### ITEM# · __ **___,3~----** PREPARED BY _______ _ 

### COMMISSIONER
_ **___..REND~=...T,..ORFF~'--** APPROVED.BY _______ _


### ORDINANCE NO: 265
ORDINANCE BY THE
.

### BOARD OF COMMISSIONERS FOR SHELBY COUNTY, TENNESSEE, TO

**AME~** 

### THE ' SHELBY COUNTY AIR CODE TO RETAIN THE SAME ANNUAL El'YfiSSION FEE AMOUNT FOR CALENDAR YEAR 2001; AND, BY PROVIDING FOR REVISIONS FOR PENALTIES
. FOR NONCOMPLIANCE; VARIANCES; OPEN BURNING; VOLA'ITI.,E ORGANIC COMPOUNDS; HEARINGS; TO ADD A NEW RULE AUTHORIZING RIGHT OF ENTRY; A NEW RULE FOR EMERGENCY EPISODES; AND A NEW RULE FOR THE CONFORMITY OF MOBR.E SOURCE EMISSIONS WITHAIRQUALITYPLANS. 

## WHEREAS, It is the declared public policy ofShelby County to 

### maintain purity ofthe air resources of the community consistent with the protection ofnormal health, general welfare and physical property ofthe people, maximum employment and the full industrial development ofthe state.and to seek the accomplishment ofthese objectives through the prevention, abatement and control ofair pollution by all practical and economically feasible methods. It is also the intent of Shelby County to qualify for receipt of federal' funds available for air pollution control programs and to that end, this ordinance shall be construed to give the authority to so qualify and maintain such qualification; and 

### WHEREAS, Local regulation ofair quality 

### is the most efficientmeans towards that end; and 

### WHEREAS, The operation ofalocal air pollution control program by the Memphis/Shelby County Health Department, which 

### was established in the Shelby Colmty AliCode, adOpted on June 30, 1969 by the Shelby County Quarterly Court, and as amended, 

### has seived to protect the air quality in Shelby CountY and efficiently meet the needs ofthose regulatedby airpollutioncontrol laws; and · · · ·

. . .



### · WHEREAS, In orderto maintain the Certificate ofExemption 

### from State ofTennessee (State).supervision granted by the Tennessee AirPollution Control Board, it is necessary to adopt requireJ;llents no less stringentthan State standards; and · · 

### WHEREAS, Title V ofthe Clean AirAct of 1990 requires air pollution control programs that wish to operate a major source operating permit program to establish afee structure sufficient to fund the direct and indirect costs ofsuch aprogram; and 

## WHEREAS, The Board of County Commissioners for Shelby County has previously established a fee system to collect and 

### administer emissions fees and annual inspectioDioperating fees which has also been adopted in the othermunicipalities ofShelby

**County~**. and · · · 

## WHEREAS, The Board of County Commissioners wishes to retain the same annual $29
.65 per ton emission fee withoutConsumerPrice Index adjustmentfor calendaryear 200I; and 

### WHEREAS,

**Te~.see** Code AnnOtated§ 68-201·115(a) provides that any municipality or county may adopt an ordinance orresolution which incorporates by reference any federal or 

### state regulations when such regulations
are properly identified as to date and source, and when at least three (3)
.copies of such regulations which are incorporated by reference are filed in the office ofthe county clerk for public use, inspection md examination for a period ofthirty (30) days before adoption ofthe ordinance orresolution incorporating regulations byreference; and 

### WHEREAS, The Clerk ofthe County Commission has caused
.to be published 

### in a newspaper having general circulation in Shelby County, Temi.essee, notice ofthe avaiiabilityforp)lblic use,inspection and examination at the office ofthe Shelby County Clerkofthree (3) copies offederal and 

### Stateregulations tobe incorporatedbyreference for aperiodofthirty (30) days before adoption ofthe ordinance orresolution incorporating regulations byreference and notice thatthe date ofthe Second 

### Reading of

### this ordinance scheduled for June 17, 2002, is the date ofpubli c hearing on adoption ofsuch ordinance; and · · G 

## WHEREAS, Shelby County 

### has enacted air pollution control regulations not less stringent !han standards adoptedby the statepursuant

### to Chapter68-201, Part 1; ofthe 

### Tennessee Code

### AruJotated; and 

### WHEREAS, Such ordinance or resolution incorporating regulations by reference 

### shall become effective only after publication in anewspaperhaving a general circulation in !he county; and 

## WHEREAS, Maintaining up to date 

### technical standards promulgated by the Tennessee Department of Environment and Conservation (Tennessee) for the control ofIUr pollutionprevents the need for state control ofShelby County air pollution sources subjectto these controls, specifically those provisions found in the Rules and Regulations'ofTennessee Chapter 1200-3-2, titled Definitions; Chapter 1200-3-3, titled Ambient Air Quality Regulations; Chapter 1200-3-5, titled Visible Emissions: Chapter 1200-3-6,. titled Nonprocess Emission Standards; Chapter 1200-3-7, titled 

