WHAT'S NEW:

No recent state activity has been identified.

AIR EMISSIONS REGULATIONS:

Air Quality Status	One area is in 8-hr ozone moderate nonattainment and seven areas are in Subpart 1 nonattainment; six areas are in PM-2.5 nonattainment. EPA's Nonattainment Areas
Major Source Threshold	PTE 250 tons (100 tons for listed sources) of any criteria pollutant
Minor Source Permitting Exemption	PTE less than 5 tons per year or 10 MMBtu/hr
Minor Source Treatment	Emission limits on opacity, PM and SO2
Emergency Generating Limits	None

 

DE MINIMIS EXEMPTIONS

Projects with a potential to emit less than 5 tons per year of any criteria pollutant or that are 10 MMBtu/hr or smaller and burning natural gas or No. 2 fuel oil are exempt from permitting; more than 10 MMBtu/hr total of such sources facility-wide requires a permit. State notification is required.

MINOR SOURCE PERMITTING

Sources that do not qualify for the above exemption must obtain a minor source permit. The permit will include limits for PM based on the size of the unit. Units that are 10 MMBtu/hr or smaller are limited to PM emissions of 0.6 lb/MMBtu; sources greater than 250 MMBtu/hr are limited to 0.1 lb/MMBtu. Sources that are between 10-250 MMBtu/hr will receive a limit between these numbers based on a sliding scale. The state will also enforce a 20% opacity limit. Depending on the source location, there is an SO2 limit ranging between 1.6 and 5 lb/MMBtu, but the state will generally negotiate with applicants to establish a lower limit. This lower limit is usually just the unit's potential emissions. It is generally in the applicant's favor to accept a lower limit as the state will charge fees based on a unit's potential to emit sulfur.

There is a 30-day comment period for permits that include a synthetic minor. The state has 115 days including the comment period to complete the permitting process, but the actual time required is normally much less.

MAJOR NSR/PSD PERMITTING

250 tons (100 tons for listed sources) per year of any criteria pollutant triggers PSD in attainment areas.

TREATMENT OF EMERGENCY ENGINES

Generators used exclusively for emergency or standby service are exempt from permitting requirements.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

The permitting process applies to electric generating facilities 50 MW and greater, but does not include plants owned and operated by any government (state, federal or local). The Tennessee Valley Authority, which is a federal entity, generates nearly all of the electrical load in the state.

For more information contact the Tennessee Department of Environment and Conservation

BUILDING, ZONING AND FIRE CODES:

Building Codes: Tennessee enforces statewide mandatory minimum codes. This is primarily the 2006 IBC, excluding chapters 11 and 27. [1] Local jurisdictions may adopt more strict codes. [2]

• Codes Enforcement Section

Energy Codes : Tennessee enforces the 1992 Model Energy Code. However, some jurisdictions have adopted a version of the IECC (2000, 2003, or 2006). [3]

• Energy Division

Fire Codes: Tennessee enforces both the 2003 NFPA 1: UFC and the 2006 IFC as mandatory minimum statewide codes. [4]

• Fire Prevention Division

Zoning: Zoning and planning happens at the local level. Check with each jurisdiction regarding their zoning codes.

Resources (information may not be as current as provided above). A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state. Information about energy codes can be found at the DOE’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project.

INTERCONNECTION REQUIREMENTS:

Tennessee does not have interconnection standards. In June 2007 the Tennessee Valley Authority's (TVA) staff recommended adopting interconnection and net-metering standards outlined in the Energy Policy Act of 2005 (EPAct 2005).

In August 2007, the TVA adopted a modified version of the Public Utilities Regulatory Policies Act (PURPA) 2005: "TVA shall make available, upon request, interconnection service, for generators with output of 20 MW or less, to any electric consumer that it serves." As part of its decision, TVA is allowing the distribution utilities that operate in its territory the flexibility to create their own interconnection procedures that are similar to TVA's.

For more information contact the TVA.

Tennessee Valley Authority
400 W. Summit Hill Dr.
Knoxville, TN 37902-1499
Phone: 865-632-2101
Email: tvainfo@tva.gov

EXIT FEES:

No statewide exit fee policy has been identified. Contact the Tennessee Valley Authority or your local utility to confirm.

UTILITY STANDBY RATES:

Tennessee does not have a statewide policy on standby rates. Relevant information for Tennessee utilities is provided below.

Nashville Electric Service: There is no standard standby rate, and customers seeking standby service will be charged under a regular tariff or have an individual contract with the utility if they are deemed to be large enough. The general service schedule has demand and energy rates. Billing demand is typically based on the higher of the maximum 30 minute demand of the month or 30% of the contract demand. Rate information is available at: http://www.nespower.com/comm_power_rates.aspx

Memphis Light, Gas and Water: Standby energy service is delivered through Memphis Light, but the energy supply must be contracted for through Tennessee Valley Authority (TVA). TVA charges a reservation fee based on contract demand, however Memphis Light charges demand and energy charges for delivery. Rate information is available at: http://www.mlgw.com/SubView.php?key=comm_genrateinfo