### DEPARTMENT OFENVIRONMENTAND CONSERVATION DIVISION OFAIRPOLLUTION CONTROL 

# CERTIFICATE OFEXEMPTION By authorityofSection 68-201-115 Tennessee Code Annotated TheTennesseeAirPollution ControlBoardDeclares 

## Chattanooga andHamilton CountyTennessee andallIncludedMunicipalities

is exemptfrom the provisions ofthe TennesseeAir QualityAct as found in Chapter201 ofTitle 68, Tennessee CodeAnnotated subjectto suchlimitations as established bytheboardpursuant to BoardOrderNo. 14-007 passed bytheBoardonthis the 141 b day ofMay2014 

### AirPollution Co rolBoardMembers ofthe State ofTennessee

Expiration Date: June30,2016TENNESSEE DEPARTMENT OFENVIRONMENTAND CONSERVATION BUREAU OFENVIRONMENT DIVISION OFAIRPOLLUTION CONTROL

IN THE MATTEROF: Hamilton County, Tennessee CityofChattanooga, Tennessee City ofCollegedale, Tennessee CityofEastRidge, Tennessee CityofLakesite, Tennessee Town ofLookoutMountain, Tennessee CityofRed Bank, Tennessee CityofRidgeside, Tennessee Town ofSignal Mountain, Tenness.ee CityofSoddy-Daisy, Tennessee Town ofWalden, Tennessee

CERTIFICATE OFEXEMPTION ) ) ) ) ) ) ) ) ) ) ) ) )

BOARD ORDER 

### I. Board OrderNo. 14-007

Under the authority ofTennessee Code Annotated, Section 68-201-115(a), a petition to

renew the Hamilton County Certificate ofExemption was filed on February 26, 2014, with the Tennessee Division ofAirPollution Control by the Chattanooga/Hamilton County Air Pollution Control Bureau (CHCAPCB) for the City of Chattanooga, the County of Hamilton 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 ofthis part and that such enactments are being, or will be, adequately enforced."II. In accordance with Section 68-201-115(b)(3), the Chattanooga/Hamilton County Air Pollution Control Bureau does enforce regulations and/or ordinances for the control of air pollution that are as stringent as the State's. Therefore, the Air Pollution Control Board ofthe State of Tennessee does hereby grant a Certificate of Exemption to Hamilton County and all included municipalities for a two (2) year period. The certificate goes into effect on July 1, 2014, and expires on June 30, 2016 as authorized by T.C.A. Section 68-201-llS(c). During this period, Hamilton County and all included municipalities shall be exempt from the provisions of the Tennessee Air Quality Act with respect to the power and authority to enforce the following

as set forth in**t~e** ordinances, regulations or other rules where indicated below:

1. Ambient air quality standards; 2. Open burningrestrictions; 3. Visible emissions limitations; 4. Non-process emission limitations (fuel burning and incinerator); 5. Process emission includingprocess gaseous emissions limitations; 6. Fugitive dust restrictions (Transportation and MaterialHandling in OpenAir); 7. Permitting requirements, including definitions; amendments to permits; applications; permitting fees; emissions fees; testing; practical enforceability; monitoring; record keeping and reporting; 8. Construction permits: New Source Review

- Growth Policy PSD Authority Installation Permits 9. Certificates ofOperation: Initial and Renewal

