# I Department of State 

### ! Division of Publications
II 312 Rosa L. Parks Avenue, 8th Floor SnodgrassiTN Tower

Nashville, TN 37243 

## i Phone: 615-741-2650 'I Fax: 615-741-5133

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____ For Department of State Use Only

# Sequenc::7D~:;:**~**

# tt.? 3 File Date: 

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# J3 Effective Date:

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# Rulemaking Hearing Rule(s) Filing Form RulemakingHearing Rules are rules filedafterandas a resultofarulemakinghearing. T.C.A. §4-5-205

Revision Type (checkall that apply): X Amendment New Repeal Rule(s) Revised (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please enter only ONE Rule Number/Rule Title per row)
1200-03-09 

## I Construction and Operating Permits**~y!~.**Number I Rule Title
------..·---------·-- _______________ ......_ 1200-03-09-.01 1 Construction Permits

SS-7039 (October2011) RDA 1693

### (Place substance of rules and other info here. Statutory authority must be given for each rule change. For information on formatting rules go to http://state.tn.us/sos/rules/1360/1360.htm) Chapter 1200-03-09 Construction and Operating Permits Amendments Part 14 of subparagraph (b) of paragraph (4) of Rule 1200-03-09-.01 Construction Permits is amended by deleting the current part 14 and replacing it with a new part 14 so that, as amended, the new part shall read as follows: 14. "Baseline area" means any intrastate area (and every part thereof) not designated as a nonattainment area in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established, as follows: Equal to or greater than 1**~g/m 3**  

### (annual average) for S02, 

### N02, 

### or PM 10; 

### or equal to or greater than 0.3**~g/m 3**  

### (annual average) for PM2.5• 

### (i) Area redesignations under this Division, 1200-03, cannot intersect or be smaller than the area of impact of any major stationary source or major modification which establishes a minor source baseline date or is subject to the regulations in this paragraph. Part 15 of subparagraph (b) of paragraph (4) of Rule 1200-03-09-.01 Construction Permits is amended by deleting the current part 15 and replacing it with a new part 15 so that, as amended, the new part shall read as follows: 15. "Baseline date": (i) "Major source baseline date" means in the case of PM 10 

### and sulfur dioxide, January 6, 1975; in the case of nitrogen dioxide, February 8, 1988; and in the case of PM2.5, 

### October 20, 2010. (ii) "Minor source baseline date" means the earliest date after the trigger date on which a major stationary source or a major modification submits a complete application to the Technical Secretary or to the EPA administrator. The trigger date is: (I} In the case of PM 10 

### and sulfur dioxide, August 7, 1977; (II} In the case of nitrogen dioxide, February 8, 1988; and (Ill) 

### In the case of PM2.5, 

### October 20, 2011. (iii) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if: (I} The area in which the proposed source or modification would construct is not designated as a nonattainment area for the pollutant on the date of its complete application. (II} In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant. Item (Ill} of subpart (i) of part 6 of subparagraph (d) of paragraph (4) of Rule 1200-03-09-.01 Construction Permits is amended by deleting the current item (Ill} and replacing it with a new item (Ill} so that, as amended, the new item shall read as follows: SS-7039 (October 2011) 

### 2 RDA 1693(Ill) Particulate matter: 10**~g/m 3**  of TSP, 24-hour average 10**~g/m 3**  of PM10, 24-hour average 4**~g/m 3**  of PM2.5, 24-hour average; Subparagraph 

### (I) of paragraph (4) of Rule 1200-03-09-.01 Construction Permits is amended by deleting the current subparagraph 

### (I) and replacing it with a new subparagraph 

### (I) sothat, as amended, the new subparagraph shall read as follows: (I) Ambient Air Increments. In areas designated as class I, II, or 

### Ill, increases in pollutant concentration over the baseline concentration shall be limited tothefollowing: MAXIMUM ALLOWABLE INCREASE (Micrograms per cubic meter)

Pollutant

Annual arithmetic mean 24-hour maximum

PM-10, Annual arithmetic mean PM-10, 24-hour maximum Sulfur dioxide: Annual arithmetic mean 24-hour maximum 3-hour maximum Nitrogen dioxide: Annual arithmetic mean Class II

