29.	“Timely” when used with respect to a submittal, means that the
application was delivered to the Technical Secretary or deposited in the
United States mail (evidenced by postmark) or recognized delivery
service (evidenced by receipt) addressed to the Technical Secretary on
or before the date it is due.  However, the definition of “timely”
with respect to timelines for action placed upon the Technical Secretary
and/or Division shall not commence until receipt of the submittal in the
office of the Technical Secretary.

30.	“Exceedance” shall mean a condition that is detected by
monitoring that provides data in terms of an emission limitation or
standard and that indicates that emissions (or opacity) are greater than
the applicable emission limitation or standard (or less than the
applicable standard in the case of a percent reduction requirement)
consistent with any averaging period specified for averaging the results
of the monitoring.

31.	“Excursion” shall mean a departure from an indicator range
established for monitoring under this paragraph, consistent with any
averaging period specified for averaging the results of the monitoring.

(c)	Applicability -

1.	The following air contaminant sources are subject to the requirements
of paragraph 1200-3-9-.02(11):

(i)	Any major source;

(ii)	Any source, including an area source, subject to a standard,
limitation, or other requirement under section 111 of the Federal Act,
Part 1200-3-7-.07(4), part 1200-3-7-.07(5) or Chapter 1200-3-16;

(iii)	Any source, including an area source, subject to a standard or
other requirement under section 112 of the Federal Act, chapter
1200-3-11, or chapter 1200-3-31 except that a source is not required to
obtain a permit solely because it is subject to regulations or
requirements under section 112(r) of the Federal Act or Chapter
1200-3-32;

(iv)	Any affected source; and

(v)	Any source in a source category designated by the Administrator or
Technical Secretary pursuant to the federal 40 C.F.R. Part 70 rules (FR
Vol 57, No. 140, Tuesday, July 21, 1992 p 32295-32312) or this paragraph
respectively.

2.	The following air contaminant sources are exempt from the
requirements of paragraph 1200-3-9-.02(11):

(i)	All non-major sources including those subject to Section 112 of the
Federal Act or chapter 1200-3-11 or Chapter 1200-3-31 and section 111 of
the Federal Act or chapter 1200-3-16.  If the Administrator promulgates
future regulations which prohibit the exemption of a non-major source
from the requirements of paragraph 1200-3-9-.02(11), such source will be
so permitted by the Technical Secretary. Upon the Administrator’s
written notification to the Technical Secretary that such sources must
be permitted according to the provisions of this paragraph
1200-3-9-.02(11), the Technical Secretary shall notify the sources that
the applications are due within 180 days of his written notice.  The
Technical Secretary shall have up to 90 days to accomplish the
notification commencing upon his notification from the Administrator.

(ii)	An affected source does not qualify for exemption from the
provisions of paragraph 1200-3-9-.02(11) even if it is a non-major
source.

(iii)	A solid waste incinerator unit that is required to obtain a permit
pursuant to section 129(e) of the Federal Act does not qualify for
exemption from the provisions of paragraph 1200-3-9-.02(11) even if it
is a non-major source.

(iv)	All sources and source categories that would be required to obtain
a permit solely because they are subject to 40 C.F.R. part 60, Subpart
AAA - Standards of Performance for New Residential Wood Heaters are
exempt from the provision of paragraph 1200-3-9-.02(11).

(v)	All sources and source categories that would be required to obtain a
permit solely because they are subject to 40 C.F.R. part 61, Subpart M -
National Emissions Standard for Hazardous Air Pollutants for Asbestos,
section 61.145, Standard for Demolition and Renovation are exempt from
the provision of paragraph 1200-3-9-.02(11).

3.	Sources subject to paragraph 1200-3-9-.02(11) shall have all
applicable requirements specified in their permit for all relevant
emission units in the major source except those emission units which are
exempted from permitting in rule 1200-3-9-.04.

4.	Sources subject to paragraph 1200-3-9-.02(11) must declare their
fugitive emissions in their permit application and the Technical
Secretary must regulate the fugitive emissions as terms of their permit.

5.	Unless specifically exempted elsewhere in this paragraph
1200-3-9-.02(11), research and development facilities shall be
considered as a separate and discrete stationary source in determining
whether such facilities constitute a major source subject to the
operating permit requirements.  Except where research and development
facilities by themselves constitute a major source, such facilities
shall be exempt from the permit requirements of paragraph
1200-3-9-.02(11), but not from any other permitting requirements of
Chapter 1200-3-9.

(d)	Permit Applications -

1.	The owner or operator of a source subject to paragraph
1200-3-9-.02(11) has a duty to submit a timely and complete permit
application in accordance with this part.  The timelines for application
under the provision of paragraph 1200-3-9-.02(11) supersede the
application deadlines specified in paragraphs 1200-3-9-.02(1), (3) and
(10).

(i)	Timely application.

(I)	A timely initial application for a source subject to the provisions
of paragraph 1200-3-9-.02(11) is one that is submitted within 120 days
of the Technical Secretary’s written notification to the source that
such application must be filed or as stipulated on their construction
permit.  The Technical Secretary will not require an application to be
filed, either by written notification or imposition of a construction
permit condition until the Administrator approves the Governor’s Part
70 program submittal, filed in accordance with 40 C.F.R. Part 70.4.
Application notices shall be served over a period of time in accordance
with the Board’s approved schedule.  The Technical Secretary shall
submit a proposed schedule for Board approval and incorporation into the
State Major Source Fee Workload Analysis as a Board Order no later than
March 1, 1994.

(II)	Sources subject to the provisions of paragraph 1200-3-9-.01(4),
paragraph 1200-3-9-.01(5) and/or rule 1200-3-31-.05 apply for an
operating permit according to the schedule prescribed on their
construction permit.  The Technical Secretary shall allow sufficient
time to prepare the application, but in no case shall the time allotted
to file an application exceed 360 days commencing upon startup of the
constructed source.

(III)	A timely renewal application for a source subject to the
provisions of paragraph 1200-3-9-.02(11) is one that is submitted at
least 180 days, but no more than 270 days prior to the expiration of an
existing major source operating permit.

(IV)	Applications for initial phase II acid rain permits shall be
submitted to the Technical Secretary by January 1, 1996 for sulfur
dioxide, and by January 1, 1998 for nitrogen oxides.

(V)	Construction occurring under the provisions of rule 1200-3-9-.01 at
a source already in possession of a major source operating permit issued
pursuant to the provisions of paragraph 1200-3-9-.02(11) shall be
governed by the following:

I.	Sources shall designate in their construction permit application the
route that they desire to follow for the purposes of incorporating the
newly constructed sources into their existing operating permit.  The
Technical Secretary shall use that information to prepare the operating
permit application submittal deadlines in their construction permit.

II.	Sources desiring the permit shield shall choose the administrative
amendment route of subpart 1200-3-9-.02(11)(f)(4)(iv) or the significant
modification route of subpart 1200-3-9-.02(11)(f)5(iv).

III.	Sources desiring expediency instead of the permit shield shall
choose the minor permit modification procedure route of Subpart
1200-3-9-.02(f)5(ii) or group processing of minor modifications under
the provisions of subpart 1200-3-9-.02(11)(f)5(iii) as applicable to the
magnitude of their construction.

(VI)	Existing sources making the transition from an existing operating
permit to an initial major source operating permit consistent with the
provisions of part 1200-3-9-.02(11)(a)1 shall continue to construct
under the provision of rule 1200-3-9-.01 and supplement their major
source operating permit application in accordance with the provisions of
part 1200-3-9-.02(11)(d)2.

(VII)	Existing sources that were not initially subject to the provisions
of paragraph 1200-3-9-.02(11), but later became subject through a change
in operations such that their potential to emit crosses the
applicability threshold of paragraph 1200-3-9-.02(11), shall file their
major source operating permit application within 360 days of their start
up of such operations that caused them to cross the major source
operating permit applicability provisions of paragraph 1200-3-9-.02(11).

(ii)	Complete Application

(I)	The owner or operator of a source that is subject to the provisions
of paragraph 1200-3-9-.02(11) shall file a complete application for a
major source operating permit.  Applications shall be made on forms
approved by the Board and available from the Technical Secretary.  The
applications shall be evaluated for completeness by using the Board’s
approved checklist.  The checklist list shall be made available to
applicants to assist them in preparing a complete application.
“Insignificant Activities” designated as those activities or
emission / production thresholds listed at rule 1200-3-9-.04 and their
listing, if required under rule 1200-3-9-.04, in the permit application
shall be governed by the Board’s approved forms, instruction sheets
and check lists. In addition to the information requested on the
application forms, the applicant shall provide sufficient information to
determine which applicable requirements will apply to the source and
whether or not the source is in compliance with the applicable
requirements.  The application must be signed and dated by a responsible
official attesting to its accuracy in accordance with part
1200-3-9-.02(11)(d)4.

I.	The application shall be dated and stamped as to its date of receipt
in the Office of the Technical Secretary.

II.	Sixty (60) days will be allotted to the Technical Secretary from his
receipt of the application for the purpose of determining whether or not
the application is complete according to the Board-approved completeness
checklist.  This timeline is not applicable to minor modifications
conducted under the provisions of subparts 1200-9-.02(11)(f) 5.(ii) &
(iii).

III.	The applicant must file an application for the entire source upon
initial application and for renewal applications.  Applications for a
permit revision need only address the portions of the source impacted by
the revision.

IV.	The Technical Secretary shall have up to 60 days from his receipt of
the application to review an application for completeness.  At the
conclusion of that period, the Technical Secretary shall notify the
applicant of his findings in writing.  In the absence of his timely
notification that an application is incomplete, an application will be
considered to be complete.  Such status is limited to only provide
enforcement immunity for the applicant for failing to have filed a
complete application and to place them in an application shield status.
Should the Technical Secretary find that additional information is
necessary to properly evaluate the application, the applicant must
provide the additional information in accordance with the Technical
Secretary’s written request which will set a reasonable deadline to
provide the information.  The source may operate under the authority of
their most recent permit consistent with the application shield
provisions of part 1200-3-9-.02(11)(f)2, provided that the application
is determined or deemed to be complete and further provided that the
applicant submits any requested additional information by the deadline
specified by the Technical Secretary.  However, the source shall abide
by the terms of its most recently issued permit until final action is
taken upon their application.

(iii)	Confidential Information:

	A source which claims that its information is confidential is subject
to a review of confidentiality.  If the Technical Secretary determines
that the information should not be protected as confidential, he shall
notify the source in writing and hold the information in protected
status until such time that the Board can resolve the dispute via a
contested case hearing.  During this time of dispute, the applicant will
be required to make a direct submittal of the information to the
Administrator if the EPA desires to 	review the disputed information
being used to prepare the permit.  The following information shall not
be considered confidential:

(I)	The composition and quantity of air contaminants emitted from the
facility.

(II)	The applicable requirements that a source must fulfill and the
source’s compliance status with each applicable requirement.

(III)	The business name, address, and location of the source and the
name of the source’s responsible official.

(IV)	Any other information which the Board may determine through a
hearing of the matter.

2.	The owner or operator of a source subject to paragraph
1200-3-9-.02(11) has a duty to supplement or correct their application
upon discovery that their application was incorrect or failed otherwise
to address any facts relevant to permitting at the source.  The
applicant must also provide additional information as necessary to
address any requirements that become applicable to the source after the
date that it has filed a complete application but prior to the release
of a draft permit.

3.	The Board has approved and mandated the use of permit applications,
instruction sheets and a completeness checklist which should facilitate
the applicant’s duty to provide all of the information required by 40
C.F.R. Part 70.5(c) and (d).  Those requirements are printed on the
completeness checklist and that information is the primary basis by
which an application shall be judged for completeness.   Application
must be made using the forms available from the Technical Secretary.
The Technical Secretary may request a refilling of applications that are
illegible, vague or ambiguous.  In such cases, the timelines for action
on the application will restart when the clarified application is
received.

4.	Any application form, report, or compliance certification submitted
pursuant to the requirements of paragraph 1200-3-9-.02(11) shall contain
certification by a responsible official of truth, accuracy and
completeness.  This certification and any other certification required
under paragraph 1200-3-9-.02(11) shall state that, based on information
and belief formed after reasonable inquiry, the statements and
information in the document are true, accurate and complete.

(e)	Permit Content -

1.	The applicant shall propose the number of permits that they want and
the Technical Secretary shall determine the number of permits that a
facility is to receive.  In determining the number of permits,
consideration shall be given to the ease of evaluating compliance at a
complex facility.  To the extent possible, a complex facility should be
divided into major operating divisions with one permit per division.
Each permit issued by the Technical Secretary pursuant to the provisions
of paragraph 1200-3-9-.02(11) shall include the following elements:

(i)	Emission limitations and standards, including those operational
requirements and limitations that assure compliance with all applicable
requirements at the time of permit issuance.

(I)	The permit shall specify and reference the origin of and authority
for each term or condition, and identify any difference in form as
compared to the applicable requirement upon which the term or condition
is based.

(II)	The permit shall state that, where an applicable requirement of the
Federal Act is more stringent than the Federal regulations promulgated
under title IV of the Federal Act, both provisions shall be incorporated
into the permit and shall be enforceable by the Administrator.