### Process Emissions Standards: Chapter 1200-3-9, titled Construction and Operating Pezmits; Chapter 1200-3-10, titled Required Sampling. Recording and Reoortil!g: Chapter 1200-3-11, titled Hazardous Air Contllminants; Chapter 1200- 3-12, titled Methods ofSampling and Analvsis; Chapter 1200-3-14, titled Control ofSulfurDioxide Emissions; Chapter 1200-3-15, titled Emergency Episode Plan: Chapter 1200-3-18, titled Volatile Organic Compounds; Chapter 1200-3- 20, titled Limits on Emissions due to Malfunctions. Startups and Shutdowns; Chapter 1200-3-21, titled General Alternate Emission Standards; Chapter 12Cl0-3-22, titled Lead Emission Standards; Chapter 1200-3-24, titled Good Engineering Practices StackHeightRegulations; Chapter 1200-3-25, titled Standards for Infectious Waste lncioerators; Chapter 1200-3-30, titled Acid Precipitation Standard; Chapter 1200-3-31, titled National Emission Standards for Hazardous Air Pollutants for Source Categories; Chapter 1200-3-32, titled Prevention ofAcciclental Releases; Chapter 1200-3-34, titled Conformity; and the New Source Performance Standards (with the exception ofSubparts B, C, Cb, Cc, Cd, Ce, AAA) and Appendices A, BandF ofthe Code ofFederal Regulations (CFR), Title 40, Part 60 (Revised as ofJuly 1, 2001) except forthe authorities therein

### retained by the Administrator and not transferred to a State. 

### NOW, THEREFORE, BE IT O:)IDAlNED BY. THE BOARD OF COUNTY COMMISSIONERS OFSHELBY COUNTY, TENNESSEE:
.. SECI'ION 1. That the Shelby County 

### Air Code, Section 3-3. PENALTIES -MISDEMEANOR. CIVIL, AND NONCOMPLIANCE, be amended by deleting in its entirety Section 3-3 and substituting in lieu thereof a new Section 3-3. PENALTIES FOR NONCOMPLIANCE to read 

### as follows: [Note: Updated to track 

### T.CA. §68-201-112 and 

### §68-201-1161 Section 3-3. PENAL

### TIES FORNONCOMPLIANCE: (a) Failure to comply V<ith any ofthe provisions ofthe Shelby County 

### Aif Code or Chapter 14.5 ofthe Code of Shelby County shall constitute aviolation thereofand shall subject-the person or persons responsible therefore to any and all ofthe penalties providedby law. (b) The Memphis and Shelby County Health Department in corijunction ·with the local Air Pollution Control Board shall have authority, at their option; to institute and litigate proceedings for violations as set outtherein. Any person who knowingly: (1) (2) (3) (4) Violates or fails to comply with any provision ofthe Shelby County Air Code or ofChapter 14.5 of the Code ofShelby County, any board or administrative order or any permitcondition; Makes any false matetialstiltement, representation, or certification 

### in any record, report, plan or other document required by permit.to be either filed ormaintained; · Falsifies, tampers with, renders inaccurate or 

### fails to· install any monitoring device or method required to be maintained or followed; or Fails to pay afee commits a Class C misdemeanor pursuant to the Tennessee Code Annotated with the fine not to exceed ten thousand dollars ($10,000) per day per violation. For the pUipose of this section, 

### each day of continued violation constitutes a sepante offense and is pwllshable as such. No warrant, presen1roent or iodictment arisiog under Section**3~3(b).** shall be issued except upon application, authorized in writing, by the Health Officer on behalf ofthe local air pollution control program operating under a certificate ofexemption pursuant to T.C.A. 

### §68-201-115, for aviolation within itsjurisdiction. (c) Willful and knowing violation ofany provision ofthe Shelby County 

### Air Code or ofChapter 14.5 ofthe Code of Shelby County is declared 

### to be a misdemeanor, and each day of violation shall constitute a separate offense. Conviction ofamisdemeanor 

### is punishable as provided 

### in Section 1-8 ofthe Code ofShelby County. (d) In addition and supplemental to any 

### criminal action whicb may be prosecuted under this section, Health Officer has and is vested withjurisdiction and authority to determine whether or not any provision ofthe Shelby County Air Code or of Chapter 14.5 ofthe Code of Shelby County, any permit condition, or any order has been violated, and whether ornot such violation**consti~es**a public nuisance. Upon such finding that a public nuisance exists, the Health Officer has authority to abate any such public nuisance in the mannerprovidedby**th~ gen~**  law**rel~g** to the abatement ofpublic nuisances. (e) Orders andAssessments.ofDamages and Civil Penalties andAppeals
0 

### (1)

(2) When the Health Officer discovers that 

### any provision ofthe Shelby County Air Code or ofChapter 14.5 ofthe Code ofShelby County has been violated, the Health. Officer may issue an order for correction 

## to the responsible person, and this order shall be complied with within the time limit specified in the order. S.uch.order shall bib served by personal sen<ice or. sent by**certifi~** maj_l, return receiptrequested. The recipient ofsuch an ordermay appeal 

### in the same manner 

### as with an assessment ofdamages or civil**p~ty**under subsection (2)
.. (a) In addition to the criminal penalties.in this section, any person who violates or 

### fails to 

### 2comply with inyproviSion ofthe Shelby County Air Code or ofChapter 14.5 ofthe Code ofShelby County or any standard adopted pursuantthereto iri a permit, shall be subject to a civil penalty ofup 

