# <Cfo 

# aQQ to 

# whom these Cf:\esents shaQQ come, Q!leeting: 

# 9, V!te ffiMgett, gec/leta/ly**o~** 

# gtate**~** 

# the 

# gtate**~** 

# Vetmessee. do helleby**~** 

# that the**aM~** iS 

# atllue copy**~**

Amendmentto TennesseeDepartmentof Environmentand Conservation RuleNo. 1200-03-09-.01, filed the 5'h day of November, 2012 and effective the3'dday of February, 2013



# the olligiMQ**o~** 

# which is MW 

# on**~iQe** 

# and 

# a matte/l**o~** 

# lleCo!ld in this oMiee. 9n 9'estimony**CWhelleo~.** 

# 9 have he!leunto subsc!libed my 

# oMiciaQ signatU/le and 

# by o!ldell**o~** 

# the Qove/lnoll**~~i)(ed** 

# the Q!leat geaQ**o~** 

# 9'ennessee at the Cl:J3pa!ltment ill 

# the cA!ashviQQe, this 6'h 

# day**o~** February, 2013

I I
I IDepartment of State Division of Publications 312 Rosa L. Parks Avenue, 8th Aoor Snodgrass!TN Tower Nashville, TN 37243 · Phone: 615-741-2650 Fax: 615-741·5133 Email: register.information@trl.gov For Department of State Use Only Sequence Number: 

## tl-o-=t- 1:• ·Rule 

### ID(s): 7''5:"-:2.,'-':•**?,~_**'-''-\

__ _ File Date: 

### i\- 

## '5-**I:~.** Effective Date: 

## J
- ':)··· \**~** 

# Rulemaking Hearing Rule(s) Filing Form Rulemaking Hearing Rules are nules filedafterandasa resuftofa rulemaking hearing. T.C.A. § 4-5-205 

### i Agency/Board/Commission: 

### i Environment & Conservation I
· Division: I Air Pollution Control 

# I Contact Person: 

## I Lacey

### J. Hardin 

## I t Address: 

## i gffi Floor 

### L & C Annex 

# I i i 401 Church Street 

# I I_____ I Nashville, Tennessee · 

# I ----cZ;;,ic:::-p:=-'!r-;3;;:;7"'247;3-<"1';:;5':;;;3'i1

### ==~=-------------------1 Phone: 

## I (615) 532-0545 

# L Email: 

## I Lacev.Hardin@tn.gov



### ·--- . 

### - Revision Type (checkall that apply): 

### X Amendment New =Repeal

Rule(s) Revised (All chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please enter only ONE Rule Number/Rule Title per row) Chapter Number Chapter Title 1200-03-09 Construction and Operating Permits Rule Number Rule Title 1200-Q3-09-.01 Construction Perm

### its

SS-7039 (October 2011) 

### 1 RDA 1693

### (Place substance of rules and other info here. Statutory authority must be given for each rule change. For information on formatting rules go to http://state.tn.us/sos/rules/1360/1360.htm) Chapter 1200-03-09 Construction and Operating Pennits Subpart (vi) of part 47 of subparagraph (b) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is amended bydeleting the subpart part in its entirety and replacing it with a new subpart as follows: 

## ' '(vi) PM2

### .s 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, 201

## i, such condensable particulate matter shall 

### be accounted for in·applicability determinations and in establishing emissions limitations for PM2.5 

### and PM10 

### in PSD permits. Compliance with emissions limitations for PM2

### .s, and PM 10 

### 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 tothis date without accounting for condensable particulate matter shall not be considered in violation of this paragraph unless the applicable implementation plan required condensable particulate matterto be included. Authority: T.C.A. 

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

SS-7039 (October 2011) 

### 2 RDA 1693• If a roll-call vote was necessary, the vote bythe Agency on these rulemaking hearing rules was asfollows: Board Member Aye No Abstain Absent Signature 

### {if reauired) Michael Atchison 

# /**!'~~CkJ ~**  Dr. J. Ronald Bailey 

# J


# .**!2~1 (i~**  ..11 Elaine Boyd 

# /

# ~~-L**~L-** Dr. Brian 

# y W.Christman
Dr. WayneT. Davis 

# /

# ~f1l{~ Dr. Mary English 

# r 

# u

- 

# y Stephen 

### R. Gossett MayorTommy 

# y Green 

# • Dr. Shawn 

### A. 

# ../

# ~~~'-<~\..-../**"':~lL-** Hawkins 

# /-. Helen Hennon 

# v

Richard M. Holland 

# v

# ~~\_
/ 

# dl/8tl{f/ John Roberts**~/** 

# '/,"' ' IJ!

.**~** /**~·** f 

### '

# c/\~~~. Mayor LarryWaters 

### '-J

Alicia M. Wilson 

# v
I certifythatthis is an accurate and complete copy of rulemaking hearing rules, lawfully promulgated and adopted bytheAir Pollution Control Board on 08/08/2012, and is in compliance with the provisions ofT.C.A. 

