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Tennessee Department of Environment and Conservation Rule Chapter1200-03-09.01,JiledMarch 29,2011effective June 27,2011.



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## 2011For Departmentof State Use Only Department of State Division of Publications 312 Rosa L. Parks Avenue, 8th Floor SnodgrassiTNTower Nashville. TN 37243 Phone: 615-741-2650 Fax: 615-741-5133 

### Sequence Number: 

# a3 -16--/I Rule ID(s):

File Date: Effective Date: 

# Rulemaking Hearing Rule(s) Filing Form
Rulemak~ng Hearing Rules are rules filed afterandas a result ofa rulemaking hearing TCASecbon4-5-205

..... Agen~~oardlCommission:

.... ; 

### Environment and Conservation

~~~ ............ 

# I Division: 

## ; Air Pollution Control

.... .... , ......... ........ I Contact Person: 

## 1 LaceyJ. 

### Hardin -- l Address: 

### gmFloor L & 

### C Annex I ! 

### 401 Church Street 

# 1

Revision Type (check

### allthat apply): 

### X Amendment New Repeal Rule(s) Revised (ALL

### chapters and rule ?s contained infilin additional tablestb accommodate multiple chapters, Pleas, lg 

### must be listed e enter only ONE 

### i Rule ~umber/~ule ~itle 1 

### here. If needed, copy and paste Ier row)

RDA 1693 -. [chapter 

## umber 

## i ChapterTitle
1 

### 1200-03-09 

## I Construction and ~~erating~ermits 

# 1 Rule Number 

## i RuleTitle --



### 1200-03-09-.01 Construct~on Permits 

# tr 1 i-. --

.(Place substanceof rules and other Info here Statutory 

### authority must be glvenfor each rule change For lnformatlonon formatting rulesgo to http//state tn us/soslrules/l360/1360 htm)

Chapter 1200-03-09 Construction and Operating Permits
Amendments Subpart (i) of part 24 of subparagraph (b) of paragraph (4) of Rule 1200-03-09-.O1 Construction Permits is amended by addinga new item (XVII)as follows: (XVII) PM2.5: 10 tpy of direct PM, emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PMz5 precursor under item47(i)(lll) of this subparagraph. Part 47 of subparagraph (b) of paragraph (4) of Rule 1200-03-09- 01 Construction Permlts IS amended by deleting the current subpart (I)and replacmg it wlth a new subpart (I) so that, as amended, the new subpart shall read as follows (i) Any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified underthis part as a constituent or precursor.to such pollutant. 'Precursors identified by the Administrator for purposesof NSR are the following: Volatlle organic compounds and nitrogen oxldes are precursors to ozone in all attamment and unclassifiable areas Sulfur dioxide is a precursor to PM2., in all attainment and unclassifiable areas. Nitrogen oxides are presumedto be precursors to PM,,, in all attainment and unclassifiable areas, unless the State has demonstrated to the satisfaction of the EPA Administrator or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributortothatarea's ambient PM,., concentrations. Volatile organic compounds are presumed to be precursors to PM,,, in any attainmentor unclassifiable area, unlessthe State has demonstrated to the satisfaction of the EPA Administrator or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are not a significant contributor to that area's ambient PM2, concentrations. Part 47 of subparagraph (b) of paragraph (4) of rule 1200-03-09-.O1 Construction Perm~ts IS also amended by adding a new subpart (VI)asfollows (vi) Particulate matter (PM) emissions, PM2.5 emissions, and PMlo emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, ,2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5, and PM,, in PSD permits. Compliance with emissions limitations for PM, PMZ.5, and PM,, issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable 2 RDA 1693 SS-7039 (July 2010)implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered inviolation of this paragraph unless the applicable implementation plan required condensable particulate matterto be included. Subpart (vi) of part 4 of subparagraph (c) of paragraph (4) of rule 1200-03-09-01 Construction Permits 1s amended by deletlngthe last sentence so that, as amended, the subpart shall read (vi) Hybrid test for projects that involve multiple types of emissions units. A significant emissions increaseof a regulated NSR pollutant is projected to occur if the sum of the emissions increasesfor each emissions unit, using the method specified in subparts (c)4(iii) through (iv) of this paragraph as applicable with respect to each emissions unit,for each type of emissions unit