Section 1200-03-09-.04 - EXEMPTIONS(1) The permit 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 if the air contaminant source belongs to a source category listed in paragraph (5) of Rule 1200-03-09-.07, even if the source itself is not eligible for authorization, or except where specifically stated: Chapter 0400-30-38 (Emission Standards for Hazardous Air Pollutants);
Chapter 1200-03-18 (Volatile Organic Compounds);
Chapter 1200-03-19 (Emission Standards and Monitoring Requirements for Additional Control Areas);
Chapter 1200-03-22 (Lead Emission Standards);
Chapter 1200-03-27 (Nitrogen Oxides); and
Paragraph (2) of Rule 1200-03-31-.05 (Standards for New Sources).
In addition, the exemption provided for the air contaminant sources in paragraph (4) of this rule does not exempt the sources from inclusion in determining if a major stationary source or major modification construction permit is required under paragraphs (4) and (5) of Rule 1200-03-09-.01.
(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 1200-03-09-.02(11) and Chapter 1200-03-02 with the terms in Paragraph 1200-03-09-.02(11) taking precedence over Chapter 1200-03-02.
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 1200-03-31-.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 1200-03-31-.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 the 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 unless specifically excluded from designation as an insignificant activity or insignificant emissions unit elsewhere in this Division 1200-03 or Division 0400-30.4. "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 1200-03-09-.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 1200-03-31-.02(6).8. "Applicable requirement" has the same definition as in part 1200-03-09-.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 0400-30-38, or listed in paragraph (6) of Rule 1200-03-31-.02.(b) Notwithstanding the permit exemptions granted in paragraph (4) of this rule, 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 1200-03 and Division 0400-30, no emissions unit or activity subject to a federally enforceable applicable requirement not included in this Division 1200-03 or Division 0400-30 (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 1200-03-14.(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 1200-03-09-.04(4). "Federally enforceable" shall have the meaning as provided in paragraph 1200-03-09-.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 1200-03-09-.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 1200-03-09-.04(4)(a) or in the absence of being exempt under subparagraphs 1200-03-09-.04(4)(b) or 1200-03-09-.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 1200-03-09-.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 1200-03-09-.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 0.5 tons per year.6. Sources that are not owned or operated by the State 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 not subject to the requirements of 40 C.F.R. 63 subpart HHHHHH, 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 0400-30-38, this exemption is still valid except that recordkeeping and reporting requirements must be met.10. Any modification (as defined in Rule 1200-03-02-.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 1200-03-09-.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 do 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 do 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.25. Temporary-use air curtain destructors or temporary-use air curtain incinerators used in disaster recovery solely for disposal of materials resulting from a natural disaster, and when conducted in conformity with the following conditions: (i) Fires disposing of structural and household materials and vegetation are allowed only when those structures or materials are destroyed or severely damaged by natural disaster. The air curtain destructor or air curtain incinerator shall only be used to combust debris in an area declared a State of Emergency by a local or State government, or the President, under the authority of the Stafford Act, has declared that an emergency or a major disaster exists in the area. Input from Emergency Management personnel may be requested in determining qualification with this criterion.(ii) The maximum rated capacity for each temporary-use air curtain destructor or temporary-use air curtain incinerator shall not exceed 35 tons per day per unit.(iii) The persons using temporary-use air curtain destructors or temporary-use air curtain incinerators under this provision must make a reasonable effort to remove all tires and other rubber products, vinyl shingles and siding, vinyl flooring, carpet, other plastics, asphalt shingles and other asphalt roofing materials, and/or asbestos containing materials from the materials to be burned before ignition. The Technical Secretary reserves the right to inspect the proposed materials to be burned before ignition. The alternative use of chippers and grinders, landfilling, or on-site burial of waste in lieu of burning, if lawful, is encouraged.(iv) The person responsible for such burning must notify the Division of Air Pollution Control of the proposed location. The notification must be delivered to the Division of Air Pollution Control at the appropriate regional Environmental Field Office at least three (3) days prior to commencing the burn. The Division may request that alternate sites be identified to minimize impact to air quality. The alternative use of chippers and grinders in lieu of burning is encouraged.(v) No fire shall be ignited while any air pollution emergency episode is in effect in the area of the burn.(vi) The air curtain destructor or air curtain incinerator shall only be used during a period that begins on the date the unit started operation and lasts 8 weeks or less within the boundaries of the same emergency or disaster declaration area.(vii) Disposal via temporary-use air curtain destructors or temporary-use air curtain incinerators conducted under this exception is only allowed where no other safe and/or practical means of disposal is available.(viii) The Technical Secretary reserves the right to require a person to cease or limit burning if emissions from the air curtain destructor or air curtain incinerator are deemed by the Technical Secretary or his designee to jeopardize public health or welfare, create a public nuisance or safety hazard, create a potential safety hazard, or interfere with the attainment or maintenance of the air quality standards.(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 1200-03-09-.02(11) and Chapter 1200-03-02 with the terms in Paragraph 1200-03-09-.02(11) taking precedence over Chapter 1200-03-02.
