STATE OF TENNESSEE 

DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

May 23, 2013 

DIVISION OF AIR POLLUTION CONTROL 

WILLIAM R. SNODGRASS TENNESSEE TOWER 

312 ROSA L. PARKS AVENUE, 15TH FLOOR 

NASHVILLE, TN 37243 

Ms. Heather McTeer Toney 

Regional Administrator 

U.S. EPA. Region IV 

Atlanta Federal Center, 12'h Floor 

61 Forsyth Street, S.W. 

Atlanta, Georgia 30303-8960 

Subject: Request to Amend the Shelby County Portion of Tennessee's Sate 

Implementation Plan (SIP) to Incorporate Revisions to the Shelby County 

Maintenance Plan for the 1997 8-hour Ozone NAAQS 

Dear Administrator McTeer Toney: 

The Tennessee Division of Air Pollution Control is requesting the EPA incorporate into 

the Tennessee State Implementation Plan (SIP) a revision to the Shelby County portion 

of the SIP. This revision incorporates the recent termination of the Motor Vehicle 

Inspection and Maintenance Program in the City of Memphis. The current CAA Section 

175A Maintenance Plan for the Shelby County Portion of the Memphis 1997 8-Hour 

Ozone Maintenance Area includes the benefits of a tailpipe emissions testing program 

for the City of Memphis. The enclosed revision to this Maintenance Plan incorporates 

emissions reduction offsets from the closure of Cleo Inc. to a ratio of 1.1 to 1.0. 

Public Hearings were held on March 41

h and 61

h, 2014. See Attachment IX of the SIP 

revision for documentation of the public announcement and comments and responses. 

The Air Pollution Control Board of the State of Tennessee approved the SIP revision on 

May 141

h, 2014 (the Board Order (14-01 0) is attached). 
Revision to the Shelby County Portion of the TN SIP 

May 23, 2014 

Page 2 of2 

Enclosed are a printed copy of the revised SIP and an electronic copy, identical to the 

printed copy. Should you need further information, please feel free to contact Marc 

Corrigan (Marc.Corrigan@tn.gov or (615) 532-0616) on my staff. 

Enclosure 

cc: Mr. R. Scott Davis, Branch Chief US EPA 

Letter only: 

Ms. Lynorae Benjamin, US EPA; Benjamin.Lynorae@epamail.epa.gov 

Mr. Sean Lakeman, US EPA; Lakeman.Sean@epamail.epa.gov 

Mr. Robert Rogers, Shelby County Air Pollution Control Program; 

Bob. Rogers@shelbycountytn.gov 

Mr. Marc Corrigan, DAPC; Marc.Corrigan@tn.gov 
TE 1 'ESSEE DEPARTMENT OF E 1VIRONME 1

T & CO 'SERVATION 

BUREA U OF ENVIRO:-.!MEl'\T 

Dl VISIOI' OF AIR POLLUTIO\; C01 TROL 

IN THE ATTER OF 

ON-REGULATORY AME DME:--JT TO THE 

SHELBY COUNTY PORTION OF THE 

STATE IMPLEME~TATION PLAN (SIP) 

INCORPORATION OF A SUPPLEMENT TO 

THE SHELBY COUNTY 1997 8-HOUR OZONE 

MAINTE ANCE PLAN TO INCORPORATE THE 

TERMINATION OF MOTOR VEHICLE 

EtviiSSIONS INSPECTION PROGRAM 

BOARD ORDER 

ORDER NO. 14 -010 

The following maner came before the Tennessee Air Pollution Control Board on May 14, 2014. 

On May 2, 20 14, the Shelby County Health Department Pollution Control Section submined notification to the 

Division of a proposed non-regulatory change to the Shelby County 1997 8-Hour Ozone Maintenance Plan. The 

narrative portion of the proposed supplement is contained in Anachment I. 

A Public hearing notice of the proposed revision was available on-line at '"' \\.shclb\coun"1n.!!.O\ and published in 

the January 31. 2014. issue of the The Dailv . ews. Public Hearings were held on March 4th and March 6th, 2014. 

The Division of Air Pollution Control has reviewed the proposed changes to the Shelby County 1997 8-Hour Ozone 

Maintenance Plan and finds them acceptable. 

Following the Board's approval. the Shelby County portion of the State Implementation Plan shall be amended to 

incorporate the revisions to the Shelby County 1997 8-Hour Ozone Maintenance Plan. 

Approved by the following members of the Air Pollution Control Board of the State of Tennessee, and entered on 

the 14'h of ay, 2014. 

Board Order No 1-1 -010 
ATTACHMENT 1 
1997NAAQS 

Eight-Hour Ozone 

Revised Maintenance Plan 

for 

Shelby County, Tennessee 

Prepared by: 

Shelby County Health Department 

Poll ution Control Section 

814 Jefferson A venue 

Memphis, Tennessee 38 105 

May 1, 2014 
TABLE OF CONTENTS 

I. NON REGULATORY PORTION 1 

l. Purpose 1 

2. Background 1 

3. Pollutants to be Reduced 2 

4. Reduction Quantities 3 

5. Emission Reduction Requirements 3 

6. Emission Reductions 4 

7. Regulatory Analysis 4 

8. Intergovernmental Consultation 6 

II. REGULATORY PORTION 7 

These sections replace the 2010 Maintenance Plan a pproved effective Februa ry 3, 2010. 

9. 

10. 

11. 

Attachment I 

Attachment II 

Attachment Ill 

Attachment IV 

Attachment V 

Attachment VI 

Attachment VII 

Attachment VIII 

Attachment IX 

Attachment X 

Revised Maintena nce Plan 

A. Projections 

B. Motor Vehicle Emission Budgets 

C. Air Quality Monitoring Network 

D. Triennial Emission Inventory 

E. Stationa ry Source Control 

F. Voluntary Measures 

G. Contingency Provisions 

Meet All Requirements Under Section 110 And Part D of the CAA 

Public Comment 

Attachments 

Federal Registers (in chronological order) 

Intergovernmental Consultation 

MOVES2010b Input Files 

MOVES2010b Output Files 

Cleo Inc. Documentation 

Air Quality Monitoring 

2003 SlP Submit1al 

Supplemental Support Documents 

Public Participation 

Redline Version of Revised Maintenance Plan 

7 

7 

9 

11 

12 

12 

12 

17 

19 

20 
I. NON REGULATORY PORTION 

J. Purpose 

The purpose of this plan rev1s1on is to provide and document sufficient alternative emission 

reductions to off-set emission benefits assigned to the City of Memphis' Inspection and 

Maintenance (1/M) program in the Shelby County Ozone Maintenance Plan (20 I 0 0 3 Maintenance 

Plan) approved by the Environmental Protection Agency (EPA) (75 Federal Register (FR), January 

4, 20 I 0 (see Attachment 1)). This revision identifies the types and amounts of emission reductions 

attributable to 1/M and where equivalent reductions will be achieved to off-set those liM reductions 

so that this updated maintenance plan may be adopted. 

If all other components of this plan are approved, Shelby County requests that the specific 

components of the City of Memphis' liM program approved into the State Implementation Plan 

(SIP) in 1986 be formally removed from the SIP to include removal from the 20 I 0 0 3 Maintenance 

Plan, as these new components will substitute for the air quality benefits attributable to 1/M. The 

revised 20 10 0 3 Maintenance Plan will continue to identify county-wide basic JIM as a contingency 

measure and identify the events or conditions that would cause it to be triggered for 

implementation. 

