Shelby County works to correct issues in air pollution control program

Threatened with suspension by the state, Shelby County’s Air Pollution Control Program is actively working to correct issues first identified three years ago, representatives of the program reported to the state’s Air Pollution Control Board Wednesday.

Issues outstanding from a 2019 audit by the Environmental Protection Agency that have kept the county from demonstrating its compliance with federal standards include problems with how data is kept and validated and a lack of standard operating procedures.

Separately, the county also has an 18-month permitting backlog for title V operating permits, required by companies whose operations involve a major air contaminant source.

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In order to correct the concerns identified in 2019, the Shelby County Health Department — which oversees the county’s program — will hire an outside consultant to aid in the creation of standard operating procedures and is bringing on board two new data analysts, according to the program’s first quarterly report, dated Sept. 30.

In addition to the consultant who will assist with the creation of procedures, another consultant is being sought to aid in day-to-day operations, said Kasia Smith-Alexander, administrator of environmental health for Shelby County, in a report to the state board.

That consultant will review daily summary reports for abnormalities, perform quality control checks and more.

The county is also looking at hiring two engineers to address the permitting backlog, Smith-Alexander said.

In a written statement, the Shelby County Health Department said it does expect to meet the state’s goal of receiving a closeout letter from the Environmental Protection Agency by June 2023, a letter that will indicate all concerns have been addressed.

Wednesday was the first of required quarterly updates from the county’s board to the state, which grants its permission to operate through a certificate of exemption. There are four local air pollution control programs in Tennessee, while other areas are covered by the state’s board.

In June, the state granted Shelby County’s Air Pollution Control Program a certificate of exemption, but with qualifications: That the Shelby County Health Department resolve outstanding findings from a 2019 report, provide an Environmental Protection Agency close out letter in no later than 12 months, and reporting back to the state on a quarterly basis.

“If a determination is made that the SCHD does not meet the terms of this exemption or fails to comply with these provisions, the Division of Air Pollution Control shall so notify the Board, and the Board, upon reasonable notice to the SCHD, may suspend the exemption in whole or in part until such time as the SCHD resolves the outstanding findings and concerns identified in the 2019 TSA,” reads the June order granting the county’s certificate of exemption.

At the time of the certificate of exemption renewal process, Shelby County had 30 permitting activities with applications beyond the 18-month regulatory deadline. In the past two years, the department has had about 75 permitting activities that were completed with applications beyond the 18-month deadline, according to the state board’s order in June.

Michelle Walker Owenby, director of the division of air pollution control at the Tennessee Department of Environment and Conservation, said the state believes Shelby County has made progress. And, she’s optimistic that the Shelby County Health Department will be able to get a closeout letter from the Environmental Protection Agency by June 2023.

“There’s a lot of work to do, but they definitely are taking it very seriously with the amount of consulting help and hiring they’re doing,” Owenby said. “They’ve put a lot of things in place in terms of trying to address their longer-term staffing issues by making some (human resource) changes and looking at higher rate they can pay for the positions. Those things are great that can help them sustain the program.”

Katherine Burgess covers county government and religion. She can be reached at katherine.burgess@commercialappeal.com, 901-529-2799 or followed on Twitter @kathsburgess.

This article originally appeared on Memphis Commercial Appeal: Shelby County works to correct issues in air pollution control program