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STATE OF MISSISSIPPI
PHIL BRYANT

GoVERNOR MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY

TRUDY D. FISHER, EXECUTIVE DIRECTOR

Mr. Stan Meiberg Acting Regional Administrator. U.S. Environmental Protection Agency 61 Forsyth Street, S.W. Atlanta, Georgia 30303-3104

Dear Mr. Meiberg: May 31, 2013

Re: Transportation Conformity SIP for DeSoto County, Mississippi

Enclosed are copies of documents related to a State Implementation Plan for Transportation Conformity (Conformity SIP) for DeSoto County in Mississippi that was adopted by the Mississippi Commission on Environmental Quality on May 23,2013. We are transmitting, under separate cover, additional copies to R. Scott Davis of your agency

.
We certify that a 30-day public comment period and a public hearing were held to receive comments regarding the Conformity SIP. The public hearing was held on April 9, 2013, and no comments were received.

All of the participating agencies have signed the agreement with the exception ofEP A. We are requesting parallel processing of the Conformity SIP by EPA in order to expedite approval of the SIP into the federally approved State Implementation Plan.

If you have any questions or need further information, please contact me or Maya Rao of my staff at (601) 961-5242.

cc: Ms. Beverly Banister Director APTMD, EPA Region IV Very truly yours,

# ci~ Trudy Fisher Executive Director

• Enclosures

OFFICE OF POLLUTION CONTROL POST OFFICE BOX 2261 • JACKSON, MISSISSIPPI 39225-2261 • TEL: (601) 961-5171 • FAX: (601) 354-6612 • www.deq.state.ms.us
AN EQUAL OPPORTUNITY EMPLOYERMississippi Transportation Confor mity SIP for DeSoto County Adopted May 23, 2013 

### MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY
OFFICE OF POLLUTION CONTROL

STATE IMPLEMENTATION PLAN (SIP) REVISION
FOR PURPOSES OF

TRANSPORTATION CONFORMITY IN TH E OZONE NONATTAINMENT AREA OF DESOTO COUNTY, MISSISSIPPI

ADOPTED MAY 23, 2013Mississippi Transportation Confor mity SIP for DeSoto County Adopted May 23, 2013 

### TABLE OF CONTENTS

1.55 Introduction: State Implementation Plan (SIP) Revision for Purposes of Transportation Conformity in the Ozone Nonattainment Area of DeSoto County, Mississippi

1.56 Notification of Public H earing for the Transportation Conformity SIP Revision

3.25 Legal Authority for the Transpor tation Conformity SIP Revision

5.23 Control Strategy for the Transpor tation Conformity SIP Revision

6.27 Control Regulations for the Trans portation Conformity SIP Revision

14.1.22 Health Effects of the Transpor tation Conformity SIP Revision

14.3.22 Economic Effects of the Transpor tation Conformity SIP Revision

14.5.22 Social Effects of the Transpor tation Conformity SIP Revision

14.6.22 Air Quality Effects of the Trans portation Conformity SIP Revision

Appendix T Mississippi Transportation C onformity Memorandum of AgreementMississippi Transportation Confor mity SIP for DeSoto County Adopted May 23, 2013 

### 1.55 Introduction: State Implementation Plan (SIP ) Revision for Purposes of Transportation Conformity in the Nonattainment Area of DeSoto County, Mississippi.
The purpose of this Memorandum of Agreemen t (MOA) is to implement Section 176(c) of the Clean Air Act (CAA), as amended (42 United States Code (U.S.C.) 7401 et seq.), and regulations under 40 Code of Federal Re gulations (CFR) Part 93, Subpart A with respect to the conformity of transportati on plans, programs, and projects that are developed, funded, or approved by the United States Department of Transportation (USDOT), by the Memphis Urban Area Metropo litan Planning Organization (MPO), and by the Mississippi Transportation Commi ssion (MTC), acting by and through the Mississippi Department of Tr ansportation (MDOT), or othe r recipients of funds under title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53). This MOA sets forth policy, criteria, and procedures for demons trating and assuring conformity of such activities to applicable implementation plan s developed according to Part A, Section 110 and Part D of the CAA for the sections of th e federal rule it cove rs (i.e., 40 CFR 93.105, 93.122(a)(4)(ii), and 93.125(c)). All other criteria and proce dures for demonstrating and assuring conformity of transpor tation activities are found in the federal conformity rule at 40 CFR 93.
This is a MOA concerning the criteria, interagency consulta tion procedures, and enforceable commitments related to conform ity of transportation plans, programs, and projects in the partia l area of DeSoto County, Mississippi designated as non-attainment or maintenance for applicable National Ambien t Air Quality Standa rds (NAAQS), pursuant to the CAA as amended (42 U.S.C. 7401, et seq.).
The parties to this MOA are as follows: MDEQ; the MPO as described in Exhibit 1; MTC, acting by and through MDOT; FHWA; FTA; and EPA.

