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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

Agency/Board/Commission: Environment and Conservation

Division: Air Pollution Control

Contact Person: Lacey J. Harding

Address: 15th Floor, William R. Snodgrass Tennessee Tower 

312 Rosa L. Parks Avenue 

Nashville, Tennessee

Zip: 37243

Phone: (615) 532-0545

Email: Lacey.Hardin@tn.gov

Revision Type (check all that apply):

X Amendment

New

Repeal

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

additional tables to accommodate multiple chapters. Please enter only ONE Rule 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 Applicability
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(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)

Amendment

Chapter 1200-03-18

Volatile Organic Compounds

Paragraph (8) of Rule 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, Sumner, Knox, Blount, Anderson,

Williamson, or Wilson County which has actual emissions from stationary sources of 25 tons or more of 

volatile organic compounds (VOC’s) and/or nitrogen oxides during a calendar year shall report to the 

Technical Secretary their permitting authority information and data concerning these emissions and 

nitrogen oxide emissions. This information and data shall be in the form prescribed by the Technical 

Secretary, and shall be submitted before March 31 of the year following the calendar year for which the 

information and data is reported. The first report shall be for the 1993 calendar year, and shall be 

submitted before March 31, 1994. Each report shall be signed by an official of the company, certifying 

that the information and data contained in the report is accurate 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.
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* If a roll-call vote was necessary, the vote by the Agency on these rulemaking hearing rules was as follows:

Board Member Aye No Abstain Absent Signature (if 

required)

J. Ronald Bailey

Involved with Institution of Higher Learning 

on air pollution evaluation and control

X

Thomas Beehan

Working on Municipal Government

X

John Benitez

Licensed Physician with experience in health 

effects of air pollutants

X

Elaine Boyd

Commissioner's Designee, Dept. of 

Environment and Conservation

X

Karen Cisler

Environmental Interests

X

Wayne T. Davis

Conservation Interests

X

Stephen Gossett

Working for Industry with technical 

experience

X

Shawn A. Hawkins

Working in field related to Agriculture or 

Conservation

X

Helen Hennon

Registered Professional Engineer

X

Richard Holland

Working for Industry with technical 

experience

X

John Roberts

Small Generator of Air Pollution representing 

Automotive Interests

X

Larry Waters

County Mayor

X

Jimmy West

Commissioner's Designee, Dept. of 

Economic and Community Development

X

Alicia Wilson

Working in management in Private 

Manufacturing

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.
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I further certify the following: 

Notice of Rulemaking Hearing filed with the Department of State on: 02/28/14

Rulemaking 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 State
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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. When 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 amended 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 facility in Davidson, Rutherford, Shelby, Sumner, Knox, Blount, 

Anderson, Williamson, or Wilson County which has actual emissions from stationary sources of 

25 tons or more of volatile organic compounds (VOC’s) and/or nitrogen oxides during a calendar 

year shall report to their permitting authority information and data concerning these emissions.”

Response: The Board agrees and the sentence has been revised as suggested.
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Regulatory Flexibility Addendum

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

§ 4-5-202(a)(3) and T.C.A. § 4-5-202(a), all agencies shall conduct a review of whether a proposed rule or rule 

affects small businesses.

This rulemaking amendment to Paragraph (8) of Rule 1200-03-18-.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 mandated. The rule subject to this amendment is part of the requirements of 42 U.S.C. § 

7511a 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, in such form as the Administrator may prescribe (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 

organic compounds from that source.”
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Impact on Local Governments

Pursuant to T.C.A. §§ 4-5-220 and 4-5-228 “any rule proposed to be promulgated shall state in a simple 

declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether 

the rule or regulation may have a projected impact on local governments.” (See Public Chapter Number 1070 

(http://state.tn.us/sos/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly) 

The Department anticipates that this amended rule will have a financial impact on local governments.
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Additional 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 description 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”). The Area is comprised of Knox, Blount, and Anderson Counties. The Area is currently 

designated as a non-attainment area but the counties were inadvertently omitted from the language of the rule. 

The amendment also relocates the phrase “nitrogen oxides” for clarification in response to the public hearing

comment. The Air Pollution Control Division intends to submit a redesignation request for the Area to be 

designated as attainment; however, before redesignation can occur the language of the rule must reflect the 

federal requirement that all sources located in a county designated non-attainment are required to report 

emissions of nitrogen oxides and/or volatile organic compounds greater than 25 tons per year. 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. § 7511a 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 

year or more 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 directly 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 impact 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 substantial knowledge 

and understanding of the rule;

Lacey J. Hardin

Division of Air Pollution Control

William R. Snodgrass Tennessee Tower

312 Rosa L. Parks Avenue, 15th Floor

Nashville, Tennessee 37243

(G) Identification of the appropriate agency representative or representatives who will explain the rule at a 

scheduled meeting of the committees;
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Emily 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

William R. Snodgrass Tennessee Tower

312 Rosa L. Parks Avenue, 2nd Floor

Nashville, Tennessee 37243

(615) 532-8685

Emily.Urban@tn.gov

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

The Tennessee Air Pollution Control Board is not aware of any.