Nothing in this part shall be deemed to grant the board or department any jurisdiction or authority with respect to air pollution existing solely within commercial or industrial plants, works or shops or to affect the relations between employers and employees with respect to or arising out of any condition of air pollution. In exercising powers to prevent, abate and control air pollution, the board or department shall give due consideration to all pertinent facts, including, but not necessarily limited to:

(1) The character and degree of injury to, or interference with, the protection of the health, general welfare and physical property of the people;
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Terms Used In Tennessee Code 68-201-106

  • Air contaminant: means particulate matter, dust, fumes, gas, mist, smoke, or vapor, or any combinations thereof. See Tennessee Code 68-201-102
  • Air contaminant source: means any and all sources of emission of air contaminants, whether privately or publicly owned or operated. See Tennessee Code 68-201-102
  • Air pollution: means presence in the outdoor atmosphere of one (1) or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life or to property, or which unreasonably interfere with the enjoyment of life and property. See Tennessee Code 68-201-102
  • Board: means the air pollution control board. See Tennessee Code 68-201-102
  • Department: means the department of environment and conservation. See Tennessee Code 68-201-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Regulations: means the standards, policies, rules and regulations promulgated by the board to attain and maintain ambient air quality standards within the intent and purpose of this part. See Tennessee Code 68-201-102
(2) The social and economic value of the air contaminant source;
(3) The suitability or unsuitability of the air pollution source to the area in which it is located. In this respect it is expressly anticipated that the board may establish zones and categories of air contaminant sources in which the standards, rules and regulations may differ according to zone and category of air contaminant source;
(4) The technical practicability and economic reasonableness of reducing or eliminating the emission of such air contaminants;
(5) The economic benefit gained by the air contaminant source through any failure to comply with this part and regulations promulgated thereunder; and
(6) The amount or degree of effort put forth by the air contaminant source to attain compliance.
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