2. Background 

The City of Memphis was designated as nonattainment of the carbon monoxide (CO) National 

Ambient Air Quality Standard (NAAQS) in 1978 (43 FR, March 3, 1978 (the 1978 document is not 

available but the date is referenced in 45 FR, p. 538 10, left hand column, August 13, 1980 (see 

Attachment 1))). Local transportation sources in the urbanized area were identified as the prime 

contributors of CO to monitored CO violations. As a result, liM was adopted as the control strategy 

to return the area to attainment of the CO standard. 

Eflective on August 31, 1994, the CO nonattaiment area was redesignated to attainment of the CO 

standard (59 FR, p. 44938, August 31, 1994 (see Attachment 1)). The in itial I 0-year maintenance 

plan approved with that redesignation contained a continuation of the approved JIM program. 

Subsequently, further improvements in automotive technology led to a consistent reduction in 

locally monitored levels of CO. A required second I 0-year CO maintenance plan was approved by 

the EPA (71 FR, p. 62384, October 25, 2006 (see Attachment I)) and demonstrated that 11M was no 

longer needed to maintain the CO NAAQS. The benefits of the continuation of the liM program 

were not relied upon in that maintenance plan update. 

In 2004. Shelby County. Tennessee, along with Crittenden County. Arkansas, was designated 

nonattainment of the 1997 ozone (03) AAQS, with a classification of ·moderate· (69 FR, p. 

23858, April 30, 2004 (see Attachment 1)). Under Part D, Subpart 2 of the Clean Air Act 

Amendments of I 990 (CAA). moderate 0 3 nonattainment areas with a county population over a 

given threshold are required to adopt a county-wide 1/M plan as part of the required SfP {CAA 

Section 182(b)(4)). At the time, the area's 0 3 design value (DV) was within CAA requirements 

(Section 181 (a)( 4)) to consider reducing the classification from moderate to marginal nonattainment 

of the 1997 ozone NAAQS. Shelby County worked closely with the State of Tennessee, Crittenden 
County and the State of Arkansas to prepare a petition for reconsideration. All parties involved in 

the petition adopted additional measures to control 0 3-forming emissions in the region. EPA 

granted the petition (69 FR, p. 56697. September 22. 2004 (see Attachment T)) which removed the 

SIP planning requirements mandated of moderate ozone non-attainment areas, including the 

adoption of a county-wide 11M program in Shelby County. 

The reclassification to marginal also reset the expected attainment date of the area to June 15, 2007. 

The area failed to achieve attainment on that date and in accordance with CAA Section 

181 (b)(2)(A), EPA reclassified the area to moderate 0 3 nonanainment (73 FR, p. 16547, March 28, 

2008 (see Attachment 1)). This reclassification again reset the attainment date. this time to June 15, 

20 I 0 with a SIP submittal due date of March I, 2009. That SIP was to include all CAA 

requirements of a moderate 0 3 nonattainment area, including county-wide 1/M in Shelby County. 

The end of the 2008 ozone monitoring season resulted in the DV for the entire ozone nonattainment 

area meeting the 1997 0 3 NAAQS. Shelby County and the State of Arkansas prepared separate 

redesignation requests and maintenance plans for their portions of the non-attainment area and 

coordinated their efforts in crafting the submittals. The separate submittals were made because 

Arkansas submits plans to EPA Region 6 headquarters in Dallas, Texas. whi le submittals from 

Tennessee are directed to EPA Region 4 headquarters in Atlanta, Georgia. After review and 

approval by the Tennessee State Air Board. the Shelby County request was submitted to EPA 

Region 4 in February. 2009. 

EPA took final action on the Shelby County submittal (75 FR, January 4, 20 I 0 (see Attachment I)) 

by approving the maintenance plan and redesignating the Shelby County portion of the 

nonattainment area to attainment with an effective date of February 3, 20 I 0. While this removed the 

immediate requirement to adopt county-wide 1/M, the approved maintenance plan included a 

continuation of the City of Memphis 1/M program and set a county-wide liM program as a 

contingency measure in the event that the 1997 0 3 NAAQS was violated after redesignation to 

attainment. 

In mid-20 12, the Memphis City Council voted to de fund the operation of the City of Memphis liM 

program beginning with Fiscal Year 2013/20 14. Vehicle inspection operations at all four City of 

Memphis inspection stations ended on June 28, 20 13. This termination of services is the principal 

reason this plan has been drafted and submitted as a failure to correct the potential violation of the 

SIP by not conducting these vehicle inspections may lead to the imposition of available sanctions 

authorized by the CAA. 

3. Pollutants to be Reduced 

Although 1/M was first implemented as a CO control measure. the program was shown to be 

unnecessary for continued maintenance of the CO NAAQS in the second I 0-year maintenance plan 

as discussed above. Therefore, liM emission reductions of CO are not being considered in this 

revision ofthe 20 10 0 3 Maintenance Plan. However, as the City of Memphis' tailpipe 11M program 

is included as a control measure in the 20 I 0 0 3Maintenance Plan, reductions of ozone precursors 

identified by EPA as oxides of nitrogen CNOx) and volatile organic compounds (VOC) are 

attributable to the program, and therefore must be addressed. Although it may be possible with 

2 
analysis to substitute NOx and VOC's for one another, the goal of this plan is to provide an off-set 

at a ratio of 1.1 to 1.0 for each pollutant. 

4. Reduction Quantities 

Information can be found in the document, ·'Methodology Used for MOVES Runspec'·, which 

describes the various parameters required to set up the MOVES Run Specification file for the 

MOVES20 I Ob model. lnfonnation concerning methodology used to calculate mobile source 

emissions, temperatures, Reid Vapor Pressure, and humidity can be found in the document titled 

"Methodology Used to Develop MOVES Inputs'·. Both documents are located in Attachment VIII -

Supplemental Support Documents of the maintenance plan revision. 

The quantities of NOx and VOC reductions creditable to the City of Memphis' liM program were 

detennined using the most current EPA approved on-road emission model. MOVES20 I Ob, and 

inputs developed by the current travel demand model (TOM) used by the Memphis Area 

Metropolitan Planning Organization (MPO). These figures match those provided by the contractor 

for the MPO to conduct this modeling and are the most current available. Aller consultation with 

air quality and conformity partners on the MPO (as documented in Attachment II -

Intergovernmenta l Consultation), 2013 was chosen as the year for analysis of the affected change in 

emissions. While liM testing ended in mid-20 13, the air quality benefits associated with the 

program extends for the remainder of the 2013 ozone season as inspecti on and maintenance had 

occurred for all vehicles with effectiveness dropping off at a rate of approximately one twelfth 

(8.33%) per month or 25% by the end of September. Historically elevated levels of ozone after 

October I 51 are rare. 

20 13 inputs for the MOVES20 I Ob model were developed by interpolating TOM results for 20 II 

and 2015 in order to achieve 20 13 emission reductions attributable to the Memphis 1/M program. 

The results of this interpolation are provided in Table I below: 

TABLE I 

2013 Inspection and Maintenance Program Comparison* 

No 1/M With 1/M Change 

tons/day tons/day tons/day % 

voc 13.609 13.257 0.352 2.66% 

NOx 29.652 29.652 - 0.00% 

* As calculated by the SCHD-PCS (see MOVES2010b Input Ftles m Attachment Ill). Calculatton 

does not include evaporative emissions from refueling which is included in the area source emissions 

category. 

At 0.352 tons of VOC and 0.000 tons of NOx emissions per ozone season day, the actual emissions 

increase that must be ofTset is 128.48 tons per year (tpy) (0.352 tons per day times 365 days per 

year) of VOC and no reductions in NOx. 

