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TennesseeDepartmentof EnvironmentandConservation, Division of AirPollution Control,RuleChapter1200-03- 20-.04,filedMarch 21, 2013, effectiveJune19, 2013,



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### Department ofState Division of Publications 312 Rosa L Parks Avenue, 8th Floor SnodgrasSJTN Tower Nashville, TN 37243 Phone: 615-741-2650 FaX; 615·741-5133 Email: registerJnformation@tn.gov 

### For Department ofState Use Only Sequence Number: 

# 0&:/!1-:/'i_ Rule ID(s):

File Date:

____:ttective

### ~ate:_ _ {6)

# r**_'<.''_'~-** 

# _:____\ 

# Rulemaking Hearing Rule(s) Filing Form Rulemaking Hearing Rules are rules filedafterandasa resuffofa rufemaking hearing. T. C.A. § 4-5-205 

### Agency/Board/Commission: Environment & 

### Conserv,_,a,_,t"'io"'n'------------------ 

## l Division: Air Pollution Control---

__________**_c::ont_ac!_Per~'!:- _.l~I)II_**  

### W. S_t_ewart Address: 9 Floor L& 

### C Annex 401 

### Church Street**··-·-----~---·-·-···----···** ·······---·-----------------------------



### ,_______________ Zip: 

# I**~;~:~~~~~3~~1)!1~Sse_e_**

## ____________________ _

# -=-.:-=::.=~~=-==~:-~r:l!ri~~~**~-~~cif~i~~~~~~9ov-~~_::-_:-----------~-** 

# _____ RevisionType (checkall thatapply): X Amendment New Repeal Rule(s) Revised (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please enter only ONE Rule Number/Rule Title per row) Chaeter Number \ ChapterTitle 120<2:_03-20**--~---** 

### Limits on Emissions DueJo Malfunction, Star:tups, and Shutdowns Rule Number RuleTitle 1200-03-20-.04 

### Logs and Reeorts**SS~**7039 

### (October 2011) 

### RDA 1693(Place substance of rules and other info here. Statutoryauthority must be given for each rule change. For information on formatting rules go to http://state.tn.us/sos/rules/1360/1360.htm) Chapter 1200-03-20 Limits on Emissions Due to Malfunction, Startups, and Shutdowns Amendment Paragraph (2) of rule 1200-03-20-.04 Logs and Reports is amended by deleting the paragraph in its entirety and replacing it with the word "Reserved" so that, as amended, the paragraph shall read: (2) Reserved Authority: T.C.A. 

### §§ 68-201-101 et seq. and 4-5-201 et seq.

SS-7039 (October2011) 

### 2 RDA 1693

### • If a roll-call vote was necessary, the vote bythe Agency on these rulemaking hearing rules was asfollows: Board Member Michael Atchison

Dr. J. Ronald Bailey

Elaine Boyd
Dr. Brian W.Christman
Dr. Wayne T. Davis

Dr. Mary English Stephen R. Gossett Mayor Tommy Green Dr. Shawn 

### A. Hawkins
Helen Hennon**~** 

### v/ 

# J 

# /

v/



# /

Richard M. Holland 

## I 

# V

John Roberts 

## I (/
Mayor LarryWaters 

## I

# ~ Alicia M. Wilson No Abstain Absent



# v



# v Y' 

# v
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I certifythatthis is an accurate and complete copy of rulemaking hearing rules, lawfully promulgated and adopted bythe Air Pollution Control Board on 08/08/2012, and is in compliance wtth the provisions of T.C.A. 

### § 4·5·222.

SS· 7039(October2011) 

### 3 RDA 1693**~** '·

. :**~** 7**~** 

### "-·"'Ifurther certifythe following:
Notice of Rulemaking Hearingfiled with the Department of State on: 08/27/09 Rulemaking Hearing(s) Conducted on: (add more dates). 10/20/09


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# '"·~~ Signature: •

# I@~ Name of Officer: s:ITYR. phens, P.E

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Title of Officer: Technical Secretary

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

Department of State Use Only



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SS-7039 (October 2011) 4 RDA 1693Public Hearing Comments One copy of a document containing responses to comments made at the public hearing must accompanythe filing pursuantto T.C.A. 

