August 19, 2009 

Mr. A.Stanley Meiburg, Acting 

Regional Administrator 

US EPA, Region IV APTMD -

Atlanta Federal Center, 14th Floor 

61 Forsyth Street, SW 

Atlanta GA 30303 -8960 

Certifted Mail # 7006 3450 0003 9091 3640 

Return Receipt Requested 

RE: · Official Submittal of the Regulatory Amendments to the Knox County Portion of the 

State Implementation Plan for Tennessee 

Dear Mr. Meiburg: 

This is an official submittal of the regulatory revisions to the Knox County portion of the 

Tennessee State Implementation Plan (SIP) being made pursuant to Section 110 of the 

Clean Air Act (CAA). 

The Knox County Air Pollution Control Board approved revisions to existing Regulation 

Section 16.3.C, Section 25.10 .B.ll, and Section 46.2 rule requirements on April 15, 

2009. The adopted amendments to these regulations are outlined in the Knox County Air 

Pollution Control Board meeting minutes- Board Action No. 04-15-09 in Attachment I 

technical support documents. These regulatory revisions are not in conflict with 

Tennessee's effective regulation requirements. 

As required, a copy of the rule revision CD and tow hard copies of regulation revisions 

ar~ included with supporting documentation consisting of the following: 

• a copy of the March 19, 2009, notice of public hearing 

• a copy of the April15, 2009, Knox County Air Control Board meeting minutesBoard Action No. 04-15-09 

• a copy of the adopted Sections 16.3.c, Sections 25.10.Bll and 46.2 language 

changes to the Knox County Air Quality Regulations 

• a copy of the Tennessee Air Pollution Control Board Order No. 09-004 dated 

August 12, 2009. . 
TENNESSEE DEPARTMENT OF ENVIRONMENT & CONSERVATION 

BUREAU OF ENVIRONMENT 

DIVISION OF AIR POLLUTION CONTROL 

IN THE MATTER OF 

REGULATORY AMENDMENT TO THE 

KNOX COUNTY PORTION OF THE 

STATE IMPLEMENTATION PLAN (SIP} 

} 

} 

} 

} 

} 

TOINCORPORATEAMENDMENTS } 

TO THE KNOX COUNTY AIR QUALITY } 

REGULATIONS IN SECTIONS 25.0 PERMITS, } 

16.0 OPEN BURNING AND SECTION 46.0 } 

VOC RULES } 

BOARD ORDER 

ORDER No: 09-004 

The following matter came before the Tennessee Air Pollution Control Board on August 12, 2009. 

On March 19, 2009, the Knox County Department of Air Quality Management submitted notification to the 

Division of proposed regulatory amendments to their Air Quality Management Regulations affecting 

Sections 16.0 Open Burning, 25.0 Permits, 27.0 Sampling & Testing Methods and Section 46.0 Volatile 

Organic Compounds (VOC} rules. A copy of the proposed regulatory SIP amendments is outlined in 

Attachment I. 

Public Notice of the proposed revision action was published in the March 14, 2009, issue of the Knoxville 

News-Sentinel. The Knox County Air Pollution Control Board approved the proposed amendments to 

Regulation Section 16.3.C, Section 25.10.B.11, and Section 46.2 on April 15, 2009. The adopted 

amendments to these regulations are outlined in the Knox County Air Pollution Control Board meeting 

minutes- Board Action NO. 4-15-09 in Attachment I. 

The Division of Air Pollution Control has examined the proposed changes in the language in Sections 

16.3.C, 25.10.B.11, and Section 46.2 of the Knox County Air Quality Regulations and finds the revisions 

acceptable. These regulatory revisions to Sections 16.3.C, 25.10.B.11 and 46.2 are not in conflict with 

Tennessee's effective regulation requirements. 

Following the Board's approval, the Knox County portion of the State Implementation Plan shall be 

amended, and the adopted regulatory amendments outlined in Attachment I incorporated. 
16.0 OPEN BURNING 

16.1 Open Burning Prohibited 

After the effective date of these regulations, no person shall cause, suffer, allow, or permit 

open burning of any kind except as specifically permitted in this section. 

16.2 Definitions 

"Air Curtain Destructor" is a portable or stationary device that directs a plane of high 

velocity forced draft air through a manifold head into a bum chamber with vertical walls in 

such a manner as to maintain a curtain of air over the surface of the bum chamber and a 

recirculating motion of air under the curtain. The use of an air curtain destructor is 

considered controlled open burning subject to the opacity requirements of Section 17.0 

(Regulation of Visible Emissions) of these Regulations. 