3 
5. Emission Reduction Requirements 

Creditable emissions reductions for use as off-sets during nonattainment must be quantifiable, 

enforceable, and permanent. Additionally, to the extent possible, they should be contemporaneous 

with the loss of the air quality benefits of the 1/ M program so as not to negatively affect local air 

quality in the short term. Further, reductions cannot be those that are otherwise required due to 

existing or new federal control requirements, or from the implementation of controls required from 

enforcement actions or prior SIP requirements. 

Due to Shelby County currently being classified as margina l non-attainment of the newer 2008 0 3 

NAAQS, any past reductions that meet the criteria of being available for an emissions credit bank 

that can be used for industrial permitting off-sets, should be viewed as contemporaneous if those 

emissions are removed from the emissions bank and are therefore no longer available for industrial 

off-sets. Since the area is classified as marginal nonat1ainment, the off-set requirements are 1.1 to I 

(CAA Section 182). This means banked credits available must be divided by 1.1 to determine the 

amount available from this source for off-set credit. 

6. Emission Reductions 

The Shelby County Hea lth Department, Pollution Control Section (Department), has identified 

reductions from the 20 II closure of Cleo Inc. (source number 0 153) as banked emissions available 

for industrial permit1ing off-sets. The company ceased operation partway through CY 20 II and 

surrendered their Title V major source air pollution permit, making the reductions permanent and 

enforceable (see Attachment V). Cleo Inc. reported and paid air pollution fees on actual VOC 

emissions of 239.1 tons in 2009 and 254.5 tons in 20 I 0. Since the DV used to designate the area 

nonattainment was based on 2009-20 II data, these stationary source emissions contributed to that 

DV and therefore are ava ilable as off-set credits. Dividing the average of the last two full years of 

operation by 1. 1, results in 224.4 tons that are available to be used as ofT-sets. During the same 

operational period, Cleo averaged 1.09 tpy of NOx emissions, which have also been removed from 

the current local emissions inventory. 

7. Regulatory Analysis 

Carbon Monoxide (CO) and Ozone (03) 

This proposal satisfies both the requirements of Section II 0(1) and Section 193 of the Clean Air 

Act (CAA). Section 193 reads as follows: 

Each regulation, standard, rule, notice, order and guidance promulgated or issued by 

the Administrator under this chapter, as in effect before November 15, 1990, shall 

remain in effect according to its terms, except to the extent otherwise provided under 

this chapter, inconsistent with any provision of this chapter, or revised by the 

Administrator. No contro l requirement in efTect, or required to be adopted by an order, 

settlement agreement, or plan in effect before November 15, 1990, in any area which 

is a nonattainment area for any air pollutant may be modified after November 15, 

1990, in any manner unless the modification insures equivalent or greater emission 

reductions of such air pollutant. 

4 
This prov1s1on requires EPA to call for ·'equivalent or greater reductions" before it can allow 

termination of the 1/M program, but it only applies to a pollutant for which the area is currently nonattainment. Hence, there is a need to compensate with appropriate emissions ofT-sets any increases 

in NOx and VOCs as precursors to ozone. 

There is no requirement for equivalent reductions for CO because the Memphis area is now 

designated attainment for CO and is under its second ten-year maintenance plan. This approved 

maintenance plan includes a 480.69 tons per day (tpd) safety margin. It has been previously 

demonstrated that the continuation of the 1/M program is not necessary to prevent interference with 

maintenance of the CO standard. See 71 FR, pp. 62384-62388, October 25, 2006 which is included 

in Attachment I. This demonstration and the safety margin provided in the second ten-year 

maintenance plan meet the mandate of Section I I 0(1) of the CAA which states in part: 

... The Administrator shall not approve a revision of a plan if the revision would 

interfere with any applicable requirement concerning attainment and reasonable 

further progress (as defined in section 171 ). or any other applicable requirement of 

this Act. 

This revision of the 0 3 Maintenance Plan will not interfere with continued atta inment of the CO 

NAAQS. 

Similar to the CO discussion above, the 0 3 Maintenance Plan is an applicable requirement that ca lls 

for the operation of an 1/M program. This action modifies that plan and provides greater 

contemporaneous emission reductions than those achieved by the 1/M program. 

The method selected to demonstrate ofT-setting emissions and request a revision to the 0 3 

Maintenance Plan is not without precedent. EPA has taken action to allow tennination of 1/M 

obligations for Louisville, Kentucky in 2005 (70 fR, p. 28429, May 18, 2005 (see Attachment 1), 

and its approval of a revision to amend the Wisconsin SIP to change the 1/M program in the 

Milwaukee area (78 FR, p. 24373, September 19, 20 13 (see Attachment 1)). Moreover, it is 

consistent with the approach proposed by the Illinois EPA to reduce the scope of vehicle coverage 

of the 1/M programs in the Chicago and East St. Louis areas. This request in volved dropping older 

vehicles that are not equipped with On-board Diagnostic (OBD) computer ports from the vehicles 

required to undergo emissions inspection (78 FR, p. 68378, November 14. 20 13 (see Attachment 

I)). 

Critical to the Louisville and Wisconsin revisions was the reliance upon stationary source emission 

reductions, and similarly, the proposal in Illinois is reliant on the shutdown of stationary sources as 

the source of "equiva lent or greater reductions" for lost emissions reduction benefits from operation 

of the 1/M programs. Likewise, the Memphis proposal rei ies upon use of a portion of the emission 

credits resulting from the shutdown of the Cleo Inc. plant in 20 II. 

Nitrogen Dioxide (N02) 

In 2010, EPA established a new 1-hour N02 NAAQ of 100 parts per billion (ppb) and retained the 

existing annual N02 NAAQS of 53 ppb. The Memphis area is in at1ainrnent of this standard and is 

5 
expected to maintain that status. N0 2 is a subset of NOx, and as shown in the modeling and 

discussed above regarding the 03 NAAQS, the elimination of the tailpipe-only 1/M program results 

in no increase in on-road NOx emissions. Therefore, approval of this Plan amendment will not 

interfere with the area's ability to attain or maintain the N02 NAAQS. 

Lead (Pb) 

In 2008, EPA strengthened the Pb NAAQS to 0.15 J.lg/m3 , rolling 3-month average. The Memphis 

area is in attainment of this standard and is expected to maintai n that status. Pb was phased out of 

on-road motor fuel over 20 years ago, so that component of mobi le sources has no contribution to 

Pb emissions. Therefore, approval of this Plan amendment will not interfere with the area's ability 

to attain or maintai n the Pb NAAQS. 

Sulfur Dioxide (S0 2) 

In 20 I 0, EPA established a new 1-hour S02 NAAQS of 75 ppb and revoked the 24-hour and 

annua l standards. The Memphis area is in attainment of this standard and is expected to maintain 

that status. S02 is emitted from motor vehicles, but the amount emitted is a function of the sulfur 

content of the fuel being combusted. The 1/M program did not address fuel composition. In fact, 

recent changes in the federal requirements for the sulfur content of on-road gasoline and on-road 

diese l fuel has resulted in a dramatic decrease in S02 emissions attributable to on-road sources. 

Therefore, approval of this Plan amendment not interfere with the area's ability to attain or 

maintain the S02 NAAQS. 

Pa rticulate Matter (PM) 

Shelby County is in attainment of all current PM standards based upon 20 I 0-2012 air quality data. 

