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 AMINIMUM 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:



# • 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 CountyAir Pollution ControlBoard, hereinafter referred to as ''the Board" tobe composed of nine members tobe 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 Boardwho 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 tobe appointed jointlyby
.the Mayor of the Cityof Memphis and the Mayor of Shelby County and confirmed byboth 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 airpollutioncontrol, one physician licensed topractice inTennessee, one attorney licensed topractice law in Tennessee, one member of academia, a representative of industry at large, and such other citizenmembers as may be appointed, except that industrymay 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 tobe a citizenof one of these communities. (b) The terms of themembers shall be four years except that of the initially appointedmembers, 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 Boardmember expire without a replacement member being appointed, the existingmember shall continue tohold the Boardmembership until such appointment or reappointment occurs. · 2 Amend S•ction 16-71. ''Created; Membership; Terms of Office; JurisdictionHearings; Appeals'' as described inA. 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 anyperson taking exception to and who is uniquely affectedby any decision, ruling, requirement, rule, regulation, or order of the Health Directororbyhis failure to act within a reasonable amount of time may take an appeal to the Board as establishedby this section. Such appeals shallbe 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 stayof the decision, ruling, requirement, rule, regulation or order in questionuntil the Board has taken final action on the appeal, except when the HealthDirector has actedunder 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 bymail to the interestedparties. 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 theparagraph shall read: (f) Hearings before the Board shall be conducted in the following manner: (5) Afterdue consideration of the written and oral statements, the testimony and arguments submitted at.the hearingupon such complaint, or, upon default in appearance of the respondent onthe returndate 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 laterthan 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 approvedby at least a majority of members to whichthe Board is entitled. 3. Amend Section 16-95. ''EMISSIONS FEE FOR STATIONARY SOURCES'', sub-paragraph (1)a.: By deleting from the first sentence thephrase: "a. Twenty-nine dollars and sixty-five cents ($29.651) per tonof emissions emitted'' and substituting in lieu thereof "a Twenty-four dollars .($24.001) per ton of actual emissions for 1999 calendaryear •.'' 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 calendaryear 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 publishedby 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 Indexwhich is most consistent

20 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 withDecember 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 withDecember 31, 2000. Amend Section 16-81. "Hazardous Air Contaminants" by replacing January 1, 1998 withDecember 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 withDecember 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.

325
. Amend Section 16-91.4. ''Preventionof 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 beenpassedby the Council, signedbythe Chairman of the Council, certified and delivered to the Office of the Mayor in writingbythe Comptroller, and become effective as otherwiseprovided by law
.

Chairman of Council ATTEST: DannyN
. 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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