STATE OF TENNESSEE 

DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

Division of Air Pollution Control 

W illiam R. Snodgrass Tennessee Tower 

312 Rosa L. Parks Avenue, 151

h Floor 

Nashville, Tennessee 37243 

May 29, 2014 

Bob Rogers, PE, Technical Manager 

Air Pollution Control Program 

Shelby County Health Department 

814 Jefferson Avenue 

Memphis, TN 38105 

Dear Mr. Rogers, 

Certified Article Number 

719b 9008 9111 1548 0871 

SENDERS RECORD 

Enclosed are the Certificate of Exemption and a copy of the associated Board Order 

approved by the Tennessee Air Pollution Control Board on May 141

h, 2014. The 

certificate is effective July 1, 2014 and expires on June 30, 2016 as authorized by TCA 

68-201-115. 

A copy of this document will be submitted to the Environmental Protection Agency, 

Region 4, for informational purposes. If you have any questions or if you need further 

assistance, please contact Marc Corrigan (marc.corrigan@tn.gov or 615.532.0616) on 

my staff. 

Enclosures (2) 

brs; mmc 

' 

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 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. 14-009 

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

renew the Shelby County Certificate of Exemption was filed on April 2, 2014, 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." 
II. 

In accordance with Section 68-20 1-ll5(b )(3), the Shelby County Health Department 

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 of the State of Tennessee does hereby 

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, 2014, and expires on June 30, 2016 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 Tennessee 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: 

l. 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 CISWJ's constructed after November 30, 1999, whtch 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. Permitting requirements: [Chapter 1200-3-9 with minor amendments to 1200-3-9-.02(11Xb)l4.(iiXXXVIO. 

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

A. Construction Permits: 

(l) New Source Review - Growth Policy 

(2) PSD authority 

(3) Minor Source Permits 

B. Operating Permits: 

(1) Initial and Renewal 

(2) Federally Enforceable 

2 
C. Part 70 Operating Permits 

D. Asbestos Demolition and Renovation Projects 

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-tt , 1200-3-3 1, 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; 

• 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 her designated representative, 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, and instituting legal proceedings to abate a public nuisance on 

behalf of a municipality or a county;[T.C.A. §68-20t-tt2J 

• 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 her designated 

representative, or of any included governmental entity where applicable;[T.C.A. 

§68-20 1- 1 05] 

• 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;tT.C.A. §§68-20 t-107, 68-20 t-108, 68-201-109, 68-201-

t tOJ 

• Providing for appellate review by the local air board of decisions, rulings, 

determinations, failure to act, or to act within a reasonable timeframe, by the 

Shelby County Health Department. 

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11. Control of emissions of particulate matter including PM10, and PM2 5 and 

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

12. Control of emissions of carbon monoxide; [Chapters 1200-3-4, 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 of lead; [Chapter 1200-3-221 

16. Emergency episode regulations including emergency stop orders; [Chapter 1200-3-15 and 

T.C.A. §68-20 1-1 09] 

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 [t200-3-t6-.01 , 40 CFR60 Subpart AJ; 

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

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

CFR 60 Subpart D]; 

Fuel fired steam generators for which construction commenced after April 

3, 1972 [1200-3-16-.02]; 

Electric utility steam generating units for which construction commenced 

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 AAAA]; 

Portland cement plants [1 200-3- 16-05, 40CFR60SubpanFJ; 

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

pertaining to em1ssion guidelines for sulfuriC ac1d production uruts has not been adopted locally as there are no 

existing sui func acid plants in Shelby County In effect this IS a negative declaration as it pertams to Subpart 

Cd], 

4 
Nitric acid plants (1200-3-16-.07, 40 CFR 60 Subpart G]; 

Asphalt concrete plants (hot mix asphalt facilities) [1200-3-16-.08, 40 CFR60 Subpart 

I]; 

Petroleum refineries [ 1200-3-16-.09, 40 CFR 60 Subpart J]; 

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-.I0,40CFR60SubpartK]; 

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 M]; 

Primary em1sstons from basic oxygen process furnaces for which 

construction is commenced after April21, 1976 [1200-3-16-.14]; 

Primary emissions from basic oxygen process furnaces for which 

construction is commenced after June 11,1973 [40CFR60SubpartN]; 

Sewage treatment plants, incinerators (1200-3-16-.15, 40 CFR 60 Subpart OJ; 

Phosphate fertilizer industry for: 

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

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

• Diammonium phosphate plants (1200-3-16-.18, 40 CFR 60 Subpart V]; 

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

• Granular triple superphosphate storage facilities [1200-3-16-.20, 40 CFR 60 

Subpart X]; 

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

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

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Primary copper smelters (1200-3-16- 23,40 CFR60 Subpart PJ; 

Primary zinc smelters (1200-3-16- 24,40 CFR 60 Subpart 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 AAI; 

Ferroalloy 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-.29,40CFR60SubpartBBJ; 

Grain elevators ( 1200-3-16-.30, 40 CFR 60 Subpart DDJ; 

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

Ammonium sulfate manufacture [1200-3-16- 32, 40CFR 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 ss]; 

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 CFR 60 

Subpart QQ); 

Beverage can surface coating industry (1200-3-16-.40, 40 CFR 60 Subpart WW); 

Metallic mineral processing plants [1200-3-16-41 , 40 CFR60 Subpart LLJ; 

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Pressure sensitive tape & label surface coating operations (1200-3-16- 42,40 CFR 

60 Subpart RR]; 

Equipment leaks of VOC 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 XX]; 