Local annual and daily design values of I 0.88 micrograms per cubic meter (J.l/m3

) and 20.47 J.l/m3

, 

respectively, are well within the new fine particulate matter (PM25) NAAQS of 12 J.1lm3 (annual) 

and 35 Jll m3 (daily). Also, local monitoring has shown a steady decrease in PM concentrations over 

many years. Ongoing stationary source and mobile source changes are ex pected to continue that 

trend. The ta ilpipe liM program only tested for excess CO and hydrocarbons (VOCs) from gasoline 

powered motor vehicles. Studies have shown that YOCs can be a precursor to PM in certain 

chemical and meteorological circumstances. This revision to the maintenance plan offers a 1. 1 to I 

reduction of YOCs in the local airshed which should off-set any increase in PM concentrations 

from the program's closure. 

8. Intergovernmental Consultation 

Crucial to the process to assure continuity and consistency between agencies throughout Shelby 

County. the State of Tennessee. and Region 4, is the intergovemmental consultation process 

required by 40 CFR 51, Subpart M. Information related to interagency contact and discussion can 

be found in Attachment II. This information validates the cooperation that has been achieved 

between the parties that have worked together through this revision process. The help and 

cooperation received has been needed and is much appreciated. 

6 
II. REGULATORY PORTION 

These sections replace the 2010 Maintenance Plan approved effective February 3, 2010. 

9. Revised Maintenance Plan 

In accordance with the 1990 Clean Air Act Amendments, Section I 07(d)(3)(e) and Section 175A. 

the following sections, including revisions to those sections necessary to adjust for increases in NOx 

and VOC emissions from closure of the City of Memphis Inspection and Maintenance Program, 

demonstrate maintenance of the 1997 8-hour NAAQS throughout the maintenance period. This 

maintenance plan, critical in preventing the deterioration of an area's air quality, sets forth measures 

to be carried out until November 30, 202 1. During these years, the plan contains commitments to 

continue existing programs and to implement programs and measures depending upon emission 

inventory and air quality monitoring results. These provisions of the plan assure both an on-going 

effort to maintain the NAAQS and the opportunity and obligation to implement new programs and 

measures in the event unforeseen developments overwhelm the effectiveness of the mandated effort 

to maintain the 1997 8-hour· ozone AAQS. 

A. Projections - With this revision, Shelby County area and non-road sources of emissions for 

202 1 remain the same as those provided in the 20 I 0 0 3 Maintenance Plan approved by the EPA (75 

FR, January 4, 20 I 0 (see Attachment 1)). However, point and on-road source emissions have 

changed. On-road emissions for 2006 and 202 1 were remodeled utilizing MOVES20 I Ob, which 

replaced and updated estimates from the previous model. MOBILE6.2 used for this purpose. Point 

source emissions for 2006 remain the same. 202 1 point source emissions for VOC's and for NOx 

have been adjusted from the 20 I 0 0 3 Maintenance Plan by subtracting the emissions that were 

credited to the closure of Cleo Inc. The actual emissions resulting from the closure, in the amount 

of 0.676 tpd VOC. are more than sufficient to account for the 0.387 tpd (0.352 tpd times 1.1) 

needed to ofT-set the VOC emissions increase resulting from the shutdown of the 11M Program, 

there being no change in NOx emissions from the shutdown. In keeping with the required 1.1 to I 

off-set ratio, the local emissions banked will be reduced by 0.352 multiplied by 1. 1 which yields 

0.387 tpd or 141 .3 tons per year (tpy). The emissions bank will therefore include the remaining 

VOC emissions that result from the shutdown of Cleo Inc. in the amount of 0.289 tpcl or I 05.5 tpy. 

Projections for on-road mobile, point, area, and non-road mobile sources are presented in Table II 

and were projected forward from the 2006 inventory to 2021 (taking into account the 20 13 1/M and 

Cleo Inc. changes). beyond the I 0-year interval required in Section 175(A) of the CAA. This 

maintenance demonstration projects the future emissions of VOC"s and ~ will remain below 

those of base year 2006. 

The Shelby County base year and future year emission inventory estimates are presented in Table II 

and in Figures I and 2. 

7 
TABLE II 

Summer Season Tons Per Day 

Volatile Organic Compounds Emission Inventory 

Type Year Area Non-Road On-Road' Point•• Total Baseline Inventory 

Basey ear 2006 37.531 22.698 23.986 13.665 97.880 97.880 

Projection 2021 47.039 19.734 8.558 17.715 93.046 97.880 

Nitrogen Oxides Emission Inventory 

Baseyear 2006 2.101 26.657 58.013 14.458 101.229 101.229 

Projection 2021 2.695 21.607 16.035 18.373 58.710 101.229 

Note: to resolve double countmg, the pomt source emiSSIOn estimates for GraphiC Arts and Oegreas1ng 

were subtracted from the area source emissions estimates. To accomplish this task, both the SIC and the 

sec codes of the categories believed to be involved were located and the related emissions were then 

used. 

• 2006 On-Road emissions include the effect of I&M reductions on City of Memphis vehicles. As a result of 

the cessation of the I&M program by the City of Memphis in 2013, I&M reductions can no longer be included 

in 2021 projections. Estimates are made utilizing MOVES2010b. 

•• Cleo Inc. terminated their operating permit in 2011 . 2009 and 2010 actual emissions of VOC amounted 

to 239.1 and 254.5 tons per year (tpy) as certified by the source for each of those years. These figures. 

averaged and divided by 365 results in 0.676 tpd which is subtracted from the 2010 0 3 Maintenance 2021 

projection of 18.391 tpd yielding the point source emissions of 17.715 tpd for 2021 . 

I~ 

100 

~ 80 0 

~ 

.. 

Q. eo .., 

c: 

0 

1- 0 

~'() 

0 

Fi ure 1 

Shelby Counly VOC Emissions -Summer 

Year 

8 

r

- tv ... 

-.-th;r "'01.l 

...... ,._,1. \.1' 

-c..-~ .. , .... 

- ltJII 

--FIH""'U'-
Fi ure 2 

Shelby County NOx Eml$$lons • Summer 

Year 

[

- At .. 

--N on-Ro od 

• • On·Ro ad 

~,_. oint 

----- To tal 

- Bac.el.,• 

B. Motor Vehicle Emissions Budgets- The transpottation conformity rule found in 40 CFR 

Part 93 requires spec ific emission budgets be defined for the on-road mobile sources portion of the 

Shelby County emission inventory. These budgets are used by transportation authorities to assure 

that transpottation plans, programs, and projects are consistent with. and conform to, the 

maintenance of acceptable air quality in Shelby County. Section 93. 118(b) states in part: 

Consistency with the motor vehicle emissions budget(s) must be demonstrated for 

each year for which the applicable (and/or submitted) implementation plan 

specifically establishes motor vehicle emissions budget(s), for the attainment year (if 

it is within the timeframe of the transportation plan), for the last year of the 

transportation plan's forecast period, and for any intermediate years as necessary so 

that the years for which consistency is demonstrated are no more than ten years apart 

These projections for on-road mobile, point, area, and non-road mobile sources are presented in 

Table II and were projected forward from the 2006 inventory to 202 1 (taking into account the 2013 

1/M and Cleo Inc. changes), beyond the I 0-year interva l required in Section 175(A) of the CAA. 

This maintenance demonstration projects the future emissions of VOC's and NOx will remain 

below those of base year 2006. 

