MEMPHIS AND SHELBY COUNTY 

HEALTH DEPARTMENT 

DIRECTOR 

.JOHN B. KIRKLEY, M.D. 

INTERIM HEALTH 0F"F1CER 

YVONNE S. MADLOCK 

DR. WILLIE W. HERENTON 

September 24, 2003 CITY OF" MEMPHIS A C WHARTON, .JR. 

MAYOR SHELBY COUNTY 

MAYOR 

Barry R. Stephens, Technical Secretary 

Tennessee Air Pollution Control Board 

9th Floor, L & C Annex 

401 Church Street 

Nashville, TN 37243-1531 

SUBJECT: SIP Revision Submittal and Completion of Conditions 

in Certificate of Exemption, Section Ill 

Dear Mr. Stephens: 

In accordance with Title 40 CFR Part 51, §51.1 03 and Appendix V, six (6) 

copies of the following administrative materials are hereby submitted with a 

request that the Tennessee Air Pollution Control Board submit five (5) copies to 

U.S. EPA to revise the State Implementation Plan for the City of Memphis, 

Shelby County, and its included municipalities of Arlington, Bartlett, Collierville, 

Germantown, Millington, and Lakeland: 

1. Copies of the ordinance revisions adopted by each jurisdiction listed 

above are included with this submittal. Adoption and effective dates 

appear in the table below. 

Jurisdiction Adoption Date Effective Date 

Shelby County Ordinance No. 241 7/30/01 

7/30/01 

Ordinance 265 9/9/02 

9/9/02; and 

Ordinance 267 10/12/02 

10/12/02 

City of Memphis Ordinance No. 4867 6/19/01 

6/19/01 

Ordinance 4981 12/17/02 

12/17/02 

Arlington • Ordinance 2003-01 4/7/03 

- . . ·-····· . ... -·· 4/7/03 

Bartlett : Ordinance 03-06 4/22/03 -

4/22/03 

Mission 

-

I 

-~·· 

I 

~:. ~· 

lid 

~ .~ 

To promote, protect and improve the health and environment of all Shelby County residents. 

814 ..JEF"F"ERSON AVENUE+ MEMPHIS, TENNESSEE 38105 

PH 0 N E '=Pege·l~@--7600 
Jurisdiction Adoption Date Effective Date 

Collierville Ordinance 2002-01 2/11/02 

2/11/02 

Germantown Ordinance 2003-2 6/9/03 

6/9/03 

Lakeland Ordinance 03-39 6/12/03 

6/12/03 

Millington Ordinance 2002-2 11/22/02 

11/12/02 

2 Pursuant to Tennessee Code Annotated§ 68-201-115, the Memphis 

and Shelby County Health Department administers a local air pollution 

control program under a Certificate of Exemption effective July 1, 2002 

through June 30, 2004. Six copies are enclosed. Section Ill of the 

Certificate of Exemption required Collierville and Millington to complete 

adoption of an ordinance that transfers authority to hear appeals of 

administrative actions of the Memphis and Shelby County Health 

Department to the Memphis and Shelby County Air Pollution Control 

Board and to eliminate the appellate provisions to their respective 

Boards of mayor and Aldermen. Section Ill of the Certificate of 

Exemption also required completion of local ordinance adoption 

following correct procedures for incorporation by reference of state 

and/or federal regulations in local air pollution control ordinances 

pursuant to T.C.A. §68-201-115. This condition has also been met. 

3. Six (6) copies of the ordinance adopted by each jurisdiction are 

enclosed. In addition, an O~o·erstril~e Underline version of the Shelby 

County ordinance is enclosed to show what was deleted and what was 

added. A Summary Sheet for the Shelby County Commission has also 

been enclosed. 

4. All of the procedural requirements of Tennessee were followed in 

conductinQ,and completing the adoption of the ordinances. T.C.A. 

---· - - · §68...20W -iS-r~Wres-that . .thr.ee-(.3}-copies-Of...alr:...poJlutio,un .ucown.u.ltr.JJO.L.-_____ _ 

regulations to be incorporated by reference be filed in the office of the 

county clerk for public use, inspection and examination for a period of 

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thirty (30) days before adoption of the ordinance that incorporated such 

regulations by reference. T.C.A. §6-54-502 requires that one (1) copy 

of regulations to be incorporated by reference by a municipality be filed 

with the municipal clerk at least fifteen (15) days prior to adoption of an 

ordinance incorporating them by reference. Six (6) copies of each 

Proof of Filing are enclosed. This statute also states that no ordinance 

or resolution incorporating regulations by reference shall be effective 

until published in a newspaper having a general circulation in the 

municipality or county. Proof of such newspaper publications is also 

enclosed: October 11, 2002 Daily News--Shelby County Ordinance 

No. 265; November 22, 2002 Daily News--Shelby County Ordinance 

No. 267; November 29-December 5, 2002 Memphis Business 

Journal-City of Memphis Ordinance No. 4981; July 17,2003 Daily 

News-Arlington, Bartlett, Collierville, Germantown, Lakeland and 

Millington combined publication of incorporation by reference 

provisions. 

