Section 1200-03-31-.04 - STANDARD FOR EXISTING SOURCES(1) Major sources will be issued an operating permit pursuant to the provisions of paragraph (11) of Rule 1200-03-09-.02 listing their current hazardous air pollutant emission rate on a pollutant-by-pollutant basis. These "hollow permits" will remain in effect until one or more of the following activities occur:(a) When the United States Environmental Protection Agency promulgates MACT for a source-specific category pursuant to Sections 112(d) or (h) of the Federal Clean Air Act, the Technical Secretary shall specify MACT for all existing major sources in that category as a revision to their "hollow permit". Upon written notification from the Technical Secretary, the source shall have 180 days to prepare their application for a MACT permit revision and submit it to the Technical Secretary. The Technical Secretary shall process the application by issuing a permit within 9 months of receipt of a complete application. MACT revisions to hollow permits shall be issued within 18 months of promulgation. A compliance schedule to attain MACT by a date certain shall be made part of the permit. The length of the schedule to attain compliance shall be determined by the complexities of coming into compliance and the Board's intent to be equivalent to the federal MACT. The Technical Secretary shall provide that the source's compliance schedule is at least as long as the federal rules allow. In most areas, this should not exceed three years. The Technical Secretary is authorized to grant up to a one-year extension to comply as long as it does not conflict with the federal requirements and there is sufficient justification to grant the additional time.(b) If the United States Environmental Protection Agency fails to meet the Federal Clean Air Act schedules prescribed in Section 112(e)(1) and/or (3) for timely promulgation of MACT requirements thereby invoking the "MACT hammer" provisions at Section 112(j) of the Federal Clean Air Act, the Technical Secretary shall specify MACT for all sources in the source category in question as a permit revision to their "hollow permit". Sources subject to the missed MACT standard shall file a complete MACT permit revision application with the Technical Secretary no later than 18 months after the federally missed deadline for the source category. The Technical Secretary shall process the MACT permit revision application by issuing a permit within 18 months of his receipt of a complete application.(2) Area sources that are not exempt from the requirement to obtain a permit pursuant to Rule 1200-03-09-.04 will be issued an operating permit specifying GACT with an appropriate compliance schedule to achieve that requirement by a date certain within 18 months of the United States Environmental Protection Agency's promulgation of a source-specific GACT standard if they are in that source-specific category. The date to achieve compliance shall be no less than that allowed by the federal rule which promulgated GACT for that source category. If a source is not exempted from the requirement to obtain a permit pursuant to Rule 1200-03-09-.04, it shall be the duty of such area source owner or operator to register their annual emissions of hazardous air pollutants with the Technical Secretary utilizing the forms prescribed by the Technical Secretary. In the interest of efficiency, the Technical Secretary may bring proposed regulations to the Board that would permit area sources by rule on a source category-specific basis. It is the intent of the Board that such rule would be effective within 18 months of the federal GACT promulgation. The rule will also provide that compliance with GACT shall be attained no later than that specified by the equivalent federal rule.Tenn. Comp. R. & Regs. 1200-03-31-.04
Original rule filed July 5, 1994; effective September 18, 1994. Amendment filed December 15, 1997; effective February 28, 1998. 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.