely because they are subject to 40 C.F.R. part 61, Subpart M - National

Emissions Standard for Hazardous Air Pollutants for Asbestos, section

61.145, Standard for Demolition and Renovation are exempt from the 

provision of paragraph 1200-03-09-.02(11). 

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

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3. Sources subject to paragraph 1200-03-09-.02(11) shall have all applicable

requirements specified in their permit for all relevant emission units in the major 

source except those emission units which are exempted from permitting in rule

1200-03-09-.04. 

4. Sources subject to paragraph 1200-03-09-.02(11) must declare their fugitive 

emissions in their permit application and the Technical Secretary must regulate

the fugitive emissions as terms of their permit. 

5. Unless specifically exempted elsewhere in this paragraph 1200-03-09-.02(11), 

research and development facilities shall be considered as a separate and 

discrete stationary source in determining whether such facilities constitute a 

major source subject to the operating permit requirements. Except where

research and development facilities by themselves constitute a major source, 

such facilities shall be exempt from the permit requirements of paragraph 1200-

03-09-.02(11), but not from any other permitting requirements of Chapter 1200-

03-09. 

(d) Permit Applications - 

1. The owner or operator of a source subject to paragraph 1200-03-09-.02(11) has 

a duty to submit a timely and complete permit application in accordance with this

part. The timelines for application under the provision of paragraph 1200-03-09-

.02(11) supersede the application deadlines specified in paragraphs 1200-03-09-

.02(1), (3) and (10). 

(i) Timely application. 

(I) A timely initial application for a source subject to the provisions of 

paragraph 1200-03-09-.02(11) is one that is submitted within 120

days of the Technical Secretary’s written notification to the source

that such application must be filed or as stipulated on their 

construction permit. The Technical Secretary will not require an 

application to be filed, either by written notification or imposition of a

construction permit condition until the Administrator approves the

Governor’s Part 70 program submittal, filed in accordance with 40

C.F.R. Part 70.4. Application notices shall be served over a period

of time in accordance with the Board’s approved schedule. The

Technical Secretary shall submit a proposed schedule for Board

approval and incorporation into the State Major Source Fee

Workload Analysis as a Board Order no later than March 1, 1994.

(II) Sources subject to the provisions of paragraph 1200-03-09-.01(4), 

paragraph 1200-03-09-.01(5) and/or rule 1200-3-31-.05 apply for an

operating permit according to the schedule prescribed on their 

construction permit. The Technical Secretary shall allow sufficient 

time to prepare the application, but in no case shall the time allotted

to file an application exceed 360 days commencing upon startup of 

the constructed source. 

(III) A timely renewal application for a source subject to the provisions of 

paragraph 1200-03-09-.02(11) is one that is submitted at least 180

days, but no more than 270 days prior to the expiration of an existing 

major source operating permit. 

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

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(IV) Applications for initial phase II acid rain permits shall be submitted to 

the Technical Secretary by January 1, 1996 for sulfur dioxide, and by 

January 1, 1998 for nitrogen oxides. 

(V) Construction occurring under the provisions of rule 1200-03-09-.01 at 

a source already in possession of a major source operating permit

issued pursuant to the provisions of paragraph 1200-03-09-.02(11)

shall be governed by the following: 

I. Sources shall designate in their construction permit application

the route that they desire to follow for the purposes of 

incorporating the newly constructed sources into their existing

operating permit. The Technical Secretary shall use that

information to prepare the operating permit application

submittal deadlines in their construction permit. 

II. Sources desiring the permit shield shall choose the 

administrative amendment route of subpart 1200-03-09-

.02(11)(f)(4)(iv) or the significant modification route of subpart

1200-03-09-.02(11)(f)5(iv).

III. Sources desiring expediency instead of the permit shield shall 

choose the minor permit modification procedure route of 

Subpart 1200-03-09-.02(f)5(ii) or group processing of minor 

modifications under the provisions of subpart 1200-03-09-

.02(11)(f)5(iii) as applicable to the magnitude of their 

construction.

(VI) Existing sources making the transition from an existing operating 

permit to an initial major source operating permit consistent with the 

provisions of part 1200-03-09-.02(11)(a)1 shall continue to construct

under the provision of rule 1200-03-09-.01 and supplement their 

major source operating permit application in accordance with the

provisions of part 1200-03-09-.02(11)(d)2. 

(VII) Existing sources that were not initially subject to the provisions of 

paragraph 1200-03-09-.02(11), but later became subject through a

change in operations such that their potential to emit crosses the

applicability threshold of paragraph 1200-03-09-.02(11), shall file 

their major source operating permit application within 360 days of 

their start up of such operations that caused them to cross the major 

source operating permit applicability provisions of paragraph 1200-

03-09-.02(11). 

(ii) Complete Application 

(I) The owner or operator of a source that is subject to the provisions of 

paragraph 1200-03-09-.02(11) shall file a complete application for a

major source operating permit. Applications shall be made on forms 

approved by the Board and available from the Technical Secretary. 

The applications shall be evaluated for completeness by using the

Board’s approved checklist. The checklist list shall be made

available to applicants to assist them in preparing a complete

application. “Insignificant Activities” designated as those activities or

emission / production thresholds listed at rule 1200-03-09-.04 and 

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

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their listing, if required under rule 1200-03-09-.04, in the permit

application shall be governed by the Board’s approved forms,

instruction sheets and check lists. In addition to the information

requested on the application forms, the applicant shall provide 

sufficient information to determine which applicable requirements will 

apply to the source and whether or not the source is in compliance

with the applicable requirements. The application must be signed

and dated by a responsible official attesting to its accuracy in

accordance with part 1200-03-09-.02(11)(d)4. 

I. The application shall be dated and stamped as to its date of 

receipt in the Office of the Technical Secretary. 

II. Sixty (60) days will be allotted to the Technical Secretary from

his receipt of the application for the purpose of determining 

whether or not the application is complete according to the 

Board-approved completeness checklist. This timeline is not 

applicable to minor modifications conducted under the

provisions of subparts 1200-9-.02(11)(f) 5.(ii) & (iii). 

III. The applicant must file an application for the entire source 

upon initial application and for renewal applications.

Applications for a permit revision need only address the

portions of the source impacted by the revision. 

IV. The Technical Secretary shall have up to 60 days from his 

receipt of the application to review an application for 

completeness. At the conclusion of that period, the Technical

Secretary shall notify the applicant of his findings in writing. In

the absence of his timely notification that an application is

incomplete, an application will be considered to be complete. 

Such status is limited to only provide enforcement immunity for 

the applicant for failing to have filed a complete application and

to place them in an application shield status. Should the

Technical Secretary find that additional information is

necessary to properly evaluate the application, the applicant

must provide the additional information in accordance with the

Technical Secretary’s written request which will set a

reasonable deadline to provide the information. The source

may operate under the authority of their most recent permit

consistent with the application shield provisions of part 1200-

03-09-.02(11)(f)2, provided that the application is determined 

or deemed to be complete and further provided that the

applicant submits any requested additional information by the

deadline specified by the Technical Secretary. However, the

source shall abide by the terms of its most recently issued

permit until final action is taken upon their application. 

(iii) Confidential Information: 

A source which claims that its information is confidential is subject to a

review of confidentiality. If the Technical Secretary determines that the

information should not be protected as confidential, he shall notify the

source in writing and hold the information in protected status until such 

time that the Board can resolve the dispute via a contested case hearing. 

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

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During this time of dispute, the applicant will be required to make a direct

submittal of the information to the Administrator if the EPA desires to

review the disputed information being used to prepare the permit. The

following information shall not be considered confidential: 

(I) The composition and quantity of air contaminants emitted from the

facility. 

(II) The applicable requirements that a source must fulfill and the 

source’s compliance status with each applicable requirement. 

(III) The business name, address, and location of the source and the 

name of the source’s responsible official.

(IV) Any other information which the Board may determine through a

hearing of the matter. 

2. The owner or operator of a source subject to paragraph 1200-03-09-.02(11) has 

a duty to supplement or correct their application upon discovery that their 

application was incorrect or failed otherwise to address any facts relevant to

permitting at the source. The applicant must also provide additional information 

as necessary to address any requirements that become applicable to the source

after the date that it has filed a complete application but prior to the release of a

draft permit. 

3. The Board has approved and mandated the use of permit applications,

instruction sheets and a completeness checklist which should facilitate the 

applicant’s duty to provide all of the information required by 40 C.F.R. Part 

70.5(c) and (d). Those requirements are printed on the completeness checklist 

and that information is the primary basis by which an application shall be judged

for completeness. Application must be made using the forms available from the 

Technical Secretary. The Technical Secretary may request a refilling of 

applications that are illegible, vague or ambiguous. In such cases, the timelines

for action on the application will restart when the clarified application is received. 

4. Any application form, report, or compliance certification submitted pursuant to the 

requirements of paragraph 1200-03-09-.02(11) shall contain certification by a

responsible official of truth, accuracy and completeness. This certification and

any other certification required under paragraph 1200-03-09-.02(11) shall state

that, based on information and belief formed after reasonable inquiry, the

statements and information in the document are true, accurate and complete. 

(e) Permit Content - 

1. The applicant shall propose the number of permits that they want and the 

Technical Secretary shall determine the number of permits that a facility is to 

receive. In determining the number of permits, consideration shall be given to the 

ease of evaluating compliance at a complex facility. To the extent possible, a 

complex facility should be divided into major operating divisions with one permit 

per division. Each permit issued by the Technical Secretary pursuant to the

provisions of paragraph 1200-03-09-.02(11) shall include the following elements:

(i) Emission limitations and standards, including those operational

requirements and limitations that assure compliance with all applicable 

requirements at the time of permit issuance. 

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

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(I) The permit shall specify and reference the origin of and authority for 

each term or condition, and identify any difference in form as

compared to the applicable requirement upon which the term or 

condition is based. 

(II) The permit shall state that, where an applicable requirement of the 

Federal Act is more stringent than the Federal regulations

promulgated under title IV of the Federal Act, both provisions shall

be incorporated into the permit and shall be enforceable by the 

Administrator. 

(III) Sources that qualify and choose an alternate emission standard 

pursuant to the provisions of chapter 1200-03-21 shall be issued a

permit that contains the alternate standard with sufficient provisions 

to ensure that any resulting emission limit has been demonstrated to

be quantifiable, accountable, enforceable and based upon replicable

procedures. 

(ii) Permit Duration - The Technical Secretary shall issue permits for a fixed 

term of 5 years in the case of affected sources, and for a term not to 

exceed 5 years in the case of all other sources. Notwithstanding this

requirement, the Technical Secretary shall issue permits for solid waste

incineration units combusting municipal waste subject to standards under 

section 129(e) of the Federal Act for a period not to exceed 12 years and 

shall review such permits at least every 5 years. 

(iii) Monitoring and related recordkeeping and reporting requirements: 

(I) Monitoring Requirements 

I. The Technical Secretary shall prescribe monitoring and related 

recordkeeping and reporting requirements in accordance with

the powers granted to him at chapter 1200-03-10. 

II. Where the applicable requirement does not require periodic 

testing or instrumental or noninstrumental monitoring (which

may consist of recordkeeping designed to serve as

monitoring), periodic monitoring shall be required sufficient to 

yield reliable data from the relevant time period that are 

representative of the source’s compliance with the permit, as

required pursuant to item 1200-03-09-.02(11)(e)1(iii)(III). Such

monitoring requirements shall assure use of such terms, test

methods, units, averaging periods, and other statistical

conventions consistent with the applicable requirements. 

Recordkeeping provisions shall be sufficient to meet the

requirements of this sub-item 1200-03-09-.02(11)(e)(1)(iii)(I)II if

it is the judgment of the Technical Secretary that 

recordkeeping alone is sufficient to prove compliance; and 

III. As necessary, the Technical Secretary may impose

requirements concerning the use, maintenance, and where

appropriate, installation of monitoring equipment or methods. 

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

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(II) With respect to recordkeeping, the permit shall incorporate all 

applicable recordkeeping requirements and require, where

applicable, the following: 

I. Records of required monitoring information that include the

following: 

A. The date, place as defined in the permit, and time of

sampling or measurements; 

B. The date(s) analyses were performed; 

C. The company or entity that performed the analysis; 

D. The analytical techniques or methods used; 

E. The results of such analyses; and 

F. The operating conditions as existing at the time of

sampling or measurement. 

II. Retention of records of all required monitoring data and

support information for a period of at least 5 years from the

date of the monitoring sample, measurement, report, or 

application. Support information includes all calibration and 

maintenance records and all original strip chart recordings for 

continuous monitoring instrumentation, and copies of all

reports required by the permit. 

(III) With respect to reporting, the permit shall incorporate all applicable 

reporting requirements and require the following: 

I. Submittal of reports of any required monitoring at least every

180 days. All instances of deviations from permit requirements 

must be clearly identified in such reports. All required reports 

must be certified by a responsible official consistent with part

1200-03-09-.02(11)(d)4. 

II. Prompt reporting of deviations from permit requirements,

including those attributable to upset, malfunction or emergency

conditions as defined in the permit and/or chapter 1200-03-20.

The provisions of Rule 1200-03-20-.03 shall define “prompt 

reporting” for periods in between the 180 day reports in sub

item 1200-03-09-.02(11)(e)1(iii)(III)I. 

III. Digital data accumulation which utilizes valid data compression 

techniques shall be acceptable for compliance determination

as long as such compression does not violate an applicable

requirement and its use has been approved in advance by the 

Technical Secretary.

(iv) Permits issued to affected sources shall contain a permit condition that 

prohibits emissions exceeding any allowances that the source lawfully 

holds under title IV of the Federal Act of the Federal regulations

promulgated thereunder and chapter 1200-03-30. 

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.02, continued) 

(I) The permittee shall not be subject to the permit revision

requirements of subparagraph 1200-03-09-.02(11)(f) for increases in 

emissions that are authorized by allowances acquired pursuant to 

the acid rain program, provided that such increases do not require a

permit revision under any other applicable requirement. 

(II) No limit shall be placed on the number of allowances held by the

source. The source may not, however, use allowances as a defense 

to noncompliance with any other applicable requirement. 

(III) Any such allowance shall be accounted for according to the 

procedures established in the Federal regulations promulgated

under title IV of the Federal Act and in State rules promulgated in

chapter 1200-3-30. 