(III)	Sources that qualify and choose an alternate emission standard
pursuant to the provisions of chapter 1200-3-21 shall be issued a permit
that contains the alternate standard with sufficient provisions to
ensure that any resulting emission limit has been demonstrated to be
quantifiable, accountable, enforceable and based upon replicable
procedures.

(ii)	Permit Duration - The Technical Secretary shall issue permits for a
fixed term of 5 years in the case of affected sources, and for a term
not to exceed 5 years in the case of all other sources.  Notwithstanding
this requirement, the Technical Secretary shall issue permits for solid
waste incineration units combusting municipal waste subject to standards
under section 129(e) of the Federal Act for a period not to exceed 12
years and shall review such permits at least every 5 years.

(iii)	Monitoring and related recordkeeping and reporting requirements:

(I)	Monitoring Requirements

I.	The Technical Secretary shall prescribe monitoring and related
recordkeeping and reporting requirements in accordance with the powers
granted to him at chapter 1200-3-10.

II.	Where the applicable requirement does not require periodic testing
or instrumental or noninstrumental monitoring (which may consist of
recordkeeping designed to serve as monitoring), periodic monitoring
shall be required sufficient to yield reliable data from the relevant
time period that are representative of the source’s compliance with
the permit, as required pursuant to item 1200-3-9-.02(11)(e)1(iii)(III).
 Such monitoring requirements shall assure use of such terms, test
methods, units, averaging periods, and other statistical conventions
consistent with the applicable requirements.  Recordkeeping provisions
shall be sufficient to meet the requirements of this sub-item
1200-3-9-.02(11)(e)(1)(iii)(I)II if it is the judgment of the Technical
Secretary that recordkeeping alone is sufficient to prove compliance;
and

III.	As necessary, the Technical Secretary may impose requirements
concerning the use, maintenance, and where appropriate, installation of
monitoring equipment or methods.

(II)	With respect to recordkeeping, the permit shall incorporate all
applicable recordkeeping requirements and require, where applicable, the
following:

I.	Records of required monitoring information that include the
following:

A.	The date, place as defined in the permit, and time of sampling or
measurements;

B.	The date(s) analyses were performed;

C.	The company or entity that performed the analysis;

D.	The analytical techniques or methods used;

E.	The results of such analyses; and

F.	The operating conditions as existing at the time of sampling or
measurement.

II.	Retention of records of all required monitoring data and support
information for a period of at least 5 years from the date of the
monitoring sample, measurement, report, or application.  Support
information includes all calibration and maintenance records and all
original strip chart recordings for continuous monitoring
instrumentation, and copies of all reports required by the permit.

(III)	With respect to reporting, the permit shall incorporate all
applicable reporting requirements and require the following:

I.	Submittal of reports of any required monitoring at least every 180
days.  All instances of deviations from permit requirements must be
clearly identified in such reports.  All required reports must be
certified by a responsible official consistent with part
1200-3-9-.02(11)(d)4.

II.	Prompt reporting of deviations from permit requirements, including
those attributable to upset, malfunction or emergency conditions as
defined in the permit and/or chapter 1200-3-20.  The provisions of Rule
1200-3-20-.03 shall define “prompt reporting” for periods in between
the 180 day reports in sub item 1200-3-9-.02(11)(e)1(iii)(III)I.

III.	Digital data accumulation which utilizes valid data compression
techniques shall be acceptable for compliance determination as long as
such compression does not violate an applicable requirement and its use
has been approved in advance by the Technical Secretary.

(iv)	Permits issued to affected sources shall contain a permit condition
that prohibits emissions exceeding any allowances that the source
lawfully holds under title IV of the Federal Act of the Federal
regulations promulgated thereunder and chapter 1200-3-30.

(I)	The permittee shall not be subject to the permit revision
requirements of subparagraph 1200-3-9-.02(11)(f) for increases in
emissions that are authorized by allowances acquired pursuant to the
acid rain program, provided that such increases do not require a permit
revision under any other applicable requirement.

(II)	No limit shall be placed on the number of allowances held by the
source.  The source may not, however, use allowances as a defense to
noncompliance with any other applicable requirement.

(III)	Any such allowance shall be accounted for according to the
procedures established in the Federal regulations promulgated under
title IV of the Federal Act and in State rules promulgated in chapter
1200-3-30.

(v)	The permit requirements of a permit issued pursuant to paragraph
1200-3-9-.02(11) are severable.   A dispute regarding one or more permit
requirements in such a permit does not invalidate or otherwise excuse a
permittee from their duty to comply with the remaining portion of the
permit.

(vi)	The following general provisions shall appear on each permit issued
pursuant to paragraph 1200-3-9-.02(11):

(I)	The permittee shall comply with all conditions of its permit.
Except for requirements specifically designated herein as not being
federally enforceable, non-compliance with the permit requirements is a
violation of the Federal Act and the Tennessee Air Quality Act and is
grounds for enforcement action; for a permit termination, revocation and
reissuance, or modification; or for denial of a permit renewal
application.  Non-compliance with permit conditions specifically
designated herein as not being federally enforceable is a violation of
the Tennessee Air Quality Act and may be grounds for these actions.

(II)	The need to halt or reduce activity is not a defense for
noncompliance.  It shall not be a defense for a permittee in an
enforcement action that it would have been necessary to halt or reduce
the permitted activity in order to maintain compliance with the
conditions of the permit.  However, nothing in this item shall be
construed as precluding consideration of a need to halt or reduce
activity as a mitigating factor in assessing penalties for noncompliance
if the health, safety or environmental impacts of halting or reducing
operations would be more serious than the impacts of continuing
operations.

(III)	The permit may be modified, revoked, reopened, and reissued, or
terminated for cause.  The filing of a request by the permittee for a
permit modification, revocation and reissuance, or termination, or of a
notification of planned changes or anticipated noncompliance does not
stay any permit condition.

(IV)	The permit does not convey any property rights of any sort, or any
exclusive privilege.

(V)	The permittee shall furnish to the Technical Secretary, within a
reasonable time, any information that the Technical Secretary may
request in writing to determine whether cause exists for modifying,
revoking and reissuing, or termination of the permit or to determine
compliance with the permit.  Upon request, the permittee shall also
furnish to the Technical Secretary copies of records required to be kept
by the permit.  If the permittee claims that such information is
confidential, the Technical Secretary may review that claim and hold the
information in protected status until such time that the Board can hear
any contested proceedings regarding confidentiality disputes.  If the
information is desired by EPA, the permittee may mail the information
directly to EPA.

(vii)	A permittee must pay fees in accordance with rule 1200-3-26.02 as
a condition of its permit.

(viii)	A permit revision will not be required under any approved
economic incentives, marketable permits, emissions trading and other
similar programs or process for changes that are provided for in the
permit.

(ix)	Reasonable anticipated operating scenarios may be established in
the permit to address variable operating modes at a source provided that
each scenario is fully addressed in the source’s application.  Such
scenarios are permissible only if:

(I)	The source, contemporaneously with making a change from one
operating scenario to another, shall record in a log at the permitted
facility the scenario under which it is operating;

(II)	The terms and conditions of each such alternate scenario shall meet
all applicable requirements and the rules of Division 1200-3.  The
Technical Secretary is authorized to extend the permit shield described
under part 1200-3-9-.02(11)(e)6 to all terms and conditions under each
operating scenario.

(x)	An applicant in possession of a certificate of alternate emission
control issued pursuant to the provisions of chapter 1200-3-21 may trade
emissions increases and decreases in the permitted facility to the
extent that said certificate allows for such trading.  The certificate
and its terms shall be made part of the permit and must conform to the
following requirements:

(I)	The certificate’s terms shall include all terms required under
part 1200-3-9-.02(11)(e)1 and part 1200-3-9-.02(11)(e)3 to determine
compliance; and

(II)	The certificate terms must meet all other applicable requirements
and the rules of Division 1200-3 that were not altered by the
certificate.  The Technical Secretary is authorized to extend the permit
shield described in part 1200-3-9-.02(11)(e)6 to all terms and
conditions that allow such increase and decreases in emissions.

2.	A permit issued under the provisions of paragraph 1200-3-9-.02(11) is
a permit issued pursuant to the requirements of title V of the Federal
Act and its implementing Federal regulations promulgated at 40 C.F.R.
part 70.  As such, the permittee is advised that:

(i)	All terms and conditions in a permit issued pursuant to paragraph
1200-3-9-.02(11) including any provisions designed to limit a source’s
potential to emit, are enforceable by the Administrator and citizens
under the Federal Act.

(ii)	Notwithstanding subpart 1200-3-9-.02(11)(e)2(i), the Technical
Secretary shall specifically designate as not being federally
enforceable under the Federal Act any terms and conditions included in
the permit that are not required under the Federal Act or under any of
its applicable requirements.  Terms and conditions so designated are not
subject to the requirements of subparagraphs 1200-3-9-.02(11)(f) and
1200-3-9-.02(11)(g), other than those contained in this part
1200-3-9-.02(11)(e)2.

3.	All permits issued pursuant to paragraph 1200-3-9-.02(11) shall
contain the following elements with respect to compliance:

(i)	Consistent with subpart 1200-3-9-.02(11)(e)1(iii), compliance
certification, testing, monitoring, reporting, and recordkeeping
requirements sufficient to assure compliance with the terms and
conditions of the permit.  Any document (including reports) required by
a permit issued pursuant to paragraph 1200-3-9-.02(11) shall contain a
certification by a responsible official that meets the requirements of
part 1200-3-9-.02(11)(d)4.

(ii)	Inspection and entry requirements that require that, upon
presentation of credentials and other documents as may be required by
law, the permittee shall allow the Technical Secretary or his authorized
representative to perform the following for the purposes of determining
compliance with the permit applicable requirements:

(I)	Enter upon the permittee’s at reasonable times premises where a
source subject to paragraph 1200-3-9-.02(11) is located or
emissions-related activity is conducted, or where records must be kept
under the conditions of the permit;

(II)	Have access to and copy, at reasonable times, any records that must
be kept under the conditions of the permit;

(III)	Inspect at reasonable times any facilities, equipment (including
monitoring and air pollution control equipment), practices, or
operations regulated or required under the permit; and

(IV)	As authorized by chapter 1200-3-10, sample or monitor at reasonable
times substances or parameters for the purpose of assuring compliance
with the permit or applicable requirements.

(V)	“Reasonable times” shall be considered to be customary business
hours unless reasonable cause exists to suspect noncompliance with the
Act, Division 1200-3 or any permit issued pursuant thereto and the
Technical Secretary specifically authorizes an inspector to inspect a
facility at any other time.

(iii)	A schedule of compliance consistent with that declared by the
applicant or as otherwise modified by the Technical Secretary utilizing
the Board approved application forms in part 1200-3-9-.02(11)(d)3.

(iv)	The requirement that the permittee submit progress reports
consistent with an applicable schedule of compliance and part
1200-3-9-.02(11)(d)3.  The reports shall be submitted at least
semiannually, or at a more frequent period if specified in the
applicable requirement or by the Technical Secretary.  Such progress
reports shall contain the following:

(I)	Dates for achieving the activities, milestones, or compliance
required in the schedule of compliance, and dates when such activities,
milestones or compliance were achieved; and

(II)	An explanation of why any dates in the schedule of compliance were
not or will not be met, and any preventative or corrective measures
adopted.

(v)	The permit shall include requirements for compliance certification
with terms and conditions contained in the permit, including emission
limitations, standards, or work practices.  Specifically, the permits
shall include each of the following:

(I)	The frequency (not less than annually or such more frequent periods
as specified in the applicable requirement or by the Technical
Secretary) of submissions of compliance certifications;

(II)	A means of monitoring the compliance of the source with its
emission limitations, standards and work practices.  The means of
monitoring shall conform to subpart 1200-3-9-.02(11)(e)1(iii).

(III)	A requirement that compliance certification include all of the
following (provided that the identification of applicable information
may cross-reference the permit or previous reports, as applicable):

I.	The identification of each term or condition of the permit that is
the basis of the certification;

II.	The identification of the method(s) or other means used by the owner
or operator for determining the compliance status with each term and
condition during the certification period, and whether such methods or
other means provide continuous or intermittent data.  Such methods and
other means shall include, at a minimum, the methods and means required
under subpart 1200-3-9-.02(11)(e)1.(iii).  If necessary, the owner or
operator also shall identify any other material information that must be
included in the certification to comply with section 113(c)(2) of the
Federal Act (see sub-item V), which prohibits knowingly making a false
certification or omitting material information;

III.	The status of compliance with the terms and conditions of the
permit for the period covered by the certification, based on the method
or means designated in sub-item 1200-3-9-.02(11)(e)3.(v)(III)II.  The
certification shall identify each deviation and take it into account in
the compliance certification. The certification shall also identify as
possible exceptions to compliance any periods during which compliance is
required and in which an excursion or exceedance as defined under
subparagraph 1200-3-9-.02(11)(b) occurred; and

IV.	Such other facts as the permitting authority may require to
determine the compliance status of the source.

V.	SECTION 113(c)(2) of the Federal Act SEC. 113. FEDERAL ENFORCEMENT.

A.	Criminal Penalties.-

B.	Any person who knowingly -

(A)	makes any false material statement, representation, or certification
in, or omits material information from, or knowingly alters, conceals,
or fails to file or maintain any notice, application, record, report,
plan, or other document required pursuant to this Act to be either filed
or maintained (whether with respect  to the requirements imposed by the
Administrator or by a State);

(B)	fails to notify or report as required under this Act; or

(C)	falsifies, tampers with, renders  inaccurate, or fails to install
any monitoring device or method required to be maintained or followed
under this Act shall, upon conviction, be punished by a fine pursuant to
title 18 of the United States Code, or by imprisonment for not more than
2 years, or both.  If a conviction of any person under this paragraph is
for a violation committed after a first conviction of such person under
this paragraph, the maximum punishment shall be doubled with respect to
both the fine and imprisonment.

