STATE OF TENNESSEE 

DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

Division of Air Pollution Control 

9th Floor, L&C Annex 

401 Church Street 

Nashville, TN 37243-1531 

November 18.2010 

CERTIFIED MAIL # 7007 3020 0002 5010 1868 

RETURN RECEIPT REQUESTED 

Gwen Keys Fleming, Regional Administrator 

U. S. EPA Region 4 

Atlanta Federal Center, 12th Floor 

61 Forsyth Street, SW 

Atlanta, GA 30303-3104 

Re: Sierra Club 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 of the area surrounding Knoxville, Tennessee as attainment for the 1997 8-hour ozone National Ambient Air 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, but we are submitting a response at EPA's request to clarify two 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 are violations and whether excusal of a violation limits the authority of EPA or citizens to enforce the provisions of 

the Clean Air 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 Quality Act. 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), and paragraph 1200-3-20-.09 of the SIP specifically states that 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 the Act. Similarly, the authority of citizens to 

enforce the requirements of the Act pursuant to CAA 5304 is not limited by the Technical 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 contact Travis Blake at (615) 532-0617. 

Sincerely, 

A+ 

hens, P. . ~i'rector, Division of Air Pollution Control 

cc: Green File 

LGB 

TJ B