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 1200-03-31-.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 1200-03-31-.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 1200-03-09-.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 1200-03-30.6. "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 1200-03-09-.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 1200-03-31-.02(6).9. "Major source" has the same definition as in part 1200-03-09-.02(11)(b)14.10. "Applicable requirement" has the same definition as in part 1200-03-09-.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 0400-30-38 or listed in paragraph (6) of Rule 1200-03-31-.02.(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 1200-03-09-.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 1200-03-09-.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 1200-03-09-.02(11).(ii) Determine if a source is major.(c) Applicable Requirements1. Notwithstanding any other provision of paragraph (11) of Rule 1200-03-09-.02, no emissions unit or activity subject to a federally enforceable applicable requirement not included in this Division 1200-03 or Division 0400-30 (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 1200-03-14.2. 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 (11)(d)1.(ii)(I) of Rule 1200-03-09-.02, may, at the discretion of the Technical Secretary, be considered to meet the monitoring and related recordkeeping and reporting requirements of subpart (11)(e)1.(iii) of Rule 1200-03-09-.02 and part (2)(b)1. of Rule 1200-03-10-.04, and the compliance requirements of subpart (11)(e)3.(i) of Rule 1200-03-09-.02 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 1200-03-10-.04. This provision shall not relieve any emissions unit or activity from any applicable standard or requirement under Chapters 0400-30-38 and 1200-03-31, and subparagraph (1)(dd) of Rule 1200-03-02-.01.(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 1200-03-09-.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 (b)4. of this paragraph, 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 (11) of Rule 1200-03-09-.02. 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 1,000 pounds per year of each hazardous air pollutant. No emissions unit or activity subject to a federally enforceable applicable requirement not included in this Division 1200-03 or Division 0400-30 (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 0400-30-39 or under 40 C.F.R. 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 0400-30-39 or under 40 C.F.R. 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 0400-30-39 or under 40 C.F.R. 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 1200-03-04 (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 0400-30-39 or under 40 C.F.R. 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 0400-30-39 or under 40 C.F.R. Part 60.10. Wire drawing including drawing coolants and lubricants provided that they are water based.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) 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 0400-30-39 or under 40 C.F.R. 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 1200-03-18. However, facilities, equipment, and storage tanks which are subject only to Chapter 1200-03-18 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 0400-30-39 or under 40 C.F.R. Part 60 and the Stage I gasoline distribution MACT standard under Chapter 1200-03-31.18. 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 0400-30-38.29. 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 0400-30-39 or under 40 C.F.R. Part 60, MACT standard under Chapter 1200-03-31, and hazardous organic NESHAP under 40 C.F.R. 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.37. 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 0400-30-39 or under 40 C.F.R. 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 0400-30-39 or under 40 C.F.R. 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 0400-30-39 or under 40 C.F.R. 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 0400-30-39 or under 40 C.F.R. 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 0400-30-39 or under 40 C.F.R. Part 60, and MACT standard under Chapter 1200-03-31.(ii) Black liquor mix boxes (e.g., for sulfur addition)(iv) Chemical spills less than reportable quantity(vi) Demineralized water tanks(ix) Dryer can steam/condensate blowdown(x) Electrical charging station(xi) Green liquor clarifiers(xiii) Grinding/blasting for nondestructive testing of metals(xiv) High density pulp storage tanks(xvi) Hydroblasting (e.g., evaporators)(xvii) Instrument air dryers and distribution(xviii) Lime mud filter filtrate tanks(xx) Liquid sodium hydrosulfide storage tanks(xxii) Neutralized spent cooking acid tanks(xxiii) Oilers on chain, etc.(xxv) Paper machine "blowdown" with air for cleanup(xxvii) Pressurized pulp washers(xxviii) Process raw water treatment (e.g., phosphate)(xxix) Pulp tanks and stock chests(xxxi) Saltcake storage tanks vented to the recovery system(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(xli) White liquor clarifiers(xlii) White liquor oxidizer(xliii) White liquor tanks59. 