STATE OF TENNESSEE 

### DEPARTMENT OF ENVIRONMENTAND CONSERVATION Division ofAir Pollution Control 9th Floor, L&CAnnex

401 Church Street Nashville,TN 37243-1531

November 18.2010 CERTIFIEDMAIL # 70073020 0002 5010 1868 RETURN RECEIPTREQUESTED

Gwen Keys Fleming, RegionalAdministrator U. S. EPA Region 4 Atlanta Federal Center, 12th Floor 61Forsyth Street,SW Atlanta, GA 30303-3104 Re: 

### SierraClub Comments on Knoxville Redesignation Request (1997 

### Ozone Standard)
Dear Ms. Fleming: The Division of Air Pollution Control received a copy of the letter dated November 8,2010,from the School of Law, Washington University in St. Louis, on behalf of the Sierra Club, including its members in Tennessee and downwind. The letter submitted comments on EPA's proposed redesignation ofthe area surrounding Knoxville, Tennessee asattainment for the 1997 8-hourozone National AmbientAir Quality Standard (NAAQS), and approval of a maintenance plan for the area. Tennessee contends that the Sierra Club's comments are not relevant to Knoxville's attainment demonstration for the 1997 ozone NAAQS, butwe are submitting a response atEPA's request to clarifytwo issues addressed by the November 8 letter. Chapter 1200-3-20 of the Tennessee State Implementation Plan (SIP) empowers the Technical Secretary of the Tennessee Air Pollution Control Board to excuse emissions violations that result from startup, shutdown, and malfunction events. The commenters note that this regulatory scheme simply makes explicit the type of enforcement discretion that any enforcement authority inherently possesses, but contend that Chapter 20 has been construed as a blanket exemption from enforcement. EPA has asked Tennessee to clarify whether excused excess emissions areviolations and whether excusal of a violation limits the authority of EPA or citizens to enforcethe provisions of the CleanAir Act (CAA). Tennessee considers all excess emissions events, including events for which the Technical Secretary elects not to pursue enforcement action, to be violations of the Tennessee Air Pollution Control Regulations and the Tennessee Air QualityAct. No provision in Chapter 20 prohibits the Technical Secretary from taking enforcement action for excess emissions (including excess emissions resulting from startup, shutdown, and malfunction events), andparagraph 1200-3-20-.09of the SIP specificallystatesthat no provision in Chapter 20 shall limit the authority of the Technical Secretary to enforce the SIP or the obligation of an air contaminant source to attain and maintain the NAAQS. Tennessee notes that EPA's enforcement authorities are established pursuant to CAA $113, and a decision by the Technical Secretary to excuse a violation does not limit EPA's authority to take enforcement action for violations of theAct. Similarly,the authority of citizens to enforcethe requirements of theAct pursuant to CAA5304 is not limited by theTechnical Secretary's decision.
In summary, Chapter 1200-3-20 of the Tennessee SIP is a statement of the Technical Secretary's enforcement discretion, and it does not affect the ability of EPA, citizens, or TDEC to pursue enforcement action. The commenters' assertion of a blanket exemption from enforcement is incorrect. If you have any questions concerning this correspondence, please contactTravis Blake at (615)532-0617. Sincerely,

# A+
hens, P. 

## . ~i'rector, Division ofAir Pollution Control

cc: Green File LGB TJ

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