Department of StateDivision of Publications312 Rosa L. Parks, 8th Floor Snodgrass TowerNashville, TN 37243Phone: 61 5 741 2650Fax.615.741 .5133Email: register.information@tn.gov

Notice of Rulemaking HearingHearings will be conducted in the manner prescibed by the Uniform Administrative Procedures Ac( Iennessee Code Annotated,Section 4-5-204. For questions and copies of the notice, contact the person listed below.

Gontact Percon:

Any lndividuals with disabilities who wish to participate in these proceedings (to review these filings) and mayrequire aid to facilitate such participation should contact the following at least 10 days prior to the hearing:

Environment and Conservation

For Department of State Use Only

Sequence Number:

Notice lD(s):

File Date:

Nashville

€151 532-q545

ADA Gontact:

Lagey. Ha[din@qov.tn

Tennessee 37243-1531

Hearing Location(s) (for additional locations, copy and paste table)

ADA CoordinatorTDEC ADA Coordinator12th Floor401 Church StreetNashville, Tennessee 37243

Phone:

Heannq Time:

ß1Ð532_02e7,.oÍor¡_ea!!sir_pqiçd,_UlBçLelqpryiqql-,8!Qglq;p2!8_

Additional Hearing lnformation :

There will be a public hearing before the Technical Secretary of the Tennessee Air Pollution Control Board to

FloorL&CAnnex

Nashville, Tennessee

consider the promulgation of amendments to the Tennessee Air Pollution Control Regulations and the Statelmplementation Plan pursuant to Tennessee Code Annotated, Section 68-201-105. The comments received atthis hearing will be presented to the Tennessee Air Pollution Control Board for their consideration in regards tothe proposed regulatory amendments. The hearing will be conducted in the manner prescribed by the UniformAdministrative Procedures Act, T.C.A. S 4-5-201 et seq.

37243-153104t04t119:30 AM

i Anyone desiring to make oral comments at this public hearing is requested to prepare a written copy of theiri comments to be submitted to the hearing officer at the public hearing. Written comments not submitted at the] public hearing will be included in the hearing record only if received by the close of business on Monday, April 4,

i ssee Air Pollution Control Board, 9tn Floor, L & C Annex,401I

I

SS-7037 (July 2009) 1

.l

mailto:lacey.hardin@tn.govmailto:beverly.evans@tn.gov

The Tennessee Air Pollution Control Regulations are proposed to be amended by revising the requirements formajor New Source Review and revising the requirements for major source operating permits in order to provide amethod by which the chapter 1200-03-09 provisions adopted in accordance with the federal Greenhouse GasTailoring Rule and which were effective February 8,2011, will no longer apply in the event that the U.S. Court ofAppeals for the D.C. Circuit or the U.S. Supreme Court issues an order which would render GHG emissions notsubject to regulation under the Prevention of Significant Deterioration, New Source Review provisions or the TitleV operating permit program of the Federal Act; or there is a change to Federal law that supersedes regulation ofGHGs under the Prevention of Significant Deterioration, New Source Review provisions or the Title V operatingpermit program of the Federal Act, then GHGs shall not be subject to regulation, nor shall GHG emissions berequired to be included in any construction or operating permit under this regulation 1200-03, as of the effectivedate of the change in Federal law. lf you have any questions about the origination of this rule change, you maycontact Ms. Lacey Hardin at (615) 532-0545.

Revisions considered at this hearing may be adopted by the Tennessee Air Pollution Control Board under T.C.A. 68-201-105, the Board general authority to promulgate rules. The changes proposed below may be revised based oncomments received from the public, the regulated community, and any other affected entities. The Tennessee AirPollution Control Board will consider all comments and set the fee appropriately.

Materials concerning the proposed actions will be available at http://tn.qov/environment/apc/ppo/ and also for publicinspection during normal working hours starting on Tuesday, March 1,2011, at the following locations:

Air Pollution Control Division9thFloor,L&CAnnex401 Church StreetNashville, TN 37243-1531

Air Pollution Control DivisionKnoxville EFO3711 Middlebrook Pk., Suite 220Knoxville, TN 37921

Air Pollution Control DivisionColumbia EFO1421 Hampshire PikeColumbia, TN 38401

Air Pollution Control DivisionChattanooga EFO540 McCallie Avenue, Suite 550Chattanooga, TN 37402

Pollution Control DivisionMetropolitan Health Dept.31123rd Avenue, NorthNashville, TN 37203

