DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

DIVISION OF AIR POLLUTION CONTROL 

CERTIFICATE OF EXEMPTION 

By authority ofSedion 68-201-115 Tennessee Code Annotated 

The Tennessee Air Pollution Control Board Declares 

Memphis and Shelby County Tennessee 

and aU Included Municipalities 

is 

exempt from the provisions of the 

Tennessee Air Quality Act as found in 

Chapter 101 of Title 68, Tennessee Code Annotated 

subject to such limitations as established by the board pursuant 

to Board Order No. tl-004 passed 

by the Board on this the 13" day of June 2012 

Air Pollution Control Board Members of the State of Tennessee 
Shelby County, Tennessee 

City of Memphis, Tennessee 

Town of Arlington, Tennessee 

City of Bartlett, Tennessee 

Town of Collierville, Tennessee 

City of Lakeland, Tennessee 

City of Germantown, Tennessee 

City of Millington, Tennessee 

CERTIFICATE OF EXEMPTION 

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BOARD ORDER 

I. 

Board Order No. 12-004 

Under the authority of Tennessee Code Annotated, Section 68-201-llS(a), a petition to 

amend the Shelby County Certificate of Exemption was filed on April 20, 2012, with the 

Tennessee Division of Air Pollution Control by the Shelby County Health Department, for 

Shelby County, Tennessee and all included municipalities. 

The terms in T.C.A. Section 68-201-115(b)(3) state that: 

"The certificate of exemption shall be granted if the Board determines that the 

municipality or county has enacted provisions for the control of air pollution not less 

stringent than the provisions of this part and that such enactments are being, or will be, 

adequately enforced." 
grant a Certificate of Exemption to Shelby County and all included municipalities for a two (2) 

year period. The certificate goes into effect on July 1, 2012, and expires on June 30, 2014 as 

authorized by T.C.A. Section 68-20 1-115(c). During this period, Shelby County and all included 

municipalities shall be exempt from the provisions of the Tellllessee Air Quality Act with respect 

to the power and authority to enforce the following as set forth in the ordinances, regulations or 

other rules where indicated below: 

1. Ambient air quality standards; [Chapter 1200-3-3] 

2. Open burning regulations; [Local regulations adopted in lieu of Chapter 1200-3-4] 

3. Visible emission standards; [Chapter 1200-3-5] 

4. Non-process emission limitations; [Chapter 1200-3-6. For Rule 1200-3-6-.06 (equivalent to 40 CFR 60 

Subpart DODD for CISWI's constructed after November 30, 1999, which has not been adopted locally) a negative 

declaration has been made] 

5. Process emission limitations; [Chapter 1200-3-7] 

6. Fugitive dust regulations; [Local regulations adopted in lieu of Chapter 1200-3-8] 

7. Control of emissions of particulate matter including PM10, and PM25, [Chapters 1200-3-

5, 1200-3-6. 1200-3-7, 1200-3-8] 

8. Control of emissions of carbon monoxide; [1200-J-7, 1200-3-9] 

. 9. Permitting requirements: [Chapter 1200-3-9 with minor amendments to 1200-3-9-.02(ll)(b)l4.(ii)(XXVJD, 

1200-3-9-.05(5) and (6) and the addition of subparagraph 1200-3-9-.02(3)(c)] 

A. Construction Permits: 

(1) New Source Review- Growth Policy 

(2) PSD authority 

(3) Minor Source Permits 

B. Operating Permits: 

( 1) Initial and Renewal 

(2) Federally Enforceable 

C. Part 70 Operating Permits 

10. Emissions limitations and monitoring requirements as set forth in 1200-3-10 and 

40 CFR 50, 51, 60, 61, 63, 75, and 136; [Sections 16-85 and 16-86 in the Memphis Air Code and 

Sections 3-7 and 3-8 in the Shelby County Air Code adopted in lieu of Chapters 1200-3-10 and 1200-3-12] 

11. All National Emission Standards for Hazardous Air Pollutants; and Maximum 

Achievable Control Technology Standards and other standards and regulations for 

hazardous air pollutants (including authority to determine Maximum Achievable 

Control Technology Standards) and authority to incorporate them into permits to 

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(

); [

p

14. Emergency episode regulations including emergency stop orders; [Chapter 1200-3-15 and T.C.A. §68-201-109] 

15. New Source Performance Standards (NSPS) as set forth in Chapter 1200-3-16 and 

40 CFR Part 60 and Emission Guidelines as set forth in 40 CFR Part 60, after 

adoption as local laws, as listed below [Chapter 1200-3-16, Rule 1200-3-6-.06]: 

