STATE OF TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION DIVISION OF AIR POLLUTION CONTROL

December 13, 2012 Ms. Gwendolyn Keys Fleming Regional Administrator U.S. EPA, Region IV Atlanta Federal Center, 121 h Floor 61 Forsyth Street, S.W. Atlanta, Georgia 30303-8960 9TH FLOOR L & C ANNEX 401 CHURCH STREET NASHVILLE, TN 37243-1531 Certified Mail: # 7010 0780 0001 5009 4350 Return Receipt Requested

Subject: Request to Incorporate a Revision to the Knox County Air Quality Management Regulations into the Federally Approved SIP for Tennessee Dear Administrator Fleming: The Tennessee Division of Air Pollution Control received a request from the Knox County Department of Air Quality Management to submit to EPA a Revision to the Knox County Air Quality Management Regulations portion of the State Implementation Plan (SIP). The requested revision amends Section 13 "Definitions". The specific revision adds two conditions to the definition of "Modification" in the Knox County Department of Air Quality Management Regulations. These additional conditions make the Knox County definition of "Modification" similar to that of the State of Tennessee's definition of "Modification". Included in this transmittal is one paper copy of the proposed amendment as well as an electronic copy on compact disc that is identical to the paper copy. In addition, a public hearing notice, which indicates the time and location of the public hearing to receive comments on this SIP revision, is enclosed. Your prompt consideration of this request is appreciated. If you need further information or documentation, please contact Marc Corrigan at (615) 532-0616. 

## s· 1

### ~ tephen , P. E. Secretary Tennessee Air Pollution Control Board Enclosures
cc: Mr. R. Scott Davis, Branch Chief US EPA Ms. Lynorae Benjamin, US EPA Ms. Kelly Sheckler, US EPA Ms. Lynne A. Liddington, Knoxville, TN Mr. Malcolm H. Butler, DAPC, Nashville, TN Mr. Marc Corrigan, DAPC, Nashville, TN

# ATTACHMENT 1

### • TENNESSEE DEPARTMENT OF ENVIRONMENT & CONSERVATION BUREAU OF ENVIRONMENT DNISION OF AIR POLLUTION CONTROL INTHE MATTER OF REGULATORY AMENDMENT TO THE KNOX COUNTY PORTION OF THE STATE IMPLEMENTATION PLAN (SIP)
REVISION TO SECTION 13.1 "DEFINITIONS" OF THE KNOX COUNTY AIR QUALITY MANAGEMENT REGULATIONS ) ) ) ) ) ) ) )
BOARD ORDER ORDERNO. 12- 018

The following matter came before the Tennessee Air Pollution Control Board on December 12,2012. On November 27, 2012, the Knox County Department of Air Quality Management submitted notification to the Division ofa regulatory change to the Knox County Air Quality Management Regulations. Details ofthe revisions are contained in Attachment 1. A Public hearing notice of the proposed revision was available on-line at www.lmoxcountv.om/airguality and published in the September 16, 2012, issue of the Knoxville News Sentinel. The Knox County Air Pollution Control Board approved the revisions to the Knox County Department ofAir Quality Management's Regulations on October 17, 2012. The adopted revisions to the regulations are outlined in the Knox County Air Board meeting minutes- Board ActionNo. 10-17-12 in Attachment I. The Division ofAir Pollution Control has reviewed the changes to the language in the Knox County Department of Air Quality Management's Regulations and finds them acceptable
. Following the Board's approval, the Knox County portion ofthe State Implementation Plan shall be amended, and the regulatory amendment outlined in Attachment I incorporated.

