# I SUMMARY SHEET

I. Description ofltem Request approval of an

# Ordi~ance to maintain a $29.65 per ton emissio11 fee without ConsumerPrice Index Adjus ment, to incorporate by reference State airpollution control rules, to add two (2) new Sta rules, and to update language to be c

_ onsistent with State rules. 

## n. Source and Amount ofFundipg Not applicable 

## m

. Ordinance Items •!• Retains for calendar y ar 2001 emissions a $29.65 per ton fee without consumer Price Index Adjustme t, as recommended by theMemphis-Shelby County Air Pollution Control He ·ng Board; 

### •!• by reference ofState air pollution control rules to include effective byDecember21, 2000; •!• Adds a new State air ollution control rule requiring emergency episode plans of specified sources inn nattainment areas. Sources in Shelby County would only be required to comply upon redesignation from attainment status to nonattainment status; •!• Adds the latest State rpollution control rule requiring that Transportation Plans conform with Air Qu ity Plans (Transportation Conformity Rule); •:• Revises penalties for oncompliance to include additional T.C.A. §68-201-112 and §68-201-116 pro ·sions that apply to local air pollution control programs; •:• Clarifies information n applicant for a variance mustprovideand states that bw·den ofproofis on he applicant, consistent with T.C.A. §68-201-118(k); •!• Clarifies right ofen authority ofAirPollution Control employees 

### to ensure compliance through i spection; . •:• Updates open burning rule to include air curtain destructor siting criteria, materials prohibited m burning, definitions, exception after natural disasters, and exception for fir for agricultural control ofdiseases and pests orproduction or harvestin· g ofcrops in accordance with practices acceptable to the Health Department; . 

### •!• Clarifies that a source ubject to a National Emission Standardfor Hazardous Air Pollutants that applies 

### to all volatile organic compound emissions at that source does not also have to amply w ith the VOC rule. •:• Amends definition of 'major source" forTitle V Progr..rn to be consistent with latest promulgated 

### fi raJ amendment IV. Additional Information 

### Relev~nt to Approval ofThis Item The Memphis-Shelby County Air Pollution Control Board is required to forward an 

### o emissions fee recommendatio to the County Commission by April 1st annually. The



### ------- **------------P~o~ll:ution** Control Section inv ices the sources on August 

### 15th; payment is due by

**emb~H** ,000.00 is owed). - ·- __ _Three (3) copies ofState and Fedcrdl regulations to be incorporated byreference are on file at the Shelby County Clerk's office for public use, inspection and examination. Legal notice ofthe availability ofthe materials to be incorporated by reference must 

### be published thirty (30) days before Third Reading, and the Pollution Control Section has arranged for such publication. A public hearing on the proposed Ordinance has been advertised for the SecondReading. This hearing will serve as the public hearing for Shelby County and its included municipalities on this Ordinance. Incorporation byreference becomes effective only after newspaper publication ofthis Ordinance. The Clerk ofthe County Commission is responsible for this publication. Local requirements mustremain as stringent as State standards to renew the Certificate of Exemption from State supervision. The cum:nt Certificate expires June 30, 2002.

C:laiMPC Ordinance Sunvnory

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