Section 1200-03-09-.06 - GENERAL PERMITS(1) Applicability (a) This rule does not apply to sources that are subject to the provisions of paragraph (11) of Rule 1200-03-09-.02.(b) Sources located in a nonattainment area are not eligible for a general permit for construction of a new or modified air contaminant source if the source emits the pollutant and/or a precursor to the pollutant for which the area has been designated nonattainment by the United States Environmental Protection Agency or the Tennessee Air Pollution Control Board.(2) The Technical Secretary may issue general permits for the purpose of covering numerous similar sources that are owned or operated by different persons at different facilities.(3) Notwithstanding the provisions of the preceding rules of this chapter, a general permit may serve as both a construction permit and an operating permit.(4)(a) A notice of intent for coverage under a general permit serving as a construction permit shall be subjected to public notice and an opportunity for public participation, as specified in subparagraph (1)(h) of Rule 1200-03-09-.01.(b) A general permit serving as a construction permit shall be subjected to public notice and an opportunity for public participation by prominent advertisement in each air quality control region. The notice shall specify the types of sources to be covered by the permit and the terms of the permit and opportunity for public comment. Comments shall be in writing and delivered to the Technical Secretary within thirty (30) days after the publication of the public notice.(5) The general permit shall specify the eligibility criteria by which sources may qualify for the general permit and shall state both the process by which an owner or operator of a source notifies the Technical Secretary that the owner or operator requests the source to be covered under the general permit and the means by which the Technical Secretary confirms that the source is either covered by the general permit or requires an individual permit. The owner or operator constructing or operating a source under the provisions of a general permit shall be subject to enforcement action for construction or operation without a permit required by this chapter if the owner or operator of the source requested coverage under a general permit by representing the source to be eligible for a general permit in the notice of intent and it is later determined that the source does not qualify for the eligibility terms and conditions of the general permit.(6) Owners or operators of sources subject to the provisions of this chapter that would qualify for a general permit shall submit a notice of intent to the Technical Secretary for coverage under the terms of the general permit. The Technical Secretary may, in the general permit, specify requirements for the notice of intent which deviate from the requirements of Rules 1200-03-09-.01 and 1200-03-09-.02, provided that the notice of intent includes all information necessary to determine qualifications for, and to assure compliance with, the general permit.(7) If either an owner or operator of a source covered by a general permit or the Technical Secretary determines that the source no longer qualifies for such permit, the source shall submit a notice of the change in status to the Division within thirty (30) days of either such determination by the source or notification by the Technical Secretary, whichever occurs first.(8) General permits shall be issued for a fixed term, not to exceed ten (10) years, which shall be stated in the permit.(9) For the purposes of this rule the following terms shall have the following meanings: (a) "Notice of coverage" or "NOC" means a confirmation from the Technical Secretary of coverage under a general permit.(b) "Notice of intent" or "NOI" means a written notification requesting coverage under a general permit.Tenn. Comp. R. & Regs. 1200-03-09-.06
Original rule filed September 11, 2015; effective December 10, 2015. Amendments filed May 17, 2017; effective 8/15/2017.Authority: T.C.A. §§ 4-5-201 et seq. and 68-201-101 et seq.