equalsor exceeds the significant amount for that pollutant (as defined in part (b)24 of'this paragraph). Subpart (iv) of part 6 of subparagraph (d) of paragraph (4) of rule 1200-03-09-.O1 Construction Permits is amended by deleting the period at the end of the subpart and adding a semicolon (;) followed by the word "or"so that, as amended,the subpart shall read: (iv) The existing air pollutant levels are conservatively eskatedto be less than the concentrations listed in subpart (i) of this part, and a monitoring network may not reliably measure the predicted backgroundconcentrations; or Part 6 of subparagraph (d) of paragraph (4) of rule 1200-03-09- 01 Construction Permits is amended by addlng a new subpart (v) as follows: (v) The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in subpart (d)6(1) of this paragraph. Item (I) of subpart (x) of part 1 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.O1Construction Permits is amended by adding a new subitemVII as follows. VII. PM2.5:10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM2.~ precursor under subitem

. ., ' l(xlix)(lll)lll of this subparagraph. Subpart (xlix) of part 1 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.O1 Construction Permits is amended by deleting item (Ill) and replacing itwith a new item (Ill) and a new item (IV) as follows: (Ill) Any pollutant that is a constituent or precursor of a general pollutant listed under items l(xlix)(l) or (11) of this subparagraph, provided that a constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors for purposes of NSR are the following: I. Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattalnmentareas. II. Sulfur diox~de is a precursorto PMz5in all PMz5nonattainment areas. Ill.

. Nitrogen oxides are presumed to be precursors to PM,, in all PMz5 nonattainment areas, unless the State demonstrates to the satisfaction of the EPA Administrator or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are RDA 1693not a significant contributor to that area's ambient PM, concentrations IV. Volatile organic compounds and ammonia are presumed not to be precursors to PM,, in any PM,, nonattainment area, unless the State demonstrates to the satisfaction of the EPA Administrator or EPA demonstrates that emissions of volatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area's ambient PM2~ concentrations; or (IV) PM,, emissions and PMlo emissions shall include gaseous emissions - from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 

### 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2,, PMlo in nonattainment major NSR permits. Compliance with emissions limitationsfor PM2,5,,d PMl0 issued priorto this date shall not shall not be. based on condensable particulate matter unless required by the terms and conditions of the permit or the (Tennessee) State Implementation Plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this rule unless the State Implementation Plan required condensable particulatematterto be included. Subpart (v) of part 

### 2 of subparagraph(b) of paragraph 

### (5) of rule 1200-03-09-.O1 Construction Permits is amended by inserting a period afler "Offsets", adding language afler the period, and adding a new item (XV) so that; as amended,the subpartshall read: (v) Emissions Offsets. In meeting the emission offset requirements of this paragraph, the ratio of total actual emissions reductions to the emissions increase shall be at least 

### 1:l unless an alternative ratio is provided for the applicable nonattainment area in items (Ill), (IV) and (XIV)of this subpart. (I) Prior to the issuance of a permit under this subpart, legally enforceable emission offsets shall be obtained from the same source or other sources in the same non-attainment area, except that such emissions reduction may be obtained from a source in another non-attainment area if:

~ ~ ~~ I. The other area has an equal or higher non-attainment

. classificationthan the area in which'thesource is located; and, II. Emissionsfrom such other area contribute to a violation of an air quality standard in the non-attainment area in which the proposed new or modified sourcewould construct. (11) By the time that the new or modified source commences operation, such reductions shall be in place such that the total tonnage of emissions of any applicable non-attainment air contaminant allowed from the
