Concerns of the Air Quality Subcommittee, Chamber of Commerce 

Raised August 15,2002 

RIGHT OF ENTRY: Proposed Ordinance Section 4 

Concern: 

Response 

Could a member of an enviromnental group claim to be an 

"environmentalist" authorized to enter a plant under tllis language? 

No. The right of entry is limited to "the Health Officer and his authorized 

representatives, inch.t9.ing engineers, assistants, environmentalists and 

other employees .... " To provide further assurance, these job 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 of what 

would now be Section 3-3(c) of the 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 and knowing 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 a Board Order. After hearing an appeal, the Board 

issues a Board Order. 

Concern: The phrase "Technical Secretary'' appears in proposed Section 

3-3(e)(2)(a): "Any person against whom an assessment in excess often 

thousand dollars ($10,000) for each violation has been issued by a local 

pollution control program pursuant to this section may petition the 

Technical Secretary for de novo review of the 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 

Department because of the language in Section 3-12(c) that says wherever 

"TecbWcal Secretary'' appears ''Health Officer" should be substituted? 

Response: No. The phrase "under the provisions ofT.C.A. §68-201-116" makes 

it clear that an appeal of these assessments by a local pollution control 

program is to the Technical Secretary of the Tennessee Air Pollution 

_ .. . __ Cmltrol Board and tjle~ J.o !IJ:~ S!at~ B,q_argjtself. Tire phrase "except in 

Section 3-3(e)(2)(a)" could be 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 

of Commerce did not have advance notice of a public hearing on this 

ordinance proposal. 

The Chainnan of the Environment Committee, Dale Morris, had told the 

Technical Manager in early May, 2002, that he subscribes to and reads 

The DaillNews. The legal notice was published in the Daily News on 

May 22n . A legal notice related to Mr. Morris' plant was in the Daily 

News on May 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 of adoption of an incorporation by 

reference ordinance. T.C.A.§68-201-115 requires publication of the 

adopted ordinance in a newspaper having a general circulation in the 

municipality or county before incorporation by reference takes legal 

effect. The Daily News meets such requirements and is used for a 

variety of legal notices in Shelby County. The Daily News was used 

for such publications during the tenures of Carter Gray and Helyn Keith 

at the Pollution Control Section. 

The Pollution Control Section will schedule a briefing of the Environment 

Committee at the Chamber of Commerce and a briefing of neighborhood 

and environmental groups and the Air Pollution Control Heari.11g Board 

prior to First Reading before the Commission. 

ROLE OF THE BOARD 

Concern: 

Response: 

If local air pollution control regulations have to be as stringent as the 

standards adopted for the State, does a local program's air pollution 

control board have to have identical duties and powers as the State Board? 

No. State law requires the emission limits and pollution 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 County Air Pollution 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 assigned the Board the responsibility of making an annual emission 

fee recommendation to the Commission. The Tennessee Air Pollution 

Control Board has granted at least eight (8) Certificates of Exemption 

to the Memphis-Shelby County air pollution control program after 

deteryrining that local regulations meet statutory requirements or 

placing the local program on a schedule to catch up.