### 1.56 Notification of Public Comment Period for the Transportation Conformity SIP Revision.
Public participation for the above referen ced Conformity SIP wa s achieved by a public comment period that began on March 8, 2013 and 3 and ended on April 9, 2013. The public notice was published consistent with procedures approved by EPA.
The notice of public comment period wa s published on March 8, 2013, in daily newspapers in the cities of Jackson, and Hern ando in the State of Mississippi. The notice of public hearing, and the draft SIP , were ma de available for public review in the main branches of the public libraries in the abov e mentioned cities a nd at the Mississippi Department of Environmental Quality, 515 E. Amite St., Jackson, Mississippi, 39201 and was also made available on the Department ’s website http://www.deq.state.ms.us.
The public notice follows this page.MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY NOTICE OF PUBLIC HEARING PUBLIC NOTICE START DATE: March 8, 2013

DEADLINE FOR COMMENTS April 9, 2013 PLEASE TAKE NOTE that the Mississippi Commission on Environmental Quality (“Commission”) is considering adopting a State Implementation Plan fo r Transportation Conformity (Conformity SIP) for DeSoto County, Mississippi. I. Substance of the proposed action: On July 22, 2012, the United States Environm ental Protection Agency (EPA) designated a portion of DeSoto County, Mississippi to be included as a part of the Memphis, Tennessee Ozone Non-Attainment Area. Therefore, the Mississ ippi Department of Environmental Quality (MDEQ) is required by the Clean Air Act to submit a State Implementation Plan for Transportation Conformity (Conformity SIP) to EPA by July 22, 2013. Transportation conformity, for the purpose of air quality, means the determination that local and/or state transportation plans will not cause new air quality vi olations, worsen existing violations, or delay the timely attainment of the National Ambient Air Quality Standards. The Conformity SIP is a Memorandum of Agreement (MOA) specifying the cr iteria, interagency c onsultation procedures, and enforceable commitments related to the conf ormity of transportation plans and programs in the partial area of DeSoto County, Mississippi desi gnated as non-attainment. The parties to the MOA are: MDEQ; the Mississippi Transportation Commission; the Memphis Urban Area Metropolitan Planning Organization; the Federal Hi ghway Administration, Mississippi office; the Federal Transit Administration, Region 4; and EPA, Region IV. II. Manner By Which the Public May Comment. Copies of the proposed Conformity SIP may be obtained by calling Mr. Keith Head at 601-961- 5577 or writing to Mississippi Department of E nvironmental Quality, Air Division, P.O. Box 2261, Jackson, Mississippi 39201. For persons with internet access, the proposed Conformity SIP may be found on the Mississippi Department of Environmental Quality’s website at http://www.deq.state.ms.us under Programs/Air Qua lity/New Information. Also, the proposed Conformity SIP will be available for public review through April 9, 2013, in the main branch of the public library in Hernando, Mississippi. The pr oposed Conformity SIP may also be reviewed in the offices of the Mississippi Department of Environmental Quality, 515 E. Amite Street, Jackson, Mississippi. Please contact Ms. Joanne Rials at (601) 961-5171 to schedule an appointment. Members of the public may present verbal or wr itten comments at the public hearing described below. Also, written statements regarding the pro posed Conformity SIP will be made part of the public hearing record if delivered by 5:00 p.m., Tuesday, April 9, 2013, to the attention of Ms. Maya Rao at the address shown above. III. Notice of Public Hearing. A public hearing to receive comments regarding the proposed Conformity SIP will be held on Tuesday, April 9, 2013, at 6:00 p.m. in the Board of Supervisors Meeting Room, DeSoto County Administration Building, Third Floor, 365 Losher Street, Hernando, MS 38632.

IV. Additional Information. For additional information, please cont act Mr. Keith Head at 601-961-5577

### 3.25 Legal Authority for the Transpor tation Conformity SIP Revision
No legislative actions are needed concerning this SIP revision. The State of Mississippi Air & Water Pollution Control Law, Secti on 49-17-1 to 49-17-43, Mississippi Code of 1972, gives the Commission on Environmental Qu ality the necessary legal authority to adopt and implement this SIP revision. The State act (as of July 1, 2011) Mississippi Code Annotated, Section 49-17-13(3) design ates the Commission as the State air pollution control agency for all purposes of th e federal pollution control legislation and programs and take all actions necessary theret o. The state air pollution control law as of July 1, 2011, is included in Appendix A-9 of the Mississippi State Implementation Plan.

### 5.23 Control Strategy for the the Transp ortation Conformity SIP Revision
No control strategy is requi red for this SIP Revision.

