SS-7039 (July 2010) 1 RDA 1693

Department of State

Division of Publications

312 Rosa L. Parks Avenue, 8th Floor Snodgrass/TN 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:

Rule ID(s):

File Date:

Effective Date:

Rulemaking Hearing Rule(s) Filing Form

Rulemaking Hearing Rules are rules filed after and as a result of a rulemaking hearing. TCA Section 4-5-205

Agency/Board/Commission: Environment and Conservation

Division: Air Pollution Control

Contact Person: Lacey J. Hardin

Address: 9

th Floor L & C Annex

401 Church Street

Nashville, Tennessee 

Zip: 37243-1531

Phone: (615) 532-0545

Email: Lacey.Hardin@gov.tn

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

1200-03-09-.01 Construction Permits
SS-7039 (July 2010) 2 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 Permits

Amendments In Redline

Subpart (i) of part 24. of subparagraph (b) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is 

amended by adding a new item (XVII) as follows:

(XVII) PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide 

emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not 

to be a PM2.5 precursor under 40 CFR 51.166 and/or 40 CFR 51.165.

Part 47 of subparagraph (b) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is amended by deleting

the current subpart (i) and replacing it with a new subpart (i) so that, as amended, the new subpart shall read as 

follows:

(i) Any pollutant for which a national ambient air quality standard has been 

promulgated and any pollutant identified under this part as a constituent or 

precursor to such pollutant. Precursors identified by the Administrator for 

purposes of NSR are the following: 

(I) Volatile organic compounds and nitrogen oxides are precursors to ozone 

in all attainment and unclassifiable areas.

(II) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable 

areas.

(III) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment 

and unclassifiable areas, unless the State has demonstrated to the 

satisfaction of the EPA Administrator or EPA demonstrates that 

emissions of nitrogen oxides from sources in a specific area are not a 

significant contributor to that area’s ambient PM2.5 concentrations.

(IV) Volatile organic compounds are presumed not to be precursors to PM2.5

in any attainment or unclassifiable area, unless the State has 

demonstrated to the satisfaction of the EPA Administrator or EPA 

demonstrates that emissions of volatile organic compounds from sources 

in a specific area are not a significant contributor to that area’s ambient 

PM2.5 concentrations.

Part 47 of subparagraph (b) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is also amended by

adding a new subpart (vi) as follows:

(vi) Particulate matter (PM) emissions, PM2.5 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, 2011, such 

condensable particulate matter shall be accounted for in applicability 

determinations and in establishing emissions limitations for PM, PM2.5, and PM10
SS-7039 (July 2010) 3 RDA 1693

in PSD permits. Compliance with emissions limitations for PM, 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 

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.

Subpart (vi) of part 4 of subparagraph (c) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is 

amended by deleting the last sentence so that, as amended, the subpart shall read:

(vi) Hybrid test for projects that involve multiple types of emissions units. A 

significant emissions increase of a regulated NSR pollutant is projected to occur 

if the sum of the emissions increases for each emissions unit, using the method 

specified in subparts (c)4.(iii) through (iv) of this paragraph as applicable with 

respect to each emissions unit, for each type of emissions unit equals or exceeds 

the significant amount for that pollutant (as defined in part (b)24. of this 

paragraph).

Subpart (iv) of part 6 of subparagraph (d) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is 

amended by deleting the period at the end of the subpart and adding a semicolon (;) followed by the word “or” so 

that, as amended, the subpart shall read:

(iv) The existing air pollutant levels are conservatively estimated to be less than the 

concentrations listed in subpart (i) of this part, and a monitoring network may not 

reliably measure the predicted background concentrations; or

Part 6 of subparagraph (d) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is amended by adding a 

new subpart (v) as follows:

(v) The concentrations of the pollutant in the area that the source or modification 

would affect are less than the concentrations listed in subpart (d)6.(i) of this 

paragraph.

Item (I) of subpart (x) of part 1 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits 

is amended by adding a new subitem VII as follows:

VII PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide 

emissions; 40 tpy of nitrogen oxide emissions unless 

demonstrated not to be a PM2.5 precursor under 40 CFR 51.166 

and/or 40 CFR 51.165.

Subpart (xlix) of part 1 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits is 

amended by deleting item (III) and replacing it with a new item (III) and (IV) as follows:

(III) Any pollutant that is a constituent or precursor of a general pollutant 

listed under items 1.(xlix)(I) or (II) of this subparagraph, provided that a 

constituent or precursor pollutant may only be regulated under NSR as 

part of regulation of the general pollutant. Precursors for purposes of 

NSR are the following:

I Volatile organic compounds and nitrogen oxides are precursors 

to ozone in all ozone nonattainment areas.

II Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment 

areas.
SS-7039 (July 2010) 4 RDA 1693

III Nitrogen oxides are presumed to be precursors to PM2.5 in all 

PM2.5 nonattainment areas, unless the State demonstrates to the 

satisfaction of the EPA Administrator or EPA demonstrates that 

emissions of nitrogen oxides from sources in a specific area are 

not a significant contributor to that areas ambient PM2.5

concentrations.