### § 4-5-222.

SS-7039 (October 2011) 

### 3 RDA 1693:. ...L

...:: 

### '-. '- 

# '' :..-r-. I further certify the following:
Notice of Rulemaking Hearing filed with the Department of State on: 06/14/12 Rulemaking Hearing(s) Conducted on: (add more dates). 08/06/12

Sign:::::

# ==~~:~:~:·:f,:;e::~::::'~'l..---:~::,.,...:::::/========= Name of Officer: _B=:a::::r.:.;ry'-'R'-".'-'S"'te,.p::..:h.:.:e::.:AS,,--'-P-'-.E"'.'-------------

Title of Officer: Technical Secretary
Subscribed and sworn to before me on: 

# ..Ocz**~** 

# /() , 

# c ()/2.**""~** I Notary Public Signature:

# ~)2}L:**&~** Mycommission expires on:

# ~ _ 

# YJt 20

# 13

All nulemaking hearing rules provided for herein have been examined bythe Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 

### 4, Chapter 

### 5.

Department ofState Use Only

L.:j f- ;>-"1.: 

### (r.. ::,_

____ .·;



# - .•


# .-
L..U .:..•"'1

Rm09-.01(4)(b)47.(VJ).doc SS-7039 (October 2011) 

### 4

# f\37~o~. Cooper, Jr. 

# I Attorney General and Reporter**!)-'f-1~** Date

Effective on: 

### __..,.)"'·_'?:>.:=;._·-_!

## "'-3-j-+l-clr'J±-'1+-J--ri-,-.

___ _

# ~ Tre Hargett Secretary of State

RDA 1693Public Hearing Comments 

### One copy of a document containing responses to comments made at the public hearing must accompany the filing pursuant to T.C.A 

### § 4-5-222. Agencies shall include onlytheir responses to public hearing comments, which can be summarized. No letters of inquiryfrom parties questioning the rule will be accepted. When no comments are received at the public hearing, the agency need only draft a memorandum stating such and include it with the Rulemaking Hearing Rule filing. Minutes of the meeting will not be accepted. Transcripts are not acceptable. There were no comments received during the public comment period.

SS-7039 (October 2011) 

### 5 RDA 1693Regulatory Flexibility Addendum 

### Pursuant to T.C.A. 

### §§ 4-5-401 through 4-5-404, prior to initiating the rule making process as described in T.C.A. 

### § 4-5-202(a)(3) and T.C.A. 

### § 4-5-202(a), all agencies shall conduct a review of whether a proposed rule or rule affects small businesses. (1) The type or types of small business and an identification and eStimate of the number of small businesses subject tothe proposed rule that would bear the cost of, ordirectly benefit from the proposed rule: The revision to subpart (4)(b)47(vi) of Rule 1200-03-Q9-.01 would not affect any facility currently considered as being a small business. (2) The projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed rule, including the type of professional skills necessaryfor preparation ofthe report or record: None. (3) A statement of the probable effect on impacted small businesses and consumers: The revision subpart (4)(b)47(vi) of Rule 120D-03-09-.01 would have no impact on small businesses and consumers. (4) A description of any less burdensome, less intrusive or less costly alternative methods of achieving the purpose and objectives of the proposed rule that may exist, and to what extent the alternative means might be less burdensome to small business: None. (5) A comparison ofthe proposed rule with anyfederal or state counterparts: The removal 

### of the words "Particulate matter (PM) emissions" in the first sentence and "PM" in the second and third sentence in subpart (4)(b)47(vi) of Rule 1200-Q3-09-.01 is being done to correct a mistake made by EPA in the federal regulations which were then inadvertently adopted bythe Department. (6) Analysis of the effect of the possible exemption of small businesses from all or any part of the requirements contained in the proposed rule. Not Applicable.

