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 or all of the regulations of 

the board, or any federal regulations including any changes in such regulations, when such regulations are properly identified as to date and source. 

Copies of air 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 in the office of the county clerk and 

there kept for public use, inspection and examination. The filing requirements 

shall not be deemed to be complied with unless the required copies of such 

regulations are filed with the clerk for a period of thirty (30) days before the 

adoption of the ordinance or resolution which incorporated such regulations by 

reference. No ordinance or resolution incorporating regulations by reference 

shall be effective until published in a newspaper having a general circulation 

in the 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 to be exempted from the provisions of 

this part may file a petition for certificate of exemption with the technical 

secretary. The technical secretary shall promptly investigate such petition and 

make recommendation to the board as to its disposition; 

(2) Upon receiving the recommendation of the technical secretary, the board 

may, if such recommendation is for the granting of the petition, do so without 

hearing. If the recommendation of the technical secretary is against the 

granting of the petition or the board, in its discretion, concludes that a hearing 

would be advisable, then a hearing shall be held not later than sixty (60) days 

after receipt of recommendation of the technical secretary by the board; 

(3) The certificate of exemption shall be granted if the board determines 

that the municipality or county has enacted provisions for the control of air 

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 or in part, may 

prescribe a time schedule for various parts of an exemption to become effective, 

and may make a certificate of exemption conditional or provisional as is 

deemed appropriate; 

(5) In granting any certificate of exemption, there is reserved to the state 

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

or regulation of the municipality or county should it fail to obtain compliance 

therewith. Such proceedings shall be the same as for enforcement of any duly 

promulgated rule or regulation of the board; 

(6) In granting any certificate of exemption, the exemption is to be strictly 

wns ru d ru; limited to the language of the exemption. No power or authority 

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68-201-115 ENVIRONMENTAL PROTECTION 590 

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which is not expressly stated in the 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 of the exemption granted and 

continues to comply with the provisions of this section. If a determination is 

made that the municipality or county does not meet the terms of the exemption 

granted or does not comply with the provisions of this section, the department 

shall so notify the board, and the board, upon reasonable notice to the 

municipality, may suspend the exemption in whole or in part until such time 

as the 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 be for a fixed term not to 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 section is referred to in§§ 68-201-112,68-201-116, 

68-201-117. 

Cited: Adams v. State ex rel. Chattanooga 

Coke & Chems., 514 S.W.2d 424 (Tenn. 1974). 

NOTES TO DECISIONS 

ANALYSIS 

in subsection (b)(3) pertains to the Air Quality 

Act's standards and not to its e

f

t