DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

DIVISION OF AIR POLLUTION CONTROL 

CERTIFICATE OF EXEMPTION 

By authority of Section 68-201-115 Tennessee Code Annotated 

The Tennessee Air Pollution Control Board Declares 

Shelby County Tennessee & all included municipalities 

Is 

exempt from the provisions of t.be 

Tennessee A.ir Quality Act 8$ found io 

Chapter 201 of Title 68, Tennessee Code Annotated 

subject ro such limitations as established by t.be board 110 rsuant 

to Board Orde.r No. 04-{)06 passo;d 

by the Board on Utis the 9'• dn.te of Jnnc 2004 

I 

trol Board Members of the State of Tennessee 

Expirntion Date: JIUle 30. 2006 
JUN 2 !l200~ 

TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

BUREAU OF ENVIRONMENT 

DIVISION OF AIR POLLUTION CONTROL 

IN THE MATTER OF: 

Shelby County, Tennessee 

City of Memphis, Tennessee 

Town of Arlington,Tennessee 

City of Barlett, Tennessee 

City of Lakeland, Tennessee 

Town of Collierville, Tennessee 

City of Millington, Tennessee 

City of Germantown, Tennessee 

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CERTIFICATE OF EXEMPTION 

BOARD ORDER 

I. 

Board Order No. 04-006 

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 2, 2004, with the 

Tennessee Division of Air Pollution Control by the Memphis and 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, adeqwrtely enforced." 
II. 

In accordance with Section 68-201-115(b)(3), the Memphis and Shelby County Health 

Department does enforce regulations and/or ordinances for the control of air pollution, 

which are as stringent as the State•s statutory requirements. Therefore, the Air Pollution 

Control Board of the State of Tennessee does hereby grant a Certificate of Exemption to 

the City of Memphis, the County of Shelby, Tennessee and all included municipalities for 

a two (2) year period. The certificate amendment goes into effect on July 1, 2004, and 

expires on June 30, 2006 as authorized by T.C.A. Section 68-201-llS(c). During this 

period, the Memphis and Shelby County Health Department, and the Memphis and 

Shelby County Air Pollution Control Board have the authority and power to enforce all of 

the following: 

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

2. Open burning regulations; [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 C1SWI's constructed after November 30, 1999, which has not been adopted 

locally) a negative declamtion 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. Permitting requirements: [Chapter 1200-3-9 with minor amendments to 1200-3-9-

.02(11)(b)14.(ii)(XXVII), 1200-3-9-.05(5) and (6) and the addition of subparagraph 1200-3-9-.02(3Xc)] 

A. Construction Permits: 

(~ New Source Review- Growth Policy 

(2) PSD authority 

(3) Minor Source Permits 

2 
B. Operating Permits: 

(1) Initial and Renewal 

(2). Federally Enforceable 

C. Part 70 Operating Permits 

8. 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 comply with all provisions of 

Section 112 of the Federal Clean Air Act and enforcement of these 

standards and regulations; [Chapters 1200-3-11, 1200-3-31, 1200-3-32, 40 CFR Parts 61 and 63] 

9. Methods of sampling and analysis as set forth in 40 CFR Parts 50, 51, 60, 

63, 75, 136 [Sections 3-7 and 3-8 in the Shelby County Air Code adopted in lieu of Chapters 1200-3-10 

and 1200-3-12) 

10. Enforcement and Compliance provisions; 

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

jurisdiction, legal proceedings to compel compliance with any order, 

final order, determination, rule, regulation or ordinance of the local 

Board, the Director of the Memphis-Shelby County Health 

Department, or of any included governmental entity; [T.C.A. §68-201-JOSJ 

Obtaining compliance with air pollution control rules and regulations 

by conference, conciliation, persuasion, 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, 68-201-109,68-201-1 Ul] ............. - ...... . 

• Determining that any order, final order, determination, rule, regulation 

or ordinance of the local Board, the director of Memphis-Shelby 

County Health Department, or of any included governmental entity has 

been violated, that such violation constitutes a public nuisance, and 

abat\9.g 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. §68-201-112] 

3 
11. Control of emissions of particulate matter including PM10, and PM2.

5; 

[Chapters 1200-3-5, 1200-3-6, 1200-3-7, 1200-3-8] 

12. Control of emissions of carbon monoxide; [Chapters 1200-34, 1200-3-7, 1200-3-9] 

13. Control of emissions of the precursors to ozone including volatile organic 

compounds and nitrogen oxides excepting the nitrogen oxides rule in 

Chapter 1200-3-27 as in effect on the date of the petition; (Chapters 1200-3-18) 

14. Control of emissions of sulfur oxides, emissions of sulfuric acid and sulfur 

trioxide (combined); [Chapter 1200-3-14] 

15. Control of emissions oflead; [Chapter 1200-3-22] 

16. Emergency episode regulations including emergency stop orders; [Chapter 

1200-3-15 and T.C.A. §68-201-109] 

17. 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-.01, 40 CFR 60 Subpart AJ; 

Fossil fuel-fired steam generating units of more than 250 million 

Btu/hr heat input rate which commenced construction after April 3, 

i 973 [1200-3-16-.02]; 

