DEPARTMENT OF ENVIRONMENT Al\'D CONSERVATION 

DMSION OF AIR POLLUTION CONTROL 

CERTIFICATE OF EXEMPTION 

By authority of Section 68-201-115 Tennessee Code Annotated 

tbe Tennessee Air Pollution Control Board Declares 

Shelby County Tennessee & all included municipalities 

Is 

exempt from the 11ruvisioos of the 

Tcoorssee Air Quality Act as found io 

Cbapter201 o£Tirlt 68, 1:conuser Code Aooollltcd 

subject to snell limitations as est3blished by tbc board 11ursuant 

to Boa rei Order No. 02-010 passed 

by the Boartl on this the 25'" tlate of June, 2002 

Air Pollution Control Board Members of the State of Tennessee 

Expiration datea Juut 30, 2004 
TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

BUREAU OF ENVIRONMENT 

DIVISION OF AIR POLLUTION CONTROL 

IN THE MATTER OF: 

Shelby County, Tennessee 

City ofMemphis, Tennessee 

City of Arlington, Tennessee 

City of Barlett, Tennessee 

City of Lakeland, Tennessee 

City of Collierville, Tennessee 

City of Germantown, Tennessee 

City of Millington, Tennessee 

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CERTIFICATE OF EXEMPTION 

BOARD ORDER 

I. 

Board Order No. 02-010 

Under the authority ofTennessee Code Annotated, Section 68-201-115, a petition to 

amend the Shelby County Certificate of Exemption was filed on April 16, 2002, with the 

Tennessee Division of Air Pollution Control by the Memphis/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 68-201-115(b)(3), the Memphis/Shelby County Health 

Department does enforce regulations and/or ordinances for the control of air pollution 

which are as stringent as the State's statutory requirements. Therefore, the Alr Pollution 

Control Board of the State of Tennessee does hereby grant a Certificate of Exemption to the 

City of Memphis, the County of Shelby, Tennessee and all included municipalities for a 

two (2) year period. The certificate goes into effect on July 1, 2002, and expires on June 

30,' 2004 as authorized by T.C.A Section 68-201-llS(c). During this period, the 

Memphis/Shelby County Health Department, and the Memphis/Shelby County Air 

Pollution Control Board shall be exempted from the provisions of the ACT with respect to 

power and authority in the following: 

1. Ambient air quality standards; 

2. Open burning regulations; 

3. Visible emission standards; 

4. Non-process emission limitations; 

5. Process emission limitations; 

6, Fugitive dust regulations; 

7. Permitting requirements, including definitions; amendments to permits; 

applications; permitting fees; emissions fees; testing; practical 

enforceability; monitoring; recording keeping and reporting; 

A. Construction Permits: 

(1) New Source Review- Growth Policy 

~) PSD authority 

(3) Minor Source Permits 

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B. Operating Permits: 

(1) Initial and Renewal 

(2) Federally Enforceable 

C. Part 70 Operating Permits 

D. Asbestos Demolition and Renovation Project Permits 

E; Permitting of merchant electric generating plants of 50 megawatts or 

more shall be conducted only after receipt of a certificate to proceed 

with permitting and transmission provider agreements from the 

Department of Economic and Community Development, with a 

requirement for Best Available Control Technology (BACT) and 

notification of federal land managers of any such proposed plant. 

8. All National Emission Standards for Hazardous Air Pollutants, and 

Maximum Achievable Control Technology Standards, as set forth in Chapter 

1200-3-11 & 31, (as adopted from 40 CFR Parts 61 and 63) 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 ofthe Federal Clean Air Act and enforcement ofthese standards 

and regulations; 

9. Methods of sampling; testing and analysis; 

10. Enforcement and Compliance provisions; 

• Instituting, or causing to be instituted in a court of competent 

jurisdiction, legal proceedings to compel compliance with any order, 

fmal order, determination, rule, regulation or ordinance of the local 

Board, the Director of the Memphis-Shelby County Health Department, 

or of any included governmental entity 

• 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 

Prdtection Agency or district attorney general for prosecution 

• Determining that any order, final order, determination, rule, regulation or 

ordinance of the local Board, the Director of the Memphis-Shelby 

County Health Department, or of any included governmental entity has 
been violated, that such violation constitutes a public nuisance, and 

abating such a public nuisance in the manner provide~ by the general law 

relating to the abatement of public nuisances, including instituting legal 

proceedings to abate a public nuisance on behalf of a municipality or a 

county 

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

12. Control of emissions of carbon monoxide; 

13. Control of emissions of the precursors to ozone including volatile organic 

compounds and nitrogen oxides; 