- proposed new source, or net emissions increase from the modification, shall be offset by an equal or greater reduction, as applicable, in the actual emissions of such air contaminant from the same or other sources. (Ill) In meeting the requrements of Item (v)(ll) of the subpart for ozone nonattainment areas that are subjectto subpart 

### 2, part D, t~tle I of the Clean ArAct, the ratlo of total actual emission reductions of Volat~le Organic RDA 1693SS-7039 (July 2010) Compounds andlor Nitrogen Oxides to the net emissions increase of Volatile Organic Compounds andlor NitrogenOxides shall be as follows: I. In any Marginalnon-attainment area for ozone

## - at least 1.Ito 1; II. In any Moderate non-attainment area for ozone 

## - at least 1.15 to 1; 111 Inany Serious non-attainment areafor ozone'- at least 1.2 to 1; IV Inany Severe non-attainment area for ozone -at least 1.3to 1; V. In any Extreme non-atta~nment area for ozone

## - at least 1.5to 1 Within an ozone transport regionthat is subject to subpart2, part 

### D, title I of the Clean Air Act, for any area designated for ozone attainment, unclassified,or Marginal non-attainment, the ratio of total actual emission reductionsof Volatile Organic Compounds and/or NitrogenOxides to net emissions increase of Volatile Organic Compounds and/or Nitrogen Oxides shall be at least 1.15 to 1. I. Emissions reductions achieved by shutting down an existing emission unit or curtailing productionor operating hours may be generally credited for offsets if they meet the requirements In sections IAand Bof this item. A. Such reductions are surplus, permanent, quantifiable, and federally enforceable. B. The shutdown or curtailment occurred after the last day of the base year for the SIP planning process. For purposes of this paragraph, the TechnicalSecretary may choose to consider a prior shutdown or curtailment to have occurred after the last day of the base year if the projected emissions inventory used to develop the attainment demonstration explicitly includes the emissions from, such previously shutdown or curtailed emission units. However, in no event mav credit be given for shutdowns that occurred befor; August 7, 1977. II. Emissions reductions achieved by shutting down an existing emissions unit or curtailing production or operating hours and that do not meet the requirements in section IB of this item may be generally credited only if: The shutdown or curtailment occurred on or after the date the construction permitapplication is filed; or The applicant can establish that the proposed new emissions unit is a replacement for the shutdown or curtailed emissions unit, and the emissions reductions achieved by the shutdown or curtailment met the requirementsof section IA of this item. With respect to a proposed increase in VOC emissions, no emissions 

### .-.,.. credit shall be allowed for reductions inany organic compound specifically excluded from the definitions of "VOC in this Division 1200- 03. 5 RDA 1693(VIII)

(XIII)

SS-7039 (July 2010) Credit for an emissions reduction may be claimed to the extent that the reduction has not been relied on in any permit already issued under regulations approved pursuant to 40 CFR Parts 51, 52, and 70, (July 1, 1993) or the State has not relied on it in demonstrating attainment or reasonable further progress. Incidental emissions reductionswhich are not otherwise required under the federal Clean Air Act (As amended November 15, 1990) may be credible as emissions reductions for such purposes if such emissions reductions meet the applicable requirements of this part. Procedures relating to the permissible locations of offsetting emissions shall be followedwhich are at least as stringent as those set out in 40 CFR Part 51, Appendix S, Section 1V.D. (July 1, 1993). Reserved. Reserved The total tonnage of increased emissions, intons per year, resultingfrom a major modification that must be offset in accordancewith section 173 of the Federal Clean Air Act shall be determined by summing the difference between the allowable emissions after the modification (as defined by subpart l(xi) of this subparagraph) and the actual emissions before the modification (as defined in subpart l(xiii) of this subparagraph) for each emissions unit. Where the emissions limit under this division 1200-03 allows greater emissionsthan the potentialto emit of the source, emissions offset credit will be allowed only for control belowthis potential. For an existing fuel combustion source, credit shall be based on the allowable emissions under this division 1200-03for the type of fuel being burned at the time the application to