"Air Pollution Emergency Episode" is defined as air pollution alerts, warnings, or 

emergencies declared by the Knox County Department of Air Quality Management during 

adverse air dispersion conditions that may result in harm to public health or welfare. 

"Natural Disaster" is defined as any event commonly referred to as an "Act of God" and 

includes, but is not limited to the following weather related or naturally occurring 

categories of events: tornadoes, hail and wind storms, snow or ice storms, flooding, and 

earthquakes. 

"Open Burning" is the burning of any matter under such conditions that products of 

combustion are emitted directly into the open atmosphere without passing directly through 

a stack. 

"Person" is any individual, partnership, co-partnership, firm, company, corporation, 

association, joint stock company, trust, estate, political subdivision, agency, authority, 

commission, department of the United States government, or of the State of Tennessee 

government; or any other legal entity, or their legal representative, agent, or assigns. 

"Registered Sanitary Landfill" is defined as one approved by the Tennessee Department 

of Environment and Conservation, Division of Solid Waste Management, to which a 

registration number has been assigned. 

"Wood Waste" is defined as any product which has not lost its basic character as wood, 

such as bark, sawdust, chips, and chemically untreated lumber whose "disposition" by open 

burning is to solely get rid of or destroy. 

16-1 
This will not be construed to allow burning of materials cleared to prepare 

land for any construction purposes. NOTE: The term "brush wood" 

excludes leaves, grass clippings, and stumps. 

B. Open fires may be set for the training and instruction of public or private fire-fighting 

personnel. Provided all applicable conditions are met; including, but not limited to: 

1. Application is made not less than 10 days prior to the proposed bum date. 

Failure to submit completed forms or to supply any requested supplementary 

information concerning a proposed open burning operation shall constitute just 

cause for refusing issuance of a permit. 

2. The following certifications must be made with the application, on the date of 

application: 

a. Certification that the structure is free of asbestos; 

b. Certification that the structure is free of asphalt shingles; 

c. Certification that the burn is for training purposes; 

d. Certification that a traffic hazard will not be generated. 

3. Routine demolition of structures via supervised burning by responsible fire 

control personnel will not be considered fire training or an elimination of a fire 

hazard. Therefore, such activity deemed not for training or fire hazard 

elimination purposes is prohibited. 

C. ( Reserved ) 

D. Such other open burning as may be approved by the Director of the Knox 

County Department of Air Quality Management where there is no other practical , safe, 

and/or lawful method of disposal. Documentation demonstrating why the requirements of 

Section 16.0 of these Regulations cannot be met must be submitted. The Director will 

determine whether to approve or disapprove after receipt of the documentation and 

completion of the staff inspection. 

Open burriing of materials must be conducted in conformity with the following conditions: 

1. All material to be burned must be dry and in other respects be in a state to 

sustain good combustion. 

2. No fire shall be ignited while any air pollution emergency episode is in effect 

in the area of the bum. 

16-3 
16.6 None of the exceptions listed in paragraphs 16.3 or 16.4 are to be construed to allow the 

open burning of leaves, tires, plastics, synthetics, grass clippings, stumps, waste fluids, 

garbage, treated wood, wire insulation, or construction rubbish including, but not limited to 

shingles, siding, insulation, asphalt, or coal tar impregnated products, etc. 

16.7 Regardless of any other provision in these Regulations, the use of any air curtain destructor 

will be prohibited in Knox County after January 1, 2005. None of the exceptions listed in 

paragraphs 16.3 or 16.4 (including 16.4.D) are to be construed to allow the use of an air 

curtain destructor after this date. Exceptions may be made at the discretion of the agency 

until April 30, 2005. 

16-5 
ATTACHMENT I 
itD9 Af9flFAt(JCf50 F C 0 UN TY MAY 0 R 

Air Quality Management • 140 Dameron Avenue, Knoxville, TN 3 791 7 

Mr. Hubie Stephens 

TDEC 

Division of Air Pollution Control 

9th Floor, L&C Annex 

Nashville, TN 37243-1531 

Dear Mr. Stephens: 

April 22, 2009 

On April15, 2009 the Knox County Air Pollution Control Board amended the Knox 

County Air Quality Management Regulations. The amendments affected Sections 16.0, 

25.0, and 46.0 of said rules. The ~ox County Department of Air Quality Management 

formally requests that the State Implementation Plan be revised to include these revisions. 

Documentation has been submitted of our completed regulatory process that clearly 

delineates the incorporation of said changes into our regulations. 

