SS - 7039 ( October 2011 ) RDA 1693 1 **Department of State Division of Publications**  312 Rosa L. Parks Avenue, 8th Floor Snodgrass/TN Tower Nashville, TN 37243 Phone: 615-741 -2650 Fax: 615-741 -5133 Email: register.information@tn.gov **For Department of State Use Only** Sequence Number: Rule ID(s) : File Date: Effective Date: 

# Rulemaking Hearing Rule(s) Filing Form Rulemaking Hearing Rules are rules filed after and as a result of a rulemaking hearing. T . C.A . § 4-5-205 **Ag ency/Board/Commission:**  Environment and Conservation

**Division:** Air Pol lution Control **Contact Person:** Lacey J. Harding **Ad dress:**  15th Floor, Wi lliam R. Snodgrass Tennessee Tower

312 Rosa L. Parks Avenue Nashville, Tennessee **Zip:** 37243 **Phone:** (615) 532 -0 545 **Email:** Lacey.Hardin@tn .gov **Revision Type (check all that apply):** X Am endm ent New Repeal **Rule(s) Revised** (**A LL**  chapters and rules contained in filing must be listed here . If needed, copy and paste additional tables to accommodate multiple chapters . Please enter only **ON E**  Rule Number/Rule Title per row) **Chapter Number Chapter Title**  1200 - 03- 18 Volatile Organic Compounds **Rule Number Rule Title**  1200 - 03- 18- .02 General Provisions and ApplicabilitySS - 7039 ( October 2011 ) RDA 1693 2 (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://state.tn.us/sos/rules/1360/1360.htm ) Am endm ent Chapter 1200 -03- 18 Volatile Organic Compounds Paragraph (8) of R ule 1200 -03- 18- .02 General Provisions and Applicability is amended by deleting it in its entirety and substituting instead the following: (8) The owner or operator of any facility in Davidson, Rutherford, Shelby, Sum ner, Knox, Blount, Anderson, Wi lliam son, or Wi lson County which has actual em issions from stationary sources of 25 tons or mo re of volatile organic compounds (VOC’s) and/or nitrogen oxides during a calendar year shall report to the Technical Secretary their permitting authority information a nd data concerning these em issions and nitrogen oxide em issions . T his information and data shall be in the form prescribed by the Technical Secretary, and shall be submitted before March 31 of the ye ar following the calendar ye ar for which the information and data is reported. T he first report shall be for the 1993 calendar ye ar, and shall be submitted before March 31, 1994. E ach report shall be signed by a n official of the company, certifying that the information and data contained in the report is accu rate to the best knowledge of the individual certifying the report. Authority: T.C.A. §§ 68-201 - 101 et seq. and 4 -5-201 et seq.SS - 7039 ( October 2011 ) RDA 1693 3 * If a roll -call vote was necessary, the vote by the Agency on these rulemaking hearing rules was as follows: **Board Member Aye**  **No Ab**  **stain Ab**  **sent Signature (if**  **required)** J. Ronald Bailey Involved with Institution of Higher Learning on air pollution evaluation and control X Thomas Beehan Wo rk ing on Municipal Government X John Benitez Licensed Physician with experi ence in health effects of air pollutants X Elaine Boyd Commissioner's Designee, Dept. of Environment and Conservation X Karen Cisler Environmental Interests X Wayn e T. Davis Conservation Interests X Stephen Gossett Wo rk ing for Ind ustry with technical experience X Shawn A. Hawkins Wo rk ing in field related to Agriculture or Conservation X Helen Hennon Registered Professional Engineer X Richard Holland Wo rk ing for Industry with technical experience X John Roberts Sm all Generator of Air Pollution representing Autom otive Interests X Larry W aters County Mayor X Jimmy W est Commissioner's Designee, Dept. of Economic and Community Development X Alicia W ilson Wo rk ing in m anagem ent in Private Manu facturing 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 05/14/2014, and is in compliance with the provisions of T.C.A. § 4 -5-222.SS - 7039 ( October 2011 ) RDA 1693 4 I furthe r certify the following: Notice of Rulemaking Hearing filed with the Department of State on: 02/28/14 Rulem aking Hearing(s) Conducted on: (add more dates). 04/22/14 Date: May 16, 2014 Signature: Name of Officer: Barry R. Stephens Title of Officer : 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 Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5.

______________________________ Robert E. Cooper, Jr. Attorney General and Reporter

_____________________ _________ Date **Department of State Use Only** Filed with the Department of State on: Effective on:

______________________________ Tre Hargett Secretary of StateSS - 7039 ( October 2011 ) RDA 1693 5 **Public Hearing Comments** One copy of a document containing responses to comments made at the public hearing must accompany the filing pursuant to T.C.A. § 4 -5-222. Agencies shall include only their responses to public hearing comments, which can be summarized. No letters of inquiry from parties questioning the rule will be accepted. W hen no comments are received at the public hearing, the agency need only draft a memorandum stating such and include it with the Rulemaking Hearing Rule filing. Minutes of the meeting will not be accepted. Transcripts are not acceptable. Comment: A commenter pointed out that the first sentence of the proposed new paragraph (8) of Rule 1200 -