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 KI<J; 

Equipment leaks of VOC in petroleum refineries [1200-3-16-47, 40 CFR 60 Subpart 

GGG]; 

Flexible vinyl & urethane coating and printing (1200-3-16-48, 40 CFR 60 Subpart 

FFF]; 

Petroleum dry cleaners 11200-3-16- 49, 40 CFR 60 Subpart JJJ]; 

Phosphate rock plants (1200-3-16-.50, 40 CFR 60 Subpart NNJ; 

Equipment leaks of VOC 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 [40 CFR60 Subpart AAa); 

Onshore natural gas processing: S02 emissions [1200-3-16-.54, 40 CFR 60 Subpart 

LLL]; 

Non-metallic mineral processing plants [1200-3-16-.53, 40 CFR 60 Subpart 0001; 

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 [40 CFR60 Subpart NaJ; 

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

PPP); 

7 
Industrial Surface Coating: plastic parts for business machines (1200-3-16-.57, 

40 CFR 60 Subpan TIT]; 

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

60 Subpan Db]; 

Rubber Tire Manufacturing Industry (1200-3-16- 60, 40 CFR 60 Subpan 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 (40CFR60Subpan KbJ; 

Calciners and Dryers in Mineral Industries (1200-3-16-74, 40 CFR 60 Subpan UUUJ; 

Municipal Solid Waste Landfills (1200-3-16-76, 40 CFR 60 Subpan www. Note that a 

negative declaratiOn has been made for Subpart Cc which pertams to em1ss1on gUidelines for MSWL's and that 

this subpart has not been adopted locally); 

Small industrial-commercial-institutional steam generating units [40 ern 60 

Subpan De]; 

Hospital/medical/infectious waste incineration (40 CFR 60 Subpan EcJ; 

Volatile organic compound (VOC) emissions from the polymer 

manufacturing industry [40 ern 60 Subpan DDDJ; 

Volatile organic compound (VOC) emissions from the synthetic organic 

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

CFR 60 Subpart IT!]; 

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 

wastewater systems (40 CFR60 Subpart QQQJ; 

Volatile organic compound (VOC) emissions from the synthetic organic 

chemical manufacturing industry (SOCMI) reactor processes (40 ern 60 Subpart 

RRR); 

Magnetic tape coating facilities [40 CFR 60 Subpan sss]; 

Polymeric coating of supporting substrates facilities [40 CFR 60 Subpan WV]; 

8 
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 negat1ve declaration has been made for Subpart DODD and that th1s 

subpart has not been adopted locally], 

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

to Section 111 (d) of the c lean Air Act; [Section 16-84. 1 of the City of MemphiS ALr Pollution Control 

Code is Equivalent to 40 CFR 60 Subpart Ce wh1ch is not locally adopted] 

19. Administrative procedures including emissions credit banking and emissions 

trading policy statements; (TC.A §§68-20 1-I07, 68-20I-1 05, 68-20 I- 11 5J 

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

40 CFR 50, 51' 60, 61 ' 63, 75, and 136; [Sections 3-7 and 3-8 10 the Shelby County Air Code adopted 

in lieu of Chapters 1200-3- 10 and 1200-3-12] 

21. Regulation of malfunctions, start-ups, and shutdowns; (Chapter 1200-3-20] 

22. Alternate emissions limitations; (Chapter 1200 - 3 -211 

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 (PM!l); T.C.A. 

§§68-20 1-105, §68-20 1- 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 A1r 

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(1 1); 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, 

reviewing such program, and recommending changes as may be deemed 

appropriate; (T.C.A. §§68-20 1-105, 68-201- 11 51 

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

about to cause air pollution; [TC.A §68-201-1051 

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] 

9 
29. Receiving, budgeting, rece1ptmg 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. § 68-201-107) 

32. Granting or denying petitions for variances after first submitting variances to be 

issued to the Tennessee Division of Air Pollution Control for review; [r.c.A. §68-201-

118] 

33. Regulation oflnfectious Waste Incinerators; [Chapter 1200-3-25] 

34. Regulation of good engineering practice stack height requirements; [Chapter 1200-3-24) 

35. Abatement of air contaminants, uncombined water, or a combination which 

reduces visibility across any road to cause a hazard; [T.C.A. §68-201-112] 

36. Transportation Conformity Rule requirements; [Chapter 1200-3-34) 

37. Confidentiality determinations; [T.C.A. §68-201-105) 

10 
III. 

It has been determined that the regulations of the Shelby County Health Department do not 

contain language substantially similar to the requirements of Senate Bill 943, which passed as 

Public Chapter 156 earlier last year amending TCA sec. 68-20 1-115( e): 

(e)( 1) If a municipality or county has received a certificate of exemption pursuant to this 

section, then the municipality or county shall offer a process to grant waivers from its 

open burning regulations. 

(2) Open burning waivers may be approved by the director of the municipal or 

county air pollution program, if there is no other practical, safe, and lawful method of 

disposal, provided the burning is conducted in a manner to protect public health and the 

environment. 

(3) Nothing in this subsection shall be construed as eliminating or limiting the 

sanctions or obligations imposed by title 39, chapter 14, part 3. 

The Shelby County Health Department must, therefore, immediately begin rulemaking to correct 

this deficiency by including equivalent provisions in the Shelby County Health Department's 

regulations. This rulemaking shall be completed no later than July 1, 2015. 

II 
IV. 

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

Tennessee and entered on this 14th day of May, 2014. 

Board Order 14_009 Shelby COE 2014 b.docx 

12