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, unless a federal requirement not incorporated into this Division 1200-03 or Division 0400-30 applies.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 0400-30-39 or under 40 C.F.R. 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 0400-30-39 or under 40 C.F.R. 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 1200-03-31.77. 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 0400-30-39 or under 40 C.F.R. Part 60.(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(x) Air compressor and distribution systems(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 0400-30-39 or under 40 C.F.R. 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 0400-30-39 or under 40 C.F.R. 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 0400-30-39 or under 40 C.F.R. 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 1200-03-09-.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 1200-03-09-.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.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 lids and covers are utilized.23. Drop hammers or hydraulic presses for forging or metalworking.24. Equipment used exclusively to slaughter animals, but not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment.25. Vents from continuous emissions monitors and other analyzers.26. Natural gas pressure regulator vents, excluding venting at oil and gas production facilities.27. Hand-held applicator equipment for hot melt adhesives with no VOC in the adhesive formulation.28. Equipment used for surface coating, painting, dipping or spraying operations, except those that will emit VOC or HAP.29. CO2 lasers, used only on metals and other materials which do not emit HAP in the process.30. Consumer use of paper trimmers/binders.31. Electric or steam-heated drying ovens and autoclaves, but not the emissions from the articles or substances being processed in the ovens or autoclaves or the boilers delivering the steam.32. Salt baths using nonvolatile salts that do not result in emissions of any regulated air pollutants.33. Laser trimmers using dust collection to prevent fugitive emissions.34. Bench-scale laboratory equipment used for physical or chemical analysis, but not lab fume hoods or vents.35. Routine calibration and maintenance of laboratory equipment or other analytical instruments.36. Equipment used for quality control/assurance or inspection purposes, including sampling equipment used to withdraw materials for analysis.37. Hydraulic and hydrostatic testing equipment.38. Environmental chambers not using hazardous air pollutant (HAP) gasses.42. Fugitive emission related to movement of passenger vehicles, provided the emissions are not counted for applicability purposes and any required fugitive dust control plan or its equivalent is submitted.43. Process water filtration systems and demineralizes.44. Demineralized water tanks and demineralizer vents.45. Boiler water treatment operations, not including cooling towers.46. Oxygen scavenging (de-aeration) of water.48. Fire suppression systems.49. Emergency road flares.50. Steam vents and safety relief valves.52. Steam cleaning operations.(6) Municipal solid waste landfills with a design capacity less than 2.5 million megagrams by mass or 2.5 million cubic meters by volume shall satisfy the applicable provisions of 40 C.F.R. 60 Subparts WWW or XXX, or any applicable federal or state plan established pursuant to Section 111(d) of the Clean Air Act, but shall otherwise be exempt from the requirement to obtain a construction or operating permit. This exemption shall not apply to any major stationary source or major modification as defined by paragraph (4) of Rule 1200-03-09-.01 or to any major source as defined by paragraph (11) of Rule 1200-03-09-.02.Tenn. Comp. R. & Regs. 1200-03-09-.04
Original rule certified June 7, 1974. Amendment filed January 10, 1977; effective February 9, 1977. Amendment filed March 31, 1987; effective May 10, 1987. Amendment filed September 27, 1989; effective November 11, 1989. Amendment filed May 17, 1990; effective July 1, 1990. Amendment filed April 22, 1993; effective June 5, 1993. Amendment filed September 7, 1993; effective November 21, 1993. Amendment filed June 12, 1995; effective August 26, 1995. Amendment filed July 25, 1996; effective October 6, 1996. Amendment filed November 30, 1999; effective February 6, 2000. Amendment filed November 29, 2001; effective February 12, 2002. Amendments filed September 9, 2005; effective November 23, 2005. Amendment filed June 1, 2009; effective August 15, 2009. Amendment filed April 28, 2017; effective July 27, 2017. Amendments filed May 17, 2017; effective August 15, 2017. Amendments filed September 29, 2022; effective December 28, 2022. Amendments filed September 16, 2024; effective 12/15/2024.Authority: T.C.A. §§ 4-5-201, et seq.; 4-5-202, et seq.; 68-201-101, et seq.; and 68-201-105.