COMPLETENESS 

FORMAL LETTER OF SUBMTITAL 

REQUESTING EPA APPROVAL 
STATE OF TENNESSEE 

DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

9th Floor E & C Annex 

401 Church Street 

Nashville, TN 33243-1531 

Certified Mail #Z 067 169 018 

Return Receipt Requested 

Mr. John H. Hankinson Jr. 

Regional Administrator 

U.S. EPA, Region IV 

345 Courtland Street, N.E. 

Atlanta, Georgia 38365 

Subject: Official Submittal of Request for State Implementation Plan 

Revisions to Chapter 1208-3-9 Construction and Operating Permits, Paragraphs 1200-3-9-.01(6),(7), and (8) 

Dear Mr. Hankinson: 

This is an official submittal of a request for incorporation into the 

State Implementation Plan of revisions to Chapter 12'30-3-9 

Construction and Operating Permits, Paragraphs 1200-3-9-.81(6),(7). 

and (8) of the Tennessee Air Pollution Control Regulations. 

Supporting documentation consisting of a certification of the rule as 

State effective, evidence of a public hearing and notice, the Board 

order adopting the rule change, and a compilation of public comments 

to the proposed rule change with staff response to comments are 

already in your possession. 

The Environmental Protection Agency is requested to process Paragraphs 

1280-3-9-. 01 (61, (71, and (8) as part of the federally approved State 

Implementation Plan. 

If you need further information or documentation concerning this 

matter. please contact Malcolm Butler at (615) 532-0608. 

Tennessee Air Pollution Control Board 

cc: Karen Bore1 

wp\mhbdocs\johnhank.sil 
COMPLETENESS CRITERIA NUMBER 2 

EVIDENCE THAT TEEE STATE HAS ADOPTED THE PLAN 

DATE OF ADOPTION, EFFECTIVE DATE 
Page 32 of 32 Pages 

Further, I certify that these rules are properly presented for filing, a notice of 

rulemaking hearing having been filed in the department of State o n t h e 30th 

day of December, 1993, and such notice of rulemaking hearing having been 

published in The 14rh day of January, I994 issue of the Tennessee 

Administrative Register, and such rulemaking hearing having been 

conducted pursuant thereto on the 22nd of February, 1994. 

w, N& 

fhn W. Walton, Technical Secretary 

Tknnessee Air Pollution Control ~oaid 

Subscribed and sworn to before me this the & a- day of 

19.4$- . ,@ =, 

My commission expires on the & day of mnzck- , 19 7b . 

AII rulemaking hearing rules provided for herein have been examined by the 

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,? 

The rulemaking hearing rules set out herein were properly filed in the 

will become effective on the day of 

Secretary of State L 

By: & '& /&t%Gd 
COMPLETENESS CRITERIA NUMBER 4 

COPY OF THE REGULATION INCLUDING COPY WITH 

CHANGES INDICATED AND SIGNED BY STATE 

OFFICIAL THAT IT IS ENFORCEABLE BY THE STATE 
Department of Environment and Conservation, 

Rule 1200-3-9-.01(5), filed June 2, 1994, 

effective August 15, 1994, which remains in 

effect at the time of this certification 

pursuant to TCA Section 4-5-207 
7- 

I 

Page 25 of 32 Pages 

(I) Availability for public inspection in at least 

one location in the area affected of the 

information submitted by the owner or 

operator and of the Technical Secretary's 

analysis of the effect on air quality; 

(11) A 30-day period for submittal of public 

comment; and 

(Ill) A notice by prominent advertisement in the 

area affected of the location of the source 

information and analysis specified in Item (I) 

of the Sub-part. This notice shall be = 

provided by the source owner or operator. 

(ii) Where the 30-day comment period required in Item 

I1 of Sub-part (i) would conflict with existing t 

requirements for acting on requests for permission 

to construct or modify, the Technical Secretary 

may submit for approval a comment period which 

is consistent with such existing requirements. 