(IV)	A requirement that all compliance certifications be submitted to
the Administrator as well as to the Technical Secretary; and

(V)	Such additional requirements as may be specified pursuant to
sections 114(a)(3) and 504(b) of the Federal Act.

(vi)	Any other compliance requirement deemed necessary by the Technical
Secretary may be imposed in the permit.

4.	General Permits

(i)	The Air Pollution Control Board may issue general permits for the
purpose of covering numerous similar sources that are owned or operated
by different persons at different facilities.  A general permit
satisfies the definition of a rule pursuant to the Uniform
Administrative Procedures Act, T.C.A. §4-5-101 et seq.  As such,
general permits must be promulgated as rules.  The general permit must
be subjected to the notice and an opportunity for public participation,
as specified in part 1200-3-9-.02(11)(f)8.  Further, the general permit
must comply with the other requirements applicable to permits issued
pursuant to paragraph 1200-3-9-.02(11).  The permit must specify the
eligibility criteria by which sources may qualify for the general
permit.  The general permits shall state the process by which a source
notifies the Technical Secretary that it intends to be authorized under
the general permit.  The general permit shall state the means by which
the Technical Secretary confirms that the source is covered by the
general permit or that the source requires an individual permit.
Notwithstanding the shield provisions of part 1200-3-9-.02(11)(e)6, the
source operating under the provisions of a general permit shall be
subject to enforcement action for operation without the permit required
by paragraph 1200-3-9-.02(11) if the source requested coverage under a
general permit by representing themselves to be eligible for a general
permit in their notice of intent and it is later determined that the
source does not qualify for the eligibility terms and conditions of the
general permit. General permits shall not be authorized for affected
sources under the acid rain program unless otherwise provided in
regulations promulgated under title IV of the federal Act or chapter
1200-3-30.

(ii)	Sources subject to the provisions of paragraph 1200-3-9-.02(11)
that would qualify for a general permit must submit a notice of intent
to the Technical Secretary for coverage under the terms of the general
permit or must apply for the standard major stationary source operating
permit consistent with subparagraph 1200-3-9-.02(11)(d) according to
their choice of permitting routes as detailed in this part
1200-3-9-.02(11)(e)4.  The Board may, in the general permit, provide for
the requirements for the notice of intent which may deviate from the
requirements of subparagraph 1200-3-9-.02(11)(d), provided that they
meet the requirements of title V of the federal Act, and include all
information necessary to determine qualifications for and to assure
compliance with, the general permit.  When the Technical Secretary
confirms that a source may operate under the terms of a general permit,
that action is not subject to public participation under part
1200-3-9-.02(11)(f)8 and shall not be a final permit action for purposes
of judicial review.

5.	Temporary Sources

The Technical Secretary may issue a single permit authorizing emissions
from similar operations by the same source owner or operator at multiple
temporary locations.  The operation must be temporary and involve at
least one change of location during the term of the permit.  No affected
source shall be permitted as a temporary source.  Permits for temporary
sources shall include the following:

(i)	Conditions that will assure compliance with all applicable
requirements at all authorized locations:

(ii)	Requirements that the owner or operator notify the Technical
Secretary at least 10 days in advance of each change in location; and

(iii)	Conditions that assure compliance with all other provisions of
this paragraph 1200-3-9-.02(11).

6.	Permit Shield

(i)	Except as provided in paragraph 1200-3-9-.02(11), the Technical
Secretary shall if requested by the applicant, expressly include in a
permit issued pursuant to paragraph 1200-3-9-.02(11) a provision stating
that compliance with the conditions of the permit shall be deemed
compliance with any applicable requirements as of the date of permit
issue, provided that:

(I)	Such applicable requirements are included and are specifically
identified in the permit; or

(II)	The Technical Secretary, in acting on the permit application or
revision, determines in writing that other requirements specifically
identified are not applicable to the source, and the permit includes the
determination or a concise summary thereof.

(ii)	A permit issued pursuant to paragraph 1200-3-9-.02(11) that does
not expressly state that a permit shield exists shall be presumed not to
provide such a shield.

(iii)	Nothing in this part or in any permit issued pursuant to paragraph
1200-3-9-.02(11) shall alter or affect the following:

(I)	The provisions of section 303 of the federal Act (emergency orders),
including the authority of the Administrator under that section.
Similarly, the provisions of T.C.A. 68-201-109 (emergency orders)
including the authority of the Governor under the section;

(II)	The liability of an owner or operator of a source for any violation
of applicable requirements prior to or at the time of permit issuance;

(III)	The applicable requirements of the acid rain program, consistent
with section 408(a) of the federal Act; or

(IV)	The ability of EPA to obtain information from a source pursuant to
section 114 of the federal Act.

7.	Emergency Provisions

(i)	Definition  An “emergency” means any situation arising from
sudden and reasonably unforeseeable events beyond the control of the
source, including acts of God, which situation requires immediate
corrective action to restore normal operation, and that causes the
source to exceed a technology based emission limitation under the permit
issued pursuant to paragraph 1200-3-9-.02(11), due to unavoidable
increases in emissions attributable to the emergency.  An emergency
shall not include noncompliance to the extent caused by improperly
designed equipment, lack of preventative maintenance, careless or
improper operation, or operator error.  For the purposes of this
definition, “permit issued pursuant to paragraph 1200-3-9-.02(11)”
shall also include any construction permit issued under the provisions
of rule 1200-3-9-.01 to a source subject to the permitting requirements
of paragraph 1200-3-9-.02(11).

(ii)	An emergency constitutes an affirmative defense to an enforcement
action brought against a source for noncompliance with such technology
based emission limitations if the conditions of subpart
1200-3-9-.02(II)(e)7(iii) are met.

(iii)	The affirmative defense of the emergency shall be demonstrated
through properly signed, contemporaneous operating logs, or other
relevant evidence that:

(I)	An emergency occurred and that the permittee can identify the
probable cause(s) of the emergency.  “Probable” must be supported by
a credible investigation into the incident that seeks to identify the
causes and results in an explanation supported by generally accepted
engineering or scientific principles.

(II)	The permitted facility was at the time being properly operated. In
determining whether or not a facility was being properly operated, the
Technical Secretary shall examine the source’s written standard
operating procedures which were in effect at the time of the
noncompliance and any other code as detailed below that would be
relevant to preventing the noncompliance.  Adherence to the source’s
standard operating procedures will be the test of adequate preventative
maintenance, careless operation, improper operation or operator error to
the extent that such adherence would prevent noncompliance.  The
source’s failure to follow recognized standards of practice to the
extent that adherence to such a standard would have prevented
noncompliance will disqualify the source from any claim of an emergency
and an affirmative defense.  The Board will specifically recognize the
National Fire Protection Association codes, the codes of the American
National Standards Institute, the codes of the American Society of
Testing Materials, the codes of the United States Department of
Transportation, the codes of the United States Occupational Safety and
Health Administration and any State of Tennessee statute or regulation
if applicable.  Recognition of these codes, statutes, regulations and
standards of practice is limited to the test of determining whether or
not a facility was operated properly for the purposes of preventing
actual (not potential) noncompliance and in no way should it be viewed
as the Board’s imposition of the standards administered by other
agencies, Boards, or organizations.

(III)	During the period of the emergency, the permittee took all
reasonable steps to minimize levels of emissions that exceeded the
emission standards, or other requirements in the permit.

(IV)	The permittee submitted notice of the emergency to the Technical
Secretary according to the notification criteria for malfunctions in
rule 1200-3-20-.03.  For the purposes of this item
1200-3-9-.02(11)(e)7(iii)(IV), “emergency” shall be substituted for
“malfunctions(s)” in rule 1200-3-20-.03 to determine the relevant
notification threshold.  The notice shall include a description of the
emergency, any steps taken to mitigate emissions, and corrective actions
taken.

(iv)	In any enforcement proceeding the permittee seeking to establish
the occurrence of an emergency has the burden of proof.

(v)	The provisions of this part 1200-3-9-.02(11)(e)7 are in addition to
any emergency, malfunction or upset requirement contained in Division
1200-3 or other applicable requirement.

(f)	Permit Issuance, Renewal, Reopening and Revision

1.	Action on an Application

(i)	A permit, permit modification, or renewal may be issued only if all
of the following conditions have been met:

(I)	The Technical Secretary has received a complete application for a
permit, permit modification, or permit renewal, except that a complete
application need not be received before issuance of a general permit
under part 1200-3-9-.02(11)(e)4;

(II)	Except for modifications qualifying for the minor permit
modification procedures under subpart 1200-3-9-.02(11)(f)5(ii) or
subpart 1200-3-9-.02(11)(f)5(iii), the Technical Secretary has complied
with the requirements for public participation under part
1200-3-9-.02(11)(f)8;

(III)	The Technical Secretary has complied with the requirements for
notifying and responding to affected States under part
1200-3-9-.02(11)(g)2;

(IV)	The conditions of the permit provide for compliance with all
applicable requirements and the requirements of paragraph
1200-3-9-.02(11);

(V)	The Administrator has received a copy of the proposed permit and any
notices required under part 1200-3-9-.02(11)(g)1 and part
1200-3-9-.02(11)(g)2, and has not objected to the issuance of the permit
under part 1200-3-9-.02(11)(g)3 within the time period specified
therein.

(ii)	Except as otherwise required by subparagraph 1200-3-30-.06(4)(d)
affected sources shall have final action taken on permit applications
filed with the

	Technical Secretary within 18 months of the date that they file their
complete permit application.  The Technical Secretary is authorized to
set the due date of their initial applications to mesh with their Phase
II acid rain permit applications such that their initial permit will
contain both acid rain requirements and standard emission/procedural
requirements.   The Technical Secretary is instructed to consider any
guidance promulgated by the Administrator relative to meshing Title V
and Title IV at affected facilities when setting such application
submittal dates.

(iii)	To the extent practicable, the Technical Secretary shall give
priority to the processing of operating permit applications to sources
which are subject to either paragraph 1200-3-9-.01(4) or paragraph
1200-3-9-.01(5).  Sources subject to paragraph 1200-3-9-.02(11) shall
have final action taken on permit applications filed with the Technical
Secretary within 18 months of the date that their application is deemed
complete.

(iv)	The Technical Secretary shall provide notice to the applicant of
whether the application is complete within 60 days of receipt of an
application in his office.  Unless the Technical Secretary requests
additional information or otherwise notifies the applicant of
incompleteness within 60 days of receipt of an application, the
application shall be deemed complete.  For modifications processed
through minor permit modification procedures, such as those in subpart
1200-3-9-.02(11)(f)5(ii) or subpart 1200-3-9-.02(11)(f)5(iii) a
completeness determination shall not be required of the Technical
Secretary.  An application that defaults to complete status through the
Technical Secretary’s failure to notify the applicant of its
incompleteness within 60 days of his receipt, does not relieve the
applicant of the duty to provide such supplemental information that the
Technical Secretary must have in order to process the permit
application.

(v)	The Technical Secretary shall provide a statement that sets forth
the legal and factual basis for the draft permit conditions (including
references to the applicable statutory or regulatory provisions).  The
Technical Secretary shall send this statement to EPA and to any other
person provided that such person requests the statement in writing and
pays a fee sufficient to pay for postage, copying costs and staff time
to respond to the request.

(vi)	The submittal of a complete operating permit application shall not
affect the requirement that any source have a construction permit as
required under rule 1200-3-9-.01.

2.	Requirement for a Permit

	Except as provided in the following sentence, item
1200-3-9-.02(11)(a)4(i)(I) Section 502(b)(10) changes, and item
1200-3-9-.02(11)(f)5(ii)(V) and item 1200-3-9-.02(11)(f)5(iii)(V), no
source subject to paragraph 1200-3-9-.02(11) may operate after the time
that it is required to submit a timely and complete application as
provided for in subpart 1200-3-9-.02(11)(d)1(i), except in compliance
with a permit issued pursuant to paragraph 1200-3-9-.02(11).
Consistent with the provisions of parts 1200-3-9-.02(11)(a)1 and 2, a
source subject to paragraph 1200-3-9-.02(11) that submits a timely and
complete application for permit issuance (including for renewal) will
not be considered in violation of paragraph 1200-3-9-.02(11) until the
Technical Secretary takes final action on the permit application, except
as otherwise noted in paragraph 1200-3-9-.02(11).  If the final action
on a permit by the Technical Secretary has been appealed to the Board as
a contested case, the application shield will remain in effect until
final action of the Board.  This protection shall cease to apply if,
subsequent to the completeness determination made pursuant to subpart
1200-3-9-.02(11)(f)1(iv), and as required by subpart
1200-3-9-.02(11)(d)1(ii), the applicant fails to submit by the deadline
specified in writing by the Technical Secretary any additional
information identified as being needed to process the application.