construct is filed. If the existing source commits to switch to a cleaner fuel at some future date, emissions offset credit based on the allowable (or actual) emissions for the fuels involved is not acceptable, unless the permit is conditioned to require the use of a specified alternative control measure which would achieve 'the same degree of emissions reduction should the source switch back to a dirtier fuel at some later date. The Technical Secretary shall ensure that adequate long-term supplies of the new fuel are available before granting emissions offset creditforfuel switches. Within an ozone non-attainmentarea that is subject to subpart 1, part D, title I of the Clean Air Act (but is not subject to subpart 2, part D, title I of the Act, including &hour ozone non-attainment areas subject to 40 CFR 51.902(b)), the ratio of total actual emissions reductionsof either volatile organic compound ornitrogen oxides to the emissions increase of either volatile organic compoundsor nitrogen oxides shall-beat least 1:l. In meeting the emissions offset requirements of this subpart for fine particulate matter (PM,.,), the emissions offsets obtained shall be for the same regulated NSR pollutant unless interprecursor trading is allowed in the approved State Implementation Plan (SIP) for the affected PM,, nonattainment area. For those nonattainment areas in which interprecursor trading is allowed by the approved SIP, the offset requirements for direct PM, emissions or emissions of precursors of PM,, may be satisfied by offsetting reductions in direct PM2.5 emissions or emissions of any PM,, precursor identified under item (b)l(xlix)(lll) of 6 RDA 1693this paragraph if such offsets comply with the interprecursor trad~ng 

### hierarchy and ratlo 

### established in the app~oved SIP for the affected nonattainmentarea. Subpart (xvil) of part 2 of subparagraph (b) of paragraph (5) of rule 1200-03-09- 01 Construction Permits is amended bydeleting the last sentence so the subpart reads as follows (xvii) Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in subparts 2(xiv) through 

### (xv)of this subparagraph as applicable with respectto each emissions unit, for each type of emissions unit equals or exceeds - the significant amount for that pollutant (as defined in subpart l(x) of this subparagraph). Authority: T.C.A. §§68-201-101et seq. and 4-5-201 et seq.

SS-7039 (July 2010) RDA 1693-



### * If 

### a roll-callvote was necessary, the vote bythe Agency on these rulemakinghearing ruleswas as follows: 

### Board Member 

### MichaelAtchison
Dr. J. Ronald Bailey Tracy R. 

### Carter
Dr. Brian Christman Dr.Wayne T. 

### Davis
Dr. Mary English Stephen R. Gossett Honorable Mayor Tommy Green, Jr. Dr. ShawnA. Hawkins
ielenS. Hennon

John R. Roberts, 

### 3.
Ucia M. Wilson .-lonorable Mayor Larry Waters 

## - 

## Aye Absent Signature(if

### required)

Icertifythat this is an accurate and complete copy of rulemaking hearing rules, lawfully promulgatedand adopted by the Air Pollution Control (boardlcommissionl other authority) on 12/08/2010 (mmlddlyyyy), and is in compliance with the provisionsof TCA 4-5-222.

RDA 

### 1693I further certifythe following: Noticeof Rulemaking Hearing filed with the Department of State on: 

### (09/22/10) RulemakingHearing@) Conductedon: (add moredates). 

### (Il/f 7110)
Date: Signature: Nameof Officer:

Title of Officer: Technical Secretary
Subscribed and sworn to before meon: Notary Public Signature: 

### MYcommissionexpires on: A) 

## 2013
All rulemaking hearing rules provided for herein have been examined bythe Attorney General and Reporter of the Stateof Tennessee and are a~~roved as to legality pursuant to the provisions of the Administrative Procedures Act, TennesseeCode ~nnotaied, Title 4, Chaser 

### 5.

Department 

### of State 

### UseOnly

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### rn Attorney Generaladd ~k~orter 

# 3-2F// Date

Filedwith the Department of State on: 

# 3./$d/ Effectiveon:

Secretar of State 

# Y

RDA 

### I693Pubhc 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. 54-5-222. Agencies shall includeonly theirresponses to public hearing comments, which can be summarized. No letters of inquiry from parties questioningthe rule will be accepted. When no comments are receivedat the public hearing, the agency need only draft a memorandum stating such and include itwith the Rulemaking Hearing Rule filing. Minutesof the meetingwill not be accepted. Transcriptsare not acceptable.