(iii) The Technical Secretary shail provide a copy of 

the notice required by Sub-part (i) of this part to 

the Adrnjnistrator through the appropriate Regional 

Office, and to all other State and local air pollution 

control agencies having jurisdiction in the region in 

which such new or modified installation will be 

located. The notice also must be sent to any other 

agency in the region having responsibility for 

implementing the procedures required under this 

part. For lead, a copy of the notice is required for 

all point sources. The definition of point source 

for lead is given in 40 CFR Part 51.100(k)(2). (July 

1, 19931. 

4. Emissions banking for an air contaminant for which an 

area is designated nonattainment must be conducted in 

accordance with the EPA Part Ill, Emissions Trading 

Policy Statement ..., Federal Register 1 Vol. 51, No. 233 1 

Thursday, December 4, 1986. 

(61 Construction permits issued under this rule are based on the control 

of air contaminants only and do not in any way affect the applicant's 

obligation to obtain necessary permits from other governmental 

agencies. 

(7) The applicant for a construction permit (or its equivalent by Board 

order) shall pay the cost of publication of any notices required by 

state or federal law or regulations to effectuate the rights applied for. 

... 7 
(8) Visibility Protection 

Page 26 of 32 Pages 

(a) Definitions - Unless specifically defined in this part, all terms 

shall have the meaning given them in Chapter 1200-3-2, 

paragraph 1200-3-9-.01(4) and Chapter 1200-3-23. 

1. "Visibility protection area" means any of the mandatory 

Federal Class I areas listed below. These areas are those 

mandatory Federal Class I areas where visibility values 

may be impacted by sources in Tennessee: 

(i) Great Smoky Mountains National ark(^^), 

TN-NC. 

(ii) Joyce Kilmer-Slickrock National 

Wilderness Area(NWA), TN-NC. t 

(iii) Cohutta National Wilderness Area, TN-GA. 

(iv) Linville Gorge National Wilderness Area, NC. 

(v) Shining Rock National Wilderness Area, NC. 

(vi) Sipsey National Wilderness Area, AL. 

(vii) Mammoth Cave National Park, KY. 

(viii) Mingo National Wilderness Area, MO. 

2. (Reserved) .- 

3. Class I! areas in Tennessee are those areas not already 

designated as mandatory Federal Class 1 areas. This 

corresponds to all areas of the State which are not part 

of Cohutta NWA or Great Smoky Mountains N.P., or 

Joyce Kilmer-Slickrock National Wilderness Area(NWA). 

(b) Review of major stationary sources and major 

modifications - source applicability and exemptions. 

1. No stationary source or modification to which the 

requirements of this part apply shall begin actual 

construction without a permit which states that the 

stationary source or modification would meet the 

applicable requirements. 

2. The requirements of this part shall apply to construction 

of any new major stationary source or major modification 

that would be constructed in an area classified as 

nonattainment and potentially have an impact on visibility 

in any visibility protection area. 

3. The requirements of this part shall apply to any major 

stationary source and any major modification with 

respect to each air contaminant that it would emit, <- except as this part otherwise provides. 
Page 27 of 32 Pages 

4. The requirements of this part shall not apply to a 

particular major stationary source or major modification, 

if: 

(i) The source or modification would be a nonprofit 

health or nonprofit educational institution, or a 

major modification would occur at such an 

institution, and the governor of the State in which 

the source or modification would be located 

requests that it be exempt from those 

requirements; or 

(ii) The source or modification that would be a major 

stationary source or major modification only if 

fugitive emissions, to the extent quantifiable, are 

considered in calculating the potential to emit of 

the stationary source or modification and the 

source does not belong to any of the following 

categories: 

Coal cleaning plants (with thermal 

dryers); 

Kraft pulp mills; 

Portland cement plants; 

Primary zinc smelters; 

Iron and steel mills; 

