OFFICE OF COUNTY MAYQB 'I 

+, , 

F - I/ ti 

Air Quality Management "'i 

140 Dameron Avenue, Knoxville, TN 37917 .. ~~4 

November 22,2010 

Ms. Gwen Keys Fleming, 

Regional Administrator 

U.S. EPA, Region IV 

Atlanta Federal Center, 12'~ Floor 

61 Fors.yth Street, S.W. 

Atlanta, GA 30303 

Dear Ms. Fleming: 

Knox County Department of Air Quality Management has received a copy of a 

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 plan for the area. Knox County contends 

that the Sierra Club's comments are not relevant to Knoxville's attainment 

demonstration for the 1997 ozone NAAQS. We are submitting a response per request 

of EPA to clarify two issues addressed in the November 8th letter cited above. 

Page 10 of that letter references Knox County Department of Air Quality 

Management (KCDAQM) Regulations 34.1 (A) and (C). Regulation 34 does not have a 

1 .A or I.C. Based on the content of the statement made, I am 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 

required for logs of all malfunctions, startups, and shutdowns resulting in emissions 

in excess of the standards contained in the entire body of the KCDAQM Regulations 

or issued permit. The commenter further states their belief that the KCDAQM 

regulations "should be amended to clarify that compliance with its terms - giving 

immediate notice and providing a report - does not affect the fact that excess 

emissions violate the Regulations." In fact, Regulation 34.8 states "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 andlor board to institute 

actions under other sections of these regulations." 

phone 865.215.5900 fax 865.215.5902 aqm@aqm.co.knox.tn.us 
Continuing on page 10, the commenter further requests clarification on "the 

effect of an administrative determination on citizen suits". EPA is granted oversight 

and enforcement abilities through the Clean Air Act (CAA) Section 113 and no 

decision by the KCDAQM Director limits EPA's authority to take 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 

relevance to the 1997 8-hour ozone NAAQS redesignation request submitted by the 

KCDAQM and TN Division of Air Pollution Control and we request the issuance of 

that designation as soon as possible. 

If you have any questions, or should 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 OF EQUIPMENT 

34.1 Purpose 

The purpose of this section is to place reasonable limits on the amount of emissions an 

air contaminant source can emit due to startup, shutdown, or malfunction of 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 of Air Quality Management Regulations or any permit issued thereto, 

or of sufficient duration to cause damage to property or public health, the owner or 

operator of the 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 35.0 of these 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 shall be 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 of malfunction and/or reason for shutdown; . -- 

4. Time startup or shutdown was 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 of this section must be entered into the 

log by the end of the shift during which the malfunction or startup began. 

(c) All information shall be 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 footnotes with the 

reason for the change denoted. 

(11) The owner or operator of all sources located in a nonattainment area or having 

significant impact 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 

designated by the Director. If these emissions are required to be reported under 

Section 26.0 or Section 40.0 of these 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 source to submit 

a copy of the log required under subsection 34.4 to him/her within ten(l0) days after the 

request is received. The Director can require copies of the entire log. 

34.6 Report Required upon the issuance of a Notice of Violation 

(I) In the event excess emissions are emitted fiom 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 de minimis under this rule 34.6. 

(11) The owner or operator of the violating air contaminant source shall submit within 

20 days after receipt of the notice of violation, the data required in paragraph (111) 

of this 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 issuance of thenotice of violation no further 

action is required of the violating source. However if the source desires to 

submit additional information, then this shall be 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 of the 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, documentation that 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 excusal for 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~ons that 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 600 x 

lo6 BTUlhr 

(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~ons 1200-3-7- 

.07 or 1200-3-16-.29 

(0 Lime K~lns that would be subject to TDAPC 

Regulations 1200-3-7-.07(4) 

(g) Sulfuric Acid 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)Primary Zinc 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~ods of 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 

exceedance per year (applicable to sources having three hour 

standard only) 

Six percent of tbe time (excluding periods of permitted 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 exceedance of greater than 3 hours duration but less than 

24 hour duration per calendar year andlor one 24-hour 

exceedance per 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 to TDAPCRegulations 1200-3-16-. 12 

For purposes of this paragraph the 24-hour exceedance means a continuous exceedance of 

an emission standard having a total duration of 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,-no emission shall be allowed which can be 

proved by the Director to cause or contribute to any violations of the ambient air 

quality standards set forth in section 14 of these regulations. 

Sulfur Dioxide 

Opacity 

' 

34.7 Special Reports Required 

(excludmg per~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 calendar month in a format helshe 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 contaminants emitted in excess of the emission 

standards in units in pounds of air contaminant per 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 of these 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 of the acceptability of the monitoring site, calibration of 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 such reporting.