Annual arithmetic mean 24-hour maximum

Annual arithmetic mean 24-hour maximum Sulfur dioxide: SS-7039 (October 2011) 

### 3 2



### 4 

### 8

2 5 

### 25

2.5

4 9

17 30

RDA 1693Annual arithmetic mean 20 24-hour maximum 91 3-hour maximum 512 Nitrogen dioxide: Annual arithmetic mean 25 Class Ill

Annual arithmetic mean 

### 8 24-hour maximum 

### 18

Annual arithmetic mean 34 24-hour maximum 60 Sulfur dioxide: Annual arithmetic mean 40 24-hour maximum 

### 182 3-hour maximum 700 Nitrogen dioxide: Annual arithmetic mean 50 Foranyperiod otherthan an annual period, the applicable maximum allowable increase may be exceeded during one such period peryear at any one location.
Part 3 of subparagraph (n) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is amended by deleting the current part 3and replacing it with a new part 3 sothat, as amended, the new part shall read as follows: 3. Class IVariances The owner or operator of a proposed source or modification may demonstrateto the Federal Land Managerthat the emissions from such source or modificationwould have noadverse impact on the air quality related values of anysuch lands (including visibility), notwithstandingthat the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations which would exceed the maximum allowable increases for.a Class I area. If the Federal Land Manager concurs with such demonstration and he so certifies, the Technical Secretary, provided that the applicable requirements of this paragraph are otherwise met, may issuethe permit with such emission limitations as may be necessaryas approved bythe Tennessee Air Pollution Control Board to assure that emissions of sulfur dioxide, PM2.5, PM 10, and nitrogen oxides would not exceed the following maximum allowable increases over baseline concentration for such pollutants: Pollutant

SS-7039 (October2011) 

### 4 Maximum Allowable Increase uq/m3
RDA 1693Annual arithmetic mean 24-hr maximum Annual arithmetic mean 24-hr maximum Sulfur dioxide: Annual arithmetic mean 24-hr maximum 3-hr maximum Nitrogen dioxide: Annual arithmetic mean 

### 4 9 17 30 20 91 325 25 Subpart (xix) of part 1 of subparagraph (b) of paragraph (5) of Rule 1200-03-09-.01 Construction Permits is amended by deleting the current subpart (xix) and replacing it with a new subpart (xix) so that, as amended, the new subpart shall read as follows: (xix) "Significantly impact" means the contribution by a new stationary source or modification to the air quality in a nonattainment area in concentrations equal to or greaterthan the amount as follows:

Pollutant Annual Averaqinq Time (hours) 24 8 3 1 so2 1.0**~g/m"** 5**~g/m"** 25**~g/m"** PM10 1.0 WQ/m 0 5 wq/m 0 PM2.s 0.3 wg/m" 1.2 wg/m" N02 1.0 wq/m 0 co 0.5 m_g/m 0 2 mg/m 0 Authority: T.C.A. 

### §§68-201-101 et seq. and 4-5-201 et seq.

SS-7039 (October 2011) 5 RDA 1693

### • Ifa roll-call votewas necessary, the vote by the Agency on these rulemaking hearing rules was as follows: Board Member AVe No Abstain Absent Slanature

### (ifrequired) Dr. J. Ronald Bailey 

# (/"'

Elaine Boyd 

# v

# &-v~/: L .;9 

### Dr. Brian W.Christman 

# V"'
Karen Cisler 

## v

# K~~ Dr. Wayne T. Davis 

# v

# 1VOvttK~~~, Stephen R. 

### Gossett 

# /

# ~**~** /J 

# ;j '511771 

# I ·y 

### MayorTommy 

# v Green 

# " Dr. Shawn

### A. 

## /)

# v-~JJ~ Hawkins 

# 1/ .J,

# va~~tL Helen Hennon 

# I**~~~J.A~** Richard M. Holland 

# /

# ~0~**\\(~** John Roberts 

# v

# ~1'Q 

# 6t**f},~J--** Mayor LarryWaters

# I~ (

# v~~ JimmyWest 

# v**(k~~~l** '/4/d--
Alicia M. Wilson 

# v (fCA , I ,___tJ

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I certify that this is an accurate and complete copy of rulemaking hearing rules, lawfully promulgated and adopted bythe Air Pollution Control Board on 12/12/2012, and is in compliance with the provisions ofT.C.A. 

