A resolution approving amendments to Regulation No. 8 of the Metropolitan Board of Health regarding inspection and maintenance of light-duty motor vehicles.

Whereas, Tennessee Code Annotated 68-201-115 provides that local pollution control programs must have air pollution control regulations that are at least as stringent as those regulations promulgated by the Tennessee Air Pollution Control Board; and

Whereas, the Metropolitan Health Department was designated as the local promulgator and enforcer of air pollution control regulations for Davidson County by the federal Environmental Protection Agency ("EPA") in accordance with the Clean Air Act of 1968; and

Whereas, pursuant to that designation, the Metropolitan Health Department acting by and through the Metropolitan Board of Health was bound to promulgate regulations as stringent as those promulgated by the EPA; and

Whereas, the Tennessee Department of Environment and Conservation was designated by the EPA and the Clean Air Act as the state-wide enforcer and promulgator of air pollution control regulations, with the exception of those areas designated as local enforcement areas, such as Davidson County, as long as those local enforcement areas promulgated regulations as stringent as those promulgated by the state and by the EPA; and

Whereas, the EPA will defer the designation of localities as "non-attainment areas" provided eligible localities enter into an Early Attainment Compact "EAC"; and

Whereas, EAC's will allow designated localities to avoid the sanctions and controls that could imposed upon areas designated as "non-attainment areas" provided the conditions of the EAC are met; and

Whereas, the Tennessee Air Pollution Control Board promulgates and enforces air pollution control regulations for the State of Tennessee, and has entered into the Tennessee Early Action Compact ("EAC") for clean air; and

Whereas, a condition of the EAC adopted by the Tennessee Air Pollution Control Board is an 8-hour ozone standard that lowers the amount of allowable ozone in the air; and

Whereas, the Tennessee Air Pollution Control Board has chosen to make more types of vehicles subject to the vehicle inspection program to satisfy the requirements of the new standard; and

Whereas, the Tennessee Air Pollution Control Board recently amended Regulation 1200-3-29 to require that diesel light duty vehicles and light duty vehicles weighing not more than 10,500 pounds be subject to emissions testing; and

Whereas, Davidson, Hamilton, Rutherford, Sumner, Williamson, and Wilson counties were specifically included in the area of applicability for Regulation 1200-3-29; and

Whereas, Regulation 1200-3-29 became effective for Hamilton, Rutherford, Sumner, Williamson and Wilson counties on December 14, 2004; and

Whereas, Section 10.56.240 of the Metropolitan Code authorizes the Metropolitan Board of Health to adopt and promulgate regulations for a program of inspection and maintenance (I&M) of internal combustion engines and requires that any such regulation be approved by resolution of the Metropolitan Council; and,

Whereas, the Board of Health adopted and promulgated its Regulation No. 8 that established the I&M program; and,

Whereas, Regulation No. 8 and subsequent amendments thereto have been approved by resolutions of the Metropolitan Council; and,

Whereas, in order to comply with the new state regulation, the Board of Health, on December 14, 2004, adopted amendments to Regulation No. 8 that redefined "Heavy-duty Motor Vehicle" to mean motor vehicles with a GVWR in excess of 10,500 pounds; and "Light-duty Motor Vehicle" to mean motor vehicles with an GVWR of not more than 10,500 pounds; and, further adopted amendments that removed the exemption of diesel powered light-duty motor vehicles, thereby making such vehicles subject to the provisions of Regulation No. 8; and,

Whereas, it is in the best interest of The Metropolitan Government of Nashville and Davidson County for the Metropolitan Council to approve the amendments to Regulation No. 8.

Now, therefore, be it resolved by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. That the amendments to Regulation No. 8 of the Metropolitan Board of Health, amending Sections 8-1, 8-2, 8-3, 8-4, 8-5, 8-6, and 8-7 thereof, to redefine "Heavy-duty Motor Vehicle" to mean motor vehicles with a GVWR in excess of 10,500 pounds; and "Light-duty Motor Vehicle" to mean motor vehicles with an GVWR of not more than 10,500 pounds; and, to remove the exemption of diesel powered light-duty motor vehicles, thereby making such vehicles subject to the provisions of Regulation No. 8 , a copy of which amended Regulation No. 8 is attached hereto and made a part of this Resolution, be and the same are hereby approved.

Section 2. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Erik Cole

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LEGISLATIVE HISTORY
Referred:	Budget & Finance Committee Health, Hospitals & Social Services Committee
Introduced:	February 15, 2005
Adopted:	February 15, 2005
Approved:	February 16, 2005
By: