ORDINANCE NO: 

AN ORDINANCE TO AMEND CHAPTER 16, ARTICLE II, 

CODE OF ORDINANCES, CITY OF MEMPHIS: SO AS TO 

ADD ADDITIONAL BOARD MEMBERS; TO AMEND APPELLATE 

TIME FRAME SO AS TO MINIMIZE THE EFFECT OF 

DELAYED COMPLIANCE ON THE HEALTH AND WELFARE OF 

';['HE PUBLIC; SO AS TO AMEND THE ANNUAL EMISSION 

FEE AMOUNT; SO AS TO ESTABLISH A MINIMUM ANNUAL 

OPERATING/INSPECTION FEE FOR FACILITIES THAT 

HOLD MAJOR SOURCE AIR POLLUTION PERMITS; SO AS 

TO AMEND AN EMISSION FEE ADJUSTMENT FACTOR, AND; 

SO AS TO UPDATE . AIR POLLUTION CONTROL 

REGULATIONS TO MEET CLEAN AIR ACT REQUIREMENTS 

SECTION 1. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MEMPHIS, That 

Chapter 16, Code of Ordinances, City of Memphis be and the same is hereby 

amended as follows: 

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1 Amend Section 16-71. "CREATED; MEMBERSHIP; TERMS OF OFFICE; 

JURISDICTION HEARINGS; APPEALS'' by replacing existing paragraphs (a) and (b) with new paragraphs (a) and (b) as follows: 

(a) There is hereby created the Memphis and Shelby County Air 

Pollution Control Board, hereinafter referred to as ''the 

Board" to be composed of nine members to be appointed as described in (1) and (2) below. No member of the Board shall 

hold any elective office or receive any governmental salary 

except as a member of the faculty or staff of a school in 

the Tennes·see educa.tion system. Otherwise, all members shall serve without compensation. Any member of the Board who has 

any conflict of interest or potential conflict of interest 

shall make adequate disclosure of it and abstain from 

matters related to it. 

(l) Eight (B) members of the Board are to be appointed jointly by. the Mayor of the City of Memphis and the 

Mayor of Shelby County and confirmed by both the 

Memphis City Council and the Shelby County Board of 

Commissioners. These eight members shall consist of 

the following: One professional engineer knowledgeable in the field of air pollution control, one physician licensed to practice in Tennessee, one attorney licensed to practice law in Tennessee, one member of 

academia, a representative of industry at large, and 

such other citizen members as may be appointed, except that industry may have no more than two 

representatives. 

(2) One member of the Board is to be appointed by the 

Executive Committee of the Memphis Area Association of 

Governments. This member is to be representative of 

the municipalities of Arlington, Bartlett, 

Collierville, Germantown, Lakeland, and Millington and 

is to be a citizen of one of these communities. 

(b) The terms of the members shall be four years except that of 

the initially appointed members, of which three shall serve for four years, two shall serve for three years, two shall serve for two years and two shall serve for one year as designated at the time of appointment. Whenever a vacancy 

occurs, the vacancy shall be filled for the unexpired term 

in the same manner as the original appointment. Should the 

term of any Board member expire without a replacement member 

being appointed, the existing member shall continue to hold 

the Board membership until such appointment or reappointment occurs. · 

2 Amend S•ction 16-71. ''Created; Membership; Terms of Office; 

Jurisdiction Hearings; Appeals'' as described in A. and B. below : 

A. Inserting the words ''- not more than sixty (60) days after 

the date of filing of the appeal..." into the last sentence 

of paragraph (e) of Section 3-35 so that as amended the 

paragraph shall read: 
(e) Any person seeking a variance from the provisions of 

this Chapter or any person taking exception to and who 

is uniquely affected by any decision, ruling, 

requirement, rule, regulation, or order of the Health 

Director or by his failure to act within a reasonable 

amount of time may take an appeal to the Board as established by this section. Such appeals shall be 

made within fifteen (15) days after receiving notice 

of such decision, ruling, requirement, rule, 

regulation, or order or failure to act by filing a written notice of appeal directly to the Board 

specifying the ground thereof and the relief 

requested. Such an appeal shall act as a stay of the 

decision, ruling, requirement, rule, regulation or order in question until the Board has taken final 

action on the appeal, except when the Health Director 

has acted under Section 16-59, "Emergency Order." The 

Board, not more than thirty (30) days after the date 

of filing an appeal, shall set a date for the hearing 

not more than sixty (60) days after the date of filing 

of the appeal and shall give notice thereof by mail to 

the interested parties. 

B. Inserting the words " ... not later than sixty (60) days after 

the hearing date ... " into the first sentence of subparagraph 

(f) (5) of Section 3-35 so that as amended the paragraph shall 

read: 

(f) Hearings before the Board shall be conducted in the 

following manner: 

(5) After due consideration of the written and oral 

statements, the testimony and arguments 

submitted at .the hearing upon such complaint, 

or, upon default in appearance of the respondent on the return date specified in the formal 

notice of complaint, the Board shall issue and 

enter such final order or make such final 

determination as it shall deem appropriate not 

later than sixty (60) days after the hearing 

date, and shall immediately notify the 

respondent thereof, in writing, by certified 

mail. Such order or determination shall be 

approved by at least a majority of members to 

which the Board is entitled. 