### 6.27 Control Regulations for the Trans portation Conformity SIP Revision
No amendments to state regulations are required for this SIP revision.

### 14.1.22 Health Effects of the Transpor tation Conformity SIP Revision
No adverse health effects are expected to be caused by this SIP revision.

### 14.3.22 Economics Effects of the Transpor tation Conformity SIP Revision

No adverse economic effects due to this SIP revision are foreseen.

### 14.5.22 Social Effects of the Transpor tation Conformity SIP Revision

No adverse social effects are foreseen as a result of this SIP revision.

### 14.6.22 Air Quality Effects of the Trans portation Conformity SIP Revision

This SIP revision will not have any adverse air quality effects.

### MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF POLLUTION CONTROL

STATE IMPLEMENTATION PLAN REVISION

APPENDIX T

MISSISSIPPI TRANSPORTATION CONFORMITY MEMORANDUM OF AGREEMENT FOR THE OZONE NONATTAINMENT AREA OF DESOTO COUNTY, MISSISSIPI
Adopted May 23, 2013

# Transportation Conformity State Implementation Plan
for
The Ozone Non-Attainment Area of DeSoto County, Mississippi

Prepared b y
Mississippi Department of Environmental Quality Air Division Adopted May 23, 2013

### 2 

## Preface: This document contains the technical s upport for Mississippi’s Department of Environmental Quality – Air Division to submit to the United States Environmental Protection Agency (EPA) a transportation conformity State Implementation Plan pursuant to Section 176(c) of the Clean Air Act, as amended.

### 3 MISSISSIPPI TRANSPORTATION C O N F O R M I T Y MEMORANDUM OF A G R EE M E N T

Acronyms used in this document CAA Clean Air Act CFR Code of Federal Regulations EPA United States Environmental Protection Agency – Region 4 FHWA Federal Highway Administration Mississippi Division Office FTA Federal Transit Administration – Region 4 MDEQ Mississipp i Department of Environmental Quality MDOT Mississippi Department of Transportation MPO Memphis Urban Area Metropo litan Planning Organization MOA Memorandum of Agreement MTC Mississippi Transportation Commission NAAQS National Ambient Air Quality Standards NEPA National Environmental Policy Act USDOT United States Department of Transportation USC United States Code SIP State Implementation Plan STIP Statewide Transportation Improvement Programs TCM Transportation Control Measures TIP Transportation Improvement Program TP Transportation Plan

The purpose of this Memorandum of Agreement (MOA) is to implement Section 176(c) of the Clean Air Act (CAA), as amended (42 United States Code (U.S.C.) 7401 et seq.), and regulations under 40 Code of Federal Regulation s (CFR) Part 93, Subpart A with respect to the conformity of transportation plans, programs, and projects that are developed, funded, or approved by the United States Department of Transportation (USDOT), by the Memphis Urban Area Metropolitan Plan ning Organization (MPO), and by the Mississippi Transportation Commission (MTC), acting by and through the Mi ssissippi Department of Transportation (MDOT), or other recipients of funds under title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53). This MOA sets forth policy, criteria, and procedures for demonstrating and assuring conformity of such activities to applicable implementation plans developed according to Part A, Section 110 an d Part D of the CAA for the sect ions of the federal rule it covers (i.e., 40 CFR 93.105, 93.122(a)(4)(ii), and 93.125(c)). All other criteria and procedures for demonstrating and assuring conformity of transportation activities are found in the federal conformity rule at 40 CFR 93.

### 4 This is a MOA concerning the criteria, interagency consultation procedures, and enforceable commitments related to conformity of transportation plans, programs, and projects in the partial area of DeSoto County, Mississippi designated as non-attainment or maintenance for applicable National Ambient Air Quality Standards (NAAQS), pursuant to the CAA as amended (42 U.S.C. 7401, et seq.).

The parties to this MOA are as follows: MDEQ ; the MPO as described in Exhibit 1; MTC, acting by and through MDOT; FHWA; FTA; and EPA.