Board OroerNo. 12-018

### OFFICE OF COUNTY MAYOR Air

### QualityManagement 140 DameronAvenue, Knoxville, TN 37917



### Mr. BanyStephens, P.E., Director Division ofAir

### Pollution Control 

### November27, 2012

TN Department

### ofEnvironment & 

### Conservation 

### 9thFloor, L&C Annex Nashville,TN 37243-1531


### Dear

### Mr. Stephens: On

### October 17,2012

### the Knox 

### CowttyAir

### Pollution Control Board 

### amendedthe Knox 

### CowttyAir

### QualltyManagement Regulations. 

### These amendments affected the following rules: 

### Section 13.0, Definition.s, regarding 

### the term"Modification". TheDepartment 

### requests this

### changebeincluded inthe State Implementation Plan (SIP). Section 25.70, 

### adding new definition 

### for the term"TitleI**Modification~** 

### at 25.70.B.28. Please

### note this is 

### not a SIP item. This is a change

### intheTitle

### V/Part70 m:Yor S01l1'ql operatingpermjtregulations. 

### The Departmentis

### notifyingthe State

### thethis itemwill be submitteddirectly

### toEPA byfor 

### further action. 

### Section40.0, adding

### new entry"NNNN", 

### andadoptingby

### reference the

### Federnl NSPS cited in40 CFR 60, SubpartGa. Please

### note that this 

### is nota SIP item. 

### The Depalimentisjust

### notifyingtheStateofthe adoption by

### referenceto the KCAQM regulations. In

### addition, a " Supplementto the

### MaintenancePlanUpdate" (SMPU) was approvedby

### theKCAPC Board. As 

### indicatedinprevious cOrrespondence this is 

### to be includedin

# the SIP. 

### Documentationhas been submitted ofour**compl~**

### regulatory process thatclearly delineates the incOrporation ofsaid changes into our'regulations, as well as the approval process for 

### the SMPU. : .
phone**665.215.5~00** • fax 865.215.59-02. aqm@aqm.co.knox.tn.ns 

# I I I


# f

### Enclosedare copies ofthepublic notice, agenda, adopted amendments, and meeting minutes for the 

### October 17,2012 activities. Also 

### enclosedis Board ActionNo. I0-17-12. Please letmeknow if

### youhave any

### questions orcomments concerning this matter. Sincerely,

# cfr:!_~ Director Enclosures(s) 

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# ..... 249

..2<')5Knox County Air Pollution Control Board Regulatory Revisions

October 17, 2012



### 1. Amend Section 13.1 by adding to the definition of"Modification" the new Sections E. and F. which reads as follows: "E. Any physical change in an air contaminant source (or change in the method of operation ofan air contaminant source) subject to a major source operating permit, which does not meet the definition of"Title I Modification" but which qualifies as an operational flexibility change , as a minor permit modification, or for group processing ofminor permit modifications, shall not require a construction permit. The terms used herein are identified in detail in Section 25.70. F. 

### 1. With the Director's approval, any physical change in an air contaminant source ( or change in the method ofoperation ofan air contaminant source) meeting all of the following 3 provisions shall not require a construction permit:

- The change is not subject to requirements of a Title V Operating Permit ( Sect. 25.70), a New Source Review Permit (Sect. 41.0), or a Prevention of Significant Deterioration Permit (Sect. 45.0); -The change does not result in emissions exceeding the emissions allowable under the existing operating permit; -The change does not result in the emission of any air contaminant (to which an emission standard applies) not previously emitted. 2. The air contaminant source, to make changes pursuant to this part, shall provide the Director with written notification ofat least 7 days in advance ofthe proposed change. The written notification shall contain a briefdescription ofthe change, the date on which the change will occur, pollutants emitted, declaration ofany change in emissions, and any applicable requirements that would apply as a result ofthe change. The written notice shall also contain a statement that the change does not result in emissions exceeding the emissions allowable under the existing operating permit. The Director andthe air contaminant source shall keep each such notice on file with a copy ofthe relevant permit. "

( continued onthe nextpage)Page2 Knox County Air Pollution Control Board Regulatory Revisions

October 17,2012

2. Amend Section 25.70 by adding new Section 25.70.B.28 whichreads as follows:
28. "Title I Modification" or "modification under anyprovision ofTitle I ofthe federal Act" means any modificationunder Section 111 and Section 112 ofthe Federal Act and any physical change orchange in method ofoperations that is subject to the preconstructionregulations promulgated under Parts C and D ofthe Federal Act. "
3. Amend Section 40.2 by adding the following entry which reads as listedbelow:

,, NNNN. Standards offor Nitric Acid Plants for Which Construction, Reconstruction orModification Commenced AfterOctober 14,2011, as specified in 40 CFR 60, Subpart Ga, as amended, as adoptedby Knox County on October 17, 2012. "

### "Modification" shall mean any physical change in, or change in the method of operation of an air contaminant source, which increases the amount ofany air contaminant (to which an emission standard applies) emitted by such source or which results in the emission of any air contaminant (to which an emission standard applies) not previously emitted except that: A. Routine maintenance, repair, and replacement shall not be considered physical changes, and B. The following shall notbe considered a change inthe method ofoperation: 1. An increase in the production rate, if such increase does not exceed the operating design capacity nor the stated production rate on the permit ofthe affected source; 2. An increase in hours of operation if such increase does not exceed the operating hours stipulated as a penni! condition ofthe source; 3. The use of an alternative fuel ifthe source is designed to accommodate such alternative fuel; 4. Required alterations to equipment for the use of an alternative fuel or raw material byreason ofan odor under Section 2(a) and (b) ofthe energy Supply and Enviromnental Coordination Act of 1974 (or any superseding legislation) or by reason ofa natural gas curtailment plan in effect pursuant to the Federal Power Act. C. The burden ofproofestablishing that a change is excepted under Parts A and B is on the owner or operator. The Director shall rule on whether or not a reported change is expected in timely fashion. Further expansions or restrictions of the

. definition may be listed in specific chapters orrules. D. "Major Modification" is defined in Section 45.0 and shall be overriding for the purposes ofthat section. E. Any physical change in an air contaminant source (or change in the method of operation ofan air contaminant source) subject to a major source operating pennit. which does not meet the definition of''Title I Modification" butwhich qualifies as an operational flexibility change , as a minor permit modification, or for group processing ofminor pennit modifications. shall not require a construction penni!. The terms used herein are identified in detail in Section 25.70.

### F. I. 

### With the Director's approval, any physical change in an 

### air contaminant source ( or change in the method of operation of an air contaminant source) meeting all of the following 3 provisions shall not require a constructionpermit: -The change is not subject to requirements ofa Title V Operating Permit (Sect. 25.70), a New Source Review Permit (Sect. 41.0). or a Prevention of Significant Deterioration Permit (Sect. 45.0); -The change does not result in emissions exceeding the emissions allowable under the existing operating permit -The change does not result in the emission ofany air contaminant (to which an emission standard applies) not previously emitted. 2. The air contaminant source. to make changes pursuant to this part, shall provide the Director with written notification of at least 7 days in advance ofthe proposed change. The written notification shall contain a briefdescription ofthe change. the date on which the change will occur, pollutants emitted, declaration ofany change in emissions, and any applicable requirements that would apply as a result ofthe change. The written notice shall also contain a statement that the change does not result in emissions exceeding the emissions allowable under the existing operating permit. The Director and the air contaminant source shall keep each such notice on file with a copy ofthe relevant permit. "

# . KNOXCOUNTY
. AIR POLLUTION CONTROL BOARD BOARD ACTION NO.**10~17-12** 

# ·

The Knox County Department ofAir Quality Management requests the Board formally approve amendments to Sections 13.1, 25.70.B.28, 40.2.NNNN ofthe Knox County Air Quality Management Regulations. The Knox County Department of Air Quality Management also requests the Board fonnally approve the adoption ofthe Supplementto the Maintenance Update into the Tennessee State Implementation Plan. A complete and accurate copy ofthe proposed regulations is contained in

### the attachedmaterial. Notice ofthis proposed action was published in the September 16, 2012 issue ofthe KnoxvilleNews-Sentinel.

Lynne A. 

