## COMPLETENESS

FORMAL LETTER OF SUBMTITAL REQUESTING EPA APPROVALSTATE OFTENNESSEE DEPARTMENTOF ENVIRONMENTAND 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 STATEHAS 

## ADOPTED 

## THEPLAN

DATE OF ADOPTION, EFFECTIVEDATE

### Page 

### 32 of 32Pages

Further, I 

### certify thatthese 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 

# a- Subscribed and sworn to before me this the 

### &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 

### ofthe 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 

## CRITERIANUMBER 4

COPY OF 

## THEREGULATIONINCLUDING COPY 

## WITH CHANGES INDICATED

# AND SIGNEDBY 

## STATE OFFICIALTHAT IT IS 

## ENFORCEABLEBY 

## THE STATEDepartment 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 inthe 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 bythe 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 inthe region in which such new or modified installation will be located. The notice also must be sent to any other agency inthe region having responsibility for implementingthe 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 

### 1Vol. 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 havethe 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 ofthe mandatory Federal Class 

### Iareas listed below. These areas are those mandatory Federal Class I

### areas where visibility values may be impacted by sources inTennessee: (i) 

### Great Smoky Mountains National

### ark(^^), TN-NC. (ii) Joyce Kilmer-Slickrock National Wilderness Area(NWA), TN-NC. t 

### (iii) Cohutta NationalWilderness Area, TN-GA. (iv) Linville Gorge National Wilderness Area, NC. (v) 

### Shining Rock NationalWilderness Area, NC. (vi) Sipsey NationalWilderness Area, AL. (vii) Mammoth Cave National Park, KY. (viii) Mingo NationalWilderness Area, 

### MO. 2. (Reserved) .- 

### 3. Class I! 

### areas inTennessee are those areas not already designated as mandatory Federal Class 1 

### areas. This corresponds toall areas of the State which are not part of Cohutta NWA or Great Smoky Mountains N.P., or Joyce Kilmer-Slickrock NationalWilderness Area(NWA). 

### (b) Review of major stationary sources and major modifications 

### - source applicability and exemptions. 1. 

### No stationary source or modification towhich 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 onvisibility 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 (withthermal 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 1200-3-11, Hazardous Air Contaminants. or Chapter 1200-3-31, Standards For Hazardous Air 7 

### Contaminants For Source Categories, or 

### 40 CFR Part 60and 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 

### betemporary (atwoyear period); and (11) 

### The emissions from the source would not exceed its allowable emissions; and The emissions from the source would impact novisibility protection area and no area where an applicable increment is knownto be violated; and Reasonable notice is given tothe 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 tothe Technical Secretary not less than 10 

### days in advance of the proposed relocation unless a different time duration is previously approved bythe 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 tothat pollutant, the source or modification is located in an area designated as attainment. 

### 6. The requirements of this part shall not apply toa major stationary source or major modification with respect to a particular pollutant, ifthe allowable emissions of that pollutant from the source, or the net emissions increase of that pollutant from the modification: 

### i Would impact no visibility protectionarea and 

### no area where an applicable increment is knownto 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 

### Iareas 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 notificationto 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 onthe application for a permit to construct. Such notification shall include an analysis of the proposed source's anticipated impacts onvisibility 

### in any visibility protectionPage 30of 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 30days 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 onvisibility 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 onvisibility 

### 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 68-201-105 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&* mhnW. Walton, D~rector Tennessee Air Pollution Control Division A roll-callvote of the Tennessee Air Pollution Control Board onthese 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 bythe ennessee Air Pollution Control Board onthe 

### rYkday 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 BusinessAffiliate of The TennesseeRessAssociation. 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 

### *** $4,307.45rules. 1

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## COMPLETENESS CRITERIA NUMBER 7



## CERTIFICATIONTHAT 

## THEPUBLIC HEARING WAS


## HELD 

## INACCORDANCE 

## WITH THE INFORMATION PROVIDED


## IN THEPUBLIC 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 onthe 30th day of December, 1993, and such notice of rulemaking hearing having been published inthe 14thday of January, 1994issue 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 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,jY

Attorney General and Reporter The rulemaking hearing rules set out herein were properly filed in the will become effective onthe 

# /c day of

r F Rilev C. Oarnell ~ecietar; of State By:

## PUBLIC 

## COMMENTSPHONE CALL 

### OOISCUSSION FIELOT RIP 

### OCONFERENCE RECORDOF COMMUNICATION

TO: / 

### /ENNES~S 

# Gd ~j OTHER (SPECIFY) (Record of item checkedabove) 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

tNFORMATIONCOPIES TO:

*EPA Farm13004 (7.72) REPLACES EPA HQ FORM 1300-3 WHICrI MAY BE USED UNTIL SUPPLY IS EXHAUSTED.