Department of State Division of Publications 312 Rosa L. Parks Ave., 8th Floor, Snodgrass/TN Tower Nashville, TN 37243 Phone: 615-741-2650

For Department of State Use Only

Sequence Number: \?t....-1~ .... \tl\ Notice ID(s): "70'?1

Email: publications.information@tn.gov File Date: 11,,/1~/'f\ -'-"---l,'-'--'-1f---L---I------

Notice of Rulemaking Hearing Hearings will be conducted in the manner prescribed by the Uniform Administrative Procedures Act, T. C.A. § 4-5-204. For questions and copies of the notice, contact the person listed below.

Agency/Board/Commission: i Air Pollution Control Board - - t - -Division: : Air Pollution Control

Contact Person: [ Paul D. LaRock 1 William R. Snodgrass Tennessee Tower . 312 Rosa L. Parks Avenue, 15th Floor

Address: · Nashville, Tennessee 37243

Phone: ! (615) 532-0545

Email: ; Paul.LaRock@tn.gov

Any Individuals with disabilities who wish to participate in these proceedings (to review these filings) and may require aid to facilitate such participation should contact the following at least 10 days prior to the hearing:

ADA Contact: ' ADA Coord inator ' William R. Snodgrass Tennessee Tower

312 Rosa L. Parks Avenue, 22nd Floor Address: Nashville, Tennessee 37243

1-866-253-5827 (toll free) or 615-532-0200 Phone: · Hearing impaired callers may use the TN Relay Service 1-800-848-0298

Email: i Jennifer.Katzenmiller@tn.gov

Hearing Location(s) (for add itional locations, copy and paste table)

Address 1: Conference Room 15A, 15111 Floor Address 2: William R. Snodgrass Tennessee Tower

312 Rosa L. Parks Avenue City: Nashville, Tennessee Zip: 37243

Hearing Date : 02/13/2020 Hearing Time: 9:30 AM I X CST/CDT EST/EDT I

Additional Hearing Information:

I ·1 I

If it is hard for you to read, speak, or understand English, TDEC may be able to provide translation or I interpretation services free of charge. Please contact Lida Warden at 615-532-0554 for more information. 1

On May 15, 2018, Public Chapter No. 953 became effective in Tennessee. Public Chapter No. 953 provides that "no inspection and maintenance program shall be employed in this state on or after the effective date of this act." The law also provides that the requirement for a light-duty motor vehicle inspection/maintenance (1/M) program will end after the Environmental Protection Agency (EPA) approved a State Implementation Plan (SIP) revision removing the 1/M program. Public Chapter No. 953 allows any county with a local air pollution control program to implement or continue its own 1/M program. Davidson County was the only county to do so, and can, therefore, continue its own inspection and maintenance program. These modifications to Chapter 1200-03-29 allow for the removal of 1/M programs in the State of Tennessee following proper EPA approval of the SIP revision .

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There will be a public hearing before the Technical Secretary of the Tennessee Air Pollution Control Board (Board) for the promulgation of amendments to the Tennessee Air Pollution Control Regulations under the authority of Tennessee Code Annotated, section 68-201-105. The comments received at th is hearing will be distributed to the members of the Tennessee Air Pollution Control Board for their review in regard to the proposed rule amendments. The hearing will be conducted in the manner prescribed by the Uniform Administrative Procedures Act, Tennessee Code Annotated section 4-5-201 to 4-5-325 and will take place in Conference room 15A of the William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, 15th Floor, Nashville, Tennessee 37243.

Written comments not submitted at the public hearing will be included in the hearing record only if received by the close of business on February 13, 2020 at the following address: Techn ical Secretary, Tennessee Air Pollution Control Board, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, 15th Floor, Nashville, Tennessee 37243.

Any individuals with disabilities who wish to participate in these proceedings or to review these filings shou ld contact the Tennessee Department of Environment and Conservation to discuss any auxiliary aids or services needed to faci litate such participation. Such initial contact may be in person, by writing, telephone, or other means, and shou ld be made no less than ten days prior to February 13, 2020 or the date such party intends to review such filings, to allow time to provide such aid or service. Contact the Tennessee Department of Environment and Conservation ADA Coordinator, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, 22nd Floor, Nashville, Tennessee 37243, (615) 532-0200. Hearing impaired callers may use the Tennessee Re lay Service (1 -800-848-0298).