SS-7039 (October 2011) 

### 6 RDA 1693Impact on Local Governments Pursuantto T.C.A. 

### §§ 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://state.tn.us/sos/acts/106/pub/pc1 070.pdf) ofthe 2010 Session ofthe General Assembly) These proposed rule revisions will have no projected impact on local governments.

SS-7039 (October 2011) 

### 7 RDA 1693.Additional Information Required 

### by Joint Government Operations Committee All agencies, upon filing a rule, mustalso submitthefollowing pursuantto T.C.A. 

### § 4-5-226(i)(1}. 

### (A) A brief summary ofthe rule and a description of all relevant changes in previous regulations effectuated by such rule; The removal of the words "Particulate matter (PM) emissions" in the first sentence and "PM" in the second and third sentence in subpart (4}(b}47(vi) of Rule 1200-03-09-.01 is being done to correct a mistake made by EPA in thefederal reoulations which werethen inadvertentlY adooted bythe Deoartment. 

### (B) A citation to and brief description of anyfederal law or regulation or anystate law or regulation mandating promulgation of such rule or establishing guidelines relevantthereto; 40 CFR 51.166(a)(7)(iv). Thesefederal regulations require states to submit State Implementation Plans showing howtheywill attain and maintain the National Ambient Air Quality Standards. These specific requirements were published in the Federal Reaister on Mav 16, 2008. 

### (C) Identification of persons, organizations, corporations or governmental entities mostdirectly affected bythis rule, and whetherthose persons, organizations, corporations or governmental entities urge adoption or rejection ofthis rule; 

# I Owners and operators of major. sources of air pollution are affected bythis rule. No comments were received.



### (D) Identification of any opinions ofthe attorney general and reporter or anyjudicial ruling that directly relates to the rule; · 

## I The Department is not aware of any.



### (E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation ofthis rule, and assumptions and reasoning upon which the estimate

.is based. An agency shall not state thatthe fiscal impact is minimal ifthe fiscal impact is morethan two percent (2%) of the agency's annual budget orfive hundred thousand dollars ($500,000), whichever is less; 

# IThe fiscal Impact is minimal.



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

### J. Hardin Division of Air Pollution Control 9th Floor, L 

### & C Annex 401 Church Street Nashville, Tennessee 37243-1531 

### (G) Identification ofthe appropriate agency representative or representatives who will explain the rule at a scheduled meeting ofthe committees; Alan M. Leiserson Legal Services Director, Office·of General Counsel Tennessee Department of Environment and Conservation 20'h Floor; L & C Tower Nashville, TN 37243-1548 

### (H) Office address, telephone number, and email address ofthe agency representative or representatives who will explain the rule at a scheduled meeting ofthe committees; and Legal Services Director, Office of General Counsel Tennessee De artment of Environment and Conservation SS-7039 (October 2011) 8 RDA 169320m Floor, L 

### & C Tower Nashville, TN 37243-1548 (615) 532-0131 Alan.Leiserson @tn .oov (I) Any additional information relevant to the rule proposed for continuation that the committee requests. 

## IThe Board is not aware of any.

SS-7039 (October 2011) 

### 9 RDA 1693

### Department ofState Division of Publications 312 Rosa L. Parl<s Avenue, 8th Floor SnodgrassiTN Tower Nashville, TN 37243 Phone: 615-741-2650 Fax: 615-741-5133
· Email: register.information@tn.gov 

### For Department ofState Use Only Sequence Number: I\

.. 

### D"'l· -;

### ,:.< Rule ID(s): "''SC":::,"': '\..;..._'-\.__

__ _ 

### File Date: 

## 1\.-· c;;·-- i;}... Effective Date: 

### ,;> · 

### Z,-1. ", 

# Rulemaking Hearing Rule(s) Filing Form Rulemaking Hearing Rules are rules filedafterandas

### a resultof

### a rulemaking hearing. T.C.A. § 4-5-205**~gency/Board/Commission:** 

### . Environment & 

### Conservation**----~·-----Divisicm:**

### _ Air Pollution**Cont::_:ro~l**

### __ _**~ontact** 

### Person:

..**L.a~Y.**

### J
.. Hardin

. . ... Address: · 9" Floor L & 

### C Annex 401 Church Street

, Nashville, Tennessee Zip: 37243-1531 --------:P:=;h--'o=ne: •.