3. Amend Section 16-95. ''EMISSIONS FEE FOR STATIONARY SOURCES'', 

sub-paragraph (1)a.: 

By deleting from the first sentence the phrase: 

"a. Twenty-nine dollars and sixty-five cents ($29.651 ) per 

ton of emissions emitted'' 

and substituting in lieu thereof 

"a Twenty-four dollars .($24.001 ) per ton of actual 

emissions for 1999 calendar year •. '' 

4. Amend Section 16-95. "EMISSIONS FEE FOR STATIONARY SOURCES' 

sub-paragraph (1)b to read as follows: 

b. If no adjustment in the emissions fee rate established for 

any calendar year after 1992 is made by the county 

Commission, the fee shall be increased by the percentage, if 

any, by which the Consumer Price Index for the most recent 

calendar year preceding the unadjusted year exceeds the 

Consumer Price Index for the calendar year two years prior to 

the unadjusted year. This rate amount shall then reflect a 

one-year Consumer Price Index Adjustment. For purposes of 

this ordinance, the Consumer Price Index is the average of 

the Consumer Price Index for all urban consumers published by 

the Department of Labor, as of the close of the twelve month 

period ending on August 31 of each calendar year, and the 

revision of the Consumer Price Index which is most consistent 

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with the Consumer Price Index for 1989 shall be used 

5 Amend Section 16-94. "PERMIT FEE SCHEDULE" by deleting subparagraph (2)a.s. and substituting in lieu thereof a new subparagraph (2)a.s. to read as follows: 

5. Any source issued a permit 

implementing Title 40, Code of 

70 (Major Source Permits) ..... . 

pursuant to local rules 

Federal Regulations, Section 

$750 

6 Amend Section 16-46. "Definitions" by replacing January 1, 19.98 

with December 31, 2000. 

7 Amend Section 16-49. "Ambient Air Quality Standards" by replacing 

January 1, 1998 with December 31, 2000. 

8 Amend Section 16-52. ''Good Engineering Practice Stack Height 

Regulations'' by replacing January 1, 1998 with December 31, 2000 . 

.9 Amend Section 16-76. "New Source Performance Standards" by 

replacing January 1, 1.9.98 with December 31, 2000. 

10 Amend Section 16-77. "Construction and Operating Permits" by 

replacing January 1, 1998 with December 31, 2000. 

11 Amend Section 16-78. "Process Emission Standard" by replacing 

January 1, 1998 with December 31, 2000. 

12 Amend Section 16-79. ''Nonprocess Emission Standards'' by replacing 

January 1, 1998 with December 31, 2000. 

Amend Section 16-80. "Volatile Organic Compounds" by replacing 

January 1, 1998 with December 31, 2000. 

Amend Section 16-81. "Hazardous Air Contaminants" by replacing 

January 1, 1998 with December 31, 2000. 

Amend Section 16-82. ''Sulfur Oxide Emissions'' by replacing 

January 1, 1998 with December 31, 2000. 

Amend Section 16-83. "Visible Emissions" by replacing January 1, 

1998 with December 31; 2000. 

17. Amend Section 16-85. ''Required Sampling, Recording And 

Reporting'', by replacing January 1, 1998 with December 31, 2000 

18 Amend Section 16-86. "Methods of Sampling and Analysis" by 

replacing January 1, 1998 with December 31, 2000. 

19 Amend Section 16-87. "Malfunctions, Start-ups and Shutdowns" by 

replacing January 1, 1998 \~ith December 31, 2000. 

20 Amend Section 16-90. "General Alternative Emission Standards" by 

replacing January 1, 1998 with December 31, 2000. 

21 Amend Section 16-91. ''Lead Emission Standards'' by replacing 

January 1, 1998 with December 31, 2000. 

22 Amend Section 16-91.1. "Standards for Infectious Wast' 

Incinerator" by replacing January 1, 1998 with December 31, 2000. 

23 Amend Section 16-91.2. "Acid Precipitation Standard'' by replacing 

January 1, 1998 with December 31, 2000. 

24. Amend Section 16-91.3. · "Case by Case Determinations of Hazardous 

Air Pollution Control Requirements" by replacing January 1, 1998 

with December 31, 2000. 

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25 . Amend Section 16-91.4. ' ' Prevention of Accidental Releases ' ' by 

replacing January 1, 1998 with December 31, 2000 . 

SECTION 2. BE IT FURTHER ORDAINED, That this Ordinance shall take effect 

from and after the date it shall have been passed by the Council, signed by the 

Chairman of the Council, certified and delivered to the Office of the Mayor in 

writing by the Comptroller, and become effective as otherwise provided by law. 

Chairman of Council 

ATTEST: 

Danny N. Wray, Comptroller. 

NOTE: RULES INCORPORATED BY REFERENCE HEREIN FILED WITH THE RECORD IN THE 

OFFICE OF THE CLERK OF THE COUNTY COMMISSION AS REQUIRED BY T.C .A. 

§68 - 201-115. 

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i hereby certify that the lc olftl L~ • . 

copy • er.d sel~ documell! was adopted by the 

councH of the City of Memphis as above lndl· 

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