Page 1 of 2 pages

LEGAL NOTICE

OF PUBLIC HEARING

TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION

DIVISION OF AIR POLLUTION CONTROL 

There will be a public hearing before the Technical Secretary of the Tennessee Air Pollution Control Board 

to consider the promulgation of an amendment to the Tennessee Air Pollution Control Regulations and the 

State Implementation Plan pursuant to Tennessee Code Annotated, Section 68-201-105. The comments 

received at this hearing will be presented to the Tennessee Air Pollution Control Board for their 

consideration in regards to the proposed regulatory amendment. The hearing will be conducted in the 

manner prescribed by the Uniform Administrative Procedures Act, Tennessee Code Annotated, Section 4-

5-201 et seq. and will take place in the 9th Floor Conference Room of the L & C Annex, located at 401 

Church Street, Nashville, Tennessee 37243-1531, at 9:30 a.m. on Wednesday, November 17, 2010. 

Anyone desiring to make oral comments at this public hearing is requested to prepare a written copy of 

their comments to be submitted to the hearing officer at the public hearing.

Written comments not submitted at the public hearing will be included in the hearing record only if 

received by the close of business on Wednesday, November 17, 2010, at the following address: Technical 

Secretary, Tennessee Air Pollution Control Board, 9th Floor, L & C Annex, 401 Church Street, Nashville, 

TN 37243-1531.

Any individuals with disabilities who wish to participate in these proceedings or to review these filings

should contact the Tennessee Department of Environment and Conservation to discuss any auxiliary aids or 

services needed to facilitate such participation. Such initial contact may be in person, by writing, telephone, 

or other means, and should be made no less than ten (10) days prior to Wednesday, November 17, 2010, or 

the date such party intends to review such filings, to allow time to provide such aid or service. Contact Ms. 

Beverly Evans, Tennessee Department of Environment and Conservation ADA Coordinator, 12th Floor, 

401 Church Street, Nashville TN 37243, (615) 532-0207. Hearing impaired callers may use the Tennessee 

Relay Service (1-800-848-0298). 

If you have any questions about the origination of this rule change, you may contact Mrs. Lacey Hardin at 

(615) 532-0545. Copies of documents concerning this matter are available for review at the office of the 

Technical Secretary and at certain public depositories. For information about reviewing these documents, 

please contact Mr. Malcolm H. Butler, 9th Floor, L & C Annex, 401 Church Street, Nashville, TN 37243-

1531, telephone (615) 532-0600.

Summary of Proposed Changes

Rule 1200-03-26-.02 Construction and Annual Emission Fees is being revised by changing the amount of 

annual fees being charged to Title V sources for actual and allowable emissions. 

The majority of the proposed changes are required by the final rule pertaining to Implementation of the 

New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5), which 

was published in the Federal Register on May 16, 2008. One proposed change is a typographical correction 

to a previous rulemaking.

Revisions considered at this hearing may be adopted by the Tennessee Air Pollution Control Board under 

T.C.A. 68-201-105, the Board general authority to promulgate rules.

Materials concerning the proposed actions will be available at http://tn.gov/environment/apc/ppo/ and also for 

public inspection during normal working hours starting on Friday, October 15, 2010, at the following locations:
Page 2 of 2 pages

Air Pollution Control Division Chattanooga – Hamilton County Air Pollution Control Division

9th Floor, L & C Annex Air Pollution Control Bureau Cookeville EFO

401 Church Street 6125 Preservation Drive 1221 South Willow Ave.

Nashville, TN 37243 Chattanooga, TN 37416 Cookeville, TN 38506

Air Pollution Control Division Air Pollution Control Division Air Pollution Control Division

Knoxville EFO Johnson City EFO Jackson EFO

3711 Middlebrook Pk 2305 Silverdale Road 1625 Hollywood Drive

Knoxville, TN 37921 Johnson City, TN 37601 - 2162 Jackson, TN 38305 

Air Pollution Control Division Knox County Department of Division Air Pollution Control

Columbia EFO Air Pollution Control Memphis - Shelby Co. Health Dept.

2484 Park Plus Drive 140 Dameron Avenue 814 Jefferson Avenue

Columbia, TN 38401 Knoxville, TN 37917-6413 Memphis, TN 38105

Air Pollution Control Division Pollution Control Division U.S. EPA, Region IV

Chattanooga EFO Metropolitan Health Department APTMD - 12th Floor

Suite 550 311 23rd Ave. North Atlanta Federal Center

540 McCallie Ave. Nashville, TN 37203 61 Forsyth Street S.W.

Chattanooga, TN 37402 - 2013 Atlanta, Georgia 30303

c/o Mr. Dick Schutt, Chief

Air Pollution Control Division Kingsport Public Library

Nashville EFO 400 Broad Street

711 R. S. Gass Blvd. Kingsport, TN 37660

Nashville, TN 37243

All persons interested in the air quality of the State of Tennessee are urged to attend and will be afforded the 

opportunity to present testimony to the hearing officer regarding the proposed amendments. Any person 

desiring to present lengthy comments should be prepared at the hearing to offer a written statement to be 

incorporated into the record. Written statements not presented at the hearings will only be considered part of 

the records if received by 4:30 p.m. CDT on Wednesday, November 17, 2010, at the office of the Technical 

Secretary, Tennessee Air Pollution Control Board, 9th Floor L & C Annex, 401 Church Street, Nashville, 

Tennessee, 37243-1531.

D:/ln/October 10-15-2010.doc
SS-7037 (July 2009) 1

Department of State

Division of Publications

312 Rosa L. Parks, 8th Floor Snodgrass Tower

Nashville, TN 37243

Phone: 615.741.2650

Fax: 615.741.5133

Email: register.information@tn.gov

For Department of State Use Only 

Sequence Number:

Notice ID(s):

File Date:

Notice of Rulemaking Hearing

Hearings will be conducted in the manner prescribed by the Uniform Administrative Procedures Act, Tennessee Code Annotated, 

Section 4-5-204. For questions and copies of the notice, contact the person listed below.

Agency/Board/Commission: Environment and Conservation

Division: Air Pollution Control

Contact Person: Lacey J. Hardin

Address:

9

th Floor L & C Annex

401 Church Street

Nashville, Tennessee 37243-1531

Phone: (615) 532-0545

Email: Lacey.Hardin@gov.tn

Any Individuals with disabilities who wish to participate in these proceedings (to review these filings) and may 

require aid to facilitate such participation should contact the following at least 10 days prior to the hearing:

ADA Contact: ADA Coordinator

Address:

TDEC ADA Coordinator

12th Floor

401 Church Street

Nashville, Tennessee 37243

Phone: (615) 532-0207 or for hearing impaired, TN Relay Service 1-800-848-0298

Email: Beverly.Evans@tn.gov

Hearing Location(s) (for additional locations, copy and paste table)

Address 1: 9

th Floor L & C Annex

Address 2: 401 Church Street

City: Nashville, Tennessee

Zip: 37243-1531

Hearing Date : 11/17/10

Hearing Time: 9:30 AM CST EST

Additional Hearing Information:

There will be a public hearing before the Technical Secretary of the Tennessee Air Pollution Control Board to 

consider the promulgation of amendments to the Tennessee Air Pollution Control Regulations and the State 

Implementation Plan pursuant to Tennessee Code Annotated, Section 68-201-105. The comments received at 

this hearing will be presented to the Tennessee Air Pollution Control Board for their consideration in regards to 

the proposed regulatory amendments. The hearing will be conducted in the manner prescribed by the Uniform 

Administrative Procedures Act, Tennessee Code Annotated, Section 4-5-201 et Seq. 

Anyone desiring to make oral comments at this public hearing is requested to prepare a written copy of their 

comments to be submitted to the hearing officer at the public hearing. Written comments not submitted at the 

public hearing will be included in the hearing record only if received by the close of business on Wednesday, 

November 17, 2010, at the office of the Technical Secretary, Tennessee Air Pollution Control Board, 9th Floor, L & 

C Annex, 401 Church Street, Nashville, TN 37243-1531.
SS-7037 (July 2009) 2

If you have any questions about the origination of this rule change, you may contact Ms. Lacey Hardin at (615) 

532-0554. The majority of the proposed changes are required by the final rule pertaining to Implementation of the 

New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5), which was 

published in the Federal Register on May 16, 2008. One proposed change is a typographical correction to a 

previous rulemaking. Copies of documents concerning this matter are available for review at the office of the 

Technical Secretary and at certain public depositories. For information about reviewing these documents, please 

contact Mr. Malcolm Butler, 9th Floor, L & C Annex, 401 Church Street, Nashville, TN 37243-1531, telephone 

(615) 532-0600.

Revisions considered at this hearing may be adopted by the Tennessee Air Pollution Control Board under T.C.A. 68-

201-105, the Board general authority to promulgate rules. The changes proposed below may be revised based on 

comments received from the public, the regulated community, and any other affected entities. The Tennessee Air 

Pollution Control Board will consider all comments and set the fee appropriately.

Materials concerning the proposed actions will be available at http://tn.gov/environment/apc/ppo/ and also for public 

inspection during normal working hours starting on Friday, October 15, 2010, at the following locations:

Air Pollution Control Division Pollution Control Division Air Pollution Control Division

9th Floor, L & C Annex Metropolitan Health Dept. Cookeville EFO

401 Church Street 311 23rd Avenue, North 1221 South Willow Avenue

Nashville, TN 37243-1531 Nashville, TN 37203 Cookeville, TN 38506

Air Pollution Control Division Air Pollution Control Division Air Pollution Control Division

Knoxville EFO Johnson City EFO Jackson EFO

3711 Middlebrook Pk., Suite 220 2305 Silverdale Road 1625 Hollywood Drive

Knoxville, TN 37921 Johnson City, TN 37601-2162 Jackson, TN 38305

Air Pollution Control Division Knox County Department of Division of Air Pollution Control

Columbia EFO Air Quality Management Memphis Environmental Field Office

1421 Hampshire Pike 140 Dameron Avenue, Suite 242 8383 Wolf Lake Drive

Columbia, TN 38401 Knoxville, TN 37917 Bartlett, TN 38133-4119

Air Pollution Control Division Air Pollution Control Division Kingsport Public Library

Chattanooga EFO Nashville EFO 400 Broad Street

540 McCallie Avenue, Suite 550 711 R. S. Gass Boulevard Kingsport, TN 37660

Chattanooga, TN 37402 Nashville, TN 37243

Chattanooga-Hamilton County U.S. EPA, Region IV

Air Pollution Control Bureau APTMD - 12th Floor, Atlanta Federal Center

6125 Preservation Drive 61 Forsyth Street S.W.

Chattanooga, TN 37416 Atlanta, GA 30303

c/o Mr. Richard Schutt, Chief

All persons interested in the air quality of the State of Tennessee are urged to attend and will be afforded the 

opportunity to present testimony to the hearing officer regarding the proposed additions and/or revisions to the State 

Implementation Plan. 

Revision Type (check all that apply):

X Amendment

New

Repeal

Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional 

tables. Please enter only ONE Rule Number/RuleTitle per row.)

Chapter Number Chapter Title

1200-03-09 Construction and Operating Permits

Rule Number Rule Title

1200-03-09-.01 Construction Permits
SS-7037 (July 2009) 3

(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://tn.gov/sos/rules/1360/1360.htm)

Chapter 1200-03-09

Construction and Operating Permits

Amendments In Redline

Subpart (i) of part 24. of subparagraph (b) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is 

amended by adding a new item (XVII) as follows:

(XVII) PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide 

emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not 

to be a PM2.5 precursor under 40 CFR 51.166 and/or 40 CFR 51.165.

Part 47 of subparagraph (b) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is amended by deleting

the current subpart (i) and replacing it with a new subpart (i) so that, as amended, the new subpart shall read as 

follows:

(i) Any pollutant for which a national ambient air quality standard has been 

promulgated and any pollutant identified under this part as a constituent or 

precursor to such pollutant. Precursors identified by the Administrator for 

purposes of NSR are the following: 

(I) Volatile organic compounds and nitrogen oxides are precursors to ozone 

in all attainment and unclassifiable areas.

(II) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable 

areas.

(III) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment 

and unclassifiable areas, unless the State has demonstrated to the 

satisfaction of the EPA Administrator or EPA demonstrates that 

emissions of nitrogen oxides from sources in a specific area are not a 

significant contributor to that area’s ambient PM2.5 concentrations.

(IV) Volatile organic compounds are presumed not to be precursors to PM2.5

in any attainment or unclassifiable area, unless the State has 

demonstrated to the satisfaction of the EPA Administrator or EPA 

demonstrates that emissions of volatile organic compounds from sources 

in a specific area are not a significant contributor to that area’s ambient 

PM2.5 concentrations.

Part 47 of subparagraph (b) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is also amended by

adding a new subpart (vi) as follows:

(vi) Particulate matter (PM) emissions, PM2.5 emissions, and PM10 emissions shall 

include gaseous emissions from a source or activity which condense to form 

particulate matter at ambient temperatures. On or after January 1, 2011, such 

condensable particulate matter shall be accounted for in applicability 

determinations and in establishing emissions limitations for PM, PM2.5, and PM10

in PSD permits. Compliance with emissions limitations for PM, PM2.5, and PM10
SS-7037 (July 2009) 4

issued prior to this date shall not be based on condensable particulate matter 

unless required by the terms and conditions of the permit or the applicable 

implementation plan. Applicability determinations made prior to this date without 

accounting for condensable particulate matter shall not be considered in violation 

of this paragraph unless the applicable implementation plan required 

condensable particulate matter to be included.

Subpart (vi) of part 4 of subparagraph (c) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is 

amended by deleting the last sentence so that, as amended, the subpart shall read:

(vi) Hybrid test for projects that involve multiple types of emissions units. A 

significant emissions increase of a regulated NSR pollutant is projected to occur 

if the sum of the emissions increases for each emissions unit, using the method 

specified in subparts (c)4.(iii) through (iv) of this paragraph as applicable with 

respect to each emissions unit, for each type of emissions unit equals or exceeds 

the significant amount for that pollutant (as defined in part (b)24. of this 

paragraph).