### § 4-5-222. Agencies shall include onlytheir responses to public hearing comments, which can be summarized. No letters of inquiryfrom parties questioning the rule will be accepted. Wh.en no comments are received at the public hearing, the agency need onlydraft a memorandum stating such and include it with the Rulemaking Hearing Rule filing. Minutes ofthe meeting will not be accepted. Transcripts are not acceptable. Comment:
Response: The Division must provide further technical analysis and information related to the potential impact of the proposed amendment to attainment, maintenance, and reasonable further progress for the National Ambient Air Quality Standards per Section 110(1) of the Clean Air Act (CAA). The rationale behind the proposed rule revision is the fact that the affected rule is very old and requires the submittal of a quarterly report of startups, shutdowns, and malfunctions for affected sources. The rule was adopted in the 1970's and represents the first requirements for sources to report to the Division. Currently the Tennessee Title V program set forth in paragraph (11) of Rule 1200-03-09-.02 specifies both the semi-annual reporting requirement and the annual compliance certification requirement for affected sources. The same rule requires the reporting of emissions from sources taking restrictions to remain below the applicability thresholds for Title V applicability. In addition, the reporting requirements of 40 CFR 63.10, which are applicable to all the source categories subject to the national emission standards for hazardous air pollutants, utilize a semi-annual reporting time period as the default value. Therefore, the quarterly reporting time frame required by paragraph (2) of Rule 1200-03-20-.04 is not consistent with current time frames for the submittal of emissions reports and the Division is proposing to remove it from the regulations to prevent a duplication of reporting requirements. In addressing the requirements of Section 110(1) of the Clean Air Act, The Tennessee Division of Air Pollution Control declares that this proposed SIP revision will have no affect on any applicable requirement concerning attainment and reasonable further progress ... or any other applicable requirement as it simply involves removing an obsolete and redundant reporting requirement from the SIP to avoid burdening sources with submitting duplicitous reports. In addressing the requirements of Section 193 of the Clean Air Act, The Tennessee Division of Air Pollution Control declares that this proposed SIP revision is not a control requirement. While the original rule was in effect prior to November 15, 1990, the original rule only addresses the reporting of emissions and does not address any emissions reduction or emissions control requirements. Given that the original regulation has been superseded by newer, federally mandated, reporting requirements, deleting the original regulation will have no affect on the emissions of any air pollutant.

SS-7039 (October2011) 5 RDA 1693Regulatory Flexibility Addendum 

### Pursuantto T.C.A. 

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

### § 4-5-202(a)(3) and T.C.A. 

### § 4-5-202(a), all agencies shall conduct a review of whether a proposed rule or rule affects small businesses. (1} The type or types of small business and an identification and estimate of the number of small businesses subject to the proposed rule thatwould bearthe cost of, or directly benefitfrom the proposed rule: The revision to paragraph (2} of Rule 1200-03-20-.04 could potentially affectany permitted source located in any nonattainment area established by the EPA in the future. The benefit from the deletion of this rule would be the elimination of the requirement for the submittal of duplicate reports from manysources. (2) The projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed rule, including the type of professional skills necessaryfor preparation of the report or record: None. (3) A statement of the probable effect on impacted small businesses and consumers: The revisions to paragraph (2) of Rule 1200-03-20-.04 could potentially impact small businesses by eliminating the potential for requiring the submittal of duplicate reports. It should have no impact on 

### consumers. (4) A description of any less burdensome, less intrusive or less costly alternative methods of achieving the purpose and objectives of the proposed rule that may exist, and to what extent the alternative means might be less burdensome to small business: None. (5} A comparison of the proposed rule with anyfederal or state counterparts: The provisions of paragraph (2) of Rule 1200-03-20-.04 were originally required by 40 CFR 51.211 (Source Surveillance- Emission reports and recordkeeping). The deletion of paragraph (2) of Rule 1200- 03-20-.04 will allow affected source to utilize current reporting time frames and avoid submitting duplicate reports. (6) Analysis of the effect of the possible exemption of small businesses from all or any part of the requirements contained in the proposed rule. Not Applicable.