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

enclosed is Board Action No. 04-15-09. Please let me know if you have any questions or 

comments concerning this matter 

Enclosures( s) 

Sincerely, 

Lynne A. Liddington 

Director 
Knox County Air Pollution Control Board Meeting 

Proposed Regulatory Revisions 

Apri115, 2009 

1. Amend Section 16.3 (Exceptions to Prohibition - Without Permit ) by removing the last 

paragraph ( 16.3.C) regarding the allowing oflaw enforcement agencies to open bum 

contraband. The paragraph to be removed currently reads as follows: 

" C. Fires set at the direction of law enforcement agencies or courts for the purpose of 

destruction of controlled substances and legal drugs seized as contraband. Priming 

materials used to facilitate such burning shall be limited to #1 and #2 grade fuel oils." 

2. Amend Section 27.1 (Sampling and Testing Methods) by adding the following sentence at the 

end of the second paragraph: 

" All sampling and testing of specific minor sources, when required to do so by the 

Department, and ofall major sources shall be conducted or approved by a professional 

engineer registered in or formally recognized by the State ofTennessee." 

3. Amend Section 25.10 (Permit by Rule) by adding the following Section 25.10.B.ll so that it 

reads as follows: 

" 11. Ethanol distribution operations: 

a. Notwithstanding any other provision of these regulations, this standard applies to 

facilities with a potential to emit in excess of the Part 70 major source threshold 

without existing federally enforceable permit conditions limiting the source to 

below Part 70 major source thresholds. Ethanol distribution operations shall be 

deemed to have a Permit by Rule of the conditions in paragraphs (1) and (2) are 

met. Facilities that have potential emissions greater than major source thresholds 

even after this regulation is met or are not able to meet the conditions in paragraphs 

(1) and (2) shall obtain a Part 70 permit. 

(1) Monitoring and record keeping: A log of the monthly ethanol 

throughput must be kept. The previous twelve consecutive 

month's throughput total must be included in each month's 

log. This log shall be kept for five years from the date of last 

entry. The log shall be available for inspection or submittal 

to the Department. 

( continued on the next page) 
MR. SCHAAD PRESENTED TilE ".i.OPOSED REGULA TORY AMENDMENT TO SECTlf"' 46.2 

(REGULATION OF VOLA TILE ORGANl JMPOUNDS). A MOTION TO ADOPT WAS MADE • .viS. 

STINTON AND SECONDED BY MR. WELCH, AND UPON VOTE, THE MOTION CARRIED . 

••••••••• 

A COMPLETE COPY OF THE REGULA TORY REVISIONS IS FILED WTrn THESE MINUTES . 

•••••••••• 

IN RE: ENFORCEMENT UPDATE 

MR. MCDANIEL DISCUSSED WITH THE BOARD THE 12 NOTICES OF VIOLATION FOR 

OPEN BURNING, ASBESTOS, AND TITLE V PROGRAM. MR. MCDANIEL ANNOUNCED THERE 

WERE 2 ADMJNISTRATIVE ORDERS. 

A COMPLETE COPY OF THE THIS UPDATE IS FILED WTrn THESE MINUTES . 

•••••••••• 

IN RE: REPORTS 

MR. MCDANIEL PRESENTED THE BOARD WITH THE NAAQS A TTAlNMENT STATUS. 

KNOX COUNTY WAS DESIGNATED FOR NON-A TTAlNMENTTHE 1997 OZONE STANDARD, 2007 

OZONE STANDARD, AND THE ANNUAL PM 2.5 STANDARD. THE 2008 DESIGN VALUE IS 0.088 

PPM. THE 2008 DESIGN VALUE FOR THE ANNUAL PM 2.5 STANDARD IS 15.1 JLg/rn'. TDEC 

SUBMITTED A PM 2.5 SIP LAST YEAR AND EPA HAS DELA YEO MAKING A DECISION ABOUT 

THE SIP. 

MR. MCDANIEL REPORTED 1HAT LAST MONTH TDEC SUBMITTED A LIST OF PROPSED 

NON-ATTAINMENT AREAS FOR THE 2007 OZONE STANDARD. GOVERNOR BREDESEN 

PROPOSED TIIAT KNOX, BLOUNT, LOUDON, AND ANDERSON COUNTIES BE INCLUDED IN 

NON-ATTAINMENT AREA. 

IN BE: CITIZEN'S COMMENTS AND REQUESTS 

DR. DAVIS ASKED IF THERE WAS ANYONE PRESENT WHO WISHED TO ADDRESS THE 

BOARD. THERE WERE NONE. 