Subpart (iv) of part 6 of subparagraph (d) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is 

amended by deleting the period at the end of the subpart and adding a semicolon (;) followed by the word “or” so 

that, as amended, the subpart shall read:

(iv) The existing air pollutant levels are conservatively estimated to be less than the 

concentrations listed in subpart (i) of this part, and a monitoring network may not 

reliably measure the predicted background concentrations; or

Part 6 of subparagraph (d) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is amended by adding a 

new subpart (v) as follows:

(v) The concentrations of the pollutant in the area that the source or modification 

would affect are less than the concentrations listed in subpart (d)6.(i) of this 

paragraph.

Item (I) of subpart (x) of part 1 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits 

is amended by adding a new subitem VII as follows:

VII PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide 

emissions; 40 tpy of nitrogen oxide emissions unless 

demonstrated not to be a PM2.5 precursor under 40 CFR 51.166 

and/or 40 CFR 51.165.

Subpart (xlix) of part 1 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits is 

amended by deleting item (III) and replacing it with a new item (III) and (IV) as follows:

(III) Any pollutant that is a constituent or precursor of a general pollutant 

listed under items 1.(xlix)(I) or (II) of this subparagraph, provided that a 

constituent or precursor pollutant may only be regulated under NSR as 

part of regulation of the general pollutant. Precursors for purposes of 

NSR are the following:

I Volatile organic compounds and nitrogen oxides are precursors 

to ozone in all ozone nonattainment areas.

II Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment 

areas.

III Nitrogen oxides are presumed to be precursors to PM2.5 in all 

PM2.5 nonattainment areas, unless the State demonstrates to the 

satisfaction of the EPA Administrator or EPA demonstrates that 

emissions of nitrogen oxides from sources in a specific area are 
SS-7037 (July 2009) 5

not a significant contributor to that areas ambient PM2.5

concentrations.

IV Volatile organic compounds and ammonia are presumed not to 

be precursors to PM2.5 in any PM2.5 nonattainment area, unless 

the State demonstrates to the satisfaction of the EPA 

Administrator or EPA demonstrates that emissions of volatile 

organic compounds or ammonia from sources in a specific area 

are a significant contributor to that area’s ambient PM2.5

concentrations; or

(IV) PM2.5 emissions and PM10 emissions shall include gaseous emissions 

from a source or activity which condense to form particulate matter at

ambient temperatures. On or after January 1, 2011, such condensable 

particulate matter shall be accounted for in applicability determinations 

and in establishing emissions limitations for PM2.5 and PM10 in 

nonattainment major NSR permits. Compliance with emissions 

limitations for PM2.5 and PM10 issued prior to this date shall not shall not be 

based on condensable particulate matter unless required by the terms 

and conditions of the permit or the (Tennessee) State Implementation 

Plan. Applicability determinations made prior to this date without 

accounting for condensable particulate matter shall not be considered in 

violation of this rule unless the State Implementation Plan required 

condensable particulate matter to be included.

Subpart (v) of part 2 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits is 

amended by inserting a period after “Offsets”, adding language after the period, and adding a new item (XV) so 

that, as amended, the subpart shall read:

(v) Emissions Offsets. In meeting the emission offset requirements of this 

paragraph, the ratio of total actual emissions reductions to the emissions 

increase shall be at least 1:1 unless an alternative ratio is provided for the 

applicable nonattainment area in items (III), (IV) and (XIV) of this subpart.

(I) Prior to the issuance of a permit under this sub-part, legally enforceable 

emission offsets shall be obtained from the same source or other 

sources in the same non-attainment area, except that such emissions 

reduction may be obtained from a source in another non-attainment area 

if:

I. The other area has an equal or higher non-attainment 

classification than the area in which the source is located; and,

II. Emissions from such other area contribute to a violation of an air

quality standard in the non-attainment area in which the 

proposed new or modified source would construct.

(II) By the time that the new or modified source commences operation, such 

reductions shall be in place such that the total tonnage of emissions of 

any applicable non-attainment air contaminant allowed from the 

proposed new source, or net emissions increase from the modification, 

shall be offset by an equal or greater reduction, as applicable, in the 

actual emissions of such air contaminant from the same or other 

sources.

(III) In meeting the requirements of item (v)(II) of the sub-part for ozone nonattainment areas that are subject to subpart 2, part D, title I of the Clean 

Air Act, the ratio of total actual emission reductions of Volatile Organic 

Compounds and/or Nitrogen Oxides to the net emissions increase of 

Volatile Organic Compounds and/or Nitrogen Oxides shall be as follows: 
SS-7037 (July 2009) 6

I. In any Marginal non-attainment area for ozone - at least 1.1 to 1;

II. In any Moderate non-attainment area for ozone - at least 1.15 to 

1;

III. In any Serious non-attainment area for ozone - at least 1.2 to 1;

IV. In any Severe non-attainment area for ozone - at least 1.3 to 1;

V. In any Extreme non-attainment area for ozone - at least 1.5 to 1.

(IV) Within an ozone transport region that is subject to subpart 2, part D, title I 

of the Clean Air Act, for any area designated for ozone attainment, 

unclassified, or Marginal non-attainment, the ratio of total actual emission 

reductions of Volatile Organic Compounds and/or Nitrogen Oxides to net 

emissions increase of Volatile Organic Compounds and/or Nitrogen 

Oxides shall be at least 1.15 to 1.

(V) I. Emissions reductions achieved by shutting down an existing 

emission unit or curtailing production or operating hours may be 

generally credited for offsets if they meet the requirements in 

sections IA and B of this item.

A. Such reductions are surplus, permanent, quantifiable, 

and federally enforceable.

B. The shutdown or curtailment occurred after the last day 

of the base year for the SIP planning process. For 

purposes of this paragraph, the Technical Secretary may 

choose to consider a prior shutdown or curtailment to 

have occurred after the last day of the base year if the 

projected emissions inventory used to develop the 

attainment demonstration explicitly includes the 

emissions from such previously shutdown or curtailed 

emission units. However, in no event may credit be 

given for shutdowns that occurred before August 7, 

1977.

II. Emissions reductions achieved by shutting down an existing 

emissions unit or curtailing production or operating hours and 

that do not meet the requirements in section IB of this item may 

be generally credited only if:

A. The shutdown or curtailment occurred on or after the 

date the construction permit application is filed; or

B. The applicant can establish that the proposed new 

emissions unit is a replacement for the shutdown or 

curtailed emissions unit, and the emissions reductions 

achieved by the shutdown or curtailment met the 

requirements of section IA of this item.

(VI) With respect to a proposed increase in VOC emissions, no emissions 

credit shall be allowed for reductions in any organic compound 

specifically excluded from the definitions of “VOC” in this Division 1200-

3.
SS-7037 (July 2009) 7

(VII) Credit for an emissions reduction may be claimed to the extent that the 

reduction has not been relied on in any permit already issued under 

regulations approved pursuant to 40 CFR Parts 51, 52, and 70,(July 1, 

1993) or the State has not relied on it in demonstrating attainment or 

reasonable further progress. Incidental emissions reductions which are 

not otherwise required under the federal Clean Air Act (As amended 

November 15, 1990) may be credible as emissions reductions for such 

purposes if such emissions reductions meet the applicable requirements 

of this part.

(VIII) Procedures relating to the permissible locations of offsetting emissions 

shall be followed which are at least as stringent as those set out in 40 

CFR Part 51, Appendix S, Section IV.D. (July 1, 1993 ).

(IX) Reserved.

(X) Reserved.

(XI) The total tonnage of increased emissions, in tons per year, resulting from 

a major modification that must be offset in accordance with section 173 

of the Federal Clean Air Act shall be determined by summing the 

difference between the allowable emissions after the modification (as 

defined by sub-part 1.(xi) of this subparagraph) and the actual emissions 

before the modification (as defined in sub-part 1.(xiii) of this 

subparagraph) for each emissions unit.

(XII) Where the emissions limit under this division 1200-03 allows greater 

emissions than the potential to emit of the source, emissions offset credit 

will be allowed only for control below this potential;

(XIII) For an existing fuel combustion source, credit shall be based on the 

allowable emissions under this division 1200-03 for the type of fuel being 

burned at the time the application to construct is filed. If the existing 

source commits to switch to a cleaner fuel at some future date, 

emissions offset credit based on the allowable (or actual) emissions for 

the fuels involved is not acceptable, unless the permit is conditioned to 

require the use of a specified alternative control measure which would 

achieve the same degree of emissions reduction should the source 

switch back to a dirtier fuel at some later date. The Technical Secretary 

shall ensure that adequate long-term supplies of the new fuel are 

available before granting emissions offset credit for fuel switches

(XIV) Within an ozone non-attainment area that is subject to subpart 1, part D, 

title I of the Clean Air Act (but is not subject to subpart 2, part D, title I of 

the Act, including 8-hour ozone non-attainment areas subject to 40 CFR 

51.902(b)), the ratio of total actual emissions reductions of either volatile 

organic compound or nitrogen oxides to the emissions increase of either 

volatile organic compounds or nitrogen oxides shall be at least 1:1.

(XV) In meeting the emissions offset requirements of this subpart for fine 

particulate matter (PM2.5), the emissions offsets obtained shall be for the 

same regulated NSR pollutant unless interprecursor trading is allowed in 

the approved State Implementation Plan (SIP) for the affected PM2.5

nonattainment area. For those nonattainment areas in which 

interprecursor trading is allowed by the approved SIP, the offset 

requirements for direct PM2.5 emissions or emissions of precursors of 

PM2.5 to may be satisfied by offsetting reductions in direct PM2.5

emissions or emissions of any PM2.5 precursor identified under item 

(b)1.(xlix)(III) of this paragraph if such offsets comply with the 
SS-7037 (July 2009) 8

interprecursor trading hierarchy and ratio established in the approved 

SIP for the affected nonattainment area.

Subpart (xvii) of part 2 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits is 

amended by deleting the last sentence so the subpart reads as follows:

(xvii) Hybrid test for projects that involve multiple types of emissions units. A 

significant emissions increase of a regulated NSR pollutant is projected to occur 

if the sum of the emissions increases for each emissions unit, using the method 

specified in subparts 2.(xiv) through (xv) of this subparagraph as applicable with 

respect to each emissions unit, for each type of emissions unit equals or exceeds

the significant amount for that pollutant (as defined in subpart 1.(x) of this 

subparagraph). 

Authority: T.C.A. §§68-201-105

I certify that the information included in this filing is an accurate and complete representation of the intent and 

scope of rulemaking proposed by the agency.

Date:

Signature:

Name of Officer: Barry R. Stephens, P.E.

Title of Officer: 

Director

Tennessee Division of Air Pollution Control

Subscribed and sworn to before me on:

Notary Public Signature:

My commission expires on:

Department of State Use Only

Filed with the Department of State on:

______________________________

Tre Hargett

Secretary of State

09-.01c9.doc
SS-7037 (July 2009) 1

Department of State

Division of Publications

312 Rosa L. Parks, 8th Floor Snodgrass Tower

Nashville, TN 37243

Phone: 615.741.2650

Fax: 615.741.5133

Email: register.information@tn.gov

For Department of State Use Only 

Sequence Number:

Notice ID(s):

File Date:

Notice of Rulemaking Hearing

Hearings will be conducted in the manner prescribed by the Uniform Administrative Procedures Act, Tennessee Code Annotated, 

Section 4-5-204. For questions and copies of the notice, contact the person listed below.

Agency/Board/Commission: Environment and Conservation

Division: Air Pollution Control

Contact Person: Lacey J. Hardin

Address:

9

th Floor L & C Annex

401 Church Street

Nashville, Tennessee 37243-1531

Phone: (615) 532-0545

Email: Lacey.Hardin@gov.tn

Any Individuals with disabilities who wish to participate in these proceedings (to review these filings) and may 

require aid to facilitate such participation should contact the following at least 10 days prior to the hearing:

ADA Contact: ADA Coordinator

Address:

TDEC ADA Coordinator

12th Floor

401 Church Street

Nashville, Tennessee 37243

Phone: (615) 532-0207 or for hearing impaired, TN Relay Service 1-800-848-0298

Email: Beverly.Evans@tn.gov

Hearing Location(s) (for additional locations, copy and paste table)

Address 1: 9

th Floor L & C Annex

Address 2: 401 Church Street

City: Nashville, Tennessee

Zip: 37243-1531

Hearing Date : 11/17/10

Hearing Time: 9:30 AM CST EST

Additional Hearing Information:

There will be a public hearing before the Technical Secretary of the Tennessee Air Pollution Control Board to 

consider the promulgation of amendments to the Tennessee Air Pollution Control Regulations and the State 

Implementation Plan pursuant to Tennessee Code Annotated, Section 68-201-105. The comments received at 

this hearing will be presented to the Tennessee Air Pollution Control Board for their consideration in regards to 

the proposed regulatory amendments. The hearing will be conducted in the manner prescribed by the Uniform 

Administrative Procedures Act, Tennessee Code Annotated, Section 4-5-201 et Seq. 

Anyone desiring to make oral comments at this public hearing is requested to prepare a written copy of their 

comments to be submitted to the hearing officer at the public hearing. Written comments not submitted at the 

public hearing will be included in the hearing record only if received by the close of business on Wednesday, 

November 17, 2010, at the office of the Technical Secretary, Tennessee Air Pollution Control Board, 9th Floor, L & 

C Annex, 401 Church Street, Nashville, TN 37243-1531.
SS-7037 (July 2009) 2

If you have any questions about the origination of this rule change, you may contact Ms. Lacey Hardin at (615) 

532-0554. The majority of the proposed changes are required by the final rule pertaining to Implementation of the 

New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5), which was 

published in the Federal Register on May 16, 2008. One proposed change is a typographical correction to a 

previous rulemaking. Copies of documents concerning this matter are available for review at the office of the 

Technical Secretary and at certain public depositories. For information about reviewing these documents, please 

contact Mr. Malcolm Butler, 9th Floor, L & C Annex, 401 Church Street, Nashville, TN 37243-1531, telephone 

(615) 532-0600.

Revisions considered at this hearing may be adopted by the Tennessee Air Pollution Control Board under T.C.A. 68-

201-105, the Board general authority to promulgate rules. The changes proposed below may be revised based on 

comments received from the public, the regulated community, and any other affected entities. The Tennessee Air 

Pollution Control Board will consider all comments and set the fee appropriately.