Primary aluminum ore reduction 

plants; 

Primary copper smelters; 

Municipal incinerators capable of 

charging more than 50 tons of refuse 

per day; 

Hydrofluoric, sulfuric, or nitric acid 

plants; 

Petroleum refineries; 

Lime plants; 

Phosphate rock processing plants; 

Coke oven batteries; 

Sulfur recovery plants; 

Carbon black plants (furnace 

process); 

Primary lead smelters; 

Fuel conversion plants; 

Sintering plants; 

Secondary metal production plants; 

Chemical process plants; 

Fossil-fuel boilers (or combination 

thereof) totaling more than 250 

million British thermal units per hour 

heat input; 
Page 28 of 32 Pages 

(XXII) Petroleum storage and transfer units 

with a total storage capacity 

exceeding 300,000 barrels; 

(XXIII) Taconite ore processing plants; 

(XXIV) Glass fiber processing plants; 

(XXV) Charcoal production plants; (XXVI) Fossil fuel-fired steam electric plants 

of more than 250 million British 

thermal units per hour hear input; 

(XXVII) Any other stationary source category 

which, as of August 7, 1980, is being 

regulated under Chapter 1200-3-15, 

New Source Performance Standards, 

or Chapter 1200-3-1 1, Hazardous Air 

Contaminants. or Chapter 1200-3-31, 

Standards For Hazardous Air 7 

Contaminants For Source Categories, 

or 40 CFR Part 60 and 61 (July 1, 

1993). 

\ (iiil The source is a portable stationary source which 

has previously received a permit under this part; 

and 

(1) The owner or operator proposes to 

relocate the source and emissions of 

the source at the new location would 

be temporary (a two year period); and 

(1 1) The emissions from the source would 

not exceed its allowable emissions; 

and 

The emissions from the source would 

impact no visibility protection area 

and no area where an applicable 

increment is known to be violated; 

and 

Reasonable notice is given to the 

Technical Secretary prior to the 

relocation identifying the proposed 

new location and the probable 

duration of operation at the new 

location. Such notice shall be given 

to the Technical Secretary not less 

than 10 days in advance of the 

proposed relocation unless a different 

time duration is previously approved 

by the Technical Secretary. 
Page 29 of 32 Pages 

5. The requirements of this part shall not apply to a major 

stationary source or major modification with respect to a 

particular pollutant if the owner or operator demonstrates 

that, as to that pollutant, the source or modification is 

located in an area designated as attainment. 

6. The requirements of this part shall not apply to a major 

stationary source or major modification with respect to a 

particular pollutant, if the allowable emissions of that 

pollutant from the source, or the net emissions increase 

of that pollutant from the modification: 

i Would impact no visibility protection area and no 

area where an applicable increment is known to be 

violated, and 

(ii) Would be temporary. 

Visibility impact analyses. 

The owner or operator of a source shall provide an analysis of 

the impairment to visibility that would occur as a result of the 

source or modification and general commercial, residential, 

industrial and other growth associated with the source or 

modification. 

Federal land manager notification. 

I. The Federal Land Manager (FLM) and the Federal official 

charged with direct responsibility for management of 

Federal Class I areas have an affirmative responsibility to 

protect the air quality related values (including visibility) 

of such lands and to consider, in consultation with the 

Technical Secretary whether a proposed source or 

modification will have an adverse impact on such values. 

2. The Technical Secretary shall provide written notification 

to all affected Federal Land Managers of any permit 

application for any proposed new major stationary source 

or major modification that may affect visibility in any 

visibility protection area. The Technical Secretary shall 

also provide such notification to the Federal official 

charged with direct responsibility for management of any 

lands within any such area. Such notification shall 

include a copy of all information relevant to the permit 

application and shall be given within 30 days of receipt 

and at least 60 days prior to any public hearing on the 

application for a permit to construct. Such notification 

shall include an analysis of the proposed source's 

anticipated impacts on visibility in any visibility protection 
Page 30 of 32 Pages 

area. The Technical Secretary shall also notify all 

affected FLM's within 30 days of receipt of any advance 

notification of any such permit application. 

