RESOLUTION NO. RS2016-458

A resolution expressing the Metropolitan Council’s support for the inclusion of recent revisions to Section 10.56.020 of the Metropolitan Code of Laws into the State Implementation Plan and requesting that the State of Tennessee Air Pollution Control Division (APCD) adopt such revisions.

WHEREAS, on July 5, 2016, the Metropolitan Council adopted Ordinance No. BL2016-234 which amended various sections of Chapter 10.56 of the Metropolitan Code of Laws to allow additional information requirements under section 10.56.020.A.1, and to add Metropolitan Zoning Code compliance to the provisions of section 10.56.020H; and

WHEREAS, the revisions to Chapter 10.56 in Ordinance No. BL2016-234 allow, in part, the Director of the Metro Health Department to request additional information from applicants for construction permits of equipment or facilities that are a source of air contaminant emissions, enabling the director to request information necessary to determine whether the source would operate in violation of Metro Code air pollution regulations or prevent attainment or maintenance of national air quality standards; and

WHEREAS, the revisions to Chapter 10.56 within Ordinance No. BL2016-234 further require all new sources of emissions to comply with the Metropolitan Zoning Code for the use of the property on which the source would be constructed, excluding legal nonconforming uses; and

WHEREAS, the State of Tennessee Air Pollution Control Division is considering, and has sought public comment upon, the inclusion of revisions to Davidson County’s Code of Ordinance Chapter 10.56.020 “Construction Permits” into the State Implementation Plan (SIP). Specifically, the APCD has sought comment on whether the recent ordinance amendment should be incorporated into the SIP; and

WHEREAS, revisions considered by the Tennessee Air Pollution Control Board may be adopted by the Board under Tenn. Code Ann. § 68-201-105, the Board’s general authority to promulgate rules.

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

Section 1. That the Metropolitan Council hereby goes on record as supporting the inclusion of the recent revisions to Section 10.56.020 of the Metropolitan Code of Laws, as enacted in Ordinance No. BL2016-234, into the State Implementation Plan and hereby requests that the State of Tennessee Air Pollution Control Division (APCD) adopt such revisions.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to the State of Tennessee Air Pollution Control Division.

Section 3. 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: Nick Leonardo, Fabian Bedne, Sheri Weiner, Steve Glover, John Cooper, Bob Mendes, Freddie O'Connell, Bill Pridemore, Erica Gilmore, Tanaka Vercher, Kevin Rhoten , Jacobia Dowell, Russ Pulley, Samuel Coleman

LEGISLATIVE HISTORY
Referred to:	Health, Hospitals and Social Services Committee
Introduced:	November 15, 2016
Adopted:	November 15, 2016
Approved:	November 16, 2016
By: