### DEPARTMENT OF ENVIRONMENT Al\ 'D CONSERVATION DMSION OFAIR POLLUTION CONTROL 

# CERTIFICATE OF EXEMPTION By authority ofSect ion 68-20 1-115 Tennessee Code Annotated tbe Tennessee Air Pollution ControlBoard Declares 

## Shelby County Tennessee & 

## all included municipalities Is exempt from the 11ruvisioos ofthe Tcoorssee Air QualityAct as f ound io Cbapter201 o£Tirlt 68, 1:conuser Code Aooollltcd subject to snell l imitations as est3blished by tbcboard 11ursuant to Boarei OrderNo. 02-010 passed by the Boartl on this the 25'" tlate ofJune, 2002 

### Air Pollution Control Board M embers of the State of Tennessee

Expiratio n datea Juut 30, 2004TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION BUREAU OF ENVIRONMENT DIVISION OF AIR POLLUTION CONTROL

IN THE MATTER OF: Shelby County, Tennessee City ofMemphis, Tennessee City ofArlington, Tennessee City ofBarlett, Tennessee City ofLakeland, Tennessee City ofCollierville, Tennessee City ofGermantown, Tennessee City ofMillington, Tennessee ) ) ) ) ) ) ) ) ) ) )
CERTIFICATE OF EXEMPTION
BOARD ORDER 

### I. Board OrderNo. 02-010

Under the authority ofTennessee Code Annotated, Section 68-201-115, a petition to amend the Shelby County Certificate ofExemption 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 inT.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 ofthis 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 ofthe State ofTennessee does hereby grant a Certificate ofExemption to the City ofMemphis, 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 ofthe 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

2B. Operating Permits: (1) Initial and Renewal (2) FederallyEnforceable C. Part 70 Operating Permits D. Asbestos Demolition and Renovation Project Permits E; Permitting ofmerchant electric generating plants of50 megawatts or more shall be conducted only after receipt ofa 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 offederal land managers ofany suchproposedplant. 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 ofsampling; 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 ofthe Memphis-Shelby County Health Department, or ofany 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 ofviolation 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 hasbeen 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 ofpublic nuisances, including instituting legal proceedings to abate a public nuisance on behalf ofa municipality or a county 11. Controlofemissions ofparticulate matter including PM10, PM2.5; 12. Control ofemissions ofcarbon monoxide; 13. Control ofemissions ofthe 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 ofemissions oflead; 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 ofmore than 250 million Btu/hr heat input rate which commenced construction after April3, 1973; Electric utility steam generating units ofmore 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); Petroleumrefineries;

4

### 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; G 

### Primary lead smelters; Steel plant electric arc furnaces constructed after February 9, 1977 and on or before August 17, 1983;

5

### Ferroalloy production; Lime Manufacturing plants; Kraft pulp mills; 

### Grain elevators; Stationary gas turbines; Ammonium sulfate manufacture; Glass manufacturing plants; Automobile and Light-dutytruck surface coating operations; Asphalt processing and asphalt roofing manufacture; Industrial surface coating: large appliances; Surface coating ofmetal 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; 0 

### Equipment leaks ofVOC in petroleum refineries; Flexible vinyl & 

### urethane coating and printing;

6

### 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 ofsupporting 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 ofmalfunctions, start-ups, and shutdowns; Alternate emissions limitations; General policies or plans; [Ozone; Carbon Monoxide and Lead Maintenance DemonstrationPlans (SIP); Particulate Matter Control Plan (PM2.5); 23. System ofpermits 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 ofpermits or certificates (including Title Vpennit fees), inspection of air pollutant sources, including building demolition and renovation and computer and research time;

'1Wool 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 SubpartTIT]; Industrial-commercial-institutional steam generatingunits [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 CFR60 Subpart Ill]; Volatile organic compound (VOC) emissions from the synthetic organic chemical manufacturing industry (SOCMI) distillation operations [40 CFR 60 SubpartNNNJ; 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];

8

## m. It is beteby provided that the Certificate ofExemptioo 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 ofExemption 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 68-201-llS(c),

### and is 

### conditional upon completionofadopt i onby the CityofMillington by December 31, 2002, ofanordinance thattraiJSfers authority to hearappeals ofadministrative actions of the Memphis-Shelby CountyHealthDepartment to theMemphis-Shelby County Air Pollution Control Hearing Board and to eliminate the 

### appellate provisions to its Board ofMayor and Aldermen. Itis 

### also conditional upon completion ofadoptionby Shelby County Government 

### and all includ.."d municipalities by June 30, 2003, ofordinances incorporating by reference any or (P



### . aU
. oftheregulations

**ofth~ boardjol1_9wingJ'Orrec**  **pr o_cedures**  

### as

**descri~d** 

### in

9

### T.C.A. 68-201-115. Ifordinance adoptionby 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.

10

### IV. Approved by the following members ofthe Air Pollution Control Board ofthe State ofTennessee and entered on

### this 25th day ofJune, 2002.



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