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 

IN THE 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 

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BOARD ORDER 

ORDER NO. 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 of a regulatory change to the Knox County Air Quality Management Regulations. Details of the 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 of Air 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 Action No. 10-17-12 in Attachment I. 

The Division of Air 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 of the State Implementation Plan shall be amended, and 

the regulatory amendment outlined in Attachment I incorporated. 

Board OroerNo. 12-018 

OFFICE OF COUNTY MAYOR 

Air Quality Management 

140 Dameron Avenue, Knoxville, TN 37917 

Mr. Bany Stephens, P .E., Director 

Division of Air Pollution Control 

November 27, 2012 

TN Department of Environment & Conservation 

9th Floor, L&C Annex 

Nashville, TN 37243-1531 

Dear Mr. Stephens: 

On October 17,2012 the Knox Cowtty Air Pollution Control Board amended the 

Knox Cowtty Air Quallty Management Regulations. These amendments affected the 

following rules: 

Section 13.0, Definition.s, regarding the term" Modification". The Department 

requests this change be included in the State Implementation Plan ( SIP). 

Section 25.70, adding new definition for the term" Title I Modification~ at 

25.70.B.28. Please note this is not a SIP item. This is a change in the Title V/ Part 70 

m:Yor S01l1'ql operatingpermjt regulations. The Department is notifying the State the this 

item will be submitted directly to EPA by for further action. 

Section 40.0, adding new entry" NNNN", and adopting by reference the Federnl 

NSPS cited in 40 CFR 60, Subpart Ga. Please note that this is not a SIP item. The 

Depaliment is just notifying the State of the adoption by reference to the KCAQM 

regulations. 

In addition, a " Supplement to the Maintenance Plan Update" (SMPU) was 

approved by the KCAPC Board. As indicated in previous cOrrespondence this is to be 

included in the SIP. 

Documentation has been submitted of our compl~ regulatory process that clearly 

delineates the incOrporation of said 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 

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Enclosed are copies of the public notice, agenda, adopted amendments, and meeting 

minutes for the October 17, 2012 activities. Also enclosed is Board Action No. I 0-17-12. 

Please let me know if you have any questions or comments concerning this matter. 

Sincerely, 

cfr:!_~ Director 

Enclosures(s) 

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Knox 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 of an 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 of minor 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 of operation of an 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 of at least 7 days in advance of the proposed 

change. The written notification shall contain a brief description of the change, the 

date on which the change will occur, pollutants emitted, declaration of any change 

in emissions, and any applicable requirements that would apply as a result of the 

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 of the relevant permit. " 

( continued on the next page) 
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 which reads as follows: 

28. "Title I Modification" or "modification under any provision of Title I of the federal 

Act" means any modification under Section 111 and Section 112 of the Federal 

Act and any physical change or change in method of operations that is subject to 

the preconstruction regulations promulgated under Parts C and D of the Federal 

Act. " 

3. Amend Section 40.2 by adding the following entry which reads as listed below: 

,, NNNN. Standards of for Nitric Acid Plants for Which Construction, 

Reconstruction or Modification Commenced After October 14,2011, as 

specified in 40 CFR 60, Subpart Ga, as amended, as adopted by 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 of any 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 not be considered a change in the method of operation: 

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 of the 

affected source; 

2. An increase in hours of operation if such increase does not exceed the 

operating hours stipulated as a penni! condition of the source; 

3. The use of an alternative fuel if the source is designed to accommodate such 

alternative fuel; 

4. Required alterations to equipment for the use of an alternative fuel or raw 

material by reason of an odor under Section 2(a) and (b) of the energy Supply 

and Enviromnental Coordination Act of 197 4 (or any superseding legislation) 

or by reason of a natural gas curtailment plan in effect pursuant to the Federal 

Power Act. 

C. The burden of proof establishing 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 or rules. 

D. "Major Modification" is defined in Section 45.0 and shall be overriding for the 

purposes of that section. 

E. Any physical change in an air contaminant source (or change in the method of 

operation of an air contaminant source) subject to a major source operating pennit. 

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 of minor 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 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 of at least 7 days in advance of the proposed change. 

The written notification shall contain a brief description of the change. the date on which 

the change will occur, pollutants emitted, declaration of any change in emissions, and any 

applicable requirements that would apply as a result of the 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 of the relevant permit. 

" 
. KNOXCOUNTY . 

AIR POLLUTION CONTROL BOARD 

BOARD ACTION NO. 10~17-12 · 

The Knox County Department of Air Quality Management requests the Board formally 

approve amendments to Sections 13.1, 25.70.B.28, 40.2.NNNN of the Knox County Air Quality 

Management Regulations. The Knox County Department of Air Quality Management also 

requests the Board fonnally approve the adoption of the Supplement to the Maintenance Update 

into the Tennessee State Implementation Plan. A complete and accurate copy of the proposed 

regulations is contained in the attached material. Notice of this proposed action was published in 

the September 16, 2012 issue of the Knoxville News-Sentinel. 

Lynne A. Liddington, Director 

Knox County Department of Air 

Quality Management 

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. • 

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KNOX COUNTY AIR POLLUTION CONTROL BOARD MEETING 

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. 

********** 

TilE FOLWWING PROCEEDINGS 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, TilE MOTION 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 25.0 BE REMOVED FROM TilE AGENDA 

********** 
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. 

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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 

SHAMROCK MULCH FIRE AND GERDAU PERMIT. 

********* 

IN RE: CITIZEN'S COMMENTS AND REQUESTS 
MS. 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 BY MR. STEVE HILLENBRAND AND 

SECONDED BY MR. BRENT JOHNSON.