### 5 WHEREAS, the CAA, as amended (42 U.S.C. 7401, et seq.), requires the State of Mississippi to submit a revision to the Mississippi Air Quality Implementation Plan , also known as the State Implementation Plan (SIP), containing the interagency consultation procedures and enforceable commitments related to conformity of transportation plans, programs, and projects in areas designated as air quality non-attainment or maintenance in order to conform to the purpose of the SIP to meet national ambient air quality standards; and,
WHEREAS, the CAA as amended (42 U.S.C. 7401, et seq.) (specifically Sections 121, 174, and 176), 40 CFR, Part 93, Subpart A, Ti tle 23 U.S.C. 134, and 23 CFR Part 450 Subpart C, require intergovernmental consultation (1) before findings of conformity for the plans, programs and projects are made, and (2) for the development and submittal of applicable implementation plan revisions; and,
WHEREAS, the CAA, as amended (42 U.S.C. 7401, et seq.) in Section 110(a)(2)(A) and (E) require SIP revisions to be enforceable under state law, and “in order for EPA to approve the implementation plan revision submitted to EPA under this Subpart, the plan revisions must address and give full legal effect to the follo wing three requirements of Part 93, Subpart A: Sections 93.105, 93.122(a)(4)(ii) and 93.125(c)” and,
WHEREAS, the MPO is a federally mandated body de signated for each urbanized area to carry out a continuing, cooperative, and comprehensive mul timodal transportation planning process; and,
WHEREAS, the MDEQ has been designated pursu ant to Mississippi law and by the EPA as the state air quality planning agency and as the st ate administrator of the approved Air Quality Program for the State of Mississippi; and,
WHEREAS, t h e MTC has been designated as the state transportation planning agency under Mississippi law to carry out the statewide transportation planning process (required by Title 23 U.S.C. 135) and has the authority for planning, programming, and coordination of federal highway and transit investments; and,
WHEREAS, the FHWA and FTA are agencies of the USDOT and are responsible for making conformity determinations of transportation plans, transportation improvement plans, and transportation projects prepared in compliance with 23 U.S.C. and 49 U.S.C. respectively; and,
WHEREAS, the EPA is responsible for providi ng comment on conformity determinations and has the authority to find adequate and/or approve motor vehicle emissions budgets that are to be used to demonstrate conformity.

### 6 NOW, THEREFORE, it is hereby a g r ee d :

The Parties shall cooperatively support and impl ement the interagency consultation procedures contained herein in order to ensure that the pl ans, programs and projects adopted by the Parties conform to the purpose of the SIP to meet national ambient air quality standards for any applicable criteria pollutant.
It is further agreed and understood by each Party that:

1. The conformity of plans, programs, and projects funded under Title 23 U.S.C. and the Federal Transit Act shall be determined pursuant to the CAA, as amended (42 U.S.C. 7401, et seq.); and as provided in 40 CFR Part 93 Subpart A, as amended; and pursuant to the “Mississippi Criteria and Interagency Consultation Procedures for the Determination of the Conformity of Transportation Plans, Programs, and Projects”, a copy of which is attached as Exhibit 2.

2. This MOA including Exhibit 1 and Exhibit 2 wi ll constitute a revision to the Mississippi SIP required by Section 176(c) of the CAA, as amended (42 U.S.C. 7401, et seq.), and will govern interagency consultation requirements for transportation conformity determinations in the State of Mississippi.

3. This MOA addresses and gives full legal ef fect to the following three requirements of the Federal Transportation Conformity Rule, 40 CFR Part 93, Subpart A:

a. 40 CFR 93.105, which addresses consultation procedures; b. 40 CFR 93.122 (a)(4)(ii), which stipulates that written commitments to control measures that are not included in the transportation plan and Transportation Improvement Program (TIP) must be obtained prior to a conformity determination and that such commitments must be fulfilled; and

c. 40 CFR 93.125(c), which stipulates that written commitments to mitigation measures must be obtained prior to a positive conformity determination and that project sponsors must comply with such commitments.

4. Execution of this MOA by each Party shall be by signature of each Party’s representative.

5. The provisions of this MOA shall be implemented through appropriate procedures, resolutions, or other means, in order to comply with the requirements of all Federal and State laws and regulations relating to the determination of conformity and the development of applicable implementation plan revisions. This MOA defines and delineates the roles, processes, and responsibilities of each signatory as provided in Exhibit 1 and Exhibit 2 made part of this MOA.Agreedtothis15dayof,2013TheMississippiDepartmentofEnvironmentalQualityTrudyD.FisherExecutiveDirectorMississippiDepartmentofEnvironmentalQualityAgreedtothis5dayof4iO13TheMemphisUrbanAreaMetropolitanPlanningOrganizationMayorMarkH.Luttrell,Jr.ShelbyCountyMayorMemphisUrbanAreaMetropolitanPlanningOrganizationAgreed

to this

day of
,2013 The Mississippi Transportation Commission Melinda McGrath,
RE. Executive Director Mississippi Department

of Transportation MISSISSIPPI TRANSPORTATION CONFORMITY MEMORANDUM

OF AGREEMENT for The Ozone Non-Attainment

Area
of Desoto County, Mississippi Bookt, Page________ Attested: Mississippi

T sportation Commission SecretaryAgreedtothis2-3dayofzifA4’(,2013TheUnitedStatesDepartmentofTransportationFederal1-IighwayAdministrationAndrewH.HughesDivisionAdministratorFederalHighwayAdministration-MississippiDivisionAq
c o nvinrmra Agreed

to this

it

day of_____, 2013 The United States Department

of Transportation Federal Transit Administration c?.