Fossil fuel-fired steam generating units of more than 250 million 

Btu/hr heat input rate which commenced construction after August 17, 

1971 [40 CFR 60 Subpart D]; 

Electric utility steam generating units of more than 250 million Btu/hr 

heat input rate which commenced construction after September 18, 

1978 [1200-3-16-.Q3, 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]; 

M~pal waste combustors [40 CFR 60 Subpart AAMJ; 

Portland cement plants (1200-3-16-.05, 40 CFR 60 Subpart F]; 

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 

4 
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-.Q7, 40 CFR60 Subpart GJ; 

Asphalt concrete plants (hot mix asphalt facilities) [1200-3-16-.os,4o CFR60 

Subpart 11; 

Petroleum refineries [1200-3-16-.09, 40 CFR 60 SubpartJJ; 

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-.IO, 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 q; 

Secondary brass and bronze ingot production plants[J200-3-l6-.13,40CFR60 

Subpart M]; 

Primary emissions from basic oxygen process furnaces for which 

construction is commenced after Apri121, 1976 [1200-3-16-.14]; 

Primary emissions from basic oxygen process furnaces for which 

construction is commenced after June 11, 1973 [40 CFR 60 subpart N]; 

Sewage treatment plant incinerators [1200-3-16-.15, 40 CFR 60 Subpart o); 

Phosphate fertilizer industry for: 

• Wet process phosphoric acid plants [1200-3-16-.16, 40 CFR 60 SubpartT]; 

Super phosphoric acid plants [1200-3-16-.17, 40 CFR 60 Subpart UJ; 

• Diammonium phosphate plants [1200-3-16-.18, 40 CFR 60 subpart V); 

• Triple superphosphate plants [1200-3-16-.19, 40 CFR 60 Subpart WJ; 

• ~anular triple superphosphate storage facilities [1200-3-16-20, 40 CFR 60 

Subpart X]; 

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

Coal preparation plants [1200-3-16-.22, 40 CFR 60 Subpart Y]; 

5 
Primary copper smelters [ 1200-3-16-.23, 40 CFR 60 Subpart PJ; 

Primary zinc smelters [1200-3-16-.24, 40 CFR 60 subpa1t QJ; 

Primary lead smelters [1200-3-16-.25, 40 CFR 60 Subpart RJ; 

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

on or before August 17, 1983 [1200-3-16-.26]; 

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

on or before August 17, 1983 [40 CFR 60 Subpart AAJ; 

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

Lime Manufacturing plants [1200-3-16-.28, 40 CFR 60 Subpart HH]; 

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

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

Stationary gas turbines [1200-3-16-.31, 40 CFR 60 Subpa1t GGJ; 

Ammonium sulfate manufacture [1200-3-16-.32, 40 CFR 60 Subpart PPJ; 

Glass manufacturing plants [1200-3-16-.33, 40 CFR 60 Subpart cq; 

Automobile and Light-duty truck surface coating operations [1200-3-16-.34, 

40 CFR 60 Subpart MM]; 

Asphalt processing and asphalt roofing manufacture [1200-3-16-.35, 40 CFR 60 

Subpart UU]; 

Industrial surface coating: large appliances [1200-3-16-.36, 40 CFR 60 subpart 

Surface coating of metal furniture [1200-3-16-.37, 40 CFR 60 subpart EEJ; 

Metal coil surface coating [1200-3-16-.38, 40 CFR 60 subpart TIJ; 

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

G 

CFR 60 Subpart QQ]; 

Beverage can 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; 

6 
Pressure sensitive tape & label surface coating operations [1200-3-16-.42, 40 

CFR 60 Subpart RR]; 

Equipment leaks ofVOC in the synthetic organic chemicals 

manufacturing industry [1200-3-16-.43, 40 CFR 60 Subpart vv); 

Bulk-gasoline terminals [1200-3-16-.44, 40 CFR 60 subpart XXJ; 

Synthetic fiber production facilities [1200-3-16-.45, 40 CFR 60 Subpart HHHJ; 

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

Equipment leaks ofVOC in petroleum refineries [1200-3-16-.47,40CFR60 

Subpart GOO]; 

Flexible vinyl & urethane coating and printing [1200-3-16-.48, 40 CFR 60 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; 

Equipment leaks ofVOC from onshore natural gas processing plants 

[1200-3-16-.51, 40 CFR 60 Subpart KKK]; 

Electric arc furnaces and argon-oxygen decarburization vessels 

constructed after November 6, 1988 [1200-3-16-.52]; 

Electric arc furnaces and argon-oxygen decarburization vessels 

constructed after August 7, 1983 [40CFR60SubpartMa]; 

Non-metallic mineral processing plants [1200-3-16-.53, 40 CFR 60 Subpart ooo); 

Onshore natural gas processing: SOz emissions [1200-3-16-.54, 40 CFR6o 

Subpart LU...]; 

Secondary emissions from basic oxygen process steelmaking facilities 

for which construction is commenced after November 6, 1988 (1200-3-16-

.55]; 

