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Information on construction that has air contaminant sources
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Who needs a construction permit?
Any person wishing to construct an air contaminant source or to modify an existing air contaminant source, is required to obtain a construction permit from the Pollution Control Section of the Memphis Shelby County Health Department. Examples of air contaminant sources include:
- Process emission sources such as printing presses, asphalt plants, coating processes (painting of automobiles, office equipment, wood furniture, etc.)
- Fuel burning equipment such as boilers, gas or oil fired heaters, coal fired steam electric generating plants
- Incinerators for medical waste, municipal waste, etc.
Farming equipment, mobile sources and other exempted air contaminant sources are not required to obtain a construction permit.
For construction permitting purposes, air contaminant sources typically are classified as major or minor sources depending on their potential to emit pollutants. Major sources generally are:
(1) those that are subject to New Source Performance Standards
(NSPS) and have potential total facility emissions greater than
100 tons per year (tpy); and
(2) other sources with potential total facility emissions greater
than 250 tpy or more of the following criteria pollutants: carbon
monoxide, particulate matter, nitrogen dioxide, sulfur dioxide,
lead and ozone (indirectly determined from emissions of
volatile organic compounds and nitrogen oxides).
Examples of major sources are power plants, chemical
manufacturers, some secondary metal production facilities
and large printing operations.
Minor sources are sources of air contaminants that are not major sources and are not exempt from construction permit requirements. Examples include concrete batch plants, medical waste incinerators, and small surface coating and printing operations.
Under certain circumstances, the Memphis Shelby Air Code allows for exemptions of specific activities. Please refer to Chapter 1200-3-9-.04 for a listing of exemptions for Title V and Non-Title V Sources.
Memphis Shelby County Air Code Chapter 1200-3-9 contains the general requirements for construction permits. Specific requirements that limit emissions from individual processes are located at various points in the regulations. It is suggested that anyone filing a construction permit application first contact the Section for assistance in identifying all applicable rules.
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What information must I provide?
Applicants must submit the following items at least 120 days before starting construction for major sources, and at least 90 days in advance for minor sources:
- Permit Application Form, (APC 2-01) requires the address of the facility and principal contact and the estimated construction start and completion dates.
- Air contaminant source and emission point description forms. These forms are source specific and require general information regarding the project and air contaminant source, descriptions of processes and equipment specifications, and quantification of the pollutants emitted.
Contact the Pollution Control Section for information concerning applicable forms at (901) 544-7775 during normal business hours.
In addition, some major sources may need to submit one year of preconstruction air quality monitoring data for the relevant area, emission control plans that include the best available control technology, and ambient impact analysis based on air quality modeling. Contact the Major Source Group for information concerning requirements for major sources.
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What fees are required?
Fees for permits range from $200.00 to as much as $3,000.00 for a PSD construction permit.
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How will my application be processed?
When applications are submitted, the Section reviews them for completeness. The applicant is notified in writing of any deficiencies. When the necessary items are complete, a draft permit is prepared. Notices of minor source draft permits are published for public review. Major source draft permits go through a public review process where the public, affected states and the EPA's comments are solicited. A public hearing is held if significant interest is displayed. After considering public comments and a final supervisory review, a final decision is made, and the permit is issued or denied. Under state law, a construction permit for a minor source must be issued within 115 days after receipt of a complete application. For major sources, the permit is to be issued within six (6) months after receipt of a complete application. The entire permit process may take two (2) to four (4) months for minor sources and five (5) to more than 12 months for major sources.
Permits are issued for the period of time required to complete construction and to meet any start-up conditions identified in the permit - usually less than one (1) year.
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What are my rights and responsibilities after the permit is approved?
Upon issuance of the permit, the applicant may proceed with the approved construction. An applicant denied a permit may appeal to the Air Pollution Control Board. Some minor changes and extensions to the construction permit can be made administratively. Any modification to the air contaminant source requires a construction permit. The construction permit is not transferable.
Permit conditions may be appealed by filing a petition to the Technical Secretary for reconsideration. Upon completion of construction, applicants are responsible for obtaining an operating permit from the Pollution Control Section.
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What are the section's rights and responsibilities?
The Section is responsible for protecting the air quality of Tennessee. A construction permit ensures that any new, modified, replaced or relocated air contaminant source or business complies with all air quality requirements and will not have a detrimental impact on human health or the environment.
The Section has the right to conduct inspections and to suspend or revoke any construction permit if the permit holder fails to comply with permit conditions. The Tennessee Air Quality Control Act provides for civil penalties up to $25,000 per day for each day of violation.
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Who do I contact for applications, assistance and other information?
For air contaminant sources located in Shelby County, the applicant must contact and obtain a permit from the Pollution Control Section.
In addition, applicants may contact the following centers for assistance:
Click on the name below (in green) to go to that web site.
Applicants may refer to the following publications for further information:
- TDEC Section 1200-3: Air Pollution Control Regulations
- 40 CFR part 60: Standards of Performance for New Stationary Sources
- 40 CFR part 61: National Emission Standards for Hazardous Air Pollutants
- 40 CFR part 63: National Emission Standards for Hazardous Air Pollutants For Source Categories
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