### to twenty-five thousand dollm ($25,000) per day for each day of violation. Any person against whom an assessment in excess of ten thousand dollars ($10,000) for. each violation has been ·iSsued by a local pollution control program pursuant to this section may petition the Technical Secretary for de novo review ofthe assessment under the provisions of 

### T.C.A. §68-201-II6. The Technical Secretary shall render an initial determination, and that initial determination may be appealed 

### to the Tennessee Air Pollution Control Board pursuant

## to thiS s.ection. Each day such violation continues constitutes 

## a"separate punishable" offense; and

# such person shall also be liable for any damages to the municipality resulting therefrom. (b) 

# AJ:Y civil penalty or damages shall be assessed 

### in the.following manner: The Health Officer on behalfofShelby County operatiiig under a ceitificate of exemption pursuant to 

### T.C.A..

**§68-201~115** mayissue an assessment against any person responSible for the violation or damages. Such person shall receive notice ofsuch assessmentby certified

**mai~** return reCeiptrequested;
. 2. Any person . aga.mst whom an assessment has been issued may appeal the assessment by filing a petition for review with the Health Officer, or with the Technical Secretary, of an assessment in excess of $10,000 for each violation, within thirty (30) days after receipt of.the assessment, setting forth the grounds andreasons for such person's objections and requesting a hearing on the matter; and 3. Ifapetition for review ofthe assessment 

### is. not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final. (c) In assessing such civil penalty, the factors specified in 

### _T.C.A.. §68-201-106 and Title 42 U.S.C. §7413 and §7420-may be considered.:

**D~ages** to the state or to Shelby County may include·any expeb.ses incurred in investigating the enforcing of this section; in removing, ccirrecting, ·or terminating the effi:cts of air pollution; and also compensation for any expense, loss or.destruction ofplant or animal life.or any other actual damages or clean-up expenses caused by the pollution or by the violation. The plea of fmancial inability to

**preven~** abate or control pollution by thepolluter or violator shall not be a valid defense to liability for violations ofthe provisions ofthe Shelby County AirCode or ofChapter-14.5 ofthe Code ofShelby County. (d) The issuance of an order or assessment of civil penalty by Shelby County operating under a certificate of exemption as provided for ·in this section 

### is intended to provide additional and cumulativ.e remedies to prevent, abate and control air pollution in Tennessee. Nothing

### herein shall be construed to preempt, supersede, abridge or otherwise alter any rights, action or remedies ofthe Technical Secretary, Tennessee Air Pollution Control Board or Commissioner of the
.Tennessee Department of Environment and (e) Conservation. · 

### 1. Whenever any order or assessment under .this section hi!S become final, a notarized copy ofthe order or assessment may be filed in the office ofthe clerk ofthe chancery court ofShelby County_ifthe final order or assessment is from Shelby County. 2. When filed in accordance wit!u1,1bdivision (c)l., a final order or assessment shall be considered as ajudgment by consent ofthe parties on the same terms and conditions as those recited therein. Suchjlldgment shall be promptly entered by the. court Except as otherwise. pro\dded:in this secti9n, the procedure for entry ofthe judgment and the effect thereof shall be the same as provided in Title 26, Chapter 6, Tennessee Code
. .Annotated.: ·



# - . 3. Within.forty-five (45) days after entry of a judgment under subdivision (e)2., any citizen ofShelby County shall have the right to intervene on the ground that the penalties or remedies provided are:inadequate or are based on erroneous 

### fipdings offacts. Upon receipt ofa timely motion to intervene, the court shall determine whether itis duplicitous pr fri,volou,s, and shall notify the movant and the parties ofits determination. 

### Ifthe

**mc;~tion** is determined not to be. duplicitous or frivolous, all, parties shall be considered t.o have sought review ofthe 

### final order or assessment, and the .coUrt shall

**pro~ed** in accordance with 

### T. C.A.. §4-5- 322. If no timely motion to
.intervene is filed, or 

### if any such motion is determined

### to be duplicitous or frivolous, thejlldgment shall become final fortyfive (45) days after the date ofent!Y,.



### 3

### 4
. A final judgment · under
. this 

### subsection has
.the same effect, is subject
. to the same procedures, and may be enforced or satisfied in the same manner, as any otherjudgment ofa court ofrecord ofthis state. 

### SECI'ION 2. That the Shelby County Air 

### Code, Section 3-5, Reference 1200-3-9, CONSTRUCTION AND OPERATING PERMITS, be amended bydeleting in 

### its entirety 

## item 1200-3-9-
.02(11)(b)14.(ii)(XXVm and substituting in

### lieu thereofanew item 1200-3-9-.02(11)(b)l4.(ii)(XXVD}so that 

### it reads 

### as follows: {Xxvn)Any other stationary source cate8ozy, 'whlch as ofAugust 7, 1980 is being regulated under sectionlll:or 