If you have any questions about the orig ination of these rule changes, you may contact Pau l D. LaRock at (615) 532-0093. For information about reviewing these documents, please contact Pau l LaRock, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, 15th Floor, Nashville, Tennessee 37243, telephone (615) 532-0093.

Revisions considered at this hearing may be adopted by the Tennessee Air Pollution Control Board under Tenn. Code Ann.§ 68-201 -105, which authorizes the Board to promulgate rules.

Materials concerning the proposed actions will be avai lable at www.tn.gov/environment/topic/ppo-air and also for public inspection during normal working hours starting on December 20, 2020 at the office of the Techn ical Secretary and the public depositories listed below:

Air Pollution Control Division 15th Floor, WR SnodgrassTN Twr 312 Rosa L. Parks Avenue Nashville, TN 37243

Air Pollution Control Division Knoxville EFO 3711 Middlebrook Pk., Suite 220 Knoxville, TN 37921

Air Pollution Control Division Columbia EFO 1421 Hampshire Pike Columbia, TN 38401

Air Pollution Control Division Chattanooga EFO 1301 Riverfront Parkway, Suite 206 Chattanooga, TN 37 402

Chattanooga-Hamilton County I Air Pollution Control Bureau I 6125 Preservation Drive

1 Chattanooga, TN 37 416

Pollution Control Division Metropolitan Health Dept. 2500 Charlotte Avenue Nashville, TN 37209

Air Pollution Control Division Johnson City EFO 2305 Silverdale Road Johnson City, TN 37601-2162

Knox County Department of Air Quality Management 140 Dameron Avenue, Suite 242 Knoxville, TN 37917

Air Pollution Control Division Nashville EFO 711 R. S. Gass Boulevard Nashville, TN 37243

Air Pollution Control Division Cookeville EFO 1221 South Willow Avenue Cookeville, TN 38506

Air Pollution Control Division Jackson EFO 1625 Hollywood Drive Jackson, TN 38305

Air Pollution Control Program Memphis /Shelby County Health Dept. 814 Jefferson Avenue Memphis, TN 38105

Kingsport Public Library 400 Broad Street Kingsport, TN 37660

U.S. EPA, Region IV, c/o Mr. Scott Davis, Chief APTMD - 12th Floor, Atlanta Federal Center 61 Forsyth Street S.W . Atlanta, GA 30303

All persons interested in the air quality of the state of Tennessee are urged to attend and will be afforded the

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I opportunity to present testimony to the hearing officer regarding the promulgation of amendments to the ! Tennessee Air Pollution Control Regulations. Any person desiring to present lengthy comments shou ld be I prepared at the hearing to offer a written statement to be incorporated into the record. Written statements not i presented at the hearings will only be considered part of the records if received by 4:30 p.m. CDT on February 13, I I 2020, at the office of the Technical Secretary, Tennessee Air Pollution Control Board, William R. Snodgrass i Tennessee Tower, 312 Rosa L. Parks Avenue, 15th Floor, Nashville, Tennessee 37243. 1

Revision Type (check all that apply): X Amendment

New Repeal

Rule(s) (ALL chapters and rules contained in filing must be listed. If needed, copy and paste add itional tables to accommodate more than one chapter. Please enter only ONE Ru le Number/Rule Title per row.)

Chapter Number I Chapter Title f---1 _12_0_0_-_0_3-_2_9 ___ +--L~ight-Duty Motor Vehicle Inspection and Maintenance ! Rule Number Rule Title 1

1200-03-29-. 01 Pur ose i 1200-03-29-.12 Area of Applicability

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Place substance of rules and other info here. Statutory authority must be given for each rule change. For information on formatting rules go to https://sos.tn .gov/products/division-publications/rulemaking-guidelines.

