Local Air Pollution Regulations

The state administers a comprehensive program for the prevention, abatement, and control of air pollution. Municipalities and counties may adopt and enforce air pollution control regulations that are at least as stringent as state requirements, provided they have obtained a certificate of exemption from the Air Pollution Control Board. Certificates may be issued for periods not exceeding two years and are subject to periodic review by the Air Pollution Control Board to determine whether the exemption should be continued. T.C.A. § 68-201-115. Local air pollution regulations do not apply to an air contaminant source that burns wood waste solely for disposal of that wood waste, but the constant presence of a person is required and the burn limited to 48 hours and to no more than twice in any 30-day period for wood waste burns within 200 feet of an occupied building if performed by someone other than the occupant. For burns within 100 feet of an occupied building, an adult occupant must give written permission for the burn to occur (stricter local ordinances control). T.C.A. § 68-201-115(c). The state civil penalty of up to $25,000 per day per violation also applies to violations of approved local air pollution regulations. Municipal penalties are cumulative and are in addition to state penalties. T.C.A. § 68-201-116. A municipality operating under a certificate of exemption must establish a process for granting waivers from any prohibition on open burning. T.C.A. § 68-201-115.