Commenter:

Commenter:


### \ / Response
Commenter

Response:
Commenter:

Response:
Commenter: The proposed revision to 

### 1200-03-09-.01(5)(b)2(v)(XV) does not allow emissions of sulfur dioxide or nitrogen oxides (determined by EPA to be precursors to PM2.5) to be used as offsets for increases in direct PM 2.5 emissions as allowed by 40 CFR 51.165(a)(lI). Eastman believesthe SIP should includethe option to offset direct PM2.5 emissions with sulfur dioxide or nitrogen oxide emissions. The Division has revised the proposed rule as follows: In meeting the emissions offset requirements of this subpart for fine particulate matter (PM,.,), the emissions offsets obtained shall be for the same regulated NSR pollutant unless interprecursor trading is allowed in the approved State Implementation Plan (SIP) for the affected PM,, nonattainmentarea. For those nonattainment areas in which interprecursortrading is allowed by the approveed SIP, the offset requirements for direct PM2.5 emissions or emissions of precursors of PM2.5 may be satisfied by offsetting reductions in. direct PM,,, emissions or emissions of any PM2, precursor identified under item (b)l(xlix)(lll) of this paragraph if such offsets comply with the interprecursortrading hierarchy and ratio established in the approved SIPfor the affected nonattainmentarea.
On Page 23, item (i')(l~) for the definition of "regulated NSR pollutant", in the last sentence 

## - "...specific area are not a significant contributor

### ..." please revise the sentence so it reads, "...specific area are a significant contributor

### ..." Thls change has been made
The new items (4)(b)24(i)(XVlt) and (5)(b)l(x)(l)VII on pages 15 and 60 respectively, reference "40 CFR 51.166 andlor 40 CFR 51.165." We suggest referencing Tennessee's corresponding provision for attainment and nonattainment areas as follows: (XVII)PMZ5: 10 tpy of direct PM,, emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM2, precursor under item 47(i)(lll) of this subparagraph. (VII) PMz.~: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM2.5 precursor undersubitem l(xlix)(lll)lll of this subparagraph. Thesechangeshavebeen made.
Inthe Noticeof Proposed rulemaking; (bottomof page 4) it states "Subpart (xlix) of pa? 1 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.O1 Construction Permits is amended by deleting item (Ill) and replacing itwith a new item (Ill) as follows:." Please note that a new item (IV) was also added.

- This was noted at the public hearing.
On Page 72, ~tem (5)(b)l(xl1x)(lll)llI, for the def~nition of "regulated NSR pollutant" bottom of the page, please correct the 

### typographical error by changlng the second use of the word "areas" to the possessive form "area's" Corrected. SS-7039 (July 2010) RDA 1693Commenter: On Page 72, item (IV) for the definition of "regulated NSR pollutant", please correct the typographical error by deleting the duplicate "shall not" in the sentence that begins with "Compliance with emissions

### ..." Response: Corrected.
Commenter The Chamber supports the comments submitted by Eastman Chemical Company dated November3.201 0 Response: See the responseto the commentsfrom EastmanChemicalCompany

SS-7039 (July 2010) RDA 1693Regulatory Flexibility Addendum Pursuantto T.C.A. § 4-5-401through 4-5-404, priorto initiatingthe rule making process as described inT.C.A. § 4-5-202(a)(3) and T.C.A. 

## 5 4-5-202(a), all agencies shall conduct 

### a review of whether a proposed rule or rule affects small businesses. This rule amendment incorporatesthe changes requiredby the United States Environmental ProtectionAgency to insure that Tennessee can attain and maintain the National Ambient Air Quality Standards for fine particulate matter (PMx). The PM2.5 Implementation Rule was promulgated by the EPA on May 16, 2008. Therefore, this rulemaking is exempt from the provisionsof the Regulatory FlexibilityAct of 2007.

SS-7039 (July 2010) RDA 1693

### Impact on Local Governments Pursuantto 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 orregulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 

### (htt~://tn.aovlsos/actsll06/~ub/~clO7O.~df) of the 2010 Sessionof the GeneralAssembly)
The Departmentanticipatesthat these amended rules will not have a financial impacton local governments

SS-7039 (July 2010) RDA 1693Additional Information Required by Joint Government Operations Committee

.. All agencies, upon filing a rule, must also submitthe following pursuantto TCA 4-5-226(i)(1).

(A) A brief summary of the rule and a descriptionof all relevantchanges in previous regulationseffectuated by such rule; This rule amendment incorporates the changes required by the United States Environmental Protection Agency to insure that Tennessee can attain and maintainthe National Ambient Air Quality Standardsfor fine particulate matter (PM2.5). The PM2.~ Implementation Rule was promulgatedby the EPA on May 16, '008. This amendment defines PM,,, precursorand establishes offset requirementsfor major sources of PM2.5 that wish to constructor modify their sources in a non-attainmentarea. 

# - (B) A citation to and brief descriptionof any federal lawor regulationor any state law or regulation mandating promulgationof such rule or establishing guidelines relevant thereto; 40 CFR 51.165(a)(Z)(i)and (ii) and 40 CFR 51.166(a)(7)(iv).These federal regulations require states to submit State Implementation Plans showing how they will attain and maintain the National Ambient Air Quality Standards..Thesespecific requirementswere published inthe Federal Registeron May 16,2008. (C) ldentificationof persons, organizations, corporationsor governmental entities mostdirectly affected bythis rule, andwhether those persons, orqanizations, corporationsor governmentalentlties urge adoptionor

. 

# -

. 

### . 

## - rejectionof this rule;

. ' . Owners and operators of major sources of air pollut~on are affected by this rule. Comments received were addressed to the satisfact~on of the commenters. 

### (D) ldent~fication of any oplnions of theattorney generaland reporter or anyjudcial ruling that directly relatesto \ the rule; 

# I The Department IS not awareof any.



### (E) An estimate of the probable increaseor decrease in state and local government revenues and expenditures, if any, resulting from the promulgationof 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 morethantwo percent 

### (2%) of the agency's annual budgetorfive hundred thousand dollars ($500,000),whichever is less;

-
~ 

# I The f~scal Impact IS min~mal. 

### (F) ldentification of the appropriate agency representativeor representatives,possessing substantial knowledge and understandingof the rule; Lacey J. Hardin D~v~s~on of Air Pollution Control 9th Floor, L & C Annex 401 Church Street Nashv~lle, Tennessee 37243-1531 (G) ldent~f~cat~on of the appropriate agency representativeor representatlveswho will explainthe rule at a - - scheduled meetingofthe committees; Alan M. Leiserson Legal Services Director Departmentof Environmentand conservation 

### (H) Office address, telephone number, and email address of the agency representatweor representatives who will explain the rule at a scheduled meetingof the committees; and SS-7039 (July 2010) 14 RDA 1693Off~ce of General Counsel De artmentof 

### Environment and conse~atlon 

# r 20' Floor 

### L & C Tower Nashv~lle, Tennessee 37243-1548 (615)532-0131 klan:~eiserson@tn,qov 

### (I) Any additlonab information relevantto the rule proposed for continuation that the committee requests. 

# I The Department is not aware of any.

RDA 1693