### (IZofthe 

### Act . 

### SECTION3
.. Thatthe Shelby Count)' 

## AirCode, Section 3-Io; **V~CES,** 

### be amended by deleting in 

### its entirety Section 3-10 and substinitiD.g in

### lieu thereofanew Section 3-lo,y .AlliANCES, to read as follows: (a) 

## AJ:J.y person who



### o~ oris in control ofany plant; building, 

### structure, 

### establishmen~ process or equipment including a gi:Oilp 

### ofpersons who·own or control · like processe,'l or

**lik~** 

### equipment may apply to the Air Pollution Control Hearing Board, hereinafter referred to as "the·Board", for a variance from rules or regulations governing the 

### qu!lity, 

## .nature,' duration or extent of discharge of air contaminants. The application for a variance

# sha.i! include information and data sufficient for the Board to make the fmdings requiredbelow. The hea.ring held hereunder shall be
**condu~ed** 

### in accordance with the rules ofevidence as set forth in Section 3-35(£) ofthe Shelby County 

### Air Code. The Board may grant such variance, but only after public hearing on·due notice· and subject to the Certificate ofExemption issued pursuant to T. C

.A
. 

### §68-201-115 if

### itfinds that
.

(b)
(c)

(d)



## e (c)

(f) 

### 1. nieemissions proposed to occur as aresult ofavariance would not endanger or tend to endanger human health, safety, or welfare, and would not cause.or tend to cause property damage; and
2. Compliance with the rules or regUlations from which variance is sought would produce serious hardship without equal 

### or gteater benc;fits to the public or.a variance is needed only until a rule adopted by the Tennessee ·Air Pollution Control Board becomes State effective. If economic hardship is claimed, adescription ofexpected monetary losses shall be included.

. .' . . . 

### No variance shall be granted or denied· pursuant to thls section 

### untii the Board has considered the relative interests ofthe applicant, other.owners ofproperty likfiilY to be affectcd
. by the discharges, and others who may be affected by gi-azlting ordenying_areqUestfor vam,nce . · Any variance orrenewal thereafshall be granted withinthe requirements ofsubsection (a) for time periods and under conditions consistentwith the reasons therefore,

**~d**

### withthe following limitations:



## ... 1; Ifthe variance is granted cin tlie grounds thatthere is no practicable means known or available for the adequate prevention, abatement,
. or eontrol ofthe air pollution
. involved, the variance shall be permitted onlyuntilthe necessary means for
**prev~ntion,** 

### abatement, or control become known and available, and the variance shall be 

### subject to the taking ofany substitute or alternate measures that

### the Boardmay prescn'be. · . 2. If 

### the variance is ' granted on the ground that 

### compliance with the particular requirement or requirements from which .variance is sought will
.. **n~itate** 

### the taking 

### ofmeasures which, because oftheir extent or cost, inust

### be spread over a cons. iderable period'
. oftime,, 

### it.shall be for a period not to exceed such reasonable time as; in view ofthe Board, is requisite for the taking of necessary measures. A vari
. ance 

### granted on the ground specified herein shall contain a timetable for the taking ofaction 

### in an expeditious manner.!Qid shill

**b~** 

### c()nditioned on adherence to such timetable and submittal of

**p~ocif**

### that such timeable is being 

### inei.
. 3. Any variance orrenewal ptedshall be for a

### tiiiie'peri~d notto exceed one (1) 

### year. Any variance granted pursuant tci this section may be



### ~11ew'~ by the 

### Air Pollutio11 COntrol Hearing Board
on tenns 

### and conditions and for periods which would 

### be'.appropriate on 

### fuitial granting of the variance following the same procedures required for issuance ofthe initial variance. Ifcomplaint is made to the Board on account ofthe variance, no renewal thereofshall be 

### grarited, unless, following public bearing on the complaint, the Board finds that renewal is

### justified No
. renewai:shan·be granted except on · application therefore. Any such application shall 

### be made at

### least sixty (60) 

### days pnorto the expiration ofthe variance. Immediately upon a receipt of an application for

**~ewal,** 

### the Board
.shall give public notice of such application in accordance

# with rules and regulations ofthe B
. oard.· .. Avariance ofrenewal shall notbe aright ofthe applicant orholderthereof: but shall be 

### in the discretion of the Board. However, any applic8nt adversely·affected
.by the deniil.! or the terms and conditions of the granting ofan application for a variance or renewal ofa variance by the Board may obtainjudicial review thereofonly 

### in acourt ofcompetentjurisdiction. Nothing in this 

### secti6n and no vari3nce orrenewal granted pursuanthereto shall 

### be construed to prevent or limit the application of the emergency provisions and procedliz.es' of Sections 3-4 and 3-14 (Reference 1200

-3

-15) to 

### any person orhis property. · ·



### 4

### SECI'ION 4. That the Shelby County Air Code, Section 3-13, RESERVED, be amended by deleting in its entirety Section 3-13 and substituting in lieu thereofa new Section 3-13, RlGHT OF ENTRY, to read as follows: For the putpose of canying out the requirements ofthe Shelby County Air Code and Section 14.5 of the Code of Shelby County, the Health Officer and his authorized representatives, .including engineers, assistants, environmentalists and other employees, shall be pennittcd at all reasonable times to enter into any manufacturing plants, business buildings or o1her buildings. and all lots, grounds and premises, in orderto 1horoughly examine any items in relation to public health and 

### airpollution thereon and therein. · 

### SECTION 5. That Chapter 1200-3·15 ofthe 

### Rulc5 ofTennessee DiVision ofAir Pollution, as effective on December 31, 2000, which is incorporated herein by reference as ifset out in its entirety, shall be adopted and approved as part ofthe Shelby County 

### Air Code which 

### was adopted on June 30, 1969, and as amended, by the Board ofCounty Commissioners, in accordance with 

### T.C.A. §68-201-115, and that the Shelby County Air Code, Section 3-14 RESERVED, be amendedby deleting in its entirety Section 3-14 and substituting in lieu thereofa new Section 3-14 (Reference 1200-3·15) EMERGENCY EPISODE PLAN.
. 