(v) The permit requirements of a permit issued pursuant to paragraph 1200-

03-09-.02(11) are severable. A dispute regarding one or more permit

requirements in such a permit does not invalidate or otherwise excuse a

permittee from their duty to comply with the remaining portion of the permit. 

(vi) The following general provisions shall appear on each permit issued

pursuant to paragraph 1200-03-09-.02(11): 

(I) The permittee shall comply with all conditions of its permit. Except

for requirements specifically designated herein as not being federally

enforceable, non-compliance with the permit requirements is a

violation of the Federal Act and the Tennessee Air Quality Act and is 

grounds for enforcement action; for a permit termination, revocation

and reissuance, or modification; or for denial of a permit renewal

application. Non-compliance with permit conditions specifically 

designated herein as not being federally enforceable is a violation of 

the Tennessee Air Quality Act and may be grounds for these actions. 

(II) The need to halt or reduce activity is not a defense for 

noncompliance. It shall not be a defense for a permittee in an

enforcement action that it would have been necessary to halt or 

reduce the permitted activity in order to maintain compliance with the

conditions of the permit. However, nothing in this item shall be

construed as precluding consideration of a need to halt or reduce

activity as a mitigating factor in assessing penalties for 

noncompliance if the health, safety or environmental impacts of 

halting or reducing operations would be more serious than the

impacts of continuing operations. 

(III) The permit may be modified, revoked, reopened, and reissued, or 

terminated for cause. The filing of a request by the permittee for a 

permit modification, revocation and reissuance, or termination, or of

a notification of planned changes or anticipated noncompliance does 

not stay any permit condition. 

(IV) The permit does not convey any property rights of any sort, or any

exclusive privilege. 

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.02, continued) 

(V) The permittee shall furnish to the Technical Secretary, within a 

reasonable time, any information that the Technical Secretary may 

request in writing to determine whether cause exists for modifying, 

revoking and reissuing, or termination of the permit or to determine 

compliance with the permit. Upon request, the permittee shall also

furnish to the Technical Secretary copies of records required to be

kept by the permit. If the permittee claims that such information is

confidential, the Technical Secretary may review that claim and hold 

the information in protected status until such time that the Board can 

hear any contested proceedings regarding confidentiality disputes. If

the information is desired by EPA, the permittee may mail the 

information directly to EPA.

(vii) A permittee must pay fees in accordance with rule 1200-03-26.02 as a

condition of its permit. 

(viii) A permit revision will not be required under any approved economic

incentives, marketable permits, emissions trading and other similar 

programs or process for changes that are provided for in the permit.

(ix) Reasonable anticipated operating scenarios may be established in the

permit to address variable operating modes at a source provided that each 

scenario is fully addressed in the source’s application. Such scenarios are 

permissible only if: 

(I) The source, contemporaneously with making a change from one

operating scenario to another, shall record in a log at the permitted

facility the scenario under which it is operating; 

(II) The terms and conditions of each such alternate scenario shall meet 

all applicable requirements and the rules of Division 1200-03. The

Technical Secretary is authorized to extend the permit shield

described under part 1200-03-09-.02(11)(e)6 to all terms and

conditions under each operating scenario. 

(x) An applicant in possession of a certificate of alternate emission control

issued pursuant to the provisions of chapter 1200-03-21 may trade

emissions increases and decreases in the permitted facility to the extent

that said certificate allows for such trading. The certificate and its terms 

shall be made part of the permit and must conform to the following

requirements:

(I) The certificate’s terms shall include all terms required under part

1200-03-09-.02(11)(e)1 and part 1200-03-09-.02(11)(e)3 to

determine compliance; and 

(II) The certificate terms must meet all other applicable requirements 

and the rules of Division 1200-03 that were not altered by the

certificate. The Technical Secretary is authorized to extend the

permit shield described in part 1200-03-09-.02(11)(e)6 to all terms 

and conditions that allow such increase and decreases in emissions. 

2. A permit issued under the provisions of paragraph 1200-03-09-.02(11) is a permit

issued pursuant to the requirements of title V of the Federal Act and its 

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implementing Federal regulations promulgated at 40 C.F.R. part 70. As such, the 

permittee is advised that: 

(i) All terms and conditions in a permit issued pursuant to paragraph 1200-03-

09-.02(11) including any provisions designed to limit a source’s potential to

emit, are enforceable by the Administrator and citizens under the Federal

Act. 

(ii) Notwithstanding subpart 1200-03-09-.02(11)(e)2(i), the Technical 

Secretary shall specifically designate as not being federally enforceable

under the Federal Act any terms and conditions included in the permit that

are not required under the Federal Act or under any of its applicable

requirements. Terms and conditions so designated are not subject to the

requirements of subparagraphs 1200-03-09-.02(11)(f) and 1200-03-09-

.02(11)(g), other than those contained in this part 1200-03-09-.02(11)(e)2. 

3. All permits issued pursuant to paragraph 1200-03-09-.02(11) shall contain the

following elements with respect to compliance: 

(i) Consistent with subpart 1200-03-09-.02(11)(e)1(iii), compliance

certification, testing, monitoring, reporting, and recordkeeping requirements 

sufficient to assure compliance with the terms and conditions of the permit.

Any document (including reports) required by a permit issued pursuant to 

paragraph 1200-03-09-.02(11) shall contain a certification by a responsible

official that meets the requirements of part 1200-03-09-.02(11)(d)4. 

(ii) Inspection and entry requirements that require that, upon presentation of 

credentials and other documents as may be required by law, the permittee

shall allow the Technical Secretary or his authorized representative to 

perform the following for the purposes of determining compliance with the 

permit applicable requirements: 

(I) Enter upon the permittee’s at reasonable times premises where a

source subject to paragraph 1200-03-09-.02(11) is located or 

emissions-related activity is conducted, or where records must be

kept under the conditions of the permit; 

(II) Have access to and copy, at reasonable times, any records that 

must be kept under the conditions of the permit; 

(III) Inspect at reasonable times any facilities, equipment (including 

monitoring and air pollution control equipment), practices, or 

operations regulated or required under the permit; and 

(IV) As authorized by chapter 1200-03-10, sample or monitor at 

reasonable times substances or parameters for the purpose of

assuring compliance with the permit or applicable requirements. 

(V) “Reasonable times” shall be considered to be customary business 

hours unless reasonable cause exists to suspect noncompliance

with the Act, Division 1200-03 or any permit issued pursuant thereto

and the Technical Secretary specifically authorizes an inspector to 

inspect a facility at any other time. 

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(iii) A schedule of compliance consistent with that declared by the applicant or 

as otherwise modified by the Technical Secretary utilizing the Board 

approved application forms in part 1200-03-09-.02(11)(d)3. 

(iv) The requirement that the permittee submit progress reports consistent with

an applicable schedule of compliance and part 1200-03-09-.02(11)(d)3. 

The reports shall be submitted at least semiannually, or at a more frequent 

period if specified in the applicable requirement or by the Technical 

Secretary. Such progress reports shall contain the following: 

(I) Dates for achieving the activities, milestones, or compliance required

in the schedule of compliance, and dates when such activities, 

milestones or compliance were achieved; and 

(II) An explanation of why any dates in the schedule of compliance were 

not or will not be met, and any preventative or corrective measures 

adopted. 

(v) The permit shall include requirements for compliance certification with

terms and conditions contained in the permit, including emission

limitations, standards, or work practices. Specifically, the permits shall 

include each of the following: 

(I) The frequency (not less than annually or such more frequent periods 

as specified in the applicable requirement or by the Technical

Secretary) of submissions of compliance certifications; 

(II) A means of monitoring the compliance of the source with its 

emission limitations, standards and work practices. The means of

monitoring shall conform to subpart 1200-03-09-.02(11)(e)1(iii). 

(III) A requirement that compliance certification include all of the following 

(provided that the identification of applicable information may crossreference the permit or previous reports, as applicable): 

I. The identification of each term or condition of the permit that is 

the basis of the certification; 

II. The identification of the method(s) or other means used by the

owner or operator for determining the compliance status with

each term and condition during the certification period, and

whether such methods or other means provide continuous or 

intermittent data. Such methods and other means shall 

include, at a minimum, the methods and means required under 

subpart 1200-03-09-.02(11)(e)1.(iii). If necessary, the owner

or operator also shall identify any other material information 

that must be included in the certification to comply with section 

113(c)(2) of the Federal Act (see sub-item V), which prohibits

knowingly making a false certification or omitting material

information; 

III. The status of compliance with the terms and conditions of the 

permit for the period covered by the certification, based on the

method or means designated in sub-item 1200-03-09-

.02(11)(e)3.(v)(III)II. The certification shall identify each 

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deviation and take it into account in the compliance

certification. The certification shall also identify as possible

exceptions to compliance any periods during which

compliance is required and in which an excursion or 

exceedance as defined under subparagraph 1200-03-09-

.02(11)(b) occurred; and 

IV. Such other facts as the permitting authority may require to

determine the compliance status of the source. 

V. SECTION 113(c)(2) of the Federal Act SEC. 113. FEDERAL

ENFORCEMENT. 

A. Criminal Penalties.- 

B. Any person who knowingly - 

(A) makes any false material statement, 

representation, or certification in, or omits material

information from, or knowingly alters, conceals, or 

fails to file or maintain any notice, application,

record, report, plan, or other document required

pursuant to this Act to be either filed or maintained

(whether with respect to the requirements 

imposed by the Administrator or by a State); 

(B) fails to notify or report as required under this Act;

or 

(C) falsifies, tampers with, renders inaccurate, or fails 

to install any monitoring device or method required 

to be maintained or followed under this Act shall,

upon conviction, be punished by a fine pursuant to

title 18 of the United States Code, or by

imprisonment for not more than 2 years, or both. 

If a conviction of any person under this paragraph

is for a violation committed after a first conviction

of such person under this paragraph, the 

maximum punishment shall be doubled with

respect to both the fine and imprisonment. 

(IV) A requirement that all compliance certifications be submitted to the

Administrator as well as to the Technical Secretary; and 

(V) Such additional requirements as may be specified pursuant to 

sections 114(a)(3) and 504(b) of the Federal Act. 

(vi) Any other compliance requirement deemed necessary by the Technical

Secretary may be imposed in the permit. 

4. General Permits 

(i) The Air Pollution Control Board may issue general permits for the purpose

of covering numerous similar sources that are owned or operated by 

different persons at different facilities. A general permit satisfies the 

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definition of a rule pursuant to the Uniform Administrative Procedures Act,

T.C.A. §4-5-101 et seq. As such, general permits must be promulgated as

rules. The general permit must be subjected to the notice and an 

opportunity for public participation, as specified in part 1200-03-09-

.02(11)(f)8. Further, the general permit must comply with the other 

requirements applicable to permits issued pursuant to paragraph 1200-03-

09-.02(11). The permit must specify the eligibility criteria by which sources 

may qualify for the general permit. The general permits shall state the

process by which a source notifies the Technical Secretary that it intends 

to be authorized under the general permit. The general permit shall state

the means by which the Technical Secretary confirms that the source is

covered by the general permit or that the source requires an individual

permit. Notwithstanding the shield provisions of part 1200-03-09-

.02(11)(e)6, the source operating under the provisions of a general permit 

shall be subject to enforcement action for operation without the permit

required by paragraph 1200-03-09-.02(11) if the source requested 

coverage under a general permit by representing themselves to be eligible 

for a general permit in their notice of intent and it is later determined that 

the source does not qualify for the eligibility terms and conditions of the

general permit. General permits shall not be authorized for affected

sources under the acid rain program unless otherwise provided in

regulations promulgated under title IV of the federal Act or chapter 1200-

03-30. 

(ii) Sources subject to the provisions of paragraph 1200-03-09-.02(11) that 

would qualify for a general permit must submit a notice of intent to the

Technical Secretary for coverage under the terms of the general permit or

must apply for the standard major stationary source operating permit 

consistent with subparagraph 1200-03-09-.02(11)(d) according to their 

choice of permitting routes as detailed in this part 1200-03-09-.02(11)(e)4.

The Board may, in the general permit, provide for the requirements for the

notice of intent which may deviate from the requirements of subparagraph

1200-03-09-.02(11)(d), provided that they meet the requirements of title V 

of the federal Act, and include all information necessary to determine

qualifications for and to assure compliance with, the general permit. When

the Technical Secretary confirms that a source may operate under the

terms of a general permit, that action is not subject to public participation

under part 1200-03-09-.02(11)(f)8 and shall not be a final permit action for 

purposes of judicial review. 

5. Temporary Sources 

The Technical Secretary may issue a single permit authorizing emissions from

similar operations by the same source owner or operator at multiple temporary 

locations. The operation must be temporary and involve at least one change of 

location during the term of the permit. No affected source shall be permitted as a 

temporary source. Permits for temporary sources shall include the following: 

(i) Conditions that will assure compliance with all applicable requirements at

all authorized locations: 

(ii) Requirements that the owner or operator notify the Technical Secretary at

least 10 days in advance of each change in location; and 

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(iii) Conditions that assure compliance with all other provisions of this 

paragraph 1200-03-09-.02(11). 

6. Permit Shield 

(i) Except as provided in paragraph 1200-03-09-.02(11), the Technical

Secretary shall if requested by the applicant, expressly include in a permit

issued pursuant to paragraph 1200-03-09-.02(11) a provision stating that 

compliance with the conditions of the permit shall be deemed compliance

with any applicable requirements as of the date of permit issue, provided

that: 

(I) Such applicable requirements are included and are specifically

identified in the permit; or 

(II) The Technical Secretary, in acting on the permit application or 

revision, determines in writing that other requirements specifically 

identified are not applicable to the source, and the permit includes

the determination or a concise summary thereof. 

(ii) A permit issued pursuant to paragraph 1200-03-09-.02(11) that does not 

expressly state that a permit shield exists shall be presumed not to provide

such a shield.

(iii) Nothing in this part or in any permit issued pursuant to paragraph 1200-03-

09-.02(11) shall alter or affect the following: 

(I) The provisions of section 303 of the federal Act (emergency orders), 

including the authority of the Administrator under that section. 

Similarly, the provisions of T.C.A. 68-201-109 (emergency orders) 

including the authority of the Governor under the section; 

(II) The liability of an owner or operator of a source for any violation of 

applicable requirements prior to or at the time of permit issuance; 

(III) The applicable requirements of the acid rain program, consistent with 

section 408(a) of the federal Act; or 

(IV) The ability of EPA to obtain information from a source pursuant to 

section 114 of the federal Act. 

