# Tenn. Code Ann. § 68-201-106: Matters to be considered in exercising powers

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C201_S68-201-106

## Section

- **Citation:** Tenn. Code Ann. § 68-201-106
- **Heading:** Matters to be considered in exercising powers
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 68 / Chapter 201 / Section 68-201-106

## Text

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; (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. Acts 1967, ch. 367, § 6; 1971, ch. 362, § 7; 1979, ch. 299, § 7; T.C.A., § 53-3413; Acts 1984, ch. 788, § 5; T.C.A., § 68-25-106.
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;
(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.
Acts 1967, ch. 367, § 6; 1971, ch. 362, § 7; 1979, ch. 299, § 7; T.C.A., § 53-3413; Acts 1984, ch. 788, § 5; T.C.A., § 68-25-106.

## Nearby sections

- [Tenn. Code Ann. § 68-201-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C201_S68-201-101.md)
- [Tenn. Code Ann. § 68-201-102 Part definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C201_S68-201-102.md)
- [Tenn. Code Ann. § 68-201-103 Intent and purpose](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C201_S68-201-103.md)
- [Tenn. Code Ann. § 68-201-104 Creation of air pollution control board - Members - Meetings - Organization](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C201_S68-201-104.md)
- [Tenn. Code Ann. § 68-201-105 Powers and duties of board - Notification of vacancy - Termination due to vacancy - Conflict of interest policy](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C201_S68-201-105.md)
- [Tenn. Code Ann. § 68-201-106 Matters to be considered in exercising powers](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C201_S68-201-106.md)
- [Tenn. Code Ann. § 68-201-107 Powers and duties of technical secretary](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C201_S68-201-107.md)
- [Tenn. Code Ann. § 68-201-108 Hearings](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C201_S68-201-108.md)
- [Tenn. Code Ann. § 68-201-109 Emergency stop orders for air contaminant sources - Hearings](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C201_S68-201-109.md)
- [Tenn. Code Ann. § 68-201-110 Judicial review](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C201_S68-201-110.md)
- [Tenn. Code Ann. § 68-201-111 Right of board or commissioner to injunctive relief](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C201_S68-201-111.md)
- [Tenn. Code Ann. § 68-201-112 Penalty for violations - Duty of district attorneys general - Abatement of public nuisance](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C201_S68-201-112.md)
- [Tenn. Code Ann. § 68-201-113 Existing civil or criminal remedies not impaired](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C201_S68-201-113.md)
- [Tenn. Code Ann. § 68-201-114 Intent of remedies - Rights of action unaffected](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C201_S68-201-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C201_S68-201-106. Check the current official text before relying on it. Not legal advice.