## (615) 532-0545-

_____ u_ .. __**-·--·-emiiiE--Lacey~Harciin@tn.gov--** 

# ---------- -········-··· ·······umnn 

## ---.-·-- Revision Type (checkall thatapply): 

### X Amendment --New =Repeal

Rule(s) Revised (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please enter only ONE Rule Number/Rule Title per row) 

## i Chapter Number 

# I ChapterTitle : 1200-03-09 1 

### Construction and**Operatingc.:P_,e::!.r,_,_m:!!its"'-------------------~** 

### I Rule Number 1 

### Rule Title l 1200-03-09-.01 

# I Construction Permits

SS-7039 (October2011) 1 

### RDA 1693

### (Place substance of rules and other info here. Statutory authority must be given foreach rule change. For information on formatting rules go to http://state.tn.uslsoslrulesl1360/1360.htm) Chapter 1200-03--09 Construction and Operating Permits Subpart (vi) of part 47 of subparagraph (b) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is amended by deleting the subpart part in 

### its entirety and replacing itwith a new subpartas follows: (vi) 12aFiic<Jiate Matter (PM) eFAissiens. PM2

_ 5 

### emissions and PM,0 

### 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 l2M, 

### PM2.5 and PM 10 

### in PSD permits. Compliance with emissions limitations for l2M, 

### PM2

_ 5, 

### and PM 10 

### 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**a~unting** 

### for condensable particulate matter shall not be considered in violation**ofl~is** 

### paragraph unless the applicable implementation plan required condensable particulate matterto 

### be included. Authority: T.CA 

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

SS-7039 (October 2011) 

### 2 RDA 1693

### * Ifa roll-call vote was necessary, the vote by the Agency on these rulemaking hearing rules was as follows: Board Member Aye No Abstain Absent Signature (if required) Michael Atchison 

### X

Dr. 

### J. Ronald Bailey 

### X

Elaine Boyd 

### X

Dr. Brian X W.Christman
Dr. WayneT. Davis X

Dr. Mary English X ' Stephen R. Gossett X MayorTommy X Green Dr. Shawn 

### A X Hawkins
Helen Hennon X

Richard M. Holland 

### X

John Roberts X
Mayor Larry Waters X

Alicia M. Wilson X
I certify thatthis is an accurate and complete copy of rulemaking hearing rules, lawfully promulgated and adopted by theAir Pollution Control Board on 08/08/2012, and is in compliance with the provisions ofT.C.A. 

### § 4-5-222.

SS-7039 (October2011) 

### 3 RDA 1693I further certify thefollowing:
Notice of Rulemaking Hearing filed with the Department of

### State on: 06/14/12 Rulemaking Hearing(s) Conducted on: (add more dates). 08/06/12

Date:
------------------- Signature:
--------------------- Name ofOfficer: Bany R. Stephens, P.E.

Title ofOfficer: Technical Secretary
Subscribed and swom to before me on: ----------------- Notary Public Signature:
----------------- My commission expires on: -----------------
All rulemaking hearing rules provided for herein have been examined by the Attorney General and Reporter ofthe state ofTennessee and are approved as to legality pursuantto the provisions ofthe Administrative Procedures Act, Tennessee CodeAnnotated, Title 

### 4, Chapter

### 5.

DepartmentofState Use Onty

.:1 1.,:_. 

# ,_ ('·-

...

..**~1·** 

### :-= 

### ' U:· ... ,.. 

### ... 

# -· .., 

## .... ..... 

# -· ...:.: •.. 

## '

# . Ln 

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## c;.- ! .;..L,_ ... 

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## 2 :----**·-~-.:....;** '-'- .. ..**r~**..,.- .;.r:::

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## "'' C· 

# =·**l.J~** 

## ,...., ·:.r:

SS-7039 (October2011) Robert E. Cooper, Jr. Attorney General and Reporter Date

Filed with the Department ofState on: ---------------



### 4 Effective on: --------------- Tre Hargett Secretary ofState

RDA 1693Public Hearing Comments One copy ofa document containing responses to comments made atthe public hearing must accompany the filing pursuant

### to T.C.A. 

### § 4-5-222. Agencies shall include only their responses to public hearing comments, which can be summarized. No letters of inquiry from parties questioning the rule will be accepted. When no comments are received 

### atthe public hearing, the agency need only draft a memorandum stating such and include itwith the Rulemaking Hearing Rule filing. Minutes ofthe meeting will not be accepted. Transcripts are not acceptable. Therewere no comments received during the public comment period.