General Provisions [1200-3-16-.0l, 40CFR 60 Subpart AJ; 

Fossil fuel-fued steam generating units of more than 250 million Btu!lu heat 

input rate which commenced construction after April 3, 1973 [1200-3-16-.021; 

Fossil fuel-fired steam generating units of more than 250 million Btu!lu heat 

input rate which commenced construction after August 17, 1971 [40CFR60Subpart 

D]; 

Electric utility steam generating units of more than 250 million Btu!lu heat 

input rate which commenced construction after September 18, 1978 [1200-3-16-

.03, 40 CFR 60 Subpart Da); 

Incinerators [ 1200-3-16-.04, 40 CFR 60 subpart EJ; 

Municipal waste combustors [40 CFR 60 Subparts Ea and Eb for each of which a negative declaration 

has been made. Note that negative declarations have also been made for Subparts Cb and BBBB but that these two 

subparts have not been adopted locally]; 

Municipal waste combustors [40 CFR 60 Subpart AAAAJ; Portland cement plants [1200-3-16-.05, 40 CFR 60 subpart FJ; 

Sulfuric acid plants [1200-3-16-.06, 40 CFR 60 Subpart H. Note that 40 CFR 60 Subpart Cd pertaining to 

emission guidelines for sulfuric acid production units has not been adopted locally as there are no existing sulfuric 

acid plants in Shelby County. In effect this is a negative declaration as it pertains to Subpart Cd]; 

Nitric acid plants [1200-3-16-.07, 40 CFR60 SubpartGJ; 

Asphalt concrete plants (hot mix asphalt facilities) [I200-3-16-.08, 40 cFR 60 subpart u; 

Petroleum refmeries [1200-3-16-.09, 40 CFR 60 Subpart JJ; 

. Storage vessels for petroleum liquids for which construction, reconstruction, 

or modification commenced after June 11, 1973 and prior to May 19, 1978 

[1200-3-16-.10, 40 CFR 60 Subpart K]; 

Storage vessels for petroleum liquids for which construction, reconstruction, 

or modification commenced after May 18, 1978 and prior to July 23, 1984 

[1200-3-16-.11, 40 CFR 60 Subpart Ka]; 

Secondary lead smelters [1200-3-16-.12, 40 CFR 60 Subpart LJ; Secondary brass and bronze ingot production plants [1200-3-16-.13, 40 CFR 60 Subpart 

MJ; 

Primary emissions from basic oxygen process furnaces for which construction 

is commenced after April 21, 1976 [1200-3-16-.141; 

Primary emissions from basic oxygen process furnaces for which construction 

is commenced after June 11, 1973 [40CFR60SubpartNJ; 

Sewage treatment plant incinerators [1200-3-16-.15, 40 CFR60 Subpart OJ; 

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Primary aluminum reduction plants [1200-3-16-.21, 40 CFR 60 Subparts]; 

Coal preparation plants [1200-3-16-.22, 4D CFR 60 Subpart Y]; 

Primary copper smelters 11200-3-16-.23, 40 CFR 60 Subpart PJ; 

Primary zinc smelters [1200-3-16-.24, 40 CFR 60 Subpart QJ; Primary lead smelters [1200-3-16-.25, 4D CFR 60 subpart RJ; 

Steel plant electric arc furnaces constructed after February 9, 1977 and on or 

before August 17, 1983 [1200-3-16-.261; 

Steel plant electric arc furnaces constructed after October 21, 1974 and on or 

before August 17, 1983 [4DCFR60SubpartAAJ; 

Ferroalloy production [1200-3-16-.27, 40 CFR 60 Subpart ZJ; 

Lime Manufacturing plants [1200-3-16-.28, 4D CFR 60 Subpart HHJ; 

Kraft pulp mills [1200-3-16-.29, 40 CFR 60 Subpart BBJ; 

Grain elevators [1200-3-16-.30, 40 CFR 60 SubpartDDJ; 

Stationary gas turbines [1200-3-16-.31, 40 CFR 60 Subpart GGJ; 

