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Contact Information:
Dept of Environment & Conservation
9th Floor, L & C Annex
401 Church Street
Nashville, TN 37243-1531
Or view the Department's Website
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TENNESSEE
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. 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. There is an SO2 limit of 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:
50 tons per year of any criteria pollutant triggers PSD in attainment areas.
TREATMENT OF EMERGENCY ENGINES:
There are no special provisions for addressing emergency generators.
The Governor's
Executive Order (#31) limits the number of new plants that may be permitted in the state to four
per year. The permitting restriction 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. If the permitting process was
initiated before August 9, 2001 the unit is not subject to these requirements. In addition, an existing unit may
expand without facing limits under the new EO.
The Executive Order establishes a detailed methodology that will be used to determine which applicants receive
the permits. The applicant must first apply to the
Department of Economic and Community Development. In order to
proceed beyond this point the applicant must show that the project will have a significant positive economic
impact on local government and that it will have no negative impact on existing transmission systems, existing
water users/supply and endangered species. The plant may not be located in a non-attainment area and all plants
must apply BACT regardless of size and location. There are no areas currently listed by EPA as non-attainment in
the state of Tennessee, however several counties are listed as "maintenance areas." A maintenance area is one
that was recently removed from non-attainment.
NOTE: This regulation is set to expire in January 2004. Check back for updated information.
Tennessee Department of Commerce and Insurance, Division of Fire Prevention
The division, by statute has the responsibility of enforcing fire and building codes for the purpose of
protecting the citizens of Tennessee from injury or death. The State has adopted the Southern Building
Code Congress International's, 1999 Standard Building Code; the National Fire Protection Association's,
2000 Standard #1, Chapter 43; and either North Carolina State Building Code, Volume 1-C, 1991 Edition with
the 1996 Revisions or the Council of American Building Officials, CABO/ANSI A117-1-1992 American National
Standard.
Tennessee Adopted Codes
International Code Council State Adoption Information Page
Provides an easy to use US map to locate state and local adoption of the International Code Council's model codes.
US DOE's Office of Building Technology, State and Community Programs, Building Codes Database
The US DOE's database provides a comprehensive look at a state's building code implementation and enforcement
process.
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