### §4-5-222.

SS-7039 (October2011) 6 

### RDA 1693**~"-··** 

## '

# . .**~-·-** 

# c: u

.. Ifurther certify the following:

Notice of Rulemaking Hearing filed with the Department of State on: 10/03/12 Rulemaking Hearing(s) Conducted on: (add more dates). 12/04/12
Date: 

# Dee.· I 3 2.-1!) 

## I ?__ 

### Signature:

# ~f!J~~ Name of Officer: __,s,D.rc...ry._R:..:.:..:.

# ~:::to:oe~"'h"'~"'n"-s____________ _ Title of Officer: Technical Secretary
Subscribed and sworn to before me on: 

### --""J1"'"".0C0r>!"""'="-j"'/-U1'-'><-1---'/'""""""'3+, 

## __.2."'-'"'0'-'1'--2..=----- Notary Public Signature:

# _2n..!...!..J~"'"'""''""A"-"".!.!.LJ.g<~--+~""""'"""'=:.L_----::­ My commission expires on:

## -~L-'.--"""7''1=----"'4'-.,1-'**_,C.=.~..0'-'/'--"'3'--------** All rulemaking hearing rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures ACt, Tennessee Code Annotated, Title 4, Chapter 5.

DepartmentofState Use Only

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Rm09-.01c10.doc 

### SS-7039 (October2011)

# ~6.**~~~-tttj-** Robert Cooper, Jr. Attorney General and Reporter 1- (

## g _, 3 

### Date

Filed with the Department of State on: 

### ----/.t_,/'---fz,""'--l{ft.-L-/.Lz.'""'iL_

______ _ Effective on: 

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# '11~ Tre Hargett Secretary of State

7 

### RDA 1693Public Hearing Comments 

### One copy of adocument containing responses to comments made atthe public hearing must accompanythe filing pursuantto T.C.A. 

### § 4-5-222. Agencies shall include only their responses to public hearing comments, which can be summarized. No letters of inquiryfrom parties questioning the rule will be accepted. When no comments are received at the public hearing, the agency need only draft a memorandum stating such and include it with the Rulemaking Hearing Rule filing. Minutes of the meeting will not be accepted. Transcripts are not acceptable. There were no official comments received during the public comment period, but Twunjala Bradley with EPA Region 4 made some verbal comments. We received a letterfrom Scott Davis, Chief of the Air Planning Branch at EPA Region 4, containing those comments formally alter the close of the comment period, although it was postmarked the last day of the comment period. Because the comments were relevant, the proposed rule was revised prior to the hearing and the changes were read into the official record. The comments are summarized below. Comment 1: The Class I variance provision at Rule 1200-03-09-.01(4)(n)3 does not include the PM2.5 

### increments pursuant to the provisions at 51.166(p)(4) regarding Class I variances. The EPA recommends that Tennessee revise the Class I variance regulations to include the PM2

_ 5 

### maximum allowable increases to be consistent with the federal regulations. In addition, the Term "particulate matter" should be revised to read "PM2.5, 

### PM 10." 

### Response: These changes were made. Comment 2: Regarding the definition of baseline date 

### at Rule 1200-03-09-.01(4)(b)15(i) and (ii)(l), the EPA recommends that Tennessee revise the phrase "

...in the case of particulate matter
..." to "

...in the case of PM 10..." 

