### 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 ofthe Regulatory Amendments to the Knox County Portion ofthe State Implementation Plan for Tennessee 

### Dear Mr. Meiburg: This is an official submittal ofthe regulatory revisions to the Knox County portion ofthe 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 ofthe rule revision CD and tow hard copies ofregulation revisions**ar~** 

### included with supporting documentation consisting ofthe following:
• a copy ofthe March 19, 2009, notice ofpublic hearing • a copy ofthe 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 ofthese regulations, no person shall cause, suffer, allow, orpermit open burning ofany kind except as specifically permitted in this section. 16.2 Definitions "Air Curtain Destructor" 

### is a portable or stationary device that directs a plane ofhigh velocity forced draft airthrough a manifold head into abum chamber with vertical walls in such a manner as to maintain a curtain ofair over the surface ofthe 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 ofVisible Emissions) ofthese Regulations. "Air Pollution Emergency Episode" 

### is defined as air pollution alerts, warnings, or emergencies declared by the Knox CountyDepartment ofAir 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 ofGod" and includes, but is not limited to the following weather related or naturally occurring categories ofevents: 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 ofthe United States government, or ofthe State ofTennessee government; or any other legal entity, or their legal representative, agent, or assigns. "Registered Sanitary Landfill" 

### is defined as one approved bytheTennessee 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 chemicallyuntreated lumberwhose "disposition"byopen burning is to solely get rid ofor destroy.

16-1This will not be construed to allow burning ofmaterials cleared to prepare land for any construction purposes. NOTE: The term "brush wood" excludes leaves, grass clippings, and stumps. B. Open fires maybe setforthetrainingand instructionofpublicorprivatefire-fighting personnel. Provided all applicable conditions aremet; including, butnot limited to: 1. Application is made not less than 10 days prior to the proposed bum date. Failure to submit completed forms orto supply any requested supplementary information concerning a proposed openburningoperation shall constitutejust cause for refusing issuance ofa permit. 2. The following certifications mustbemade with the application, onthe date of application:
a. Certification that the structure is free ofasbestos; b. Certification that the structure is free ofasphalt 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 notbeconsidered fire training oran eliminationofa 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 ofthe Knox County Department ofAir Quality Management where there is no other practical , safe, and/orlawful method ofdisposal. Documentation demonstratingwhytherequirements of Section 16.0 ofthese Regulations cannot be met must be submitted. The Director will determine whether to approve or disapprove after receipt of the documentation and completion ofthe staffinspection. Open burriing ofmaterialsmustbeconducted inconformitywiththe 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 airpollution emergency episode is in effect in the area ofthe bum. 16

-3

### 16.6 None ofthe exceptions listed in paragraphs 16.3 or 16.4 are to be construed to allow the open burning ofleaves, tires, plastics, synthetics, grass clippings, stumps, waste fluids, garbage, treated wood, wireinsulation, orconstructionrubbishincluding, butnot limited to shingles, siding, insulation, asphalt, or coal tar impregnated products, etc.
16.7 Regardless ofany otherprovision intheseRegulations, theuseofany air curtain destructor willbeprohibited in Knox County after January 1, 2005. None ofthe exceptions listed in paragraphs 16.3 or 16.4 (including 16.4.D) are to be construed to allow the use ofan air curtain destructor after this date. Exceptions maybe made at the discretion ofthe agency until April 30, 2005.

16

-5

# ATTACHMENT I

# itD9 Af9flFAt(JCf50 F C0 

# UNTY MAY0 

# R Air Quality Management • 140 Dameron Avenue, Knoxville, TN 3791 7



### Mr
. Hubie Stephens TDEC Division ofAirPollution Control 9th Floor, L&C Annex Nashville, TN 37243-1531 DearMr. Stephens: April 22, 2009

On April15, 2009 the Knox CountyAir Pollution Control Board amended the Knox CountyAir QualityManagement Regulations. The amendments affected Sections 16.0, 25.0, and 46.0 ofsaid rules. The**~ox** 