SS-7039 (October2011) 

### 6 RDA 

### 1693Impact on Local Governments Pursuant toT.C.A. 

### §§ 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policyof the rules or regulation, whether the rule or regulation mayhave a projected impacton local governments." (See Public Chapter Number 1070 (http://state.tn.us/sos/acts/106/pub/pc1070.pdf) of the 2010 Session ofthe General Assembly) These proposed rule revisions will have no projected impact on local governments.

SS-7039 (October2011) 7 RDA 1693 I 

# IAdditional Information Required by Joint Government Operations Committee All agencies, upon filing a rule, must also submit the following pursuanttoT.C.A. 

### § 4·5·226(i){1). 

### (A) A brief summaryofthe rule and a description of all relevant changes in previous regulations effectuated by such rule; This proposed amendment to the rules repeals the requirement to submit certain reports on a quarterly basis, thus reconciling the state's periodic reporting requirement to that of the current federal rule that requires the same reports to be submitted on a semiannual basis. 

### (B) 

## Acitation to and brief description of anyfederal law or regulation or anystate law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto; This amendment is being promulgated under the authority of T.C.A. 

### §§ 68-201·101 et seq. The provisions of paragraph (2) of Rule 1200·03-2()...04 were originally required by 40 CFR 51.211 (Source Surveillance
- Emission reports and recordkeeping). 

### (C) Identification of persons, organizations, corporations or governmental entities most directlyaffected bythis rule, and whetherthose persons, organizations, corporations or governmental entities urge adoption or rejection of this rule; The rule revision will affect facilities that are subject Title V program referenced in paragraph (11) of Rule 1200· 03-09-.02 or that have taken restrictions to avoid being subject to this paragraph, by allowing the consolidation of the reporting of compliance data. This proposed rule revision was initiated due to a request from the regulated community. 

### (D) Identification of any opinions of the attorney general and reporter or anyjudicial ruling thatdirectly relates to the rule; 

# IThe Board is not aware of any. --------- - 

# I

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

### None.
------------- ----- 

### (F) Identification ofthe appropriate agency representative or representatives, possessing substantial knowledge and understanding ofthe rule; Jeryl

### W. Stewart Division of Air Pollution Control 9th Floor, L 

### & C Annex, 401 Church St., Nashville, TN 37243-1531 (615) 532--()605 (G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees; Alan M. Leiserson Legal Services Director, Office of General Counsel Tennessee Departmentof Environment and Conservation 20'" Floor, L & C Tower Nashville, TN 37243·1548
SS-7039 (October 2011) 

### 8 RDA 1693(H) Office address, telephone number, and email addressof the agency representative or representatives who will explain the rule at a scheduled meeting ofthe committees; and Legal Services Director, Office of General Counsel Tennessee Department of Environment and Conservation 201 h Floor, L & 

### C Tower Nashville, TN 37243.-1548 Alan.Leiserson @tn.aov 

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

# IThe Board

### ISnot aware ofany. . 

# I

SS-7039 (October2011) 

### 9 RDA 1693

### Department of State Division of Publications 312 Rosa L. Parks Avenue, 8th FloorSnodgrass/TN Tower Nashville, TN 37243 Phone: 615-741-2650 Fax: 615-741-5133 Email: reqlster.information@tn.gov 

### For Department ofState Use Only Sequence Number: Rule ID(s):

File Date: Effective Date:

______ _ 

# Rulemaking Hearing Rule(s) Filing Form Rulemaking Hearing Rules are rules filed afterandas

### a result of

### a rofemaking hearing. T.C.A. §**4~5~205** 

### Agency/Board/Commissicm: 

## ! E:llvironn1ent &C:ollservatioll

· -.. _. · ·· . Division:**jAFPoll~tion** 

### control : __ Contact Person: 1 

### Jeryl W. Stewart Address: 

## ·9"'Floor

### L.:

## &

# cArinex 

### i 401 Church Street 

# i.Nashville, Tennessee Zip: 

# i**37243~1531** 

### .. ·.·... .

. _

### _F'hone:j_@~)532:0~Q5 · __ .. E_lllail:

## .l JeryLStewart@tn gov Revision Type (check allthat apply): X Amendment New

__ Repeal

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

# ~-**:~r-:;rb:** __

# -~::~~:~~s~~:~~~~~~:~~~tart~~~=-~~:=~s----·- _ - 

# --·j ()_Q-03.:20-.04

___ !,_ogs and Rep!J_rtS

______________________ _

SS-7039 (October 2011) 

### 1 RDA 1693(Place substance of rules and other info here. Statutory authority must be given for each rule change. For information on formatting rules go to http:/lstate tn.us/sos/rules/136011360 htm) Chapter 1200-03-20 Limits on Emissions Due to Malfunction, Startups, and Shutdowns Amendment Paragraph (2) of rule 1200-03-20-.04 Logs and Reports is amended by deleting the paragraph in its entirety and replacing itwith theword "Reserved" sothat, as amended, the paragraph shall read: (2)

Authority: T.C.A. 

### §§ 68-201-101 etseq. and 4-5-201 etseq.

SS-7039 (October2011) 

### 2 RDA 1693• Ifa roll-call vote was necessary, the vote by the Agency on these rulemaking hearing rules was as follows: 

### Board Member Ave No Abstain Absent Si!:mature (if re_quired) Michael Atchison 

### X

Dr. J. Ronald Bailey 

### X

Elaine Boyd 

### X

Dr. Brian 

### X W.Christman
Dr. Wayne T. Davis 

### X

Dr. Mary English 

### X
Stephen R. Gossett 

### X MayorTommy 

### X Green Dr. Shawn

### A. 

### X Hawkins
Helen Hennon 

### X

Richard M. Holland 

### X

John Roberts 

### X
Mayor LarryWaters 

### X

Alicia M. Wilson 

### X

I certify that this is an accurate and complete copy of rulemaking hearing rules, lawfully promulgated and adopted by the Air Pollution Control Board on 08/08/2012, and is in compliance with the provisions ofT.C.A. 

### § 4-5-222.

SS-7039 (October 2011) 

### 3 RDA 1693I further certify the following:
Notice of Rulemaking Hearing filed with the Department ofState on: 08/27/09 Rulemaking Hearing(s) Conducted on: (add moredates). 10/20/09
Date:
-------------------- Signature:
--------------------- Name ofOfficer: Barry R. Stephens, P.E.

Title ofOfficer: Technical Secretary
Subscribed and sworn to before me on: ------------------ Notary Public Signature:
----------------- My commission expires on: -------------------
All rulemaking hearing rules provided for herein have been examined by the Attorney General and Reporterofthe State ofTennessee and are approved as to legality pursuantto the provisions ofthe Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5.

Department of State Use Only

SS-7039 (October2011) Robert E. Cooper, Jr. Attorney General and Reporter Date

Filed with the DepartmentofState on: ---------------



### 4 Effective on:

### ---,--~------------ Tre Hargett Secretary of State

RDA 1693 

# fPublic Hearing Comments One copy ofa documentcontaining responses to comments made atthe public hearing must accompany the filing pursuant to T.C.A. 