14. Control of emissions of sulfur oxides, emissions of sulfuric acid and 

sulfur trioxide (combined); 

Control of emissions of lead; 

Emergency episode regulations including emergency stop orders; 

17. New Source Performance Standards (NSPS) as set forth in TN Chapter 

1200-3-16 and Emission Guidelines in 40 CFR Part 60, after adoption a8 

local laws, as listed below: 

General Provisions; 

Fossil fuel-flred steam generating units of more than 250 million Btu/hr 

heat input rate which commenced construction after April3, 1973; 

Electric utility steam generating units of more than 250 million Btulhr 

heat input rate which commenced construction after September 18, 1978; 

Incinerators; 

Municipal waste combustors; 

Portland cement plants; 

Sulfuric acid plants; 

Ni ic acid plants; 

Asphalt concrete plants (hot mix asphalt facilities); 

Petroleum refineries; 

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Storage vessels for petroleum liquids for which construction, 

reconstruction, or modification commenced after Apri121, 1976 and 

prior to May 19, 1978; 

Storage vessels for petroleum liquids for which construction, 

reconstruction, or modification commenced after May 18, 1978 and prior 

to July 23, 1984; 

Secondary lead smelters; 

Secondary brass and bronze ingot production plants; 

Iron and steel plant furnaces constructed after June 11, 1973; 

Basic oxygen process furnaces constructed after June 11, 1973, primary 

emissions; 

Basic oxygen process steelmaking facilities constructed after January 20, 

1983, secondary emissions; 

Sewage treatment plants, incinerators; 

Phosphate fertilizer industry for: 

• Wet process phosphoric acid pl&nts; 

• Super phosphoric acid plants; 

Diammonium phosphate pla,nts; 

• Triple superphosphate plants; 

• Granular triple superphosphate storage facilities; 

Primary aluminum reduction plants; 

Coal preparation plants; 

Primary copper smelters; 

Primary zinc smelters; 

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Primary lead smelters; 

Steel plant electric arc furnaces constructed after February 9, 1977 and 

on or before August 17, 1983; 

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Ferroalloy production; 

Lime Manufacturing plants; 

Kraft pulp mills; 

Grain elevators; 

Stationary gas turbines; 

Ammonium sulfate manufacture; 

Glass manufacturing plants; 

Automobile and Light-duty truck surface coating operations; 

Asphalt processing and asphalt roofing manufacture; 

Industrial surface coating: large appliances; 

Surface coating of metal furniture; 

Metal coil surface coating; 

Graphic arts industry: Publication Rotogravure Printing; 

Beverage can surface coating industry; 

Metallic mineral processing plants 

Pressure sensitive tape & label surface coating operations; 

Equipment leaks ofVOC in the synthetic organic chemicals 

manufacturing industry; 

Bulk-gasoline terminals; 

Synthetic fiber production facilities; 

Lead-acid battery manufacturing plants; 

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Equipment leaks ofVOC in petroleum refineries; 

Flexible vinyl & urethane coating and printing; 

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Petroleum dry cleaners; 

Phosphate rock plants; 

Equipment leaks ofVOC from onshore: natural gas processing plants; 

Electric arc furnaces and argon-oxygen decarburization vessels 

constructed after November 6, 1988; 

Industrial Surface Coating: plastic parts for business machines; 

Industrial-commercial institutional steam generating units; 

Onshore- natural gas processing: S02 emissions; 

Non-metallic mineral processing plants; 

Wool fiberglass insulation manufacturing plants; 

Polymeric coating of supporting substrates facilities; 

Rubber Tire Manufacturing Industry; 

Calciners and Dryers in Mineral Industries; 

Municipal Solid Waste Landfills (40 CFR Subpart WWW); 

18. Administrative procedures including emissions credit banking and emissions 

trading policy statements; 