### CountyDepartment ofAir QualityManagement formally requests that the State Implementation Plan berevised to include these revisions. Documentationhas been submitted ofourcompleted regulatoryprocess that clearly delineates the incorporation ofsaid changes into ourregulations. Enclosed are copies ofthe public notice, agenda, and the adopted amendments
. Also enclosed is Board Action No. 04-15-09
. Please let meknow ifyou 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 ) byremoving 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 ofthe second paragraph: " All sampling and testing ofspecific minor sources, when required to do so bythe Department, and ofall major sources shall beconducted or approved by a professional engineer registered in or formally recognized bythe State ofTennessee."
3. Amend Section 25.10 (PermitbyRule) by adding the following Section 25.10.B.ll so that it reads as follows: " 11. Ethanol distribution operations:
a. Notwithstanding any other provision ofthese 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 ofthe 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 ofthe 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 oflast 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 OFTHE REGULATORY 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 ATTAlNMENT STATUS. KNOXCOUNTYWASDESIGNATEDFORNON-ATTAlNMENTTHE 1997OZONESTANDARD,2007 OZONE STANDARD, AND THEANNUALPM2.5 STANDARD. THE 2008DESIGNVALUE IS 0
.088 PPM. THE 2008 DESIGN VALUE FOR THE ANNUAL PM 2.5 STANDARD IS 15.1 JLg/rn'. TDEC SUBMITTED APM 2.5 SIP LAST YEAR AND EPA HAS DELA YEO MAKINGA DECISIONABOUT THE SIP. MR. MCDANIELREPORTED 1HATLASTMONTH TDEC SUBMITTEDA LIST OFPROPSED 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: OTIIERBUSINESS DR. DAVIS ASKED IF TIIERE WAS ANY OTHER BUSINESS. THERE WAS NONE
. 

### ••••••••••
IN RE: ADJOURNMENT AMOTIONTO 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 ofKnoXville**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 

### AirPollution Control Board will 

### meet in regular session at 4:00p.m. on Wednesday, April15, 2009 in the 2Dd FloorMain Conference Room, Knox County Health Department, 140Dameron Avenue.



### ill. Approval ofMinutes from Meeting ofJanuary 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 andTesting Methods Amendments to Section 46.0, Regulation ofVolatile Organic Compounds VII. 

### Enforcement Update 

## vm. Reports IX. Citizens' Comments andRequest 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 ofConunissiooers

# KNOX COUNTY AIR POLLUTION CONTROL BOARD BOARD ACTION NO. 4-15-09

The Knox County Department ofAir 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 ofthe proposed regulations is contained in the attached material. Notice ofthis proposed action was published inthe March 14, 2009 issue ofthe Knoxville News-Sentinel.

Lynne A. Liddington, Director Knox County Department ofAir QualityManagementAnd 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 onApril 15, 2009.



# -

## OFFICE Of COUNTY MAYOR Air Quality Management • 140 Dameron Avenue, Knoxville, TN 37917



### Mr. Rubie Stephens TDEC Division ofAirPollution Control 9 1h 

### 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 ofthe Knox County Air Pollution Control Board. Copies ofthe Board actions, request for approval and the minutes from the meeting will be sent to EPA at a later date. Ifyou 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 TDECUNITED 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 Avenue Knoxville, Tennessee 

### 37917 DearMs. Liddington: The Region 4 Office ofthe U.S. Envirorunental Protection Agency (EPA) received the preheaTing submittal dated March 24,2009, proposing revisions to the Knox County Air Quality Managementregulations. The proposed revisions relate to the following: removal of 16.3.C; amendment ofSection 27.1; amendment ofSection 25.10by adding Section 25
. 10
.8.11; and amendment ofSection 46.2 by replacing the definition ofvolatile organic compounds. We have completed our review and have the following comment regarding the amendment ofSection 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 ofthe conditions in paragraphs (1) ad (2) are met,:", we suggest that it be changed to read as follows: "Ethanol distribution operations shall be deemedto have a Permit by Rule 

### ifconditions in paragraphs (1) ad (2) are met." Ifyou have any questions, please contact Lynorae Benjamin at (404) 562-9040, or have your staffcontact Mohammad Madjdinasab ofthe EPA Region 4 staffat (404) 562-9026. Sincerely,

Richard A. Schutt Chief Air Planning Branch

Internet Address (URL) • http://www
.epa.gov Recycled/Recyclable • Printed wlh Vegetableoa Based Inkson 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 ofthe 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
. 1O.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.