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**"~'** Book Browse Tenn. Code Ann. § 68-201-105 (Copy

### w/ Cite) Tenn. Code Ann. § 68-201-105 TENNESSEE CODE ANNOTATED 

### © 2015 byThe State ofTennessee All rights reserved Advanced

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## *** Current through the 2014 Regular Session and amendments approved atthe November4, 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 ofvacancy-- Termination due tovacancy-- Conflict of interest policy.



### (a} (1} The board has the power and dutyto: 

### (A} Promulgate rules and regulations to effectthe intent and purpose ofthis 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 airquality standards; emission standards; general policies or plans; a system ofpermits; and a schedule offees for review of plans and specifications, issuance or renewal of permits or inspection ofair 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 permitsthat contain all provisions applicable to sources that are necessary underthe federal Clean AirAct, compiled in 42 U.S.C. 

### § 7401 et seq., and the effective regulations pursuantto such act, and that are necessary underthis chapterand the effective rules ofthe board. The issuance ofa permit by the technical secretary underthe rules authorized by this subsection (a) shall not repeal by implication any rules ofthe board. The board shall monitor regulations underthe Clean AirAct that are proposed by the United States environmental protection agency. Ifthe environmental protection agency promulgates a rule that would roll back federal requirements underthe Clean AirAct, the board shall initiate rulemaking on that subjectand determine whetherTennessee 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 ofthis part; 

### (3} Establish, modify, oramend, 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 ofcompetentjurisdiction, to compel compliance with any order issued bythe board, requirement ofthis part, or rule or regulation adopted pursuantto this part. 

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(b) The department has the powerand duty to: (1) Develop and recommend to the board plans for a comprehensive air pollution control program forthe 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 underthis part, ifthe 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 undersuch person's direction. The composition ofair contaminants shall not be considered secret unless so declared by the department, and the department shall have the powerto issue protection orders to prevent public dissemination; (3) Enter at all reasonable times in or upon any private or public property except private residences forthe purpose of inspecting and investigating any condition which the department shall have reasonable cause to believe to be an aircontaminant 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 forsuch services; (5) Receive, budget, receipt for and administer such moneys as are duly appropriated or granted forthe purpose ofthis 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 airquality control regions; (7) Collect and disseminate information relative to air pollution; encourage voluntary cooperation ofaffected persons orgroups in preserving and restoring a reasonable degree ofair purity; advise, consult and cooperate with otheragencies, 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 ofcompetentjurisdiction 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 thejoint review process and expedited review process provided for by the Major Energy Project Act of 

### 1981, compiled in title 

### 13, chapter 

### 18. (d) {1) Ifthe board incurs a vacancy, itshall notify the appointing authority in writing within ninety 

### (90) days afterthe vacancy occurs. All vacancies on the board, otherthan ex officio members, shall be filled by the appointing authority within ninety 

### (90) days of receiving written notice ofthe vacancy and sufficient information is provided forthe appointing authority to make an informed decision in regard to filling such vacancy. Ifsufficient 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 ofthe house of representatives and the senate as to why such vacancies have not been filled. (2) If more than one half 

### (1/2) ofthe positions on the board are vacant for more than one 

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hundred eighty (180) consecutive days, the board shall terminate; provided, thatthe board shall wind up its affairs pursuantto § 4-29-112. Ifthe board is terminated pursuantto subdivision (d)(1) it shall be reviewed bythe evaluation committees pursuantto the Uniform Administrative Procedures Act before ceasing all its activities. Nothing in subdivision (d)(1) shall prohibitthe 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 offinancial interests, other possible conflicts of interest, and an acknowledgement by board membersthat they have read and understand all aspects ofthe policy. The policy shall also require persons who are to be appointed to the board to acknowledge, as a condition ofappointment, thatthey are not in conflict with the conditions ofthe 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.

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