IV Volatile organic compounds and ammonia are presumed not to 

be precursors to PM2.5 in any PM2.5 nonattainment area, unless 

the State demonstrates to the satisfaction of the EPA 

Administrator or EPA demonstrates that emissions of volatile 

organic compounds or ammonia from sources in a specific area 

are a significant contributor to that area’s ambient PM2.5

concentrations; or

(IV) PM2.5 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, 2011, such condensable 

particulate matter shall be accounted for in applicability determinations 

and in establishing emissions limitations for PM2.5 and PM10 in 

nonattainment major NSR permits. Compliance with emissions 

limitations for PM2.5 and PM10 issued prior to this date shall not shall not be 

based on condensable particulate matter unless required by the terms 

and conditions of the permit or the (Tennessee) State Implementation 

Plan. Applicability determinations made prior to this date without 

accounting for condensable particulate matter shall not be considered in 

violation of this rule unless the State Implementation Plan required 

condensable particulate matter to be included.

Subpart (v) of part 2 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits is 

amended by inserting a period after “Offsets”, adding language after the period, and adding a new item (XV) so 

that, as amended, the subpart shall read:

(v) Emissions Offsets. In meeting the emission offset requirements of this 

paragraph, the ratio of total actual emissions reductions to the emissions 

increase shall be at least 1:1 unless an alternative ratio is provided for the 

applicable nonattainment area in items (III), (IV) and (XIV) of this subpart.

(I) Prior to the issuance of a permit under this sub-part, legally enforceable 

emission offsets shall be obtained from the same source or other 

sources in the same non-attainment area, except that such emissions 

reduction may be obtained from a source in another non-attainment area 

if:

I. The other area has an equal or higher non-attainment 

classification than the area in which the source is located; and,

II. Emissions from such other area contribute to a violation of an air 

quality standard in the non-attainment area in which the 

proposed new or modified source would construct.

(II) By the time that the new or modified source commences operation, such 

reductions shall be in place such that the total tonnage of emissions of 

any applicable non-attainment air contaminant allowed from the 

proposed new source, or net emissions increase from the modification, 

shall be offset by an equal or greater reduction, as applicable, in the 

actual emissions of such air contaminant from the same or other 

sources.
SS-7039 (July 2010) 5 RDA 1693

(III) In meeting the requirements of item (v)(II) of the sub-part for ozone nonattainment areas that are subject to subpart 2, part D, title I of the Clean 

Air Act, the ratio of total actual emission reductions of Volatile Organic 

Compounds and/or Nitrogen Oxides to the net emissions increase of 

Volatile Organic Compounds and/or Nitrogen Oxides shall be as follows: 

I. In any Marginal non-attainment area for ozone - at least 1.1 to 1;

II. In any Moderate non-attainment area for ozone - at least 1.15 to 

1;

III. In any Serious non-attainment area for ozone - at least 1.2 to 1;

IV. In any Severe non-attainment area for ozone - at least 1.3 to 1;

V. In any Extreme non-attainment area for ozone - at least 1.5 to 1.

(IV) Within an ozone transport region that is subject to subpart 2, part D, title I 

of the Clean Air Act, for any area designated for ozone attainment, 

unclassified, or Marginal non-attainment, the ratio of total actual emission 

reductions of Volatile Organic Compounds and/or Nitrogen Oxides to net 

emissions increase of Volatile Organic Compounds and/or Nitrogen 

Oxides shall be at least 1.15 to 1.

(V) I. Emissions reductions achieved by shutting down an existing 

emission unit or curtailing production or operating hours may be 

generally credited for offsets if they meet the requirements in 

sections IA and B of this item.

A. Such reductions are surplus, permanent, quantifiable, 

and federally enforceable.

B. The shutdown or curtailment occurred after the last day 

of the base year for the SIP planning process. For 

purposes of this paragraph, the Technical Secretary may 

choose to consider a prior shutdown or curtailment to 

have occurred after the last day of the base year if the 

projected emissions inventory used to develop the 

attainment demonstration explicitly includes the 

emissions from such previously shutdown or curtailed 

emission units. However, in no event may credit be 

given for shutdowns that occurred before August 7, 

1977.

II. Emissions reductions achieved by shutting down an existing 

emissions unit or curtailing production or operating hours and 

that do not meet the requirements in section IB of this item may 

be generally credited only if:

A. The shutdown or curtailment occurred on or after the 

date the construction permit application is filed; or

B. The applicant can establish that the proposed new 

emissions unit is a replacement for the shutdown or 
SS-7039 (July 2010) 6 RDA 1693

curtailed emissions unit, and the emissions reductions 

achieved by the shutdown or curtailment met the 

requirements of section IA of this item.

(VI) With respect to a proposed increase in VOC emissions, no emissions 

credit shall be allowed for reductions in any organic compound 

specifically excluded from the definitions of “VOC” in this Division 1200-

3.

