Section 1200-03-06-.01 - GENERAL NON-PROCESS EMISSIONS(1) No person shall cause, suffer, allow, or permit emissions in excess of the standards in this Chapter.(2) In any area where one or more sources are emitting particulates at rates in conformity with applicable maximum allowable emission rates and the ambient air quality standard for particulate matter is being exceeded, the Board shall be responsible for setting an appropriate emission standard for each source contributing to the particulate matter in the ambient air of the area, at such value as the Board may consider necessary to achieve the desired air quality. Certain areas in the state have been identified as needing additional control beyond that required by this Chapter. These areas and the additional control requirements are stated in Chapter 1200-03-19.(3) The owner or operator of an existing fuel burning installation proposing to make a modification of this source or to rebuild or replace it shall only take such action if it will result in the source meeting the maximum allowable emission standards for a new fuel burning installation.(4) As used in this Chapter, existing installations or equipment shall mean such as were under construction or in operation prior to April 3, 1972 and non-portable equipment which was not relocated more than 1.0 km from the previous position after November 6, 1988.(5) For the purpose of determining the applicable emission standards in this chapter, a change in fuel from natural gas, propane, butane, and/or fuel oil to any of these herein named fuels and any required alterations to existing fuel burning equipment to accommodate these fuels shall not be considered a modification. This shall not apply to sources identified in rule 1200-3-9-.01(4). However, the allowable emissions for the source will not change unless Best Available Control Technology is required.(6) Regardless of the specific emission standards contained in this Chapter a new or modified non-process source locating in or significantly impacting upon a nonattainment area shall comply with the provisions of 1200-3-9-.01(5) prior to receiving a construction permit.(7) Upon mutual agreement of the owner or operator of any air contaminant source and the Technical Secretary, an emission limit more restrictive than that otherwise specified in this Chapter may be established. The emission limit shall be stated as a special condition for any permit or order issued concerning the source. Violation of this agreed to, more stringent emission standard is grounds for revocation of the issued permit and/or other enforcement measures provided for in the Tennessee Air Quality Act.(8) Regardless of the specific emission standards contained in this chapter, all non-process sources identified in 1200-3-9-.01(4) of these regulations shall comply with the standards set pursuant to chapter 1200-3-9.Tenn. Comp. R. & Regs. 1200-03-06-.01
Original rule certified June 7, 1974. Amendment filed January 10, 1977; effective date February 9, 1977. Amendment filed May 17, 1978; June 16, 1978. Amendment filed February 5, 1979; effective March 21, 1979. Amendment filed May 7, 1979, June 21, 1979. Amendment filed September 21, 1988; effective November 6, 1988.Authority: T.C.A. §§ 68-25-105 and 4-5-202.