7. Emergency Provisions 

(i) Definition An “emergency” means any situation arising from sudden and 

reasonably unforeseeable events beyond the control of the source, 

including acts of God, which situation requires immediate corrective action

to restore normal operation, and that causes the source to exceed a

technology based emission limitation under the permit issued pursuant to

paragraph 1200-03-09-.02(11), due to unavoidable increases in emissions 

attributable to the emergency. An emergency shall not include

noncompliance to the extent caused by improperly designed equipment,

lack of preventative maintenance, careless or improper operation, or

operator error. For the purposes of this definition, “permit issued pursuant 

to paragraph 1200-03-09-.02(11)” shall also include any construction 

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

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permit issued under the provisions of rule 1200-03-09-.01 to a source 

subject to the permitting requirements of paragraph 1200-03-09-.02(11). 

(ii) An emergency constitutes an affirmative defense to an enforcement action

brought against a source for noncompliance with such technology based

emission limitations if the conditions of subpart 1200-03-09-.02(II)(e)7(iii) 

are met. 

(iii) The affirmative defense of the emergency shall be demonstrated through

properly signed, contemporaneous operating logs, or other relevant

evidence that: 

(I) An emergency occurred and that the permittee can identify the 

probable cause(s) of the emergency. “Probable” must be supported 

by a credible investigation into the incident that seeks to identify the

causes and results in an explanation supported by generally 

accepted engineering or scientific principles. 

(II) The permitted facility was at the time being properly operated. In 

determining whether or not a facility was being properly operated,

the Technical Secretary shall examine the source’s written standard

operating procedures which were in effect at the time of the

noncompliance and any other code as detailed below that would be 

relevant to preventing the noncompliance. Adherence to the source’s 

standard operating procedures will be the test of adequate

preventative maintenance, careless operation, improper operation or

operator error to the extent that such adherence would prevent 

noncompliance. The source’s failure to follow recognized standards

of practice to the extent that adherence to such a standard would 

have prevented noncompliance will disqualify the source from any

claim of an emergency and an affirmative defense. The Board will 

specifically recognize the National Fire Protection Association codes, 

the codes of the American National Standards Institute, the codes of 

the American Society of Testing Materials, the codes of the United

States Department of Transportation, the codes of the United States 

Occupational Safety and Health Administration and any State of

Tennessee statute or regulation if applicable. Recognition of these

codes, statutes, regulations and standards of practice is limited to 

the test of determining whether or not a facility was operated 

properly for the purposes of preventing actual (not potential) 

noncompliance and in no way should it be viewed as the Board’s 

imposition of the standards administered by other agencies, Boards, 

or organizations. 

(III) During the period of the emergency, the permittee took all 

reasonable steps to minimize levels of emissions that exceeded the

emission standards, or other requirements in the permit. 

(IV) The permittee submitted notice of the emergency to the Technical

Secretary according to the notification criteria for malfunctions in rule 

1200-03-20-.03. For the purposes of this item 1200-03-09-

.02(11)(e)7(iii)(IV), “emergency” shall be substituted for 

“malfunctions(s)” in rule 1200-03-20-.03 to determine the relevant 

notification threshold. The notice shall include a description of the

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.02, continued) 

emergency, any steps taken to mitigate emissions, and corrective 

actions taken.

(iv) In any enforcement proceeding the permittee seeking to establish the

occurrence of an emergency has the burden of proof. 

(v) The provisions of this part 1200-03-09-.02(11)(e)7 are in addition to any

emergency, malfunction or upset requirement contained in Division 1200-3

or other applicable requirement. 

(f) Permit Issuance, Renewal, Reopening and Revision

1. Action on an Application 

(i) A permit, permit modification, or renewal may be issued only if all of the 

following conditions have been met: 

(I) The Technical Secretary has received a complete application for a 

permit, permit modification, or permit renewal, except that a 

complete application need not be received before issuance of a 

general permit under part 1200-03-09-.02(11)(e)4; 

(II) Except for modifications qualifying for the minor permit modification

procedures under subpart 1200-03-09-.02(11)(f)5(ii) or subpart

1200-03-09-.02(11)(f)5(iii), the Technical Secretary has complied

with the requirements for public participation under part 1200-03-09-

.02(11)(f)8; 

(III) The Technical Secretary has complied with the requirements for 

notifying and responding to affected States under part 1200-03-09-

.02(11)(g)2; 

(IV) The conditions of the permit provide for compliance with all 

applicable requirements and the requirements of paragraph 1200-

03-09-.02(11); 

(V) The Administrator has received a copy of the proposed permit and 

any notices required under part 1200-03-09-.02(11)(g)1 and part 

1200-03-09-.02(11)(g)2, and has not objected to the issuance of the

permit under part 1200-03-09-.02(11)(g)3 within the time period

specified therein. 

(ii) Except as otherwise required by subparagraph 1200-3-30-.06(4)(d) 

affected sources shall have final action taken on permit applications filed

with the 

Technical Secretary within 18 months of the date that they file their 

complete permit application. The Technical Secretary is authorized to set 

the due date of their initial applications to mesh with their Phase II acid rain

permit applications such that their initial permit will contain both acid rain 

requirements and standard emission/procedural requirements. The 

Technical Secretary is instructed to consider any guidance promulgated by

the Administrator relative to meshing Title V and Title IV at affected 

facilities when setting such application submittal dates. 

August, 2009 (Revised) 129
CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.02, continued) 

(iii) To the extent practicable, the Technical Secretary shall give priority to the 

processing of operating permit applications to sources which are subject to 

either paragraph 1200-03-09-.01(4) or paragraph 1200-03-09-.01(5).

Sources subject to paragraph 1200-03-09-.02(11) shall have final action

taken on permit applications filed with the Technical Secretary within 18

months of the date that their application is deemed complete. 

(iv) The Technical Secretary shall provide notice to the applicant of whether 

the application is complete within 60 days of receipt of an application in his 

office. Unless the Technical Secretary requests additional information or 

otherwise notifies the applicant of incompleteness within 60 days of receipt

of an application, the application shall be deemed complete. For 

modifications processed through minor permit modification procedures,

such as those in subpart 1200-03-09-.02(11)(f)5(ii) or subpart 1200-03-09-

.02(11)(f)5(iii) a completeness determination shall not be required of the 

Technical Secretary. An application that defaults to complete status

through the Technical Secretary’s failure to notify the applicant of its 

incompleteness within 60 days of his receipt, does not relieve the applicant 

of the duty to provide such supplemental information that the Technical

Secretary must have in order to process the permit application. 

(v) The Technical Secretary shall provide a statement that sets forth the legal 

and factual basis for the draft permit conditions (including references to the 

applicable statutory or regulatory provisions). The Technical Secretary

shall send this statement to EPA and to any other person provided that 

such person requests the statement in writing and pays a fee sufficient to 

pay for postage, copying costs and staff time to respond to the request. 

(vi) The submittal of a complete operating permit application shall not affect the

requirement that any source have a construction permit as required under 

rule 1200-03-09-.01. 

2. Requirement for a Permit 

Except as provided in the following sentence, item 1200-03-09-.02(11)(a)4(i)(I) 

Section 502(b)(10) changes, and item 1200-03-09-.02(11)(f)5(ii)(V) and item

1200-03-09-.02(11)(f)5(iii)(V), no source subject to paragraph 1200-03-09-

.02(11) may operate after the time that it is required to submit a timely and 

complete application as provided for in subpart 1200-03-09-.02(11)(d)1(i), except 

in compliance with a permit issued pursuant to paragraph 1200-03-09-.02(11). 

Consistent with the provisions of parts 1200-03-09-.02(11)(a)1 and 2, a source 

subject to paragraph 1200-03-09-.02(11) that submits a timely and complete

application for permit issuance (including for renewal) will not be considered in

violation of paragraph 1200-03-09-.02(11) until the Technical Secretary takes 

final action on the permit application, except as otherwise noted in paragraph

1200-03-09-.02(11). If the final action on a permit by the Technical Secretary has

been appealed to the Board as a contested case, the application shield will 

remain in effect until final action of the Board. This protection shall cease to 

apply if, subsequent to the completeness determination made pursuant to 

subpart 1200-03-09-.02(11)(f)1(iv), and as required by subpart 1200-03-09-

.02(11)(d)1(ii), the applicant fails to submit by the deadline specified in writing by 

the Technical Secretary any additional information identified as being needed to

process the application. 

3. Permit Renewal and Expiration 

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.02, continued) 

(i) Permits that are being renewed are subject to the same procedural

requirements, including those for public participation, affected State and 

EPA review, that apply to initial permit issuance; and 

(ii) Consistent with the provisions of part 1200-03-09-.02(11)(a)2 permit

expiration terminates the source’s right to operate unless a timely and

complete renewal application has been submitted consistent with part

1200-03-09-.02(11)(f)2 and item 1200-03-09-.02(11)(d)1(i)(III). 

4. Administrative Permit Amendments 

(i) An “administrative permit amendment” is a permit revision that: 

(I) Corrects typographical errors; 

(II) Identifies a change in the name, address, or phone number of any 

person identified in the permit, or provides a similar minor 

administrative change at the source; 

(III) Requires more frequent monitoring or reporting by the permittee; 

(IV) Allows for a change of ownership or operational control of a source 

where the Technical Secretary determines that no other change in

the permit is necessary, provided that a transfer of ownership permit 

application is filed consistent with the provisions of paragraph 1200-

03-09-.03(6) and further provided that a written agreement 

containing a specific date for transfer of permit responsibility, 

coverage, and liability between the current and new permittee has 

been submitted to the Technical Secretary; 

(V) Incorporates into the operating permit issued pursuant to paragraph 

1200-03-09-.02(11) the requirements of a construction permit issued

pursuant to rule 1200-03-09-.01 provided that the construction permit 

meets the requirements of subparagraph 1200-03-09-.02(11)(f), 

subparagraph 1200-03-09-.02(11)(g) and the compliance

requirements of subparagraph 1200-03-09-.02(11)(e).

(ii) Administrative permit amendments for purposes of the acid rain portion of 

the permit shall be governed by regulations promulgated under title IV of 

the federal Act and corresponding regulations in chapter 1200-03-30. 

(iii) Administrative permit amendment procedures shall be made according to 

the following criteria: 

(I) The Technical Secretary shall take no more than 60 days from 

receipt of a request for an administrative permit amendment to take

final action on such request, and may incorporate such changes

without providing notice to the public or affected States provided that 

he designates any such permit revisions as having been made

pursuant to part 1200-03-09-.02(11)(f)4. 

(II) After making an administrative permit amendment, the Technical 

Secretary shall submit a copy of the revised permit to the 

Administrator. 

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.02, continued) 

(III) The source may implement the changes addressed in the request for 

an administrative amendment immediately upon submittal of the 

request. 

(iv) The Technical Secretary may extend the permit shield as part of an

administrative permit amendment revision consistent with the provisions of

part 1200-03-09-.02(11)(e)6 for such revisions made pursuant to item 

1200-03-09-.02(11)(f)4(i)(V) which meet the relevant requirements of 

subparagraph 1200-03-09-.02(11)(e), subparagraph 1200-03-09-.02(11)(f) 

and subparagraph 1200-03-09-.02(11)(g) for significant permit

modifications.

(v) Proceedings to review and grant administrative permit amendments shall 

be limited to only those parts of the permit for which cause to amend

exists, and not the entire permit. 

5. Permit Modifications 

(i) A permit modification is any revision to a permit issued pursuant to

paragraph 1200-03-09-.02(11) that cannot be accomplished as an

administrative permit amendment. A permit modification for purposes of

the acid rain portion of the permit shall be governed by regulations

promulgated under Title IV of the federal Act and corresponding

regulations at chapter 1200-03-30. Proceedings to review and modify 

permits shall be limited to only those parts of the permit for which cause to

modify the permit exists, and not the entire permit. 

(ii) Minor permit modification procedures: 

(I) Minor permit modification procedures may be used only for those 

permit modifications that: 

I. Do not violate any applicable requirement; 

II. Do not involve significant changes to existing monitoring,

reporting or recordkeeping requirements in the permit; 

III. Do not require or change a case-by-case determination of an 

emission limitation or other standard required by the federal 

Act, or a source-specific determination for temporary sources 

of ambient impacts as required by the federal Act, or a visibility 

or increment analysis as required by the federal Act; 

IV. Do not seek to establish or change a permit term or condition

for which there is no corresponding underlying applicable

requirement and that the source has assumed to avoid an

applicable requirement to which the source would otherwise be

subject. Such terms and conditions include: 

A. A federally enforceable emissions cap assumed to avoid 

classification as a modification under any provision of 

Title I of the federal Act. Further, federally enforceable 

emission caps assumed to avoid classification as a

modification under chapter 1200-03-11, chapter 1200-

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.02, continued) 

30-16, Chapter 1200-03-31, paragraph 1200-03-09-

.01(4) or paragraph 1200-03-09-.01(5) are included in

the criteria of this section 1200-03-09-.02(11)(f)5(ii)(I)IV 

A. 

B. An alternate emission limit approved pursuant to section

112(i)(5) of the federal Act or rule 1200-03-31-.06; 

V. Are not modifications under Title I of the federal Act or the

federal regulations promulgated pursuant thereto. Further, the

minor permit modification process may be used only for 

changes that are not modifications under chapter 1200-03-11,

Chapter 1200-03-31, chapter 1200-03-16, paragraph 1200-03-

09-.01(4) or paragraph 1200-03-09-.01(5); and 

VI. Are not otherwise required in paragraph 1200-03-09-.02(11) to

be processed as a significant modification. 

(II) Application 

An application requesting the use of minor permit modification

procedures shall meet the requirements of part 1200-03-09-

.02(11)(d)3 and shall include the following: 

I. A description of the change, the emissions resulting from the 

change, and any new applicable requirements that will apply if

the change occurs; 

II. The source’s suggested draft permit; 

III. Certification by a responsible official, consistent with part 

1200-03-09-.02(11)(d)4, that the proposed modification meets 

the criteria for use of minor permit modification procedures and

a request that such procedures be used; and 

IV. Completed forms for the Technical Secretary to use to notify 

the Administrator and affected States as required under 

subparagraph 1200-03-09-.02(11)(g). 

(III) EPA and affected State notification. 

