589 AIR POLLUTION CONTROL 68-201-115 68-201-115. Local pollution control programs Exemption from state supervision -Applicability of part to air contaminant sources burning wood waste. -(a) Any municipality or county in this state may enact, by ordinance or resolution respectively, air pollution control regulations not less stringent than the standards adopted for the state pursuant to this part, or any such municipality or county may also adopt or repeal an ordinance or resolution which incorporates by reference any orallofthe regulations of the board, or any federal regulations including any changes in such regulations, when such regulations are properly identified asto date and source. Copies ofair pollution regulations shall be made available to any interested

party, and the city or municipality may charge reasonable compensatory fees for providing such copies. At least three (3) copies of such regulations which are incorporated by reference shall be filed inthe office ofthe county clerk and there kept for public use, inspection and examination. The filing requirements shall not be deemed tobe complied with unless the required copies of such regulations are filed with the clerk fora period of thirty (30) days before the adoption ofthe ordinance or resolution which incorporated such regulations by reference. No ordinance or resolution incorporating regulations by reference shall be effective until published ina newspaper having a general circulation inthe municipality or county. 1 (b) Before such ordinances or resolutions enacting air pollution control regulations becomes effective, such municipality or county must apply for and receive from the board a certificate of exemption by the following procedure:

(1) Any political subdivision desiring tobe exempted from the provisions of

this part may filea petition for certificate of exemption with the technical secretary. The technical secretary shall promptly investigate such petition and make recommendation tothe board astoits disposition; (2) Upon receiving the recommendation ofthe technical secretary, the board may, if such recommendation isfor the granting ofthe petition, doso without hearing. Ifthe recommendation of the technical secretary is against the granting ofthe petition orthe board, inits discretion, concludes thata hearing would be advisable, then a hearing shall be held not later than sixty (60) days

after receipt of recommendation ofthe technical secretary by the board; (3) The certificate of exemption shall be granted ifthe board determines that the municipality or county has enacted provisions for the control ofair pollution not less stringent than the provisions of this part and that such enactments are being, or will be, adequately enforced; (4) The board may grant a certificate of exemption in whole orin part, may prescribe a time schedule for various parts ofan exemption to become effective, and may make a certificate of exemption conditional or provisional asis deemed appropriate; (5)In granting any certificate of exemption, there is reserved tothe state

the right to initiate proceedings to enforce any applicable resolution, ordinance

or regulation ofthe municipality or county should itfailto obtain compliance therewith. Such proceedings shall be the same asfor enforcement ofany duly promulgated rule or regulation ofthe board; (6)In granting any certificate of exemption, the exemption istobe strictly wns rudru; limited tothe language ofthe exemption. No power or authority •..**~**• 68-201-115 ENVIRONMENTAL PROTECTION 590 • which isnot expressly stated inthe certificate of exemption may be implied . The municipality or county may further petition the board for such power or authority; and (7) The department shall frequently determine whether or not any exempted municipality or county meets the terms ofthe exemption granted and continues to comply with the provisions of this section. Ifa determination is made that the municipality or county does not meet the terms ofthe exemption granted or does not comply with the provisions ofthis section, the department shall so notify the board, and the board, upon reasonable notice to the municipality, may suspend the exemption in whole orin part until such time asthe municipality or county complies with the state standards. (c) Exemptions already granted to any municipality or county shall expire

on July 1, 1986. All new certificates of exemption, including those expiring on the above date, shall befora fixed term notto exceed two (2) years. The provisions of this part do not apply to emissions from any air contaminant source, as defined in this part, which burns wood waste solely for the disposition of such wood waste. (d) Local government actiorts taken in accordance with this section shall be conducted in accordance with title 13, chapter 18, when the action includes a major energy project, as defined in§ 13-18-102. [Acts 1967, ch. 367,§15; It 1971, c;h. 266,§1; 1971, ch.365, §§1,2; 1972, ch. 787,§1; 1973, ch. 325, §§ 4,6;1974,ch.598,§ 1; 1975,ch.359,§ 1; 1977,ch. 116,§ 1; 1977,ch. 169,

§2; impl. am. Acts 1978, ch. 934, §§22, 36; Acts 1979, ch. 299,§7; 1981, ch. 131,§29; T.C.A., § 53-3422; Acts 1984, ch. 788,§12; T.C.A., § 68-25-115; Acts 1994, ch. 658, §§ 1-3.] Cross-References. Air contaminant source defined, § 68-201-102. Section to Section References. This sectionis referred to in§§ 68-201 - 112,68-201-116, 68-201-117. Cited: Adams v. State exrel. Chattanooga Coke & Chems .,514S.W.2d 424 (Tenn. 1974). NOTES TO DECISIONS ANALYSIS 1. Applicability to enforcement methods. 2. Appeals. 1. Applicability to Enforcement Methods.The "regulations not less stringent than the standards adopted for the state pursuant to this part" which any municipality or county may enact pursuant to this section clearly pertain to standards and notto penalties orenforcement methods. General Portland, Inc.v. Chattanooga-Hamilton County Air Pollution Control Bd., 560 S.W.2d 910 (Tenn. Ct. App.

1976).The "less stringent" requirement contained in subsection (b)(3) pertains tothe Air Quality Act's standards and not toits enforcement methods; the Act does not establish minimum requirements for the local board's composition . Blaylock & Brown Constr. v. Collierville Bd.,23

S.W.3d 316 (Tenn. Ct. App. 1999). 2. Appeals.By empowering the Health Department to grant construction and operating permits, hold hearings and issue orders and determinations as may be necessary, the Air Pollution Control Board also delegated to local authorities the power to hear appeals ofthe Health Department's decisions . Blaylock & Brown Constr .v. Collierville Bd., 23 S.W.3d 316 (Tenn. Ct. App. 1999).