03- 18- .02 should be am ended as follows to comply with the federal Clean Air Act 42 U.S. CODE § 7511A – PLAN SUBMISSIONS AND REQUIREMENTS:

“The owner or operator of any faci lity in Davidson, Rutherford, Shelby, Sum ner, Knox, Blount, Anderson, Wi lliam son, or Wi lson County which has actual em issions from stationary sources of 25 tons or mo re of volatile organic compounds (VOC’s) and/or nitrogen oxides during a calendar ye ar sha ll report to their permitting authority information and data concerning these emissions. ” Response: The Board agrees and the sentence has been revised as suggested.SS - 7039 ( October 2011 ) RDA 1693 6 **Regulatory Flexibility A ddendum**  Pursuant to T.C.A. § § 4 -5-401 through 4 -5-404 , prior to initiating the rule making process as described in T.C.A. § 4 -5-202(a)(3) and T.C.A. § 4 -5-202(a), all agencies shall conduct a review of whether a proposed rule or rule affects small businesses. This rulemaking am endm ent to Paragraph (8) of Rule 1200 - 0 3- 18- .02 General Provisions and Applicability is exempt from the provisions of the Regulatory Flexibility Act of 2007, Acts 2007, § 6 of Public Chapter 464 because it is federally ma ndated . T he rule subject to this am endm ent is part of the requirements of 42 U.S.C . § 7511 a of the Federal Clean Air Act, which is the source of the requirement for Tennessee to “require that the owner or operator of each stationary source of oxides of nitrogen or volatile organic compounds provide the State with a statement, i n such form as the Adm inistrator may p rescribe (or accept an equivalent alternative developed by the State), for classes or categories of sources, showing the actual emissions of oxides of nitrogen and volatile orga nic compounds from that source. ”SS - 7039 ( October 2011 ) RDA 1693 7 **Imp act on Local Governments**  Pursuant to T.C.A. §§ 4 -5-220 and 4 - 5-228 “any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments.” (See Public Chapter Number 1070 (http://state.tn.us/sos/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly) The Department anticipates that this amended rule will have a fina ncial impact on local governments.SS - 7039 ( October 2011 ) RDA 1693 8 **Ad ditional Information Required by Joint Government Operations Committee**  All agencies, upon filing a rule, must also submit the following pursuant to T . C . A . § 4 -5-226(i)(1). **(A )**  A brief summary

of the rule and a descri ption of all relevant changes in previous regulations effectuated by such rule; Paragraph (8) of Rule 1200 -03- 18- .02 is being revised to include the 2008 Ozone Knoxville Non -Attainment Area (the “Area”). T he Area is comprised of Knox, Blount, and Anderso n Counties. T he Area is currently designated as a non -attainment area but the counties were inadvertently om itted from the language of the rule. The am endm ent also relocates the phrase “nitrogen oxides” for clarification in response to the public hearing comment. T he Air Pollution Control Division intends to subm it a redesignation request for the Area to be designated as attainment; however, before redesignation can occur the language of the rule mu st reflect the federal requirement that all sources located in a county d esignated non -attainment are required to report em issions of nitrogen oxides and/or volatile organic compounds greater than 25 tons per ye ar. In addition, the rule is being revised to allow affected sources in counties that operate their own air pollution control program (local program) to send these reports to their permitting authority rather than the Technical Secretary of the Tennessee Air Pollution Control Board. This change will allow the local program to receive this data from their sources. **(B)** A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto; This amendment is being promulgated under the authority of T.C. A. § 68-201 - 101 et seq., and is consistent with 42 U.S.C . § 7511 a of the Federal Clean Air Act. **(C)** Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations , corporations or governmental entities urge adoption or rejection of this rule; All sources of air pollution that emit volatile organic compounds and/or nitrogen oxides in amounts of 25 tons per ye ar or mo re that are located in a county designated or previously designated non -attainment for ozone and operating a local program are affected by this rule. No comments were received from any affected sources. **(D)** Identification of any opinions of the attorney general and reporter or any judicial ruling that dire ctly relates to the rule; The Tennessee Air Pollution Control Board is not aware of any. **(E)** An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency' s annual budget or five hundred thousand dollars ($500,000), whichever is less; There will be no significant im pact in state and local government revenues and expenditures resulting from the promulgation of these amendments. **(F)** Identification of the appropriate agency representative or representatives, possessing substantia l knowledge and understanding of the rule; Lacey J. Hardin Division of Air Pollution Control Wi lliam R. Snodgrass Tennessee Tower 312 Rosa L. Parks Avenue, 15th Floor Nashville, Tennessee 37243 **(G)** Identification of the appropriate agency representative o r representatives who will explain the rule at a scheduled meeting of the committees;SS - 7039 ( October 2011 ) RDA 1693 9 Em ily Urban Assistant General Counsel Office of General Counsel **(H)** Office address , telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and Office of General Counsel Tennessee Department of Environment and Conservation Wi lliam R. Snodgrass Tennessee Tower 312 Rosa L. Parks Avenue, 2nd Floor Nashville, Tennessee 37243 (6 15) 532 -8685 Em ily.Urban@tn.gov **(I)** An y additional information relevant to the rule proposed for continuation that the committee requests. The Tennessee Air Pollution Control Board is not aware of any.