Chapter 1200-03-29 Light-Duty Motor Vehicle Inspection and Maintenance

Amendments

The Table of Contents to Chapter 1200-03-29 Light-Duty Motor Vehicle Inspection and Maintenance is amended by deleting the title to Rule 1200-03-29-.01 Purpose and rep lacing it with "Purpose and Applicability" and deleting the title to Rule 1200-03-29-.1 2 Area of Applicability and replacing with "Reserved" so that as amended the table of contents shal l read:

1200-03-29-.01 Purpose and Applicability 1200-03-29-. 02 Definitions 1200-03-29-.03 Motor Vehicle Inspection Requirements 1200-03-29-.04 Exemption From Motor Vehicle

Inspection Requirements 1200-03-29-.05 Motor Vehicle Emission Performance

Test Criteria 1200-03-29-.06 Motor Vehicle Anti-Tampering Test

Criteria

1200-03-29-. 07 Motor Vehicle Emissions Performance Test Methods

1200-03-29-.08 Motor Vehicle Anti-Tampering Test Methods

1200-03-29-.09 Motor Vehicle Inspection Program 1200-03-29-.1 0 Motor Vehicle Inspection Fee 1200-03-29-.11 Waiver Provisions 1200-03-29-. 12 Reserved

Authority: T.C.A. §§ 55-4-103, 68-201-101 et seq. and 4-5-201 et seq.

Rule 1200-03-29-.01 Purpose is amended by deleting it in its entirety and substituting instead the following:

1200-03-29-. 01 Purpose and Applicability

(1) The purpose of this chapter is to reduce the air pollution produced by the operation of light-duty motor vehicles.

(2) This chapter shall apply in the following areas of Tennessee as designated by the Tennessee Air Pollution Control Board:

(a) Davidson County

(b) Hamilton County

(c) Rutherford County

(d) Sumner County

(e) Williamson County

(f) Wilson County

(3) For the counties specified in paragraph (2) of this rule, the requirements of this chapter shall become effective as follows:

(a) For EPA designated nonattainment counties classified as Basic, the effective date is April 1, 2006.

(b) For EPA designated nonattainment counties with an EPA approved Early Action Compact classified as Basic, the effective date is April 1, 2005.

(c) For EPA designated nonattainment areas classified as Marginal, the effective date is July 1, 2005.

(d) For EPA designated nonattainment areas classified as Moderate, the effective date is April 1,

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2007.

(4) For the counties specified in paragraph (2) of this rule, the requirements of this chapter shall remain in effect until 120 days following EPA final approval of State Implementation Plan revisions eliminating the requirement for Light-Duty Motor Vehicle Inspection programs in the State of Tennessee; provided, however, that if on this date a contract exists between the department and a contractor providing inspection and maintenance services, the requirements of this chapter shall continue to apply until the contract's termination or expiration.

(5) If the requirement for a Light-Duty Motor Vehicle Inspection Program is eliminated from the State Implementation Plan, Davidson County having had a local air pollution control program and implemented its own inspection and maintenance program before May 15, 2018, and having been authorized by the governing body within 30 days of May 15, 2018, can continue its own inspection and maintenance program. The dates of applicability, technical guidelines, enforcement, and fees for county- or municipality-specific vehicle inspection programs that are not required by the State or EPA will be determined by Davidson County.

Authority: T.C.A. §§ 55-4-103, 68-201 -101 et seq. and 4-5-201 et seq.

Rule 1200-03-29-.12 Area of Applicability is amended by deleting it in its entirety and substituting instead the following :

1200-03-29-.12 Reserved

Authority: TC.A§§ 55-4-130, 68-201 -101 et seq. and 4-5-201 et seq.

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I certify that the information included in th is fi ling is an accurate and complete representation of the intent and scope of rulemaking proposed by the agency.

Department of State Use Only

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SS-7037 (October 2018)

Date:

Signature:

Name of Officer:

Notary Public Signature:

Owenby

-... .. My commission expires on: ~ ~

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Filed with the Department of State on: ----~l_'v-+/~\ot_,_,/i~1~------

j,{)1J ~ Tre Hargett

Secretary of State

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