(VII) Credit for an emissions reduction may be claimed to the extent that the 

reduction has not been relied on in any permit already issued under 

regulations approved pursuant to 40 CFR Parts 51, 52, and 70,(July 1, 

1993) or the State has not relied on it in demonstrating attainment or 

reasonable further progress. Incidental emissions reductions which are 

not otherwise required under the federal Clean Air Act (As amended 

November 15, 1990) may be credible as emissions reductions for such 

purposes if such emissions reductions meet the applicable requirements 

of this part.

(VIII) Procedures relating to the permissible locations of offsetting emissions 

shall be followed which are at least as stringent as those set out in 40 

CFR Part 51, Appendix S, Section IV.D. (July 1, 1993 ).

(IX) Reserved.

(X) Reserved.

(XI) The total tonnage of increased emissions, in tons per year, resulting from 

a major modification that must be offset in accordance with section 173 

of the Federal Clean Air Act shall be determined by summing the 

difference between the allowable emissions after the modification (as 

defined by sub-part 1.(xi) of this subparagraph) and the actual emissions 

before the modification (as defined in sub-part 1.(xiii) of this 

subparagraph) for each emissions unit.

(XII) Where the emissions limit under this division 1200-03 allows greater 

emissions than the potential to emit of the source, emissions offset credit 

will be allowed only for control below this potential;

(XIII) For an existing fuel combustion source, credit shall be based on the 

allowable emissions under this division 1200-03 for the type of fuel being 

burned at the time the application to construct is filed. If the existing 

source commits to switch to a cleaner fuel at some future date, 

emissions offset credit based on the allowable (or actual) emissions for 

the fuels involved is not acceptable, unless the permit is conditioned to 

require the use of a specified alternative control measure which would 

achieve the same degree of emissions reduction should the source 

switch back to a dirtier fuel at some later date. The Technical Secretary 

shall ensure that adequate long-term supplies of the new fuel are 

available before granting emissions offset credit for fuel switches

(XIV) Within an ozone non-attainment area that is subject to subpart 1, part D, 

title I of the Clean Air Act (but is not subject to subpart 2, part D, title I of 

the Act, including 8-hour ozone non-attainment areas subject to 40 CFR 

51.902(b)), the ratio of total actual emissions reductions of either volatile 

organic compound or nitrogen oxides to the emissions increase of either 

volatile organic compounds or nitrogen oxides shall be at least 1:1.
SS-7039 (July 2010) 7 RDA 1693

(XV) In meeting the emissions offset requirements of this subpart for fine 

particulate matter (PM2.5), the emissions offsets obtained shall be for the 

same regulated NSR pollutant unless interprecursor trading is allowed in 

the approved State Implementation Plan (SIP) for the affected PM2.5

nonattainment area. For those nonattainment areas in which 

interprecursor trading is allowed by the approved SIP, the offset 

requirements for direct PM2.5 emissions or emissions of precursors of 

PM2.5 to may be satisfied by offsetting reductions in direct PM2.5

emissions or emissions of any PM2.5 precursor identified under item 

(b)1.(xlix)(III) of this paragraph if such offsets comply with the 

interprecursor trading hierarchy and ratio established in the approved 

SIP for the affected nonattainment area.

Subpart (xvii) of part 2 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits is 

amended by deleting the last sentence so the subpart reads as follows:

(xvii) Hybrid test for projects that involve multiple types of emissions units. A 

significant emissions increase of a regulated NSR pollutant is projected to occur 

if the sum of the emissions increases for each emissions unit, using the method 

specified in subparts 2.(xiv) through (xv) of this subparagraph as applicable with 

respect to each emissions unit, for each type of emissions unit equals or exceeds 

the significant amount for that pollutant (as defined in subpart 1.(x) of this 

subparagraph). 

Authority: T.C.A. §§68-201-105
SS-7039 (July 2010) 8 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

Dr. J. Ronald 

Bailey

Tracy R. Carter

Dr. Brian 

Christman

Dr. Wayne T. 

Davis

Dr. Mary English

Stephen R. 

Gossett

Honorable Mayor 

Tommy Green, Jr.

Dr. Shawn A. 

Hawkins

Helen S. Hennon

Richard M. 

Holland

John R. Roberts, 

Sr.

Alicia M. Wilson

Honorable Mayor 

Larry Waters

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

by the Air Pollution Control (board/commission/ other authority) on 12/08/2010 (mm/dd/yyyy), and is in 

compliance with the provisions of TCA 4-5-222.
SS-7039 (July 2010) 9 RDA 1693

I further certify the following:

Notice of Rulemaking Hearing filed with the Department of State on: (09/22/10)

Rulemaking Hearing(s) Conducted on: (add more dates). (11/17/10)

Date:

Signature:

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

Title of Officer: Technical Secretary

Subscribed and sworn 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. 

______________________________ 

Robert E. Cooper, Jr.

Attorney General and Reporter

______________________________

Date

Department of State Use Only

Filed with the Department of State on:

Effective on: 

______________________________

Tre Hargett

Secretary of State

Rm09-.01c9redline.doc
SS-7039 (July 2010) 10 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.

Commenter: The proposed revision to 1200-3-9-.01(5)(b)2(v)(XV) does not allow emissions of sulfur dioxide or 

nitrogen oxides (determined by EPA to be precursors to PM2.5) to be used as offsets for 

increases in direct PM 2.5 emissions as allowed by 40 CFR 51.165(a)(11). Eastman believes the 

SIP should include the option to offset direct PM 2.5 emissions with sulfur dioxide or nitrogen oxide 

emissions.

Response: The Division has revised the proposed rule as follows: In meeting the emissions offset 

requirements of this subpart for fine particulate matter (PM2.5), the emissions offsets obtained 

shall be for the same regulated NSR pollutant unless interprecursor trading is allowed in the 

approved State Implementation Plan (SIP) for the affected PM2.5 nonattainment area. For those 

nonattainment areas in which interprecursor trading is allowed by the approveed SIP, the offset 

requirements for direct PM2.5 emissions or emissions of precursors of PM2.5 to may be satisfied by 

offsetting reductions in direct PM2.5 emissions or emissions of any PM2.5 precursor identified 

under item (b)1.(xlix)(III) of this paragraph if such offsets comply with the interprecursor trading 

hierarchy and ratio established in the approved SIP for the affected nonattainment area.

Commenter: On Page 23, item (i)(IV) for the definition of "regulated NSR pollutant", in the last sentence -

"...specific area are not a significant contributor..." please revise the sentence so it reads, 

“...specific area are a significant contributor..."

Response: This change has been made.

Commenter: The new items (4)(b)24.(i)(XVII) and (5)(b)1.(x)(I)VII on pages 15 and 60 respectively, 

reference “40 CFR 51.166 and/or 40 CFR 51.165.” We suggest referencing Tennessee’s 

corresponding provision for attainment and nonattainment areas as follows: (XVII)PM2.5: 10 

tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide 

emissions unless demonstrated not to be a PM2.5 precursor under 40 CFR 51.166 and/or 40 

CFR 51.165 47.(i)(III) of this subparagraph (b). (VII) PM2.5: 10 tpy of direct PM2.5

emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless 

demonstrated not to be a PM2.5 precursor under 40 CFR 51.166 and/or 40 CFR 51.165

1.(xlix)(III)III of this subparagraph (b).

Response: These changes have been made.

Commenter: In the Notice of Proposed rulemaking, (bottom of page 4) it states “Subpart (xlix) of part 1 of 

subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits is amended 

by deleting item (III) and replacing it with a new item (III) as follows:.” Please note that a new 

item (IV) was also added.

Response: This was noted at the public hearing.
SS-7039 (July 2010) 11 RDA 1693

Commenter: On Page 72, item (5)(b)1.(xlix)(III)III, for the definition of "regulated NSR pollutant” bottom of the 

page, please correct the typographical error by changing the second use of the word “areas” to 

the possessive form "area's".

Response: Corrected.

Commenter: On Page 72, item (IV) for the definition of "regulated NSR pollutant", please correct the 

typographical error by deleting the duplicate "shall not" in the sentence that begins with 

"Compliance with emissions..."

Response: Corrected.

:

Commenter: The Chamber supports the comments submitted by Eastman Chemical Company dated 

November 3, 2010.

Response: See the response to the comments from Eastman Chemical Company.
SS-7039 (July 2010) 12 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.

Small businesses considered to be minor sources under the New Source Review regulations in this chapter will 

not be impacted by these revisions.
SS-7039 (July 2010) 13 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 1070 

(http://state.tn.us/sos/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly) 

Most local government sources are considered to be minor sources under the New Source Review regulations in 

this chapter and will not be impacted by these revisions. If a local government source is considered major under 

these provisions, minimal impact is anticipated.
SS-7039 (July 2010) 14 RDA 1693

Additional Information Required by Joint Government Operations Committee

All agencies, upon filing a rule, must also submit the following pursuant to TCA 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;

This rule amendment incorporates the changes required by the United States Environmental Protection Agency 

to insure that Tennessee can attain and maintain the National Ambient Air Quality Standards for fine particulate 

matter (PM2.5). The PM2.5 Implementation Rule was promulgated by the EPA on May 16, 2008. This amendment 

defines PM2.5 precursor and establishes offset requirements for major sources of PM2.5 that wish to construct or 

modify their sources in a non-attainment area.

(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 51.165(a)(2)(i) and (ii) and 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 Register on May 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;

Owners and operators of major sources of air pollution are affected by this rule. Comments received were 

addressed to the satisfaction of the commenters.

(D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to 

the rule;

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;

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

Department of Environment and conservation
SS-7039 (July 2010) 15 RDA 1693

(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

Office of General Counsel

Department of Environment and conservation

20th Floor L & C Tower

Nashville, Tennessee 37243-1548

(615) 532-0131

(I) Any additional information relevant to the rule proposed for continuation that the committee requests.

