### MEMPHIS AND SHELBY COUNTY 

# HEALTH DEPARTMENT

DIRECTOR .JOHN B. KIRKLEY, M.D. INTERIM HEALTH 0F"F1CER YVONNE S. MADLOCK

DR. WILLIE W. HERENTON September24, 2003 A C WHARTON, .JR. CITY OF" MEMPHIS MAYOR SHELBY COUNTY MAYOR Barry R. Stephens, Technical Secretary Tennessee Air Pollution Control Board 9th Floor, L 

### & CAnnex 401 Church Street Nashville, TN 37243-1531 SUBJECT: SIP Revision Submittal and Completion ofConditions in Certificate of Exemption, Section Ill Dear Mr. Stephens: In accordancewith Title 40 CFR Part 51, §51.103 and AppendixV, six (6) copies ofthe following administrative materials are hereby submitted with a request thatthe Tennessee Air Pollution Control Board submitfive (5) copies to U.S. EPAto revise the State Implementation Plan for the City of Memphis, Shelby County, and its included municipalities ofArlington, Bartlett, Collierville, Germantown, Millington, and Lakeland: 1. Copies ofthe ordinance revisions adopted by eachjurisdiction 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 ofMemphis Ordinance No. 4867 6/19/01 6/19/01 Ordinance 4981 12/17/02 12/17/02 Arlington 

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

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To promote, protect and improve the health and environment of all Shelby Countyresidents.
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 Pursuantto Tennessee Code Annotated§ 68-201-115, the Memphis and Shelby County Health Department administers a local air pollution control program undera Certificate of Exemption effective July 1, 2002 through June 30, 2004. Six copies are enclosed. Section Ill ofthe Certificate of Exemption required Collierville and Millington to complete adoption ofan ordinance thattransfers authorityto hear appeals of administrative actions of the Memphis and Shelby County Health Departmentto 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 ofthe Certificate of Exemption also required completion of local ordinance adoption following correct procedures for incorporation by reference ofstate and/orfederal regulations in local air pollution control ordinances pursuantto T.C.A. §68-201-115. This condition has also been met. 3. Six (6) copies ofthe ordinance adopted by eachjurisdiction are enclosed. In addition, an

**O~o·erstril~e** Underline version ofthe Shelby County ordinance is enclosed to showwhat was deleted and whatwas added. A Summary Sheetforthe Shelby County Commission has also been enclosed. 4. All ofthe procedural requirements ofTennessee were followed in conductinQ,and completing the adoption ofthe ordinances. T.C.A.



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___ __ _ regulations to be incorporated by reference be filed in the office ofthe county clerkfor public use, inspection and examination for a period of

Page2of6thirty (30) days before adoption ofthe 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 leastfifteen (15) days priorto adoption ofan ordinance incorporating them by reference. Six (6) copies ofeach 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 orcounty. Proof ofsuch newspaper publications is also enclosed: October 11, 2002 Daily News--Shelby County Ordinance No. 265; November22, 2002 Daily News--Shelby County Ordinance No. 267; November29-December 5, 2002 Memphis Business Journal-Cityof 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 ofthe May 22, 2002 Daily News publication ofthirty days' advance public notice ofproposed 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 Mayorand 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 ofthe ordinances. In addition, the Technical Manager presented the proposed ordinance revisions to theAir Quality Subcommittee atthe Memphis Regional Chamber of Commerce on August 15, 2002. 7. No public Q9mments were made atthe County Commission meeting
on June 17, 2002. However, a compilation ofpublic comments made by members ofthe Air Quality Subcommittee ofthe Memphis Regional

Page 3of6Chamber ofCommerce and responses thereto is enclosed. Note that Shelby County Ordinance No. 267 was drafted and adopted to respond to some ofthese comments. The provisions in Shelby County Ordinance No. 267 were then included in a single ordinance foreach ofthe 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 ofthe Clean AirAct. 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 forcalendaryears 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 includetext that became State effective by December21, 2000
• Incorporates by reference the latest edition ofthe 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 §68-201-116that applyto local air pollution control programs & • Clarifies information an applicantfora variance must provide and states that burden ofproofis on the applicantforvariance, consistent with T.C.A. §68-201-118(k)

Page 4 of6• Clarifies right ofentry authority ofAir Pollution Control employees to
ensure compliance through inspection
• Updates open burning rule to include air curtain destructorsiting criteria; materials prohibited from burning, definitions, exception after natural disasters, and exception forfires for agricultural control ofdiseases and pests or production or harvesting ofcrops in accordance with practices acceptable to the Health Department (except Collierville will add this in 2003 ordinance)
• Clarifies that a source subjectto a National Emission Standard for Hazardous Air Pollutants that applies to all volatile organic compound emissions atthat 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 ofadministrative actions ofthe 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. Becausethese revisions do not result in quantifiable changes in SlP allowable emissions from affected sources, the SIP will continue to protect the NMQS, PSD increments, and visibility, as applicable. 5. Modeling information is notapplicableto these revisions. 6. Continuous emission reduction technology is notapplicableto 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 ofthese 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 ofthe other six municipal codes The revisions add enforcement authority; add Class C

Page5of6misdemeanorfines of$10,000/day and/or imprisonment upto 30 days (except Code ofShelby Countywill add this particular language in its 2003 ordinance); add authority forthe Health Officerto litigateforviolations; add authorityto abate an air pollution public nuisance; and add authority to collect for damages to the State, Shelby County, oran included municipality. Violations will continueto be discovered through complaint response, annual inspections ofTitle V major sources and synthetic minor sources, inspections everyotheryear ofminorsources, evaluation of monitoring reports and compliance certifications, and review of permit applications. 9. Applicable EPA policies do not require special economicand technological justifications forthis regulatory revision package.

Enclosures 

# ,~~~~al:y~'~ **1\tA~** Diane 

### L. Arnst, Attorney at Law Technical Manager

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