In accordance with Section 93. 118, this maintenance plan sets motor vehicle emission budgets 

(MVEB) for Shelby County, based on a 2006 attainment base year inventory with 202 1 as the final 

year of the plan. With this revision of the maintenance plan, 202 1 point and on-road sources of 

emissions have changed but area and non-road source categories remain the same as those provided 

in the 20 I 0 0 3 Maintenance Plan approved by the EPA (75 Federal Register, January 4, 20 I 0 (see 

Allachment 1)). On-road emissions for 2006 and 202 1 were remodeled utilizing MOVES20 I Ob 

which replaced and updated estimates from the previous model, MOBILE6.2. Point source 

emissions for 2006 remain the same. 2021 point source emissions for VOC's and for NOx have 

been adjusted from the 20 I 0 0 3 Maintenance Plan by subtracting emissions credited to the closure 

of Cleo Inc. in 201 3, and then ratioed to assure total off-set of the increase in emissions resulting 

from the shutdown of the City of Memphis liM Program. Table Il l depicts the inventory analysis 

used to set the MYEBs. 

9 
TABLE Ill 

Summer Season Tons Per Day 

Volatile Organic Compounds Motor Vehicle Emission Budget (MVEB) 

Percent 

Offsots Allocatl Motor on of Type Year Area Non· On· Point from Total Baseline Safety Safety Vehicle MVEB Inventory Road Road Cleo Inc. Margin Margin Safety 

1.1 : 1 

to Margin 

MVEB 

Baseyoar 2006 37.631 22.698 23.986 13.665 N/A 97.880 97.880 N/A N/A N/A 23.986 

Pro!ectlon 2021 47.039 19.734 8.568 17.715 0.387 93.433 97.880 4 .447 0.96 4 .224 12.782 

Nitrogen Oxides Motor Vehicle Emission Budget (MVEB) 

Basevoar 2006 2.101 26.657 68.013 14.468 101.229 101.229 NIA NIA NIA 58.013 

Projectlon 2021 2.695 21 .607 16.035 18.373 68.710 101.229 42.619 0.95 40.393 56.428 

Note: to resolve double countmg, the po1nt source em1ss1on estimates for Graphic Arts and Degreas1ng were subtracted from the 

area source emissions estimates. To accomplish this task. both the SIC and the SCC codes of the categories believed to be 

involved were located and the related emissions were then used. 

• 2006 On-Road emissions include the effect of I&M reductions on City of Memphis vehicles. As a result of the cessation of the 

I&M program by the City of Memphis in 2013, I&M reductions can no longer be included in 2021 projections. Estimates are made 

utilizing MOVES2010b. 

•• Cleo Inc. terminated their operating permit in 2011 . 2009 and 2010 actual emissions of VOC amounted to 239.1 and 254.5 tons 

per year (tpy) as certified by the source for each of those years. These ligures, averaged and divided by 365. results in 0.676 tpd 

which is subtracted from the 2010 03 Maintenance 2021 projection of 18.391 tpd. yielding the point source emissions of 17.715 tpd 

for 2021 . On·road emissions increased as a result of the shutdown of the City of Memphis liM program by 0.352 tpd. Emission 

reductions from the closure of Cleo Inc. amounted to 0.676 tpd. Of this amount 0.387 tpd (0.352 tpd times 1.1) were used to offset 

the on·road emission Increase. 

The MVEBs for VOC's and NOx are restated as shown in Table IV to better clarify their values and 

are depicted in Figures 3 and 4 to further improve this clarity. 

TABLE IV 

Year Pollutants MVEB (tons/day) 

2006 VOC 23.986 

NOX 58.0 13 

202 1 voc 12.782 

NOX 56.428 

Fi urc 3 

Shelby County VOC On·Road Emission Bud got 

120 

t OO 

>- eo .. 

0 

-

_ .... 

... . I 

~ CL tiO 

.. 

c 

~ 40 

20 :- ~ 

0 -2021 Year 

10 
Fi urc 4 

Shelby County NOx On-Ro:1d Emission Budget 

140 

120 

100 

......, 

l

--1<1• 

_,,.,., ... ,., - e,J.,.t 

>-"' 0 

~ 80 .. 

Q. 

VI 60 c: 

0 

~ 

4 0 

20 

0 

2006 2021 

Ye ar 

The MVEB reflects the total on-road mobile source emissions for 2021 plus an allocation from 

ava ilable YOC and NO'( safety margins. The allocation from the safety margins is available because 

of reductions of YOC and NOx that have occurred, and are projected to occur, primarily from 

mobile sources. YOC and NOx reductions are anticipated from the non-road mobile source category 

but are expected to increase in the point source category due to future economic factors. The point 

source emissions increase shown in Table Ill docs not take into account reductions from known 

point source closures with the exception of Cleo Inc. YOC reductions from area sources are also 

anticipated to occur due to control techniques instituted on a federal level on industrial 

manufacturing activities. However, future population increases act to balance area source 

reductions such that there is a net increase in YOC emissions in this category. The MVEB is 

constrained to assure that the total emissions from all source categories do not exceed the 2006 

attainment year emissions. 

Under 40 CFR 93. 10 I, the safety margin is the difference between the attainment level and the 

projected level, from all sources, of emissions in the maintenance plan. The attainment level of 

emissions is the level of emissions during one of the years in which Shelby County met the 1997 8-

hour ozone NAAQS. The safety margin, in whole or in part, can be allocated to the transportation 

sector as long as total emissions from all categories remain below the attainment level. Ninety-five 

percent (95%) of the safety margin emissions are allocated to the MVEB. Specifically, 4.224 tpd of 

the available VOC safety margin and 40.393 tpd of the available NOx safety margin, are allocated 

to the 202 1 MVEB. The remaining safety margin in 2021 for YOC is 0.223 tpd and for NOx is 

2. 126 tpd. The MYEB is consistent with the plan for maintaining total emissions from all source 

categories at or below the 2006 YOC and NOx emission levels through 202 1. For future year 

conformity determinations, transportation authorities should rely on the MVEB unless plan 

revisions occur. 

C. Air Quality Monitoring Network - The ex1stmg Shelby County ozone air quality 

monitoring network will continue to be operated in its present configuration. Any change to the 

present configuration will be in accordance with the Memorandum of Agreement (MOA) finalized 

on June 20, 2008 between the Shelby County Government, Arkansas Department of Environmental 

II 
Quality (ADEQ) and the Mississippi Department of Environmental Quality (MDEQ). This MOA is 

in accordance with 40 CPR 58 Appendix D, Section 2(e), and is located in Attachment VI along 

with a 20 14 map showing ozone monitor locations in the Memphis MSA. In addition, any changes 

in the air monitoring network will be discussed with EPA prior to the change. 

0. Triennial Emission Inventory - In order to track the progress of the maintenance plan, a 

triennial emission inventory of actual emissions for Shelby County will be performed using the 

latest emission factors, models and methodologies to include area, non-road mobile, on-road mobile 

and point sources of VOC and NOx. The first year for inclusion as an inventory year considering the 

date of this revision to the 20 I 0 0 3 Maintenance Plan is 2014. Successive inventory years will be 

2017 (which is also a transportation emission budget year that coincides with the Shelby County 

Revised CO Maintenance Plan) and 2020. 

E. Stationary Source Control - Sources wishing to locate in Memphis will continue to 

undergo new source review requirements. Existing stationary source control will continue. 

Companies will continue to be sought for the purpose of voluntarily reducing VOC and/or NOx 

emissions where possible. Implementation of new federal control measures, as expected and where 

and when appropriate, will continue to be required. 

The NOx SIP Call indicated that Tennessee's 8-hour ozone nonattainment areas received significant 

contributions from severa l upwind states. The Department believes that additional NOx emission 

reductions to comply with the NOx SIP ca ll will contribute to continued compliance with the Ozone 

NAAQS in the area. 