### SECTION 

### 6. That the Shelby County Air Code, Section**3-1~** OPEN BURNING, be amended by deleting in its entirety Section 3-16 and substitUting in lieu thereofa.new Section 3-16 OPEN BURNING to read as follows: [Note: this amendment add.! defUJ,itiow, air curtain destructor siting criteria, materials prohibited from burning and natural disaster**excep~on** in ll00-3-4 ofthe'State rule.} Section 3-16. Open Burning (a)

(b)

0

(c) No person shall cause, suffer, allow or permit open burning ofrefuse, garbage, trade waste, trees, limbs, brush, or materials from salvage operations. The open**~uming** oftires and other rubber products, vinyl shingles and siding. other· plastics; asphalt shingles and other asphalt roofmg materials, and/or asbestos containing materials 

### is expressly prohibited, and such materials.shall not be lawful in any open burning conducted underthe provisions ofSeetion 3-16. Open bwning as listed below may be conducted without permit subject to ftre department approval and provided furtherthat no.public nWsao.cc 

### is or will be createdby the open burning. I) Fires used for the cooking of food or for ceremonial, recreational or comfort-heating purposes including barbecues and outdoor fireplaces. This exception does not include commercial food preparation facilities and their operation. (2) Fires set for the training and instruction offiremen or for

### ~earch in tire protection or prevention. However, routine demolition of

### structures via supervised open burning by responsible tire control persons will not be considered fire training. Additionally, the person responsible for such burning, unless conducted at a recognized fire training 

### academy, must certify compliance with the following requirements by written 

### stateinent The certification

# .must be delivered to the Pollution Control Section of the MemPhis and Shelby Co1.Dlty Health Department (Department) at least ten (10) working days prior to commencilig the bum: · (i) The open burning is being conducted solely for fire training purposes. (ii) All vinyl sirung, 

### carpet, vinyl flooring, 

### ;!sphalt fi,ofmg

### ~terials, and any

### ~ther materials expressly prohibitedin**~ubsection** 3-16.(a),**have·~** rem9vecl. (iii) AD regulated asbestos containing materialS 'have been removed 

### in accordance with Section 3-25, Reference**1200-3-11~.02(2Xd)3.(x).** (iv) A 1raffic 

### hazard will notbe causedby the

### aii- contaJn.inants generatedby the fire training. (v) Apublic nuisance 

### willnotbe createdby the O:J)en burning. (3) Smokeless flares or 

### safety flares for the combustion ofwaste gaiies provided other applicable sections of

### this Section are met (4) Fires used for the reduction ofleaves on the premises on which .they fall by the person in control of (5)**the~es.** · Fire used for carrying out recogmed·

### agricultuxai procedw necessary for the production or harvesting ofcrops or for the control ofdiseases or pests, 

## In accordance with practices acceptable to the Department
. · · ·· 

### (6) Fires for tlie bllinin&

### ~f bodies of dead animals, including

### p~ultry, where no other safe and/or**p~cal** disposal**m~od** exists. · · Exceptions to subsection (a) maybe permitted'for vegetation ifall

# oftlie**f~Jowillg** conditions-are inefwnen an 

### air curtain destructor isused:
. ·

. ' (1) A request 

### is filed with 1he health officer 

### giving the reason why no method except open burning can be employed to dispose ofthe material involved, the amount and kind ofmaterial to be burned, the 

### 5exact location where the burning will take place, and the dates when the open burning will be done. All changes in
.types of, or ·increase in quantitieS of, materials burned must be preceded by notification. The no.tificatfon mustbe deliveredto the Department atleastten ( 1 0) working days prior to commencing the chailge in the bum. (2) The person 

### appl);ng for the permit certifies, by written statement, compliance with following distance requirements, ataminimum:

(3)

(4)

(5)

((6) ((7) (8) (i) The 

# open buriling site must be at least five hundred (500) feet from any Federal and from any State highway; and (ii) The open 

### burning 

### site



### must"~ at least one.thousand (1,000) 

### feet from any school national or state parlc, !llltional

### reservation, national or state forest, wildlife area, and/or residence not on the same property as the air curtain destructor; and (iii}

. The open burning site mustbe at least one-half(1/2) mile from any airport, nursing home or hospital The plume froni. the· air 

### curtain 

### destructor must meet the visible emission standards specified in Section 3-17, Reference 1200-3-5-.01(1); however, for certain materials the Department may allow one start-up period in excess of the standard, per day, nottoexceed 20 minutes in 24hours. All material to be burned must be dry and in otherrespects be in 