3. The Technical Secretary shall consider any analysis 

performed by the Federal Land Manager provided within 

30 days of the notification and analysis required by part 

2. of this subparagraph, that such proposed new major 

stationary source or major modification may have an 

adverse impact on visibility in any visibility protection 

area. Where the Technical Secretary finds that such an 

analysis does not demonstrate to the satisfaction of the 

Technical Secretary that an adverse impact on visibility 

will result in the visibility protection area, the Technical 

Secretary must, in the notice of public hearing, either 

explain his decision or give notice as to where the 

explanation can be obtained. ? 

(el National visibility goal. 

The Technical Secretary shall only issue permits to those 

qources whose emissions will be consistent with making 

reasonable further progress toward the national goal of 

preventing any future, and remedying any existing, impairment 

of visibility in visibility protection areas in which impairment 

results from man-made air pollution. In making the decision to 

issue a permit the Technical Secretary may take into account 

the costs of compliance, the time necessary for compliance, 

the energy and non-air quality environmental impacts of 

compliance, and the useful life of the source. 

(f) Monitoring. 

The Technical Secretary may require monitoring of visibility in 

any visibility protection area near the proposed new stationary 

source or major modification for such purposes and by such 

means as the Technical Secretary deems necessary and 

appropriate. 

Authority: T.C.A. Section 68-201 -1 05 and 4-5-202. 
7"' 

Page 31 of 32 Pages 

Signature of the agency officer or officers directly responsible for proposing and drafting these rules: 

IPc& -W. W&* 

mhn W. Walton, D~rector 

Tennessee Air Pollution Control Division 

A roll-call vote of the Tennessee Air Pollution Control Board on these 

rulemaking hearing rules was as follows: 

AV e No Abstain 

c6Lvm-L - J - kobert C: Burns I/ - 

/' 

. - w. & / 

: - A -, t. " Charles t3rown .- . - 

Steve Hays , 

fi Robert O. Kippatr~ck 

lke Sewell 

Rayburn l raughber 

I certify that this is an accurate and complete co y of rulemalting hearing rules, lawfully promulgated and adopted by the ennessee Air Pollution 

Control Board on the rYk day of &,-,a f 

, 19%. 

\ 

23 From: Bill Demqan 

o: Bill Denman 

c: Kay Prince 

2/3/95 9t54A.M (1081 bytes: 17 In) 

ubject: Note to Tennessee Files .............................. Message Contents ............................... This is a note to the Tennessee files for submittal TN 151 

in which Tennessee submitted paragraphs 1200-3-9-.O1 (6), 

(7), and (8) for incorporation into the SIP. These 

paragraphs were originally part of paragraph 1200-3-9-.O1 

(5) which was submitted as TN 139 on August 17, 1994. As a 

result of comments received at the public hearing held on 

paragraph 1200-3-9--01 (51, paragraphs 1200-3-9-.O1 (6), 

(7), and (8) were separated out of 1200-3-9--01 (5) to 

increase the applicability from just in nonattainment areas 

to both attainment and nonattainment areas. 

Therefore, when revisions to this rule were announced in the 

public notice, they were still part of 1200-3-9-.01 (5). 

For more information see submittal TN 139 dated, August 17, 

1994. 

Bill Denman 
SERVICE 

INC. 1 

Business Affiliate of The Tennessee Ress Association. Inc, 

February 2,1994 

C. Ron Culberson 

Tennessee Division of Air Pollution Control 

9th Floor, L & C Annex, 401 Church 

Nashville, Tennessee 37243-1531 

Gentlemen: 

The enclosed itemized statement is for publication of "Public Notice" on 

January 17, 1994 in the attached list of newspapers as authorized by your 

office. 