Materials concerning the proposed actions will be available at http://tn.gov/environment/apc/ppo/ and also for public 

inspection during normal working hours starting on Friday, October 15, 2010, at the following locations:

Air Pollution Control Division Pollution Control Division Air Pollution Control Division

9th Floor, L & C Annex Metropolitan Health Dept. Cookeville EFO

401 Church Street 311 23rd Avenue, North 1221 South Willow Avenue

Nashville, TN 37243-1531 Nashville, TN 37203 Cookeville, TN 38506

Air Pollution Control Division Air Pollution Control Division Air Pollution Control Division

Knoxville EFO Johnson City EFO Jackson EFO

3711 Middlebrook Pk., Suite 220 2305 Silverdale Road 1625 Hollywood Drive

Knoxville, TN 37921 Johnson City, TN 37601-2162 Jackson, TN 38305

Air Pollution Control Division Knox County Department of Division of Air Pollution Control

Columbia EFO Air Quality Management Memphis Environmental Field Office

1421 Hampshire Pike 140 Dameron Avenue, Suite 242 8383 Wolf Lake Drive

Columbia, TN 38401 Knoxville, TN 37917 Bartlett, TN 38133-4119

Air Pollution Control Division Air Pollution Control Division Kingsport Public Library

Chattanooga EFO Nashville EFO 400 Broad Street

540 McCallie Avenue, Suite 550 711 R. S. Gass Boulevard Kingsport, TN 37660

Chattanooga, TN 37402 Nashville, TN 37243

Chattanooga-Hamilton County U.S. EPA, Region IV

Air Pollution Control Bureau APTMD - 12th Floor, Atlanta Federal Center

6125 Preservation Drive 61 Forsyth Street S.W.

Chattanooga, TN 37416 Atlanta, GA 30303

c/o Mr. Richard Schutt, Chief

All persons interested in the air quality of the State of Tennessee are urged to attend and will be afforded the 

opportunity to present testimony to the hearing officer regarding the proposed additions and/or revisions to the State 

Implementation Plan. 

Revision Type (check all that apply):

X Amendment

New

Repeal

Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional 

tables. Please enter only ONE Rule Number/RuleTitle per row.)

Chapter Number Chapter Title

1200-03-09 Construction and Operating Permits

Rule Number Rule Title

1200-03-09-.01 Construction Permits
SS-7037 (July 2009) 3

(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://tn.gov/sos/rules/1360/1360.htm)

Chapter 1200-03-09

Construction and Operating Permits

Amendments

Subpart (i) of part 24. of subparagraph (b) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is 

amended by adding a new item (XVII) as follows:

(XVII) PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide 

emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not 

to be a PM2.5 precursor under 40 CFR 51.166 and/or 40 CFR 51.165.

Part 47 of subparagraph (b) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is amended by deleting

the current subpart (i) and replacing it with a new subpart (i) so that, as amended, the new subpart shall read as 

follows:

(i) Any pollutant for which a national ambient air quality standard has been 

promulgated and any pollutant identified under this part as a constituent or 

precursor to such pollutant. Precursors identified by the Administrator for 

purposes of NSR are the following: 

(I) Volatile organic compounds and nitrogen oxides are precursors to ozone 

in all attainment and unclassifiable areas.

(II) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable 

areas.

(III) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment 

and unclassifiable areas, unless the State has demonstrated to the 

satisfaction of the EPA Administrator or EPA demonstrates that 

emissions of nitrogen oxides from sources in a specific area are not a 

significant contributor to that area’s ambient PM2.5 concentrations.

(IV) Volatile organic compounds are presumed not to be precursors to PM2.5

in any attainment or unclassifiable area, unless the State has 

demonstrated to the satisfaction of the EPA Administrator or EPA 

demonstrates that emissions of volatile organic compounds from sources 

in a specific area are not a significant contributor to that area’s ambient 

PM2.5 concentrations.

Part 47 of subparagraph (b) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is also amended by

adding a new subpart (vi) as follows:

(vi) Particulate matter (PM) emissions, PM2.5 emissions, and PM10 emissions shall 

include gaseous emissions from a source or activity which condense to form 

particulate matter at ambient temperatures. On or after January 1, 2011, such 

condensable particulate matter shall be accounted for in applicability 

determinations and in establishing emissions limitations for PM, PM2.5, and PM10

in PSD permits. Compliance with emissions limitations for PM, PM2.5, and PM10

issued prior to this date shall not be based on condensable particulate matter 

unless required by the terms and conditions of the permit or the applicable 
SS-7037 (July 2009) 4

implementation plan. Applicability determinations made prior to this date without 

accounting for condensable particulate matter shall not be considered in violation 

of this paragraph unless the applicable implementation plan required 

condensable particulate matter to be included.

Subpart (vi) of part 4 of subparagraph (c) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is 

amended by deleting the last sentence so that, as amended, the subpart shall read:

(vi) Hybrid test for projects that involve multiple types of emissions units. A 

significant emissions increase of a regulated NSR pollutant is projected to occur 

if the sum of the emissions increases for each emissions unit, using the method 

specified in subparts (c)4.(iii) through (iv) of this paragraph as applicable with 

respect to each emissions unit, for each type of emissions unit equals or exceeds 

the significant amount for that pollutant (as defined in part (b)24. of this 

paragraph).

Subpart (iv) of part 6 of subparagraph (d) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is 

amended by deleting the period at the end of the subpart and adding a semicolon (;) followed by the word “or” so 

that, as amended, the subpart shall read:

(iv) The existing air pollutant levels are conservatively estimated to be less than the 

concentrations listed in subpart (i) of this part, and a monitoring network may not 

reliably measure the predicted background concentrations; or

Part 6 of subparagraph (d) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is amended by adding a 

new subpart (v) as follows:

(v) The concentrations of the pollutant in the area that the source or modification 

would affect are less than the concentrations listed in subpart (d)6.(i) of this 

paragraph.

Item (I) of subpart (x) of part 1 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits 

is amended by adding a new subitem VII as follows:

VII PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide 

emissions; 40 tpy of nitrogen oxide emissions unless 

demonstrated not to be a PM2.5 precursor under 40 CFR 51.166 

and/or 40 CFR 51.165.

Subpart (xlix) of part 1 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits is 

amended by deleting item (III) and replacing it with a new item (III) and (IV) as follows:

(III) Any pollutant that is a constituent or precursor of a general pollutant 

listed under items 1.(xlix)(I) or (II) of this subparagraph, provided that a 

constituent or precursor pollutant may only be regulated under NSR as 

part of regulation of the general pollutant. Precursors for purposes of 

NSR are the following:

I Volatile organic compounds and nitrogen oxides are precursors 

to ozone in all ozone nonattainment areas.

II Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment 

areas.

III Nitrogen oxides are presumed to be precursors to PM2.5 in all 

PM2.5 nonattainment areas, unless the State demonstrates to the 

satisfaction of the EPA Administrator or EPA demonstrates that 

emissions of nitrogen oxides from sources in a specific area are 

not a significant contributor to that areas ambient PM2.5

concentrations.
SS-7037 (July 2009) 5

IV Volatile organic compounds and ammonia are presumed not to 

be precursors to PM2.5 in any PM2.5 nonattainment area, unless 

the State demonstrates to the satisfaction of the EPA 

Administrator or EPA demonstrates that emissions of volatile 

organic compounds or ammonia from sources in a specific area 

are a significant contributor to that area’s ambient PM2.5

concentrations; or

(IV) PM2.5 emissions and PM10 emissions shall include gaseous emissions 

from a source or activity which condense to form particulate matter at 

ambient temperatures. On or after January 1, 2011, such condensable 

particulate matter shall be accounted for in applicability determinations 

and in establishing emissions limitations for PM2.5 and PM10 in 

nonattainment major NSR permits. Compliance with emissions 

limitations for PM2.5 and PM10 issued prior to this date shall not shall not be 

based on condensable particulate matter unless required by the terms 

and conditions of the permit or the (Tennessee) State Implementation 

Plan. Applicability determinations made prior to this date without 

accounting for condensable particulate matter shall not be considered in 

violation of this rule unless the State Implementation Plan required 

condensable particulate matter to be included.

Subpart (v) of part 2 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits is 

amended by inserting a period after “Offsets”, adding language after the period, and adding a new item (XV) so 

that, as amended, the subpart shall read:

(v) Emissions Offsets. In meeting the emission offset requirements of this 

paragraph, the ratio of total actual emissions reductions to the emissions 

increase shall be at least 1:1 unless an alternative ratio is provided for the 

applicable nonattainment area in items (III), (IV) and (XIV) of this subpart.

(I) Prior to the issuance of a permit under this sub-part, legally enforceable 

emission offsets shall be obtained from the same source or other 

sources in the same non-attainment area, except that such emissions 

reduction may be obtained from a source in another non-attainment area 

if:

I. The other area has an equal or higher non-attainment 

classification than the area in which the source is located; and,

II. Emissions from such other area contribute to a violation of an air 

quality standard in the non-attainment area in which the 

proposed new or modified source would construct.

(II) By the time that the new or modified source commences operation, such 

reductions shall be in place such that the total tonnage of emissions of 

any applicable non-attainment air contaminant allowed from the 

proposed new source, or net emissions increase from the modification, 

shall be offset by an equal or greater reduction, as applicable, in the 

actual emissions of such air contaminant from the same or other 

sources.

(III) In meeting the requirements of item (v)(II) of the sub-part for ozone nonattainment areas that are subject to subpart 2, part D, title I of the Clean 

Air Act, the ratio of total actual emission reductions of Volatile Organic 

Compounds and/or Nitrogen Oxides to the net emissions increase of 

Volatile Organic Compounds and/or Nitrogen Oxides shall be as follows: 

I. In any Marginal non-attainment area for ozone - at least 1.1 to 1;
SS-7037 (July 2009) 6

II. In any Moderate non-attainment area for ozone - at least 1.15 to 

1;

III. In any Serious non-attainment area for ozone - at least 1.2 to 1;

IV. In any Severe non-attainment area for ozone - at least 1.3 to 1;

V. In any Extreme non-attainment area for ozone - at least 1.5 to 1.

(IV) Within an ozone transport region that is subject to subpart 2, part D, title I 

of the Clean Air Act, for any area designated for ozone attainment, 

unclassified, or Marginal non-attainment, the ratio of total actual emission 

reductions of Volatile Organic Compounds and/or Nitrogen Oxides to net 

emissions increase of Volatile Organic Compounds and/or Nitrogen 

Oxides shall be at least 1.15 to 1.

(V) I. Emissions reductions achieved by shutting down an existing 

emission unit or curtailing production or operating hours may be 

generally credited for offsets if they meet the requirements in 

sections IA and B of this item.

A. Such reductions are surplus, permanent, quantifiable, 

and federally enforceable.

B. The shutdown or curtailment occurred after the last day 

of the base year for the SIP planning process. For 

purposes of this paragraph, the Technical Secretary may 

choose to consider a prior shutdown or curtailment to 

have occurred after the last day of the base year if the 

projected emissions inventory used to develop the 

attainment demonstration explicitly includes the 

emissions from such previously shutdown or curtailed 

emission units. However, in no event may credit be 

given for shutdowns that occurred before August 7, 

1977.

II. Emissions reductions achieved by shutting down an existing 

emissions unit or curtailing production or operating hours and 

that do not meet the requirements in section IB of this item may 

be generally credited only if:

A. The shutdown or curtailment occurred on or after the 

date the construction permit application is filed; or

B. The applicant can establish that the proposed new 

emissions unit is a replacement for the shutdown or 

curtailed emissions unit, and the emissions reductions 

achieved by the shutdown or curtailment met the 

requirements of section IA of this item.

(VI) With respect to a proposed increase in VOC emissions, no emissions 

credit shall be allowed for reductions in any organic compound 

specifically excluded from the definitions of “VOC” in this Division 1200-

3.

(VII) Credit for an emissions reduction may be claimed to the extent that the 

reduction has not been relied on in any permit already issued under 
SS-7037 (July 2009) 7

regulations approved pursuant to 40 CFR Parts 51, 52, and 70,(July 1, 

1993) or the State has not relied on it in demonstrating attainment or 

reasonable further progress. Incidental emissions reductions which are 

not otherwise required under the federal Clean Air Act (As amended 

November 15, 1990) may be credible as emissions reductions for such 

purposes if such emissions reductions meet the applicable requirements 

of this part.

(VIII) Procedures relating to the permissible locations of offsetting emissions 

shall be followed which are at least as stringent as those set out in 40 

CFR Part 51, Appendix S, Section IV.D. (July 1, 1993 ).

(IX) Reserved.

(X) Reserved.

(XI) The total tonnage of increased emissions, in tons per year, resulting from 

a major modification that must be offset in accordance with section 173 

of the Federal Clean Air Act shall be determined by summing the 

difference between the allowable emissions after the modification (as 

defined by sub-part 1.(xi) of this subparagraph) and the actual emissions 

before the modification (as defined in sub-part 1.(xiii) of this 

subparagraph) for each emissions unit.

(XII) Where the emissions limit under this division 1200-03 allows greater 

emissions than the potential to emit of the source, emissions offset credit 

will be allowed only for control below this potential;

(XIII) For an existing fuel combustion source, credit shall be based on the 

allowable emissions under this division 1200-03 for the type of fuel being 

burned at the time the application to construct is filed. If the existing 

source commits to switch to a cleaner fuel at some future date, 

emissions offset credit based on the allowable (or actual) emissions for 

the fuels involved is not acceptable, unless the permit is conditioned to 

require the use of a specified alternative control measure which would 

achieve the same degree of emissions reduction should the source 

switch back to a dirtier fuel at some later date. The Technical Secretary 

shall ensure that adequate long-term supplies of the new fuel are 

available before granting emissions offset credit for fuel switches

(XIV) Within an ozone non-attainment area that is subject to subpart 1, part D, 

title I of the Clean Air Act (but is not subject to subpart 2, part D, title I of 

the Act, including 8-hour ozone non-attainment areas subject to 40 CFR 

51.902(b)), the ratio of total actual emissions reductions of either volatile 

organic compound or nitrogen oxides to the emissions increase of either 

volatile organic compounds or nitrogen oxides shall be at least 1:1.