Dr. Yvette

G. ‘l’aylor Regional Administrator Federal Transit Administration— Region

IV

### 13 EXHIBIT 1

METROPOLITAN PLANNING AREA
The following descriptions are intended to distinguish legal boundaries only. The MOA and associated exhibits are not valid for any portions outside of Mississippi. The term “MPO” refers to the policy board for the organization that is designated under 23 U.S.C. 134(d) and 49 U.S.C. 5303(d). Any change in the name, member ship, and/or geographic distribution of these MPOs will not require a formal revision of the Mississippi Transportation Conformity SIP. Documentation indicating a change in the name, membership, and/or geographic distribution will be submitted to each of the parties, including EPA Region 4, for inclusion in the Mississippi Transportation Conformity SIP.

Description of DeSoto County Boundary of the Memphis Urba n Area Metropolitan Planning Organization (MPO) The MPO Planning Boundary in Mississippi exte nds from MS-TN Stateline to south along the Mississippi River up to Green Ri ver Road and extends eastward up to Highway 301. From the intersection of Green River Road and Hwy 301 the planning boundary extends north up to Wilson Mill/Dean Road and extend eastward up to Fogg Road North. The planning boundary line then moves south along Fogg Road South and extends eastward along Clifton Road up to Robertson Gin Road. From Robertson Gin Road the boundary moves eastward along Slocum Road up to Getwell Road South, moves north up to Cleveland Road and extends east up to Malone Road South. The boundary line moves northward along Malone Road South up to Byhalia Road and extends east along Byhalia Road up to futu re alignment of the I-269 in Mississippi. The line follows Future I-269 alig nment up to Desoto-Marshall County Line and moves north up to MS-TN Stateline.

The jurisdictions included with in the MPO Planning Boundary in Mississippi are Horn Lake, Southaven, Olive Branch, Hernando, Wa lls and portions of Desoto County.

### 14 Figure 1: The DeSoto County portion of th e Memphis Urban Area Me tropolitan Planning Organization

### 15 EXHIBIT 2
Mississippi Criteria and Interagency Consultation Procedures for the Determination of t h e C o n fo r m i t y of Transportation Plans, Programs, and P r o j ec t s

A. G e n e r a l

Pursuant to 40 CFR 93.105, this document provides for interagency consultation (federal, state, and local), resolution of conflicts and public consultation procedures. Consultation procedures shall be undertaken prior to making transportation conformity determinations and prior to adopting applic able Mississippi Air Quality Implementation Plan, also known as the State Implementation Plan (SIP) revisions.

B. Interagency Consultation Pro cedures: General Procedures F a c t o r s

1. Representatives of the Memphis Urban Area Metropolitan Pl anning Organization (MPO), the Mississippi Department of Environmental Quality(MDEQ), and the Mississippi Department of Transportation (MDOT) shall collectively undertake an interagency consultation process in accordan ce with the procedures outlined herein with regional representatives of the Unite d States Environmental Protection Agency (EPA), the Federal Highway Administra tion (FHWA), and the Federal Transit Administration (FTA) on the development of the applicable implementation plan, the list of transportation control measures (TCM) in the applicable implementation plan under 23 CFR 450.314, the Metropolitan Transportation Plan (TP), the Transportation Improvement Program (TIP), any revisions to the preceding documents, and associated conformity determinations.

2. For the purposes of regular consultation, the Interagency Cons ultation Group, herein listed as “IAC”, shall include:

a. MPO (Memphis Urban Area Metropol itan Planning Organization);

b. MDEQ (Mississippi Department of Environmental Quality);

c. MTC (Mississippi Transportation Comm ission), acting by and through MDOT (Mississippi Department of Transportation);

d. FHWA (Federal Highway Administration-Mississippi Division Office);

e. FTA – Region 4 (Federal Transit Administration – Region 4); and,

### 16 f. EPA - Region 4 (Environmental Protection Agency – Region 4).

3. The MPO, as the lead transportation planning agency, shall have the primary responsibility in the designated non-attai nment or maintenance area for developing the TP, the TIP, and for providing assistance for technical analyses by employing travel-demand modeling techniques, acquiring all necessary modeling data, and coordinating these activities with agencies specified in Subsection B.2. The MPO shall work in consultation with MTC in developing these documents. The MPO shall be responsible for providing written notification of initial meetings concerning transportation and related air quality issues to the IAC. Subsequent routine meetings will be agreed upon collectively by the IAC. Scheduli ng changes shall be coordinated in a timely manner.