### § 4-5-222. Agencies shall include only their responses to public hearing comments, which can be summarized. No letters ofinquiry from parties questioning the rule will be accepted. When no comments are received atthe public hearing, the agency need only draft a memorandum stating such and include itwith the Rulemaking Hearing Rule filing. Minutes ofthe meeting will not be accepted. Transcripts are not acceptable. Comment:
Response: The Division must provide further technical analysis and information related to the potential impact ofthe proposed amendment to attainment, maintenance, and reasonable further progress forthe National AmbientAir Quality Standards per Section 110(1) ofthe Clean AirAct (CAA). The rationale behind the proposed rule revision is the fact that the affected rule is very old and requires the submittal of a quarterly report of startups, shutdowns, and malfunctions for affected sources. The rule was adopted in the 1970's and represents the first requirements for sources to report to the Division. Currently the Tennessee Title V program set forth in paragraph (11) of Rule 1200-03-09-.02 specifies both the semi-annual reporting requirement and the annual compliance certification requirement for affected sources. The same rule requires the reporting of emissions from sources taking restrictions to remain below the applicability thresholds for Title V applicability. In addition, the reporting requirements of40 CFR 63.10, which are applicable to all the source categories subject to the national emission standards for hazardous air pollutants, utilize a semi-annual reporting time period as the defaultvalue. Therefore, the quarterly reporting time frame required by paragraph (2) of Rule 1200-03-20-.04 is not consistent with current time frames for the submittal of emissions reports and the Division is proposing to remove it from the regulations to prevent a duplication of reporting requirements. In addressing the requirements of Section 110(1) ofthe Clean Air Act, The Tennessee Division of Air Pollution Control declares that this proposed SIP revision will have no affect on any applicable requirement concerning attainment and reasonable further progress ... or any other applicable requirement as it simply involves removing an obsolete and redundant reporting requirement from the SIP to avoid burdening sources with submitting duplicitous reports. In addressing the requirements ofSection 193 ofthe Clean Air Act, The Tennessee Division ofAir Pollution Control declares that this proposed SIP revision is not a control requirement. While the original rule was in effect prior to November 15, 1990, the original rule only addresses the reporting of emissions and does notaddress any emissions reduction or emissions control requirements. Given thatthe original regulation has been superseded by newer, federally mandated, reporting requirements, deleting the original regulation will have no affecton the emissions ofany air pollutant.

SS-7039 (October2011) 

### 5 RDA 1693Regulatory Flexibility Addendum Pursuant to T.C.A. 

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

### § 4-5-202(a)(3) and T.C.A. 

### § 4-5-202(a), all agencies shall conduct a review ofwhether a proposed rule or rule affects small businesses. (1) The type ortypes ofsmall business and an identification and estimate ofthe number ofsmall businesses subjectto the proposed rule that would bearthe cost of, ordirectly benefitfrom the proposed rule: The revision to paragraph (2) of Rule 1200-03-20-.04 could potentially affectany permitted source located in any nonattainment area established by the EPA in the future. The benefitfrom the deletion ofthis rule would be the elimination ofthe requirement for the submittal ofduplicate reports from many sources. (2) The projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed rule, including the type of professional skills necessaryfor preparation ofthe report or record: None. (3) A statement ofthe probable effect on impacted small businesses and consumers: The revisions to paragraph (2) of Rule 1200-03-20-.04 could potentially impact small businesses by eliminating the potential for requiring the submittal of duplicate reports. It should have no impact on 

### consumers. (4) A description of any less burdensome, less intrusive or less costly alternative methods of achieving the purpose and objectives of the proposed rule that may exist, and to what extent the alternative means might be less burdensometo small business: None. (5) A comparison ofthe proposed rule with anyfederal orstate counterparts: The provisions of paragraph (2) of Rule 1200-03-20-.04 were originally required by 40 CFR 51.211 (Source Surveillance- Emission reports and recordkeeping). The deletion ofparagraph (2) of Rule 1200- 03-20-.04 will allow affected source to utilize current reporting time frames and avoid submitting duplicate reports. (6) Analysis of the effect of the possible exemption of small businesses from all or any part of the requirements contained in the proposed rule. NotApplicable.