Within 5 working days of receipt of a complete permit modification 

application the Technical Secretary shall notify the Administrator and

affected States of the requested permit modification consistent with 

the provisions of subpart 1200-03-09-.02(11)(g)1(i) and subpart 

1200-03-09-.02(11)(g)2(i). The Technical Secretary shall promptly 

send any notice required under subpart 1200-03-09-.02(11)(g)2(ii) to 

the Administrator. 

(IV) The Technical Secretary shall not issue a final permit modification 

until after EPA’s 45-day review period or until EPA has notified the 

Technical Secretary that EPA will not object to the issuance of the 

permit modification, whichever is first, although the Technical

Secretary can approve the permit modification prior to that time.

Within 90 days of the Technical Secretary’s receipt of an application

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.02, continued) 

under minor permit modification procedures or 15 days after the end

of the Administrator’s 45-day review period under the provisions of 

subpart 1200-03-09-.02(11)(g)3, whichever is later, the Technical 

Secretary shall: 

I. Issue the permit modifications as proposed; or 

II. Deny the permit modification application; or 

III. Determine that the requested modification does not meet the 

minor permit modification criteria and should be reviewed 

under the significant modification procedures; or 

IV. Revise the draft permit modification and transmit to the

Administrator the new proposed permit modification as

required by part 1200-03-09-.02(11)(g)1.

(V) The source may make the change proposed in its minor permit 

modification immediately after it files such application. After the 

source makes the change allowed by the preceding sentence, and

until the Technical Secretary takes any of the actions specified in 

sub items 1200-03-09-.02(11)(f)5(ii)(IV)I-III the source must comply 

with both the applicable requirements governing the change and the

proposed permit terms and conditions. During this time period, the

source need not comply with the existing permit terms and

conditions it seeks to modify. However, if the source fails to comply

with its proposed permit terms and conditions during this time period, 

the existing permit terms and conditions it seeks to modify may be

enforced against it. 

(VI) Permit Shield - The permit shield under part 1200-03-09-.02(11)(e)6

may not extend to minor permit modifications. 

(VII) [Reserved] 

(iii) Group processing of minor permit modifications: 

A source may group its applications for certain modifications eligible for 

minor permit modification processing according to the following 

requirements:

(I) Criteria - Group processing of modifications may be used only for 

those permit modifications:

I. That meet the criteria for minor permit modification procedures 

under item 1200-03-09-.02(11)(f)5(ii)(I); and 

II. That are collectively below the least of the following threshold

criteria levels: 

A. 10 percent of the emissions allowed by the permit for the

emissions unit for which the change is requested; 

B. 20 percent of the applicable definition of “major source” 

in part 1200-03-09-.02(11)(b)14; or 

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

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C. 5 tons per year. 

(II) Application 

An application requesting the use of the group processing of minor 

permit modifications procedure shall meet the requirements of part

1200-03-09-.02(11)(d)3 and shall include the following: 

I. A description of the change, the emissions resulting from the 

change, and any new applicable requirements that will apply if

the change occurs; 

II. The source’s suggested draft permit; 

III. Certification by a responsible official consistent with part 1200-

03-09-.02(11)(d)4, that the proposed modification meets the

criteria for use of group processing procedures and a request

that such procedures be used. 

IV. A list of the source’s other pending applications awaiting group

processing, and a determination of whether the requested 

modification, aggregated with these other applications, equals 

or exceeds the threshold set under sub item 1200-03-09-

.02(11)(f)5(iii)(I)II. 

V. Certification, consistent with the provisions of part 1200-03-09-

.02(11)(d)4, that the source has notified EPA of the proposed 

modification. Such notification need only contain a brief

description of the requested modification. 

VI. Completed forms for the Technical Secretary to use to notify 

the Administrator and affected States as required under 

subparagraph 1200-03-09-.02(11)(g). 

(III) EPA and affected State Notification; 

On a quarterly basis or within 5 business days of receipt of an 

application demonstrating that the aggregate of a source’s pending 

applications equals or exceeds the threshold level set under sub

item 1200-03-09-.02(11)(f)5(iii)(I)II, whichever is earlier, the 

Technical Secretary promptly shall meet his obligation under subpart 

1200-03-09-.02(11)(g)1(i) and subpart 1200-03-09-.02(11)(g)2(i) to 

notify the Administrator and affected States of the requested permit

modifications. The Technical Secretary shall send any notice 

required under subpart 1200-03-09-.02(11)(g)2(ii) to the 

Administrator. 

(IV) Timetable for issuance; 

The provisions of item 1200-03-09-.02(11)(f)5(ii)(IV) shall apply to 

modifications eligible for group processing except that the Technical

Secretary shall take one of the actions specified in subitems 1200-

03-09-.02(11)(f)5(ii)(IV) I through IV within 180 days of receipt of the 

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.02, continued) 

application or 15 days after the end of the Administrator’s 45 day

review period under part 1200-03-09-.02(11)(g)3, whichever is later. 

(V) Source’s ability to make change; 

The provisions of item 1200-03-09-.02(11)(f)5(ii)(V) shall apply to 

modifications eligible for group processing. 

(VI) Permit Shield 

The provisions of item 1200-03-09-.02(11)(f)5(ii)(VI) shall apply to 

modifications eligible for group processing. 

(iv) Significant modification procedures 

(I) Criteria 

Significant modification procedures shall be used for applications

requesting permit modifications that do not qualify as minor permit 

modifications or as administrative amendments. In addition to the

criteria of the preceding sentence, a relaxation of monitoring,

reporting or recordkeeping requirements shall be considered

significant. In the event that the Technical Secretary issues a 

statement of clarification to clarify a permit requirement that is 

ambiguous or otherwise unclear, such clarification will not be 

considered a significant modification if it results in the less restrictive

interpretation, provided however, that the less restrictive

interpretation was the intent of the Technical Secretary in issuing the

original permit requirement. Nothing herein shall be construed to 

preclude the permittee from making changes consistent with

paragraph 1200-03-09-.02(11) that would render existing permit 

compliance terms and conditions irrelevant. 

(II) Significant modifications shall meet all requirements of paragraph 

1200-03-09-.02(11) including those for applications, public

participation, review by affected States, and review by EPA, as they 

apply to permit issuance and permit renewal. The Technical 

Secretary shall endeavor to process all significant permit

modification requests within 9 months after receipt of a complete

application. The Technical Secretary is directed to program the

resources of the Department’s Division of Air Pollution Control such 

that at least 51 percent of the significant modification requests are 

processed within the 9 month period on a calendar year basis. 

6. Reopening for Cause 

(i) Each issued permit shall include provisions specifying the conditions under 

which the permit will be reopened prior to the expiration of the permit. A 

permit shall be reopened and revised under any of the following

circumstances:

(I) Additional applicable requirements under the federal Act become

applicable to a major source subject to paragraph 1200-03-09-

.02(11) with a remaining permit term of 3 or more years. Such a

reopening shall be completed not later than 18 months after 

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

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promulgation of the applicable requirement. No such reopening is

required if the effective date of the requirement is later than the date 

on which the permit is due to expire, unless the original has been

extended pursuant to part 1200-03-09-.02(11)(a)2. 

(II) Additional requirements (including excess emission requirements) 

become applicable to an affected source under the acid rain

program. Upon approval by the Administrator, excess emissions

offset plans shall be deemed to be incorporated into the permit. 

(III) The Technical Secretary or EPA determines that the permit contains 

a material mistake or that inaccurate statements were made in

establishing the emissions standards or other terms or conditions of 

the permit. 

(IV) The Technical Secretary or EPA determines that the permit must be 

revised or revoked to assure compliance with the applicable

requirements.

(ii) Proceedings to reopen and issue a permit shall follow the same

proceedings as apply to initial permit issuance and shall affect only those

parts of the permit for which cause to reopen exists, and not the entire 

permit. Such reopening shall be made as expeditiously as practicable. 

(iii) Reopening under subpart 1200-03-09-.02(11)(f)6(i) shall not be initiated

before a notice of such intent is provided to the permittee by the Technical

Secretary at least 30 days in advance of the date that the permit is to be

reopened except that the Technical Secretary may provide a shorter time

period in the case of an emergency. An emergency shall be established

by the criteria of T.C.A. 68-201-109 or other compelling reasons that public 

welfare is being adversely effected by the operation of a source that is in

compliance with its permit requirements.

7. Reopenings for Cause by EPA 

(i) If the Administrator finds that cause exists to terminate, modify, or revoke

and reissue a permit pursuant to part 1200-03-09-.02(11)(f)6, he is 

required under federal rules to notify the Technical Secretary and the

permittee of such findings in writing. Upon receipt of such notification, the

Technical Secretary shall investigate the matter in order to determine if he 

agrees or disagrees with the Administrator’s findings. If he agrees with the

Administrator’s findings, the Technical Secretary shall conduct the

reopening in the following manner: 

(ii) The Technical Secretary shall within 90 days after receipt of such

notification, forward to EPA a proposed determination of termination,

modification, or revocation and reissuance, as appropriate. If the 

Administrator grants additional time to secure permit applications or

additional information from the permittee, the Technical Secretary shall

have the additional time period added to the standard 90 day time period. 

(iii) EPA will evaluate the Technical Secretary’s proposed revisions and 

respond as to their evaluation. 

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

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(iv) If EPA agrees with the proposed revisions, the Technical Secretary shall 

proceed with the reopening in the same manner prescribed under subparts 

1200-03-09-.02(11)(f)6(ii) and (iii). 

(v) If the Technical Secretary disagrees with either the findings of the 

Administrator that a permit should be reopened or an objection of the

Administrator to a proposed revision to a permit submitted pursuant to

subpart 1200-03-09-.02(11)(f)7(ii), he shall bring the matter to the Board at

its next regularly scheduled meeting for instructions as to how he should

proceed. The permittee shall be required to file a written brief expressing

their position relative to the Administrator’s objection and have a 

responsible official present at the meeting to answer questions of the

Board. If the Board agrees that EPA is wrong in their demand for a permit

revision, they shall instruct the Technical Secretary to conform to EPA’s 

demand, but to issue the permit under protest preserving all rights 

available for litigation against EPA. 

8. Public Participation 

(i) Except for modifications qualifying for minor permit modifications 

procedures, all permit proceedings, including initial permit issuance, 

significant modifications and renewals, shall provide adequate procedures

for public notice including offering an opportunity for public comment and a

hearing on the draft permit. These procedures shall include the following: 

(I) Notice shall be given by the applicant by publication in a newspaper 

of general circulation in the area where the source is located or by 

other means designated by the Technical Secretary if necessary to

assure adequate notice to the affected public. The applicant shall

bear the expense of the newspaper notice. Notice shall also be 

given by the Technical Secretary to persons on a mailing list who

meet the following criteria:

I. Such persons shall request to be on the list in writing on an 

annual basis.

II. Such persons shall pay a fee of $10.00 per year to the

Department to defray the cost of postage and handling and list

management. 

(II) The notice shall identify the facility to be permitted; the name and 

address of the permittee; the Technical Secretary and his address;

the activity or activities involved in the permit action; the emission

change involved in any permit modification; the name, address and

telephone number of a person from whom interested parties may 

obtain additional information, including copies of the permit draft, the 

application, all relevant supporting materials including the source’s 

compliance plan and monitoring reports, and all other materials 

available to the Technical Secretary that are relevant to the permit 

decision. These materials will be placed in a public depository for 

public inspection. Those persons unwilling to view these materials at 

the public depositories may request copies to be mailed to them at a 

cost of $0.50 (50 cents) per page. The notice shall also include a 

brief description of the comment procedure specified in part 1200-

03-09-.02(11)(f)8; and the time and place of any hearing that may be

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.02, continued) 

held, including a statement of procedures to request a hearing

(unless a hearing has already been scheduled); 

(III) The Technical Secretary shall provide such notice and opportunity 

for participation by affected States as is provided for by 

subparagraph 1200-03-09-.02(11)(g); 

(IV) The Technical Secretary shall provide at least 30 days for public 

comment and shall give notice of any public hearing at least 30 days 

in advance of the hearing. 

(V) The Technical Secretary shall keep a record of the commentors and

also of the issues raised during the public participation process so

that the Administrator may fulfill his obligation under Section

505(b)(2) of the federal Act to determine whether a citizen petition

may be granted, and such records shall be available to both the

public and the applicant. 

(g) Permit Review by EPA and Affected States 

1. Transmission of Information to the Administrator 

(i) The Technical Secretary shall provide a copy of each permit application

submitted pursuant to the provisions of paragraph 1200-03-09-.02(11) to 

the Administrator. Upon agreement with the Administrator the Technical

Secretary is permitted to send less than a complete copy to the

Administrator as long as the Administrator is satisfied with the level of 

detail in the partial submittal. Additionally, the Technical Secretary shall

provide the Administrator a copy of each proposed permit and each final

permit that will be issued to a source subject to the provisions of paragraph 

1200-03-09-.02(11). 

(ii) The Technical Secretary shall keep for 5 years such records and submit to 

the Administrator such information as the Administrator may reasonably

require to ascertain whether or not the provisions of paragraph 1200-03-

09-.02(11) are being followed. 

2. Review by affected States

(i) The Technical Secretary shall give notice of each draft permit prepared

pursuant to the provisions of paragraph 1200-03-09-.02(11) to any affected 

State on or before the time that he provides this notice to the public under 

part 1200-03-09-.02(11)(f)8, except to the extent that subpart 1200-03-09-

.02(11)(f)5(ii) or subpart 1200-03-09-.02(11)(f)5(iii) requires the timing of 

the notice to be different. The affected State review and comment period

shall close simultaneously with the closure of the public review and

comment period. The affected States will have thirty days to review and 

comment upon minor modifications. 

(ii) The Technical Secretary shall notify the Administrator and any affected

State in writing of his refusal to accept all recommendations for the

proposed permit that the affected State submitted during the public or

affected State review period. Said notice shall be filed when the proposed

permit is sent to the Administrator or as soon as possible after the

submittal for minor permit modification procedures allowed under subpart 

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.02, continued) 

1200-03-09-.02(11)(f)5(ii) or subpart 1200-03-09-.02(11)(f)5(iii). The notice 

shall include the Technical Secretary’s reasons for not accepting any such

recommendation. The Technical Secretary is not required to accept

recommendations that are not based upon applicable requirements or the 

requirements of 40 C.F.R. Part 70. 