3.	Permit Renewal and Expiration

(i)	Permits that are being renewed are subject to the same procedural
requirements, including those for public participation, affected State
and EPA review, that apply to initial permit issuance; and

(ii)	Consistent with the provisions of part 1200-3-9-.02(11)(a)2 permit
expiration terminates the source’s right to operate unless a timely
and complete renewal application has been submitted consistent with part
1200-3-9-.02(11)(f)2 and item 1200-3-9-.02(11)(d)1(i)(III).

4.	Administrative Permit Amendments

(i)	An “administrative permit amendment” is a permit revision that:

(I)	Corrects typographical errors;

(II)	Identifies a change in the name, address, or phone number of any
person identified in the permit, or provides a similar minor
administrative change at the source;

(III)	Requires more frequent monitoring or reporting by the permittee;

(IV)	Allows for a change of ownership or operational control of a source
where the Technical Secretary determines that no other change in the
permit is necessary, provided that a transfer of ownership permit
application is filed consistent with the provisions of paragraph
1200-3-9-.03(6) and further provided that a written agreement containing
a specific date for transfer of permit responsibility, coverage, and
liability between the current and new permittee has been submitted to
the Technical Secretary;

(V)	Incorporates into the operating permit issued pursuant to paragraph
1200-3-9-.02(11) the requirements of a construction permit issued
pursuant to rule 1200-3-9-.01 provided that the construction permit
meets the requirements of subparagraph 1200-3-9-.02(11)(f), subparagraph
1200-3-9-.02(11)(g) and the compliance requirements of subparagraph
1200-3-9-.02(11)(e).

(ii)	Administrative permit amendments for purposes of the acid rain
portion of the permit shall be governed by regulations promulgated under
title IV of the federal Act and corresponding regulations in chapter
1200-3-30.

(iii)	Administrative permit amendment procedures shall be made according
to the following criteria:

(I)	The Technical Secretary shall take no more than 60 days from receipt
of a request for an administrative permit amendment to take final action
on such request, and may incorporate such changes without providing
notice to the public or affected States provided that he designates any
such permit revisions as having been made pursuant to part
1200-3-9-.02(11)(f)4.

(II)	After making an administrative permit amendment, the Technical
Secretary shall submit a copy of the revised permit to the
Administrator.

(III)	The source may implement the changes addressed in the request for
an administrative amendment immediately upon submittal of the request.

(iv)	The Technical Secretary may extend the permit shield as part of an
administrative permit amendment revision consistent with the provisions
of part 1200-3-9-.02(11)(e)6 for such revisions made pursuant to item
1200-3-9-.02(11)(f)4(i)(V) which meet the relevant requirements of
subparagraph 1200-3-9-.02(11)(e),  subparagraph 1200-3-9-.02(11)(f) and
subparagraph 1200-3-9-.02(11)(g) for significant permit modifications.

(v)	Proceedings to review and grant administrative permit amendments
shall be limited to only those parts of the permit for which cause to
amend exists, and not the entire permit.

5.	Permit Modifications

(i)	A permit modification is any revision to a permit issued pursuant to
paragraph 1200-3-9-.02(11) that cannot be accomplished as an
administrative permit amendment.  A permit modification for purposes of
the acid rain portion of the permit shall be governed by regulations
promulgated under Title IV of the federal Act and corresponding
regulations at chapter 1200-3-30.  Proceedings to review and modify
permits shall be limited to only those parts of the permit for which
cause to modify the permit exists, and not the entire permit.

(ii)	Minor permit modification procedures:

(I)	Minor permit modification procedures may be used only for those
permit modifications that:

I.	Do not violate any applicable requirement;

II.	Do not involve significant changes to existing monitoring, reporting
or recordkeeping requirements in the permit;

III.	Do not require or change a case-by-case determination of an
emission limitation or other standard required by the federal Act, or a
source-specific determination for temporary sources of ambient impacts
as required by the federal Act, or a visibility or increment analysis as
required by the federal Act;

IV.	Do not seek to establish or change a permit term or condition for
which there is no corresponding underlying applicable requirement and
that the source has assumed to avoid an applicable requirement to which
the source would otherwise be subject.  Such terms and conditions
include:

A.	A federally enforceable emissions cap assumed to avoid classification
as a modification under any provision of Title I of the federal Act.
Further, federally enforceable emission caps assumed to avoid
classification as a modification under chapter 1200-3-11, chapter
1200-3-16, Chapter 1200-3-31, paragraph 1200-3-9-.01(4) or paragraph
1200-3-9-.01(5) are included in the criteria of this section
1200-3-9-.02(11)(f)5(ii)(I)IV A.

B.	An alternate emission limit approved pursuant to section 112(i)(5) of
the federal Act or rule 1200-3-31-.06;

V.	Are not modifications under Title I  of the federal Act or the
federal regulations promulgated pursuant thereto.   Further, the minor
permit modification process may be used only for changes that are not
modifications under chapter 1200-3-11, Chapter 1200-3-31, chapter
1200-3-16, paragraph 1200-3-9-.01(4) or paragraph 1200-3-9-.01(5); and

VI.	Are not otherwise required in paragraph 1200-3-9-.02(11) to be
processed as a significant modification.

(II)	Application

	An application requesting the use of minor permit modification
procedures shall meet the requirements of part 1200-3-9-.02(11)(d)3 and
shall include the following:

I.	A description of the change, the emissions resulting from the change,
and any new applicable requirements that will apply if the change
occurs;

II.	The source’s suggested draft permit;

III.	Certification by a responsible official, consistent with part
1200-3-9-.02(11)(d)4, that the proposed modification meets the criteria
for use of minor permit modification procedures and a request that such
procedures be used; and

IV.	Completed forms for the Technical Secretary to use to notify the
Administrator and affected States as required under subparagraph
1200-3-9-.02(11)(g).

(III)	EPA and affected State notification.

	Within 5 working days of receipt of a complete permit modification
application the Technical Secretary shall notify the Administrator and
affected States of the requested permit modification consistent with the
provisions of subpart 1200-3-9-.02(11)(g)1(i) and subpart
1200-3-9-.02(11)(g)2(i).  The Technical Secretary shall promptly send
any notice required under subpart 1200-3-9-.02(11)(g)2(ii) to the
Administrator.

(IV)	The Technical Secretary shall not issue a final permit modification
until after EPA’s 45-day review period or until EPA has notified the
Technical Secretary that EPA will not object to the issuance of the
permit modification, whichever is first, although the Technical
Secretary can approve the permit modification prior to that time.
Within 90 days of the Technical Secretary’s receipt of an application
under minor permit modification procedures or 15 days after the end of
the Administrator’s 45-day review period under the provisions of
subpart 1200-3-9-.02(11)(g)3, whichever is later, the Technical
Secretary shall:

I.	Issue the permit modifications as proposed; or

II.	Deny the permit modification application; or

III.	Determine that the requested modification does not meet the minor
permit modification criteria and should be reviewed under the
significant modification procedures; or

IV.	Revise the draft permit modification and transmit to the
Administrator the new proposed permit modification as required by part
1200-3-9-.02(11)(g)1.

(V)	The source may make the change proposed in its minor permit
modification immediately after it files such application.  After the
source makes the change allowed by the preceding sentence, and until the
Technical Secretary takes any of the actions specified in sub items
1200-3-9-.02(11)(f)5(ii)(IV)I-III the source must comply with both the
applicable requirements governing the change and the proposed permit
terms and conditions.  During this time period, the source need not
comply with the existing permit terms and conditions it seeks to modify.
 However, if the source fails to comply with its proposed permit terms
and conditions during this time period, the existing permit terms and
conditions it seeks to modify may be enforced against it.

(VI)	Permit Shield - The permit shield under part 1200-3-9-.02(11)(e)6
may not extend to minor permit modifications.

(VII)	[Reserved]

(iii)	Group processing of minor permit modifications:

	A source may group its applications for certain modifications eligible
for minor permit modification processing according to the following
requirements:

(I)	Criteria - Group processing of modifications may be used only for
those permit modifications:

I.	That meet the criteria for minor permit modification procedures under
item 1200-3-9-.02(11)(f)5(ii)(I); and

II.	That are collectively below the least of the following threshold
criteria levels:

A.	10 percent of the emissions allowed by the permit for the emissions
unit for which the change is requested;

B.	20 percent of the applicable definition of “major source” in part
1200-3-9-.02(11)(b)14; or

C.	5 tons per year.

(II)	Application

	An application requesting the use of the group processing of minor
permit modifications procedure shall meet the requirements of part
1200-3-9-.02(11)(d)3 and shall include the following:

I.	A description of the change, the emissions resulting from the change,
and any new applicable requirements that will apply if the change
occurs;

II.	The source’s suggested draft permit;

III.	Certification by a responsible official consistent with part
1200-3-9-.02(11)(d)4, that the proposed modification meets the criteria
for use of group processing procedures and a request that such
procedures be used.

IV.	A list of the source’s other pending applications awaiting group
processing, and a determination of whether the requested modification,
aggregated with these other applications, equals or exceeds the
threshold set under sub item 1200-3-9-.02(11)(f)5(iii)(I)II.

V.	Certification, consistent with the provisions of part
1200-3-9-.02(11)(d)4, that the source has notified EPA of the proposed
modification.  Such notification need only contain a brief description
of the requested modification.

VI.	Completed forms for the Technical Secretary to use to notify the
Administrator and affected States as required under subparagraph
1200-3-9-.02(11)(g).

(III)	EPA and affected State Notification;

	On a quarterly basis or within 5 business days of receipt of an
application demonstrating that the aggregate of a source’s pending
applications equals or exceeds the threshold level set under sub item
1200-3-9-.02(11)(f)5(iii)(I)II, whichever is earlier, the Technical
Secretary promptly shall meet his obligation under subpart
1200-3-9-.02(11)(g)1(i) and subpart 1200-3-9-.02(11)(g)2(i) to notify
the Administrator and affected States of the requested permit
modifications.  The Technical Secretary shall send any notice required
under subpart 1200-3-9-.02(11)(g)2(ii) to the Administrator.

(IV)	Timetable for issuance;

	The provisions of item 1200-3-9-.02(11)(f)5(ii)(IV) shall apply to
modifications eligible for group processing except that the Technical
Secretary shall take one of the actions specified in subitems
1200-3-9-.02(11)(f)5(ii)(IV) I through IV within 180 days of receipt of
the application or 15 days after the end of the Administrator’s 45 day
review period under part 1200-3-9-.02(11)(g)3, whichever is later.

(V)	Source’s ability to make change;

	The provisions of item 1200-3-9-.02(11)(f)5(ii)(V) shall apply to
modifications eligible for group processing.

(VI)	Permit Shield

	The provisions of item 1200-3-9-.02(11)(f)5(ii)(VI) shall apply to
modifications eligible for group processing.

(iv)	Significant modification procedures

(I)	Criteria

	Significant modification procedures shall be used for applications
requesting permit modifications that do not qualify as minor permit
modifications or as administrative amendments.  In addition to the
criteria of the preceding sentence, a relaxation of monitoring,
reporting or recordkeeping requirements shall be considered significant.
 In the event that the Technical Secretary issues a statement of
clarification to clarify a permit requirement that is ambiguous or
otherwise unclear, such clarification will not be considered  a
significant modification if it results in the less restrictive
interpretation, provided however, that the less restrictive
interpretation was the intent of the Technical Secretary in issuing the
original permit requirement.  Nothing herein shall be construed to
preclude the permittee from making changes consistent with paragraph
1200-3-9-.02(11) that would render existing permit compliance terms and
conditions irrelevant.

(II)	Significant modifications shall meet all requirements of paragraph
1200-3-9-.02(11) including those for applications, public participation,
review by affected States, and review by EPA, as they apply to permit
issuance and permit renewal.  The Technical Secretary shall endeavor to
process all significant permit modification requests within 9 months
after receipt of a complete application.  The Technical Secretary is
directed to program the resources of the Department’s Division of Air
Pollution Control such that at least 51 percent of the significant
modification requests are processed within the 9 month period on a
calendar year basis.

6.	Reopening for Case

(i)	Each issued permit shall include provisions specifying the
conditions under which the permit will be reopened prior to the
expiration of the permit.  A permit shall be reopened and revised under
any of the following circumstances:

(I)	Additional applicable requirements under the federal Act become
applicable to a major source subject to paragraph 1200-3-9-.02(11) with
a remaining permit term of 3 or more years.  Such a reopening shall be
completed not later than 18 months after promulgation of the applicable
requirement.  No such reopening is required if the effective date of the
requirement is later than the date on which the permit is due to expire,
unless the original has been extended pursuant to part
1200-3-9-.02(11)(a)2.

(II)	Additional requirements (including excess emission requirements)
become applicable to an affected source under the acid rain program.
Upon approval by the Administrator, excess emissions offset plans shall
be deemed to be incorporated into the permit.

(III)	The Technical Secretary or EPA determines that the permit contains
a material mistake or that inaccurate statements were made in
establishing the emissions standards or other terms or conditions of the
permit.

(IV)	The Technical Secretary or EPA determines that the permit must be
revised or revoked to assure compliance with the applicable
requirements.

(ii)	Proceedings to reopen and issue a permit shall follow the same
proceedings as apply to initial permit issuance and shall affect only
those parts of the permit for which cause to reopen exists, and not the
entire permit.  Such reopening shall be made as expeditiously as
practicable.

(iii)	Reopening under subpart 1200-3-9-.02(11)(f)6(i) shall not be
initiated before a notice of such intent is provided to the permittee by
the Technical Secretary at least 30 days in advance of the date that the
permit is to be reopened except that the Technical Secretary may provide
a shorter time period in the case of an emergency.  An emergency shall
be established by the criteria of T.C.A. 68-201-109 or other compelling
reasons that public welfare is being adversely effected by the operation
of a source that is in compliance with its permit requirements.

7.	Reopenings for Cause by EPA

(i)	If the Administrator finds that cause exists to terminate, modify,
or revoke and reissue a permit pursuant to part 1200-3-9-.02(11)(f)6, he
is required under federal rules to notify the Technical Secretary and
the permittee of such findings in writing.  Upon receipt of such
notification, the Technical Secretary shall investigate the matter in
order to determine if he agrees or disagrees with the Administrator’s
findings.  If he agrees with the Administrator’s findings, the
Technical Secretary shall conduct the reopening in the following manner:

(ii)	The Technical Secretary shall within 90 days after receipt of such
notification, forward to EPA a proposed determination of termination,
modification, or revocation and reissuance, as appropriate.  If the
Administrator grants additional time to secure permit applications or
additional information from the permittee, the Technical Secretary shall
have the additional time period added to the standard 90 day time
period.

(iii)	EPA will evaluate the Technical Secretary’s proposed revisions
and respond as to their evaluation.

(iv)	If EPA agrees with the proposed revisions, the Technical Secretary
shall proceed with the reopening in the same manner prescribed under
subparts 1200-3-9-.02(11)(f)6(ii) and (iii).

(v)	If the Technical Secretary disagrees with either the findings of the
Administrator that a permit should be reopened or an objection of the
Administrator to a proposed revision to a permit submitted pursuant to
subpart 1200-3-9-.02(11)(f)7(ii), he shall bring the matter to the Board
at its next regularly scheduled meeting for instructions as to how he
should proceed.  The permittee shall be required to file a written brief
expressing their position relative to the Administrator’s objection
and have a responsible official present at the meeting to answer
questions of the Board.  If the Board agrees that EPA is wrong in their
demand for a permit revision, they shall instruct the Technical
Secretary to conform to EPA’s demand, but to issue the permit under
protest preserving all rights available for litigation against EPA.

8.	Public Participation

(i)	Except for modifications qualifying for minor permit modifications
procedures, all permit proceedings, including initial permit issuance,
significant modifications and renewals, shall provide adequate
procedures for public notice including offering an opportunity for
public comment and a hearing on the draft permit.  These procedures
shall include the following:

(I)	Notice shall be given by the applicant by publication in a newspaper
of general circulation in the area where the source is located or by
other means designated by the Technical Secretary if necessary to assure
adequate notice to the affected public.  The applicant shall bear the
expense of the newspaper notice.  Notice shall also be given by the
Technical Secretary to persons on a mailing list who meet the following
criteria:

I.	Such persons shall request to be on the list in writing on an annual
basis.

II.	Such persons shall pay a fee of $10.00 per year to the Department to
defray the cost of postage and handling and list management.

(II)	The notice shall identify the facility to be permitted; the name
and address of the permittee; the Technical Secretary and his address;
the activity or activities involved in the permit action; the emission
change involved in any permit modification; the name, address and
telephone number of a person from whom interested parties may obtain
additional information, including copies of the permit draft, the
application, all relevant supporting materials including the source’s
compliance plan and monitoring reports, and all other materials
available to the Technical Secretary that are relevant to the permit
decision.  These materials will be placed in a public depository for
public inspection.  Those persons unwilling to view these materials at
the public depositories may request copies to be mailed to them at a
cost of $0.50 (50 cents) per page.  The notice shall also include a
brief description of the comment procedure specified in part
1200-3-9-.02(11)(f)8; and the time and place of any hearing that may be
held, including a statement of procedures to request a hearing (unless a
hearing has already been scheduled);

(III)	The Technical Secretary shall provide such notice and opportunity
for participation by affected States as is provided for by subparagraph
1200-3-9-.02(11)(g);

(IV)	The Technical Secretary shall provide at least 30 days for public
comment and shall give notice of any public hearing at least 30 days in
advance of the hearing.

(V)	The Technical Secretary shall keep a record of the commentors and
also of the issues raised during the public participation process so
that the Administrator may fulfill his obligation under Section
505(b)(2) of the federal Act to determine whether a citizen petition may
be granted, and such records shall be available to both the public and
the applicant.

(g)	Permit Review by EPA and Affected States

1.	Transmission of Information to the Administrator

(i)	The Technical Secretary shall provide a copy of each permit
application submitted pursuant to the provisions of paragraph
1200-3-9-.02(11) to the Administrator.  Upon agreement with the
Administrator the Technical Secretary is permitted to send less than a
complete copy to the Administrator as long as the Administrator is
satisfied with the level of detail in the partial submittal.
Additionally, the Technical Secretary shall provide the Administrator a
copy of each proposed permit and each final permit that will be issued
to a source subject to the provisions of paragraph 1200-3-9-.02(11).

(ii)	The Technical Secretary shall keep for 5 years such records and
submit to the Administrator such information as the Administrator may
reasonably require to ascertain whether or not the provisions of
paragraph 1200-3-9-.02(11) are being followed.

2.	Review by affected States

(i)	The Technical Secretary shall give notice of each draft permit
prepared pursuant to the provisions of paragraph 1200-3-9-.02(11) to any
affected State on or before the time that he provides this notice to the
public under part 1200-3-9-.02(11)(f)8, except to the extent that
subpart 1200-3-9-.02(11)(f)5(ii) or subpart 1200-3-9-.02(11)(f)5(iii)
requires the timing of the notice to be different. The affected State
review and comment period shall close simultaneously with the closure of
the public review and comment period.  The affected States will have
thirty days to review and comment upon minor modifications.

(ii)	The Technical Secretary shall notify the Administrator and any
affected State in writing of his refusal to accept all recommendations
for the proposed permit that the affected State submitted during the
public or affected State review period.  Said notice shall be filed when
the proposed permit is sent to the Administrator or as soon as possible
after the submittal for minor permit modification procedures allowed
under subpart 1200-3-9-.02(11)(f)5(ii) or subpart
1200-3-9-.02(11)(f)5(iii).  The notice shall include the Technical
Secretary’s reasons for not accepting any such recommendation.  The
Technical Secretary is not required to accept recommendations that are
not based upon applicable requirements or the requirements of 40 C.F.R.
Part 70.

3.	EPA Objection

(i)	No permit for which an application must be transmitted to the
Administrator under part 1200-3-9-.02(11)(g)1 shall be issued if the
Administrator objects to its issuance in writing within 45 days of
receipt of the proposed permit and its level of supporting information
as prescribed in subpart 1200-3-9-.02(11)(g)1(i).

(ii)	The Technical Secretary shall respond to the objections of the
Administrator and restructure the permit consistent with the provisions
of the federal Act, federal regulations promulgated thereunder or any
lawfully promulgated federal policy and the provisions of the State Act,
the regulations comprising division 1200-3 and any policies of the
Board.

4.	Public Petitions to the Administrator

	Any person can petition the Administrator to object to a permit
according to the criteria of 40 C.F.R. 70.8(d).  An objection to a
permit by the Administrator that is filed in response to a public
petition under the provisions of paragraph 40 C.F.R. 70.8(d) shall be
answered by the Technical Secretary in the same manner prescribed by
subpart 1200-3-9-.02(11)(g)3(ii).  If the Technical Secretary has issued
the permit prior to the Administrator’s objection in response to a
public petition, the Administrator’s modification, revocation or
termination of the issued permit shall not cause the source to be in
violation of the requirement to have submitted a timely and complete
application as specified in part 1200-3-9-.02(11)(d)1 and in keeping
with the application shield provisions of part 1200-3-9-.02(11)(f)2.  If
the Technical Secretary disagrees with the Administrator’s objections
and demand for revision of the permit, the provisions of subpart
1200-3-9-.02(11)(f)7(v) shall apply.

Authority:  T.C.A. §§68-201-105 and 4-5-202 et. seq.  Administrative
History:  Original rule certified June 7, 1974.  Amendment filed and
effective February 9, 1977.  Amendment filed and effective March 21,
1979.  Amendment filed May 17, 1990; effective July 1, 1990.  Amendment
filed July 8, 1994; effective September 20, 1994.  Amendment filed May
11, 1998; effective July 25, 1998.  Amendment filed October 15, 1998;
effective December 28, 1998.  Amendment filed November 12, 1998;
effective January 26, 1999.  Amendment filed December 14, 1999;
effective February 27, 2000.  Amendment filed December 30, 1999;
effective March 14, 2000.

1200-3-9-.03 GENERAL PROVISIONS.

(1)	Irrespective of 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 data 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)	An operation and/or construction permit is not transferable from one
person to another person, nor from one air contaminant source to another
air contaminant source, nor from one location to another location.
Applications for construction permits by the new owner or operator of
the new air contaminant source, or by the owner or operator of the air
contaminant source at the new location shall be required as if there had
been no previous construction permit issued.  The new construction
permit will address only rules in effect at the time of its issuance.

(7)	The Technical Secretary may suspend or revoke any construction or
operating permit if the permit holder fails to comply with the
provisions, stipulations, or compliance schedules specified in the
permit; all provisions of these regulations; and all provisions of the
Tennessee Air Quality Act.  Upon permit suspension or revocation, if the
permit holder fails to take remedial action, he shall become immediately
subject to 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 1200-3. 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 1200-3. That is, simply the inclusion of such conditions
containing federal standards or requirements that are less restrictive
than standards or requirements in Division 1200-3 concerning the same
matter shall not thereby effect a relaxation of the more restrictive
provisions of Division 1200-3.

Authority:  T.C.A. §§68-25-105 and 4-5-202 et. seq.  Administrative
History:  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.

1200-3-9-.04 EXEMPTIONS.

(1)	The exemptions listed in paragraph (4) of this rule, do not apply if
an air contaminant source is subject to a standard or requirement
contained in the following except where specifically stated:

Chapter 1200-3-11   (Hazardous air contaminants)

Chapter 1200-3-18   (Volatile organic compounds)

Chapter 1200-3-19   (Emission standards and monitoring requirements for
additional control areas)

Chapter 1200-3-22   (Lead emission standards)

Chapter 1200-3-27   (Nitrogen oxides)

Paragraph 1200-3-31-.05(2) (Case by case determinations of  hazardous
air pollutant requirements)

In addition, the exemption provided for the air contaminant sources in
paragraph (4) of this rule does not exempt them from inclusion in
determining if a major stationary source or major modification
construction permit is required under paragraph 1200-3-9-.01(4) and
paragraph 1200-3-9-.01(5).

(2)	(a)	Definitions.

As used in paragraphs (1), (2), (3), and (4) of  this Rule, all terms
not defined herein shall have the meaning given them in Paragraph
1200-3-9-.02(11) and Chapter 1200-3-2 with the terms in Paragraph
1200-3-9-.02(11)  taking precedence over Chapter 1200-3-2.

1.	“Emissions unit” means any part or activity of a stationary
source that emits or has the potential to emit any regulated air
pollutant or any pollutant listed in paragraph 1200-3-31-.02(6).
Emissions unit includes within its meaning the smallest discrete or
identifiable structure, device, item, equipment, or enclosure or group
of discrete or identifiable structures, devices, items, equipment, or
enclosures that emit or have the potential to emit any regulated air
pollutant or any pollutant listed in paragraph 1200-3-31-.02(6).  A
point of origin of fugitive emissions resulting from equipment leaks of
individual pieces of equipment, e.g., valves, flanges, pumps, and
compressors, shall not be considered an individual emissions unit.  Such
equipment leaks shall be collectively considered an emissions unit based
on their relationship to the associated process unit and shall be
considered separately from other emissions from the process unit when
defining insignificant emissions.

2.	“Fugitive emissions” are those emissions which could not
reasonably pass through a stack, chimney, vent, or other
functionally-equivalent opening.

3.	“Insignificant activity” or “insignificant emissions unit”
means any activity or emissions unit at a stationary source for which
the emissions unit or activity has a potential to emit less than 5 tons
per year of each air contaminant and each regulated air pollutant that
is not a hazardous air pollutant,  and less than 1,000 pounds per year
of each hazardous air pollutant.

4.	“Potential to emit” means the maximum capacity of a stationary
source to emit any air pollutant under its physical and operational
design.  Any physical or operational limitation on the capacity of a
source to emit an air pollutant, including air pollution control
equipment and restrictions on hours of operation or on the type or
amount of material combusted, stored, or processed, shall be treated as
part of its design if the limitation is federally enforceable.

5.	“Process unit” means equipment assembled and connected by pipes
or ducts to manufacture an intended product.  A process unit can operate
independently if supplied with sufficient feed or raw materials and
sufficient storage facilities for the product.

