Search- 1 Result- 68-201-105. Powers and duties of board-- N ... Page 1 of3 

FOCUSTM Terms 

VIew I Full 

'Search Withinl original Results (1- 1) ::::J 

<;."::1 1 of 1 "~' 

Book Browse 

Tenn. Code Ann. § 68-201-105 (Copy w/ Cite) 

Tenn. Code Ann. § 68-201-105 

TENNESSEE CODE ANNOTATED 

© 2015 by The State of Tennessee 

All rights reserved 

Advanced ... 

View Tutorial 

Pages:4 

*** Current through the 2014 Regular Session and amendments approved at the November 4, 

2014 General Election *** 

Title 68 Health, Safety and Environmental Protection 

Environmental Protection 

Chapter 201 Tennessee Air Quality Act 

Part 1 Tennessee Air Quality Act 

Tenn. Code Ann. § 68-201-105 (2015) 

68-201-105. Powers and duties of board-- Notification of vacancy-- Termination due 

to vacancy-- Conflict of interest policy. 

(a} (1} The board has the power and duty to: 

(A} Promulgate rules and regulations to effect the intent and purpose of this part, pursuant 

to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Such rules and 

regulations may include, but are not necessarily limited to, those defining: ambient air quality 

standards; emission standards; general policies or plans; a system of permits; and a schedule 

of fees for review of plans and specifications, issuance or renewal of permits or inspection of air 

contaminant sources. Emission standards for stationary sources adopted by the board shall 

include regulations based on the weight of materials entering the process causing the emission 

as an optional alternative to regulations previously adopted; 

(B) Promulgate rules that authorize the technical secretary to issue permits that contain all 

provisions applicable to sources that are necessary under the federal Clean Air Act, compiled in 

42 U.S.C. § 7401 et seq., and the effective regulations pursuant to such act, and that are 

necessary under this chapter and the effective rules of the board. The issuance of a permit by 

the technical secretary under the rules authorized by this subsection (a) shall not repeal by 

implication any rules of the board. The board shall monitor regulations under the Clean Air Act 

that are proposed by the United States environmental protection agency. If the environmental 

protection agency promulgates a rule that would roll back federal requirements under the Clean 

Air Act, the board shall initiate rulemaking on that subject and determine whether Tennessee 

should have a more restrictive rule than the federal rule on that subject; 

(2} Hold hearings and issue such orders and determinations as may be necessary to effect 

the intent and purpose of this part; 

(3} Establish, modify, or amend, without hearing, policies, practices, rules or regulations with 

respect to procedural aspects of board activities; and 

( 4} Cause legal proceedings to be instituted in a court of competent jurisdiction, to compel 

compliance with any order issued by the board, requirement of this part, or rule or regulation 

adopted pursuant to this part. 

https://web.lexisnexis.com/research/retrieve? _ m=bbd924a2cd9b... 5/18/2015 
Search- 1 Result- 68-201-105. Powers and duties ofboard -- N ... Page 2 of3 

(b) The department has the power and duty to: 

(1) Develop and recommend to the board plans for a comprehensive air pollution control 

program for the state, to review such plans from time to time and recommend to the board 

such changes as may be deemed appropriate; 

(2) Require that any person furnish the department information required by it in discharge of 

its duties under this part, if the department has reason to believe such person is, or may be 

about to, causing or contributing to air pollution; provided, that no such person shall be 

required to disclose any secret formulae, processes or methods used in any manufacturing 

operation carried on by such person or under such person's direction. The composition of air 

contaminants shall not be considered secret unless so declared by the department, and the 

department shall have the power to issue protection orders to prevent public dissemination; 

(3) Enter at all reasonable times in or upon any private or public property except private 

residences for the purpose of inspecting and investigating any condition which the department 

shall have reasonable cause to believe to be an air contaminant source; 

(4) Provide such technical, scientific and other services as may be required for carrying out 

this part. The basic personnel for such purposes shall be those employed by the department; 

however, the department, may, by agreement, secure these or other services from any other 

agency, and within budgetary limitations may arrange compensation for such services; 