3. EPA Objection

(i) No permit for which an application must be transmitted to the Administrator 

under part 1200-03-09-.02(11)(g)1 shall be issued if the Administrator 

objects to its issuance in writing within 45 days of receipt of the proposed

permit and its level of supporting information as prescribed in subpart

1200-03-09-.02(11)(g)1(i).

(ii) The Technical Secretary shall respond to the objections of the 

Administrator and restructure the permit consistent with the provisions of

the federal Act, federal regulations promulgated thereunder or any lawfully 

promulgated federal policy and the provisions of the State Act, the 

regulations comprising division 1200-03 and any policies of the Board. 

4. Public Petitions to the Administrator

Any person can petition the Administrator to object to a permit according to the

criteria of 40 C.F.R. 70.8(d). An objection to a permit by the Administrator that is 

filed in response to a public petition under the provisions of paragraph 40 C.F.R. 

70.8(d) shall be answered by the Technical Secretary in the same manner 

prescribed by subpart 1200-03-09-.02(11)(g)3(ii). If the Technical Secretary has

issued the permit prior to the Administrator’s objection in response to a public

petition, the Administrator’s modification, revocation or termination of the issued

permit shall not cause the source to be in violation of the requirement to have 

submitted a timely and complete application as specified in part 1200-03-09-

.02(11)(d)1 and in keeping with the application shield provisions of part 1200-03-

09-.02(11)(f)2. If the Technical Secretary disagrees with the Administrator’s 

objections and demand for revision of the permit, the provisions of subpart 1200-

03-09-.02(11)(f)7(v) shall apply.

Authority: T.C.A. §§68-201-105 and 4-5-202 et. seq. Administrative History: Original rule certified 

June 7, 1974. Amendment filed and effective February 9, 1977. Amendment filed and effective March

21, 1979. Amendment filed May 17, 1990; effective July 1, 1990. Amendment filed July 8, 1994; 

effective September 20, 1994. Amendment filed May 11, 1998; effective July 25, 1998. Amendment filed

October 15, 1998; effective December 28, 1998. Amendment filed November 12, 1998; effective January 

26, 1999. Amendment filed December 14, 1999; effective February 27, 2000. Amendment filed

December 30, 1999; effective March 14, 2000. Amendments filed February 24, 2009; effective May 10,

2009. 

1200-03-09-.03 GENERAL PROVISIONS. 

(1) Irrespective of the provisions of the preceding paragraphs of this chapter, the owner or 

operator of any air contaminant source shall be responsible for complying with emission

regulations as contained in other chapters of these regulations at the earliest practicable time

and for this purpose the Board shall have the authority and responsibility to require

compliance with these regulations at an earlier date than indicated where such earlier 

compliance may reasonably be accomplished. 

August, 2009 (Revised) 140
CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.03, continued) 

(2) No person shall use any plan, activity, device, or contrivance which the Technical Secretary

determines will, without resulting in an actual reduction of air contaminants, conceal or 

appear to minimize the effects of an emission which would otherwise constitute a violation of 

these regulations. Methods considered circumvention of the regulations include but are not 

limited to the following: 

(a) Air (or other gases) introduced for dilution purposes only. 

(b) The staggered installation and operation of a facility to avoid coverage by a standard

that applies only to operations larger than a specified size. 

(3) No person shall discharge from any source whatsoever such quantities of air contaminant, 

uncombined water, or other materials which cause a traffic hazard. 

(4) Any person affected by any of these regulations shall file emissions data with the Technical

Secretary on forms available from the Secretary. If any changes are made that invalidate this

data, the owner or operator shall file within thirty (30) days new forms with the appropriate

revisions to the data. 

(5) Any source operating under a variance or Board Order (whether effective under T.C.A. §§68-

25-116 or 68-25-118) shall prominently and conspicuously display a copy of said variance or

Board Order on the operating premises.

(6) An operation and/or construction permit is not transferable from one person to another 

person, nor from one air contaminant source to another air contaminant source, nor from one 

location to another location. Applications for construction permits by the new owner or

operator of the new air contaminant source, or by the owner or operator of the air 

contaminant source at the new location shall be required as if there had been no previous 

construction permit issued. The new construction permit will address only rules in effect at 

the time of its issuance. 

(7) The Technical Secretary may suspend or revoke any construction or operating permit if the

permit holder fails to comply with the provisions, stipulations, or compliance schedules

specified in the permit; all provisions of these regulations; and all provisions of the

Tennessee Air Quality Act. Upon permit suspension or revocation, if the permit holder fails to 

take remedial action, he shall become immediately subject to enforcement actions prescribed

by law. 

(8) The Technical Secretary may include on all permits issued under the Tennessee Air Quality

Act conditions to directly impose all provisions applicable to sources that are necessary

under the federal Clean Air Act and effective federal regulations pursuant to this act, e.g., 

National Emission Standards for Hazardous Air Pollutants, as well as provisions necessary

under Tenn. Code Ann. 68-201-101 et. seq. and rules of this Division 1200-03. Issuance of a

permit containing conditions imposing such applicable provisions necessary under the federal

Clean Air Act and effective federal regulations pursuant to this act shall not be treated as a

repeal by implication of any otherwise applicable provisions of Division 1200-03. That is, 

simply the inclusion of such conditions containing federal standards or requirements that are

less restrictive than standards or requirements in Division 1200-03 concerning the same

matter shall not thereby effect a relaxation of the more restrictive provisions of Division 1200-

03. 

Authority: T.C.A. §§68-25-105, 68-201-105, and 4-5-202 et. seq. Administrative History: Original 

rule certified June 7, 1974. Amendment filed and effective February 9, 1977. Amendment filed and 

effective November 6, 1988. Amendment filed May 17, 1990; effective July 1, 1990. Amendment filed 

August, 2009 (Revised) 141
CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.03, continued) 

July 20, 1999; effective October 2, 1999. Amendment filed July 22, 2003; effective October 5, 2003. 

Amendment filed February 24, 2009; effective May 10, 2009. 

1200-03-09-.04 EXEMPTIONS. 

(1) The exemptions listed in paragraph (4) of this rule, do not apply if an air contaminant source

is subject to a standard or requirement contained in the following except where specifically 

stated: 

Chapter 1200-03-11 (Hazardous air contaminants) 

Chapter 1200-03-18 (Volatile organic compounds) 

Chapter 1200-03-19 (Emission standards and monitoring requirements for additional control 

areas) 

Chapter 1200-03-22 (Lead emission standards) 

Chapter 1200-03-27 (Nitrogen oxides) 

Paragraph 1200-03-31-.05(2) (Case by case determinations of hazardous air pollutant 

requirements) 

In addition, the exemption provided for the air contaminant sources in paragraph (4) of this

rule does not exempt them from inclusion in determining if a major stationary source or major 

modification construction permit is required under paragraph 1200-03-09-.01(4) and

paragraph 1200-03-09-.01(5). 

(2) (a) Definitions. 

As used in paragraphs (1), (2), (3), and (4) of this Rule, all terms not defined herein 

shall have the meaning given them in Paragraph 1200-03-09-.02(11) and Chapter 

1200-03-02 with the terms in Paragraph 1200-03-09-.02(11) taking precedence over

Chapter 1200-03-02. 

1. “Emissions unit” means any part or activity of a stationary source that emits or 

has the potential to emit any regulated air pollutant or any pollutant listed in

paragraph 1200-03-31-.02(6). Emissions unit includes within its meaning the 

smallest discrete or identifiable structure, device, item, equipment, or enclosure

or group of discrete or identifiable structures, devices, items, equipment, or

enclosures that emit or have the potential to emit any regulated air pollutant or

any pollutant listed in paragraph 1200-03-31-.02(6). A point of origin of fugitive 

emissions resulting from equipment leaks of individual pieces of equipment, e.g., 

valves, flanges, pumps, and compressors, shall not be considered an individual 

emissions unit. Such equipment leaks shall be collectively considered an

emissions unit based on their relationship to the associated process unit and 

shall be considered separately from other emissions from the process unit when

defining insignificant emissions. 

2. “Fugitive emissions” are those emissions which could not reasonably pass 

through a stack, chimney, vent, or other functionally-equivalent opening. 

3. “Insignificant activity” or “insignificant emissions unit” means any activity or 

emissions unit at a stationary source for which the emissions unit or activity has 

a potential to emit less than 5 tons per year of each air contaminant and each

regulated air pollutant that is not a hazardous air pollutant, and less than 1,000 

pounds per year of each hazardous air pollutant. 

4. “Potential to emit” means the maximum capacity of a stationary source to emit 

any air pollutant under its physical and operational design. Any physical or

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.04, continued) 

operational limitation on the capacity of a source to emit an air pollutant, 

including air pollution control equipment and restrictions on hours of operation or 

on the type or amount of material combusted, stored, or processed, shall be

treated as part of its design if the limitation is federally enforceable.

5. “Process unit” means equipment assembled and connected by pipes or ducts to

manufacture an intended product. A process unit can operate independently if

supplied with sufficient feed or raw materials and sufficient storage facilities for 

the product. 

6. “Regulated air pollutant” has the same definition as found in subparagraph 1200-

03-09-.02(11)(b)19. 

7. “Stationary source” means any building, structure, facility, or installation that

emits or may emit any regulated air pollutant or any pollutant listed under 

paragraph 1200-03-31-.02(6). 

8. “Applicable requirement” has the same definition as in part 1200-03-09-.02 

(11)(b)5. 

9. “Federally enforceable” means any emission standard and/or procedural 

requirement that can be enforced against an air contaminant source by EPA or 

citizens under authority granted them by the Federal Act. 

10. “Hazardous air pollutant” means any air contaminant regulated in Chapter 1200-

03-11, or listed in Chapter 1200-03-31-.02(6). 

(b) Notwithstanding the exemptions granted in paragraph 1200-03-09-.04(4), no person

shall discharge, from any source whatsoever, such quantities of air contaminants or

other materials which cause or have a tendency to cause injury, detriment, annoyance,

or adverse effect to the public. 

(c) Notwithstanding any other provision of Division 1200-3, no emissions unit or activity

subject to a federally enforceable applicable requirement (other than generally

applicable requirements of the state implementation plan) shall qualify as an

insignificant emissions unit or activity. For purposes of this paragraph, generally

applicable requirements of the state implementation plan are those federally

enforceable requirements that apply universally to all emission units or activities 

without reference to specific types of emission units or activities except for the sulfur

dioxide standards for those categories and classes included in Chapter 1200-03-14. 

(d) Designation of an emissions unit or activity as insignificant for purposes of this rule

does not exempt the unit or activity from any applicable requirement. 

(e) The emissions from any exempt air contaminant source shall comply with all applicable

rules and regulations of the Tennessee Air Pollution Control Board. 

(3) Any person may request that a federally enforceable permit be issued for any of the air

contaminant sources that are exempted in paragraph 1200-03-09-.04(4). “Federally 

enforceable” shall have the meaning as provided in paragraph 1200-03-09-.02(11). 

(4) The list of exempted air contaminant sources contained in this paragraph shall not be used

as “insignificant activities” or “insignificant emission units” when applying for a major source

operating permit under paragraph 1200-03-09-.02(11). These exemptions shall not be used

to lower the source’s potential to emit below “major source” applicability thresholds or to 

August, 2009 (Revised) 143
CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.04, continued) 

avoid any “applicable requirement”. Otherwise, no person shall be required to obtain or file a 

request for a permit due to ownership, operation, construction, or modification of the following

types of air contaminant sources unless specifically required to do so by the Board or as

provided for in paragraph (3) of this rule: 

(a) Any “insignificant activity” or “insignificant emissions unit”: 

In order to receive designation as an “insignificant activity” or “insignificant emissions 

unit”, a written notification must be submitted to the Technical Secretary. The 

notification for designation shall include calculations and sufficient documentation to

substantiate the applicant’s claim. Upon receipt of the notification, the Technical

Secretary will respond with a determination of agreement or disagreement with the 

applicant’s claim. In issuance of determination as “insignificant”, the Technical

Secretary may base the determination upon any criteria that are relevant to the 

determination. For new sources, the request for designation must be made at least 30

days prior to the estimated starting date of construction. For new sources, if it is

determined that the emissions unit does not qualify as an “insignificant emissions unit”, 

the source must apply for a construction permit. The request for designation as an

“insignificant emissions unit” may be made at any time for an existing source. In the 

absence of being designated as an “insignificant emissions unit” by the Technical

Secretary under subparagraph 1200-03-09-.04 (4)(a) or in the absence of being 

exempt under subparagraphs 1200-03-09-.04 (4)(b) or 1200-03-09-.04 (4)(c), any 

emission unit or activity must have a valid construction and / or operating permit. 

(b) The categorical emission units or activities listed in subparagraph 1200-03-09-.04(5)(f), 

excluding parts 1. and 2. 

To be categorically insignificant, with the exception of parts 19. and 84., the emissions 

unit or activity must have a potential to emit less than 5 tons per year of each air 

contaminant and each regulated air pollutant that is not a hazardous air pollutant, and 

less than 1,000 pounds per year of each hazardous air pollutant. Such emission units

or activities, with the exception of parts 19. and 84., are not required to be listed in the

construction or operating permit applications for the facility. 

(c) The emission units or activities listed in subparagraph 1200-03-09-.04(5)(g). Such

emission units or activities are not required to be listed in the construction or operating

permit applications for the facility. 

(d) Any one of the following emission units or activities:

Such emission units or activities are not required to be listed in the construction or

operating permit applications for the facility. 

1. Fuel burning equipment of less than 500,000 Btu per hour capacity. This 

exemption shall not apply where the total capacity of such equipment operated 

by one person exceeds 2.00 million Btu per hour. 

2. Single stack of an air contaminant source that emits no hazardous air 

contaminants or pollutants, and which does not have the potential for emitting 

more than 0.50 pounds per hour of nonhazardous particulates and 0.5 pounds 

per hour of any regulated nonhazardous gas (particulates and gases not defined

as hazardous air contaminants or pollutants), provided that the total potential 

particulate emissions from the air contaminant source amounts to less than two

(2) pounds per hour, and the total regulated gaseous emissions from the air 

contaminant source amounts to less than two (2) pounds per hour. For the 

August, 2009 (Revised) 144
CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.04, continued) 

purpose of this part, an air contaminant source includes all sources located 

within a contiguous area, and under common control. 