2Federally Enforceable 10. Part70 Operating Permits 11. Asbestos Demolition and Renovation Project Permits 12. All National Emission Standards for Hazardous Air Pollutants, as set forth in 40 CPR Parts 61 and 63 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 comply with all provisions ofSection 112 ofthe Federal Clean Air Act and enforcement ofthese standards and regulations; 13. Methods ofsampling; testing and analysis; 14. Enforcement and Compliance provisions including: Instituting, or causing to be instituted in a court ofcompetentjurisdiction, legal proceedings to compel compliance with any order, final order, determination, rule, regulation or ordinance ofthe local Board, the director ofthe local Bureau, or ofany included governmental entity, including instituting legal proceedings on behalfofany includedmunicipality or county; Determining that any order, final order, determination, rule, regulation or ordinance ofthe local Board, the director ofthe local Bureau, or ofany included governmental entity 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 ofpublic nuisances, including instituting legal proceedings to abate a public nuisance on behalf of a municipality or a county; Obtaining compliance with air pollution control rules and regulations by conference, conciliation, persuasion, issuance of formal notices ofviolation and prosecution thereof; including, when appropriate, holding hearings and issuing orders to assess civil penalties for each violation where each day ofviolation is a separate offense, and including, when appropriate,judicial proceedings orreferral to the U.S. Environmental Protection Agency or district attorney general for prosecution; Pursuing enforcement of any ordinance or regulations, or orders made by the director or the Board pursuant to the ordinance or regulations, by injunction to enjoin any violation ofany requirement ofthe ordinance or regulations, including conditions ofa permit or certificate ofoperation, or other appropriate remedy, and the Board shall have power to institute and maintain in the name ofthe Board any and all enforcementproceedings.

315. Control ofemissions ofparticulates including PM2.5 and PM10, carbon monoxide, sulfur dioxide, nitrogen oxides, volatile organic compounds, toxic air pollutants and gaseous emissions; 16. Control of emissions of the precursors to ozone including volatile organic compounds and nitrogen oxides; 17. Control ofemissions of sulfur oxides, and emissions of sulfuric acid and sulfur trioxide (combined); 18. Control ofemissions oflead; 19. Emergency episode regulations including emergency stop orders; 20. New Source Performance Standards (NSPS) set forth in 40 CFR Part 60, after adoption as local laws, listed below: General Provisions; Fossil-fuel fired steam generating units; Incinerators; Municipal waste combustors; Portland cementplants; Sulfuric acid plants; Nitric acid plants; Asphalt concrete plants (hot mix asphalt facilities); Petroleum-refineries; Storage vessels for petroleum liquids for which construction, reconstruction, or modification commenced after June 11, 1973, and prior to May 19, 1978; Electric utility steam generating units for which construction commenced after September 18, 1978; Storage vessels for petroleum liquids construction after May 18, 1978 and priorto July 23, 1984; Volatileorganic liquid storage vessels (including petroleum liquid storage

4vessels) constructed on or after July 23, 1984; Secondary lead smelters; Basic Oxygen Process Furnaces constructed after June 11, 1973, primary emissions; Basic Oxygen Process Steelmaking Facilities constructed after January 20, 1983, secondary emissions; Secondarybrass and bronze ingotproduction plants; Iron and steel plants; Sewagetreatmentplants; Phosphate fertilizer industry: • Wet-process phosphoric acidplants, • Superphosphoric acid plants, • Diammonium phosphateplants, • Triple superphosphateplants, and • Triple superphosphate storage facilities; Primary aluminum reduction plants; Coal preparation plants; Primary copper smelters; Primary zinc smelters; Primary lead smelters; Steelplants: electric arc furnaces; Ferroalloyproduction; Limemanufacturing plants; Kraftpulp mills; Grain elevators; Stationary gas turbines; Ammonium sulfate manufacture;

5Glass manufacturing plants; Automobile and light duty truck surface coating operations; Asphalt processing and asphalt roofing manufacture; Industrial surface coating: large appliances; Surface coating ofmetal furniture; Metal coil surface coating; Graphic arts industry: publication rotogravure printing; Beverage can surface coating industry; Metallic mineral processing plants; Pressure sensitive tape and label surface coating operations; Magnetic tape coating facilities; Equipment leaks ofVOC in the synthetic organic chemical manufacturing industry; Bulk gasoline terminals; Synthetic fiber production facilities; Volatile Organic Compound (VOC) Emissions from the polymer manufacturing industry; Lead acid battery manufacturing plants; Equipmentleaks ofVOC in petroleum refineries; Flexible vinyl and urethane coating and printing; Petroleum dry cleaners; Phosphate rockplants; Equipment leaks ofVOC from onshore natural gas processing plants; Electric arc furnaces constructed after October 21, 1974, and on or before

