OFFICE OF COUNTY MAYQB 'I +, ,F-

I/ ti Air QualityManagement "'i 140DameronAvenue,Knoxville,TN 37917



### ..

## ~~4 November22,2010
Ms. Gwen Keys Fleming, RegionalAdministrator U.S. EPA, Region IV Atlanta FederalCenter, 12'~ Floor 61 Fors.yth Street, S.W. Atlanta, GA 30303 Dear Ms. Fleming: Knox County DepartmentofAir Quality Managementhas received acopyofa letter from the School of Law, Washington University, St. Louis, Missouri, dated November 8, 2010, on behalf of the Sierra Club. This letter contained comments submitted in response to EPA's proposed redesignation of the Knoxville area as attainment for the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS), and approval of a maintenance planfor the area. Knox County contends that the Sierra Club's comments are not relevant to Knoxville's attainment demonstrationforthe 1997ozone NAAQS.We aresubmittinga response per request of EPAto clarifytwo issues addressed inthe November8thletter cited above. Page 10 of that letter references Knox County Department of Air Quality Management(KCDAQM) Regulations34.1 (A)and(C). Regulation34does nothavea 1

.A or I.C. Based on the content of the statement made, Iam guessing that the commenter might have been referencing Regulation 34.4 (1) (a) and (c), ! 

### hrve attached 

### a copy of the entire Regulation 34, Malfunction of Equipment, for your perusal. Regulation 34.4 (1) (a), Logs and Reports, requires the minimum information requiredfor logsofallmalfunctions, startups, and shutdowns resultinginemissions inexcess ofthe standards contained intheentire bodyofthe KCDAQM Regulations or issued permit. The commenter further states their belief that the KCDAQM regulations "should be amendedtoclarify that compliancewith itsterms

# -giving immediate notice and providing a report 

## - does not affect the fact that excess emissions violate the Regulations." Infact, Regulation 34.8 states "Nothing inthis section shall beconstruedtoallowthe aircontaminant sourcetoviolate the ambient air quality standards nor limitthe authority of the Director andlor boardto institute actions under other sections of these regulations."

phone 865.215.5900 fax 865.215.5902 aqm@aqm.co.knox.tn.usContinuing on page 10, the commenterfurther requests clarificationon "the effect ofanadministrative determinationoncitizensuits". EPAisgranted oversight and enforcement abilities through the Clean Air Act (CAA) Section 113 and no decision bythe KCDAQM Director limits EPA's authoritytotake enforcement action for violations of the CAA. The authority of citizens to bring enforcement suits is guaranteed by CAA Section 304. Therefore, the comments submitted on behalf of the Sierra Club are of no relevancetothe 19978-hour ozone NAAQS redesignation requestsubmitted bythe KCDAQM and TN DivisionofAir Pollution Control and we request the issuance of that designation as soon as possible. If

you have anyquestions,orshould you require additional information, please contact me at 8651215-5914. Sincerely,

Enclosure Cc: Barry Stephens

### 32.0 

## USE OF EVIDENCE

General A. 

### Any evidence, finding, fact, or other actions resulting from a violation of these regulations or orders issued pursuant thereto shall inure solely to and shall be 

### for the benefit of the public generally. 

### B. These regulations are not intended to create in any way or to enlarge or affect 

### in any way any private right. C. A 

### determination that there has been 

### a violation of these regulations or orders issued pursuant thereto shall not be used 

### in any lawsuit brought by 

### any private citizen.

### 34.0 MALFUNCTION OFEQUIPMENT

34.1 Purpose The purpose of this section is to place reasonable limits on the amount of emissions an air contaminant source can emit dueto startup, shutdown, or malfunctionof said source. These limitations are required to protect public health and welfare, and to maintain ambient air quality standards. 34.2 Reasonable Measures Required Air contaminant sources must take all reasonable measures to keep emissions to a minimum during startups, shutdowns or malfunctions. These measures may include installation and use of alternate control systems, changes in operating methods or procedures, cessation of operation until the process equipment and/or air pollution control equipment is repaired, maintaining sufficient spare parts, use of overtime labor, use of outside consultants and contractors, and other appropriate means. Failures that are caused by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdowns shall not be considered malfunctions.

34.3 Notice Required when Malfunctions Occurs 

### j When any air contaminant source malfunctions in such a manner as to cause the emission of air contaminants 

### in excess of the applicable emission standards contained in the Knox County Department ofAir Quality Management Regulations or any permit issued thereto, or of sufficient duration to cause damage to property or public health, the owner or operator ofthe air contaminant source shall promptly notify the Knox County Department of Air Quality Management of such malfunction and provide a statement giving all pertinent facts, including the duration of the malfunction. Violations of the visible emission standard (excluding visible emissions caused by hazardous air pollutants as named in Section 35.0ofthese regulations) which occur for less than 20 minutes in one day (midnight to midnight) need not be reported. Prompt notification will be within 24 hours of the malfunction and shall be provided by telephone to the Knox County Department of Air Quality Management office. The Director shallbe notified when the malfunction has been corrected. In attainment and unclassified areas, if emissions other than from sources designated as significantly impacting a nonattainment area in excess of the standards will not and do not occur over more than a 24-hour period (or will not recur over more than a 24-hour period) and no damage to property and or public health is anticipated, notification is not required. Any malfunction that creates an imminent hazard to health must be reported immediately to the Department and to the State Civil Defense.