3. Any air contaminant source constructed and operated at a domestic residence 

solely for domestic use. 

4. Equipment used exclusively to store, hold, or distribute natural gas or propane 

excluding all associated fuel burning equipment not specifically exempted. 

5. Brazing, soldering, or welding equipment which does not emit lead in amounts 

equal to or greater than 0.6 tons per year. 

6. Sources within the counties of Shelby, Davidson, Hamilton, and Knox until such

time as the Board shall determine that air pollution is not being controlled in such 

county to a degree at least as stringent as the substantive provisions of the 

Tennessee Air Quality Act and regulations adopted pursuant thereto. This 

exemption does not apply to any air contaminant source in those counties if the

local regulation is less stringent than the applicable state regulation. 

7. Automobile body shops - including paint spraying, grinding and polishing

operations. This exemption does not apply to sources in ozone nonattainment

areas which emit more than 15 pounds per day of volatile organic compounds. 

8. Any process emission source emitting less than 0.1 pounds per hour of a 

pollutant. 

9. Any emission unit with the potential to emit radionuclides which will result in a

dose to the most exposed member of the public of less than 0.1 millirem per 

year. Even though radionuclide air contaminant sources are regulated under

Chapter 1200-03-11, this exemption is still valid except that recordkeeping and 

reporting requirements must be met. 

10. Any modification (as defined in Rule 1200-03-02-.01) to an existing process 

emission source, incinerator, or fuel-burning installation to add sources of 

equipment leaks (e.g. valves, flanges, pumps, compressors, etc.) as long as the

estimated increase in annual emissions attributable to the modification does not 

exceed 5 tons per year. However, such emissions increases shall be considered

when making major modification determinations pursuant to paragraphs 1200-

03-09-.01(4) and (5). 

11. All livestock (including poultry) operations and associated fuel burning and

incineration equipment. This exemption from permitting requirements does not

extend to: 

(i) An incineration unit which has a manufacturer’s rated capacity greater than

500 pounds per hour or has a total burner rated capacity greater than

400,000 Btu per hour. 

(ii) An incineration unit into which is charged materials or wastes other than

livestock and poultry carcasses; or

(iii) A commercial incineration unit. 

12. All storage tanks with a capacity less than 10,000 gallons and all process tanks 

with a capacity less than 3,000 gallons. 

August, 2009 (Revised) 145
CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.04, continued) 

13. Mobile sources such as: automobiles, trucks, buses, locomotives, planes, boats, 

and ships. This exemption only applies to the emissions from the internal

combustion engines used exclusively to propel such vehicles. 

14. Diesel fuel or fuel oil storage tanks with a capacity of forty thousand (40,000)

gallons or less. 

15. Surface coating and degreasing operations which do not exceed a combined 

total usage of more than 60 gallons/month of coatings, thinners, clean-up 

solvents, and degreasing solvents at any one plant location, and does not 

exceed 1,000 pounds per year of each hazardous air pollutant. 

16. Repair and maintenance, cleaning and degreasing operations which do not

exceed more than 145 gallons in any twelve (12) month period, and does not

exceed 1,000 pounds per year of each hazardous air pollutant. 

17. Fuel burning sources that are either gas fired or #2 oil fired with a heat input rate 

under 10 million Btu/hour, where the combined total heat input rate at each 

location does not exceed 10 million Btu/hour. 

18. Machining of metals where total solvent usage does not exceed more than 60

gallons/month at any one plant location, and does not exceed 1,000 pounds per 

year of each hazardous air pollutant. 

19. Equipment used exclusively for steam or dry cleaning of fabrics, plastics, rubber, 

wood, or vehicle engines or drive trains, provided the total solvent usage on all

equipment of this type at the same plant location is less than 60.0 gallons per 

month, and does not exceed 1,000 pounds per year of each hazardous air 

pollutant. 

20. Heat treating, soaking, case-hardening, or surface conditioning of metal objects, 

such as carbonizing, nitriding, carbonnitriding, siliconizing, or diffusion treating

using sweet natural gas or liquid petroleum gas as in process fuel and where the

heat input rate is under 10 million Btu per hour. 

21. Natural gas fired and #2 oil fired ovens which have no emissions other than

products of combustion which have a heat input rate under 10 million Btu per 

hour. 

22. Degreasing operations with solvent usage less than 30 gallons/month, and where

hazardous air pollutant emissions are less than 1,000 pounds per year. 

23. Silk screen operations with solvent usage less than 30 gallons per month, and 

where hazardous air pollutant emissions are less than 1,000 pounds per year. 

24. The procedures for the on-site remediation of soil or water contaminated with 

organic compounds as follows: 

(i) Landspreading, aeration or bioremediation of contaminated soil. 

(ii) Negative pressure venting of contaminated soil, provided the remediation

is completed within 18 months and volatile organic compound emissions 

do not exceed one (1) pound per hour. 

August, 2009 (Revised) 146
CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.04, continued) 

(iii) Installation and use of air strippers for treatment of contaminated water,

provided the remediation is completed within 18 months, and the

emissions are no more than 5 tons per year of any regulated pollutant that 

is not a hazardous air pollutant, and less than 1,000 pounds per year of

each hazardous air pollutant. 

25. Temporary-use air curtain destructors or temporary-use air curtain incinerators 

used in disaster recovery solely for disposal of materials resulting from a natural 

disaster, and when conducted in conformity with the following conditions: 

(i) Fires disposing of structural and household materials and vegetation are

allowed only when those structures or materials are destroyed or severely 

damaged by natural disaster. The air curtain destructor or air curtain

incinerator shall only be used to combust debris in an area declared a 

State of Emergency by a local or State government, or the President,

under the authority of the Stafford Act, has declared that an emergency or 

a major disaster exists in the area. Input from Emergency Management

personnel may be requested in determining qualification with this criterion. 

(ii) The maximum rated capacity for each temporary-use air curtain destructor 

or temporary-use air curtain incinerator shall not exceed 35 tons per day

per unit. 

(iii) The persons using temporary-use air curtain destructors or temporary-use 

air curtain incinerators under this provision must make a reasonable effort 

to remove all tires and other rubber products, vinyl shingles and siding,

vinyl flooring, carpet, other plastics, asphalt shingles and other asphalt 

roofing materials, and/or asbestos containing materials from the materials 

to be burned before ignition. The Technical Secretary reserves the right to

inspect the proposed materials to be burned before ignition. The 

alternative use of chippers and grinders, landfilling, or on-site burial of 

waste in lieu of burning, if lawful, is encouraged. 

(iv) The person responsible for such burning must notify the Division of Air 

Pollution Control of the proposed location. The notification must be 

delivered to the Division of Air Pollution Control at the appropriate regional 

Environmental Field Office at least three (3) days prior to commencing the

burn. The Division may request that alternate sites be identified to

minimize impact to air quality. The alternative use of chippers and grinders 

in lieu of burning is encouraged. 

(v) No fire shall be ignited while any air pollution emergency episode is in

effect in the area of the burn. 

(vi) The air curtain destructor or air curtain incinerator shall only be used during

a period that begins on the date the unit started operation and lasts 8

weeks or less within the boundaries of the same emergency or disaster

declaration area. 

(vii) Disposal via temporary-use air curtain destructors or temporary-use air 

curtain incinerators conducted under this exception is only allowed where

no other safe and/or practical means of disposal is available. 

(viii) The Technical Secretary reserves the right to require a person to cease or

limit burning if emissions from the air curtain destructor or air curtain

August, 2009 (Revised) 147
CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.04, continued) 

incinerator are deemed by the Technical Secretary or his designee to

jeopardize public health or welfare, create a public nuisance or safety 

hazard, create a potential safety hazard, or interfere with the attainment or

maintenance of the air quality standards.

(5) Major Source Operating Permits Insignificant Emission Units 

(a) Definitions.

As used in this Rule, all terms not defined herein shall have the meaning given them in

Paragraph 1200-03-09-.02(11) and Chapter 1200-03-02 with the terms in Paragraph

1200-03-09-.02(11) taking precedence over Chapter 1200-03-02. 

1. “Emissions unit” means any part or activity of a stationary source that emits or 

has the potential to emit any regulated air pollutant or any pollutant listed in

paragraph 1200-03-31-.02(6). Emissions unit includes within its meaning the 

smallest discrete or identifiable structure, device, item, equipment, or enclosure

or group of discrete or identifiable structures, devices, items, equipment, or

enclosures that emit or have the potential to emit any regulated air pollutant or

any pollutant listed in paragraph 1200-03-31-.02(6). A point of origin of fugitive 

emissions resulting from equipment leaks of individual pieces of equipment, e.g., 

valves, flanges, pumps, and compressors, shall not be considered an individual 

emissions unit. Such equipment leaks shall be collectively considered an

emissions unit based on their relationship to the associated process unit and 

shall be considered separately from other emissions from the process unit when

defining insignificant emissions. 

2. “Federal Act” has the same definition as found in subparagraph 1200-03-09-

.02(11)(b). 

3. “Fugitive emissions” are those emissions which could not reasonably pass 

through a stack, chimney, vent, or other functionally-equivalent opening. 

4. “Insignificant activity” or “insignificant emissions unit” means any activity or 

emissions unit which qualifies as insignificant based on any one of the following: 

(i) Any air emissions from an air emissions unit or activity at a stationary

source for which the emissions unit or activity has a potential to emit less 

than 5 tons per year of each regulated air pollutant that is not a hazardous 

air pollutant, and less than 1,000 pounds per year of each hazardous air 

pollutant. Such emission units and activities or types of emission units and

activities must be listed in the permit application. 

(ii) The emission unit or activity, with the exception of parts 19. and 84., is 

listed in subparagraph (5)(f) as not having to be included in a Title V 

application. For an activity listed in subparagraph (5) (f), with the exception

of parts 1., 2., 19., and 84., the emissions unit or activity must have a 

potential to emit less than 5 tons per year of each regulated air pollutant 

that is not a hazardous air pollutant, and less than 1,000 pounds per year

of each hazardous air pollutant. 

(iii) The emission unit or activity is listed in subparagraph (5)(g) as not having 

to be included in a Title V application. 

August, 2009 (Revised) 148
CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.04, continued) 

(iv) Any emission unit with the potential to emit radionuclides which will result 

in a dose to the most exposed member of the public of less than 0.1

millirem per year. Such emission unit must be listed in the permit 

application. 

(v) Any emission units or activities considered by the Division to be

insignificant and approved by EPA. The Division shall maintain a list of

emission units or activities which are considered to be insignificant by the

Division and EPA. Such emission units or activities must be listed in the 

permit application. 

5. “Potential to emit” means the maximum capacity of a stationary source to emit 

any air pollutant under its physical and operational design. Any physical or

operational limitation on the capacity of a source to emit an air pollutant, 

including air pollution control equipment and restrictions on hours of operation or 

on the type or amount of material combusted, stored, or processed, shall be

treated as part of its design if the limitation is enforceable by the Administrator. 

This term does not alter or affect the use of this term for any other purposes 

under the Federal Act, or the term “capacity factor” as used in title IV of the

Federal Act or the Federal regulations promulgated thereunder or chapter 1200-

03-30. 

6. “Process unit” means equipment assembled and connected by pipes or ducts to

manufacture an intended product. A process unit can operate independently if

supplied with sufficient feed or raw materials and sufficient storage facilities for 

the product. 

7. “Regulated air pollutant” has the same definition as found in subparagraph 1200-

03-09-.02(11)(b). 

8. “Stationary source” means any building, structure, facility, or installation that

emits or may emit any regulated air pollutant or any pollutant listed under 

paragraph 1200-03-31-.02(6). 

9. “Major source” has the same definition as in part 1200-03-09-.02(11)(b)14. 

10. “Applicable requirement” has the same definition as in part 1200-03-09-.02 

(11)(b)5. 

11. “EPA” or the “Administrator” means the Administrator of the EPA or his designee. 

12. “Permit revision” means any permit modification or administrative permit 

amendment. 

13. “Renewal” means the process by which a permit is reissued at the end of its 

term. 

14. “Federally enforceable” means any emission standard and/or procedural 

requirement that can be enforced against an air contaminant source by EPA or 

citizens under authority granted them by the Federal Act. 

15. “Hazardous air pollutant” means any air contaminant regulated in Chapter 1200-

03-11, or listed in Chapter 1200-03-31-.02(6). 

(b) General 

August, 2009 (Revised) 149
CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.04, continued) 

1. This paragraph contains criteria for identifying insignificant emission units or

activities for purposes of issuance of major stationary source operating permits,

Paragraph 1200-03-09-.02(11). 

2. Notwithstanding the classifications as insignificant emissions units or activities 

granted in this paragraph, no person shall discharge, from any source

whatsoever, such quantities of air contaminants or other materials which cause

or have a tendency to cause injury, detriment, annoyance, or adverse effect to 

the public. 

3. Designation of an emission unit or activity as insignificant for purposes of this 

paragraph and paragraph 1200-03-09-.02(11) does not exempt the unit or 

activity from any applicable requirement. 

4. No insignificant activities or emission units shall be exempt from inclusion in the 

permit application if the information omitted is needed to: 

(i) Determine or impose any applicable requirement, or the requirement to

obtain a permit under paragraph 1200-03-09-.02(11).

(ii) Determine if a source is major. 

(c) Applicable Requirements 

1. Notwithstanding any other provision of paragraph 1200-03-09-.02(11), no 

emissions unit or activity subject to a federally enforceable applicable

requirement (other than generally applicable requirements of the state 

implementation plan) shall qualify as an insignificant emissions unit or activity. 

For purposes of this paragraph, generally applicable requirements of the state 

implementation plan are those federally enforceable requirements that apply 

universally to all emission units or activities without reference to specific types of

emission units or activities except for the sulfur dioxide standards for those 

categories and classes included in Chapter 1200-03-14. 

2. The permit application shall list and the permit shall contain all generally 

applicable requirements that apply to insignificant emission units or activities at 

the major source. For compliance purposes, the Technical Secretary may require 

monitoring, recordkeeping, and reporting for insignificant emission units or

activities. 