### a state to sustain good combustion. Open burning must be conducted· when ambient conditions 

### are such that ·good dispersion of combustion products will result: Priming materials used to facilitate such burning shall be limited to #1 or#2 grade fuel oiLS. No 

### fire shall be ignited while any airpollution emergency episode is in effect in the 

### area ofthe 

### bum. No 

### fire shall be ignited during 

### any exceedance ofthe National· Ambient Air Quality Standard for ozone, oxides ofnitrogen; earbon monoxide,
. or particulate 'matter. P=ittee is required to contact the Department's Computerized Local Air Index Reporting system (CLAIR) recorded line at (901) 544-7489 or 544-7490 before igniting afire to determine ifit 

### is a Burning Day cir aNo-Burning Day. Approval is reCeived from the Health Officerin writing. Permission is securedfrom the

# me dep8rtmentin thejurisdiction involved. The burning shall.be done between the hours of9:00

**a.~.** Jllld 4:00 p.m. or as authorized by the health officer. · ·· · · · · This approval shall not r-elieve the person responsiJ?le for such, burning from. the consequences of 

### any damages, injuries, or claims resulting from such burning.
. : . . . . . (d)



# • Definitions. (1)

(2)

(3}

(4) (5) "Air Curtain Destructor'' is.a portable or stationary !:ombuSrlon device that directs a plane ofhigh velocity

**forced~** air through a manifold head into 

### a bum chamberwith vertical walls in such a manner as to maintain a curtain of air over the surface. ofthe bum chamber and a recirculating motion ofair under the cUrtain. The use ofan 

### air curtain destructor is considered controlled open burning. "Air Pollution Emergency Episode"·is defined

**~** air pollution alerts, warnings, or emergencies declared by the Health Officer during adverse air·disperSion .·conditions that may result 

### in harm to public heath or welfare. "Natural Disaster" is defined as any event commonly referred to as an "Act ofGod" and includes but is not limited to the following weather related or naturally occurring categories of events: tornadoes, hail.and wind storms, 

### snow or ice storms, tloodins.,, apd earthquakes. "Open Burning" is the burning ofany matter under such co_nditions.that products ofcombustion are emitted directly into the open atmosphere without passing directly through a stack. "Person" is any individual, partnership, co-partnership, 

### firm, company, corporation, association, ·joint stock company; trust, eState, political" rubcllvision, 

### an agency, authority, commission, or department ofihe 

### United States government, or ofthe State of Tennessee government; or any otherlegal entity, or its legal rel'resentative, agent, or assigns: (e) Burning afternatural disasters. (1) OPen bUmmg ormatei':ialsresulting from 

## a-natUral

**~er,and-when** conductedJn_conformity
_ with the following conditions:conditions, may-be

**p~itted:** · (i) Fires disposing of structural and household materials and vegetation are allowed only when those structures or materials are destroyedqrseverely damaged by natural disaster.


### 6(2)

(3) (ii)

(iil) (iv)

(v) 

### .·.. : Input from ·Emergency



### ~anagement personnel may be requested in determining

**qual~cation**with this criteria. The provisions ofthis Section pertaining to structural and household materials may ·be waived if the persons seeking to open bum under this provision make a reasonable effort to rcmove all c:Xpressly prohibited material from the structural remains before ignition. The Department reserves the right to inspect the proposed materials to be burned before ignition. The alternative use of chippers and grinders, lanclfilling, or.on-site bu?aJ ofwaste in lieu ofburning, iflawful, is encouraged. Ifa governmental collective bum site for disposing ofstructural and household materials and vegetation damaged by a natural 

### disaster is planned, the person responsible for such burning must notify the Department ofthe proposed lacation. The notification must be delivered to the··oepartment at least three (3) daYs prior to commencing the burn. The Department .may 

### requtst that il.lteniate sites be 'identified to minimize impact to air quality. The alternative usc ofchippers andgrinders in lieu ofburning is encouraged. 

### A traffic·

## hazai-d 'willnot

### tie.caused

## b). the air contaminants generated by the fire.

. . No fire shall be ignited while any air pollution emergency episode is in effect in the area ofthe bum: No fire 

### shall be ignited during any exceedance ofthe National Ambient 

### Air Quality Standard for ozone, oxides of

### nitrogen, carbon monoxide, or particulate matter. Contact the Department's Computerized Local Air Index Reporting 

### systcm {CLAIR) recorded line at (901) 544-7489 

### Or 544-7490 before igniting a fire to determine 

### ifit is a Burning Day or aNo-Burning Day. Open burning con.ducted·tinder

## this exception is only ailowed where no other safe 

### imcllor practical means ofdisposal 

### iS.available.· : . ··. · · · · The Health Officer reserves the right to require a ·person to cease or limit open burning 

### if emissions from the fires are deemed 

### by the Health Officer or his designee tojeopardize public health or welfare, create a pub1ic nuisance .or safety hUard, create a potentiil.l safety hazard, or ·interfere with the attainntent or

**~e.intenance** ofthe air.quality standards
. • ·..... =: •.• •. AIJ.y exception to the open 

### bUrning prohibition gnmted by this Section docs not relieve any person ofthe 

### rcsponsibilicy to obtain a permit

**requir~d** by 

### any other agency, or ofcomplying with other applicable requirements,

**~ces,** orrcstrictions
..[Pm:tjc:UJar.attenti.on is directed to T.C.A. §39- 14-306, which prohibits open 

### afr fires between October 15 and May 15 within five hundred {500) feet ofany forest, grasslands or woodlands 

### without 

## first securing a permit from the State forester in unincorporated portions ofShelby County.]

. . 

### SECTION 7. That



### ~c Sheiby County 

### Air Code, Section.3-22, Reference 1200-3-18-.79, VOLATILE ORGANIC CO:Iv.IPOUNDS, be amended by adding language to part

**1200.-3-18~.79(1)(e)2.** so that it reads as follows: 2. Sources subject to source-specific standards approved 

## iit lieu of standards .in Rules .11 through
. 77 of this .chapter and sources subject to a National Emission Standard for Hazardous Air Pollutants (also called a MACT standard) that applies to all volatile organic compound emissions atthe source; and 

### SECTION 

### 8. That Chapter 1200-3-34 ofthe Rules ofTennessee Division ofAirPollution, as effective on November 14, 200l,which is incorporated herein by reference as ifset out 

### in its,entirety, shall be adopted and approved as part ofthe Shelby County 

### Air Code whichwas adopted on June 30; 1969, and a5 amended, by the Board ofCounty Commissioners, in accordance with T.C.A. §68-201-115; and that the Shelby County Air Code, Section 3-26 RESERVED, be amended by deleting in its entirety Section3-26 and substituting in lieu thereofanew Section 3-26 (Reference 1200-3-34) TRANSPORTATION CONFORMITY.
. 

### SECTION 9. That the Shelby County Air Code, Section 3-35,
..CREATED; MEM:BERSHIP; TERMS OF OFFICE; JURISDICTION HEARINGS; APPEALS, be amended by replacing existing paragraphs (e) and (±) with new paragraphs (e) and (f) as follows: · · (e) AIJ.y person taking exception to and who is uniquely affected by any decision, ruling, requirement, rule, regulation, or order ofthe Health Director or by his 

### failure to act within a reasonable amount oftime may take an appeal to the Board as established by this section. Such appeals shall be made within fifteen (15) days after receiving notice ofsuch decision, nl!ing, requirement, ru!e, 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 ac;t as a stay ofthe decision, 

### ruling, requirement, rule; regulation ororder in question until the Board has taken final action on the .appw; exceptwhen the Health Director·has acted under Section 16-59, "Emergency aider." The Board, notmore than thirty (30) days after the date offiling an appeal, 

### shall set a date for the hearing not more than sixty (60} days afterthe date offiling ofthe appeal andshall give

**noticeihereofby~.to** the..intercstedparties. (±) Hearings before the BoardShall be conducted inthe following manner: (1) Notice ofany and all hearings shall be given at.least fifteen (15) days prior to the scheduled date ofthe hearing by public advertisement in a newspaper of general circulation in Shelby County, 

### 7(2) (3)

(4)

(5)

(6)
(7)

(8) 

### . •· Tennessee giving the**da,~, ,time;~**  place and purpose ofthe hearing; and The chairman ofthe 'Board 

### shall act as the hearing examinerto conduct such hearing; and Any person see!cing a variance or any party who bas·filed a written notice of appeal pursuant to Section 3-35 

### oi Section 3-5 [Reference 1200-3-9-.05], may appear in person or by agent or attorney and present evidence, both written or oral, relevant to the questions and issues involved and may examine and cross examine witnesses. All testimony shall.be under oath and recorded. The Board is ·authorized to have all testimony transcn'bed and a trans¢pt of such testimony, if**transct:~1ied,** shall be made available to the respondent or any party to ·the hearing upon payment ofthe normal fee, which shall not exc.eed the cost oftranscribing such testimony. · After due consideration ofthe written and ora,! statements, the testimony and arguments submitted at the hearing upon such complaint, or, upon default in appearance 

## ofthe respondent on the return date specified in the formal notice ot'complaint, the Board shall issue and enter such final order or make such final determination as 

### it 

### shall deem appropriat.e not later than sixty (60) days after the hearing 

### date, and shall immediately notify the respondent thereof, in writing, by certified mail. SJ.!ch order or determination shall be approved by at least a majority of members to which the Board is entitled. " · · Upon failure or'the Board to enter a final order or determination within sixty (60) days after the final argument of 

### such

..hearing, the respondent shall be entitled to treat for 

### all purposes such failure to act as a finding favorable to the respondent The burden ofproof sball be on the Health Director or his duly authorized representative where appeal has been sought pursuant to Section 3-35 or Section 3-5. The burden of proof is on the applicant where a variance 

### has been sought pursuant 

### tO**~ection** 3-10, in accordance with 

### T.C.A. §68-201-IIB(k)..
. Any person aggrieved by any final order or determination of the Board hereunder shall have judicial review thereof by writ of certiorari pursuant to 

### T. c.A. 

### §27-9-1OJ et seq. No judicial review shall be available until and after all administrative remedies have been exhausted. 