Air Pollution Control DivisionJohnson City EFO2305 Silverdale RoadJohnson City, TN 37601-2162

Knox County Department ofAir Quality Management140 Dameron Avenue, Suite 242Knoxville, TN 37917

Air Pollution Control DivisionNashville EFO711 R. S. Gass BoulevardNashville, TN 37243

Chattanooga-Hamilton County U.S. EPA, Region lVAir Pollution Control Bureau APTMD - 12th Floor, Atlanta FederalCenter6125 Preservation Drive 61 Forsyth Street S.W.Chattanooga, TN 37416 Atlanta, GA 30303

I "¡r Mr. Richard Schutt, Chieft

j Alt persons interested in the air quality of the State of Tennessee are urged to attend and will be afforded theI opportunity to present testimony to the hearing officer regarding the proposed additions and/or revisions to the StateI lmplementation Plan.I

I

Air Pollution Control DivisionCookeville EFOI 221 South Willow AvenueCookeville, TN 38506

Air Pollution Control DivisionJackson EFO1625 Hollywood DriveJackson, TN 38305

Division of Air Pollution ControlMemphis Environmental Field Office8383 Wolf Lake DriveBartlett, TN 38'1 3341 1 IKingsport Public Library400 Broad StreetKingsport, TN 37660

Revision Type (check all that apply):X Amendment

New

_ Repeal

SS-7037 (July 2009)

Rule(s) (ALL chapters and rules contained in filing must be listed here. lf needed, copy and paste additionaltables. Please enter only ONE Rule Number/RuleTitle per row,)

r : Chapter TitleConstruction a¡d Op_erating Permits

(Place substance of rules and other info here. Statutory authority must be given for each rule change. Forinformation on formatting rules go to http://tn.qov/sos/rules/1360/'136O.htm)

Chapter 1200-03-09Construction and Operating Permits

Amendments

Subpart (i) of part 46 of subparagraph (b) of paragraph ( ) of rule 1200-03-09-.01 Construction Permits isamended by adding two new items (l) and (ll) as follows:

Supreme Court issues an order which would render GHG emissions notsubject to regulation under the Prevention of Significant Deterioration,New Source Review provisions and/or the Title V operating permitprogram of the Federal Act, then GHGs shall not be subject to regulation,nor shall GHG emissions be required to be included in any constructionor operating permit under this regulation 1200-3, as of the effective dateof the Federal Register notice of vacatur.

(ll) ln the event that there is a change to Federal law that supersedesregulation of GHGs under the Prevention of Significant Deterioration,New Source Review provisions and/or the Title V operating permitprogram of the Federal Act, then GHGs shall not be subject to regulation,nor shall GHG emissions be required to be included in any construction

3[,i:"5:llonjilT[Jx;:ir this resuration 1200-3, as of the effective date

Part32 of subparagraph (b) of paragraph (11) of rule 1200-03-09-.02 Operating Permits is amended by addingtwo new subparts (iii) and (iv) as follows:

(iii) ln the event that the U.S. Court of Appeals for the D.C. Circuit or the U.S.Supreme Court issues an order which would render GHG emissions not subjectto regulation under the Prevention of Significant Deterioration, New SourceReview provisions and/or the Title V operating permit program of the Federal Act,then GHGs shall not be subject to regulation, nor shall GHG emissions be

. required to be included in any construction or operating permit under thisregulation 1200-3, as of the effective date of the Federal Register notice ofvacatur.

(iv) ln the event that there is a change to Federal law that supersedes regulation ofGHGs under the Prevention of Significant Deterioration, New Source Reviewprovisions and/or the Title V operating permit program of the Federal Act, thenGHGs shall not be subject to regulation, nor shall GHG emissions be required tobe included in any construction or operating permit under this regulation 1200-3,as of the effective date of the change in Federal law.

Authority: T.C.A. SS68-20f -101 et seq. and 4-5-201et seq.

: Construction Permits, ÒpG-ia-ting Þermits

Rule Title

SS-7037 (July 2009)

http://tn.gov/sos/rules/1360/1360/htm

I certify that the information included in this filing is an accurate and complete representation of the intent andscope of rulemaking proposed by the agency.

Date:

Signature:

Name of Officer:

Title of Officer:

Subscribed and sworn to before me on:

Notary Public Signature:

My commission expires on:

Department of State Use Only

Director, Division of Air Pollution Control

Filed with the Department of State on:

09-.01 & 02c1 .doc

SS-7037 (July 2009)

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Secretary of State