1. (1) In the event excess emissions are emitted from any air contaminant source, a notice of violation shall automatically be issued except for visible emission levels included as a startup and/or shutdown permit condition under Paragraph 1200-03-05-.02(1) or determined to be de minimis under Rule 1200-03-20-.06.
2. (2) The owner or operator of the violating air contaminant source shall submit within twenty (20) days after receipt of the notice of violation, the data required in paragraph (3) of this rule. If the data required in paragraph (3) of this rule has previously been available to the Technical Secretary or the Technical Secretary’s representative prior to the issuance of the notice of violation no further action is required of the violating source. However, if the owner or operator of the source desires to submit additional information, then the additional information must be submitted within the twenty (20) day time period.

3. (3) Each report required in paragraph 1200-03-20-.06(2) shall include as a minimum:

   1. (a) The identity of the stack and/or other emission point where the excess emission(s) occurred;
   2. (b) The magnitude of the excess emissions expressed in pounds per hour and the units of the applicable emission limitation and the operating data and calculations used in determining the magnitude of the excess emissions;
   3. (c) The time and duration of the emissions;
   4. (d) The nature and cause of such emissions;
   5. (e) For malfunctions. The steps taken to correct the situation and the action taken or planned to prevent the recurrence of such malfunctions;
   6. (f) The steps taken to limit the excess emissions during the occurrence reported, and
   7. (g) If applicable, documentation that the air pollution control equipment, process equipment, or processes were at all times maintained and operated in a manner consistent with good operating practices for minimizing emissions.
4. (4) Failure to submit the report required in paragraph (3) of this rule within the twenty (20) day period specified in paragraph (2) of this rule shall preclude the admissibility of the data for determination of potential enforcement actions.

5. (5) Where the violations are determined from properly certified and operated continuous emission monitors, no notice of violation(s) will be automatically issued unless the specified de minimis levels are exceeded: De Minimis Source Type Pollutant De Minimis Level Monitored

   1. (a) Fuel Burning Opacity Two percent of the time during Installations subject to calendar quarter (Excluding periods Rule 1200-03-05-.01 or of permitted startup or shutdown and Rule 1200-03-05-.05 excused malfunctions) so long as no and having fuel burning more than one 24-hour exceedance equipment of input per calendar year takes place. capacity greater than STARTUPS, AND SHUTDOWNS 600 x 106 Btu/hr. Sulfur Dioxide One 24-hour exceedance per calendar year.
   2. (b) Fuel Burning Opacity One percent of the time during a Installations subject to calendar quarter (Excluding period of Rule 1200-03-05-.05, permitted startup or shutdown and Rule 1200-03-05-.10, excused malfunctions) as long as no or Rule 1200-30-06- more than one 24-hour exceedance .05. per calendar year takes place.
   3. (c) Fuel Burning Opacity One percent of the time during a Equipment subject to calendar quarter (Excluding periods part (1)(b)11. of Rule of permitted startup or shutdown and 0400-30-39-.01 or part excused malfunctions) as long as no (1)(b)13. of Rule 0400- more than one 24-hour exceedance 30-39-.01. per calendar year takes place. Sulfur Dioxide One 3-hour exceedance per year and/or one 24-hour exceedance per year (applicable to sources having three-hour standard only).
   4. (d) Kraft Recovery Opacity Six percent of the time (Excluding Furnaces subject to periods of permitted startup or either Rule 1200-03- shutdown and excused malfunctions) 05-.09 or part (1)(b)48. so long as no more than one 24-hour of Rule 0400-30-39- exceedance per calendar year takes .01. place.
   5. (e) Kraft Recovery Total Reduced Sulfur One percent of the time during a Furnaces subject to calendar quarter (Excluding periods either Rule 1200-03- of permitted startup or shutdown and 07-.07, part (1)(b)48. of excused malfunctions). Rule 0400-30-39-.01 or part (1)(b)49. of Rule 0400-30-39-.01.
   6. (f) Lime Kilns subject to Total Reduced Sulfur Two percent of the time during a paragraph (4) of Rule calendar quarter (Excluding periods 1200-03-07-.07. of permitted startup or shutdown and excused malfunctions).
   7. (g) Sulfuric Acid Plants Sulfur Dioxide One exceedance greater than three subject to part (1)(b)22. hours duration per year (Excluding of Rule 0400-30-39-.01 periods of excused malfunctions). and Liquid Sulfur Dioxide Plants subject to Rule 1200-03-19- .19.
   8. (h) Primary Zinc Smelters Sulfur Dioxide One exceedance of greater than subject to part (1)(b)35. three hours duration but less than of Rule 0400-30-39- 24-hour duration per calendar year STARTUPS, AND SHUTDOWNS .01. and/or one 24-hour exceedance per year (Excluding periods of startup, shutdown, or excused malfunction).
   9. (i) Electric Arc Furnaces Opacity One percent of the time during a subject to part (1)(b)45. calendar quarter (Excluding time of Rule 0400-30-39-.01 periods of startup, shutdown, or or part (1)(b)46. of Rule excused malfunction) so long as no 0400-30-39-.01. more than one 24-hour exceedance per calendar year takes place.
   10. (j) Sulfur Dioxide Sulfur Dioxide One exceedance of greater than Abatement System three hours duration per calendar Serving Facilities year (Excluding periods of excused Producing malfunctions). Organophosphate Compounds.
   11. (k) Secondary Lead Opacity One half percent of the time during a Furnaces subject to calendar quarter (Excluding time part (1)(b)29. of Rule periods of startup, shutdown, or 0400-30-39-.01. excused malfunction).
   12. (l) Any source type Nitrogen Oxides None. (Excluding periods of startup, utilizing a thirty day shutdown, or excused malfunction.) rolling average. For purposes of this paragraph, the term 24-hour exceedance means a continuous exceedance of an emission standard having a total duration of greater than 24 hours (midnight to midnight).
6. (6) No emission during periods of malfunction, start-up, or shutdown that is in excess of the standards in Division 1200-03 or any permit issued thereto shall be allowed which can be proved to cause or contribute to any violations of the Ambient Air Quality Standards contained in Chapter 1200-03-03 or the National Ambient Air Quality Standards.

Authority: T.C.A. §§ 4-5-201, et seq.; 68-201-101, et seq.; and 68-201-105. Administrative History: Original rule filed February 5, 1979; effective March 21, 1979. Amendment filed October 28, 1981; effective December 14, 1981. Repeal and new rule filed July 13, 1994; effective September 26, 1994. Amendments filed August 18, 2016; effective November 16, 2016. Amendments filed September 16, 2024; effective December 15, 2024.