(XV) In meeting the emissions offset requirements of this subpart for fine 

particulate matter (PM2.5), the emissions offsets obtained shall be for the 

same regulated NSR pollutant unless interprecursor trading is allowed in 

the approved State Implementation Plan (SIP) for the affected PM2.5

nonattainment area. For those nonattainment areas in which 

interprecursor trading is allowed by the approved SIP, the offset 

requirements for direct PM2.5 emissions or emissions of precursors of 

PM2.5 to may be satisfied by offsetting reductions in direct PM2.5

emissions or emissions of any PM2.5 precursor identified under item 

(b)1.(xlix)(III) of this paragraph if such offsets comply with the 

interprecursor trading hierarchy and ratio established in the approved 

SIP for the affected nonattainment area.
SS-7037 (July 2009) 8

Subpart (xvii) of part 2 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits is 

amended by deleting the last sentence so the subpart reads as follows:

(xvii) Hybrid test for projects that involve multiple types of emissions units. A 

significant emissions increase of a regulated NSR pollutant is projected to occur 

if the sum of the emissions increases for each emissions unit, using the method 

specified in subparts 2.(xiv) through (xv) of this subparagraph as applicable with 

respect to each emissions unit, for each type of emissions unit equals or exceeds 

the significant amount for that pollutant (as defined in subpart 1.(x) of this 

subparagraph). 

Authority: T.C.A. §§68-201-105

I certify that the information included in this filing is an accurate and complete representation of the intent and 

scope of rulemaking proposed by the agency.

Date:

Signature:

Name of Officer: Barry R. Stephens, P.E.

Title of Officer: 

Director

Tennessee Division of Air Pollution Control

Subscribed and sworn to before me on:

Notary Public Signature:

My commission expires on:

Department of State Use Only

Filed with the Department of State on:

______________________________

Tre Hargett

Secretary of State

09-.01c9.doc
/ Department of State 

i Division of Publications 

For Department of State Use Only 

312 Rosa L Parks. 8th Floor Snodgrass Tower 

Nashville TN 37243 

Phone 615741 2650 

Fax 615741 5133 

Ernall realster mforrnatlonOtn qov - - 

Sequence Number: 09-24-10 

Notice ID(s): 1459 

File Date: 09/22/2010 

Notice of Rulemaking Hearing 

Hearinos will be conducted in the manner orescribed bv the Uniform Administrative Procedures Act Tennessee Code Annotated 

S&O; 4-5-204. For questions and copieQ of the notic;, contact the person listed below. 

Any Individuals with disabilities who wish to participate in these proceedings (to review these filings) and may 

require aid to facilitate such pa~ticipation should contact the following at least 10 days prior to the hearing: 

-- -- 

I 

401 Church Street 

i 

1.- Address: 2 Nashville, - Tennessee 37243 .. - 

c Phone: 1 (619 532-0207 or for hearing impaired, TN-Relay Service 1-800-848-0298 

! Email: Beverl .Evans tn. ov L..- 

Hearing 

.. 

Location(s) 

--aa 

(for additional locations, copy and paste table) 

~dditionai~earing Information: 

-- 

There will be a public hearing before the Technical Secretary ofihe Tennessee Air Pollution Control Board to 

consider the promulgation of amendments to the Tennessee Air Pollution Control Regulations and the State 

Implementation Plan pursuant to Tennessee Code Annotated, Section 68-201-105. The comments received at 

this hearing will be presented to the Tennessee Air Pollution Control Board for their consideration in regards to 

the proposed regulatory amendments. The hearing will be conducted in the manner prescribed by the Uniform 

Administrative Procedures Act, T.C.A. 5 4-5-201 et seq. 

Anyone desiring to make oral comments at this public hearing is requested to prepare a written copy of their 

comments to be submitted to the hearing officer at the public hearing. Written comments not submitted at the 

public hearing will be included in the hearing record only if received by the close of business on Wednesday, 

November 17, 2010, at the office of the Technical Secretary, Tennessee Air Pollution Control Board, gth lo or, L & 

C Annex, 401 Church Street, Nashville, TN 37243-1531 

......... .............. ~-p~-~ .. 

SS-7037 (July 2009) 1 
~ ~- ~ . .. ... . . ... . ~ ~~~ 

If you have any questions about the origination of this rule change, you may contact Ms. Lacey Hardin at (615) 1 

532-0554. The majority of the proposed changes are required by the final rule pertaining to lmplementation of'the I 

New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5), which was ; 

oublished in the Federal Reaister on Mav 16. 2008. One proposed change is a tv~o~ra~hical correction to a I .. - . brevious rulemaking. copie<of documenis cdncerning this' matter are available for review at the office of the 

Technical Secretary and at certain public depositories. For information about reviewing these documents, please 

contact Mr. Malcolm Butler, 9'"loor, L B C Annex, 401 Church Street, Nashville, TN 37243-1531, telephone 

(615) 532-0600. 

Revisions considered at this hearing may be adopted by the Tennessee Air Pollution Control Board under T.C.A. 68- 

201-105, the Board general authority to promulgate rules. The changes proposed below may be revised based on 

comments received from the public, the regulated community, and any other affected entities. The Tennessee Air 

Pollution Control Board will consider all comments and set the fee appropriately. 

Mater~als concerning the proposed actions will be ava~lable at htto lltn ~ovlenv~ronment~a~cl~~ol and also for publlc 

rnspect~on dunng normal workrng hours startlng on Fnday. October 15, 2010, at the following locat~ons 

Air Poliut~on Control Dtv~s~on 

0th Floor, L & C Annex 

401 Church Street 

Nashville, TN 37243-1531 

Air Pollut~on Control D~vlsron 

Knoxv~lle - -- EFO -371 1 Middlebrook Pk , Surte 220 

Knoxv~lle, TN 37921 

Ar Pollut~on Control Dlv~s~on 

Columbla EFO 

1421 Hampshre Pike 

Columbia, TN 38401 

Air Pollution Control Dlvls~on 

Chattanooga EFO 

540 McCalhe Avenue, Su~te 550 

Chattanooga, TN 37402 

Chattanooga-Hamllton County 

Air Pollutron Control Bureau 

6125 Presewatlon Drrve 

Chattanooga, TN 37416 

Pollution Control Divfs~on Air Pollut~on Control Drv~s~on 

Metropolltan Health Dept Cookev~lle EFO 

31 1 23rd Avenue, North 1221 South Willow Avenue 

Nashville, TN 37203 Cookeville, TN 38506 

Arr Pollut~on Control D~vrslon Air Pollutlon Control D~vrsion 

Johnson C~ty EFO Jackson EFO 

2305 S~lverdale Road 1625 Hollywood Drive 

Johnson Clty, TN 37601-2162 Jackson, TN 38305 

Knox County Department of Rlv~s~onf Air Pollut~on Control 

Air Quality Management Memph~s Env~ronmental Field Office 

140 Dameron Avenue, Sulte 242 8383 Wolf Lake Dr~ve 

Knoxvrlle, TN 37917 Bartlett, TN 381 33-41 19 

Air Pollutton Control DIVISIO~ K~ngsport Publlc L~brary 

Nashville EFO 400 Broad Street 

71 1 R S Gass Boulevard Klngsport, TN 37660 

Nashv~lle, TN 37243 

U.S EPA, Region IV 

APTMD - 12th Floor, Atlanta Federal Center 

61 Forsyth Street S W 

Atlanta, GA 30303 

C/O Mr Rchard Schutt, Ch~ef 

All persons interested in the air quality of the State of Tennessee are urged to attend and will be afforded the 

opportunity to present testimony to the hearing officer regarding the proposed additions andlor revisions to the State 

Implementation Plan. 

~.~~~ ~ ---- 

Revision Type (check all that apply): 

- X Amendment 

- New 

- Repeal 

Rule@) (ALL chapters and rules contained in fillng must be l~sted here If needed, copy and paste addrtronal 

tables Please enter only ONE Rule NumberIRuleT~tle per row ) 

SS-7037 (July 2009) 2 
(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 iltn aovlsos/rules/l36011360 htm) 

Chapter 1200-03-09 

Construction and Operating Permits 

- Amendments 

Subpart (I) of part 24 of subparagraph (b) of paragraph (4) of rule 1200-03-09- 01 Construction Permits is 

amended by adding a new item (XVII) as follows 

(XVII) PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide 

emissions: 40 tpy of nitrogen oxide emissions unless demonstrated not 

to be a PM2.~ precursor under 40 CFR 51.166 andlor 40 CFR 51.165. 

Part 47 of subparagraph (b) of paragraph (4) of rule 1200-03-09- 01 Construction Permlts is amended by deleting 

the current subpart (I) and replacing it wlth a new subpart (I) so that, as amended, the new subpart shall read as 

follows 

(I) Any pollutant for which a nattonal ambient air quality standard has been 

promulgated and any pollutant identifled under thls part as a constituent or 

precursor to such pollutant Precursors tdentlfied by the Administrator for 

purposes of NSR are the following 

[ ) Vo~at, e organ c compoJnos ana n trogen oxides are precursors to ozone 

in all arra nment and dnciass~f~aole areas 

(11) Sulfur dloxlde is a precursor to PMZ5 in all attainment and unclassifiabie 

areas 

(Ill) Nitrogen oxides are presumed to be precursors to PMz5 in ail attainment 

and unclassifiable areas, unless the State has demonstrated to the 

satisfaction of the EPA Administrator or EPA demonstrates that 

emissions of nitrogen oxides from sources in a specific area are not a 

significant contributor to that area's ambient PM, concentrations 

(iV) Volatile organic compounds are presumed not to be precursors to PIMz5 

in any attainment or unclass~f~able area, unless the State has 

demonstrated to the satisfaction of the EPA Administrator or EPA 

demonstrates that emissions of volatile organic compounds from sources 

in a specific area are not a significant contributor to that area's ambient 

PM2 concentrations 

Part 47 of subparagraph (b) of paragraph (4) of rule 1200-03-09-.O1 Construction Permits is also amended by 

adding a new subpart (vi) as follows: 

(vi) Particulate matter (PM) emissions, PMZ5 emissions, and PMj0 emissions shall 

include gaseous emissions from a source or activity which condense to form 

particulate matter at ambient temperatures. On or after January 1, 2011, such 

condensable particulate matter shall be accounted for in applicability 

determinations and in establishing emissions limitations for PM, PM2.~. and PMq0 

in PSD permits. Compliance with emissions limitations for PM, PMZ.5, and PMlo 

issued prior to this date shall not be based on condensable particulate matter 

unless required by the terms and conditions of the permit or the applicable 

implementation plan. Applicability determinations made prior to this date without 

accounting for condensable particuiate matter shall not be considered in violation 

of this paragraph unless the applicable implementation plan required 

condensable particulate matter to be included. 

SS-7037 (July 2009) 3 

Adm~n~strator or EPA demonstrates that emlsslons of volat~le 

organlc compounds or ammonta from sources In a specific area 

are a s~gn~ficant contributor to that area's ambient PMp5 

concentratlons, or 

(IV) PM,, emlsslons and PM,o emlsslons shall lnclude gaseous emiss~ons 

from a source or actlv~ty whlch condense to form part~culate matter at 

amb~entemperatures On or afler January 1. 201 1, such condensable 

part~culate matter shall be accounted for In appl~cab~l~ty determinat~ons 

and in establ~shtng emlsslons llmitatlons for PM25 end PMIO in 

nonattalnment major NSR permlts Compliance wlth emlsslons 

lim~tat~ons for PMz~,,~ PMl, Issued prlor to th~s date shall not shall not be 

based on condensable part~culate matter unless requ~red by the terms 

and cond~t~ons of the perm~t or the (Tennessee) State lmplementat~on 

Plan Appllcabillty determ~nat~ons made prlor to this date w~thout 

account~ng for condensable particulate matter shall not be cons~dered In 

vtolatlon of th~s rule unless the State lmplementat~on Plan requred 

condensable part~culate matter to be lncluded 

Subpart (v) of part 2 of subparagraph (b) of paragraph (5) of rule 1200-03-09- 01 Construction Permlts 1s 

amended by lnsertlng a per~od after "Offsets", addmg language afler the per~od, and addmg a new Item (XV) so 

that, as amended, the subpart shall read 

(v) Emissions Offsets. In meeting the emission offset requirements of this 

paragraph, the ratio of total actual emissions reductions to the emissions 

increase shall be at least 1:l unless an alternative ratio is provided for the 

applicable nonattainment area in items (Ill), (IV) and (XIV) of this subpart. 

SS-7037 (July 2009) 

(I) Prlor to the Issuance of a perrnlt under thls subpart, legally enforceable 

emlsslon offsets shall be obtamed from the same source or other 

sources in the same non-attainment area, except that such emissions 

reduct~on may be obtamed from a source m another non-atta~nrnent area 

d 

I The other area has an equal or h~gher non-atta~nment 

class~flcatlon than the area in whlch the source 1s located, and, 

II Em~ss~ons from such other area contr~bute to a vlolatlon of an a~r 

quai~ty standard ~n the non-attamment area in which the 

proposed new or modifled source would construct 

(11) By the time that the new or rnodlfled source commences operat~on, such 

reduct~ons shall be in place such that the total tonnage of emlsslons of 

any appl~cable non-atta~nment alr contaminant allowed from the 

proposed new source, or net emlsslons Increase from the mod~f~cat~on. 

shall be offset by an equal or greater reduct~on, as applicable, in the 

actual emlsslons of such air contaminant from the same or other 

sources 

(Ill) In meetlng the requrements of Item (v)(ll) of the subpart for ozone nonatta~nment areas that are subject to subpart 2, part D, title I of the Clean 

Air Act, the ratlo of total actual emlsslon reduct~ons of Volatlle Organic 

Compounds and/or Nitrogen Oxbdes to the net emrssrons Increase of 

Volat~le Organ~c Compounds andlor N~trogen Ox~deshall be as follows 

I In any Marg~nal non-attainment area for ozone - at least 1 1 to 1, 

I1 In any Moderate non-attainment area for ozone - at least 1 15 to 

1, 

Ill In any Ser~ous non-attainment area for ozone - at least 1 2 to 1: 

5 
IV In any Severe non-attainment area for ozone -at least 1 3 to 1, 

SS-7037 (July 2009) 

V In any Extreme non-attainment area for ozone -at least 1 5 to 1 

(IV) Within an ozone transport region that is subject to subpart 2, part D, title I 

of the Clean Air Act, for any area designated for ozone attainment, 

unclassified, or Marginal non-attainment, the ratio of total actual emission 

reductions of Volatile Organic Compounds andlor Nitrogen Oxides to net 

emissions increase of Volatile Organic Compounds and/or Nitrogen 

Oxides shall be at least 1.15 to 1. 

