### Concerns ofthe Air Quality Subcommittee, Chamber ofCommerce Raised August 15,2002


### RIGHT OF ENTRY: Proposed Ordinance Section 4
Concern: Response Could a member ofan enviromnental group claim to be an "environmentalist" authorized to enter aplant under tllis language? No. The right ofentry is limited to "the Health Officer and his authorized representatives, inch.t9.ing engineers, assistants, environmentalists and other employees

...." To provide further assurance, thesejob titles could be capitalized: "Engineers, Assistants, Environmentalists and other employees

...." PENALTIES FOR NONCOMPLIANCE: Proposed Ordinance Section 1
Concern: The words "Willful and knowing" are missing from the beginning ofwhat would now be Section 3-3(c) ofthe Shelby County Air Code. Response: This was a clerical omission. The words "Willful and knowing" should be inserted as the first three words in Section 3-3(c) to correct this clerical
error. Only willful andknowing violations are misdemeanors.
Concern: Does the proposed Section 3-3(b) language "The Memphis and Shelby County Health Department in conjunction with the local Air Pollution Control Board shall have authority, at their option, to institute and litigate proceedings for violations as set out therein" mean that the first enforcement step could be litigation? Response: No. Litigation would be available to enforce a Board Order after noncompliance with aBoard Order. After hearing an appeal, the Board issues a Board Order.
Concern: The phrase "Technical Secretary'' appears 

### inproposed Section 3-3(e)(2)(a): "Anyperson against whom an assessment in excess often thousand dollars ($10,000) for each violation has been issuedby a local pollution control program pursuant to this section maypetition the Technical Secretary for de novo review ofthe assessment under the provisions of

### T.C.A. §68-201-116." Does that mean the appeal goes back to the Health Officer at the Memphis-Shelby County Health Departmentbecause ofthe language 

### in Section 3-12(c) that says wherever "TecbWcal Secretary'' appears ''Health Officer" shouldbe substituted? Response: No

. The phrase "underthe provisions ofT.C.A. §68-201-116" makes it clear that an appeal ofthese assessments by a local pollution control program is to the Technical Secretary ofthe Tennessee Air 

### Pollution

_ .. .__ Cmltrol Board and

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_ argjtself. Tire phrase "except in Section 3-3(e)(2)(a)" couldbe added to Section 3-12(c) for

- further-

- clarification in the future.PUBLIC NOTICE Concern:
Response:

FLLture: The Environment Committee/ Air Quality Subcommittee at the Chamber ofCommerce did not have advance notice ofapublic hearing on this ordinance proposal. The Chainnan ofthe Environment Committee, Dale Morris, had told the Technical Manager in earlyMay, 2002, that he subscribes to and reads The DaillNews. The legal notice was published inthe DailyNews on May 22n . Alegal notice related to Mr. Morris' plant was in the Daily News onMay 20th, two days earlier. Notices were also mailed to all seven cities for posting. It should be noted that there is no legal requirement that
a legal notice be published in advance ofadoption ofan incorporationby reference ordinance. T.C.A.§68-201-115 requires publication ofthe adopted ordinance 

### in anewspaper having a general circulation in the municipality or countybefore incorporation by reference takes legal effect. The DailyNews meets such requirements and is used for a variety oflegal notices in Shelby County. The DailyNews was used for suchpublications during the tenures ofCarter Gray and Helyn Keith at the Pollution Control Section. The Pollution Control Section will schedule abriefing ofthe Environment Committee at the Chamber ofCommerce and abriefing ofneighborhood and environmental groups and the Air Pollution Control Heari.11g Board prior to FirstReading before the Commission.
ROLE OF THE BOARD Concern:
Response: Iflocal air pollution control regulations have to be as stringent as the standards adopted for the State, does a localprogram's air pollution control board have to have identical duties and powers as the State Board? No. State law requires the emission limits andpollution control requirements are uniform throughout the State, but procedures are left up to the municipalities and counties that comprise a local air pollution control program. The Memphis-Shelby CountyAirPollution Control Hearing Board was established in 196.9 as an appeals board that also is assigned to consider variance requests. In 1992 the County Commission also assignedthe Board the responsibility ofmaking an annual emission fee recommendation to the Commission. The Tennessee AirPollution Control Board has granted at least eight (8) Certificates ofExemption to the Memphis-Shelby County air pollution control program after deteryrining that local regulations meet statutoryrequirements or placing the local program on a schedule to catch up.