6August 17, 1983; Electric arc furnaces and argon-oxygen decarburization vessels constructed afterAugust 17, 1983; Industrial surface coating: Plastic parts for business machines; Industrial-Commercial-Institutional steam generating units; Non-metallic mineral processingplants; Onshore natural gas processing: S02 emissions; Wool fiberglass insulation manufacturingplants; Polymeric coating ofsupporting substrates facilities; Rubbertire manufacturing industry; Calciners and Dryers in mineral industries; NewResidential Wood Heaters; Municipal Solid Waste Landfills; and Hospital/Medical/Infectious Waste Incinerators. 21. Administrative procedures including emissions credit banking and emissions trading policy statements; 22. Emissions limitations and monitoring requirements; 23. Regulation ofmalfunctions, start-ups, and shutdowns; 

### 24. Alternate emissions limitations; 25. General policies or plans; 26. System of permits and/or certificates to include the Title V (Part 70) permit program; 

### 27. Scheduling and collecting fees for review ofplans and specifications, issuance or renewal ofpermits or certificates (including Part 70 emission fees), inspection of air pollutant sources, building demolition and renovation, and computer and research time;

728. Developing and recommending a comprehensive air pollution control program, reviewing such program, and recommending such changes as may be deemed appropriate; 29. Requiring the furnishing of information from persons causing, or who may be about to cause, air pollution; 30. Entering in or upon private or public property for the purpose ofinspecting and investigating any air contaminant source; 31. Providing such technical, scientific and other services as may be necessary and charging fees for preparation, research, computer time and distribution; 32. Receiving, budgeting, receipting for and administering such moneys as are appropriated or granted for carrying outthe program ofthe local Board; 33. Collecting and disseminating information relative to air pollution; encouraging voluntary cooperation in preserving and restoring a reasonable degree of air purity; and advising, consulting and cooperating with other agencies, persons or groups in matters pertainingto airpollution; 34. Handling correspondence, keeping records, preparing reports and performing such duties as are necessary or authorized; 35. Granting or denying petitions for variances after first submitting variances to be issued to the Tennessee Division ofAir Pollution Control for review; 36. Regulation ofinfectious and medical waste incinerators; 37. Regulation ofgeneral engineering practice stackheight requirements; 38. Abatement of air contaminants, water, steam, or a combination which reduce visibility across any road to cause a hazard; 39. Transportation conformity requirements; 40. Confidentiality determinations; 41. Regulation of odors related to emissions of air contaminants and regulation of nuisances related to emissions ofair contaminants.

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### III. It 

### has been determined that the regulations of the Chattanooga/Hamilton County Air Pollution Control Bureau do not contain the equivalent provisions to the following found inthe Tennessee Air Pollution Control Regulations: 1200-03-09-.01(1)(h):

"The Department shall on a monthly basis notify the public, by advertisement in a newspaper ofgeneral circulation in each air quality control region in which the proposed

source or modification would be constructed, ofthe applicants seeking to obtain apermit to construct or modify an air contaminant source. This notice shall specify the general vicinity or location of the proposed source or modification, the type of source or modification, and opportunity for public comment. Comments shall be in writing and delivered to the Technical Secretary within thirty (30) days after the publication ofthe public notice."

The Chattanooga/Hamilton County Air Pollution Control Bureau must, therefore, immediately begin rulemak:ing to correct this deficiency by including equivalent provisions in the Chattanooga/Hamilton County Air Pollution Control Bureau's Regulations. This rulemaking shall be completed no later than July 1, 2015. The Bureau must also comply with equivalent provisions to the above requirement to provide public notification ofreceipt ofall construction and modification permit applications as specified above, and commencing thus no later than 30 days from the effective date ofthis Certificate ofExemption.

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### IV. Approved by the following members of the Air Pollution Control Board of the State of Tennessee and entered on this 14th day ofMay, 2014.

Board Order 14 007 Hamilton COE 2014 b.docx

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