(v) 1~ Emissions reductions achieved by shutting down an existing emission unit or curtailing production or operating hours may be 

generally credited for offsets if they meet the requirements in 

sections IA and B of this item. 

A Such reductions are surplus, permanent, quantifiable, 

and federally enforceable 

B The shutdown or curtailment occurred after the last day 

of the base year for the SIP planning process. For 

purposes of this paragraph, the Technical Secretary may 

choose to consider a prior shutdown or curtailment to 

have occurred after the last day of the base year d the 

projected emissions ~nventory used to develop the 

attainment demonstration explicitly lncludes the 

emissions from such previously shutdown or curtailed 

emisslon units However, In no event may credit be 

given for shutdowns that occurred before August 7, 

1977 

II Emiss~ons reductions ach~eved bv shutt~no down an ex~stlna 

em~sslons unit or curtailing produ&on or operating hours an; 

that do not meet the requirements in section 18 of th~s Item may 

be generally credited only if 

A The shutdown or curtailment occurred on or after the 

date the construction permit application IS f~led, or 

B The applicant can establ~sh that the proposed new 

emfssions unlt IS a replacement for the shutdown or 

curtailed emlsslons unit, and the emissions reductions 

achieved by the shutdown or curtailment met the 

requirements of section IA of thls item 

(VI) With respect to a proposed increase in VOC emissions, no emissions 

credit shall be allowed for reductions in any organic compound 

specifically excluded from the definitions of "VOC in this Division 1200- 

03. 

(VII) Credit for an emissions reduction may be claimed to the extent that the 

reduction has not been relied on in any permit already issued under 

regulations approved pursuant to 40 CFR Parts 51, 52, and 70,(July I, 

1993) or the State has not relied on it in demonstrating attainment or 

reasonable further progress. Incidental emissions reductions which are 

not otherwise required under the federal Clean Air Act (As amended 

6 
November 15, 1990) may be cred~ble as emlsslons reduct~ons for such 

purposes if such emtsstons reducttons meet the apphcable requlrements 

of thts part 

(VIII) Procedures relatlng to the permlsslble locations of offsetttng emlsslons 

shall be followed whtch are at least as str~ngent as those set out In 40 

CFR Part 51, Append~x S, Sectlon IV D (July 1, 1993 ) 

(IX) Resewed 

(X) Resewed. 

(XI) The total tonnage of increased emissions, in tons per year, resulting from 

a major modification that must be offset in accordance with section 173 

of the Federal Clean Air Act shall be determined by summing the 

difference between the allowable emissions afler the modification (as 

defined by subpart l(xi) of this subparagraph) and the actual emissions 

before the modification (as defined in subpart l(xiii) of this 

subparagraph) for each emissions unit. 

(XI!) Where the emlssions lim~t under th~s Dlvis~on 1200-03 allows greater 

emlsslons than the potential to emit of the source, emisslons offset cred~t 

will be allowed only for control below thls potentlal, 

(XIiI) For an existing fuel combustion source, credlt shall be based on the 

allowable emtssions under thts Dlvts~on 1200-03 for the type of fuel being 

burned at the time the application to construct is f~led If the existing 

source comm~ts to switch to a cleaner fuel at some future date, 

emlsslons offset credit based on the allowable (or actual) emisslons for 

the fuels ~nvolved IS not acceptable, unless the perm~t IS condltloned to 

requlre the use of a specified alternat~ve control measure whlch would 

ach~eve the same degree of emtsslons reduct~on should the source 

switch back to a dlrtier fuel at some later date The Technical Secretary 

shall ensure that adequate long-term suppl~es of the new fuel are 

ava~lable before granting emlsslons offset cred~t for fuel switches 

(XIV) W~thin an ozone non-attainment area that IS subject to subpart 9, part D, 

t~tle Iof the Clean Air Act (but IS not subject to subpart 2, part D, tltle I of 

the Act, includ~ng 8-hour ozone non-attamment areas subject to 40 CFR 

51 Q02(b)), the ratto of total actual emlssions reduct~ons of either volatlle 

organlc compound or n~trogen ox~des to the emissions increase of e~ther 

volattle organic compounds or nitrogen ox~des shall be at least 1 1 

(XV) In meetlng the emlsslons offset requlrements of thls subpart for fme 

part~cuiate matter (PMps), the emlsslons offsets obtamed shall be for the 

same regulated NSR pollutant 

Subpart (xvt~) of part 2 of subparagraph (b) of paragraph (5) of rule 1200-03-09- 01 Constructton Permlts IS 

amended by deleting the last sentence so the subpart reads as follows 

(xvii) Hybrid test for projects that involve multiple types of emissions units. A 

significant emissions increase of a regulated NSR pollutant is projected to occur 

if the sum of the emissions increases for each emissions unit, using the method 

specified in subparts 2(xiv) through (xv) of this subparagraph as applicable with 

respect to each emissions unit, for each type of emissions unit equals or exceeds 

the significant amount for that pollutant (as defined in subpart l(x) of this 

subparagraph). 

Author~ty T C A $968-201-101 et seq and 45-20? et seq 

SS-7037 (July 2009) 7 
Authority: T.C.A. 5568-201-105 

I certify that the information included in this fliing aan accurate and complete representation of the intent and 

scope of rulemaking proposed by the agency. 

Date: 

Slgnature: 

Name of Off~cer: 

Dlrector 

Title of Offlcer: Tennessee Dlvlsion of Air Pollution Control 

Subscribed and sworn to before me on: 

Notary Public S~gnature. 

My comm~ssion expires on. 

Department of State Use Only 

Filed with the Department of State on: y/>>k/to 

Tre Hargett 

Secretary of State 

09-.OlC9.doC 

88-7037 (July 2009) 
Page 1 of 2 Pages

Public Hearing

Tennessee Division of Air Pollution Control

9th Floor Conference Room L & C Annex

401 Church Street

Nashville, TN 37243-1531

9:30 A.M.

Wednesday, November 17, 2010

Opening Statement For Hearing

I would like to call this hearing to order. It is 9:30 a.m. Wednesday, November 17, 2010. We are 

in the 9th Floor Conference Room at the L & C Annex, 401 Church Street, Nashville, Tn. My name 

is Malcolm Butler, I'm an Environmental Protection Specialist V with the Division of Air Pollution 

Control and I'm the Hearing Officer for this meeting. This hearing is being held under the authority 

of the Tennessee Air Pollution Control Board.

This public hearing has been called to consider the following:

Rule 1200-03-26-.02 Construction and Annual Emission Fees is being revised by changing the 

amount of annual fees being charged to Title V sources for actual and allowable emissions. 

The majority of the proposed changes are required by the final rule pertaining to Implementation of 

the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers 

(PM2.5), which was published in the Federal Register on May 16, 2008. One proposed change is a 

typographical correction to a previous rulemaking.

This hearing is a requirement of the Uniform Administrative Procedures Act, and the Federal Clean 

Air Act.

I want to emphasize (1) that we are not here to debate any testimony presented, but to listen and 

only ask questions for clarification and (2) that written statements or transcripts of comments are 

requested and will be considered as a part of this record if received in the office of the Technical 

Secretary, Tennessee Air Pollution Control Division, 9th Floor L & C Annex, 401 Church Street, 

Nashville, Tennessee 37243-1531 by close of business Wednesday, November 17, 2010.

Notice of this hearing was publicized in the Tennessean newspaper as required by T.C.A. Section 

68-201-105. Copies of the proposed amendments were available for public inspection at various 

locations detailed in the legal notice. A copy of these notices will be made a permanent part of the 

record.

The proceedings of this hearing are being recorded and copies of the hearing record will be 

available for the cost of reproduction. Requests for such copies should be sent to the Technical 

Secretary at the previously mentioned address.
Page 2 of 2 Pages

Compilers of the testimony presented at this hearing reserve the right to include extensive or bulky 

testimony by reference only.

Verbal or written testimony, either for or against matters under discussion, may be presented at this 

hearing. 

Is there any one here who would like to make an oral comment? 

Comments________________________________

Is there anyone else here who would like to make an oral comment for the hearing record? I 

declare a recess until 10:00 a.m.

It is 10:00 a.m., the recess is ended. The public hearing will come to order.

Is there anyone else here who would like to make an oral comment for the hearing record? 

Written statements not presented at the hearings will only be considered part of the records if 

received by 4:30 p.m. Wednesday, November 17, 2010, at the office of the Technical Secretary, 

Tennessee Air Pollution Control Board, 9th Floor L & C Annex, 401 Church Street, Nashville, 

Tennessee, 37243-1531.

Since there is no one else here desiring to make an oral comment for the hearing record, the hearing 

is adjourned.

winword\ohs27.doc
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 

October 6, 2010 

Mr. Earl Goodman -- - - - Tennessee-Wess--Ser-v-i-ee-I-nc--- 

6915 Office Park Circle 

Knoxville, Tennessee 37909 

Dear Mr. Goodman: 

Please run the enclosed public notice one time in the following newspapers: 

1. The Chattanooga Times - Chattanooga 

2. The Commercial Appeal - Memphis 

3. The Knoxville News-Sentinel - Knoxville 

4. The Kingsport Times:News - Kingsport 

5. The Tennessean - Nashville 

Place this notice in their next edition on or before October 15,2010. 

This notice is announcing a public hearing on November 17, 2010, called under 

the authority of the Tennessee Air Pollution Control Board to receive comments 

on amendment to the Tennessee Air Pollution Control Regulations pursuant to 

Tennessee Code Annotated, Section 68-201-105. 

Please publish this notice in the most economical manner. Send a copy of the 

ad and your invoice Listing the charges from each newspaper in triplicate with 

three tear sheets of this ad to me for prompt payment. 

Please provide best cost estimate and expected publication dates to Malcolm 

Butler as soon as possible. If you have any questions or need further 

assistance contact Malcolm Butler at (615) 532-0600, fax (615) 532-0614. 

Sincerely, 

Assistant Director 

Division of Air Pollution Control 

Enclosure 
Lacey J. Hardin 

Assistant Director 

Division of Air Pollution Control 

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 

December 7, 2010 

Mr. Earl Goodman 

Tennessee Press Service Inc 

6915 Office Park Circle 

Knoxville, Tennessee 37909 

Dear Mr. Goodman: 

Please run the enclosed public notice one time in the following newspapers: 

1. The Chattanooga Times - Chattanooga 

2. The Commercial Appeal - Memphis 

3. The Knoxville ~ews-Sentinel - Knoxville 

4. The Kingsport ~imes-News - Kingsport 

5. The Tennessean - Nashville 

Place this notice in their next edition on or before December 10, 2010. 

This notice is announcing a public hearing on January 11, 2011, called under 

the authority of the Tennessee Air Pollution Control Board to receive comments 

on the FY 2010-2011 Workload Analysis and Title V fees rates pursuant to 

Tennessee Code Annotated, Section 68-201-105. 

Please publish this notice in the most economical manner. Send a copy of the 

ad and your invoice listing the charges from each newspaper in triplicate with 

three tear sheets of this ad to me for prompt payment. 

Please provide best cost estimate and expected publication dates to Malcolm 

Butler as soon as possible. If you have any questions or need further 

assistance contact Malcolm Butler at (615) 532-0600, fax (615) 532-0614. 

Sincerely, 

Enclosure 
TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

OFFICE CORRESPONDENCE 

DATE: October 8, 2010 8CT 12 2810 

JOHNSON CITY ENVIRONMENT& 

TO: Air Pollution Control Division ~ISTANE CENTER 

Johnson City Environmental Field Office 

2305 Silverdale Road 

Johnson City, TN 37601-2162 

FROM: 

SUBJECT: 

Division of Air Pollution Control 

Receipt of Public Depository Documents 

Public depository documents are enclosed as follows: 2 

-1 .. 1. Public Hearing Notice IU- -0 2. Proposed revisions to the regulations 

3. Letter to Tennessee Press Service, Inc. 

4. Public depository notices 

5. Letters to neighboring states 

If any item listed above is not enclosed, immediately inform 

Malcolm Butler at (615) 532-0600. 

Certification 

The items listed above have been received by this office and are 

being managed according to established procedure. 

Signature # Date 

Immediately after certification of receipt of the items listed above 

return this memorandum to: 

Division of Air Pollution Control 

9th Floor, L & C Annex 

401 Church Street 

Nashville, TN 37243-153 1 
TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

OFFICE CORRESPONDENCE 

OCT 12 2010 j ! 

DATE: October 8,2010 

TO: Pollution Control Division 

Metropolitan Health Department 

3 11 23rd Avenue North . . 

Nashville, TN 37203 

FROM: Division of Air Pollution Control 

SUBJECT: Receipt of Public Depository Documents 

Public depository documents are enclosed as follows: 

1. Public Hearing Notice 

2. Proposed revisions to the regulations 

3. Letter to Tennessee Press Service, Inc. 

4. Public depository notices 

5. Letters to neighboring state 

If any item listed above is not enclosed, immediately inform 

Malcolm Butler at (615) 532-0600. 

Certification 

The items listed above have been received by this office and are 

being managed according to established procedure. 

Signature Date 

Immediately after certification of receipt of the items listed above 

return this memorandum to: 

Division of Air Pollution Control 

9th Floor, L & C Annex 

401 Church Street 

Nashville, TN 37243-153 1 

-- 

winword\pd\dl 1 .doc 
TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION .- " 

. . . .$7 26 P11 1: 29 

OFFICE CORRESPONDENCE -.<. 

DATE: October 8,2010 

TO: Knox County Department of Air Quality Management 

140 Dameron Avenue, Suite 242 

Knoxville, TN 37917 

FROM: Division of Air Pollution Control 

SUBJECT: Receipt of Public Depository Documents 

Public depository documents are enclosed as follows: 

1. Public Hearing Notice 

2. Proposed revisions to the regulations 

3. Letter to Tennessee Press Service, Inc 

4. Public depository notices OCT 13 2010 

5. Letters to neighboring states 

If any item listed above is not enclosed, immediately inform 

Malcolm Butler at (615) 532-0600. 

Certification 

The items listed above have been received by this office and are 

being managed according to established procedure. 