(5) Receive, budget, receipt for and administer such moneys as are duly appropriated or 

granted for the purpose of this part; provided, that all such moneys shall be deposited with the 

state treasurer; 

(6) Represent the state in matters pertaining to plans, procedures or negotiations for 

interstate compacts relative to air pollution or in matters pertaining to air quality control 

regions; 

(7) Collect and disseminate information relative to air pollution; encourage voluntary 

cooperation of affected persons or groups in preserving and restoring a reasonable degree of air 

purity; advise, consult and cooperate with other agencies, persons or groups in matters 

pertaining to air pollution; and encourage authorized air pollution agencies of political 

subdivisions to handle air pollution problems within their respective jurisdictions to the greatest 

extent possible and to provide technical assistance to political subdivisions requesting same; 

and 

{8) Cause to be instituted in a court of competent jurisdiction legal proceedings to compel 

compliance with any order issued by the board. 

(c) In exercising their powers and duties relative to major energy projects, as defined in § 13-

18-102, the board and the departments shall participate in the joint review process and 

expedited review process provided for by the Major Energy Project Act of 1981, compiled in title 

13, chapter 18. 

(d) {1) If the board incurs a vacancy, it shall notify the appointing authority in writing within 

ninety (90) days after the vacancy occurs. All vacancies on the board, other than ex officio 

members, shall be filled by the appointing authority within ninety (90) days of receiving written 

notice of the vacancy and sufficient information is provided for the appointing authority to make 

an informed decision in regard to filling such vacancy. If sufficient information has been 

provided and the board has more than one (1) vacancy that is more than one hundred eighty 

(180) days in duration, the board shall report to the government operations committees of the 

house of representatives and the senate as to why such vacancies have not been filled. 

(2) If more than one half (1/2) of the positions on the board are vacant for more than one 

https://web.lexisnexis.com/research/retrieve? _ m=bbd924a2cd9b... 5/18/2015 
Search- 1 Result- 68-201-105. Powers and duties ofboard -- N ... Page 3 of3 

hundred eighty (180) consecutive days, the board shall terminate; provided, that the board 

shall wind up its affairs pursuant to § 4-29-112. If the board is terminated pursuant to 

subdivision (d)(1) it shall be reviewed by the evaluation committees pursuant to the Uniform 

Administrative Procedures Act before ceasing all its activities. Nothing in subdivision (d)(1) shall 

prohibit the general assembly from continuing, restructuring, or re-establishing the board. 

(e) The board shall adopt and implement rules and regulations to create a conflict of interest 

policy for board members. The policy shall mandate annual written disclosures of financial 

interests, other possible conflicts of interest, and an acknowledgement by board members that 

they have read and understand all aspects of the policy. The policy shall also require persons 

who are to be appointed to the board to acknowledge, as a condition of appointment, that they 

are not in conflict with the conditions of the policy. 

HISTORY: Acts 1967, ch. 367, § 5; 1971, ch. 321, § 1; 1971, ch. 362, §§ 6, 11; modified; 

Acts 1979, ch. 299, § 7; 1981, ch. 131, § 27; T.C.A., § 53-3412; Acts 1984, ch. 788, § 4; 

T.C.A., § 68-25-105; Acts 2000, ch. 835, § 4; 2002, ch. 701, § 1; 2012, ch. 765, § 5. 

View I Full \-.::~ 1 of 1 c:> 

Book Browse 

'. 

Tenn. Code Ann. § 68-201-105 (Copy w/ Cite) Pages:4 

n• L · N · ,,,About LexisNexis I Privacy Policy !Terms & Conditions !Contact Us 

eXIS eXIS:-Copyright © 2015 LexisNexis, a division of Reed Elsevier Inc. All rights reserved . 

https:/ /web.lexisnexis.com/research/retrieve? _ m=bbd924a2cd9b... 5/18/2015