• ••••••••• 

IN RE: OTIIER BUSINESS 

DR. DAVIS ASKED IF TIIERE WAS ANY OTHER BUSINESS. THERE WAS NONE . 

•••••••••• 

IN RE: ADJOURNMENT 

A MOTION TO ADJOURN THE MEETING WAS MADE BY MR. FORTUNATO AND SECONDED 

BY MS STINTON. 

• ••••••••• 
~.,VA \..,VUl'l .l I 

AIR POL~UTION CONTRJL BOARD 

Dr. Wayuc Davis, Ph.D. R . TheUm~~~ 

Mr. Paul Fonunaro 

Knoxville~ Pannership 

Mr. W. 

~ 

Mark GeJdmeier 

The City of KnoXville 

Mr.~:.!l_~ 

Ta:bni:i~ofKnoxville 

Dr. Micbael MWer, M.D. 

Knoxville ~:fMedicine 

Mr. Terry Sisk 

Pellissippi ~mty College 

Mrs. Lisa StimoD 

c~~ 

Mr. JeffWelcb 

Knoxville Reg~nation PlaMing OrganiZation 

Mr. Bruce Wuedlrich 

Knox&:=~ 

I. Call to Order 

II. Roll Call 

AGENDA 

The Knox County Air Pollution 

Control Board will meet in regular 

session at 4:00p.m. on Wednesday, 

April15, 2009 in the 2Dd Floor Main 

Conference Room, 

Knox County Health Department, 

140 Dameron Avenue. 

ill. Approval of Minutes from Meeting of January 21, 2009 

IV. Amendments to the Agenda 

V. Director's Update 

VI. Regulatory Changes 

Amendments to Section 16.0, Open Burning 

Amendments to Section 25.0, Permits 

Amendments to Section 27 .0, Sampling and Testing Methods 

Amendments to Section 46.0, Regulation of Volatile Organic Compounds 

VII. Enforcement Update 

vm. Reports 

IX. Citizens' Comments and Request 

X. Other Business 

XI. Adjournment 

Mr. Mic:bael R. Ragsdale Knox County Mayor 

Mr. Bill Locken 

Director 

Knox County Law Department 

Mr. Thomas E. Slrickland, Jr. 

CJairman 

Boanl of Conunissiooers 
KNOX COUNTY 

AIR POLLUTION CONTROL BOARD 

BOARD ACTION NO. 4-15-09 

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

approve amendments to Sections 16.3.C, Section 25.10.B.ll, Section !'f.l, and Section 46.2 of 

the Knox County Air Quality Management Regulations. A complete and accurate copy of the 

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

published in the March 14, 2009 issue of the Knoxville News-Sentinel. 

Lynne A. Liddington, Director 

Knox County Department of Air 

Quality Management 

And 

Technical Secretary, Knox County Air 

Pollution Control Board 

••••••••••••••••••••••••••••••••••••••••••••• , The items listed above were approved by a majority vote of the Knox County Air 

Pollution Control Board on April 15, 2009. 

-
OFFICE Of COUNTY MAYOR 

Air Quality Management • 140 Dameron Avenue, Knoxville, TN 37917 

Mr. Rubie Stephens 

TDEC 

Division of Air Pollution Control 

91h Floor, L&C Annex 

Nashville, TN 37243-1531 

Dear Mr. Stephens: 

March 12, 2009 

Enclosed please find the public notice, draft agenda, proposed changes for the April 

15, 2009 meeting of the Knox County Air Pollution Control Board. Copies of the Board 

actions, request for approval and the minutes from the meeting will be sent to EPA at a 

later date. 

If you have any questions, please feel free to contact me. 

Sincerely, 

Lynne A. Liddington 

Director ' 

]' 

Enclosure( s) 

ph 8oS 21 5 5000 • fox 8oS 21 5 5002 
Memorandum 

Date: April 15, 2009 

To: Steve McDaniel, DAQM - Knoxville, TN 

From: Hubie Stephens 

RE: Regulatory Rule Revisions - pre hearing comments 

Steve: 

The Division has completed a review of the following proposed regulatory revisions: 

• Amendment of Section 16.3.C (Exceptions to Prohibition - Without Permit) by removing 

the last paragraph (16.3.C) regarding the allowing of law enforcement agencies to open 

burn contraband drugs. · 

• Amendment of Section 25.10 (Permit by Rule) by addition of new wording in Section 

25.10.B.11(a), which reads "Ethanol distribution operations shall be deemed to have a 

Permit by Rule !! conditions in paragraphs ( 1) and (2) are met". 

