Section 1200-03-05-.05 - STANDARD FOR CERTAIN EXISTING SOURCES(1) Air contaminant sources meeting the conditions in paragraphs (2) and (3) of this rule and for which a certificate of validation has been issued by the Technical Secretary indicating that to his satisfaction the conditions in paragraph (2) are met, must in lieu of meeting the requirements of rule .01 of this chapter, meet the following emission standards of no visible emissions in excess of forty (40) percent opacity for an aggregate of more than five (5) minutes in any one (1) hour or more than twenty (20) minutes in any one twenty-four (24) hour period.(2) The Technical Secretary must issue a certificate of validation if applied for and the owner or operator of the air contaminant source demonstrates to the satisfaction of the Technical Secretary the following conditions exist: (a) The air contaminant source shall be subject to the rules contained in either Chapter 1200-03-06 or Chapter 1200-03-07 and shall be meeting the appropriate emission standard contained in those chapters.(b) The air contaminant source is not regulated under the rules contained in Chapter 040030-38, Chapter 1200-03-16, Chapter 1200-03-25, or paragraph (4) of Rule 1200-03-09.01.(c) The air contaminant source does not include a gas or oil-fired boiler. However, if the particulate emissions of the fuel burning installation are less than that which Rule 1 20003-06-.02 would allow for a fuel burning installation of the size Qs where Qs is the heat input rate from solid fuels and/or liquid fuels other than oil, then the previous sentence will not prohibit, in and of itself, the issuance of a certificate of validation.(d) Each emission point, suitable for the installation of a continuously recording opacity monitor of the air contaminant source, whether a process emission source, fuel burning installation, incinerator, or wigwam, having a flow rate of 100,000 ACFM or more shall be equipped with continuously recording opacity monitors of the reference method type as outlined in the Federal Register, Vol. 48, No. 62, March 30, 1983, beginning on page 13327, or an equivalent or alternate type approved by the Technical Secretary. However, a monitor will not have to be installed on those emission points of the air contaminant source for which the owner or operator does not wish to be allowed to emit more than twenty percent opacity. In this event these points must be clearly specified on any application for a certificate of validation. The Technical Secretary may still require these other points to install such a monitoring system. This provision shall not apply to gas streams containing moisture which interferes with proper instrument operation.(e) The air contaminant source meets all emission standards in these regulations outside this chapter. Demonstration of this will require, as a minimum, an acceptable stack test report for particulate matter. This test must be conducted in the presence of personnel from the Division of Air Pollution Control.(f) The PM10 ambient air quality standards are being met in the vicinity of the air contaminant source. The Technical Secretary may require this to be demonstrated.(g) A certificate of validation has never been revoked for this air contaminant source.(h) A fee of five hundred dollars ($500.00) has been paid to the Department to cover the costs of review of the request for the certificate of validation.(3) The owner or operator of the air contaminant source must:(a) Post on the operating premises the certificate of validation;(b) Maintain for at least one year the readout from the opacity monitor(s) and keep this record available for inspection by the personnel of the Division of Air Pollution Control;(c) Keep the air pollution control equipment and the opacity monitor in good operating condition and utilize said equipment at all times.(4) After Administrative Hearing the certificate of validation will be revoked by the Technical Secretary if he finds any of the requirements of paragraph (2) have been violated and/or if the requirements of paragraph (3) have been frequently and flagrantly violated after its issuance.(5) Upon the granting of a construction permit for the modification of an air contaminant source for which a certificate of validation has been issued, the certificate of validation shall become void.(6) Air contaminant sources required to conduct in-stack opacity monitoring as per subparagraph (2)(d) above may elect to have visible emissions determined by Method 9 outlined in the Federal Register, Vol. 39, No. 219, November 12, 1974, beginning on page 39874. For a source electing to have visible emissions determined by this method, the applicable visible emission standard under the certificate of validation shall be as follows: No visible emissions in excess of forty (40) percent opacity for more than one six (6) minute period in any one (1) hour or more than twenty-four (24) minutes in any one twenty-four (24) hour period. For an affected source the choice of methods of the determination of visible emissions must be made with the application for the certificate of validation, otherwise the standard set forth in paragraph (1) of Rule 1200-03-05-.05 shall apply.Tenn. Comp. R. & Regs. 1200-03-05-.05
Original rule filed January 10, 1977; effective February 9, 1977. Amendment filed September 21, 1988; effective November 6, 1988. Amendment filed April 18, 1990; effective June 2, 1990. Amendment filed May 17, 1990; effective July 1, 1990. Amendments filed June 6, 2018; effective September 4, 2018. Amendments filed September 29, 2022; effective 12/28/2022.Authority: T.C.A. §§ 4-5-201, et seq.; 68-25-105; 68-201-101, et seq; 68-201-105; and 68-201-201, et seq.