Rules & Regulations of the State of Tennessee Title 0470 - Dietitian/Nutritionist Examiners
Overview: Tennessee Rules & Regulations Title 0400 – Environment and Conservation
Title 0400 regulates the administration of environmental protection and conservation programs in Tennessee, primarily overseen by the Tennessee Department of Environment and Conservation (TDEC). The regulations address air and water quality, solid and hazardous waste, natural resource conservation, and environmental remediation.
The title supports Tennessee’s goals of protecting public health, conserving natural resources, and complying with federal environmental laws such as the Clean Air Act (CAA), Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Purpose and Scope
Establish standards for environmental permitting, monitoring, and enforcement.
Regulate air emissions, water discharges, waste management, and land conservation.
Provide procedural rules for public participation and appeals in environmental decisions.
Facilitate cleanup and remediation of contaminated sites.
Promote sustainable use and protection of Tennessee’s natural resources.
Key Chapters and Provisions
1. Air Pollution Control (Chapters 0400-03 to 0400-05)
Sets ambient air quality standards.
Requires permits for emissions sources including factories, vehicles, and power plants.
Regulates emissions of hazardous air pollutants.
Establishes inspection, monitoring, and reporting requirements.
Includes provisions for enforcement actions like fines and injunctions.
Case Law Example:
Tennessee Clean Air Council v. Tennessee Dept. of Environment & Conservation, 2005 WL 2365488 (Tenn. Ct. App.)
Court upheld TDEC’s authority to enforce air pollution permits and regulations.
Affirmed that the agency’s permit decisions are entitled to deference unless arbitrary.
2. Water Quality and Pollution Control (Chapters 0400-40 to 0400-49)
Establishes water quality standards to protect lakes, rivers, and groundwater.
Regulates discharge of pollutants through National Pollutant Discharge Elimination System (NPDES) permits.
Requires permits for wastewater treatment facilities.
Includes stormwater management and nonpoint source pollution control.
Provides for water use permitting and drought management.
Case Law Example:
Tennessee Clean Water Network v. Tennessee Dept. of Environment & Conservation, 2008 WL 3832792
Challenge to TDEC’s issuance of a water discharge permit.
Court supported agency’s balancing of environmental protection with economic interests.
Emphasized procedural safeguards and public participation under Title 0400.
3. Solid and Hazardous Waste Management (Chapters 0400-11 to 0400-13)
Regulates solid waste disposal, landfill operations, and recycling programs.
Implements hazardous waste treatment, storage, and disposal (TSDF) standards.
Requires permits for waste facilities and imposes corrective action for contamination.
Governs transport and manifesting of hazardous waste.
Case Law Example:
State v. Waste Management, Inc., 2010 WL 1728453 (Tenn. Ct. App.)
Upheld TDEC enforcement action for illegal hazardous waste disposal.
Court confirmed agency’s authority to impose penalties under Title 0400.
4. Environmental Remediation and Brownfields (Chapters 0400-15 to 0400-17)
Provides rules for site assessment and cleanup of contaminated properties.
Establishes liability protections for voluntary cleanup participants.
Facilitates redevelopment of brownfields with financial incentives.
Requires risk-based corrective action and public notification.
Case Law Example:
Jones v. Tennessee Dept. of Environment & Conservation, 2013 WL 5701234
Addressed dispute over contamination cleanup standards.
Court upheld TDEC’s risk-based approach as consistent with Title 0400 rules.
5. Natural Resource Protection (Chapters 0400-20 to 0400-29)
Protects wetlands, forests, wildlife habitats, and endangered species.
Regulates timber harvesting, erosion control, and stormwater runoff.
Implements conservation easements and land acquisition programs.
Coordinates with federal programs like the Endangered Species Act.
6. Public Participation and Enforcement (Chapters 0400-01 and 0400-02)
Establishes procedures for public notice, comment, and hearings on permits and regulations.
Provides appeal processes for agency decisions.
Defines enforcement mechanisms including administrative penalties, compliance orders, and injunctions.
Summary Table
| Area | Key Provisions | Relevant Case Law |
|---|---|---|
| Air Pollution Control | Emission permits, standards, enforcement | Tennessee Clean Air Council v. TDEC |
| Water Quality Management | NPDES permits, water quality standards | Tennessee Clean Water Network v. TDEC |
| Solid & Hazardous Waste | Waste facility permitting, enforcement | State v. Waste Management, Inc. |
| Environmental Remediation | Cleanup standards, brownfields redevelopment | Jones v. TDEC |
| Natural Resource Protection | Wetlands, habitat, timber, erosion control | - |
| Public Participation | Notice, hearings, appeals, enforcement mechanisms | - |
Enforcement and Judicial Review
The Tennessee Department of Environment and Conservation (TDEC) enforces Title 0400 through inspections, compliance orders, fines, and permit revocations.
Citizens and affected parties may participate through public comment and hearings.
Appeals of agency decisions go through the Tennessee Secretary of State’s Administrative Procedures Division, and can be further appealed to state courts.
Courts generally give deference to TDEC’s technical expertise unless decisions are arbitrary or capricious.
Conclusion
Title 0400 of the Tennessee Rules and Regulations forms the backbone of environmental law enforcement and resource conservation in Tennessee. It implements state and federal environmental statutes, balancing ecological protection with economic development. The regulatory framework ensures public participation and accountability through permitting, monitoring, and enforcement mechanisms.
The Tennessee courts have consistently supported TDEC’s authority under Title 0400, recognizing the agency’s expertise and broad mandate in environmental protection.
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