The Department is not aware of any.
SS-7039 (July 2010) 1 RDA 1693

Department of State

Division of Publications

312 Rosa L. Parks Avenue, 8th Floor Snodgrass/TN 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:

Rule ID(s):

File Date:

Effective Date:

Rulemaking Hearing Rule(s) Filing Form

Rulemaking Hearing Rules are rules filed after and as a result of a rulemaking hearing. TCA Section 4-5-205

Agency/Board/Commission: Environment and Conservation

Division: Air Pollution Control

Contact Person: Lacey J. Hardin

Address: 9

th Floor L & C Annex

401 Church Street

Nashville, Tennessee 

Zip: 37243-1531

Phone: (615) 532-0545

Email: Lacey.Hardin@gov.tn

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

1200-03-09-.01 Construction Permits
SS-7039 (July 2010) 2 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 Permits

Amendments

Subpart (i) of part 24. of subparagraph (b) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is 

amended by adding a new item (XVII) as follows:

(XVII) PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide 

emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not 

to be a PM2.5 precursor under 40 CFR 51.166 and/or 40 CFR 51.165.

Part 47 of subparagraph (b) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is amended by deleting

the current subpart (i) and replacing it with a new subpart (i) so that, as amended, the new subpart shall read as 

follows:

(i) Any pollutant for which a national ambient air quality standard has been 

promulgated and any pollutant identified under this part as a constituent or 

precursor to such pollutant. Precursors identified by the Administrator for 

purposes of NSR are the following: 

(I) Volatile organic compounds and nitrogen oxides are precursors to ozone 

in all attainment and unclassifiable areas.

(II) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable 

areas.

(III) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment 

and unclassifiable areas, unless the State has demonstrated to the 

satisfaction of the EPA Administrator or EPA demonstrates that 

emissions of nitrogen oxides from sources in a specific area are not a 

significant contributor to that area’s ambient PM2.5 concentrations.

(IV) Volatile organic compounds are presumed not to be precursors to PM2.5

in any attainment or unclassifiable area, unless the State has 

demonstrated to the satisfaction of the EPA Administrator or EPA 

demonstrates that emissions of volatile organic compounds from sources 

in a specific area are not a significant contributor to that area’s ambient 

PM2.5 concentrations.

Part 47 of subparagraph (b) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is also amended by 

adding a new subpart (vi) as follows:

(vi) Particulate matter (PM) emissions, PM2.5 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, 2011, such 

condensable particulate matter shall be accounted for in applicability 

determinations and in establishing emissions limitations for PM, PM2.5, and PM10

in PSD permits. Compliance with emissions limitations for PM, PM2.5, and PM10

issued prior to this date shall not be based on condensable particulate matter 
SS-7039 (July 2010) 3 RDA 1693

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.

Subpart (vi) of part 4 of subparagraph (c) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is 

amended by deleting the last sentence so that, as amended, the subpart shall read:

(vi) Hybrid test for projects that involve multiple types of emissions units. A 

significant emissions increase of a regulated NSR pollutant is projected to occur 

if the sum of the emissions increases for each emissions unit, using the method 

specified in subparts (c)4.(iii) through (iv) of this paragraph as applicable with 

respect to each emissions unit, for each type of emissions unit equals or exceeds 

the significant amount for that pollutant (as defined in part (b)24. of this 

paragraph).

Subpart (iv) of part 6 of subparagraph (d) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is 

amended by deleting the period at the end of the subpart and adding a semicolon (;) followed by the word “or” so 

that, as amended, the subpart shall read:

(iv) The existing air pollutant levels are conservatively estimated to be less than the 

concentrations listed in subpart (i) of this part, and a monitoring network may not 

reliably measure the predicted background concentrations; or

Part 6 of subparagraph (d) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is amended by adding a 

new subpart (v) as follows:

(v) The concentrations of the pollutant in the area that the source or modification 

would affect are less than the concentrations listed in subpart (d)6.(i) of this 

paragraph.

Item (I) of subpart (x) of part 1 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits 

is amended by adding a new subitem VII as follows:

VII PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide 

emissions; 40 tpy of nitrogen oxide emissions unless 

demonstrated not to be a PM2.5 precursor under 40 CFR 51.166 

and/or 40 CFR 51.165.

Subpart (xlix) of part 1 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits is 

amended by deleting item (III) and replacing it with a new item (III) and (IV) as follows:

(III) Any pollutant that is a constituent or precursor of a general pollutant 

listed under items 1.(xlix)(I) or (II) of this subparagraph, provided that a 

constituent or precursor pollutant may only be regulated under NSR as 

part of regulation of the general pollutant. Precursors for purposes of 

NSR are the following:

I Volatile organic compounds and nitrogen oxides are precursors 

to ozone in all ozone nonattainment areas.

II Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment 

areas.

III Nitrogen oxides are presumed to be precursors to PM2.5 in all 

PM2.5 nonattainment areas, unless the State demonstrates to the 

satisfaction of the EPA Administrator or EPA demonstrates that 
SS-7039 (July 2010) 4 RDA 1693

emissions of nitrogen oxides from sources in a specific area are 

not a significant contributor to that areas ambient PM2.5

concentrations.