5. Six (6) copies of the May 22, 2002 Daily News publication of thirty 

days' advance public notice of proposed SIP revisions (ordinance 

revisions) and availability for public use, inspection and examination or 

regulations to be incorporated by reference are enclosed. This notice 

was also mailed to the Shelby County Mayor and to the Mayors of 

each municipality in May, 2002, for posting. 

6. In addition to the May 22, 2002, publication, the satellite municipalities 

noted their own separate public hearing dates on the last page of the 

ordinances. In addition, the Technical Manager presented the 

proposed ordinance revisions to the Air Quality Subcommittee at the 

Memphis Regional Chamber of Commerce on August 15, 2002. 

7. No public Q9mments were made at the County Commission meeting 

on June 17, 2002. However, a compilation of public comments made 

by members of the Air Quality Subcommittee of the Memphis Regional 

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Chamber of Commerce and responses thereto is enclosed. Note that 

Shelby County Ordinance No. 267 was drafted and adopted to respond 

to some of these comments. The provisions in Shelby County 

Ordinance No. 267 were then included in a single ordinance for each 

of the remaining municipalities. 

Technical Support 

1. The regulated pollutants affected by these revisions include carbon 

monoxide, lead, nitrogen oxides, volatile organic compounds, sulfur 

dioxide, particulate matter, and hazardous air pollutants listed in Section 

112 of the Clean Air Act. 

2. Sources within Shelby County, the City of Memphis, Arlington, Bartlett, 

Collierville, Germantown, Lakeland, and Millington are subject to these 

revisions. Shelby County and its included municipalities are designated 

"attainment" for all six (6) criteria pollutants. 

3. These SIP revisions do not result in quantifiable changes in SIP allowable 

emissions from affected sources. The following revisions are included in 

this regulatory revision package: 

• Retains for calendar years 1999, 2000 and 2001 emissions a $29.65/ton 

fee, without consumer price index adjustment 

• Updates incorporation by reference of State air pollution control rules to 

include text that became State effective by December 21, 2000 

• Incorporates by reference the latest edition of the Transportation 

Conformity Rule, Tennessee Administrative Rule1200-3-34 

• Incorporates by reference the Emergency Episode Plan Rule, Tennessee 

Administrative Rule 1200-3-15 

• Revises penalties for noncompliance to include all penalties in T.C.A. §68-

201-112 and §68-201-116 that apply to local air pollution control programs 

& 

• Clarifies information an applicant for a variance must provide and states 

that burden of proof is on the applicant for variance, consistent with T.C.A. 

§68-201-118(k) 

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• Clarifies right of entry authority of Air Pollution Control employees to 

ensure compliance through inspection 

• Updates open burning rule to include air curtain destructor siting criteria; 

materials prohibited from burning, definitions, exception after natural 

disasters, and exception for fires for agricultural control of diseases and 

pests or production or harvesting of crops in accordance with practices 

acceptable to the Health Department (except Collierville will add this in 

2003 ordinance) 

• Clarifies that a source subject to a National Emission Standard for 

Hazardous Air Pollutants that applies to all volatile organic compound 

emissions at that source does not also have to comply with the VOC rule 

• Expands the Air Pollution Control Board by two members and requires 

that all appeals of administrative actions of the Memphis and Shelby 

County Health Department be heard only by the Memphis and Shelby 

County Air Pollution Control Board. NOTE: This was accomplished by 

earlier ordinances in Shelby County and the City of Memphis. 

4. Because these revisions do not result in quantifiable changes in Sl P 

allowable emissions from affected sources, the SIP will continue to protect 

the NMQS, PSD increments, and visibility, as applicable. 

5. Modeling information is not applicable to these revisions. 

6. Continuous emission reduction technology is not applicable to these 

revisions. 

7 The SIP continues to contain emission limitations, work practice standards 

and recordkeeping/reporting requirements, where necessary, to ensure 

emission levels. These revisions do not undo any of these limitations, 

standards, or requirements. 

8. Compliance/enforcement provisions have been revised in this regulatory 

package in Coale of Shelby County Section 3-3, City of Memphis Code 

Section 16-57, and corresponding sections of the other six municipal 

codes The revisions add enforcement authority; add Class C 

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misdemeanor fines of $10,000/day and/or imprisonment up to 30 days 

(except Code of Shelby County will add this particular language in its 2003 

ordinance); add authority for the Health Officer to litigate for violations; 

add authority to abate an air pollution public nuisance; and add authority 

to collect for damages to the State, Shelby County, or an included 

municipality. Violations will continue to be discovered through complaint 

response, annual inspections of Title V major sources and synthetic minor 

sources, inspections every other year of minor sources, evaluation of 

monitoring reports and compliance certifications, and review of permit 

applications. 

9. Applicable EPA policies do not require special economic and technological 

justifications for this regulatory revision package. 

Enclosures 

,~~~~al:y~'~ 1\tA~ Diane L. Arnst, Attorney at Law 

Technical Manager 

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