- -34.4 Logs and Reports (I) (a) A log of all malfunctions, startups, and shutdowns resulting in emissions excess of standards in KCDAQM Regulations or permit issued thereto must be kept at the facility. This log must include, as a minimum: 1. Stack or emission point involved;

- 2. Time malfunction, startup, or shutdown began and/or when first noticed; 3. Type ofmalfunction and/or reason for shutdown;

. -- 4. Time startup or shutdownwas complete or time the air contaminant source returned to normal operation; and

' ,- 5. The company employee making entry on the log must sign, date, and indicate the time of each log entry. (b) The information under pats (a)l and 2 ofthis section must be entered intothe log by the end of the shift during which the malfunction or startup began. (c) All information shallbe entered in the log no later than 24 hours after startup or shutdown is complete, or malfunction has ceased or has been corrected. (d) Any later discovered corrections

### can be added in the log as footnoteswith the reason for the change denoted. (11) The owner or operator of all sources located in a nonattainment area or having significantimpact on air quality in a nonattainment area (for pollutant designated) must submit a report to the Director within 30 days after the end of each calendar quarter listing the times at which malfunctions, startups, andlor shutdowns, which resulted in emissions greater than any applicable emissions limits and the estimated amounts of emissions discharged during such times. This report shall also include total emissions during the quarter and be reported in a format designatedby the Director. If these emissions are required to be reported under Section 26.0 or Section40.0 ofthese regulations,then the reporting requirements of this paragraph are waived.I 34.5 Copies of Log Required The Director may require the owner or operator of any air contaminant sourceto submit a copy ofthe log required under subsection34.4to him/her within ten(l0) days after the request is received. The Director can require copies ofthe entire log. 34.6 Report Required upon the issuance of a Notice of Violation (I)

### In the event excess emissions are emittedfiom any air contaminant source, a notice of violation shall automatically be issued except for visible emission levels included as a routine startup and/or shutdown permit condition which are necessary or unavoidable, or determined to be deminimis under this rule 34.6. (11) The owner or operator of the violating air contaminant source shall submit within 20 days after receipt ofthe notice of violation, the data required in paragraph (111) ofthis subsection to assist the Director in deciding whether to excuse or validate the violation. If the data required under said paragraph has previously been available to the Director prior to the issuanceofthenotice of violation no further action is required of the violating source. However if the source desires to submit additional information,then this shallbe submitted within the 20 day time period. (111) Each report required in paragraph (11) of this subsection shall include, as a minimum: (a) The identity of the stack and/or other emission point where the excess emission(s) occurred; (b) The magnitude ofthe excess emissions expressed in pounds per hour and the units of the applicable emission limitation and the operating data and calculations used in determining the magnitude of the excess emissions. (c) The time and duration of the emissions; (d) The nature and cause of such emissions; (e) For malfunctions. The steps taken to correct the situation and the action taken or planned to prevent the recurrence of such malfunctions; (f) The steps taken to limit the excess emissions during the occurrence reported; and

-(g) If applicable, documentationthat the air pollution control equipment, process equipment, or processes were at all times maintained and operated in 

### a manner consistent with good operating practices for minimizing emissions. (IV) Failure to submit the report required in paragraph (111) within the 

### 20 day period specified in paragraph (11) shall preclude the admissibility of the data for consideration of excusalfor malfunctions,and for any air contaminant source not having startup or shutdown levels 

### as a permit condition. (V) Where the violations are determined from properly certified and operated continuous emission monitors, no notice of violation(s) will be automatically issued unless the specified de minirnis levels are exceeded:
Source Type

,ff.:.i& :+, ;*? - dp, FS M, -*%*-t*r-.. ~{cc

.

### ,.. . .

### .- ------ (a) Fuel Burnlng Installat~onsthat would be subject m Tennessee D~v~s~on of Au Pollution Control(TDAF'C) Regulat~ons Chapter 1200-3-5- 01 or 1200-3-5- 05 and havlng fuel burnlng equrpment of Input capaclty greater than 600x lo6BTUlhr (b) Fuel burning installations that would be subject to TDAPC Regulations 1200-3-5-.05, 1200-3-5-.lo,or 1200-3-6-.05 (c) Fuel burning installations that would be subject to TDAPC Regulations 1200-3-6.02, or 1200-3-16-.59