Immediately after certification of receipt of the items listed above 

return this memorandum to: 

Division of Air Pollution Control 

9th Floor, L & C Annex 

401 Church Street 

Nashville, TN 37243-153 1 
TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

OFFICE CORRESPONDENCE 

DATE: October 8,2010 

TO: Chattanooga-Hamilton County 

Air Pollution Control Bureau 

6125 Preservation Drive 

Chattanooga, TN 3741 6-3628 

FROM: Division of Air Pollution Control 

SUBJECT: Receipt of Public Depository Documents 

Public depository documents are enclosed as follows: 

1. Public Hearing Notice 

2. Proposed revisions to the regulations 

3. Letter to Tennessee Press Service, Inc. 

4. Public depository notices 

5. Letters to neighboring states 

If any item listed above is not enclosed, immediately inform 

Malcolm Butler at (615) 532-0600. 

Certification 

The items listed above have been received by this office and are 

being managed according - to established procedure. 

p 43- lo 

Date 

Immediately after certification of receipt of the items listed above 

return this memorandum to: 

Division of Air Pollution Control 

9th Floor, L & C Annex 

401 Church Street 

Nashville, TN 37243-1 53 1 

OCT 1 2 2010 

AIR P@Ll.llTiilN 

COMIR3L BUIiE&U 
TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

OFFICE CORRESPONDENCE 

DATE: October 8,2010 

TO: Air Pollution Control Division 

Chattanooga Environmental Field Office 

State Ofice Building Suite 550 

540 McCallie Avenue 

Chattanooga, TN 37402-2013 

FROM: Division of Air Pollution Control 

SUBJECT: Receipt of Public Depository Documents 

Public depository documents are enclosed as follows: 

1. Public Hearing Notice 

2. Proposed revisions to the regulations 

3. Letter to Tennessee Press Service, Inc. 

4. Public depository notices 

5. Letters to neighboring states 

If any item listed above is not enclosed, immediately inform 

Malcolm Butler at (615) 532-0600. 

Certification 

The items listed above have been received by this office and are 

being managed according to established procedure. 

Signature ' bate 

Immediately after certification of receipt of the items listed above 

return this memorandum to: 

Division of Air Pollution Control 

9th Floor, L & C Annex 

401 Church Street 

Nashville, TN 37243-1 53 1 
TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

OFFlCE CORRESPONDENCE 

DATE: October 8,2010 

TO: Air Pollution Control Division 

Knoxville Environmental Field Office 

371 1Middlebrook Pike 

Knoxville, TN 37921 

FROM: Division of Air Pollution Control 

SUBJECT: Receipt of Public Depository Documents 

Public depository documents are enclosed as follows: 

1. Public Hearing Notice 

2. Proposed revisions to the regulations 

3. Letter to Tennessee Press Service, Inc. 

4. Public depository notices 

5. Letters to neighboring states 

If any item listed above is not enclosed, immediately inform 

Malcolm Butler at (615) 532-0600. 

Certification 

The items listed above have been received by this office and are 

being managed according to established procedure. 

Immediately after certification of receipt of the items listed above 

return this memorandum to: 

Division of Air Pollution Control 

9th Floor, L & C Annex 

401 Church Street 

Nashville, TN 37243-1531 
TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

OFFICE CORRESPONDENCE 

DATE: October 8,2010 

TO: Air Pollution Control Division 

Jackson Environmental Field Office 

1625 Hollywood Drive 

Jackson, TN 38305 

FROM: Division of Air Pollution Control 

SUBJECT: Receipt of Public Depository Documents 

Public depository documents are enclosed as follows: 

1. Public Hearing Notice 

2. Proposed revisions to the regulations 

3. Letter to Tennessee Press Service, Inc. 

4. Public depository notices 

5. Letters to neighboring states 

ot enclosed, immediately inform 

Certification 

The items listed above have been received by this ofice and are 

being managed according to established procedure. 

Immediately after certification of receipt of the items listed above 

rebyorand\ 

fl 
TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

OFFICE CORRESPONDENCE 

DATE: October 8,2010 

TO: Nashville Environmental Field Office 

Air Pollution Control 

71 1 R. S. Gass Boulevard 

Nashville. TN 37243 

FROM: Division of Air Pollution Control 

SUBJECT: Receipt of Public Depository Documents 

Public depository documents are enclosed as follows: 

1. Public Hearing Notice 

2. Proposed revisions to the regulations 

3. Letter to Tennessee Press Service, Inc. 

4. Public depository notices 

5. Letters to neighboring state 

If any item listed above is not enclosed, immediately inform 2 

Malcolm Butler at (615) 532-0600. y 

Certification 

The items listed above have been received by this office and are 

being managed according to established procedure. 

L Mad& 

signatuUe Date 

Immediately after certification of receipt of the items listed above 

return this memorandum to: 

Division of Air Pollution Control 

9th Floor, L & C Annex 

401 Church Street 

Nashville, TN 37243-1 53 1 
TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

OFFICE CORRESPONDENCE 

DATE: October 8.2010 

TO: TDECIAir Pollution Control Division 

Columbia Environmental Field Office 

1421 Hampshire Pike 

Columbia, TN 38401 

FROM: Division of Air Pollution Control 

SUBJECT: Receipt of Public Depository Documents 

I-, 

0 

Public depository documents are enclosed as follows: C3 

U 

% a "..I 

1. Public Hearing Notice -- 

IS1 2. Proposed revisions to the regulations 

3. Letter to Tennessee Press Service, Inc. '-0 -* 

.A 

4. Public depository notices i'? 

5. Letters to neighboring states pa 

C"1 

If any item listed above is not enclosed, immediately inform 

Malcolm Butler at (615) 532-0600. 

Certification 

The items listed above have been received by ths office and are 

being managed according to established procedure. 

13 0CT a16 

Date 

hnediately after certification of receipt of the items listed above 

return this memorandum to: 

Division of Air Pollution Control 

9th Floor, L & C Annex 

401 Church Street 

Nashville, TN 37243-1531 
1 

OCT 1 2 2010 I 

I 

I 1 I TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION. I 

OFFICE CORRESPONDENCE 

DATE: October 8,2010 

TO: Air Pollution Control Division 

Cookeville Environmental Field Office 

1221 South Willow Avenue 

Cookeville, TN 38506 

FROM: Division of Air Pollution Control 

SUBJECT: Receipt of Public. Depository Documents 

ished procedure. 

Date 

, . ' 

Immediately after certification of receipt of the items listed above' 

return this memorandum to: . . 

Division of Air Pollution Control 

9th Floor, L & C Annex 

401 Church Street 

Nashville, TN 37243-1531 

Public depository documents are enclosed as follows: 

1. Public Hearing Notice 

2. Proposed revisions to the regulations 

3. Letter to Tennessee Press Service, Inc. 

4. Public depository notices 

5. Letters to neighboring states 

If any it4 listed above is not enclosed, immediately inform 

Malcolm Butler at (615) 532-0600. 

Certification 

The items listed above have been received by this office and are 
- 

I TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

2flB OCT 22 P/! 1 : & 

OFFICE CORRESPONDENCE 

DATE: October 8,2010 

TO: Kingsport Public Library 

400 Broad Street 

Kingsport, TN 37660 

FROM: Division of Air Pollution Control 

SUBJECT: Receipt of Public Depository Documents 

Public depository documents are enclosed as follows: 

1. Public Hearing Notice 

2. Proposed revisions to the regulations 

3. Letter to Tennessee Press Service, Inc. 

4. Public depository notices 

5. Letters to neighboring states 

If any item listed above is not enclosed, immediately inform 

Malcolm Butler at (615) ,532-0600. 

Certification 

The items listed above have been received by this office and are 

being managed according to established procedure. 

Si'gnature Uate 

Immediately after certification of receipt of the items listed above 

return this memorandum to: 

Division of Air Pollution Control 

9th Floor, L & C Annex 

401 Church Street 

Nashville, TN 37243-153 1 
Page 1 of 1 

Malcolm Butler - Re: Public hearing notice 11-17-2010 

From: Debbie Ownby 

To: Butler, Malcolm 

Date: 10/13/2010 11:48 AM 

Subject Re: Public hearing notice 11-17-2010 

CC: Beamish, Jessica; Bilbrey, Linda; Hardin, Lacey; Owenby, David - -- - --- --p 

Hi Malcolm 

Your public notices are posted on the following web pages. 

Have a good Wednesday! 

Debbie 

Debbie Ownby McManus 

Assistant Web Master 

TN Dept. of Environment 8 Conservation 

731-723-9042 (office) 

debbie.ownbvf&tn.Qov 

www.tn.qovlenvironment 

www.tnstateoarks.com 

\! 

>>> Malcolm Butler 10/8/2010 10:38 AM >>> 

Public hearing on 11-17-2010., to receive comments on the following amendments: 

Summary of Proposed Changes 

Rule 1200-03-26-.02 Construction and Annual Emission Fees is being revised by changing the amount of annual fees being 

charged to Title V sources for actual and allowable emissions. 

Rule 1200-03-09-.O1 Construction Permits. The majority of the proposed changes are required by the final rule pertaining 

to Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5), 

which was published in the Federal Register on May 16,2008. One proposed change is a typographical correction to a 

previous rulemaking. 

See attachments. 

file://C:\Documents and ~ettin~s\~~3 1029\~ocal Settings\Temp\XPgrpwise\4CB59CAS ... 10/14/2010 
Page 1 of 1 

Malcolm Butler - Public hearing notice 11-17-2010 

From: Malcolm Butler 

To: Atchison, Mike; bailey, ronald; Carter, Tracy; Christman, Brian; Davis, Wayne; English, Mary; 

Gossett, Stephen; Green, John; Hardin, Lacey; Hawkins, Shawn; Hennon, Helen; Holland, 

Richard; Roberts, John; Stephens, Barry; Tidwell, , Greer; Waters, Larry 

Subject: Public hearing notice 11-17-2010 

CC: Bilbrey, Linda; Ownby, Debb~e 

Public hearing on 11-17-2010., to receive comments on the following amendments: 

Summary of Proposed Changes 

Rule 1200-03-26-.02 Construction and Annual Emission Fees is being revised by changing the amount of annual fees being 

charged to Title V sources for actual and allowable emissions. 

Rule 1200-03-09-.01 Construction Permits. The majority of the proposed changes are required by the final rule pertaining 

to Implementation of the New Source Review WSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5), 

which was published in the Federal Register on May 16,2008. One proposed change is a typographical correction to a 

previous rulemaking. 

See attachments. 
Tennessee Press Service, Inc. 

ROP Division 

435 Montbrook Lane 

Knoxville,TN 37919-2704 

Voice (865) 584-5761 Fax (865) 558-8687 

I 

Friday, October 22,2010 08:32 AM 

Invoice 

Malcolm Butler 

Agency TN Division of Air Pollution Control 

9th Floor, L&C Annex 

' 401 Church Street 

Nashville, TN 372431531 

Client TAPCDIRon Cullberson 

2 

PO Number N u 

Order SD10-2398 - 

Newspaper 

Caption Run Date Ad Size Rate Rate Name Color Disc. Total 

Chattanooga The Times Free Press 

Legal Notice Of Public 10H4/2010 3 x 9 

Hearing (Air Pollution 

Control) 

Kingsport Times-News 

Legal Notice Of Public 10114/2010 3 x 9 

Hearing (Air Pollution 

Control) 

Knoxville News Sentinel 

Legal Notice Of Public 10/14/2010 4 x9 

Hearing (Air Pollution 

Control) 

Memphis-The Commercial Appeal 

Legal Notice Of Public 10/14/2010 3 x 10 

Hearing (Air Pollution 

Control) 

Nashville Tennessean 

Legai Notice Of Public 10/14/2010 4 x 9 

Hearing (Air Pollution 

Control) 

$34.57 Legal $0.00 0.0000% $933.39 

$32.90 National $0.00 0.0000% $888.30 

Classified 

$36.12 Legal $8.00 0.0000% $1,308.32 

$149.00 Legal - $30.00 0.0000% $4,500.00 

Classified 

$91.46 Legal $0.00 0.0000% $3,292.56 

Total Advertising $1 0,922.57 

Discounts 

Tax: USA 

Total lnvoice 

Payments 

Adiustments 

Balance Due 

We appreciate your business! TERMS: Due Net 30 Days 

Ad-VantageTN version 6.20 by Customware, Inc. Copyright 2001-2007 Registered To: Tenne~Eee Press ~ssaciation 
C Ron Cuiberson 

Administrative Services 

Division of Air Pollution Control 

Tennessee Department of Environment & Conservation 

9Ih lo or, L&C Annex 

401 Church Street 

Nashville, TN 37243-1531 

Gentlemen: 

The enclosed itemized statement is for publication of TDAPC Public Notice in the list of 

newspapers on the date (s) stated therein as authorized by your office. 

As requested, full page tearsheets are submitted herewith on our invoice SDi0-2398 as further 

proof of publication. 

I, Kathy Hensley, Accounting Services Representative for Tennessee Press Service, Inc., do 

hereby certify that the attached is true and correct. 

