Section 1200-03-09-.03 - GENERAL PROVISIONS(1) Notwithstanding the provisions of the preceding paragraphs of this chapter, the owner or operator of any air contaminant source shall be responsible for complying with emission regulations as contained in other chapters of these regulations at the earliest practicable time and for this purpose the Board shall have the authority and responsibility to require compliance with these regulations at an earlier date than indicated where such earlier compliance may reasonably be accomplished.(2) No person shall use any plan, activity, device, or contrivance which the Technical Secretary determines will, without resulting in an actual reduction of air contaminants, conceal or appear to minimize the effects of an emission which would otherwise constitute a violation of these regulations. Methods considered circumvention of the regulations include but are not limited to the following: (a) Air (or other gases) introduced for dilution purposes only.(b) The staggered installation and operation of a facility to avoid coverage by a standard that applies only to operations larger than a specified size.(3) No person shall discharge from any source whatsoever such quantities of air contaminant, uncombined water, or other materials which cause a traffic hazard.(4) Any person affected by any of these regulations shall file emissions data with the Technical Secretary on forms available from the Secretary. If any changes are made that invalidate this data, the owner or operator shall file within thirty (30) days new forms with the appropriate revisions to the data.(5) Any source operating under a variance or Board Order (whether effective under T.C.A. §§ 68-25-116 or 68-25-118) shall prominently and conspicuously display a copy of said variance or Board Order on the operating premises.(6) Ownership Change (a) An operating permit, construction permit, notice of coverage, or notice of authorization is transferable from one person to another person provided that: 1. Written notification of the ownership change is submitted to the Technical Secretary no later than thirty (30) days after the change; and2. The new owner or operator: (i) Does not make any changes to the stationary source that meet the definition of modification as defined in this Division 1200-03 or Division 0400-30, and(ii) Agrees to abide by the terms of the permit or notice of coverage or authorization, Division 1200-03, Division 0400-30, the Tennessee Air Quality Act, and any documented agreements made by the previous owner to the Technical Secretary.(b) No operating permit, construction permit, notice of coverage, or notice of authorization is transferable from one air contaminant source to another air contaminant source or from one location to another location. The new operating permit, construction permit, notice of coverage, or notice of authorization required by this subparagraph will be governed by rules in effect at the time of its issuance.(7) The Technical Secretary may suspend or revoke any construction permit, operating permit, notice of coverage, or notice of authorization if the holder fails to comply with the provisions, stipulations, or compliance schedules specified in the permit, notice of coverage, or notice of authorization; Division 1200-03; Division 0400-30; and the Tennessee Air Quality Act. Upon suspension or revocation of a permit or notice of coverage or authorization, if the holder fails to take remedial action, then the holder shall become immediately subject to additional enforcement actions prescribed by law.(8) The Technical Secretary may include on all permits issued under the Tennessee Air Quality Act conditions to directly impose all provisions applicable to sources that are necessary under the federal Clean Air Act and effective federal regulations pursuant to this act, e.g., National Emission Standards for Hazardous Air Pollutants, as well as provisions necessary under Tenn. Code Ann. § 68-201-101 et. seq. and rules of this Division 1200-03. Issuance of a permit containing conditions imposing such applicable provisions necessary under the federal Clean Air Act and effective federal regulations pursuant to this act shall not be treated as a repeal by implication of any otherwise applicable provisions of Division 1200-03. That is, simply the inclusion of such conditions containing federal standards or requirements that are less restrictive than standards or requirements in Division 1200-03 concerning the same matter shall not thereby effect a relaxation of the more restrictive provisions of Division 1200-03.Tenn. Comp. R. & Regs. 1200-03-09-.03
Original rule certified June 7, 1974. Amendment filed and effective February 9, 1977. Amendment filed and effective November 6, 1988. Amendment filed May 17, 1990; effective July 1, 1990. Amendment filed July 20, 1999; effective October 2, 1999. Amendment filed July 22, 2003; effective October 5, 2003. Amendment filed February 24, 2009; effective May 10, 2009. Amendments filed May 17, 2017; effective 8/15/2017.Authority: T.C.A. §§ 4-5-202 et. seq , 68-25-105, 68-201-101 et seq., and 68-201-105.