SS-7039 (October2011) 

### 5 RDA 1693

### Regulatory Flexibility Addendum Pursuant to T.C.A. 

### §§ 4-5-401 through 4-5-404, priorto initiating the rule making process as described in T.C.A. 

### § 4-5-202{a){3) and T.C.A. 

### § 4-5-202{a), all agencies shall conduct a review ofwhether a proposed rule or rule affects small businesses. (1) The type or types ofsmall business and an identification and estimate ofthe number of small businesses subjectto the pr9posed rule that would bearthe cost of, ordirectly benefitfrom the proposed rule: The revision to subpart (4)(b)47(vi) of Rule 1200-03-09-,01 would not affect any facility currently considered as being a small business. (2) The projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed rule, including the type ofprofessional skills necessaryfor preparation ofthe report or record: None. (3) A statement ofthe probable effect on impacted small businesses and consumers: The revision subpart (4)(b)47(vi) of Rule 1200-03-09-.01 would have no impact on small businesses and consumers. (4) A description of any less burdensome, less intrusive or less costly alternative methods of achieving the purpose and objectives of the proposed rule that may exist, and to what extent the alternative means might be less burdensome to small business: None. (5) A comparison ofthe proposed rule with any federal orstate counterparts: The removal ofthe words "Particulate matter (PM) emissions" in the first sentence and "PM" in the second and third sentence in subpart (4)(b)47(vi) of Rule 1200-03-09-.01 is being done to correct a mistake made by EPA in the federal regulations which were then inadvertently adopted by the Department (6) Analysis of the effect of the possible exemption of small businesses from all or any part of the requirements contained in the proposed rule. NotApplicable.

SS-7039 (October 2011) 

### 6 RDA 1693

SS-7039 (October 2011) 

### 7 RDA 1693Additional Information Required by Joint Government Operations Committee All agencies, upon filing a rule, must also submit the following pursuant to T.C.A. 

### § 4-5-226(i)(1). (A) A briefsummary ofthe rule and a description ofall relevant changes in previous regulations effectuated by
· such rule; The removal ofthe words "Particulate matter (PM) emissions" in the first sentence and "PM" in the second and third sentence in subpart (4)(b)47(vi) of Rule 1200-03-09-.01 is being done to correct a mistake made by EPA in the federal reoulations which were then inadvertently adopted bv the Department. (B) A citation to and brief description ofany federal law or regulation orany state law or regulation mandating promulgation ofsuch rule orestablishing guidelines relevantthereto; 40 CFR 51.166(a)(7)(iv). These federal regulations require states to submit State Implementation Plans showing howtheywill attain and maintain the National AmbientAir Quality Standards. These specific requirements were oublished in the Federal Reaister on Mav 16, 2008. (C) Identification of persons, organizations, corporations orgovernmental entities mostdirectly affected bythis rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection ofthis rule; 

# I Owners and operators of major sources ofair pollution are affected by this rule. No comments were received.

(D) Identification ofany opinions ofthe attorney general and reporter oranyjudicial ruling that directly relates to the rule; 

# IThe Department is notaware ofany.

(E) An estimate ofthe probable increase or decrease in state and local government revenues and expenditures, 

### ifany, resulting from the promulgation ofthis rule, and assumptions and reasoning upon which the estimate is based. An agency shall notstate that the fiscal impact is minimal 

### ifthe fiscal impact is morethan two percent (2%) ofthe agency's annual budget orfive hundred thousand dollars ($500,000), whichever is less; 

# IThefiscal Impact is minimal.

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

### J. Hardin Division ofAir Pollution Control 

### 9th Floor, L 

### & C Annex 401 Church Street Nashville, TennesSee 37243-1531 (G) Identification ofthe appropriate agency representative or representatives who will explain the rule ata scheduled meeting ofthe committees; Alan M. Leiserson Legal Services Director, Office ofGeneral Counsel Tennessee Department of Environment and Conservation 20"' Floor, L 

### & C Tower Nashville, TN 37243-1548 (H) Office address, telephone number, and email address ofthe agency representative or representatives who will explain the rule ata scheduled meeting ofthe committees; and Legal Services Director, Office ofGeneral Counsel Tennessee De artment of Environment and Conservation SS-7039 (October 2011) 8 RDA 1693

### 20"' Floor, L 

### & C Tower Nashville, TN 37243-1548 (615) 532-0131 Alan.Leiserson@ltn.qov 

### (I) 

### Any additional information relevant to the rule proposed for continuation thatthe committee requests. 

# IThe Board is notaware ofany.

88-7039 (October 2011) 

### 9 RDA 1693