This Twenty First day of October 201 0 
LEGAL NOTICE OF PUBLIC HEARING n mwssE, cmARTMENT ~ OF ENvlRoNMENT 

. ~ , ' . ANO'~ON$E&VATION . DIVI'SION O~,AIR POLLUTION CONTROL 

There will be a publi~ hemring before lhe Technical Secretvry of the T&ne.*see Air Pollution' 

Conhol Board to consider thepmmulgalion of an ameodmsot to the Tenomsee Ail Polllltioo 

Conhol Regxiations 'md me State Implementation Plan pursuant to Tennessee Code Aonotated 

Section 68-201.105. The ctiments received at this hearing will be presented to the temesree 

Air PollutionConboiBqard for &ir coosideration in regards to the pmpoped regulaloryammdrnes The t.mri#lg ud be ron1u;eo in thc a.ln!xr prwrtbcd b) ~hc Uluform A~~II~IIII!IYC 

PI .ct Tcmcs:e Cudc hovnrl, Ssuuon 4-5-201 et ml ucil take plscc n ihr 

9lh Flud ('untsrcnce Ro.#m ut lllc I. & 5 .Annex, 1o:dsd a1 4111 Chtu;h Sucrl. Sarnvlllc, 1'""- 

ncrrcc 11241.1511. aY 1U am on Wciocrday, Kovcmbcr 17.2JLO Alvoncde~~nernrndkr 

ord cc.lnments rt ihl9 publh h&c: 8s rrqucjte: to propdre a w~ttcs xp). of ihc~r cmmenr\ lo 

be juh8tutrcd io !he heanny oKcr a: rbc pubk hemnb. iltscni,nrmsnrs not rubm!redal be 

phlic kannp w8.l 'ji mrludcd nrhc hrar~ng recold ocly if rcccwid hy thcclorcof'~urmc~~ on 

i \Vcjrmd.ty, Nmclnbrl 11. 2i.10, at inc fo1lowtr.g rddrc:~ Tcch!wd ie:rcry. Cnner9crAlr 

PdII~hon C,ar,I Board,Yihrluor. LerCAncex.4111 Churcl. Slrrci. Varhvl Ic. Ih 11243-1531 

my taln~dualo wnh d,rah,l,:.rr uho wh lo pm.;ipar in mcsc pa,cucdit~~i .rr ro roar thmr 1 61m$9 ~ho~ld contscl the ~cn?ci.cc l,cpiruonn fnv~r,,~yrnr and ~qnscnit~on fo dl~~9 

my %~l,ary ash 1, wnm, ncdcd to ia:.1sua such phmeipa!toll Such mudl c ,nun mny hr 

I in pcnon, 3) wr~mp. k!cpcmnc, or other mc;a$, and rho.nl1 he made no 6t;s lhoo lm (Ib) aayr 

prlr r to \Vc:lncsday, Nd:mlnir 17 2UI0, or ihc Jatc such parry mwndr 10 rcrrcn, .~rh nliilg, I2 

~llnui nmr lo prwije such url or \cml:c Conil;r XIS Bc%nl) Elanr, Ttwej.cc D:panmcnl or 

Envlron!ncnc and Comcrvat:< n hDr\<:~03~nd~or, 12th Floor. 401 Chub Smrc1. S.*~h~!lle'M 

37243, ,615) 532.52r7 Heull.g laFl rca eallrri ma? urc tile Teo<.cncs %?la). \iru~rs (1.800- 

818.02YR) If )m hale m) q~smm ab7a the ongtnawn uimn nllc chudc, )',?umay connrl 

hh Li,;cy Hdm at ,B:lj lI:-sX11 Copm ofdocrmrnli roncenung th~r mmer ire asnllanle 

forrc\~:w a! tbcolficsufthrT;c!n8.~l Sccrmry aoda~cenrrnp~#bltr(1~~~sclon~1 Fo( infomanm ahuu! rcricv;sj ihcre Juc~acnii, plcrie c.,nn.. \nr \Inldm H Butler. 9th Flour, I. & C 

hnncx, 401 Churc:, srrcn, Vasbnlle, l'ti 11241.1511. lelsphucc ,61i,512-0600. 

A" pallut~qn Conml Dlvl8lon 

laclwon EFO 

1625 HOIIIWOO~D~YC 

Jackson. TN38305 

.,. , 

A;&j~~uti~n conwo~~iviiiin roa~rioo i.antrol ~ividii U.S. EP&Regioon' 

cbarndoga BE0 M.nqoirn ~dm~~pa~hn~hn~hnf APIMD - 12ihFhor 

~?~te 550 311 23rdAve.North ,~tlmtta Federal Center 

540 MqCidlie &e. Nashville.TN 37203 61 Fmsytb Seeet3.W. 

, cbsnanooga, ~~37402.2013 , . Atlanta, Georgia 33a3 ' ~ 

do MrDick Sohq Chief 

Natlonwlde Trutitee SeNfces. 

Inc . Subrhtvte T6rtee 

do AMP1 

SUBSTITUTE TBUSTEE'S I w 

: WHEREAS, default having 

b&"rn.de in the payment of 

the debts and obligatlanP se- cursdtb be paid by that c$P 

lain Used of Trust executed m arch is. 1990, by James E. 

;@&way Jr. and Debble 

Oalliiway to Thomas F. Baker, 

IY :Tiustee, as same appear* 

af.kcgd in the Register's Of. 

lice of Hamilton County, Ten. 

nesses, under BookNo. 9709. 

Page 83j, (;De~d~ptTru?t'J: .. .nd . . .w~~ER&?, ihebinefiobl 

-intirestaf,#$d Deedbl TrUEt 

wai is3t transferledand as- srgned rd Aumre Goen Ser 

oiies, LLC: and 

WHER'CAS, Aurora Loin 

ser~l~es;~LLC, thecurrent owGt and hdder of saM Deed 

01 RuJL. (the 'Owner and 

Holder"]; appatnled the undersigned. Netitinwide Trustee 

ser~i~e~:ln~., as Substitute 

Trustee by instrument filed tor ', racord In theRsglrter's Office 

01 Hamilton Oaunty; Tsonessee, with all the rlghls, powers 

and privileges Dl the orlglnal 

Trustee named In said Deed d 

TRIS1. NOW, and THEREFORE, ' ' notite 

is hereby given lhat the entip 

indebtsdtiess has bee".de. 

dared due and payable as provrded In said Dead of Trust by 

the Dwnw and Holder, and that 

the uk~dsrsigned. Natlonwiae 

"Tru~teeSBrvbe~. Ino., Substi. 

lute Trustee, Or his duly BPpointed anorneys or agents, by 

vlrtu~ of ihepllhr and author. 

fty ve~tsd in him, will on Thursday, November 4,2010, 

commench# at 1i:OOAMal 

the Maln Door (Walnut Street 

side) of the Hamilton County 

Co~rtho~se, Chattanooga. 

Tennessee. proceed to !el1 at palo oulquyfo the highest and 

best bidder far csnh, the following described prapew situ. 

ated In Haminon County, 'Ten- n86888.10 ~11: ' ' 

In the Clty of Chattanooga. 

Hamilton County, Tennessee: Being Lot Three hundred 

(300). Chane"Oage Estales 

Company's Map 01 Lds Two 

hundred sixty-flve (265) to Three hundredsixteen (9 
10B Kinasport Times-News /Thursday, October 14,2010 

LEGAL NOTICE OF PUBLIC HEARING 

TENNESSEE DEPARTMENT OF ENVIRONMENT your qualifi ~ ~ - .~ . salary history to: I I 

AND CONSERVATION 

ing to make oral comments at this public hearing is requested toprepare a written copy of their commen~ 

to be submitled to the heariig officer st the public hearing. Written comments not submitfedat the 

hcariogwill he.in=lud,ed in the headng record only if received by the close of business on Wednesday, 

Novemberl7,2010, at the following address: Technical Secretary,TcnnessreAir Pollution ConkoIBoard. 

9th Floor, L CAnnex.401 Church Sew, Nashville, TN 37243-1531. Any individuals with disdbiiities who wish to participate in these proceedings m to review these filings should contact the emi is see 

Dspamnent of Environment and Conservation to discuss any suniliwy aids or sewices ncedcd to facilitate 

suchpmicipstion. Such initlitill contact may be inperson, by writing, telephone, orarhermeans, and should 

bemsde no less than ten (10) days prior to Wednesday, November 17,2010, or the date such party intends 

10 review such filings, to allow time to provide sucb aid or service. Contact Ms. Beverly Evans, Tpnersee 

Department ofEnvironment andConsewation ADACoordinator, 12th Floor, 401 Church Saect, Nashville 

TN 37243, (615) 532-0207. Hearing impaired callers may use the Tennessee Relay Sewice (I-8W-848- 

0298) If you have any questions about tbe origination of this rule change, you may contact Mrs. Lacey 

Hardin at (6151 532-0545. Copies of documeots concerning this matter aie available for review at the 

office of the Technical Secretary and at certain public deporitotier. For infomation about reviewing these 

documents, please cont?ct MI Malcolm H. Sntler, 9th Floor, L & CAnnen, 401 Church Suet, Nashville, I Director 

TN 37243.1531. . teleohone . ~~ ~~ (61~1 ~.~-, .-. ~7-nfinn ..... 4 Professional I . SummsryafPr~pXsed changes IUU Services 

Rule 1200-03-26-.02 Consm~ctioo and Aonusl Emission Fees is being revised by cbnging the amotmt 

of annual fees being charged. to Title V sakces for acml and allownble emissions. The majority of the 

pmposed change9 are required by the final mls pertaining to lmplcmentation of tbb New Source Review 

(NSR) Program for Particulate Matter Less nan 2.5 Micrometers (PM2.5), which wg published in the 

Federal Register on May 16, 2008. One proposed change is a rypagraphical correction to a previoub TIMES-NEWS 

mlemaking. Revisions considered at this hearing may be adapted by theTennessee Air Pollution Corihl BUSINESS & 

Board under T.C.A. 68-201-105. the Board general authoiity to promulgate rules. Materials concerning SERVICE 

the proposedactions will hc avrilable at http:litn.govlenvironmenVapdppd and also forpublic inspection DIRECTORY. during normal workirrg hours starting on Friday, 0ciaber 15,2010, st the following locations: Call 423-392-1 31 1 

Air Pollution Control Division Chattanooge - Hamilton County Air ~ollution Control Division for more infol!! 

9th Floor, L & C Annex Air Pollution Contml Bureau Cookeville EPO 

401 Church Sheet 6125 Preservation Drive 1221 South Willow Ave. 

Nashville, TN 37243 Chattanooga, TN37416 Cookeville. TN 38506 CERAMIC 30 YIS TILE Em. Installation Refs. 

i 

Air Polluhan Control Dmtsion 

Knoxville BFO 

3711 Middlcbmok Pk 

Knoxville, TN 37921 

Air Pollution Cantroi ~i~i~im 

Johnson City EFO 

2305 Silverdalc Road 

Johnson City, TN 37601 - 2162 

Air Pollution Caohol Division 

Jackson EFO 

1625 Hollywood Drive 

Jackson, TN38305 

4ir Pollution Conhol Division 

Mumbia EFO 

!484PsrkPlus Drive 

:olumbia, TN 38401 

Knox County Department of 

Air Pallution Control 

140 Damemn Avenue 

Knoxville. TN 37917-6413 

Division Airpollution Control 

Memphis - Shelby Co. Hsallb Dept 

81 4 Jefferson Avenue 

Memphis,TN 38105 

!irPollutioa Cootrol Division Pollution Control Division . U.S. EPA. Region IV 

:hattadaaga EFO Metropolitan Health Depsrtment - 12th Floor RESIDENTIAL a 

iaite 550 COMMERCIAL CLEANING 

3 11 23rd Aye. North Atlanta federal Center No lob too small or large. 40 McCallie Ave. Nashviile, TN 37203 61 Fonyth Sheet S.W. 30 yrs sxp. 423-646-3162 

:battanaoga, TN37402-2013 Atlanta, Georgia 30303 

do Mr Dick SChutt, Chief 

~kF'ollution Conml Division Kingspdrt Public iibrary iashville EFO 400 Broad Street 

I1 R. S. Gass Blvd. Kinisport, TN 37660 

lashvillc, TN 37243 'Affordable building, remodeling & renovating LIC Contractor,lnsursd, Free Est., Ref, 

llpersons interested in the air quality of the State of Tennessee are urged to attad andwill be aBorded avail: 423-833-5537 

te oppomnity to present testimony to'the hearing officer regarding the proposed amendments. Any perm desiting to present leagthy comments should be prepared st the hearing to offer n written statement to "HAROLD'S HOME" 

IMPROVEMENTS & : incorporated into the record. Written Jtatem?nts not presented at the hcarings will. only be considezpd HANDYWAN SERVICE ~rt of the records if received by 4:30 p.m. CDT on Wednesday, November 17,2010, Bt the offiac of the Balhroam Remodeling, 

:chnical Secretary, Tmessee Air Pollution control aoard. 9th ploor L & c A,,,,~X, 401 chumh skeet, Carwntry. Piumbht a Home 

ashville,Tennessee, 37243-1531. Remodeling 245-2735 

Domestic & 101 Child Care 

BABYSITTING sewlce he: 

openlng~ all ages Open Mon 

Sun 24hr day Mt Carmel $85 

wk 423-579-4835,384-5640 

-1 

IF THE out-of-door is you, 

thing, don't miss reading 

Classified every day for We 

great bargains. and., 

PIez L 

THINK CLASSIFIED. may 

Times-News Classified. 

If there is something you Suiilr 

want to sell, rent, buy, Fa 

or trade, you'll find it in ai 

Classified. 

Home I I O Improvements 

"'WE do all Home Imorove- mems Specla on K icnan 8 

Baths LO* Prie~ Free Esi 

423-292-35'12.357-R740 

decks, garages, vlnyl siding/ 'ailing, windows. Guar Lowest 

'rims1 Lic.llns. 423.612-0671 

HELPING Hand Home Maintenance. -Painting .~boriog 

.Plumbing -Small remodeling General repair423-384-3006 

HIRE IT DONE SERVICES 

Hauilng, GuH8r Cleaning, 

Palntlng. Power Washing, Reliable. 423.2451632 

Remodeling - Painting, Room.edilions, decks, roofs, 

Bonded & Lic. Free 

estimates. 423-446-8056 

Lawn I I I service 

"FIVE STAR LAWNCARE"' 

Residedlal mowing 1 ac. or 

less $40 Planting & fertiliz 

ing. Clean up 8 haul off. 

mulch-aerate, overseed & 

trim shrubs.423-923-0481 

CME Landscape Mgmt, LLc 

3aves Removed ++. Book NOW. Profes~ional woIWLh. 8 

05.245-41 15. 383-3886~ 

111 p Mowin, 

C 

112 

AA P 

'$9.00 p 

orywi 

- Quaiity \ 

131 

ERIC 

wo 

Ft, 

- 425236 

CON, 

Driven 

Retaining 

- Free Est. 

HUDSO 

AN 

For all yo, 

- 42 

OUALI' 

WORK 

Frs 

123-247-21 - 

175 

THIS &mi 

speciall~i~ 

23 years t 

remodsiin 

AAA Ah 

Trash - Bru 

&Garages 
E2 Thursday, October 14,2010 

to Bid 

clinic for commit messee LaFollefte 

elved At the corn! I Street JqKrboro m., I&I !me, oA n at sad time pub. Wd. 

~ill.com 

ADE OUT ON THE 

iD IN THE CONIOY be obtained at ad" lnc., 299 North 

oxville Tennessee 

orly-~fghl Hundred one ref. Addltlonol 

Im Knox Blue. 

right to waive any ct any or aIi bids. 