### SECTION 10. That the Code of Shelby County, Section 14.5-27, ALLOWABLE USES FOR EMISSIONS FEE, be amended by deleting the first sentence in Section 14.5-27 and replacing it with the following sentence that reads as follows: The Department shall collect an annUal emissiom· fee 

## from. those.

## en~~es·within Shelby County which operate stationary air pollutant sources required to'make application ClD or after July 1, 1992, to the Memphis and Shelby County Health Department for issuance, re-isSu.ance ·or modification of a permit in accordance with the Shelby County Air Code and Chapter 14.5 ofthe Code ofShelby County, and shall be subject to the fee schedule set out in Section 14.5-37, Appendix B. · · 

### SECTION 11. Thattbe.Coqe ofS)le1byCounty, Section 14.5-28, El'vfiSSIONS FEE FOR STATIONARY SOURCES, APPENDDC A (EMISSION FEE RA

### 'IE), paragraph 

### a., show an annual emission fee oftwenty-nine dollars and sixty-fiVe cents ($29.65) per ton ofactual emissions for 

### calendar year 2001 emissions, which does not require changing the text ofSection 14.5-.28, Appendix A and which does not trigger the Consumer Price Index adjustment. This emissions fee rate

### will be noted 

### in footnote 1 to Section 

## i**4.5~28,** Appendix A. 

### SECTION 12. That the 

### Code ofShelby County, Section 14.5-28, EMISSIONS FEE FOR STATIONARY SOURCES, be amended by replacing the word "hasn in the first sentence ofthe Section 14.5-28 with the word "emits" so 

### thatthe sentence shall read as follows: A fee shall be collected 

## from each 

## Stationary airpollution source which emitS more than one ton cifactual emissions annually of a regulated pollutant as defined herein, called the "emissions fee", which shall equal the amount determined bythe requirements setforth in Appendix A ofthis article.· · 

### SECTION 13. That Rules and Regulations ofTennessee Chapters 1 1200-3-2, titled Definitions; 1200-3-3, titled Ambient 

### Air Quality Regulations; 1200-3-5, titled Visible Emissions: 1200-3-6, titled Nonprocess Emission Standards; 1200-3-7, titled Process Emissions Standards; 1200-3-9, titled Construction and Operating Permits: Chapter 1200-3-10, titled Required Sampling, Recording and Reporting; 1200-3-11, titled Hazardous Air Contaminants; 1200- 3-12, titled Methods ofSampling and Analysis; 1200-3-14,-titled Control ofSulphurDioxide Emissions: Chapter 1200-**~5,** titled Emergency Episode Plan: 1200-3-1·8, titled Volatile Organic Comoounds; 1200-3-20, titled Limits on Emissions due to Malfunctions, Startups and Shutdowns; 1200-3-21, titled General Alternate Emission Standards; 1200-3-22, titled Lead Emission Standards; 1200'-3-24, titled Good Engineering Practices Stack Height Regulations; 1200-3-25, titled Standards for Infectious Waste Incinerators; 1200-3-30, titledAcid Precipitation Standard; 1200-3-31, titled National Einiss!on Semdards for Hazardous 

### Air PoUutairts for Source Categories: and, 1200-3-32, titled Prevention ofAccidental Releases: 

### T.C.A, §68-201-101 through 

### §68-201-J/8, as effective on Decembei- 31, -2000; Chapter 1200-3-34, titled Conformity. as effective on .November· 14, .2001; .and, the New Source Perfonnance Standards (with the exception ofSubparts B,-C, Cb, Cc, Cd, Ce, AAA) and Appendices A, Band F ofthe Code of Federal Regulations (CFR), Title 40, Part 60 (Revised as ofJuly 1, 200I) ,are incorporated herein by reference as ifset 

### 8out in their entirety and shall be adopted and approved as part ofthe Shelby County Air Pollution Code, thereby amendingthe Shelby CountyAirCode. 

### SECTION 14. SEVERABfi.,ITY. The provisions of this ordinance are hereby declared to be severable. Sho:tlld any ofthese sections, provisions, sentences, clauses, phrases, words, or

### parts beheld unconstitutional
orvoid,

### the remaining portions

### shall contiitue infull 

### force and effect 

### SECTION 15. BEIT FURTHER ORDAINED, That. exiiept

# as amended by 

### this Ordinance, the Shelby County Air Code and Chapter 14.5 ofthe
.Code of Shelby
.Countyshall 

### remain in full force and effect as previously adopted. - · 

### SECTION 16. BE 

### ITFURTHER ORDAINED,Th!!t lhil

### OWmi!llce s aftr.r tile 

### date 

### i ·sbmll 

### have

**b-~~** eneded
.11cwrdfugto 

### dnepro!X!SS 

### oflaw, Ifill public 

### wclf:m: 

## -n"'""''"""

ty Commission



# · Shelby CountyMayor

FirstReading JUNE 17. 2002
Second Reading JULY 8, 2002 Adopted ThirdReading: SEPTEMBER 9. 2002

1NOT!!: RULES INCORPORATED BY REFERENCE HEREIN FD..ED WITH tHE RECORD IN TilE OFFICE OF THE

**~** OF THE COJJNTICOMMISSION AS REQUIR.ED BY T.CA.. §68-201-1IS.



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