The Clean Air Interstate Rule (CAIR) updates and expands the NOx Budget Trading Program 

required by the NOx SIP call and continues to require additional NOx reductions that began in 2009. 

The CAIR also includes reduction requirements in states not previously included in the NOx SIP 

call that could have a positive impact on ozone air quality in the Memphis area. These include, 

Mississippi, Arkansas, Louisiana, and Missouri. The significant additional NOx reductions required 

by CAIR are expected to aid in the maintenance of the 8-hour ozone NAAQS in this area. 

F. Voluntary Measures 

The Department. as well as other entities in the County and the State. continues to research and 

implement voluntary measures that have a positive effect on local air quality. Some of the agencies 

involved in this effort include: The Shelby County Health Department Pollution Control Section. 

the Memphis Area Transit Authority (MATA), Memphis Light Gas and Water (MLGW), the 

Metropolitan Planning Organization (MPO). the Shelby Farms Park Conservancy, and the 

Memphis and Shelby County Division of Planning and Development which includes the Memphis 

and Shelby County Office of Sustainability. 

l. Energy Reduction: 

There are many individual energy reduction projects that have recently occurred in the 

nonattainment area. Many of these have come about due to political leadership encouraging such 

projects through several initiatives. 

12 
As one example, the Green Building Task Force reviewed the Existing Building Code, among other 

such materials, recommending revisions that would lead to Memphis and Shelby County becoming 

a regional leader for green buildings, sustainable development, and adaptive reuse of existing 

buildings in the jurisdiction. The task force and consultant submitted their final recommendations 

in June 2012. For the end result, energy efficiency codes will be proposed before the legislative 

bodies. Once adopted it is estimated these codes could reduce utility consumption by at least 

933,790 kilowatt-hours (kWh) on an annual basis. 

The Clean and Green Initiative (www.memphiscleanandgreen.com) is a 5 year strategy for 

developing renewable energy at municipal facil ities. Led by Memphis Bioworks Foundation, in 

conjunction with Siemens Industry, Inc., Building Technologies Division, the specific activities 

associated with the Clean & Green Initiative include: energy conservation and reduction in 

municipal buildings and facilities, including streetlights; energy generation. including solar or other 

technologies; conversion of vehicles to compressed natural gas (CNG); public safety efforts. 

including street lighting; trash recycling and redeployment of materials; biomass conversion to 

energy, liquid fuels and chemicals; waste remediation and environmental clean-up; and waste and 

water management systems that preserve energy, improve the environment and increase the value 

of City services. 

In The Mayors' Energy Challenge, City of Memphis Mayor A C Wharton, .Jr. and Shelby County 

Mayor Mark H. Luttrell, Jr. have partnered with Pathway Lending, a non-profit commercial lender 

in Tennessee, as well as the State of Tennessee, MLGW, and the Tennessee Valley Authority to 

present the Challenge to business owners and residents in Memphis and Shelby County. This 

public-private partnership is designed to provide the necessary tools and resources to moti vate 

individuals in the community to make their homes and businesses more energy efficient. This 

provides a threefold return to the community: individuals will be able to save money; contractors 

will have more business opportunities; and there will be less carbon emitted in the community. 

Examples of some of the projects inspired by these and other initiatives include: 

r Visitor's Center at Shelby Farms. This building underwent an energy conservation based 

renovation in 20 12. A new HV AC system, window tinting and UV-Iamp to clean the HV AC 

coils were all installed. A 20% reduction in the energy use is anticipated from these 

renovations. 

r Trustee's Building at 157 Poplar Ave. This building was refurbished last year. This work 

included the installation of a new more energy efficient HV AC system and other energy 

conservation upgrades. 

,.. Sears Crosstown Susta inability Improvements. The historic Sears Crosstown building is being 

preserved and redeveloped as a mixed-use vertical urban village in Midtown Memphis. Eight 

Founding Partners have committed to inhabit nearly 600,000 square feet of the historic 

building. The project seeks to use $2.0 1 million in Qualified Energy Conservation Bond 

proceeds to finance a number of sustainable design elements, including rainwater harvesting, 

green roofs, low-flow plumbing fixtures. high efficiency building systems, and light emitting 

diode (LED) lighting among other items. 

r 20 public electric vehicle (EV) charging stations in Shelby County as reported on the EV 

website: http://w\vw.blinknetwork.com/blinkMap.html 

13 
)... Solar Energy Generation Installations: 

• Agricenter Solar Fann is a 998.4 kilowatt (kW) farm producing 1,600,000 kWh 

annually 

• Bioworks solar panels on their parking garage: a 750 kW a1ny 

• All Better Pediatrics: a 28 kW array 

• Memphis Pediatrics Gennantown: a 50 kW array 

• St. Agnes-St. Dominic School: 17.4 kW an·ay 

• Brother Industries: two 59.8 kWh solar farms. Additionally. in 20 12, Brother installed a 

High Efficiency Air Compressor to replace an inefficient unit installed in 1998. The 

new compressor consumes 171 ,000 less k W per year due to the compressor using a 

variable drive system. 

2. Land Usc Planning: 

The Memphis and Shelby County Office of Sustainability has been charged with the 

implementation and oversight of the Sustainable Shelby Implementation Plan developed from 

extensive community input in 2008. The Office is local government's leading advocate and 

resource for sustainability and coordinates various regional initiatives. One such initiative is the 

ongoing updating of the recently adopted Unified Development Code (UDC) designed to reduce 

sprawl, encourage renewed urban development, and make communities more people focused. 

Through this office, Shelby County Government received a $2.6 million grant that is being used to 

establish a "greenprint" plan. This plan will establish a unified vision for a region-wide network of 

greenspace areas including parks, greenways, byways, blueways, conservation lands, natural areas, 

wildlife management areas, open space areas, and other similar spaces. A consortium of greenway 

organizations, related businesses and local and state governments is leading the planning efTort. 

In addition to the new UDC and the Regional Greenprint plan currently being developed. the City 

of Memphis recently adopted a Complete Streets policy that will complement the other two. This 

helps to ensure that future development and redevelopment will focus on providing accommodation 

to all users of transportation and public spaces. 

3. Transportation: 

The Tennessee Department of Transportation (TOOT) has been aggressively working on an 

Intelligent Transpo1tation System in Shelby County. In 2007, the system was made fully functional 

with the completion of the local control center. Besides assisting in managing flow on local 

expressways and improving incident response times, which greatly reduce congestion and 

associated pollution, the message boards are used to alert citizens to unhealthy air quality forecasts 

and encourage actions to avert such episodes. 

Shelby County is experiencing dramatic growth in greenway and bicycle trail planning and 

construction. The 6.5 mile Shelby Fanns Greenline has been a community-building success and it is 

to be extended seven miles east from the current eastern terminus at the centrally-located 4,500-acre 

Shelby Farms Park. Additionally, the Wolf Ri ver Greenway continues to be expanded with the 

future goal of having an off-road path from the Mississippi Ri ver to the eastern edge of the County. 

14 
The Main to Main Multi-Modal Connector Project (http://rna in2main.com) will inc lude major 

infrastructure repairs and improvements on DO\\ ntO\\ n tlemphis' Main treet from UptO\\ n to 

the llarahan Bridge and com ert the Harahan Bridge into a bike/pedestrian path. This project is 

made possible by $15 million in federal funds through the 1 ransportation In vestment Generating 

Economic Recovery Grant (TIGER IV). as \\ell as matching grants from state and local fund s 

and private funds. 

The Shelby County Trails Plan proposed possible alternative routes and enhanced connectivity from 

the Mississippi River Con·idor Trail to various points in the city. The southern route expansion will 

create a recognized access to jobs because it will directly connect neighborhoods to the business 

district and industrial complexes in Memphis within Shelby County. The goal is to create a Trails 

Plan that includes the expansion of the southern route which will provide an alternative 

transportation choice. 

After being identified as one of the most unfriend ly areas in the country for bicycles by Bicycling 

Magazine, local elected officials rallied to improve the area's position in the important 

transportation mode. The effort resulted in the magazine recognizing the area as the ' Most 

Improved' in its most recent evaluation. This has translated into increased public and private 

funding for new and innovative infrastructure projects that have received national and international 

recognition. These projects not only help provide safe alternative transportation choices. but also 

help address health and air quality concerns in the area. 

Shelby County Bike Infrastructure (miles} 

FY 2009 FY 201 0 FY 2011 FY 201 2 FY 201 3 

Sha red Use Path 15 22 25 26 31 

Shned Lanes 56 56 65 70 115 

Bike Lanes 2 8 31 48 74 

Mtn. Bike Trails 17 17 17 17 17 

Source: City of Memphis Division of Engineering, September 23, 2013 

l11is table notes the expansion of bicycle paths and infrastructure in Shelby County over the past live years. 

The Greater Memphis area has been the recipient of federal Congestion Management/Air Quality 

(CMAQ) funding since the program was first adopted into national highway legislation. Various 

projects have been evaluated. approved by the MPO and either fu lly or partially implemented. The 

area is noted as being a leader in traffic signalization projects to reduce congestion. As part of the 

approval process, expected emissions reductions are developed. Again, while recognizing these 

reductions are not creditable, the ro le they play in helping the area to maintain progress toward 

acceptable ozone air qua lity is important. Below is a summary of those programs and their expected 

benefit in reducing emissions. 

15 
SUMMARY OF CMAQ PROJECTS AND PROJECTED EMISSIONS REDUCTIONS 

Cost co voc NO. 

Name of Project (Millions) Reduction Reduction Reduction 

(tpy) (tpy) (tpy) 

Shelby County Signal Project $2 1.1 3 72.580 6.076 6.540 

MAT A Hybrid Bus Purchase $2.4 0.03 1.9 7.7 

Coordinated Signal System I $1.07 5.28 0.45 0.60 

Coordinated Signal System 2 $ 1.77 40.26 3.42 4.56 

Coordinated Signal System 3 $2.72 40.26 3.42 4.56 

Houston Levee at Houston II ill Traffic Signal $0.12 1.65 0.14 0.19 

Covington Pike Signal System $0.90 4.91 58.62 (-0.99) 

City of Memphis- 50-Mile Connections $1.70 0.70 0.53 5.95 

TOTAL $3 1.81 165.67 74.56 30. 1 

4. Health Department Initiatives: 

Recognizing that industrial regulation was no longer the only path to clean air. in 2007 Shelby 

County Government established the Air Quality Improvement Branch (AQIB) within the Pollution 

Control Section. AQIB staff has been tasked with identifying other projects and funding sources to 

support local clean air efforts. 

On Ozone Action Days, the cost of bus or trolley fare is subsidized from Health Department funds 

allowing the rider to pay just $0.25 to ride public transportation. There have been 36 actions days 

since their start in 2009 with an average estimated daily ridership increase for those days of 5% -

I 0%. Additionally, since implementation of the program, the Memphis Area Transit Authority 

(MA TA) reports that overall daily ridership has increased by 4%. See the table below for additional 

information. 

Calendar Year Ozone Action Total Riders on Action Average Daily Ridership 

Days Days On Action Days 

2009 3 12 1,548 40,5 16 

2010 4 I 09,429 27,357 

20 11 13 350,64 1 26,972 

2012 14 403,763 28,840 

2013 2 44,405 22,203 

The retrofitting of older diesel engines is a recognized cost-effective method of reducing emissions 

from mobile sources. The Department has been aggressively pursuing this initiative. To date. th is 

16 
program has resulted in the retrofitting of approximately 298 public school busses. 85 sanitation 

trucks and 80 public transit buses. These fleets were targeted because they are heavy diesel engine 

vehicles that regularly travel through heavily populated areas. 

The Department also manages a rideshare/vanpool program and supports it with a multi-faceted 

education and outreach program. The education and outreach initiatives include on-site visits to 

businesses, industry, events such as the local Earth Day celebration, and multi-media ads. Through 

this program, the Department was a founding planning member and participant in the now annual 

Tiger Blue Goes Green celebration on the campus of the University of Memphis. 

In 2007. the Department received a Community-Scale Air Toxics monitoring grant to help further 

research emissions from Barge traffic on the Mississippi River. The study was completed in late 

20 I 0. As the fourth largest inland port in the United States, it is believed that th is traffic could be a 

significant contributor to local air quality problems. EPA's Office of Air Quality Planning and 

Standards is using information gathered during that study to further research the test methods 

utilized during this innovative project. This local study identi fied potential problems of venting into 

the air of emissions from petro-chemical barges and resulted in the tank barge industry adopting a 

new 'Best Practices· guide for petro-chemical tank barge operators. 

The Dcpar1ment is currently developing and preparing to implement a new and inventive air toxics 

monitoring project across the County. This project will document actual public exposure to toxic air 

pol lutants across I 00 census tracts and may be used to identify suspect sources of that exposure. 

G. Contingency Provisions 

Section 175A of the Act requires a maintenance plan to include contingency provisions to promptly 

correct any violation of the NAAQS which occurs after redesignation of an area as an attainment 

area. In addition, in order for an area to take early action to address potential violations of the 

NAAQS before they occur, it is recommended that contingency provisions will be enacted when 

specified action levels indicate the need to do so. Shelby County is adopting a three-phase approach 

to addressing ozone related air quality problems in the area. Each phase will include increasingly 

aggressive provisions to be implemented in the event of specified indicators. 

Phase I is designed to respond immediately to potential ozone air quality problems and to assist the 

area in meeting the new 2008 8-hour ozone NAAQS. Whenever the Department forecasts ozone 

levels above the 2008 NAAQS, an air quality aler1 will be issued to the local media and other 

interested parties. On such an alert, the following actions will take place: 

• All open burning permits issued by the Department are suspended until the forecast shows 

improvement. During ozone season, holders of such permits are required to contact the office 

on a daily basis to determine if burning will be allowed. 

• Air quality alerts. which began in 2009, will continue to be posted on the Intelligent 

Transportation System boards located on the expressway system in Shelby County. encouraging 

motorists to take actions to reduce emissions. 

• The Memphis Area Transit Authority will oiTer greatly reduced fares on these days. The 

Department has received Congestion Mitigation and Air Quality funds, approved through the 

local MPO lo support this program which began in 2009. 

17 
• The Memphis area has a significant amount of installed standby electrical power generation 

capacity. The largest of these is a bank of standby combustion turbines operated by TV A's 

Allen Steam Plant. Beginning with the steam plant, then adopted as standard permitting practice 

by the Department in 2008, all such equipment is prohibited from operation strictly for 

maintenance or readiness testing on ozone air quality alert days. Stationary source inspections 

now include a review of the operating days of this type of equipment. 

Besides these provisions, the Department will continue to look into effective ozone alert day 

measures. and will continue an aggressive public education and outreach program which began in 

2009. The Department maintains a meteorologist on staff to produce local air quality forecasts. 

These forecasts have been recognized by the states of Tennessee, Arkansas and Mississippi, as the 

primary forecasts for the region, and they use them to conduct outreach to the counties surrounding 

Shelby County. The Depattment will continue to work with State and local agencies to encourage 

adoption of measures to reduce ozone formation at all times, but especially during air quality alerts. 