6.	“Regulated air pollutant” has the same definition as found in
subparagraph 1200-3-9-.02(11)(b)19.

7.	“Stationary source” means any building, structure, facility, or
installation that emits or may emit any regulated air pollutant or any
pollutant listed under paragraph 1200-3-31-.02(6).

8.	“Applicable requirement” has the same definition as in part
1200-3-9-.02 (11)(b)5.

9.	“Federally enforceable” means any emission standard and/or
procedural requirement that can be enforced against an air contaminant
source by EPA or citizens under authority granted them by the Federal
Act.

10.	“Hazardous air pollutant” means any air contaminant regulated in
Chapter 1200-3-11, or listed in Chapter 1200-3-31-.02(6).

(b)	Notwithstanding the exemptions granted in paragraph 1200-3-9-.04(4),
no person shall discharge, from any source whatsoever, such quantities
of air contaminants or other materials which cause or have a tendency to
cause injury, detriment, annoyance, or adverse effect to the public.

(c)	Notwithstanding any other provision of Division 1200-3, no emissions
unit or activity subject to a federally enforceable applicable
requirement (other than generally applicable requirements of the state
implementation plan) shall qualify as an insignificant emissions unit or
activity.  For purposes of this paragraph, generally applicable
requirements of the state implementation plan are those federally
enforceable requirements that apply universally to all emission units or
activities without reference to specific types of emission units or
activities except for the sulfur dioxide standards for those categories
and classes included in Chapter 1200-3-14.

(d)	Designation of an emissions unit or activity as insignificant for
purposes of this rule does not exempt the unit or activity from any
applicable requirement.

(e)	The emissions from any exempt air contaminant source shall comply
with all applicable rules and regulations of the Tennessee Air Pollution
Control Board.

(3)	Any person may request that a federally enforceable permit be issued
for any of the air contaminant sources that are exempted in paragraph
1200-3-9-.04(4).  “Federally enforceable” shall have the meaning as
provided in paragraph 1200-3-9-.02(11).

(4)	The list of exempted air contaminant sources contained in this
paragraph shall not be used as “insignificant activities” or
“insignificant emission units” when applying for a major source
operating permit under paragraph 1200-3-9-.02(11). These exemptions
shall not be used to lower the source’s potential to emit below
“major source” applicability thresholds or to avoid any
“applicable requirement”.   Otherwise, no person shall be required
to obtain or file a request for a permit due to ownership, operation,
construction, or modification of the following  types of  air
contaminant sources  unless specifically required to do so by the Board
or as provided for in paragraph (3) of this rule:

(a)	Any  “insignificant activity” or “insignificant emissions
unit”:

In order to receive designation as an  “insignificant activity” or
“insignificant emissions unit”, a written notification  must be
submitted to the Technical Secretary.  The notification for designation
shall include calculations and sufficient documentation to substantiate
the applicant’s claim.  Upon receipt of the notification, the
Technical Secretary will respond with a determination of agreement or
disagreement with the applicant’s claim.   In issuance of
determination as “insignificant”, the Technical Secretary may base
the determination upon any criteria that are relevant to the
determination.  For new sources, the request for designation must be
made at least 30 days prior to the estimated starting date of
construction.  For new sources, if it is determined that the emissions
unit does not qualify as an “insignificant emissions unit”, the
source must apply for a construction permit.  The request for
designation as an “insignificant emissions unit” may be made at any
time for an existing source.  In the absence of being designated as an
“insignificant emissions unit” by the Technical Secretary under
subparagraph 1200-3-9-.04 (4)(a) or in the absence of being  exempt
under subparagraphs 1200-3-9-.04 (4)(b) or 1200-3-9-.04 (4)(c), any
emission unit or activity must have a valid construction and / or
operating permit.

(b)	The categorical emission units or activities listed in subparagraph
1200-3-9-.04(5)(f), excluding parts 1. and 2.

To be categorically insignificant, with the exception of parts 19. and
84., the emissions unit  or activity must have a potential to emit less
than 5 tons per year of each air contaminant and each regulated air
pollutant that is not a hazardous air pollutant, and less than 1,000
pounds per year of each hazardous air pollutant.  Such emission units or
activities, with the exception of parts 19. and 84., are not required to
be listed in the construction or operating permit applications for the
facility.

(c)	The emission units or activities listed in subparagraph
1200-3-9-.04(5)(g).  Such emission units or activities are not required
to be listed in the construction or operating permit applications for
the facility.

(d)	Any one of  the following  emission units or activities:

Such emission units or activities are not required to be listed in the
construction or operating permit applications for the facility.

1.	Fuel burning equipment of less than 500,000 Btu per hour capacity.
This exemption shall not apply where the total capacity of such
equipment operated by one person exceeds 2.00 million Btu per hour.

2.	 Single stack of an air contaminant source that emits no hazardous
air contaminants or pollutants, and which does not have the potential
for emitting more than 0.50 pounds per hour of nonhazardous particulates
and 0.5 pounds per hour of any regulated nonhazardous gas (particulates
and gases not defined as hazardous air contaminants or pollutants),
provided that the total potential particulate emissions from the air
contaminant source amounts to less than two (2) pounds per hour, and the
total regulated gaseous emissions from the air contaminant source
amounts to less than two (2) pounds per hour. For the purpose of this
part, an air contaminant source includes all sources located within a
contiguous area, and under common control.

3.	Any air contaminant source constructed and operated at a domestic
residence solely for domestic use.

4.	Equipment used exclusively to store, hold, or distribute natural gas
or propane excluding all associated fuel burning equipment not
specifically exempted.

5.	Brazing, soldering, or welding equipment which does not  emit lead in
amounts equal to or greater than 0.6 tons per year.

6.	Sources within the counties of Shelby, Davidson, Hamilton, and Knox
until such time as the Board shall determine that air pollution is not
being controlled in such county to a degree at least as stringent as the
substantive provisions of the Tennessee Air Quality Act and regulations
adopted pursuant thereto.  This exemption does not apply to any air
contaminant source in those counties if the local regulation is less
stringent than the applicable state regulation.

7.	Automobile body shops - including paint spraying, grinding and
polishing operations.  This exemption does not apply to sources in ozone
nonattainment areas which emit more than 15 pounds per day of volatile
organic compounds.

8.	Any process emission source emitting less than 0.1 pounds per hour of
a pollutant.

9.	Any emission unit with the potential to emit radionuclides which will
result in a dose to the most exposed member of the public of less than
0.1 millirem per year.  Even though radionuclide air contaminant sources
are regulated under Chapter 1200-3-11, this exemption is still valid
except that recordkeeping and reporting requirements must be met.

10.	Any modification (as defined in Rule 1200-3-2-.01) to an existing
process emission source, incinerator, or fuel-burning installation to
add sources of equipment leaks (e.g. valves, flanges, pumps,
compressors, etc.) as long as the estimated increase in annual emissions
attributable to the modification does not exceed 5 tons per year.
However, such emissions increases shall be considered when making major
modification determinations pursuant to paragraphs 1200-3-9-.01(4) and
(5).

11.	All livestock (including  poultry) operations and associated fuel
burning and incineration equipment.  This exemption from permitting
requirements does not extend to:

(i)	An incineration unit which has a manufacturer’s rated capacity
greater than 500  pounds per hour or has a total burner rated capacity
greater than 400,000 Btu per hour.

(ii)	An incineration unit into which is charged materials or wastes
other than livestock and poultry carcasses; or

(iii)	A commercial incineration unit.

12.	All storage tanks with a capacity less than 10,000 gallons and all
process tanks with a capacity less than 3,000 gallons.

13.	Mobile sources such as: automobiles, trucks, buses, locomotives,
planes, boats, and ships.  This exemption only applies to the emissions
from the internal combustion engines used exclusively to propel such
vehicles.

14.	Diesel fuel or fuel oil storage tanks with a capacity of forty
thousand (40,000) gallons or less.

15.	Surface coating and degreasing operations which do not exceed a
combined total usage of more than 60 gallons/month of coatings,
thinners, clean-up solvents, and degreasing solvents at any one plant
location, and does not exceed 1,000 pounds per year of each hazardous
air pollutant.

16.	Repair and maintenance, cleaning and degreasing operations which do
not exceed more than 145 gallons in any twelve (12) month period, and
does not exceed 1,000 pounds per year of each hazardous air pollutant.

17.	Fuel burning sources that are either gas fired or #2 oil fired with
a heat input rate under 10 million Btu/hour, where the combined total
heat input rate at each location does not exceed 10 million Btu/hour.

18.	Machining of metals where total solvent usage does not exceed more
than 60 gallons/month at any one plant location, and does not exceed
1,000 pounds per year of each hazardous air pollutant.

19.	Equipment used exclusively for steam or dry cleaning of fabrics,
plastics, rubber, wood, or vehicle engines or drive trains, provided the
total solvent usage on all equipment of this type at the same plant
location is less than 60.0 gallons per month, and does not exceed 1,000
pounds per year of each hazardous air pollutant.

20.	Heat treating, soaking, case-hardening, or surface conditioning of
metal objects, such as carbonizing, nitriding, carbonnitriding,
siliconizing, or diffusion treating using sweet natural gas or liquid
petroleum gas as in process fuel and where the heat input rate is under
10 million Btu per hour.

21.	Natural gas fired and #2 oil fired ovens which have no emissions
other than products of combustion which have a heat input rate under 10
million Btu per hour.

22.	Degreasing operations with solvent usage less than 30 gallons/month,
and where hazardous air pollutant emissions are less than 1,000 pounds
per year.

23.	Silk screen operations with solvent usage less than 30 gallons per
month, and where hazardous air pollutant emissions are less than 1,000
pounds per year.

24.	The procedures for the on-site remediation of soil or water
contaminated with organic compounds as follows:

(i)	Landspreading, aeration or bioremediation of contaminated soil.

(ii)	Negative pressure venting of contaminated soil, provided the
remediation is completed within 18 months and volatile organic compound
emissions do not exceed one (1) pound per hour.

(iii)	Installation and use of air strippers for treatment of
contaminated water, provided the remediation is completed within 18
months, and the emissions are no more than 5 tons per year of any
regulated pollutant that is not a hazardous air pollutant, and less than
1,000 pounds per year of each hazardous air pollutant.

(5)	Major Source Operating Permits Insignificant Emission Units

(a)	Definitions.

As used in this Rule, all terms not defined herein shall have the
meaning given them in Paragraph 1200-3-9-.02(11) and Chapter 1200-3-2
with the terms in Paragraph 1200-3-9-.02(11) taking precedence over
Chapter 1200-3-2.

1.	“Emissions unit” means any part or activity of a stationary
source that emits or has the potential to emit any regulated air
pollutant or any pollutant listed in paragraph 1200-3-31-.02(6).
Emissions unit includes within its meaning the smallest discrete or
identifiable structure, device, item, equipment, or enclosure or group
of discrete or identifiable structures, devices, items, equipment, or
enclosures that emit or have the potential to emit any regulated air
pollutant or any pollutant listed in paragraph 1200-3-31-.02(6).  A
point of origin of fugitive emissions resulting from equipment leaks of
individual pieces of equipment, e.g., valves, flanges, pumps, and
compressors, shall not be considered an individual emissions unit.  Such
equipment leaks shall be collectively considered an emissions unit based
on their relationship to the associated process unit and shall be
considered separately from other emissions from the process unit when
defining insignificant emissions.

2.	“Federal Act” has the same definition as found in subparagraph
1200-3-9-.02(11)(b).

3.	“Fugitive emissions” are those emissions which could not
reasonably pass through a stack, chimney, vent, or other
functionally-equivalent opening.

4.	“Insignificant activity” or “insignificant emissions unit”
means any activity or emissions unit which qualifies as insignificant
based on any one of  the following:

(i)	Any air emissions from an air emissions unit or activity at a
stationary source for which the emissions unit or activity has a
potential to emit less than 5 tons per year of  each regulated air
pollutant that is not a hazardous air pollutant, and less than 1,000
pounds per year of each hazardous air pollutant.  Such emission units
and activities or  types of emission units and activities must be listed
in the permit application.

(ii)	The emission unit or activity, with the exception of parts 19. and
84.,  is listed in subparagraph (5)(f) as not having to be included in a
Title V application.  For an activity listed in subparagraph (5) (f),
with the exception of parts 1., 2., 19., and 84.,   the emissions unit
or activity must have a potential to emit less than 5 tons per year of
each regulated air pollutant that is not a hazardous air pollutant, and
less than 1,000 pounds per year of each hazardous air pollutant.

(iii)	The emission unit or activity is listed in subparagraph (5)(g) as
not having to be included in a Title V application.

(iv)	Any emission unit with the potential to emit radionuclides which
will result in a dose to the most exposed member of the public of less
than 0.1 millirem per year.  Such emission unit must be listed in the
permit application.

(v)	Any emission units or activities considered by the Division to be
insignificant and approved by EPA.  The Division shall maintain a list
of emission units or activities which are considered to be insignificant
by the Division and EPA. Such emission units or activities must be
listed in the permit application.