IV Volatile organic compounds and ammonia are presumed not to 

be precursors to PM2.5 in any PM2.5 nonattainment area, unless 

the State demonstrates to the satisfaction of the EPA 

Administrator or EPA demonstrates that emissions of volatile 

organic compounds or ammonia from sources in a specific area 

are a significant contributor to that area’s ambient PM2.5

concentrations; or

(IV) PM2.5 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, 2011, such condensable 

particulate matter shall be accounted for in applicability determinations 

and in establishing emissions limitations for PM2.5 and PM10 in 

nonattainment major NSR permits. Compliance with emissions 

limitations for PM2.5 and PM10 issued prior to this date shall not shall not be 

based on condensable particulate matter unless required by the terms 

and conditions of the permit or the (Tennessee) State Implementation 

Plan. Applicability determinations made prior to this date without 

accounting for condensable particulate matter shall not be considered in 

violation of this rule unless the State Implementation Plan required 

condensable particulate matter to be included.

Subpart (v) of part 2 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits is 

amended by inserting a period after “Offsets”, adding language after the period, and adding a new item (XV) so 

that, as amended, the subpart shall read:

(v) Emissions Offsets. In meeting the emission offset requirements of this 

paragraph, the ratio of total actual emissions reductions to the emissions 

increase shall be at least 1:1 unless an alternative ratio is provided for the 

applicable nonattainment area in items (III), (IV) and (XIV) of this subpart.

(I) Prior to the issuance of a permit under this sub-part, legally enforceable 

emission offsets shall be obtained from the same source or other 

sources in the same non-attainment area, except that such emissions 

reduction may be obtained from a source in another non-attainment area 

if:

I. The other area has an equal or higher non-attainment 

classification than the area in which the source is located; and,

II. Emissions from such other area contribute to a violation of an air 

quality standard in the non-attainment area in which the 

proposed new or modified source would construct.

(II) By the time that the new or modified source commences operation, such 

reductions shall be in place such that the total tonnage of emissions of 

any applicable non-attainment air contaminant allowed from the 

proposed new source, or net emissions increase from the modification, 

shall be offset by an equal or greater reduction, as applicable, in the 

actual emissions of such air contaminant from the same or other 

sources.

(III) In meeting the requirements of item (v)(II) of the sub-part for ozone nonattainment areas that are subject to subpart 2, part D, title I of the Clean 
SS-7039 (July 2010) 5 RDA 1693

Air Act, the ratio of total actual emission reductions of Volatile Organic 

Compounds and/or Nitrogen Oxides to the net emissions increase of 

Volatile Organic Compounds and/or Nitrogen Oxides shall be as follows: 

I. In any Marginal non-attainment area for ozone - at least 1.1 to 1;

II. In any Moderate non-attainment area for ozone - at least 1.15 to 

1;

III. In any Serious non-attainment area for ozone - at least 1.2 to 1;

IV. In any Severe non-attainment area for ozone - at least 1.3 to 1;

V. In any Extreme non-attainment area for ozone - at least 1.5 to 1.

(IV) Within an ozone transport region that is subject to subpart 2, part D, title I 

of the Clean Air Act, for any area designated for ozone attainment, 

unclassified, or Marginal non-attainment, the ratio of total actual emission 

reductions of Volatile Organic Compounds and/or Nitrogen Oxides to net 

emissions increase of Volatile Organic Compounds and/or Nitrogen 

Oxides shall be at least 1.15 to 1.

(V) I. Emissions reductions achieved by shutting down an existing 

emission unit or curtailing production or operating hours may be 

generally credited for offsets if they meet the requirements in 

sections IA and B of this item.

A. Such reductions are surplus, permanent, quantifiable, 

and federally enforceable.

B. The shutdown or curtailment occurred after the last day 

of the base year for the SIP planning process. For 

purposes of this paragraph, the Technical Secretary may 

choose to consider a prior shutdown or curtailment to 

have occurred after the last day of the base year if the 

projected emissions inventory used to develop the 

attainment demonstration explicitly includes the 

emissions from such previously shutdown or curtailed 

emission units. However, in no event may credit be 

given for shutdowns that occurred before August 7, 

1977.

II. Emissions reductions achieved by shutting down an existing 

emissions unit or curtailing production or operating hours and 

that do not meet the requirements in section IB of this item may 

be generally credited only if:

A. The shutdown or curtailment occurred on or after the 

date the construction permit application is filed; or

B. The applicant can establish that the proposed new 

emissions unit is a replacement for the shutdown or 

curtailed emissions unit, and the emissions reductions 

achieved by the shutdown or curtailment met the 

requirements of section IA of this item.
SS-7039 (July 2010) 6 RDA 1693

(VI) With respect to a proposed increase in VOC emissions, no emissions 

credit shall be allowed for reductions in any organic compound 

specifically excluded from the definitions of “VOC” in this Division 1200-

3.