Phase 2 of the plan is designed to address potential future problems as a result of unanticipated 

increases in local emissions. This part of the plan will be implemented when the Departmentcertified triennial emissions inventory of VOCs or NOx (ozone season tons per day) exceeds the 

2006 base year attainment inventory by ten percent ( I 0%) or more, with at least one exceedance of 

the 1997 ozone NAAQS being recorded at any nonanainment area monitor, based on certified data, 

during the most recent monitoring season. On this occurrence, the Depattment will conduct an 

investigation into the possible causes to determine if they are attributable to reporting errors or a 

non-recurring anomaly in the local emission protile. The investigation will last no longer than three 

months when the results will be reported to the EPA and the Tennessee Air Pollution Control 

Division. 

If the investigation reveals the data are valid, further action is required. f-ollowing consultation with 

the Tennessee Air Pollution Control Division and the EPA, the Department will seek to expand 

voluntary programs and develop regulations for submission to affected local legislative bodies, 

and/or the Tennessee State Air Board, as appropriate, to address the causes of concern. Proof of 

adoption of such regulations will be submitted to the EPA within nine months after the end of the 

investigation. All regulatoty programs will be implemented within eighteen to twenty-four months. 

Such measures could include, but are not limited too: 

• Programs or incentives to decrease motor vehicle use; 

• Programs to require additional emissions reductions on stationary sources; 

• Restrictions of certain roads or lanes for, or construction of such roads or lanes for use by, 

passenger buses or high-occupancy vehicles 

• Employer-based transportation incentive plans; and, 

• Additional programs for new construction of paths for use by pedestrian or non-motorized 

vehicles when economica lly feasible and in the public interest. 

Phase 3 will be implemented when a monitored violation of the 1997 ozone NAAQS occurs in the 

nonattainment area. according to certified data, during the most recent monitoring season. Similar 

to Phase 2. on that occasion. the Department will conduct an investigation to detetmine if the cause 

of the violation can be attributed to errors or clearly identifiable exceptional events outside of local 

control. Prior to certification of the data. the Department will solicit the involvement of all State 

18 
agencies having jurisdiction in the surrounding area. The investigation will last no longer than three 

months when the results will be reported to the EPA and the Tennessee Air Pollution Control 

Division. 

If the investigation reveals the data are valid, further action is required. In addition to the provisions 

described in Phase 2, according to EPA guidance, provisions required to be implemented in such 

circumstances are certain measures initially required under the area's ·moderate' classification. 

Those provisions are: 

• Expansion and implementation of a Basic I&M program in Shelby County that meets the 

requirements of Section 182(a)(2)(B) of the CAA. 

• A Reasonably Available Control Technology (RACT) regulation for legacy major sources of 

NOx emissions in Shelby County. 

• Adoption of all industrial and commercial VOC controls as provided in final EPA-approved 

Control Technology Guidelines (CTGs) through the date of the recorded violation. 

Upon conclusion of the investigation, the Department wi ll prepare regulations for submission to 

affected local legislative bodies and/or the Tennessee State Air Board, as appropriate, to adopt these 

controls. The effective date of these controls will be within eighteen to twenty-four months from 

certifi cation of the monitored violation. 

10. Meet All Requirements Applicable To The Area Under Section 110 And 

Pa rt D Of The Clean Air Act 

Regulations for Memphis and Shelby County were originally approved by the EPA on May 31, 

1972 (37 FR I 0842 to I 0894) as an appendix to the Tennessee SIP. The SIP contained a section 

that recognized the Depa1tment as the agency with authority for the control of air poll ution in 

Shelby County and included a control strategy demonstration along with the Department's 

regulations. In 1978, the City of Memphis was designated nonattaimnent for carbon monoxide and 

Shelby County was designated nonattainment for ozone. Nonattainment plans, along with new 

control strategy demonstrations, were developed for Memphis and Shelby County. In 1980 and 

198 1 (45 FR, p. 8004, February 6, 1980; 45 FR, p. 53809, August 13, 1980; and 46 FR, p. 43970, 

September 2, 1981 (see Attachment 1), the EPA approved those plans. The Department revised the 

regulations in several administrative and substanti ve areas. The Oepa1t ment adopted certain 

portions of the State regulations, revised old regulations and recodified the air pollution control 

secti on of Memphis and Shelby County Codes accordingly. On July 7, 1986, the State of Tennessee 

submitted to the EPA Memphis and Shelby County regulations (Board Order 17-86) as a revision to 

the SIP. The EPA placed the regulations on hold until the federal ly approved SIP for Tennessee and 

Memphis could be compiled. The EPA compared the federally approved State regulations and the 

federally approved Memphis regulations to determine the approvability of the revised Memphis 

regulations. The EPA's direct final approval/disapproval of the 1986 submittal was formalized in 

the Federal Register (54 FR, p. 25456. June 15, 1989 (see Attachment I)) and became effecti ve on 

August 14, 1989. 

EPA concluded that the control strategy demonstration was adequate in protecting the National 

Ambient Air Quality Standards. Consequently, the EPA approved the local regulations as a transfer 

of enforcement authority rather than as a substantive revision to the SIP. The EPA used the 

following conditions and conclusions to arrive at the above procedure: 

19 
• The local regulations must be equal to the corresponding federally approved State regulation. 

• The local regulations cannot be treated as separable from the SIP. which the State submits and 

implements. but must be considered part of the SIP. 

• As Tennessee State law requires that a local regulation be equivalent to or not less stringent 

than the corresponding state regulation, the State of Tennessee must certify to the EPA that each 

regulation has been reviewed by the State and found to meet this requirement. 

• Tennessee must retain overall authority and responsibility for developing and implementing, 

including enforci ng, the SIP. 

Administrative materials and regulatory documents were submitted to the Tennessee Air Pollution 

Control Board on September 23, 2003 with a request that a submit1al be made to EPA in order to 

revise the SIP for Memphis and Shelby County, taking into account changes that have occurred in 

the Memphis and Shelby County Air Program since 1989. Information regarding this submittal is 

fo und in At1achment VII. 

The Tennessee Code Annotated, Section 68-201- 115 (see At1achment VIII, Supplemental Support 

Documents), requires geopolitical areas within Tennessee that desire to have their own air pollution 

control programs to adopt regulations as stringent as State of Tennessee regul ations. After review 

by and upon the recommendation of the Tennessee Air Pollution Control Division, the Tennessee 

Air Pollution Control Board issues a certificate granting this authority but subject to limitations as 

established by the Board. This authority continues to be granted to Shelby County and all included 

municipalities every two years, the most recent certificate hav ing been issued for the 2008-20 I 0 

period. Copies of these recent certificates are also found in Attachment VIII. 

Regulatory changes made by the State ofTennessee will be adopted by reference by the Department 

when and where applicable, prior to the granting of authority by the Tennessee Air Poll ution 

Control Board to the Department, as provided by the Tennessee Code Annotated and the Certificate 

of Exemption process. Where such authority is not transferred it remains with the State of 

Tennessee. 

11. Public Comment 

Public comment was sought concerning the maintenance plan revision during a comment period 

from January 31, 2014 to March 14, 20 14. Public hearings were held on March 4 and March 6, 

20 14. Comments were received concerning the revision to the 20 I 0 ozone maintenance plan. 

Comments and response to comments are contained in Attachment IX. A copy of the newspaper 

notice is also included. 

20