:enred can!roctorr 

tl(lCtOT5' LIEenSln9 

2 Chanter 6) of the <tote or Tennessee. 

lth 40 CFR 35.936 7. 

the Anti Klckbock Work Hours ston01 they do not, ond 

wide for their em- hot ore segregated reed, color, or noITOP LOOKING NOH YO" fa"odil!l!ll 

16 0611Ion88vallabl~ 

&)el up and display ie00 plus per mom sla 

ID em. nec full trainlog EU~CB an 12 vac.day ~ryramil. aner 90 day lease Call 3ffiaW-475 

9amdprn 

LEGAL NOTICE OF PUBLIC HEARING 

TENNESSEE DEPARTMENT OF ENVIRONMENT 

AND CONSERVATION 

DIVISION OF AIR POLLUTION CONTROL 

There will be a public hearing before the Technical Secretary of theTennessee Air Pollution Con 

kol Board to consider the promulgation of an amendment to the Tennessee Air Pollution Conm 

Regulations and the State Implementation Plan pursuant to Tennessee Code Annotated, Sectior 

68201-105. The comments received at this hearing will be prwented to theTennessee Air Poll"- 

tion Control Board for their consideration in regards to the proposed regulatory amendment. The 

hearing wiJ be conducted in the manner prescribed by the Uoiform Administrative Procedures 

Act, TenncSSee Cade Amtated, Section 49-201 et scq. and will take place in the 9th Floor Con 

ference Room of the L & C Annex, located at 401 Church Street, Nashville, Temessee 37243- 

1531, at 9:30 a.m. an Wedoesday,November 17,2010. Aoyoned~siriog to make oral commentsal 

this public heariog is requestedta prepare aden copy of their comments to be submitted to the 

hearing officei at thepublic hearing. Wtittencommentanot submitted at the public hearing will be 

included in the hearingrecord ody if received by the dose of business an Wedoesday, Novembu 

17, 2010, at tbc following address: Technical Secretary, Tenoeasee Air Pollution Conk01 Board 

PthFloor,L& CAnnex, 401 Church Suest,Nashville,TN 37243-1531. Aoy individualsrvlmdisabilities who wish to pmioipta in these proceedings or to review these flings shouldsontact the 

remessee Deparrment of Environment and Comemation to discuss any avnjliary aids or services 

oeededto facilitate suchpariicipation. Suohloitial conractmay bcinpesan, by miting, telephone 

or other means, and should be madeno lcss than ten (10) days prior to Wedoesday,November 17 

2010, orthc datesuohpartyintcods to review such filings, to allow time to provide svchaidarservice. Contact Ms. Beverly Evans, Tennessee Depament of Environment and Conservation ADA 

Coodinator, 12th Floor, 401 Church Streef Nashville TN 37243, (615) 532-0207. Hearing impaired callers may use the Temessee Relay Service (1-800-848-0298). Ifyou have any questionr 

about the oti@tion of this ple dmoge, you may contact Mrs. LaceyHardin at (615) 532-0545 

%pies of documents concemiogthis matter are available for revim at the office ofthe Techid 

Secretary and at certain public depositotiea. Far idormation about reviewing these documents, 

?Lease contact hk MalsalmH. Bller, 9th Floor, L& CAnncx, 401 Church Skeet, Nashville, TN 

37243-1531, telephone (615) 532-0600. 

Summary of Ropored Changes 

Rule 1200-03-26.02 ConsrmFtion and Annual Gmissian fees is being revised by chsngiag the 

mount of amd fees being &charged to Title V rower for acfual and allowable emissions. Tk 

najority of the proposed changes arerequired by the6nallule perlaming to Implementationofthe 

Sew Source Review (NSR) Program for Partiwlate Matter Less Than25 Micrometers (PM2.5), 

,vhiuh was published in the FederalRegister an May 16,2008. One proposed change is a typopphicd correction to a previous rulemaking. Revisions coosidered at this hearing may be ad. 

~pted by the Tenoessee Air Pollution Canuol Board under T.C.A. 68-201-105. +he Board genual 

uthority to promulgate rules. Materials concerning the proposed actions will be available a1 

~np://m.gov/en~~nmenUupclppoi and also for pvblic inspection duMg normal working hour6 

itartlng on Friday, October 15,2010, at fhe following locations: 

(nowilk EPO lahnron CiQ EFO IacbonEFO 

1711 MiddlebraokPk 2305 Siiucrdde Road 1625 Hollywoad Drive 

~oxvilI~, 7??37921 JohnsonCily.TN37601-2162 lschsan.TN38305 

tir Poilutian connoi ~ivirion box corn* ~cpsmncnt of Divirion Air Pollution Conool 

AirPalIution Cmml Memphis - Shelby co. HeslUID.pt 

Lir Pollution Conml Division Pollution Conml Divirion U.S. EPA. RegionN 

:hawanoogaEPO Mempopolitan HealUi Deprtmmnmnf MTMD - I2Ui Floor 

ivitc550 I I I 23rd AV~. NO& ~tlanla Federal Center 

i4O McCnllir Avs. Narhville,lN 37203 61 Forayth ShrrtS.W. 

:hansnooga, IN 37402-2013 Adanrm, Georgia 30303 c/o Mr Disk Scbun, Chid 

UI persona interested in ihe air quality of thc State of Tentlessee are urged lo attend and will be 

~firded the ~~~~rtunrry to ~ressot testimony to the hearing officer regarding the proposed amend. 

nents. Any person desiring to present len&y mmmsnts should be prepared at the he-g to 

)ffe~amiften statement to be inco'pomted into the record. Written statements not presented at the 

wrings wlll dy be oonsidersd part of the records if received by 4:30 p.m. CDT on Wedoesday, 

.iovembcr 17,2010, attheoffice oftheTecbnicd Secretary, Tennessee Air PoUutianConmlBoard, 

IthFloor L& CAnnex, 401 Church Skeet, Nashville, Tennessee, 37243-1531. 

ildere Exchonge o Clork Avenue 

o~~ille, ~ennessee 

Grow Hill CO~SI~Y I Free PH: 666.1 

!Flee FAX: 866- 

865-420-3515 X: 8654284866 LL: 865403-5834 

ln%wilron@rncsro 

L BIDS MUST BE I FORM PROVll 

ACT DOCUMENT! 

1tlOCt Documents 

office of ~tsmwl iswxber ~0.d 

19 upon mvmeni ol IllllL (IIB00.00) fO i mw beobtoined 

1 Owner reserves 1 wmalitles ond to n 

blddera must be 

.equlred bv the c of 1976 (TCA Tltlt 

,era1 Arsernbl~of tl 

dm must Corn~ly Davis Bacon AC ond the Control ,fir+ 

fern must certify not. rnointoln or ees on facilit~es 

:he bdr of race, ill arigln. 

11wap a buyer's 

'kt In the News 

lnel Classifieds! 

521-8181 today. 


Division of Air Pollution Control

9th Floor L & C Annex

401 Church Street

Nashville, TN 37243-1531

October 8, 2010

Mr. Ron Gore, Chief

Air Division

Alabama Dept. of Environmental Management

P.O. Box 301463

Montgomery, AL 36110-1463

Re: Public Hearing Notice:

Dear Mr. Gore:

Enclosed for your information is a legal notice announcing a public hearings called under the 

authority of the Tennessee Air Pollution Control Board to receive comments on the proposed 

revisions to the Tennessee Air Pollution Control State Regulations.

If you have any questions or comments concerning the enclosed notice, please contact me at 

(615) 532-0600.

Sincerely, 

Malcolm H. Butler

Permit Program 

Division of Air Pollution Control

Enclosure

D:\ns\1
Division of Air Pollution Control

9th Floor L & C Annex

401 Church Street

Nashville, TN 37243-1531

October 8, 2010

Mr. Michael J. Stansfield, P.E.

Operating Permit Unit Chief

Missouri Dept. of Natural Resources

Air Pollution Control Program

P.O. Box 176

Jefferson City, MO 65102-0176

Re: Public Hearing Notice:

Dear Mr. Stansfield:

Enclosed for your information is a legal notice announcing a public hearings called under the 

authority of the Tennessee Air Pollution Control Board to receive comments on the proposed 

revision to the Tennessee Air Pollution Control State Regulations.

If you have any questions or comments concerning the enclosed notice, please contact me at 

(615) 532-0600.

Sincerely, 

Malcolm H. Butler

Permit Program 

Division of Air Pollution Control

Enclosure

D:\ns\7
Division of Air Pollution Control

9th Floor L & C Annex

401 Church Street

Nashville, TN 37243-1531

October 8, 2010

Ms. Sheila Holman, Director

Division of Air Quality

North Carolina DENR

1641 Mail Service Center

Raleigh, NC 27699-1641

Re: Public Hearing Notice:

Dear Ms. Holman:

Enclosed for your information is a legal notice announcing a public hearings called under the 

authority of the Tennessee Air Pollution Control Board to receive comments on the proposed 

revision to the Tennessee Air Pollution Control State Regulations.

If you have any questions or comments concerning the enclosed notice, please contact me at 

(615) 532-0600.

Sincerely, 

Malcolm H. Butler

Permit Program 

Division of Air Pollution Control

Enclosure

D:\ns\8
Division of Air Pollution Control

9th Floor L & C Annex

401 Church Street

Nashville, TN 37243-1531

October 8, 2010

Ms. Laurel Kroack, Chief

Bureau of Air

Illinoes Environmental Protection Agency

Division of Air Pollution Control

P.O. Box 19276

Springfield, IL 62794-9276

Re: Public Hearing Notice

Dear Ms. Kroack:

Enclosed for your information is a legal notice announcing a public hearings called under the 

authority of the Tennessee Air Pollution Control Board to receive comments on the proposed 

revision to the Tennessee Air Pollution Control State Regulations.

If you have any questions or comments concerning the enclosed notice, please contact me at 

(615) 532-0600.

Sincerely, 

Malcolm H. Butler

Permit Program 

Division of Air Pollution Control

Enclosure

D:\ns\9
Division of Air Pollution Control

9th Floor L & C Annex

401 Church Street

Nashville, TN 37243-1531

October 8, 2010

Mr. Kenneth Whatlay 

Environmental Coordinator

Metro Nashville Airport Authority

One Terminal Drive, Suite 501

Nashville, TN 37214-4114

Re: Public Hearing Notice:

Dear Mr. Whatlay:

Enclosed for your information is a legal notice announcing a public hearings called under the 

authority of the Tennessee Air Pollution Control Board to receive comments on the proposed 

revision to the Tennessee Air Pollution Control State Regulations.

If you have any questions or comments concerning the enclosed notice, please contact me at 

(615) 532-0600.

Sincerely, 

Malcolm H. Butler

Permit Program 

Division of Air Pollution Control

Enclosure

D:\ns\10
Division of Air Pollution Control

9th Floor L & C Annex

401 Church Street

Nashville, TN 37243-1531

October 8, 2010

Mr. John Lyons, Director

Division for Air Quality

Kentucky Dept. for Environmental Protection

803 Schenkel Lane

Frankfort, KY 40601

Re: Public Hearing Notice:

Dear Mr. Morse:

Enclosed for your information is a legal notice announcing a public hearings called under the 

authority of the Tennessee Air Pollution Control Board to receive comments on the proposed 

revision to the Tennessee Air Pollution Control State Regulations.

If you have any questions or comments concerning the enclosed notice, please contact me at 

(615) 532-0600.

Sincerely, 

Malcolm H. Butler

Permit Program 

Division of Air Pollution Control

Enclosure

D:\ns\12
Division of Air Pollution Control

9th Floor L & C Annex

401 Church Street

Nashville, TN 37243-1531

October 8, 2010

Mr. John Lyons, Director

Division for Air Quality

Kentucky Dept. for Environmental Protection

803 Schenkel Lane

Frankfort, KY 40601

Re: Public Hearing Notice:

Dear Mr. Morse:

Enclosed for your information is a legal notice announcing a public hearings called under the 

authority of the Tennessee Air Pollution Control Board to receive comments on the proposed 

revision to the Tennessee Air Pollution Control State Regulations.

If you have any questions or comments concerning the enclosed notice, please contact me at 

(615) 532-0600.

Sincerely, 

Malcolm H. Butler

Permit Program 

Division of Air Pollution Control

Enclosure

D:\ns\12
Division of Air Pollution Control

9th Floor L & C Annex

401 Church Street

Nashville, TN 37243-1531

October 8, 2010

Mr. Mike Dowd

Director of Air Quality Program

Virginia Department of Environmental Quality

629 E. Main Street, 8th Floor

Richmond, VA 23219

Re: Public Hearing Notice:

Dear Mr. Dowd:

Enclosed for your information is a legal notice announcing a public hearings called under the 

authority of the Tennessee Air Pollution Control Board to receive comments on the proposed 

revision to the Tennessee Air Pollution Control State Regulations.

If you have any questions or comments concerning the enclosed notice, please contact me at 

(615) 532-0600.

Sincerely, 

Malcolm H. Butler

Permit Program 

Division of Air Pollution Control

Enclosure

D:\ns\14
Division of Air Pollution Control

9th Floor L & C Annex

401 Church Street

Nashville, TN 37243-1531

October 8, 2010

Mr. Jay Fedczak, Title V Program Manager

Division of Air Quality

West Virginia Dept. of Environmental Protection

601 57th Street, SE

Charleston, WV 25304

Re: Public Hearing Notice:

Dear Mr. Fedczak:

Enclosed for your information is a legal notice announcing a public hearings called under the 

authority of the Tennessee Air Pollution Control Board to receive comments on the proposed 

revision to the Tennessee Air Pollution Control State Regulations.

If you have any questions or comments concerning the enclosed notice, please contact me at 

(615) 532-0600.

Sincerely, 

Malcolm H. Butler

Permit Program 

Division of Air Pollution Control

Enclosure

D:\ns\15
Division of Air Pollution Control

9th Floor L & C Annex

401 Church Street

Nashville, TN 37243-1531

October 8, 2010

Mr. Michael Abraczinskas

DAQ, Planing Section

1641 Mail Service Center

Raleigh, NC 27699-1641

Re: Public Hearing Notice:

Dear Mr. Abraczinskas:

Enclosed for your information is a legal notice announcing a public hearings called under the 

authority of the Tennessee Air Pollution Control Board to receive comments on the proposed 

revisions to the Tennessee Air Pollution Control State Regulations.

If you have any questions or comments concerning the enclosed notice, please contact me at 

(615) 532-0600.

Sincerely, 

Malcolm H. Butler

Permit Program 

Division of Air Pollution Control

Enclosure

D:\ns\16.doc