### Response: These changes were made. Comment 3: Regarding the revision at Rule 1200-03-09-.01(4)(d)6(i)(lll)to adopt the SMC ol4 micrograms per cubic meter into the Tennessee SIP, TDEC explains that they are deleting the current item (Ill) and replacing it with a new item (Ill); however, the new item is incorrectly labeled as item 

### (1). Response: This correction has been made. Comment 4: Regarding the proposed state implementation plan (SIP) rev1s1on at Rule 1200-03-09- .01(5)(b)1(xix)
- Significantly Impact

### to adopt PM2.5 

### Slls, the EPA's authority to implement the PM2

_ 5 

### SILS and SMC lor PSD purposes as promulgated in the October 20, 2010 (Federal Register, 

### sic), has been challenged by the Sierra Club, Sierra Club v. EPA, 

### Case No 10-1413 United States Court of Appeals lor the District of Columbia. Due to the litigation, the EPA is not taking action to approvethe PM2

_ 5 

### Slls intothe SIP at this time. Response: The Division has withdrawn this proposed change.

SS-7039 (October 2011) 

### 8 RDA 1693Regulatory Flexibility Addendum PursuanttoT.C.A. §§ 4-5-401 through 4-5-404, priorto initiating the rule making process as described in T.C.A. § 4-5-202(a)(3) and T.C.A. § 4-5-202(a), all agencies shall conduct a review of whether a proposed rule or rule affects small businesses. The foregoing amendments to Rule 1200-03-09-.01 are to comply with§ 110and 172(c) of the federal Clean Air Act. These amendments relate to the New Source Review Program, which is a mandatory element of the required State Implementation Plan underthe Clean Air Act, therefore, this rulemaking is exemptfrom the requirements ofT.C.A. § 4-5-401 et seq.

SS-7039 (October2011) 

### 9 RDA 1693Impact 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 ofthe rules or regulation, whether the rule or regulation mayhave a projected impact on local governments." (See Public Chapter Number 1070 (http://state.tn.us/sos/acts/106/pub/pc1070.pdf) of the2010 Session of the General Assembly) These proposed rule revisions will not have a projected impacton local governments.

SS-7039 (October2011) 10 RDA 1693Additional Information Required 

### byJoint Government Operations Committee All agencies, upon filing a rule, must also submit thefollowing pursuantto T.C.A. 

### § 4-5-226(i)(1). 

### (A) A brief summaryof the rule and a description of all relevant changes in previous regulations effectuated by such rule; These revisions add line particulate matter (PM2.5) increments to the requirements lor New Source Review. They also add maximum allowable increases of PM2.5 over baseline concentrations for Class I variances and revise the current baseline dates for particulate matter to those for PM 10. These changes are being made to makeTennessee's New Source Review reQulations consistentwith the federal and otherstate reQulations. 

### (B) A citation to and brief description of anyfederal law or regulation or anystate law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto; Changes to Rule 1200-3-9-.01 Construction Permits are mandated by 40 CFR Part 51.165(a)(2)(i) and (ii) and 40CFR Part51.166 a 7 iv. 

### (C) Identification of persons, organizations, corporations or governmental entities most directlyaffected bythis rule, and whetherthose persons, organizations, corporations or governmental entities urge adoption or rejection of this rule; Owners and operators of major sources of air pollution are affected by changes to Rule 1200-03-09-.01 Construction Permits. 

### (D) Identification of anyopinions ofthe attorneygeneral and reporter or anyjudicial ruling that directly relates to the rule; 

# IThe Department is not aware of any.

(E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agencyshall not state thatthe fiscal impact is minimal if thefiscal impact is more than two percent (2%) of the agency's annual budget or live hundred thousand dollars ($500,000), whichever is less; 

## IThe TennesseeAir Pollution Control Board is not aware of any.

(F) Identification ofthe appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule; Lacey

### J. Hardin Division ofAir Pollution Control 9th Floor, L & C Annex 401 Church Street Nashville, Tennessee 37243-1531 (G) Identification of the appropriate agency representative or representatives whowill explain the rule at a scheduled meeting of the committees; Alan M. Leiserson Legal Services Director, Office of General Counsel Tennessee Department of Environment and Conservation 201h Floor, L & C Tower Nashville, TN 37243-1548 (H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting ofthe committees; and 

# I Legal Services Director, Office of General Counsel

SS-7039 (October 2011) 11 RDA 1693Tennessee Department of Environment and Conservation 201 h Floor, L & C Tower Nashville, TN 37243-1548 (615} 532-0131 Alan.Leiserson @tn.aov (I) Anyadditional information relevant to the rule proposed for continuation thatthe committee requests. 

## IThe Board is not aware of any.

SS-7039 (October 2011) 12 RDA 1693