SS-7039 (October2011) 

### 6 RDA 1693Impact on Local Governments PursuanttoT.C.A. 

### §§4-5-220 and 4-5-22.8 "any rule proposed to be promulgated shall state in a simple declarative sentence, withoutadditional comments on the merits ofthe policy ofthe rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://state.tn.us/sos/acts/106/pub/pc1070.pdf) ofthe 2010 Session ofthe General Assembly) These proposed rule revisions will have no projected impacton local governments.

SS-7039 (October2011) 

### 7 RDA 1693Additional Information Required byJointGovernmentOperations Committee All agencies, upon filing a rule, must also submitthe following pursuant to T.C.A. 

### § 4-5-226(i)(1). (A) A briefsummary ofthe rule and a description ofall relevant changes in previous regulations effectuated by such rule; This proposed amendment to the rules repeals the requirement to submit certain reports on a quarterly basis, thus reconciling the state's periodic reporting requirement to that of the current federal rule that requires the same reports to be submitted on a semiannual basis. (B) A citation to and briefdescription ofany federal law orregulation orany state law or regulation mandating promulgation ofsuch rule orestablishing guidelines relevant thereto; This amendment is being promulgated under the authority ofT.C.A. 

### §§ 68-201-101 et seq. The provisions of paragraph (2) of Rule 1200-03-20-.04 were originally required by 40 CFR 51.211 (Source Surveillance
- Emission reports and recordkeeping). (C) Identification of persons, organizations, corporations or governmental entities mostdirectlyaffected bythis rule, and whetherthose persons, organizations, corporations orgovernmental entities urge adoption or rejection ofthis rule; The rule revision will affectfacilities that are subjectTitle V program referenced in paragraph (11) of Rule 1200- 03-09-.02 or that have taken restrictions to avoid being subject to this paragraph, by allowing the consolidation of the reporting of compliance data. This proposed rule revision was initiated due to a request from the regulated community. (D) Identification ofany opinions ofthe attorney general and reporter or anyjudicial ruling that directly relates to the rule; 

# IThe Board is nofawareofany:--u 

# I

(E) An estimate ofthe probable increase ordecrease in state and local government revenues and expenditures, ifany, resulting from the promulgation ofthis rule, and assumptions and reasoning upon which the estimate is based. An agency shall notstate that the fiscal impact is minimal ifthe fiscal impact is more than two percent (2%) ofthe agency's annual budget orfive hundred thousand dollars ($500,000), whichever is less;

·-- None. (F) Identification ofthe appropriate agency representative or representatives, possessing substantial knowledge and understanding ofthe rule; Jeryl W. Stewart Division ofAir Pollution Control 9th Floor, L & CAnnex, 401 Church St., Nashville, TN 37243-1531 (615) 532-0605 (G) Identification ofthe appropriate agency representative or representatives who will explain the rule at a scheduled meeting ofthe committees; Alan M. Leiserson Legal Services Director, Office of General Counsel Tennessee Department of Environment and Conservation 201" Floor, L & CTower Nashville, TN 37243-1548
SS-7039 (October2011) 

### 8 RDA 1693(H) Office address, telephone number, and email address ofthe agency representative or representatives who will explain the rule at a scheduled meeting ofthe committees; and Legal Services Director, Office ofGeneral Counsel Tennessee Departmentof Environment and Conservation 2o•• Floor, L & C Tower Nashville, TN 37243-1548 Alan.Lelserson@tn oov 

### (I) Any additional information relevantto the rule proposed for continuation thatthe committee requests. !The Bmird is not aware ofany. 

# I

SS-7039 (October 2011) 

### 9 RDA 1693