Section 0400-30-17-.03 - CONFLICT OF INTEREST ON THE PART OF THE BOARD AND TECHNICAL SECRETARY(1) Definition - A "conflict of interest" occurs when a Board member or the Technical Secretary takes an action in the performance of their duties that singularly benefits a source when the Board member or the Technical Secretary has a significant portion of their personal income derived from the operations of said source. The actual or potential receipt of penalties, judgments, grant awards, or fees by the State of Tennessee as a result of promulgated rules, orders by the Technical Secretary, Board orders, judgments awarded in a court of law, or grant applications to government or private entities shall not identify the State of Tennessee as a source as that term is defined in subparagraph (2)(c) of Rule 0400-30-17-.02. If a specific case involves a source of pollution owned or operated by state or federal government, the Technical Secretary or Board member shall have a conflict of interest only if a significant portion of his or her income is derived from the operation of that source of pollution.
(2) Declaration - Prior to the issuance of a permit, variance or an enforcement order that requires an action on their part, the Technical Secretary or a Board member shall issue a written statement that declares any conflict of interest that they may have in the matter. Statements by the Technical Secretary shall be written and delivered to the Chairman or Vice-Chairman of the Board. Statements by Board members may either be in writing or be verbal and made part of the Board Meeting minutes. No Board Member or the Technical Secretary shall be required to quantify their conflict of interest or make a more detailed explanation of their conflict than otherwise required by Rule 0400-30-17-.05 or by T.C.A. § 4-5-302. For the purpose of this chapter, a "yes" or "no" declaration is sufficient and that is required only if a conflict of interest is present.(3) Rulemaking Exclusion - It is recognized that the Board's make-up is such that certain interest groups are represented by each Board member. To that end, a Board member supporting rulemaking for their interest group as a whole will not be viewed as having a conflict of interest for such advocacy. However, industry-specific rulemaking that would relax an otherwise general emission standard or procedural requirement for a source that causes a Board member to have a conflict of interest shall be subject to a disclosure of conflict of interest by Board members.(4) Procedure When a Conflict of Interest is Encountered -(a) Procedure for the Technical Secretary - In the event that the Technical Secretary has a conflict of interest, his actions in such matters shall be subject to ratification by the Board. The Board shall have the power to affirm, modify or set aside the proposed actions of the Technical Secretary. Upon ratification, the Technical Secretary's action shall become final.1. Any timelines for action placed upon the Technical Secretary or Department in this rule division, 0400-30 or rule division 1200-03, shall be extended by the amount of time needed to bring the proposed action to the Board for review and ratification. Deadlines for action imposed by federal regulations of the United States Environmental Protection Agency are not eligible for such extension. Similarly, deadlines specifically imposed in Tennessee statutes are not eligible for such extension.(b) Procedure for Board Members - In the event that a Board member has a conflict of interest, the following procedures shall apply:1. If a Board member has a conflict of interest as that term is defined in this chapter, the Board member shall recuse himself or herself from participation in the matter for which the conflict exists as provided in Rule 0400-30-17-.05.Tenn. Comp. R. & Regs. 0400-30-17-.03
Original rule filed June 25, 2013; effective September 23, 2013. Rule renumbered from1200-03-17.Authority: T.C.A. §§ 68-201-101 et seq. and 4-5-201 et seq.