0 

Secondary emissions from basic oxygen process steelmaking facilities 

for which construction is commenced after January 20, 1983 (40 CFR60 

Subpart Na]; 

7 
Wool fiberglass insulation manufacturing plants [1200-3-16-.56, 40 CFR 60 

Subpart PPP); 

Industrial Surface Coating: plastic parts for business machines [1200-3-

16-.57, 40 CFR 60 Subpart TIT]; 

Industrial-commercial-institutional steam generating units [t200-3-t6-.S9, 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 [t200-3-t6-.6t]; 

Volatile organic liquid storage vessels (including petroleum liquid 

storage vessels) constructed on or after July 23, 1984[40 CFR 60 SubpartKbJ; 

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

UUU]; 

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; 

Volatile organic compound (VOC) emissions from the polymer 

manufacturing industry [40 CFR 60 Subpart ooo); 

Volatile organic compound (VOC) emissions from the synthetic 

organic chemical manufacturing industry (SOCMI) air oxidation unit 

processes [40 CFR 60 Subpart Ul]; 

Volatile organic compound (VOC) emissions from the synthetic 

organic chemical manufacturing industry (SOCMI) distillation 

operations [40 CFR 60 Subpart NNNJ; 

Volatile organic compound (VOC) emissions from petroleum refinery 

waste&Vater systems [ 40 CFR 60 Subpart QQQJ; 

Volatile organic compound (VOC) emissions from the synthetic 

organic chemical manufacturing industry (SOCMI) reactor processes 

[40 CFR 60 Subpart RRR]; 

8 
Magnetic tape coating facilities [40 CFR 60 Subpa1t sss]; 

Polymeric coating of supporting substrates facilities [40 CFR 60 subpart vw1; 

Commercial and industrial solid waste incineration units for which 

construction is commenced after November 30, 1999 or for which 

modification or reconstruction is commenced on or after June 1, 2001 

[ 40 CFR 60 Subpart CCCC. Note that a negative declaration has been made for Subpart DODD and that 

this subpart has not been adopted locally]; 

18. Emission limitations for hospital/medical/infectious waste incineration 

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

Memphis Air Pollution Control Code is Equivalent to 40 CFR 60 Subpart Ce which is not locally adopted] 

19. Administrative procedures including emissions credit banking and 

emissions trading policy statements; n.c.A. §§68-201-107, 68-201-105, 68-201-115] 

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

10 and 40 CFR 50, 51, 60, 61, 63, 75., and 136; [Sections3-7and3-8 in the Shelby 

County Air Code adopted in lieu of Chapters 1200-3-10 and 1200-3-12] 

Regulation of malfunctions, start-ups, and shutdowns; [Chapter 1200-3-20] 

22. Alternate emissions limitations; [Chapter 1200-3-21] 

23. General policies or plans; [Ozone Attainment and Maintenance Plans (SIP); • Program Operating 

Procedures; Carbon Monoxide Maintenance Plan (SIP); Lead Maintenance Plan (SIP); Particulate Matter 

Control Plan (PM2.5); T.C.A. §§68-201-105, §68-201-115] 

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

V Permit Program; [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] 

25. Scheduling and collecting of fees for review of plans and specifications, 

issuance .or renewal of permits or certificates (including Title V permit 

fees), 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 14.5-37 of 

the Shelby County Air Code] 

26. Developing and recommending a comprehensive air pollution control 

program,3eviewing such program, and recommending changes as may be 

deemed appropriate; [T.C.A §§68-201-105, 68-201-1151 

Requiring the furnishing of information from persons causing, or who may 

be about to cause air pollution; [T.C.A. §68-201-105] 

9 
28. Entering in or upon private or public property for the purpose of 

inspecting and investigating any air contaminant source; [T.C.A. §68-201-107] 

29. Receiving, budgeting, receipting for and administering such monies as are 

appropriated or granted for carrying out the program of the local Board; 

[T.C.A. §68-201-105] 

30. 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 pertaining to air 

pollution; [T.C.A. §68-201-105] 

31. Handling correspondence, keeping records, preparing reports and 

performing such duties as are necessary or authorized; [T.c.A. § 68-201-1071 

32 Granting or denying petitions for variances after first submitting variances 

to be issued to the Tennessee Division of Air Pollution Control for review; 

(T.C.A. §68-201-118] 

33. Regulation of Infectious Waste Incinerators; [Chapter 1200-3·25] 

34. Regulation of good engineering practice stack height requirements; [Chapter 

1200-3-24] 

35. Aqatement of air contaminants, uncombined water, or a combination 

which reduces visibility across any road to cause a hazard; [T.C.A. §68-2o1-1121 

36 Oversight of the "Memphis and Shelby County'' Motor Vehicle Inspection 

and Maintenance Program; [Chapter 1200-3-29] 

3 7. Transportation Conformity Rule requirements; [Chapter 1200-3-34] 

38. Confidentiality determinations; [T.C.A. 68-201-105] 

1n 
III. 

Approved by the following members of the Air Pollution Control Board of 

the State of Tennessee and entered on this 9th day of June 2004. 

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C.O.E. 8 .0.04-006