• Amendment of Section 27.1 (Sampling and Testing Methods) by adding a new sentence 

wording at the end of the second paragraph requirements. 

• Amendment of Section 46.2 by replacing the existing definition of ' Volatile Organic 

Compounds (VOC)' with new language consistent with 40 CFR Part 51, Subpart .E 

requirements and finds the revisions acceptable. 

The proposed regulatory amendments to the above Sections are not in conflict with the State's 

effective rule requirements. 

Thank you for the opportunity to comment on the proposed local regulatory revisions. Hope 

your day is going well. 

~~~ Local Progra:Jfoordinat~r Division of Air Pollution Control 

TDEC 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 4 

ATLANTA FEDERAL CENTER 

61 FORSYTH STREET 

ATLANTA, GEORGIA 30303-8960 

April 2, 2009 

Ms. Lynne A. Liddington, Director 

Knox County Air Pollution Control Board 

140 Dameron A venue 

Knoxville, Tennessee 3 7917 

Dear Ms. Liddington: 

The Region 4 Office of the U.S. Envirorunental Protection Agency (EPA) received the 

preheaTing submittal dated March 24,2009, proposing revisions to the Knox County Air Quality 

Management regulations. The proposed revisions relate to the following: removal of 16.3.C; 

amendment of Section 27.1; amendment of Section 25.10 by adding Section 25.10.8.11; and 

amendment of Section 46.2 by replacing the definition of volatile organic compounds. 

We have completed our review and have the following comment regarding the 

amendment of Section 25.10. For the sentence in 25.10.B.11(a), which reads "Ethanol 

distribution operations shall be deemed to have a Permit by Rule of the conditions in paragraphs 

(1) ad (2) are met,:", we suggest that it be changed to read as follows: "Ethanol distribution 

operations shall be deemed to have a Permit by Rule if conditions in paragraphs (1) ad (2) are 

met." 

If you have any questions, please contact Lynorae Benjamin at (404) 562-9040, or have 

your staff contact Mohammad Madjdinasab of the EPA Region 4 staff at ( 404) 562-9026. 

Sincerely, 

Richard A. Schutt 

Chief 

Air Planning Branch 

Internet Address (URL) • http://www.epa.gov 

Recycled/Recyclable • Printed wlh Vegetable oa Based Inks on Recycled Paper (Minimum 30% Poslconsumer) 
TENNESSEE DEPARTMENT OF ENVIRONMENT & CONSERVATION 

BUREAU OF ENVIRONMENT 

DIVISION OF AIR POLLUTION CONTROL 

IN THE MATTER OF 

REGULATORY AMENDMENT TO THE 

KNOX COUNTY PORTION OF THE 

STATE IMPLEMENTATION PLAN (SIP) 

) 

) 

) 

) 

) 

TOINCORPORATEAMENDMENTS ) 

TO THE KNOX COUNTY AIR QUALITY ) 

REGULATIONS IN SECTIONS 25.0 PERMITS, ) 

16.0 OPEN BURNING AND SECTION 46.0 ) 

VOC RULES ) 

BOARD ORDER 

ORDER No: 09-004 

The following matter came before the Tennessee Air Pollution Control Board on August 12, 2009. 

On March 19, 2009, the Knox County Department of Air Quality Management submitted notification to the 

Division of proposed regulatory amendments to their Air Quality Management Regulations affecting 

Sections 16.0 Open Burning, 25.0 Permits, 27.0 Sampling & Testing Methods and Section 46.0 Volatile 

Organic Compounds (VOC) rules. A copy of the proposed regulatory SIP amendments is outlined in 

Attachment I. 

Public Notice of the proposed revision action was published in the March 14, 2009, issue of the Knoxville 

News-Sentinel. The Knox County Air Pollution Control Board approved the proposed amendments to 

Regulation Section 16.3.C, Section 25.1 O.B.11, and Section 46.2 on April 15, 2009. The adopted 

amendments to these regulations are outlined in the Knox County Air Pollution Control Board meeting 

minutes- Board Action NO. 4-15-09 in Attachment I. 

The Division of Air Pollution Control has examined the proposed changes in the language in Sections 

16.3.C, 25.10.B.11, and Section 46.2 of the Knox County Air Quality Regulations and finds the revisions 

acceptable. These regulatory revisions to Sections 16.3.C, 25.10.B.11 and 46.2 are not in conflict with 

Tennessee's effective regulation requirements. 

Following the Board's approval, the Knox County portion of the State Implementation Plan shall be 

amended, and the adopted regulatory amendments outlined in Attachment I incorporated.