4. The MPO shall notify the IAC of all transportation planning activities for all federal and non-federal projects that are regionally significant (as defined by 23 CFR 450.104 and 40 CFR part 93.101) and therefore, need to be included in regional emissions analysis when estimating emissions from mobile sources in nonattainment and maintenance areas.

5. MDEQ, as the state air quality agency, shall have primary responsibility for developing SIPs, air quality modeling demonstrations, emissions inventories, and related activities. Transportation related SIPs shall be prepared by MDEQ with the assistance of the IAC. MDEQ shall distribute documents to the IAC for review and comment. MDEQ shall schedule public hearings to receive public comment on transportation-related SIPs. Comments and responses to comments shall be included in applicable SIP submittals to EPA.

6. For purposes of regular consultation, the Interagency Consultation Group (IAC) shall be defined as follows:

a. MPO, MPO Coordinator or designee;

b. MDEQ, Executive Director or designee;

c. MTC, acting by and through MDOT, Executive Director or designee;

d. FWHA, Division Administrator or designee;

e. FTA, Regional Administrator or designee; and,

f. EPA, Regional Administrator or designee.

7. Other specific roles and responsibilities of various participants in the interagency

### 17 consultation process shall be as follows:

a. The MPO shall be responsible for: i. Providing mobile emission modeling for conformity determinations; ii. Developing transportation plans and TIPs; iii. Developing transportation and socioeconomic data and planning assumptions and providing such data and planning assumptions to MDEQ for use in air quality analysis to determine conformity of transportation plans, TIPs, and projects; iv. Developing system- or facility- based or other programmatic (non-regulatory) TCMs;

v. Providing technical and policy input on motor vehicle emissions budgets; vi. Ensuring and coordinating the performance of transportation modeling for the purposes of generating the TIP or projects, regional emissions analyses and documentation of timely implementation of TCMs needed for conformity assessments; vii. Developing draft and final conformity determination documents for all transportation plans, programs, and projects; viii. Developing and maintaining a written plan specifying the timeframes for the submittal of projects to be considered for inclusion in the transportation plan, TIPs, and projects; ensuring the plan is readily accessible upon request by the public and interagency partners; and, ix. Provide for public involvement as described in 23 CFR 450.

b. The MDEQ shall be responsible for: i. Developing emissions inventories; ii. Developing emissions budgets; iii. Conducting air quality modeling; iv. Composing attainment demonstrations;

v. Revising control strategy implementation plan; vi. Monitor the progress of TCMs included into SIPs; and, vii. Compiling motor vehicle emissions factors.

c. The MTC shall be responsible for: i. Developing statewide transportation plans and Statewide Transportation Improvement Programs (STIP); ii. Providing technical input on new and proposed revisions to motor vehicle emissions budget; iii. Distributing draft and final project environmental documents to other agencies; iv. Convening air quality technical review meetings on specific projects when requested by other agencies, or as needed; and,

### 18 v. Developing updated motor vehicle emissions estimates and projections outside of the MPO.

d. The FHWA and FTA shall be responsible for: i. Ensuring timely action on final findings of conformity, after consultation with other agencies; ii. Providing guidance on conformity and the transportation planning process to agencies in interagency consultation; and, iii. Reviewing, commenting on, and making final conformity determinations on transportation plans, transporta tion improvement programs, and transportation projects prepared in co mpliance with 23 U.S.C. and 49 U.S.C. respectively.

e. The EPA shall be responsible for: i. Reviewing motor vehicle emissions budgets in submitted SIPs and finding them adequate or inadequate based on adequacy criteria and procedures; ii. Providing guidance on conformity criteria and procedures to agencies in interagency consultation; iii. Approving or disapproving submitted SIP revisions (including TCMs); iv. Providing modeling and emission invent ory development assistance to the MDOT, MDEQ, and MPO; and,

v. Providing comments on the regional emissions analyses and conformity determinations of transportation plans, TIPs, and projects.

f. Before adoption and approval of conformity analyses prepared for transportation plans, TIPs, and projects, the MPO and/or MTC acting by and through MDOT, as the lead transportation planning agency (lead agency), shall distribute a final draft of the documents, including supporting technical materials, to the IAC for review and comments. The IAC shall review and submit written comments to the lead agency within thirty (30) calendar days. The lead agency shall respond to written comments made by the IAC on transportation plans, TIPs, projects, or SIPs in writing within thirty (30) calendar days of receipt of such comments. Comments and responses to comments shall be distributed for review by the IAC. Following resolution of all significant issues, final documents shall be revised accordingly by the lead agency and submitted for formal adoption and approval.

g. Meetings of the IAC shall convene for the specific purpose of considering issues with regard to the conformity of transportation plans, TIPs, and projects with the transportation conformity SIP. The frequency of these meetings shall be determined jointly by the IAC. The IAC shall meet on a regular basis, at least quarterly, unless the IAC determines there is a need for an earlier meeting or,