Full-page tearsheets are submitted herewith as further proof of publication. 

I, Robyn Gentile, Advertising Services Clerk of Tennessee Press Service, Inc,, 

do hereby certify that the attached is true and correct. 

This second day of February, 1994. ' 

~obyn/~entb!le, Advertising Services Clerk 

Swcrn to and subscribed before me this 2nd day of February, 1994. 
TENNiabSEE PRESS SERVICE 

PAGE: 1 

Business Affiliate of the Tennessee Press Association 

6915 Office Park Circle Telephone (615) 584-5761 Xnoxville, TN 37909-1162 

INVOICE 

CUST NO : 626 INVOICE NO : 5045 

NAME : TN DEPT OF ENVIRONMENT 6 CONSERVATI ORDER NO : 3422 

ATTENTION : INVOICE DATE : 01/31/94 

ADDRESS DUE DATE : r%/Ql/9+ 

: 9TH FL, L&C ANNEX, 401 CHURCH SALES REP 

: NASHVILLE TN 37243-1531 P.O. # 

ADVERTISER : TN DEPT OF ENVIRONMENT & CONS. CAPTION : LEGAL NOTICE 

DESCRIPTION RUN DATE QUANTITY UNIT RATE TOTAL 

CHATTANOOGA NEWS-FREE PRESS 01/17/94 11.50 INCH 30.00 345.00 

KINGSPORT TIMES-NEWS 01/17/94 11.50 INCH 26.30 302 -45 

KNOXVILLE NEWS-SENTINEL-RETAIL 01/17/94 11.50 INCH 34.28 394.22 

MEMPHIS COMMERCIAL APPEAL 01/17/94 11.50 INCH 154.53 1,777.10 

NASHVILLE TENNESSEAN 01/17/94 11.50 INCH 129.45 1,489.68 

*** PLEASE REMIT *** $4,307.45 
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COMPLETENESS CRITERIA NUMBER 7 

CERTIFICATION THAT THE PUBLIC HEARING WAS 

HELD IN ACCORDANCE WITH THE INFORMATION PROVIDED 

IN THE PUBLIC NOTICE AND STATE'S LAWS 
/+-.. ? 

Page 32 of 32 Pages 

Further, I certify that these rules are properly presented for filing, a notice of 

rulemaking hearing having been filed in the department of State on the 30th 

day of December, 1993, and such notice of rulemaking hearing having been 

published in the 14th day of January, 1994 issue of the Tennessee 

Administrative Register, and such rulemaking hearing having been 

conducted pursuant thereto on the 22nd of February, 1994. 

, w& 

X$hn W. Walton, Technical Secretary 

Tknnessee Air Pollution Control ~oarb 

Subscribed and sworn to before me this the 

197+ . 

My commission expires on the & day of WL~b--- I 19 36. 

All rulemaking hearing rules provided for herein have been examined by the 

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,jY 

Attorney General and Reporter 

The rulemaking hearing rules set out herein were properly filed in the 

will become effective on the /c day of 

r F 

Rilev C. Oarnell 

~ecietar; of State 

By: 
PUBLIC COMMENTS 
PHONE CALL OOISCUSSION FIELOT RIP OCONFERENCE 

RECORD OF 

COMMUNICATION 

TO: 

/ 

/ENNES~S Gd ~j 

 OTHER (SPECIFY) 

(Record of item checked above) 

FROM: DATE 

13,~~ D2%h++ TIME 

SUBJECT 

SUMMARY OF COMMUNICATION 

-522 7N/39 o &HbhjT/q/#, 

GBL/L C@n/n~& 

- 

CONCLUSIONS, ACTION TAKEN OR REQUIRED 

tNFORMATION COPIES 

TO: 

* 

EPA Farm 13004 (7.72) REPLACES EPA HQ FORM 1300-3 WHICrI MAY BE USED UNTIL SUPPLY IS EXHAUSTED.