19. Emissions limitations and monitoring requirements; 

20. Regulation of malfunctions, start-ups, and shutdowns; 

Alternate emissions limitations; 

General policies or plans; [Ozone; Carbon Monoxide and Lead Maintenance 

Demonstration Plans (SIP); Particulate Matter Control Plan (PM2.5); 

23. System of permits and/or certificates and emission fees to include the Title 

V pei'lll# program; 

24. Scheduling and collecting of fees -for-review- of plans and specifications, 

issuance or renewal of permits or certificates (including Title V pennit fees), 

inspection of air pollutant sources, including building demolition and 

renovation and computer and research time; 

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

Subpart PPP); 

Industrial Surface Coating: plastic parts for business machines [1200-3-

16-.57, 40 CFR 60 Subpart TIT]; 

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

CFR 60 Subpart Db]; 

Rubber Tire Manufacturing Industry [1200-3-16-.60, 40 CFR 60 subpart sss); 

Volatile organic liquid storage vessels (including petroleum liquid 

storage vessels) constructed on or after June 2, 1990 [t200-3-16-.6tJ; 

Volatile organic liquid storage vessels (including petroleum liquid 

storage vessels) constructed on or after July 23, 1984 [40 CFR 60 Subpart KbJ; 

Calciners and Dryers in Mineral Industries [1200-3-16-.74, 40 CFR 60 Subpart 

UUU]; 

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

negative declaration has been made for Subpart Cc which pertains to emission guidelines for MSWL's and 

that this subpart has not been adopted locally]; 

Small industrial-commercial-institutional steam generating units [40 CFR 

60 Subpart De]; 

Hospital/medical/infectious waste incineration [40 CFR 60 Subpart EcJ; 

Volatile organic compound (VOC) emissions from the polymer 

manufacturing industry [40 CFR 60 Subpart ooo); 

Volatile organic compound (VOC) emissions from the synthetic 

organic chemical manufacturing industry (SOCMI) air oxidation unit 

processes [ 40 CFR 60 Subpart Ill]; 

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 

wastW~ater systems [ 40 CFR 60 Subpart QQQJ; 

Volatile organic compound (VOC) emissions from the synthetic 

organic chemical manufacturing industry (SOCMI) reactor processes 

[40 CFR 60 Subpart RRR]; 

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m. 

It is beteby provided that the Certificate of Exemptioo is roade conditional 

pursuant to Tennessee Code Annotated 68-201-IIS(c) in its applicability to the 

municipalities of Collierville and Millington located within the boundaries of 

Shelby County, Tennessee. The state bas retained jurisdiction authority to hear 

appeals of administrative actions in these municipalities for the past TWO years 

(Board Orders No. 00-008; 01-011). However, both these municipalities initiated 

procedures to adopt regulations and ordinances (Collierville Ordinance No. 2002-01 

adopted May I, 2002; Milliogton Ordinance No. 2002-00 (pending) which 

enactments will be consistent with tbe Shelby County Air Code and Shelby_County 

Code of Laws. 

Therefure, the Certificate of Exemption is hereby granted to the Shelby 

County Government and all included political subdivisions for the period ofJuly 1, 

2002, through June 30, 2004, as authorized by the T.C.A 68-20 1-llS(c), and is 

conditional upon completion of adoption by the City of Millington by December 31, 

2002, of an ordinance that traiJSfers authority to hear appeals of administrative 

actions of the Memphis-Shelby County Health Department to the Memphis-Shelby 

County Air Pollution Control Hearing Board and to eliminate the appellate 

provisions to its Board of Mayor and Aldermen. It is also conditional upon 

completion of adoption by Shelby County Government and all includ.."d 

municipalities by June 30, 2003, of ordinances incorporating by reference any or 

(P 

. aU. of the regulations ofth~ boardjol1_9wingJ'Orrec pro_cedures as descri~d in 

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T.C.A. 68-201-115. If ordinance adoption by Millington is completed by December 

31,2002, and if ordinance adoptions by Shelby County Government and all 

included municipalities is completed by June 30, 2003, then the Certificate of 

Exemption will continue in effect within these municipalities to allow regulation by 

the Memphis-Shelby County Health Department and Air Pollution Control Hearing 

Board. 

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IV. 

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

of Tennessee and entered on this 25th day of June, 2002. 

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