### 19 alternatively, that there is no need for the regularly-scheduled meeting. Based upon comments received, the lead agency may schedule a meeting where consultation with the IAC can be accomplished simultaneously for the resolution of comments and issues. Meeting agendas and minutes are the responsibility of the designated lead agency.

h. Where TCMs are to be included in a pplicable SIPs in the urbanized nonattainment or maintenance area, a list of TCMs shall be selected and developed in cooperation with the IAC. This list of TCMs shall be maintained and distributed to all cooperating agencies by MDEQ afte r its review and consultation with the MPO. The list of TCMs shall be made av ailable for inspection or copying for all interested persons and agencies.

C. Interagency Consultation Procedures: Specific P r ocesses

1. An interagency consultation process in accordance with Subsection B involving the MPO, MDEQ, MTC, EPA, FHWA and FTA shall be undertaken for the following:

a. Evaluating and choosing a model(s) and associated methods and assumptions to be used in regional emissions analyses;

b. For purposes of regional emissions analys is, the MPO shall actively consult with the IAC to determine which minor arteri als and other trans portation projects should be considered “regionally significant” projects, as defined by 23 CFR 450.104 and 40 CFR part 93.101 (in addition to those functionally classified as principal arterial or higher or fixed guideway systems or extensions that offer an alternative to regional highway travel), and which projects should be considered to have a significant change in design concept and scope from the transportation plan or TIP. Prior to initiating any final action on these issues, the MPO shall consider the views of each agency that comments or responds in writing prior to any final action on these issu es. If the MPO receives no comments within thirty (30) calendar days, the MPO may assume consensus by the IAC;

c. The MPO shall submit a list of exempt proj ects to the IAC to evaluate whether projects otherwise exempted from mee ting the requirements of 40 CFR Part 93 Subpart A (see Sections 93.126 and 127) shoul d be treated as nonexempt in cases where potential adverse emissions impact s may exist for any reason. The MPO shall allow thirty (30) cal endar days for comments;

d. The MPO and/or MTC, in consultation with the IAC, shall make a determination, as required by 40 CFR Part 93, whether past obstacles to implementation of TCMs that are behind the schedule establis hed in the applicable implementation

### 20 plan have been identified and are be ing overcome and whether state and local agencies with influence over appr ovals or funding for TCMs are giving maximum priority to approval or funding for TCMs. This process shall also consider whether delays in TCM implem entation necessitate revisions to the applicable implementation plan to rem ove TCMs or substitute TCMs or other emission reduction measures; and,

e. The MPO shall notify the IAC of transportation plan or TIP revisions or amendments which merely add or delete exempt projects listed in 40 CFR Part 93 and allow a fourteen (14) day comment period;

2. In accordance with Subsection B, an inte ragency consultation process involving the MPO, MTC, and MDEQ, in cooperation with th e IAC, shall evaluate events that will trigger new conformity determinations in addition to those triggering events established in 40 CFR Part 93.

3. For the purposes of determining the conformity of all projects outside the metropolitan planning area, but within the nonattainment or maintenance area, the MPO and MTC will work together to cooperatively plan and analyze projects so that transportation conformity requirements are met.

4. In accordance with Subsection B, an interagency consultation process involving the MPO, MDEQ, MTC, and recipients of funds designated under title 23 U.S.C. or the Federal Transit Laws shall be undertaken to:

a. Ensure that plans for construction of regionally significant (as defined by 23 CFR 450.104) projects which are not FHWA/FTA projects (including projects for which alternative locations, design concept and scope, or the no-build option are still being considered), including all those by recipients of funds designated under Title 23 U.S.C. or the Federal Transit Laws, are disclosed to the MPO on a regular basis (as defined by Subsection B.7.a.ix); and,

b. Ensure that any changes to those plans are immediately disclosed.

The sponsor of any such regionally signifi cant project, and any ag ency that becomes aware of any such project through applica tions for approval, permitting or funding or otherwise, shall disclose such project to the MPO in a timely manner (as defined by Subsection B.7.a.ix). Such disclosure shall be made not later than the first occasion on which any of the following actions is sought:

i. Any policy board action necessary for the project to proceed;

### 21 ii. The issuance of administrative permits for the facility or for construction of the facility;

iii. The execution of a contract to desi gn or construct the facility;

iv. The execution of any indebtedness for the facility;

v. Any final action of a board, commissi on or administrator authorizing or directing employees to proceed with design, permitting or construction of the project; or,

vi. The execution of any contract to design or construct or an y approval needed for any facility that is dependent on the completion of the regionally significant project.

