I SUMMARY SHEET 

I. Description ofltem 

Request approval of an Ordi~ance to maintain a $29.65 per ton emissio11 fee without 

Consumer Price Index Adjus ment, to incorporate by reference State air pollution control 

rules, to add two (2) new Sta rules, and to update language to be c_onsistent with State 

rules. 

n. Source and Amount of Fundipg 

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 the Memphis-Shelby County Air 

Pollution Control He ·ng Board; 

•!• by reference of State air pollution control rules to include 

effective by December 21, 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 non attainment 

status; 

•!• Adds the latest State r pollution 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 must provide and states that 

bw·den of proof is on he applicant, consistent with T.C.A. §68-201-118(k); 

•!• Clarifies right of en authority of Air Pollution 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 of diseases and pests or production 

or harvestin·g of crops in accordance with practices acceptable to the Health 

Department; . 

•!• Clarifies that a source ubject to a National Emission Standard for Hazardous Air 

Pollutants that applies to all volatile organic compound emissions at that source 

does not also have to amply with the VOC rule. 

•:• Amends definition of 'major source" for Title V Progr..rn to be consistent with 

latest promulgated fi raJ amendment 

IV. Additional Information Relev~nt to Approval of This 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 of State and Fedcrdl regulations to be incorporated by reference are on 

file at the Shelby County Clerk's office for public use, inspection and examination. 

Legal notice of the availability of the 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 Second Reading. 

This hearing will serve as the public hearing for Shelby County and its included 

municipalities on this Ordinance. 

Incorporation by reference becomes effective only after newspaper publication of this 

Ordinance. The Clerk of the County Commission is responsible for this publication. 

Local requirements must remain 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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