Section 1200-03-31-.03 - INTENT OF THE BOARD(1) The role of the United States Environmental Protection Agency is recognized by the Board as being essential in the setting of case-by-case determinations of hazardous air pollutant control requirements. The federal Agency is in the unique position to conduct research and compile national data bases as to the source-by-source control levels that are being achieved or proposed in the regulation of hazardous air pollutants. As the State of Tennessee does not fully possess these abilities, the Technical Secretary shall utilize the federal Agency's resources prior to setting a case-by-case hazardous air pollutant requirement. In addition, the Technical Secretary shall recognize any federal law, federal regulation, or lawfully promulgated policy of the United States Environmental Protection Agency pertaining to case-by-case determinations of hazardous air pollutant requirements as the minimum acceptable criteria prior to the setting of a case-by-case hazardous air pollutant requirement under the provisions of this rule.(2) The Technical Secretary may consider other applicable criteria in the absence of any data or requirement of the United States Environmental Protection Agency. In such case, the Technical Secretary shall rely upon generally accepted engineering principles and any unique aspects of a source category as a whole that would be a prohibitory factor in the imposition of a requirement for industries in that source category.(3) To the extent possible, it is the Board's intent to impose MACT and GACT limitations equivalent to that required by the United States Environmental Protection Agency at the time of the case-by-case determination. Should there be a prudent reason to be more stringent than the federal equivalent, the Technical Secretary may issue a more stringent MACT or GACT requirement. In exercise of the authority to issue a more stringent requirement, the Technical Secretary shall issue a determination specifying the rationale employed in the setting of a more stringent requirement. The determination shall accompany the permit in which the case-by-case determination is declared. As the declaration of a case-by-case requirement will be specified on a permit, disputes regarding the imposition of MACT or GACT are to be resolved in the manner prescribed by Rule 1200-03-09-.05. If GACT is done on a permit-by-rule basis, the Board will view the public hearing process as the permittee's opportunity to object to the requirements of GACT. However, the permittee may appeal the applicability of GACT to their operations as to commenced date or emission/production magnitude applicability thresholds present at their source.Tenn. Comp. R. & Regs. 1200-03-31-.03
Original rule filed July 5, 1994; effective September 18, 1994. Amendments filed September 29, 2022; effective 12/28/2022.Authority: T.C.A. §§ 4-5-201, et seq.; 68-201-101, et seq.; and 68-201-105.