### Liddington, Director Knox County DepartmentofAir QualityManagement And 

### Technical Secretary, Knox County Air Pollution Control Board**•******************~*************************** 

### The items listed above were approved by a majority vote of the Knox County Air 

### Pollution Control Boru:d on October 17,2012. • . . -,..**:·-~:·_~~!J** 

## I ;

# l I

# ~ _: c=KNOX COUNTY AIR POLLUTION CONTROL BOARDMEETING TilE KNOX COUNTY AIR POLLUTION CONTROL BOARD MET IN REGULAR SESSION ON WEDNESDAY, OCTOBER 17, 20I2 AT 4:00P.M. IN THE 2ND FLOOR MAIN CONFERENCE ROOM OF THE KNOX COUNTY HEALTH DEPARTMENT, 140 DAMERON AVENUE. THOSE MEMBERS PRESENT WERE MR. STEVE IDLLENBRAND, MR. BRENT JOHNSON, MR. MIKE CONGER, MS. CINDY PIONKE, AND MS. LISA STINTON. ALSO PRESENT WAS MEMBERS OF THE KNOX COUNTY DEPARTMENT OF AIR QUALITY MANAGEMENT STAFF.
MS. LISA STINTON, CHAIR PERSON, PRESIDED. 

### ********** TilEFOLWWINGPROCEEDINGS WERE HAD AND ENTERED OF RECORD TO WIT: 

### *********
IN RE: ROLL CALL MS. LISA STINTON CALLED ROLL, AND IT WAS DETERMINED THAT A QUORUM WAS PRESENT. **********

IN RE: APPROVAL OF MINUTES FROM MEETING OF JULY I8, 2012 MR. STEVE HILLENBRAND MOVED THAT THE MINUTES FROM THE MEETING OF JULY 18, 2012 BE APPROVED AS READ. MS. CINDY PIONKE SECONDED THE MOTION AND UPON VOTE, TilEMOTION CARRIED. 

### *********

IN RE: AMENDMENTS TO THE AGENDA MS. LISA STINTON ASKED IF THERE WERE ANY AMENDMENTS TO THE AGENDA. MR. WILLIAM SCHAAD REQUESTED THAT REGULATION 25.0BEREMOVED FROM TilEAGENDA
**********IN RE: REGULATION CHANGES MR. WILLIAM SCHAAD PRESENTED THE PROPOSED REGULATORY AMENDMENT TO SECTIONS 13.l.E AND 13.l.F (DEFINITIONS). A MOTION TO ADOPT WAS MADE BY MR. STEPHEN IDLLENBRAND AND MR. MIKE CONGER SECONDED THE MOTION AND UPON VOTE, THE MOTION CARRIED.
MR. WILLIAM SCHAAD PRESENTED THE PROPOSED REGULATORY AMENDMENT TO SECTION 40.2.NNNN (REGULATION FOR THE PERFORMANCE OF NEW STATIONARY SOURCES). A MOTION TO ADOPT WAS MADE BY MR. STEPHEN HILLENBRAND AND MR. BRENT JOHNSON SECONDED THE MOTION AND UPON VOTE, THE MOTION CARRIED.
MR. STEVE MCDANIEL PRESENTED THE PROPOSED APPROVAL OF THE SUPPLEMENT TO THE MAINTENANCE PLAN UPDATE FOR KNOX COUNTY, TENNESSEE. A MOTION TO ADOPT WAS MADE BY MS. CINDY PIONKE AND MR. MIKE CONGER SECONDED THE MOTION AND UPON VOTE, THE MOTION CARRIED.

A COMPLETE COPY OF THESE REGULATORY ACTIONS IS FILED WITH THESE MINUTES. 

### *********
IN RE: ENFORCEMENT UPDATE MR. STEVE MCDANIEL DISCUSSED WITH THE BOARD THE SEVEN NOTICES OF VIOLATION.
A COMPLETE COPY OF TillS UPDATE IS FILED WITH THESE MINUTES.

********* IN RE: REPORTS MR. WILLIAM SCHAAD AND MR. STEVE MCDANIEL DISCUSSED THE KNOX AG SHAMROCKMULCH FIRE AND GERDAU PERMIT.



### ********* IN RE: CITIZEN'S COMMENTS AND REQUESTSMS. LISA STINTON ASKED IF THERE WAS ANYONE PRESENT WHO WISHED TO ADDRESS THE BOARD. THERE WERE NONE.


### **********
IN RE: ADJOURNMENT A MOTION TO ADJOURN THE MEETING WAS MADE BYMR. STEVE HILLENBRAND AND SECONDED BY MR. BRENT JOHNSON.