Public Hearing 

Tennessee Division of Air Pollution Control 

9th Floor Conference Room L & C Annex 

401 Church Street 

Nashville, TN 37243-1531 

9:30A.M. 

October 20, 2009 

Page 1 of 2 Pages 

Opening Statement For Hearing and Comment Summary 

I would like to call this hearing to order. It is 9:30a.m October 20, 2009. 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 revisions to the Tennessee Division of Air Pollution 

Control's Regulations as follows: 

Part 29. of subparagraph (b) of paragraph (4) of Rule 1200-03-09-.01 Construction Permits i.s being 

amended by adding two (2) compounds to the list of compounds excluded from the definition of Volatile 

Organic Compounds (VOC) on the basis that these compounds have been determined to have negligible 

photochemical reactivity contribution to tropospheric ozone formation. The aforementioned part will be 

updated by adding the new compounds propylene carbonate and dimethyl carbonate to the list of 

compounds there by making the State rule read identical to the Federal rule. 

Paragraph (2) of Rule 1200-03-10-.02 Monitoring of Source Emissions, Recording, and Reporting of the 

Same are Required is being amended by adding a new subparagraph (d) to allow facilities Subject to Rule 

1200-03-09-.02(11) to synchronize the reporting of data generated by continuous emissions monitoring 

systems required by Rule 1200-03-10-.02 with reports required by Rule 1200-03-09-.02(11 ). 

Subparagraph( c) of Paragraph (7) of Rule 1200-03-16-.01 General Provisions New Source Performance 

Standards, Rule 1200-03-16-.22 Coal Preparation Plants, and Rule 1200-03-16-.53 are being repealed, as 

they have been made obsolete by revisions to the equivalent federal regulations. 

Rule 1200-03-18-.01 Definitions is being amended by adding two (2) compounds to the list ofcompounds 

excluded from the definition of Volatile Organic Compounds (VOC) in Paragraph 1200-03-18-.01(88) and 

Exempt Compounds in Paragraph 1200-03-18-.01(26) on the basis that these compounds have been 

determined to have negligible photochemical reactivity contribution to tropospheric ozone formation. The 

two aforementioned paragraphs will be updated by adding the new compounds propylene carbonate and 

dimethyl carbonate to the list of compounds there by making the State rule read identical to the Federal 

rule. 

Rule 1200-03-20-.03 Notice Required When Malfunction Occurs and Paragraph (2) of Rule 1200-03-20-

.04 Logs and Reports are being repealed as they have been made obsolete by current federal reporting 

requirements. 

Rule .02 Definitions in Chapter 1200-03-29 Light-Duty Motor Vehicle Inspection and Maintenance is being 

amended by adding definitions for low and medium speed vehicles. Rule .04 Exemption from Motor 

Vehicle Inspection Requirements is being amended to exempt low and medium speed vehicles from 

vehicle testing requirements. These type vehicles are manufactured as non-road vehicles and therefore 

are not subject to an emissions test. 

Rule 1200-03-34-.01 is replaced with a new rule (also 1200-03.-34.01) since this rule has undergone 

extensive revisions to meet new Federal requirements.· These revisions are required by section 6011 of 
Page 2 of 2 Pages 

the Safe Accountable Flexible Efliclenffrallsportiilioll Equity Act .ATegacy for Users (SAFETEA=LO), -

___ section~60JJ,_amending_Section 176(c)(4) of the Clean Air Act requiring States to amend Conformity 

State Implementation Plans (SIPs). Tennessee's Conformity SIP is contained in rule 1200-03-34-.01 in 

the Air Pollution Control Division's regulations. This rule provides Federal, State and Local air pollution 

control, .transportation, and transportation planning agencies with . criteria and procedures on the 

consultation process for the development of Transportation Plans, Transportation Improvement Programs, 

Project level analyses and State Implementation Plans. 

These changes are pursuant to Tennessee Code Annotated, Section 68-201-105. 

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 Tuesday, October 20, 2009. 

Notice of this hearing was publicized in newspapers of general circulation as required by T. C.A. Section 68-

201-105. Copies of the proposed amendments are available for public inspection at various locations 

detailed in the public 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 b.e available for the 

cost of reproduction. Requests for such copies should be sent to the Technical Secretary at the previously 

mentioned address. 

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 a oral comment? 

Comments-,-----~--------

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

recess until1 0:00a.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? 

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

adjourned. 

C :/ohs\21. doc