3. Any emission unit or activity which is a subset of a process emission source, fuel 

burning installation, or incinerator, and which has a potential to emit less than 5

tons per year of a regulated air pollutant , by annual certification of compliance

as required in item 1200-03-09-.02(11)(d)1.(ii)(I), may, at the discretion of the 

Technical Secretary, be considered to meet the monitoring and related

recordkeeping and reporting requirements of subpart 1200-03-09-.02(11)(e)1.(iii) 

and 1200-03-10-.04(2)(b)(1), and the compliance requirements of subpart 1200-

03-09-.02(11)(e)3.(i) for that regulated air pollutant except where generally 

applicable requirements of the state implementation plan specifically impose 

monitoring and related record keeping and reporting requirements, or except

where any applicable procedures and methods are required pursuant to rule

1200-3-10-.04. This provision shall not relieve any emissions unit or activity from 

any applicable standard or requirement under Chapters 1200-03-11 and 1200-

03-31, and subparagraph 1200-03-2-.01(1)(dd). 

August, 2009 (Revised) 150
CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.04, continued) 

(d) (Reserved)

(e) Documentation 

1. Upon request from the Technical Secretary the applicant must provide sufficient

documentation to enable the Technical Secretary to determine that the emission

unit or activity has been appropriately listed on the permit application as

insignificant. 

2. Upon request from the Technical Secretary, at any time during the term of the 

permit, an applicant who lists an activity or emissions unit as insignificant under 

subpart 1200-03-09-.04(5)(a)4.(i) of this paragraph shall demonstrate to the

Technical Secretary that the actual emissions of the unit or activity are below the

emission thresholds listed in that subpart.

(f) Unless specifically required under part 1200-03-09-.04(5)(b)4., the following emission 

units or activities, or stationary sources that qualify as ‘insignificant activities’, with the

exception of parts 19. and 84. of this subparagraph, are not required to be included in a

permit application under paragraph 1200-03-09-.02(11). For the following listed

activities to be considered insignificant, with the exception of parts 1., 2., 19., and 84 of 

this subparagraph, the emissions unit or activity must have a potential to emit less 

than 5 tons per year of each regulated air pollutant that is not a hazardous air pollutant 

and less than 1000 pounds per year of each hazardous air pollutant. No emissions unit

or activity subject to a federally enforceable applicable requirement (other than 

generally applicable requirements of the state implementation plan) shall qualify as an

insignificant emissions unit or activity. 

1. Unpaved roadways and parking areas unless permits have specific conditions 

limiting fugitive emissions. This activity is not insignificant if it is subject to new 

source performance standards for nonmetallic mineral processing plants under 

Chapter 1200-03-16 or under 40 CFR part 60. 

2. Paved roadways and parking areas unless permits have specific conditions 

limiting fugitive emissions. This activity is not insignificant if it is subject to new 

source performance standards for nonmetallic mineral processing plants under 

Chapter 1200-03-16 or under 40 CFR part 60. 

3. Equipment used on farms for soil preparation, tending or harvesting of crops, or 

for preparation of feed to be used on the farm where prepared. This activity is not 

insignificant if it is subject to new source performance standards under Chapter

1200-03-16 or under 40 CFR part 60. 

4. Barbecue pits and cookers; if the products are edible (intended for human

consumption), and are sold on site, or at one location.

5. Vacuum pump exhausts when evacuating air conditioning units. This activity is 

not insignificant if emissions exhausted are subject to any standard or other 

requirement of the regulations promulgated to protect stratospheric ozone under 

title VI of the Federal Act. 

6. Wood smoking operations to cure tobacco in barns. 

7. Operations regulated under Chapter 1200-03-4 (Open Burning) of these

Regulations. 

August, 2009 (Revised) 151
CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.04, continued) 

8. Sewer vents. This activity is not insignificant if it is subject to the new source 

performance standards for petroleum refinery wastewater systems under 

Chapter 1200-03-16 or under 40 CFR part 60. 

9. Natural gas mixing and treatment operations including sampling and testing. 

This activity is not insignificant if it is subject to the new source performance

standards for onshore natural gas processing plants under Chapter 1200-03-16 

or under 40 CFR part 60. 

10. Wire drawing including drawing coolants and lubricants provided that they are

water based.

11. Air drying of wood. 

12. Washing of trucks and vehicles where no solvent cleaners are used. 

13. Sealing or cutting plastic film or foam with heat or hot wires provided no

chlorofluorocarbons (CFCs)s are emitted. 

14. Combustion units designed and used exclusively for comfort heating purposes 

employing liquid petroleum gas, or propane or natural gas as fuel. 

15. Water cooling towers (except for those at nuclear power plants), water treating

systems for process cooling water or boiler feedwater, and water tanks,

reservoirs, or other water containers designed to cool, store, or otherwise handle 

water (including rainwater) that has not been used in direct contact with gaseous 

or liquid process streams containing carbon compounds, sulfur compounds,

halogens or halogen compounds, cyanide compounds, inorganic acids, or acid

gases. This activity is not insignificant if chromium-based water treatment

chemicals are used. 

16. Equipment used exclusively to store, hold, or distribute natural gas. This activity 

is not insignificant if it is subject to the new source performance standards for

onshore natural gas processing plants under Chapter 1200-03-16 or under 40

CFR part 60.

17. Gasoline, diesel fuel, and fuel oil handling facilities, equipment, and storage

tanks, except those subject to new source performance standards and those

subject to standards in Chapter 1200-03-18. However, facilities, equipment, and 

storage tanks which are subject only to Chapter 1200-03-18 requirements for 

submerged fill and for maintenance of records documenting quantities of 

gasoline, diesel fuel, and fuel oil dispensed are entitled to the exemption

provided by this paragraph, despite the qualification of exemption specified in the 

first sentence of this subparagraph. This activity is not insignificant if it is subject 

to the new source performance standards for bulk gasoline terminals under 

Chapter 1200-03-16 or under 40 CFR part 60 and the Stage I gasoline

distribution MACT standard under Chapter 1200-03-31. 

18. Blast cleaning equipment using a suspension of abrasives in water. 

19. Laboratory equipment, used for research and development or for chemical and 

physical analyses, including ventilating and exhaust systems for laboratory 

hoods used for air contaminants. 

August, 2009 (Revised) 152
CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.04, continued) 

20. Equipment used for inspection of metal products. 

21. Portable, hand operated brazing, soldering, or welding equipment. Portable 

means as being able to be moved by hand from one location to another by an

individual without the assistance of any motorized or non-motorized vehicle,

conveyance, or device. 

22. Equipment used for washing or drying products fabricated from metal or glass, 

provided no volatile organic compounds (solvents) are used in the process and

that no oil or solid fuel is burned. 

23. Foundry sand mold forming equipment to which no heat is applied, and from 

which no organics are emitted. 

24. Equipment used for compression molding and injection molding of plastics which 

emit no hazardous air pollutants. 

25. Mixers, blenders, roll mills, or calendars for rubber or plastics where no materials 

in powder form are added and in which no organic solvents, dilluents, or thinners 

are used. 

26. Equipment used exclusively to package pharmaceuticals and cosmetics or to

coat pharmaceutical tablets where no hazardous air pollutants are emitted. Any 

associated fuel burning is not included.

27. Electrically heated equipment used exclusively for heat treating, soaking, case

hardening, or surface conditioning of metal objects, such as carbonizing, 

nitriding, carbonitriding, siliconizing, or diffusion treating. 

28. Vacuum cleaning systems used exclusively for industrial, commercial, or 

residential housekeeping purposes, except those systems used to collect 

hazardous air contaminants regulated by Chapter 1200-03-11. 

29. Sewage treatment facilities (excluding combustion or incineration equipment, 

land farms, storage silos for dry material, or grease trap waste handling or 

treatment facilities). This activity is not insignificant if it is subject to new source 

performance standards for volatile organic compounds emissions under Chapter 

1200-03-16 or under 40 CFR part 60, MACT standard under Chapter 1200-03-

31, and hazardous organic NESHAP under 40 CFR part 63. 

30. Emergency smoke relief vents that activate only in the event of fire. 

31. Alkaline/phosphate washers and associated burners. 

32. Outdoor kerosene heaters.

33. Livestock and poultry feedlots. 

34. Wire insulation marking provided the marking materials are water based. 

35. Portable equipment used for the on-site painting of buildings, towers, bridges, 

and roads. 

36. Powder coating operations. 

August, 2009 (Revised) 153
CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.04, continued) 

37. The following equipment, when used exclusively for emergency replacement or

standby service: 

Internal combustion engines burning natural gas, gasoline, or diesel fuel

including stationary reciprocating engines, internal combustion (IC) engine driven

compressors, IC engine driven electric generator sets and IC driven water 

pumps, and equipment components for gas dehydration units, gas-oil separators, 

free water knockouts, iron sponge units, production tank batteries, and natural

gas liquids separation plants. 

38. Equipment used exclusively to mill or grind coatings and holding compounds

where all materials charged are in paste form. 

39. Stenciling of cartons or boxes for purposes of shipment and content identification

provided the inks are water based. 

40. Firefighting equipment and the equipment used for training of firefighting. 

41. Clean steam condensate and steam relief vents where steam has not contacted 

any process organics or other production materials. 

42. End paper labeling of books or other reading material provided no organic or

solvent based materials are used. 

43. Pressurized vessels designed to operate in excess of 30 psig storing a petroleum

fuel. This activity is not insignificant if it is subject to new source performance 

standards for petroleum liquid storage vessels under Chapter 1200-03-16 or

under 40 CFR part 60. 

44. Herbicide and pesticide mixing, application, and storage activities for on site use.

45. Maintenance activities, such as: machining of metals and plastic curing for nonproduction related operations, vehicle repair shops, carpenter shops, spraying, 

grinding and polishing operations, maintenance shop vents, and miscellaneous 

non-production surface cleaning, preparation, and painting operations. Repairs 

not involving structural changes where no new or permanent stationary source is

installed. Internal combustion (IC) engine driven welders not part of a production 

process. Any maintenance activity is not insignificant if it is part of a 

manufacturing process. 

46. Miscellaneous activities and equipment, such as: aerosol spray cans, cafeteria 

vents, locker room vents, photo copying, photographic processes, blue print 

machines, decommissioned equipment, solid waste dumpsters, fire training, and

space heaters. Miscellaneous means as being unrelated to the primary business 

activity of the source. 

47. Cold storage refrigerator equipment powered by electric motors and that do not 

use Class I or Class II ozone depleting substances. 

48. Sampling systems used to withdraw materials for testing and analysis, and vents 

from process instrumentation systems, including area monitors. 

49. Laboratories in primary and secondary schools and in schools of higher 

education used for instructional purposes. 

August, 2009 (Revised) 154
CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.04, continued) 

50. Hydrovactor air separator tanks. 

51. Equipment used exclusively for rolling, forging, pressing, stamping, spinning, or 

extruding either hot or cold plastics provided hazardous air pollutants are not 

emitted. 

52. Grain, metal or mineral extrusion process. This activity is not insignificant if it is 

subject to new source performance standards for metallic mineral processing

plants under Chapter 1200-03-16 or under 40 CFR part 60. 

53. Bioremediation operations. 

54. Equipment used exclusively for rolling, forging, pressing, stamping, spinning,

drawing, or extruding either hot or cold metals. 

55. Equipment used exclusively for sintering of ceramics, glass or metals, but not 

exempting equipment used for sintering metal-bearing ores, metal scale, clay, fly 

ash, or metal compounds. This activity is not insignificant if it is subject to new 

source performance standards for primary zinc smelters and glass manufacturing

operations under Chapter 1200-03-16 or under 40 CFR part 60. 

56. Equipment for the mining and screening of uncrushed native sand and gravel. 

This activity is not insignificant if it is subject to new source performance

standards for nonmetallic mineral processing plants under Chapter 1200-03-16

or under 40 CFR part 60. 

57. Equipment used exclusively for mixing and blending water-based adhesives and 

coatings at ambient temperatures. Materials containing less than 5 percent 

volatile organic compounds qualify as water-based for purposes of this 

exemption. 

58. Pulp and paper industry, and cellulosic fiber industry insignificant activities: Any 

of the following activities is not insignificant if it is subject to new source

performance standards for kraft pulp mills under Chapter 1200-03-16 or under 40

CFR part 60, and MACT standard under Chapter 1200-03-31. 

(i) Ash sluice tanks 

(ii) Black liquor mix boxes (e.g., for sulfur addition) 

(iii) Caustic tanks

(iv) Chemical spills less than reportable quantity 

(v) Deinking cell

(vi) Demineralized water tanks 

(vii) Dredging

(viii) Dregs washer

(ix) Dryer can steam/condensate blowdown 

(x) Electrical charging station

(xi) Green liquor clarifiers

(xii) Green liquor tanks 

August, 2009 (Revised) 155
CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.04, continued) 

(xiii) Grinding/blasting for nondestructive testing of metals 

(xiv) High density pulp storage tanks 

(xv) Hydrapulper

(xvi) Hydroblasting (e.g., evaporators) 

(xvii) Instrument air dryers and distribution 

(xviii) Lime mud filter filtrate tanks 

(xix) Lime mud piles 

(xx) Liquid sodium hydrosulfide storage tanks 

(xxi) Log flumes

(xxii) Neutralized spent cooking acid tanks 

(xxiii) Oilers on chain, etc. 

(xxiv) Open containers

(xxv) Paper machine “blowdown” with air for cleanup 

(xxvi) Pressure filters

(xxvii) Pressurized pulp washers 

(xxviii) Process raw water treatment (e.g., phosphate) 

(xxix) Pulp tanks and stock chests 

(xxx) Railroad flares

(xxxi) Saltcake storage tanks vented to the recovery system 

(xxxii) Slaker vents

(xxxiii) Smelt spout cooling water tanks 

(xxxiv) Smelt spout covers (dog houses) 

(xxxv) Starch or dye make-down tanks

(xxxvi) Strong black liquor tanks 

(xxxvii) Tank interior coatings (epoxy resins)

(xxxviii) Turpentine loading

(xxxix) Weak wash tanks

(xL) Wheel barrows

(xLi) White liquor clarifiers 

(xLii) White liquor oxidizer 

(xLiii) White liquor tanks 

(xLiv) Winder

August, 2009 (Revised) 156
CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.04, continued) 

59. Steam heated wood drying kilns excluding chemically treated wood. 

60. Warehouse storage of packaged raw materials and finished goods emitting no

hazardous air pollutants. 

61. Electric stations, including transformers, and substations. Any activity is not 

insignificant if it is subject to MACT standard under Chapter 1200-03-31. 

