UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1445 ROSS AVENUE, SUITE 1200 DALLASTX 75202-2733


### DEC 9

- 2D11

The Honorable Mike Beebe Governor ofArkansas State Capitol, Suite 250 Little Rock, Arkansas 7220I

Dear GovernorBeebe:

Thank you for yourrecommendations dated March 10,2009, on airquality designations for the revised 2008 National Ambient Air Quality Standards for ozone throughout Arkansas. Iappreciate the information Arkansas shared with the U.S. Environmental Protection Agency (EPA) as we move forward to improve ozone airquality. This letteris to notify you ofthe EPA's preliminary response to recommendations from Arkansas and to inform you ofour approach for completing the designations for the revised ozone standards.

On March 12,2008, the EPA revised its national ambient airquality standards for ground-level ozone to provide increased protection ofpublic health and the environment. The EPA loweredthe primary 8-hour ozone standard from 0.08 parts permillion (ppm) to 0.075 ppm to protect against health etlects associated with ozone exposure, including a range ofserious respiratory illnesses and increased premature death from heart or lung disease. The EPA revised the secondary 8-hour ozone standard, making it identical to the primary standard, to protect against welfare effects, including impacts on sensitive vegetation and forested ecosystems. History shows us that betterhealth and cleanerair go hand-in-hand with economic growth. Working closely with the states and tribes, the EPA is implementing the standards using a common sense approach that improves air quality and minimizes the burden on state and local governments. As part ofthis routine process, the EPA is working with the states to identify areas in the country that meetthe standards and those that need to take steps to reduce ozone pollution. Within one year after a new orrevised airquality standard is established, the Clean AirAct requires the governor ofeach state to submit to the EPA a list of all areas in the state, withrecommendations for whether each area meets the standard. As a first step in implementing the 2008 ozone standards, the EPA asked states to submit their designation recommendations, including appropriate areaboundaries, by March 12,2009. In September2009, the EPA announced itwas reconsidering the 2008 ozone standards. The EPA latertook steps to delay the designation process for the 2008 ozone standards pending outcome ofthe reconsideration. However, in September20II, the Office ofManagement and Budgetreturned to the EPA the draft final rule addressing the reconsideration ofthe 2008 ozone standards. On September22, 2011, the EPArestarted the implementation effortby issuing a memorandum to clarify for state and local agencies the status ofthe 2008 ozone standards and to outlineplans for moving forward to implementthem. The EPA indicated that itwould proceed with initial area designations for the 2008 standards, and planned to use the recommendations states made in 2009 as updated by the most current, certified airquality datafrom 2008-2010. While the EPA did notrequestthat states submitupdated designation recommendations, the EPA providedthe opportunity for states to do so.

As required by the Clean AirAct, the EPA will designate an area as nonattainment ifit is violating the 2008 ozone standards orcontributing to aviolation ofthe standards in anearby area. Consistent with

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### designations for previous ozone standards, the EPA intends to designate an area as unclassiflablel attainment ifthere are certified, quality-assured air quality monitoring data showing the area is meeting the ozone standards orthere are no monitoring data forthe area, and the EPA has not made a determination that the area is contributing to aviolation in anearby area.
Afterconsidering the March 2009 ozone designation recommendations from Arkansas and otherrelevant technical information, including 2008-20I0 airquality data, the EPA intends to modify the state's recommended area designation and boundary for the Memphis area. Arkansas recommended that Crittenden County be designated nonattainment. At this phase ofthe process, in addition to Crittenden County, we intend to designate as nonattainment Shelby County, Tennessee, and the portion ofDeSoto County, Mississippi, that is included in the Memphis Urban Area Metropolitan Planning Organization (MPO) because ofthe emissions from these areas. The enclosed Technical Support Document provides a detailed analysis in support thereof. The EPA intends to designate all other areas ofthe state as unclassifiablelattainment.

The EPA will continue to work with state officials regarding the appropriate boundary for the Memphis
area. IfArkansas has additional information that you would like the EPA to consider, please submit it to
us by February 29,2012. The EPA will also make its preliminary designation decisions and supporting documentation available to the general public for review and comment. We will be announcing a 30-day public comment period shortly in the FederalRegister. 

### After considering additional information we receive, the EPA plans to promulgate final ozone designations in the spring of2012.

The EPA is committed to working with the states and tribes to share the responsibility ofreducing ozone air pollution. Currentand upcoming federal standards and safeguards, including pollution reduction rules for power plants, vehicles and fuels, will assure steady progress to reduce ozone-forming pollution and will protectpublic health in communities across the country. We look forward to a continued dialogue with you and your staffas we worktogetherto implementthe 2008 ozone standards. Should you have any questions, please do not hesitate to contactme (214) 665-2100, orhave your staffcontact Mr. Guy Donaldson ofmy staffat (214) 665-7242.

Enclosure

cc: Ms. TeresaMarks, Director Arkansas Department ofEnvironmental Quality

Ms. Trudy Fisher, Executive Director Mississippi Department ofEnvironmental Quality

Mr. Robert Martineau, Commissioner Tennessee Department ofthe Environment and Conservation