(VII) Credit for an emissions reduction may be claimed to the extent that the 

reduction has not been relied on in any permit already issued under 

regulations approved pursuant to 40 CFR Parts 51, 52, and 70,(July 1, 

1993) or the State has not relied on it in demonstrating attainment or 

reasonable further progress. Incidental emissions reductions which are 

not otherwise required under the federal Clean Air Act (As amended 

November 15, 1990) may be credible as emissions reductions for such 

purposes if such emissions reductions meet the applicable requirements 

of this part.

(VIII) Procedures relating to the permissible locations of offsetting emissions 

shall be followed which are at least as stringent as those set out in 40 

CFR Part 51, Appendix S, Section IV.D. (July 1, 1993 ).

(IX) Reserved.

(X) Reserved.

(XI) The total tonnage of increased emissions, in tons per year, resulting from 

a major modification that must be offset in accordance with section 173 

of the Federal Clean Air Act shall be determined by summing the 

difference between the allowable emissions after the modification (as 

defined by sub-part 1.(xi) of this subparagraph) and the actual emissions 

before the modification (as defined in sub-part 1.(xiii) of this 

subparagraph) for each emissions unit.

(XII) Where the emissions limit under this division 1200-03 allows greater 

emissions than the potential to emit of the source, emissions offset credit 

will be allowed only for control below this potential;

(XIII) For an existing fuel combustion source, credit shall be based on the 

allowable emissions under this division 1200-03 for the type of fuel being 

burned at the time the application to construct is filed. If the existing 

source commits to switch to a cleaner fuel at some future date, 

emissions offset credit based on the allowable (or actual) emissions for 

the fuels involved is not acceptable, unless the permit is conditioned to 

require the use of a specified alternative control measure which would 

achieve the same degree of emissions reduction should the source 

switch back to a dirtier fuel at some later date. The Technical Secretary 

shall ensure that adequate long-term supplies of the new fuel are 

available before granting emissions offset credit for fuel switches

(XIV) Within an ozone non-attainment area that is subject to subpart 1, part D, 

title I of the Clean Air Act (but is not subject to subpart 2, part D, title I of 

the Act, including 8-hour ozone non-attainment areas subject to 40 CFR 

51.902(b)), the ratio of total actual emissions reductions of either volatile 

organic compound or nitrogen oxides to the emissions increase of either 

volatile organic compounds or nitrogen oxides shall be at least 1:1.

(XV) In meeting the emissions offset requirements of this subpart for fine 

particulate matter (PM2.5), the emissions offsets obtained shall be for the 

same regulated NSR pollutant unless interprecursor trading is allowed in 

the approved State Implementation Plan (SIP) for the affected PM2.5
SS-7039 (July 2010) 7 RDA 1693

nonattainment area. For those nonattainment areas in which 

interprecursor trading is allowed by the approved SIP, the offset 

requirements for direct PM2.5 emissions or emissions of precursors of 

PM2.5 to may be satisfied by offsetting reductions in direct PM2.5

emissions or emissions of any PM2.5 precursor identified under item 

(b)1.(xlix)(III) of this paragraph if such offsets comply with the 

interprecursor trading hierarchy and ratio established in the approved 

SIP for the affected nonattainment area.

Subpart (xvii) of part 2 of subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits is 

amended by deleting the last sentence so the subpart reads as follows:

(xvii) Hybrid test for projects that involve multiple types of emissions units. A 

significant emissions increase of a regulated NSR pollutant is projected to occur 

if the sum of the emissions increases for each emissions unit, using the method 

specified in subparts 2.(xiv) through (xv) of this subparagraph as applicable with 

respect to each emissions unit, for each type of emissions unit equals or exceeds 

the significant amount for that pollutant (as defined in subpart 1.(x) of this 

subparagraph). 

Authority: T.C.A. §§68-201-105
SS-7039 (July 2010) 8 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

Dr. J. Ronald 

Bailey

Tracy R. Carter

Dr. Brian 

Christman

Dr. Wayne T. 

Davis

Dr. Mary English

Stephen R. 

Gossett

Honorable Mayor 

Tommy Green, Jr.

Dr. Shawn A. 

Hawkins

Helen S. Hennon

Richard M. 

Holland

John R. Roberts, 

Sr.

Alicia M. Wilson

Honorable Mayor 

Larry Waters

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

by the Air Pollution Control (board/commission/ other authority) on 12/08/2010 (mm/dd/yyyy), and is in 

compliance with the provisions of TCA 4-5-222.
SS-7039 (July 2010) 9 RDA 1693

I further certify the following: 

Notice of Rulemaking Hearing filed with the Department of State on: (09/22/10)

Rulemaking Hearing(s) Conducted on: (add more dates). (11/17/10)

Date:

Signature:

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

Title of Officer: Technical Secretary

Subscribed and sworn 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. 

______________________________ 

Robert E. Cooper, Jr.

Attorney General and Reporter

______________________________

Date

Department of State Use Only

Filed with the Department of State on:

Effective on: 

______________________________

Tre Hargett

Secretary of State

Rm09-.01c9.doc
SS-7039 (July 2010) 10 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.

