RESOLUTION NO. RS2016-219

A resolution requesting amendment to Regulation No. 3 of the Metropolitan Board of Health, Division of Pollution Control, regarding new source review.

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, Section 10.56.090 of the Metropolitan Code authorizes the Metropolitan Board of Health to adopt and promulgate rules and regulations to carry out the provisions of this chapter which the board deems necessary in order to achieve and maintain such levels of air quality as will protect human health and safety and to the greatest degree practical, prevent injury to plant life and property, foster the comfort and convenience of the inhabitants of the metropolitan government area and promote the economic and social development of the metropolitan government area; and,

WHEREAS, the Board of Health adopted and promulgated its Regulation No. 3 that established the new source review; and,

WHEREAS, Regulation No. 3 and subsequent amendments thereto have been approved by resolutions of the Metropolitan Council; and,

WHEREAS, it is in the best interest of the Metropolitan Government of Nashville and Davidson County that the Board of Health adopt an amendment to Regulation No. 3 to add “natural gas compressor station” to Section 3-3(a)(1) thereof, thereby including “natural gas compressor station” within the itemized list of stationary sources subject to the provisions of Section 3-3.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan Council hereby go on record as requesting that the Metropolitan Board of Health amend Regulation No. 3 to add “natural gas compressor station” to Section 3-3(a)(1) thereof, thereby including “natural gas compressor station” within the itemized list of stationary sources subject to the provisions of Section 3-3.

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: Fabian Bedne, Jacobia Dowell, Karen Johnson, Tanaka Vercher, Michael Freeman, Sam Coleman, Robert Swope, Nancy VanReece, Mina Johnson