5.	“Potential to emit” means the maximum capacity of a stationary
source to emit any air pollutant under its physical and operational
design.  Any physical or operational limitation on the capacity of a
source to emit an air pollutant, including air pollution control
equipment and restrictions on hours of operation or on the type or
amount of material combusted, stored, or processed, shall be treated as
part of its design if the limitation is enforceable by the
Administrator.  This term does not alter or affect the use of this term
for any other purposes under the Federal Act, or the term “capacity
factor” as used in title IV of the Federal Act or the Federal
regulations promulgated thereunder or chapter 1200-3-30.

6.	“Process unit” means equipment assembled and connected by pipes
or ducts to manufacture an intended product.  A process unit can operate
independently if supplied with sufficient feed or raw materials and
sufficient storage facilities for the product.

7.	“Regulated air pollutant” has the same definition as found in
subparagraph 1200-3-9-.02(11)(b).

8.	“Stationary source” means any building, structure, facility, or
installation that emits or may emit any regulated air pollutant or any
pollutant listed under paragraph 1200-3-31-.02(6).

9.	“Major source” has the same definition as in part
1200-3-9-.02(11)(b)14.

10.	“Applicable requirement” has the same definition as in part
1200-3-9-.02 (11)(b)5.

11.	“EPA” or the “Administrator” means the Administrator of the
EPA or his designee.

12.	“Permit revision” means any permit modification or
administrative permit amendment.

13.	“Renewal” means the process by which a permit is reissued at the
end of its term.

14.	“Federally enforceable” means any emission standard and/or
procedural requirement that can be enforced against an air contaminant
source by EPA or citizens under authority granted them by the Federal
Act.

15.	“Hazardous air pollutant” means any air contaminant regulated in
Chapter 1200-3-11, or listed in Chapter 1200-3-31-.02(6).

(b)	General

1.	This paragraph contains criteria for identifying insignificant
emission units or activities for purposes of issuance of major
stationary source operating permits, Paragraph 1200-3-9-.02(11).

2.	Notwithstanding the classifications as insignificant emissions units
or activities granted in this paragraph, no person shall discharge, from
any source whatsoever, such quantities of air contaminants or other
materials which cause or have a tendency to cause injury, detriment,
annoyance, or adverse effect to the public.

3.	Designation of an emission unit or activity as insignificant for
purposes of this paragraph and paragraph 1200-3-9-.02(11) does not
exempt the unit or activity from any applicable requirement.

4.	No insignificant activities or emission units shall be exempt from
inclusion in the permit application if the information omitted is needed
to:

(i)	Determine or impose any applicable requirement, or the requirement
to obtain a permit under paragraph 1200-3-9-.02(11).

(ii)	Determine if a source is major.

(c)	Applicable Requirements

1.	Notwithstanding any other provision of paragraph 1200-3-9-.02(11), no
emissions unit or activity subject to a federally enforceable applicable
requirement (other than generally applicable requirements of the state
implementation plan) shall qualify as an insignificant emissions unit or
activity.  For purposes of this paragraph, generally applicable
requirements of the state implementation plan are those federally
enforceable requirements that apply universally to all emission units or
activities without reference to specific types of emission units or
activities except for the sulfur dioxide standards for those categories
and classes included in Chapter 1200-3-14.

2.	The permit application shall list and the permit shall contain all
generally applicable requirements that apply to insignificant emission
units or activities at the major source.   For compliance purposes, the
Technical Secretary may require monitoring, recordkeeping, and reporting
for insignificant emission units or activities.

3.	Any emission unit  or activity which is a subset of a process
emission source, fuel burning installation, or incinerator, and which
has a potential to emit less than 5 tons per year of a regulated air
pollutant , by annual certification of compliance as required in item
1200-3-9-.02(11)(d)1.(ii)(I), may, at the discretion of the Technical
Secretary, be considered to meet the monitoring and related
recordkeeping and reporting requirements of subpart
1200-3-9-.02(11)(e)1.(iii) and 1200-3-10-.04(2)(b)(1), and the
compliance requirements of subpart 1200-3-9-.02(11)(e)3.(i)   for that
regulated air pollutant except where generally applicable requirements
of the state implementation plan specifically impose monitoring and
related record keeping and reporting requirements, or except where any
applicable procedures and methods are required pursuant to rule
1200-3-10-.04.   This provision shall not relieve any emissions unit or
activity from any applicable standard or requirement under  Chapters
1200-3-11 and 1200-3-31, and subparagraph 1200-3-2-.01(1)(dd).

(d)	(Reserved)

(e)	Documentation

1.	Upon request from the Technical Secretary the applicant must provide
sufficient documentation to enable the Technical Secretary to determine
that the emission unit or activity has been appropriately listed on the
permit application as insignificant.

2.	Upon request from the Technical Secretary, at any time during the
term of the permit, an applicant who lists an activity or emissions unit
as insignificant under subpart 1200-3-9-.04(5)(a)4.(i) of this paragraph
shall demonstrate to the Technical Secretary that the actual emissions
of the unit or activity are below the emission thresholds listed in that
subpart.

(f)	Unless specifically required under part 1200-3-9-.04(5)(b)4., the
following emission units or activities, or stationary sources that
qualify as ‘insignificant activities’, with the exception of parts
19. and 84. of this subparagraph, are not required to be included in a
permit application under paragraph 1200-3-9-.02(11).  For the following
listed activities to be considered insignificant, with the exception of
parts 1., 2., 19., and 84 of this subparagraph, the emissions unit or
activity  must have a potential to emit less than 5 tons per year of
each regulated air pollutant that is not a hazardous air pollutant and
less than 1000 pounds per year of each hazardous air pollutant. No
emissions unit or activity subject to a federally enforceable applicable
requirement (other than generally applicable requirements of the state
implementation plan) shall qualify as an insignificant emissions unit or
activity.

1.	Unpaved roadways and parking areas unless permits have specific
conditions limiting fugitive emissions.  This activity is not
insignificant if it is subject to new source performance standards for
nonmetallic mineral processing plants under Chapter 1200-3-16 or under
40 CFR part 60.

2.	Paved roadways and parking areas unless permits have specific
conditions limiting fugitive emissions.  This activity is not
insignificant if it is subject to new source performance standards for
nonmetallic mineral processing plants under Chapter 1200-3-16 or under
40 CFR part 60.

3.	Equipment used on farms for soil preparation, tending or harvesting
of crops, or for preparation of feed to be used on the farm where
prepared.  This activity is not insignificant if it is subject to new
source performance standards under Chapter 1200-3-16 or under 40 CFR
part 60.

4.	Barbecue pits and cookers; if the products are edible (intended for
human consumption), and are sold on site, or at one location.

5.	Vacuum pump exhausts when evacuating air conditioning units.  This
activity is not insignificant if emissions exhausted are subject to any
standard or other requirement of the regulations promulgated to protect
stratospheric ozone under title VI of the Federal Act.

6.	Wood smoking operations to cure tobacco in barns.

7.	Operations regulated under Chapter 1200-3-4 (Open Burning) of these
Regulations.

8.	Sewer vents.  This activity is not insignificant if it is subject to
the new source performance standards for petroleum refinery wastewater
systems under Chapter 1200-3-16 or under 40 CFR part 60.

9.	Natural gas mixing and treatment operations including sampling and
testing.  This activity is not insignificant if it is subject to the new
source performance standards for onshore natural gas processing plants
under Chapter 1200-3-16 or under 40 CFR part 60.

10.	Wire drawing including drawing coolants and lubricants provided that
they are water based.

11.	Air drying of wood.

12.	Washing of trucks and vehicles where no solvent cleaners are used.

13.	Sealing or cutting plastic film or foam with heat or hot wires
provided no chlorofluorocarbons (CFCs)s are emitted.

14.	Combustion units designed and used exclusively for comfort heating
purposes employing liquid petroleum gas, or propane or natural gas as
fuel.

15.	Water cooling towers (except for those at nuclear power plants),
water treating systems for process cooling water or boiler feedwater,
and water tanks, reservoirs, or other water containers designed to cool,
store, or otherwise handle water (including rainwater) that has not been
used in direct contact with gaseous or liquid process streams containing
carbon compounds, sulfur compounds, halogens or halogen compounds,
cyanide compounds, inorganic acids, or acid gases.  This activity is not
insignificant if chromium-based water treatment chemicals are used.

16.	Equipment used exclusively to store, hold, or distribute natural
gas.  This activity is not insignificant if it is subject to the new
source performance standards for onshore natural gas processing plants
under Chapter 1200-3-16 or under 40 CFR part 60.

17.	Gasoline, diesel fuel, and fuel oil handling facilities, equipment,
and storage tanks, except those subject to new source performance
standards and those subject to standards in Chapter 1200-3-18.  However,
facilities, equipment, and storage tanks which are subject only to
Chapter 1200-3-18 requirements for submerged fill and for maintenance of
records documenting quantities of gasoline, diesel fuel, and fuel oil
dispensed are entitled to the exemption provided by this paragraph,
despite the qualification of exemption specified in the first sentence
of this subparagraph.  This activity is not insignificant if it is
subject to the new source performance standards for bulk gasoline
terminals under Chapter 1200-3-16 or under 40 CFR part 60 and the Stage
I gasoline distribution MACT standard under Chapter 1200-3-31.

18.	Blast cleaning equipment using a suspension of abrasives in water.

19.	Laboratory equipment, used for research and development or for
chemical and physical analyses, including ventilating and exhaust
systems for laboratory hoods used for air contaminants.

20.	Equipment used for inspection of metal products.

21.	Portable, hand operated brazing, soldering, or welding equipment.
Portable means as being able to be moved by hand from one location to
another by an individual without the assistance of any motorized or
non-motorized vehicle, conveyance, or device.

22.	Equipment used for washing or drying products fabricated from metal
or glass, provided no volatile organic compounds (solvents) are used in
the process and that no oil or solid fuel is burned.

23.	Foundry sand mold forming equipment to which no heat is applied, and
from which no organics are emitted.

24.	Equipment used for compression molding and injection molding of
plastics which emit no hazardous air pollutants.

25.	Mixers, blenders, roll mills, or calendars for rubber or plastics
where no materials in powder form are added and in which no organic
solvents, dilluents, or thinners are used.

26.	Equipment used exclusively to package pharmaceuticals and cosmetics
or to coat pharmaceutical tablets where no hazardous air pollutants are
emitted.  Any associated fuel burning is not included.

27.	Electrically heated equipment used exclusively for heat treating,
soaking, case hardening, or surface conditioning of metal objects, such
as carbonizing, nitriding, carbonitriding, siliconizing, or diffusion
treating.

28.	Vacuum cleaning systems used exclusively for industrial, commercial,
or residential housekeeping purposes, except those systems used to
collect hazardous air contaminants regulated by Chapter 1200-3-11.

29.	Sewage treatment facilities (excluding combustion or incineration
equipment, land farms, storage silos for dry material, or grease trap
waste handling or treatment facilities).  This activity is not
insignificant if it is subject to new source performance standards for
volatile organic compounds emissions under Chapter 1200-3-16 or under 40
CFR part 60, MACT standard under Chapter 1200-3-31, and hazardous
organic NESHAP under 40 CFR part 63.

30.	Emergency smoke relief vents that activate only in the event of
fire.

31.	Alkaline/phosphate washers and associated burners.

32.	Outdoor kerosene heaters.

33.	Livestock and poultry feedlots.

34.	Wire insulation marking provided the marking materials are water
based.

35.	Portable equipment used for the on-site painting of buildings,
towers, bridges, and roads.

36.	Powder coating operations.

The following equipment, when used exclusively for emergency replacement
or standby service:

Internal combustion engines burning natural gas, gasoline, or diesel
fuel including stationary reciprocating engines, internal combustion
(IC) engine driven compressors, IC engine driven electric generator sets
and IC driven water pumps, and equipment components for gas dehydration
units, gas-oil separators, free water knockouts, iron sponge units,
production tank batteries, and natural gas liquids separation plants.

38.	Equipment used exclusively to mill or grind coatings and holding
compounds where all materials charged are in paste form.

39.	Stenciling of cartons or boxes for purposes of shipment and content
identification provided the inks are water based.

40.	Firefighting equipment and the equipment used for training of
firefighting.

41.	Clean steam condensate and steam relief vents where steam has not
contacted any process organics or other production materials.

42.	End paper labeling of books or other reading material provided no
organic or solvent based materials are used.

43.	Pressurized vessels designed to operate in excess of 30 psig storing
a petroleum fuel. This activity is not insignificant if it is subject to
new source performance standards for petroleum liquid storage vessels
under Chapter 1200-3-16 or under 40 CFR part 60.

44.	Herbicide and pesticide mixing, application, and storage activities
for on site use.

45.	Maintenance activities, such as:  machining of metals and plastic
curing for non-production related operations, vehicle repair shops,
carpenter shops, spraying, grinding and polishing operations,
maintenance shop vents, and miscellaneous non-production surface
cleaning, preparation, and painting operations.  Repairs not involving
structural changes where no new or permanent stationary source is
installed.  Internal combustion (IC) engine driven welders not part of a
production process.  Any maintenance activity is not insignificant if it
is part of a manufacturing process.

46.	Miscellaneous activities and equipment, such as:  aerosol spray
cans, cafeteria vents, locker room vents, photo copying, photographic
processes, blue print machines, decommissioned equipment, solid waste
dumpsters, fire training, and space heaters.  Miscellaneous means as
being unrelated to the primary business activity of the source.

