Page 1 of 3 pages

LEGAL NOTICE

OF PUBLIC HEARING

TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION

DIVISION OF AIR POLLUTION CONTROL 

There will be a public hearing before the Technical Secretary of the Tennessee Air Pollution Control Board 

to consider the promulgation of amendments to the Tennessee Air Pollution Control Regulations, and the 

State Implementation Plan pursuant to Tennessee Code Annotated, Section 68-201-105. The comments 

received at this hearing will be presented to the Tennessee Air Pollution Control Board for their 

consideration in regards to the proposed regulatory amendments. The hearing will be conducted in the 

manner prescribed by the Uniform Administrative Procedures Act, Tennessee Code Annotated, Section 4-

5-201 et seq. and will take place in the 9th Floor Conference Room of the L & C Annex, located at 401 

Church Street, Nashville, Tennessee 37243-1531, at 9:30 a.m. on Tuesday, October 20, 2009. Anyone 

desiring to make oral comments at this public hearing is requested to prepare a written copy of their 

comments to be submitted to the hearing officer at the public hearing.

Written comments not submitted at the public hearing will be included in the hearing record only if 

received by the close of business on Tuesday, October 20, 2009, at the following address: Technical 

Secretary, Tennessee Air Pollution Control Board, 9th Floor, L & C Annex, 401 Church Street, Nashville, 

TN 37243-1531.

Any individuals with disabilities who wish to participate in these proceedings or to review these filings 

should contact the Tennessee Department of Environment and Conservation to discuss any auxiliary aids or 

services needed to facilitate such participation. Such initial contact may be in person, by writing, telephone, 

or other means, and should be made no less than ten (10) days prior to Tuesday, October 20, 2009, or the 

date such party intends to review such filings, to allow time to provide such aid or service. Contact Ms. 

Beverly Evans, Tennessee Department of Environment and Conservation ADA Coordinator, 12th Floor, 

401 Church Street, Nashville TN 37243, (615) 532-0207. Hearing impaired callers may use the Tennessee 

Relay Service (1-800-848-0298). 

If you have any questions about the origination of this rule change, you may contact Mr. Malcolm H. Butler 

at (615) 532-0600. Copies of documents concerning this matter are available for review at the office of the 

Technical Secretary and at certain public depositories. For information about reviewing these documents, 

please contact Mr. Malcolm H. Butler, 9th Floor, L & C Annex, 401 Church Street, Nashville, TN 37243-

1531, telephone (615) 532-0600.

Summary of Proposed Change

Part 29. of subparagraph (b) of paragraph (4) of Rule 1200-03-09-.01 Construction Permits is being 

amended by adding two (2) compounds to the list of compounds excluded from the definition of Volatile 

Organic Compounds (VOC) on the basis that these compounds have been determined to have negligible 

photochemical reactivity contribution to tropospheric ozone formation. The aforementioned part will be 

updated by adding the new compounds propylene carbonate and dimethyl carbonate to the list of 

compounds there by making the State rule read identical to the Federal rule. 

Paragraph (2) of Rule 1200-03-10-.02 Monitoring of Source Emissions, Recording, and Reporting of the 

Same are Required is being amended by adding a new subparagraph (d) to allow facilities Subject to Rule 

1200-03-09-.02(11) to synchronize the reporting of data generated by continuous emissions monitoring 

systems required by Rule 1200-03-10-.02 with reports required by Rule 1200-03-09-.02(11).

Subparagraph(c) of Paragraph (7) of Rule 1200-03-16-.01 General Provisions New Source Performance 

Standards, Rule 1200-03-16-.22 Coal Preparation Plants, and Rule 1200-03-16-.53 Nonmetallic Mineral 

Processing Plants are being repealed, as they have been made obsolete by revisions to the equivalent 

federal regulations.
Page 2 of 3 pages

Rule 1200-03-18-.01 Definitions is being amended by adding two (2) compounds to the list of compounds 

excluded from the definition of Volatile Organic Compounds (VOC) in Paragraph 1200-03-18-.01(88) and 

Exempt Compounds in Paragraph 1200-03-18-.01(26) on the basis that these compounds have been 

determined to have negligible photochemical reactivity contribution to tropospheric ozone formation. The 

two aforementioned paragraphs will be updated by adding the new compounds propylene carbonate and 

dimethyl carbonate to the list of compounds there by making the State rule read identical to the Federal 

rule. 

Rule 1200-03-20-.03 Notice Required When Malfunction Occurs and Paragraph (2) of Rule 1200-03-20-

.04 Logs and Reports are being repealed as they have been made obsolete by current federal reporting 

requirements.

Rule .02 Definitions in Chapter 1200-03-29 Light-Duty Motor Vehicle Inspection and Maintenance is 

being amended by adding definitions for low and medium speed vehicles. Rule .04 Exemption from Motor 

Vehicle Inspection Requirements is being amended to exempt low and medium speed vehicles from vehicle 

testing requirements. These type vehicles are manufactured as non-road vehicles and therefore are not 

subject to an emissions test.

Rule 1200-03-34-.01 is replaced with a new rule (also 1200-03-34-.01) since this rule has undergone 

extensive revisions to meet new Federal requirements. These revisions are required by section 6011 of the 

Safe Accountable Flexible Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), 

Section 6011, amending Section 176(c)(4) of the Clean Air Act requiring States to amend Conformity State 

Implementation Plans (SIPs). Tennessee’s Conformity SIP is contained in rule 1200-03-34-.01 in the Air 

Pollution Control Division’s regulations. This rule provides Federal, State and Local air pollution control, 

transportation, and transportation planning agencies with criteria and procedures on the consultation 

process for the development of Transportation Plans, Transportation Improvement Programs, Project level 

analyses and State Implementation Plans.

Revisions considered at this hearing may be adopted by the Tennessee Air Pollution Control Board under 

T.C.A. 68-201-105, the Board general authority to promulgate rules. 

Materials concerning the proposed actions will be available at www.state.tn.us/environment/apc/ppo/ and also 

for public inspection during normal working hours starting on September 17, 2009, at the following locations:

Air Pollution Control Division Chattanooga – Hamilton County Air Pollution Control Division

9th Floor, L & C Annex Air Pollution Control Bureau Cookeville EFO

401 Church Street 6125 Preservation Drive 1221 South Willow Ave.

Nashville, TN 37243 Chattanooga, TN 37416 Cookeville, TN 38506

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

Knoxville EFO Johnson City EFO Jackson EFO

3711 Middlebrook Pk 2305 Silverdale Road 1625 Hollywood Drive

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

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

Columbia EFO Air Pollution Control Memphis - Shelby Co. Health Dept.

2484 Park Plus Drive 140 Dameron Avenue 814 Jefferson Avenue

Columbia, TN 38401 Knoxville, TN 37917-6413 Memphis, TN 38105

Air Pollution Control Division Pollution Control Division U.S. EPA, Region IV

Chattanooga EFO Metropolitan Health Department APTMD - 12th Floor

Suite 550 311 23rd Ave. North Atlanta Federal Center

540 McCallie Ave. Nashville, TN 37203 61 Forsyth Street S.W.

Chattanooga, TN 37402 - 2013 Atlanta, Georgia 30303

c/o Mr. Dick Schutt, Chief
Page 3 of 3 pages

Air Pollution Control Division Kingsport Public Library

Nashville EFO 400 Broad Street

711 R. S. Gass Blvd. Kingsport, TN 37660

Nashville, TN 37243

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

opportunity to present testimony to the hearing officer regarding the proposed amendment. Any person 

desiring to present lengthy comments should be prepared at the hearing to offer a written statement to be 

incorporated into the record. Written statements not presented at the hearings will only be considered part of 

the records if received by 4:30 p.m. CDT on Tuesday, October 20, 2009, at the office of the Technical 

Secretary, Tennessee Air Pollution Control Board, 9th Floor L & C Annex, 401 Church Street, Nashville, 

Tennessee, 37243-1531.

D:/ln/Sept 20 2009.doc