62. Groundwater monitoring wells. 

63. Lubricants and waxes used for machinery lubrication. 

64. Use of materials for marking and grading of lumber, and the storage of lumber. 

65. Equipment used exclusively to package photographic chemicals, and food 

preservatives excluding any associated fuel burning. 

66. Air purification systems. This activity is not insignificant if emissions exhausted 

are from any manufacturing or other industrial processes and subject to any 

standard or other requirement of the regulations promulgated to protect

stratospheric ozone under title VI of the Federal Act. 

67. Equipment used in the production of enteric food coatings. 

68. Equipment used in the production of aqueous inks in which no organic solvents, 

dilutents, or thinners are used. 

69. Equipment used to transport or store process wastewater streams to a 

wastewater treatment facility (i.e. floor drains, sumps, drain headers, manhole 

covers). This activity is not insignificant if it is subject to the new source 

performance standards for petroleum refinery wastewater systems under 

Chapter 1200-03-16 or under 40 CFR part 60. 

70. Drum melter operations for low-volatility solid and semi-solid materials using

steam or electrical heating. This activity is not insignificant if it is subject to the 

new source performance standards for electric arc furnaces under Chapter 1200-

03-16 or under 40 CFR part 60. 

71. Vacuum producing equipment including vacuum seal pots and vacuum pumps. 

Any associated internal combustion engines are excluded. 

72. Presses used exclusively for extruding metals, minerals, plastics, rubber, or 

wood except where halogenated carbon compounds or hydrocarbon organic 

solvents are used as foaming agents. Presses used for extruding scrap materials 

or reclaiming scrap materials are not exempt. 

73. Tank trucks, railcars, barges, and trailers excluding transfer operations at loading 

and unloading stations, and internal cleaning operations. 

74. Portable dumpsters and other containers for liquids (excluding transfer

operations), and solid waste dumpsters, including handling equipment and 

associated activities. 

75. Environmental field sampling activities. 

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76. Parts washer where the vapor pressure of cleaners is less than 1.52 psia. Any 

activity is not insignificant if it is subject to the halogenated solvent cleaning

MACT standard under Chapter 1200-03-31. 

77. Instrument air dryers and distribution. 

78. Automatic oiling operations (e.g., oiler on chains). 

79. Machine blowdown with air for cleanup. 

80. Storage tanks of any size containing exclusively soaps, detergents, surfactants,

waxes, glycerine, vegetable oils, greases, animal fats, sweeteners, corn syrup,

aqueous salt solutions or aqueous caustic solutions provided an organic solvent 

has not been mixed with such materials. This activity is not insignificant if 

appropriate lids and / or covers are not utilized. 

81. Loading and unloading systems for railcars, tank trucks, or watercraft that handle

only the following liquid materials provided an organic solvent has not been

mixed with such materials: soaps, detergents, surfactants, waxes, glycerine, 

vegetable oils, greases, animal fats, sweeteners, corn syrup, aqueous salt

solutions, or aqueous caustic solutions. This activity is not insignificant if 

appropriate lids and / or covers are not utilized. 

82. Sanitary sewer systems. 

83. Treatment systems for potable water. 

84. Any pilot plant provided that the following conditions are satisfied: 

(i) Pilot plant facilities which demonstrate to the satisfaction of the Technical

Secretary, that such facilities do not significantly impact ambient air quality. 

Air quality modeling may be required by the Technical Secretary. 

(ii) The facility is constructed and operated only for the purpose of: 

(I) Testing the manufacturing or marketing potential of a proposed

product, or 

(II) Defining the design of a larger plant or future processes, or 

(III) Studying the behavior of an existing plant through modeling in the 

pilot plant. 

85. Sodium hypochlorite storage tanks. 

86. Industrial-Commercial-Institutional Steam Generating Facility exemptions are as 

follows: Any of the following activities is not insignificant if it is subject to new 

source performance standards for steam-generating facilities under Chapter 

1200-03-16 or under 40 CFR part 60. 

(i) Bunker room exhaust

(ii) Coal sampling and weighing operations 

(iii) Alternative solid fuel handling 

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(iv) Vents from ash transport systems not operating at positive 

pressure (e.g. ash hoppers) 

(v) Coal combustion by-product disposal (except for dry stacking 

and intermittent ash hauling and disposal) 

(vi) Building ventilation other than boiler room, coal handling, and 

ash loading (e.g. turbine room, battery room) 

(vii) Lubrication of equipment 

(viii) Hydrogen vents

(ix) Steam vents

(x) Air compressor and distribution systems 

(xi) Emergency equipment

(xii) Fugitive dust from operation of a passenger automobile, station 

wagon, pickup truck, or van. 

(xiii) Pressure relief valves 

(xiv) Test gases and bottled gases 

(xv) Emissions from a laboratory. If a facility manufactures or 

produces products for profit in any quantity, it may not be 

considered to be a laboratory under this item. Support part of 

the laboratory. Support activities do not include the provision of 

power to the laboratory from sources that provide power to 

multiple projects or from sources which would otherwise require 

permitting, such as boilers that provide power to an entire 

facility. 

(xvi) Safety devices such as fire extinguishers 

(xvii) Equipment used for hydraulic or hydrostatic testing 

(xviii) Food preparation for onsite consumption

(xix) Oil vapor extractor (e.g. turbine seal oil, turbine lube oil) 

87. Sulfuric acid tanks. This activity is not insignificant if it is subject to new source 

performance standards for sulfuric acid plants under Chapter 1200-03-16 or 

under 40 CFR part 60. 

88. Soil “borrow” pits. This activity is not insignificant if it is subject to new source 

performance standards for nonmetallic mineral processing plants under Chapter

1200-03-16 or under 40 CFR part 60. 

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89. Phosphoric acid tanks. This activity is not insignificant if it is subject to new 

source performance standards for phosphate fertilizer industry under Chapter

1200-03-16 or under 40 CFR part 60. 

90. Sodium carbonate tanks. 

91. Firearms, firing ranges, and protective services facilities. 

92. Physical testing of air filtration. This activity is not insignificant if emissions 

exhausted are from any manufacturing or other industrial processes and subject 

to any standard or other requirement of the regulations promulgated to protect 

stratospheric ozone under title VI of the Federal Act. 

93. Safe venting of compressed gas cylinders which have lost structural integrity. 

94. Testing, inspection, cleaning or drying of personal protective equipment such as 

respirators, clothing, gloves, shoe scuffs, etc.

95. Equipment used to process or handle solid materials or solid wastes such as 

bottle smashers, bulb crushers, balers, compactors, and can puncturers. 

(g) Unless specifically required under part 1200-03-09-.04(5)(b)4., the following emission 

units or activities, or stationary sources that qualify as ‘insignificant activities’ are not 

required to be included in a permit application under paragraph 1200-03-09-.02(11). 

1. Combustion emissions from propulsion of mobile sources, except for vessel

emissions from Outer Continental Shelf sources. 

2. Air-conditioning units used for human comfort that do not have applicable 

requirements under title VI of the Act. 

3. Ventilating units used for human comfort that do not exhaust air pollutants into

the ambient air from any manufacturing/industrial or commercial process. 

4. Non-commercial food preparation. 

5. Consumer use of office equipment and products, not including printers or 

businesses primarily involved in photographic reproduction. 

6. Janitorial services and consumer use of janitorial products. 

7. Internal combustion engines used for landscaping purposes. 

8. Laundry activities, except for dry-cleaning and steam boilers. 

9. Bathroom/toilet vent emissions. 

10. Emergency (backup) electrical generators at residential locations. 

11. Tobacco smoking rooms and areas. 

12. Blacksmith forges. 

13. Plant maintenance and upkeep activities (e.g., grounds-keeping, general repairs, 

cleaning, painting, welding, plumbing, re-tarring roofs, installing insulation, and 

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paving parking lots) provided these activities are not conducted as part of a

manufacturing process, are not related to the source’s primary business activity, 

and not otherwise triggering a permit modification. 

14. Repair or maintenance shop activities not related to the source’s primary

business activity, not including emissions from surface coating or de-greasing

(solvent metal cleaning) activities, and not otherwise triggering a permit 

modification. 

15. Portable electrical generators that can be moved by hand from one location to 

another. 

16. Hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, 

turning or machining wood, metal or plastic. 

17. Brazing, soldering and welding equipment, and cutting torches related to

manufacturing and construction activities that do not result in emission of HAP 

metals. 

18. Air compressors and pneumatically operated equipment, including hand tools. 

19. Batteries and battery charging stations, except at battery manufacturing plants. 

20. Storage tanks, vessels, and containers holding or storing liquid substances that 

will not emit any VOC or HAP. 

21. Storage tanks, reservoirs, and pumping and handling equipment of any size

containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt 

solutions, provided appropriate lids and covers are utilized. 

22. Equipment used to mix and package, soaps, vegetable oil, grease, animal fat, 

and nonvolatile aqueous salt solutions, provided appropriate lids and covers are 

utilized. 

23. Drop hammers or hydraulic presses for forging or metalworking. 

24. Equipment used exclusively to slaughter animals, but not including other 

equipment at slaughterhouses, such as rendering cookers, boilers, heating

plants, incinerators, and electrical power generating equipment. 

25. Vents from continuous emissions monitors and other analyzers. 

26. Natural gas pressure regulator vents, excluding venting at oil and gas production 

facilities. 

27. Hand-held applicator equipment for hot melt adhesives with no VOC in the

adhesive formulation. 

28. Equipment used for surface coating, painting, dipping or spraying operations, 

except those that will emit VOC or HAP. 

29. CO2 lasers, used only on metals and other materials which do not emit HAP in

the process. 

30. Consumer use of paper trimmers/binders. 

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31. Electric or steam-heated drying ovens and autoclaves, but not the emissions

from the articles or substances being processed in the ovens or autoclaves or 

the boilers delivering the steam. 

32. Salt baths using nonvolatile salts that do not result in emissions of any regulated

air pollutants.

33. Laser trimmers using dust collection to prevent fugitive emissions. 

34. Bench-scale laboratory equipment used for physical or chemical analysis, but not 

lab fume hoods or vents. 

35. Routine calibration and maintenance of laboratory equipment or other analytical 

instruments.

36. Equipment used for quality control/assurance or inspection purposes, including 

sampling equipment used to withdraw materials for analysis. 

37. Hydraulic and hydrostatic testing equipment. 

38. Environmental chambers not using hazardous air pollutant (HAP) gasses. 

39. Shock chambers. 

40. Humidity chambers. 

41. Solar simulators. 

42. Fugitive emission related to movement of passenger vehicles, provided the 

emissions are not counted for applicability purposes and any required fugitive

dust control plan or its equivalent is submitted. 

43. Process water filtration systems and demineralizes. 

44. Demineralized water tanks and demineralizer vents. 

45. Boiler water treatment operations, not including cooling towers. 

46. Oxygen scavenging (de-aeration) of water. 

47. Ozone generators. 

48. Fire suppression systems. 

49. Emergency road flares. 

50. Steam vents and safety relief valves. 

51. Steam leaks.

52. Steam cleaning operations. 

53. Steam sterilizers. 

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CONSTRUCTION AND OPERATING PERMITS CHAPTER 1200-03-09 

(Rule 1200-03-09-.04, continued) 

Authority: T.C.A. §§4-5-202 et. seq. and 68-201-105. Administrative History: Original Rule certified 

June 7, 1974. Amendment filed January 10, 1977; effective February 9, 1977. Amendment filed March

31, 1987; effective May 10, 1987. Amendment field September 27, 1989; effective November 11, 1989.

Amendment filed May 17, 1990; effective July 1, 1990. Amendment filed April 22, 1993; effective June 5,

1993. Amendment filed September 7, 1993; effective November 21, 1993. Amendment filed June 12,

1995; effective August 26, 1995. Amendment filed July 25, 1996; effective October 6, 1996. Amendment 

filed November 30, 1999; effective February 6, 2000. Amendment filed November 29, 2001; effective 

February 12, 2002. Amendments filed September 9, 2005; effective November 23, 2005. Amendment 

filed June 1, 2009; effective August 15, 2009. 

1200-03-09-.05 APPEAL OF PERMIT APPLICATION DENIALS AND PERMIT CONDITIONS. 

(1) In any case where the Technical Secretary or the Department denies a permit application,

this denial is appealable to the Board if a petition of appeal is received by the Technical

Secretary within thirty (30) days of receipt of the denial letter by the owner or operator. 

(2) The letter of denial of the application shall include the basis for denial and notify the party of 

their right to appeal and of the right to legal counsel. 

(3) The reasons the petitioner feels the permit should have been granted must be filed as part of

the petition. Additionally a party may request prehearing discovery, as provided in T.C.A. §4-

5-306, by filing and detailing the request with the petition. 

(4) Within thirty (30) days of receipt of the petition for appeal of a permit denial, the Technical 

Secretary shall notify the petitioner of the time and place for the hearing. 

(5) In any case where a condition is placed on a permit, the imposition of that permit condition

may be appealed by filing a petition for reconsideration of the permit conditions. The petition 

for reconsideration of permit conditions shall specify which conditions and portions of

conditions are objected to and specifying in detail the objections. The petition of appeal must

be delivered to the Technical Secretary within thirty (30) days after the mailing date of the 

permit. 

If the Technical Secretary is considering denying the petition he shall schedule a conference 

with the petitioner to discuss the matters under appeal within forty-five (45) days of receipt of

the petition. If the Technical Secretary’s resultant decision on the matter under appeal

aggrieves the petitioner, the petitioner may request a hearing pursuant to T.C.A. §68-25-108. 

(6) All applicable provisions of T.C.A. §4-5-301 et seq., on contested cases shall apply to the

hearing before the Board on such appeals. 

(7) The denial of a permit application by the Technical Secretary stands, unless the majority of a 

quorum of the Board votes to overturn the denial after the hearing.

(8) A permit condition specified by the Technical Secretary after the hearing provided for in 

paragraph (5) stands unless on appeal the Board votes to modify or delete the condition by a

majority of a quorum of the Board. 

Authority: T.C.A. §§68-25-105 and 4-5-202 et. seq. Administrative History: Original rule filed October 

1, 1979; effective November 16, 1979. Amendment filed May 17, 1990; effective July 1, 1990.

Administrative History has been edited to delete a November 6, 1988 Amendment. No evidence of this

filing exists, and this is an editorial mistake by the Secretary of State. June 30, 2001. 

August, 2009 (Revised) 163