47.	Cold storage refrigerator equipment powered by electric motors and
that do not use Class I or Class II ozone depleting substances.

48.	Sampling systems used to withdraw materials for testing and
analysis, and vents from process instrumentation systems, including area
monitors.

49.	Laboratories in primary and secondary schools and in schools of
higher education used for instructional purposes.

50.	Hydrovactor air separator tanks.

51.	Equipment used exclusively for rolling, forging, pressing, stamping,
spinning, or extruding either hot or cold plastics provided hazardous
air pollutants are not emitted.

52.	Grain, metal or mineral extrusion process.  This activity is not
insignificant if it is subject to new source performance standards for
metallic mineral processing plants under Chapter 1200-3-16 or under 40
CFR part 60.

53.	Bioremediation operations.

54.	Equipment used exclusively for rolling, forging, pressing, stamping,
spinning, drawing, or extruding either hot or cold metals.

55.	Equipment used exclusively for sintering of ceramics, glass or
metals, but not exempting equipment used for sintering metal-bearing
ores, metal scale, clay, fly ash, or metal compounds.  This activity is
not insignificant if it is subject to new source performance standards
for primary zinc smelters and glass manufacturing operations under
Chapter 1200-3-16 or under 40 CFR part 60.

56.	Equipment for the mining and screening of uncrushed native sand and
gravel.  This activity is not insignificant if it is subject to new
source performance standards for nonmetallic mineral processing plants
under Chapter 1200-3-16 or under 40 CFR part 60.

57.	Equipment used exclusively for mixing and blending water-based
adhesives and coatings at ambient temperatures.  Materials containing
less than 5 percent volatile organic compounds qualify as water-based
for purposes of this exemption.

58.	Pulp and paper industry, and cellulosic fiber industry insignificant
activities:  Any of the following activities is not insignificant if it
is subject to new source performance standards for kraft pulp mills
under Chapter 1200-3-16 or under 40 CFR part 60, and MACT standard under
Chapter 1200-3-31.

(i)	Ash sluice tanks

(ii)	Black liquor mix boxes (e.g., for sulfur addition)

(iii)	Caustic tanks

(iv)	Chemical spills less than reportable quantity

(v)	Deinking cell

(vi)	Demineralized water tanks

(vii)	Dredging

(viii)	Dregs washer

(ix)	Dryer can steam/condensate blowdown

(x)	Electrical charging station

(xi)	Green liquor clarifiers

(xii)	Green liquor tanks

(xiii)	Grinding/blasting for nondestructive testing of metals

(xiv)	High density pulp storage tanks

(xv)	Hydrapulper

(xvi)	Hydroblasting (e.g., evaporators)

(xvii)	Instrument air dryers and distribution

(xviii)	Lime mud filter filtrate tanks

(xix)	Lime mud piles

(xx)	Liquid sodium hydrosulfide storage tanks

(xxi)	Log flumes

(xxii)	Neutralized spent cooking acid tanks

(xxiii)	Oilers on chain, etc.

(xxiv)	Open containers

(xxv)	Paper machine “blowdown” with air for cleanup

(xxvi)	Pressure filters

(xxvii)	Pressurized pulp washers

(xxviii)	Process raw water treatment (e.g., phosphate)

(xxix)	Pulp tanks and stock chests

(xxx)	Railroad flares

(xxxi)	Saltcake storage tanks vented to the recovery system

(xxxii)	Slaker vents

(xxxiii)	Smelt spout cooling water tanks

(xxxiv)	Smelt spout covers (dog houses)

(xxxv)	Starch or dye make-down tanks

(xxxvi)	Strong black liquor tanks

(xxxvii)	Tank interior coatings (epoxy resins)

(xxxviii)	Turpentine loading

(xxxix)	Weak wash tanks

(xL)	Wheel barrows

(xLi)	White liquor clarifiers

(xLii)	White liquor oxidizer

(xLiii)	White liquor tanks

(xLiv)	Winder

59.	Steam heated wood drying kilns excluding chemically treated wood.

60.	Warehouse storage of packaged raw materials and finished goods
emitting no hazardous air pollutants.

61.	Electric stations, including transformers, and substations.  Any
activity is not insignificant if it is subject to MACT standard under
Chapter 1200-3-31.

62.	Groundwater monitoring wells.

63.	Lubricants and waxes used for machinery lubrication.

64.	Use of materials for marking and grading of lumber, and the storage
of lumber.

65.	Equipment used exclusively to package photographic chemicals, and
food preservatives excluding any associated fuel burning.

66.	Air purification systems.  This activity is not insignificant if
emissions exhausted are from any manufacturing or other industrial
processes and subject to any standard or other requirement of the
regulations promulgated to protect stratospheric ozone under title VI of
the Federal Act.

67.	Equipment used in the production of enteric food coatings.

68.	Equipment used in the production of aqueous inks in which no organic
solvents, dilutents, or thinners are used.

69.	Equipment used to transport or store process wastewater streams to a
wastewater treatment facility (i.e. floor drains, sumps, drain headers,
manhole covers).  This activity is not insignificant if it is subject to
the new source performance standards for petroleum refinery wastewater
systems under Chapter 1200-3-16 or under 40 CFR part 60.

70.	Drum melter operations for low-volatility solid and semi-solid
materials using steam or electrical heating.  This activity is not
insignificant if it is subject to the new source performance standards
for electric arc furnaces under Chapter 1200-3-16 or under 40 CFR part
60.

71.	Vacuum producing equipment including vacuum seal pots and vacuum
pumps.  Any associated internal combustion engines are excluded.

72.	Presses used exclusively for extruding metals, minerals, plastics,
rubber, or wood except where halogenated carbon compounds or hydrocarbon
organic solvents are used as foaming agents.  Presses used for extruding
scrap materials or reclaiming scrap materials are not exempt.

73.	Tank trucks, railcars, barges, and trailers excluding transfer
operations at loading and unloading stations, and internal cleaning
operations.

74.	Portable dumpsters and other containers for liquids (excluding
transfer operations), and solid waste dumpsters, including handling
equipment and associated  activities.

75.	Environmental field sampling activities.

76.	Parts washer where the vapor pressure of cleaners is less than 1.52
psia.  Any activity is not insignificant if it is subject to the
halogenated solvent cleaning MACT standard under Chapter 1200-3-31.

77.	Instrument air dryers and distribution.

78.	Automatic oiling operations (e.g., oiler on chains).

79.	Machine blowdown with air for cleanup.

80.	Storage tanks of any size containing exclusively soaps, detergents,
surfactants, waxes, glycerine, vegetable oils, greases, animal fats,
sweeteners, corn syrup, aqueous salt solutions or aqueous caustic
solutions provided an organic solvent has not been mixed with such
materials.  This activity is not insignificant if appropriate lids and /
or covers are not utilized.

81.	Loading and unloading systems for railcars, tank trucks, or
watercraft that handle only the following liquid materials provided an
organic solvent has not been mixed with such materials:  soaps,
detergents, surfactants, waxes, glycerine, vegetable oils, greases,
animal fats, sweeteners, corn syrup, aqueous salt solutions, or aqueous
caustic solutions. This activity is not insignificant if appropriate
lids and / or covers are not utilized.

82.	Sanitary sewer systems.

83.	Treatment systems for potable water.

84.	Any pilot plant provided that the following conditions are
satisfied:

(i)	Pilot plant facilities which demonstrate to the satisfaction of the
Technical Secretary, that such facilities do not significantly impact
ambient air quality.  Air quality modeling may be required by the
Technical Secretary.

(ii)	The facility is constructed and operated only for the purpose of:

(I)	Testing the manufacturing or marketing potential of a proposed
product, or

(II)	Defining the design of a larger plant or future processes, or

(III)	Studying the behavior of an existing plant through modeling in the
pilot plant.

85.	Sodium hypochlorite storage tanks.

86.	Industrial-Commercial-Institutional Steam Generating Facility
exemptions are as follows:  Any of the following activities is not
insignificant if it is subject to new source performance standards for
steam-generating facilities under Chapter 1200-3-16 or under 40 CFR part
60.

(i)	Bunker room exhaust

(ii)	Coal sampling and weighing operations

(iii)	Alternative solid fuel handling

(iv)	Vents from ash transport systems not operating at positive pressure
(e.g. ash hoppers)

(v)	Coal combustion by-product disposal (except for dry stacking and
intermittent ash hauling and disposal)

(vi)	Building ventilation other than boiler room, coal handling, and ash
loading (e.g. turbine room, battery room)

(vii)	Lubrication of equipment

(viii)	Hydrogen vents

(ix)	Steam vents

(x)	Air compressor and distribution systems

(xi)	Emergency equipment

(xii)	Fugitive dust from operation of a passenger automobile, station
wagon, pickup truck, or van.

(xiii)	Pressure relief valves

(xiv)	Test gases and bottled gases

(xv)	Emissions from a laboratory.  If a facility manufactures or
produces products for profit in any quantity, it may not be considered
to be a laboratory under this item.  Support part of the laboratory.
Support activities do not include the provision of power to the
laboratory from sources that provide power to multiple projects or from
sources which would otherwise require permitting, such as boilers that
provide power to an entire facility.

(xvi)	Safety devices such as fire extinguishers

(xvii)	Equipment used for hydraulic or hydrostatic testing

(xviii)	Food preparation for onsite consumption

(xix)	Oil vapor extractor (e.g. turbine seal oil, turbine lube oil)

87.	Sulfuric acid tanks.  This activity is not insignificant if it is
subject to new source performance standards for sulfuric acid plants
under Chapter 1200-3-16 or under 40 CFR part 60.

88.	Soil “borrow” pits.  This activity is not insignificant if it is
subject to new source performance standards for nonmetallic mineral
processing plants under Chapter 1200-3-16 or under 40 CFR part 60.

89.	Phosphoric acid tanks.  This activity is not insignificant if it is
subject to new source performance standards for phosphate fertilizer
industry under Chapter 1200-3-16 or under 40 CFR part 60.

90.	Sodium carbonate tanks.

91.	Firearms, firing ranges, and protective services facilities.

92.	Physical testing of air filtration.  This activity is not
insignificant if emissions exhausted are from any manufacturing or other
industrial processes and subject to any standard or other requirement of
the regulations promulgated to protect stratospheric ozone under title
VI of the Federal Act.

93.	Safe venting of compressed gas cylinders which have lost structural
integrity.

94.	Testing, inspection, cleaning or drying of personal protective
equipment such as respirators, clothing, gloves, shoe scuffs, etc.

95.	Equipment used to process or handle solid materials or solid wastes
such as bottle smashers, bulb crushers, balers, compactors, and can
puncturers.

(g)	Unless specifically required under part 1200-3-9-.04(5)(b)4., the
following emission units or activities, or stationary sources that
qualify as ‘insignificant activities’ are not required to be
included in a permit application under paragraph 1200-3-9-.02(11).

1.	Combustion emissions from propulsion of mobile sources, except for
vessel emissions from Outer Continental Shelf sources.

2.	Air-conditioning units used for human comfort that do not have
applicable requirements under title VI of the Act.

3.	Ventilating units used for human comfort that do not exhaust air
pollutants into the ambient air from any manufacturing/industrial or
commercial process.

4.	Non-commercial food preparation.

5.	Consumer use of office equipment and products, not including printers
or businesses primarily involved in photographic reproduction.

6.	Janitorial services and consumer use of janitorial products.

7.	Internal combustion engines used for landscaping purposes.

8.	Laundry activities, except for dry-cleaning and steam boilers.

9.	Bathroom/toilet vent emissions.

10.	Emergency (backup) electrical generators at residential locations.

11.	Tobacco smoking rooms and areas.

12.	Blacksmith forges.

13.	Plant maintenance and upkeep activities (e.g., grounds-keeping,
general repairs, cleaning, painting, welding, plumbing, re-tarring
roofs, installing insulation, and paving parking lots) provided these
activities are not conducted as part of a manufacturing process, are not
related to the source’s primary business activity, and not otherwise
triggering a permit modification.

14.	Repair or maintenance shop activities not related to the source’s
primary business activity, not including emissions from surface coating
or de-greasing (solvent metal cleaning) activities, and not otherwise
triggering a permit modification.

15.	Portable electrical generators that can be moved by hand from one
location to another.

16.	Hand-held equipment for buffing, polishing, cutting, drilling,
sawing, grinding, turning or machining wood, metal or plastic.

17.	Brazing, soldering and welding equipment, and cutting torches
related to manufacturing and construction activities that do not result
in emission of HAP metals.

18.	Air compressors and pneumatically operated equipment, including hand
tools.

19.	Batteries and battery charging stations, except at battery
manufacturing plants.

20.	Storage tanks, vessels, and containers holding or storing liquid
substances that will not emit any VOC or HAP.

21.	Storage tanks, reservoirs, and pumping and handling equipment of any
size containing soaps, vegetable oil, grease, animal fat, and
nonvolatile aqueous salt solutions, provided appropriate lids and covers
are utilized.

22.	Equipment used to mix and package, soaps, vegetable oil, grease,
animal fat, and nonvolatile aqueous salt solutions, provided appropriate