<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 a tllue copy ~ 

Amendment to Tennessee Department of Environment and Conservation 

Rule No. 1200-03-09-.01, filed the 5'h day of November, 2012 and 

effective the 3'd day 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 I 
Department 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: t l-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 filed after and as a resuft of a 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 (check all 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 Penn its 

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 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 PM10 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 accounting for condensable particulate matter shall not be 

considered in violation of this paragraph unless the applicable implementation plan 

required condensable particulate matter to 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 by the Agency on these rulemaking hearing rules was as follows: 

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. Wayne T. Davis / ~f1l{~ Dr. Mary English r u - Stephen R. Gossett y 

Mayor Tommy y Green 

• 

Dr. Shawn A. ../ Hawkins /-. ~~~'-<~\..-../ "':~lL- Helen Hennon v 

Richard M. Holland v ~~\_ / 

John Roberts dl/8tl{f/ ~/ 

/ 

'/,"' ~· ' IJ! f . ~ 

' Mayor Larry Waters '-J c/\~~~. Alicia M. Wilson v 

I certify that this is an accurate and complete copy of rulemaking hearing rules, lawfully promulgated and adopted 

by the Air Pollution Control Board on 08/08/2012, and is in compliance with the provisions of T.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: &~ 

My commission expires on: ~ _ YJt 20 13 

All nulemaking 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 5. 

Department of State 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 1693 
Public 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 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 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 1693 
Regulatory 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 to the proposed rule that would bear the cost of, or directly 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 necessary for preparation of the 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 of the proposed rule with any federal 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 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. 

Not Applicable. 

SS-7039 (October 2011) 6 RDA 1693 
Impact on Local Governments 

Pursuant to 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 1 070 

(http://state.tn.us/sos/acts/1 06/pub/pc1 070.pdf) of the 2010 Session of the 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, must also submit the following pursuant to T.C.A. § 4-5-226(i)(1}. 

(A) A brief summary of the 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 

the federal reoulations which were then inadvertentlY adooted by the Deoartment. 

(B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating 

promulgation of such rule or establishing guidelines relevant thereto; 

40 CFR 51.166(a)(7)(iv). These federal regulations require states to submit State Implementation Plans showing 

how they will 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 most directly affected by this 

rule, and whether those persons, organizations, corporations or governmental entities urge adoption or 

rejection of this rule; 

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

(D) Identification of any opinions of the attorney general and reporter or any judicial 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 of this rule, and assumptions and reasoning upon which the estimate 

. is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two 

percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less; 

I The fiscal Impact is minimal. 

(F) Identification of the 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 of the appropriate agency representative or representatives who will explain the rule at a 

scheduled meeting of the 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 of the agency representative or representatives who 

will explain the rule at a scheduled meeting of the committees; and 

Legal Services Director, Office of General Counsel 

Tennessee De artment of Environment and Conservation 

SS-7039 (October 2011) 8 RDA 1693 
20m 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. 

I The Board is not aware of any. 

SS-7039 (October 2011) 9 RDA 1693 
Department of State 

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 of State 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 filed after and as a result of 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 .. Hard in . . ... 

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 (check all 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) 

i Chapter Number I Chapter Title 

: 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 (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.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 it with a new subpart as 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 PM10 in 

PSD permits. Compliance with emissions limitations for l2M, PM2_5, and PM10 

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 matter to be included. 

Authority: T.CA §§ 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 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. Wayne T. Davis X 

Dr. Mary English X 

' 

Stephen R. Gossett X 

Mayor Tommy 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 that this is an accurate and complete copy of rulemaking hearing rules, lawfully promulgated and adopted 

by the Air 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 
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 

Date: -------------------

Signature: ---------------------

Name of Officer: Bany R. Stephens, P.E. 

Title of Officer: 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 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 of State Use Onty 

.:1 1.,:_. 

,_ 

('·-... .. ~1· 

:-= 

' U:· ... ,.. ... .. , .... ..... -·

-· ...:.: •.. 

' . Ln .. ·--- ' :...-~. 

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

""" --:.: .. 

l ~ • 2 :---- ·-~-.:....; '-'- .. 

.. r~ .. ,.- .;.r::: -- , _ _, ___ 

"'' C· 

=· ,...., l.J~ 

·:.r: 

SS-7039 (October 2011) 

Robert E. Cooper, Jr. 

Attorney General and Reporter 

Date 

Filed with the Department of State on: ---------------

4 

Effective on: ---------------

Tre Hargett 

Secretary of State 

RDA 1693 
Public 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 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 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 (October2011) 5 RDA 1693 
Regulatory 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 to the pr9posed rule that would bear the cost of, or directly benefit from 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 of professional skills necessary for preparation of the 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 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 of the proposed rule with any federal 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 1200-03-09-.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. 

Not Applicable. 

SS-7039 (October 2011) 6 RDA 1693 

SS-7039 (October 2011) 7 RDA 1693 
Additional 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 brief summary of the 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 

the federal reoulations which were then inadvertently adopted bv the Department. 

(B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating 

promulgation of such rule or establishing guidelines relevant thereto; 

40 CFR 51.166(a)(7)(iv). These federal regulations require states to submit State Implementation Plans showing 

how they will attain and maintain the National Ambient Air Quality Standards. These specific requirements were 

oublished in the Federal Reaister on Mav 16, 2008. 

(C) Identification of persons, organizations, corporations or governmental entities most directly affected by this 

rule, and whether those persons, organizations, corporations or governmental entities urge adoption or 

rejection of this rule; 

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

(D) Identification of any opinions of the attorney general and reporter or any judicial 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 of this rule, and assumptions and reasoning upon which the estimate 

is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two 

percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less; 

I The fiscal Impact is minimal. 

(F) Identification of the 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 of the appropriate agency representative or representatives who will explain the rule at a 

scheduled meeting of the committees; 

Alan M. Leiserson 

Legal Services Director, Office of General Counsel 

Tennessee Department of Environment and Conservation 

20"' Floor, L & C Tower 

Nashville, TN 37243-1548 

(H) Office address, telephone number, and email address of the agency representative or representatives who 

will explain the rule at a scheduled meeting of the committees; and 

Legal Services Director, Office of General 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 that the committee requests. 

I The Board is not aware of any. 

88-7039 (October 2011) 9 RDA 1693