(d) Kraft Recovery Furnaces that would be subject to either TDAPC Regulations 1200-3-5- .09 or 1200-3-16-.29 (e) Kraft Recovery Furnaces that would be subject to either TDAPC Regulat~ons1200-3-7- .07or 1200-3-16-.29 (0 Lime K~lns that would be subjectto TDAPC Regulations 1200-3-7-.07(4) (g) SulfuricAcid Plants that would be subject to TDAPC Regulations 1200-3-16-.06 and Liquid Sulfur Dioxide Plants that would be subject to TDAPC 1200-3-19-. 19. (h)PrimaryZinc Smelters that would be subject to TDAPC Regulations 1200-3-16-.24
(i) Electric Arc Furnaces that would be subject to TDAPC Regulations 1200-3-16-.26 0) Sulfur Dioxide Abatement System Serving De Minimis Pollutant Monitored kTy::?': y --T>r -- Opac~ty

Sulfur Dioxide Opacity

Opacity

Sulfur Dioxide
Opacity

Total Reduced Sulfur

Total reduced Sulfur

Sulfur Dioxide

Sulfur Dioxide De Minimis Level

- - Two percent of the tune dur~ng calendar quarter (exclud~ng per~odsof permtted startup or shutdown and excused malfunct~ons)so long as no more than one 24 -hour exceedance per calendar year takes place

One 24-hour exceedance per calendar year. One percent of the time during calendar quarter (excluding periods of permitted startup or shutdown and excused malfunctions) so long as no more than one 24 -hour exceedance per calendar year takes place. One percent of the time during calendar quarter (excluding periods of permitted startup or shutdown and excused malfunctions) so long as no more than one 24 -hour exceedance per calendar year takes place. One 3-hour exceedance per year andlor one 24-hour exceedanceper year (applicableto sources having three hour standard only) Sixpercentoftbe time(excluding periods ofpermitted startup or shutdown and excused malfunctions) so long as no more than one 24-hour exceedance per calendar year. One percent of the time during calendar quarter (excluding penods oi permitted startup or shutdown and excused malfunctions). Two percent of the time during calendar quarter (excluding periods of permitted startup or shutdown and excused malfunctions). One exceedance greater than 3 hours duration per year (excluding periods of excused malfunctions).

One exceedanceof greater than 3 hours duration but less than 24 hour duration per calendar year andlor one 24-hour exceedanceper year (excluding periods of startup, shutdown or excused malfunction). One percent of the time during calendar quarter (excluding periods of permitted stamp or shutdown and excused maifunctions) so long as no mcn-%an one 24 -hour exceedance per calendar year takes place. One exceedance greater than 3 hours duration per year- Facilities Producing Organophosphste Compounds. (k) Secondary Lead Furnaces that would be subject toTDAPCRegulations 1200-3-16-.12

For purposes of this paragraph the 24-hour exceedance means a continuous exceedanceof an emission standard having atotal durationof greater that 24 hours (midnight to midnight) Any source type utilizing a thirty day rolling average.



### (VI) Irrespective of the startup and shutdown exemptions set forth on the operating permit of any air contaminant source,-noemission shallbe allowed which canbe proved by the Director to cause or contribute to any violations ofthe ambient air quality standards set forth in section 14ofthese regulations. Sulfur Dioxide Opacity

'

34.7 Special Reports Required (excludmgper~ods of excused malfunctions). One half of a percent of the time during a calendar quarter (excluding periods of stamp, shutdown, or excused malfunctions.
Nitrogen Oxides



### (I) The Director may require any air contaminant source to submit a report within 30 days after the end of each calendarmonth in a formathelshe specifies containing, as a minimum the following information: None (excluding periods of startup, shutdown, or excused malfunction.)

(a) The dates on which the malfunctions, startups, and shutdowns resulted in emissions greater than those allowed by emission standards in these regulations. (b) The estimated amount of air contaminantsemitted 

### in excess of the emission standards in units inpounds of air contaminantper hour and pounds of air contaminant per day. (c) Other emission characteristics such as stack exit temperature, stack height, and diameter, stack exit velocities, and other similar information. (d) Information needed to evaluate the possibility of instituting measures to eliminate or reduce the number of malfunctions and/or the amount of emissions from malfunctions, startups and shutdowns. (e) Information to determine if the excess emissions truly result from a malfunction. 

### (f) Information to evaluate the impact of the emissions on the surrounding areas.34.8 Rights Reserved Nothing 

### in this section shall be construed to allow the air contaminant source to violate the ambient air quality standards nor limit the authority of the Director and/or board to institute actions under other sections ofthese regulations. 34.9 Additional Sources Covered The Director may order the owner or operator of other air contaminant of other air contaminant sources to report in accordance with the requirements of this section for those sources in nonattainment areas or significantly impacting on nonattainrnent areas when helshe has reason to believe that an ambient air quality standard may be violated in the general vicinity where the source is located. There is sufficient reason (for purposes of this rule) to believe a standard may be violated if a value not to be exceeded more than once 

### in a year is equaled or exceeded once and/or if individual readings have a mean excess of ninety percent of a standard set for any given averaging interval regardless ofthe acceptabilityof the monitoring site, calibrationof the monitor, and other similar matters. Even if there are no monitors in an area, if a mathematical modeling and/or physical damage in the area indicate the standards may be violated, helshe may order suchreporting.