Commenter: The proposed revision to 1200-3-9-.01(5)(b)2(v)(XV) does not allow emissions of sulfur dioxide or 

nitrogen oxides (determined by EPA to be precursors to PM2.5) to be used as offsets for 

increases in direct PM 2.5 emissions as allowed by 40 CFR 51.165(a)(11). Eastman believes the 

SIP should include the option to offset direct PM 2.5 emissions with sulfur dioxide or nitrogen oxide 

emissions.

Response: The Division has revised the proposed rule as follows: In meeting the emissions offset 

requirements of this subpart for fine particulate matter (PM2.5), the emissions offsets obtained 

shall be for the same regulated NSR pollutant unless interprecursor trading is allowed in the 

approved State Implementation Plan (SIP) for the affected PM2.5 nonattainment area. For those 

nonattainment areas in which interprecursor trading is allowed by the approveed SIP, the offset 

requirements for direct PM2.5 emissions or emissions of precursors of PM2.5 to may be satisfied by 

offsetting reductions in direct PM2.5 emissions or emissions of any PM2.5 precursor identified 

under item (b)1.(xlix)(III) of this paragraph if such offsets comply with the interprecursor trading 

hierarchy and ratio established in the approved SIP for the affected nonattainment area.

Commenter: On Page 23, item (i)(IV) for the definition of "regulated NSR pollutant", in the last sentence -

"...specific area are not a significant contributor..." please revise the sentence so it reads, 

“...specific area are a significant contributor..."

Response: This change has been made.

Commenter: The new items (4)(b)24.(i)(XVII) and (5)(b)1.(x)(I)VII on pages 15 and 60 respectively, 

reference “40 CFR 51.166 and/or 40 CFR 51.165.” We suggest referencing Tennessee’s 

corresponding provision for attainment and nonattainment areas as follows: (XVII)PM2.5: 10 

tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide 

emissions unless demonstrated not to be a PM2.5 precursor under 40 CFR 51.166 and/or 40 

CFR 51.165 47.(i)(III) of this subparagraph (b). (VII) PM2.5: 10 tpy of direct PM2.5

emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless 

demonstrated not to be a PM2.5 precursor under 40 CFR 51.166 and/or 40 CFR 51.165

1.(xlix)(III)III of this subparagraph (b).

Response: These changes have been made.

Commenter: In the Notice of Proposed rulemaking, (bottom of page 4) it states “Subpart (xlix) of part 1 of 

subparagraph (b) of paragraph (5) of rule 1200-03-09-.01 Construction Permits is amended 

by deleting item (III) and replacing it with a new item (III) as follows:.” Please note that a new 

item (IV) was also added.

Response: This was noted at the public hearing.
SS-7039 (July 2010) 11 RDA 1693

Commenter: On Page 72, item (5)(b)1.(xlix)(III)III, for the definition of "regulated NSR pollutant” bottom of the 

page, please correct the typographical error by changing the second use of the word “areas” to 

the possessive form "area's".

Response: Corrected.

Commenter: On Page 72, item (IV) for the definition of "regulated NSR pollutant", please correct the 

typographical error by deleting the duplicate "shall not" in the sentence that begins with 

"Compliance with emissions..."

Response: Corrected.

:

Commenter: The Chamber supports the comments submitted by Eastman Chemical Company dated 

November 3, 2010.

Response: See the response to the comments from Eastman Chemical Company.
SS-7039 (July 2010) 12 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.

Small businesses considered to be minor sources under the New Source Review regulations in this chapter will 

not be impacted by these revisions.
SS-7039 (July 2010) 13 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 1070 

(http://state.tn.us/sos/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly) 

Most local government sources are considered to be minor sources under the New Source Review regulations in 

this chapter and will not be impacted by these revisions. If a local government source is considered major under 

these provisions, minimal impact is anticipated.
SS-7039 (July 2010) 14 RDA 1693

Additional Information Required by Joint Government Operations Committee

All agencies, upon filing a rule, must also submit the following pursuant to TCA 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;

This rule amendment incorporates the changes required by the United States Environmental Protection Agency 

to insure that Tennessee can attain and maintain the National Ambient Air Quality Standards for fine particulate 

matter (PM2.5). The PM2.5 Implementation Rule was promulgated by the EPA on May 16, 2008. This amendment 

defines PM2.5 precursor and establishes offset requirements for major sources of PM2.5 that wish to construct or 

modify their sources in a non-attainment area.

(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 51.165(a)(2)(i) and (ii) and 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 Register on May 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;

Owners and operators of major sources of air pollution are affected by this rule. Comments received were 

addressed to the satisfaction of the commenters.

(D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to 

the rule;

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;

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

Department of Environment and conservation
SS-7039 (July 2010) 15 RDA 1693

(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

Office of General Counsel

Department of Environment and conservation

20th Floor L & C Tower

Nashville, Tennessee 37243-1548

(615) 532-0131

(I) Any additional information relevant to the rule proposed for continuation that the committee requests.

The Department is not aware of any.