Ammonium sulfate manufacture [1200-3-16-.32, 40 CFR 6{) Subpart PPJ; 

Glass manufacturing plants [1200-3-16-.33, 40 CFR60 subpart cq; 

Automobile and Light-duty truck surface coating operations [1200-J-16-.34, 40 CFR 

60 Subpart MM]; 

Asphalt processing and asphalt roofmg manufacture [1200-3-16-.35, 40 cFR 60 subpart 

UUJ; 

Industrial surface coating: large appliances [1200-3-16-.36, 4D CFR 6{) Subpart ssJ; 

Surface coating of metal furniture [1200-3-16-.37, 4D CFR 60 Subpart EEJ; 

Metal coil surface coating [1200-3-16-.38, 40 CFR60 Subpart TTJ; 

Graphic arts industry: Publication Rotogravure Printing [1200-3-16-.39, 40 cFR 60 

Subpart QQ]; 

Beverage cim surface coating industry [1200-3-16-.40, 40 CFR 60 subpart WWJ; 

Metallic mineral processing plants [1200-3-16-.41, 40 CFR 60 Subpart LLJ; 

Pressure sensitive tape & label surface coating operations 11200-3-16-.42, 40 cFR 60 

Subpart RR]; 

Equipment leaks of VOC in the synthetic organic chemicals manufacturing 

industry [1200-3-16-.43, 4D CFR 60 Subpart VVJ; 

Bulk-gasoline terminals [1200-3-16-.44, 4D CFR 60 Subpart XX]; 

Synthetic fiber production facilities [1200-3-16-.45, 4D CFR 60 subpartHlll-1]; 

Lead-acid battery manufacturing plants [1200-3-16-.46, 40 CFR 60 Subpart KKJ; 

Equipment leaks of VOC in petroleum refmeries 11200-3-16-.47,40 cFR 60 subpart GGGJ; 

Flexible vinyl & urethane coating and printing [1200-3-16-.48, 4D CFR60 Subpart FFF]; Petroleum dry cleaners [1200-3-16-.49, 40 CFR 60 Subpart JJJ]; 

Phosphate rock_plants [1200-3-16-.50, 40 CFR 60 Subpart NNJ; 

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Onshore natural gas processing: S02 emissions [1200-3-16-.54, 40 cFR 60 subpart LLLJ; 

Secondary emissions from basic oxygen process steelmaking facilities for 

which construction is commenced after November 6, 1988 [1200-3-16-.55]; 

Secondary emissions from basic oxygen process steelmaking facilities for 

which construction is commenced after January 20, 1983 [40CFR60SubparrNaJ; 

Wool fiberglass insulation manufacturing plants [1200-3-16-.56, 40 CFR 60 Subpart PPPJ; 

Industrial Surface Coating: plastic parts for business machines [1200-3-16-.57, 40 

CFR 60 Subpart TIT]; 

Industrial-commercial-institutional steam generating units [1200-3-16-.59, 40 cFR 60 

Subpart Db]; 

Rubber Tire Manufacturing Industry [1200-3-16-.60, 40 CFR 60 Subpart BBBJ; 

Volatile organic liquid storage vessels (including petroleum liquid storage 

vessels) constructed on or after June 2, 1990 [1200-3-16-.61]; 

Volatile organic liquid storage vessels (including petroleum liquid storage 

vessels) constructed on or after July 23, 1984 [40CFR60SubpartKbJ; 

Calciners and Dryers in Mineral Industries [1200-3-16-.74, 40 CFR 60 Subpart UUUJ; 

Municipal Solid waste Landfills [1200'3-16-.76, 40 CFR 60 Subpart www. Note that a negative 

declaration has been made for Subpart Cc which pertains to emission guidelines for MSWL's and that this subpart 

has not been adopted locally]; 

Small industrial-commercial-institutional steam generating units [40 cFR 60 Subpart 

De]; 

Hospital/medical/infectious waste incineration [40 CFR 60 subpart EcJ; Hospital/medical/infectious waste incineration emission limitations pursuant 

to Section 111( d) of the Clean Air Act [Section 16-84.1 of the City of Memphis Air Pollutiou 

Control Code is equivalent to 40 CFR 60 Subpart Ce which is not locally adopted]; 

Volatile organic compound (VOC) emissions from the polymer manufacturing 

industry [40 CFR 60 Subpart DDD]; 

Volatile organic compound (VOC) emissions from the synthetic organic 

chemical manufacturing industry (SOCMI) air oxidation unit processes [40 cFR 

60 Subpart III]; 

Volatile organic compound (VOC) emissions from the synthetic organic 

chemical manufacturing industry (SOCMl) distillation operations [40 CFR 60 

Subpart NNNJ; 

Volatile organic compound (VOC) emissions from petroleum refinery 

wastewater systems [40 CFR 60 Subpart QQQJ; 

Volatile organic compound (VOC) emissions from the synthetic organic 

chemical manufacturing industry (SOCMl) reactor processes [40 CFR 60 subpart 

RRR]; 

Magnetic tape coating facilities [40 cFR 60 Subpart sssJ; Polymeric coating of supporting substrates facilities [40 cFR 60 subpart VVVJ; 

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1200

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27 as in effect on the date of the petition; [Chapters 1200

3

181 

17. Regulation of malfunctions, start-ups, and shutdowns; [Chapter 1200-3-201 

18. Alternate emissions limitations; [Chapter 1200-3-211 

19. Control of emissions of lead; [Chapter 1200-3-221 

20. Regulation of good engineering practice stack height requirements; [Chapter 1200-3-241 

21. Regulation of Infectious Waste Incinerators; [Chapter 1200-3-251 

22. Acid Precipitation Standard; [Chapter 1200-3-301 23. Transportation Conformity Rule requirements; [Chapter 1200-3-341 

24. Enforcement and Compliance provisions; 

Instituting, or causing to be instituted in a court of competent jurisdiction, 

legal proceedings to compel compliance with any decision of the local Board 

or with any order, final order, determination, rule, regulation or ordinance of 

the Director of the Shelby County Health Department, or of any included 

governmental entity where applicable; [T.C.A. §68-201-105] 

Obtaining compliance with air pollution control rules and regulations by 

conference, conciliation, persuasion, or issuance of formal notices of violation 

and prosecution thereof; including when appropriate, holding hearings and 

issuing orders to assess civil penalties for each violation where each day of 

violation is a separate offense, and including, when appropriate, judicial 

proceedings or referral to the U.S. Environmental Protection Agency or 

district attorney general for prosecution; [T.C.A §§68-201-107, 68-201-108, 68-201-109, 68-

201-1101 

Determining that any decision of the local Board or of any order, final order, 

determination, rule, regulation or ordinance of the Director of the Shelby 

County Health Department, or of any included governmental entity, where 

applicable, has been violated, that such violation constitutes a public nuisance, 

and abating such a public nuisance in the manner provided by the general law 

relating to the abatement of public nuisances, including instituting legal 

proceedings to abate a public nuisance on behalf of a municipality or a 

county; [T.C.A. §68-201-1121 

25. Administrative procedures including emissions credit banking and emissions 

trading policy statements; [T.C.A. §§68-201-107, 68-201-105,68-201-1151 

26. General policies or plans; [Ozone Maintenance Plans ( o, SIP); Program Operating Procedures; Carbon 

Monoxide Maintenance Plan Revision (CO SIP); Lead Maintenance Plan (Pb SIP); Particulate Matter Control Plan (PM2.5); 

T.C.A §§68-201-105 and §68-201-115] 

27. System of permits and/or certificates and emission fees to include the Title V 

Permit Program; review of plans/specifications and inspection of air pollutant 

sources, including building demolition and renovation, and computer and research 

time; [Chapter 1200-3-9, Paragraph .02(11); Section 16-93 through Section 16-103 of the Memphis Air Code; Section 

14.5-26 through 14.5-27 of the Shelby County Air Code] 

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authority to allow local government any authority over State facilities or activities. Tenn. Code 

Ann. § 68-201-115 does not provide an express waiver of the State's sovereign immunity from 

local laws and enforcement. This also would include payment of fees to the local air pollution 

control programs. 

In addition, as a condition of the Certificate of Exemption, the Local Program shall 

provide to the Tennessee Air Pollution Control Division, by August 1 ", 2012 a list of all 

permitted State facilities in their County, as well as a copy of the existing permit for each facility 

in the County. The Local Program will also coordinate with the Tennessee Air Pollution Control 

Division on the collection of fees from these facilities to avoid duplicate fee payments by these 

facilities. 

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Board Order iz!o04 Memphis COE 2012 to 2014 b.docx 

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