To help assure timely disclosure, the sponsor of any potential regionally significant project shall disclose to the MPO within thirty (30) calendar days of acknowledgment of each project for which alternatives ha ve been identified through the National Environmental Policy Act (NEPA) proce ss, and in particular, any preferred alternative that may be a regionally significant project.

In the case of any such regionally significant project that has not been disclosed to the MPO and other interested agencies participating in the consultation process in a timely manner, such regionally significant project shall be deemed:

i. Not to be included in the regional emi ssions analysis supporting the currently conforming plan and TIP’s conformity determination; and,

ii. Not to be consistent with the motor vehicle emissions budget in the applicable implementation plan.

For the purposes of the procedures outlined herein “approval” of a regionally significant project means:

i. The first time any action necessary to authorizing a project occurs, such as any policy board action necessary for the project to proceed;

ii. The issuance of administrative permits for the facility or for construction of the facility;

iii. The execution of a contract to construct the facility;

### 22 iv. Any final action of a board, commissi on or administrator authorizing or directing employees to proceed with construction of the project; or,

v. Any written decision or authorization from the MPO that the project may be adopted.

5. In accordance with Subsections B and C.4, the MPO and other recipients of funds designated under title 23 U.S.C. or the Federal Transit Laws, shall cooperatively assume the location, design concept, and scope of projects that are disclosed to the MPO but whose sponsors have not yet decided these features in sufficient detail to perform the regional emissions analysis according to the requirements of 40 CFR 93.

6. Written commitments to control measures that are not included in the transportation plan and TIP must be obtained prior to a conformity determination and such commitments must be fulfilled, as per 40CFR 93.122(a)(4)(ii).

7. The MPO, in accordance with Subsecti on B, shall notify MDEQ and MDOT and shall seek their input for the design, sc hedule, and funding of research and data collection efforts and regi onal transportation model de velopment by the MPO (e.g., household/travel transportation surveys).

8. Written commitments to mitigation measures must be obtained prior to a positive conformity determination, and project sponsor s must comply with such commitments, as per 40 CFR 93.125(c).

9. Within fifteen (15) calendar days subse quent to approval and adoption of final documents, including transportation plans, TIPs, conformity approvals, applicable implementation plans and implementation plan revisions, the lead agency (that is, MDEQ, the MPO, or MDOT) sh all provide copies of such documents and supporting information to the IAC.

D. Resolving C o n flic t s

1. Conflicts among state agencies or between state agencies and the MPO shall be escalated to the Gove rnor if they cannot be resolv ed by the heads of the involved agencies. MDEQ has fourteen (14) calenda r days within which to appeal a proposed determination of conformity (or other po licy decision under this agreement) to the Governor after the MPO or MDOT has no tified MDEQ of the resolution of all comments on such proposed determination of conformity or policy decision. Such fourteen (14) day period shall commen ce when the MPO or MDOT has confirmed receipt by MDEQ of the resolution of MDEQ ’s comments. If MDEQ appeals to the Governor, the final conformity determina tion must have the concurrence of the

### 23 Governor. MDEQ must provide notice of any appeal under this Subsection to the MPO and MDOT. If MDEQ does not appeal to the Governor within fourteen (14) calendar days, the MPO or MDOT may proceed with the final conformity determination.

2. In the event that the IAC and the MPO determ ine that every effort has been made to address concerns and no furt her progress is possi ble, the dissenting party shall notify the representative of MDEQ, as defined in Subsection B.6., citing 40 CFR Part 93 in any notification of a conflict which may require action by the Governor.

3. The Governor may delegate his or her role in this process, but not to the head or staff of MDEQ, MDOT, state transportation commission or board, or the MPO.

E. Public Consultation P r oce du r es
Relating to public involvement, the MPO and/or MDOT shall establish and continuously implement a proactive public involvement pr ocess that provides opportunity for public review and comment prior to taking formal action on a conformity determination for all transportation plans and TIPs. Commenci ng at the beginning of the public comment period, reasonable public access to technical and policy information considered by the agency will be provided prior to the ag ency taking formal action on conformity determinations for all transportation plans a nd TIPs. In addition, any such agency must specifically address in writing any public co mments claiming that known plans for a regionally significant project that is not re ceiving FHWA or FTA funding or approval have not been properly reflected in the emissions analysis supporting a proposed conformity finding for a transportation plan or TIP. Any such agency shall also provide opportunity for public involvement in confor mity determinations for projects where otherwise required by law. The opportunity for public involvement provided under this Subsection shall include access to informati on, emissions data, analyses, models and modeling assumptions used to perform a c onformity determination. The MPO and/or MDOT must consider and respond to significan t comments. No tran sportation plan, TIP, or project may be found to conform unless the determination of conformity has been subject to a public involvement process in accordance with this Subsection, without regard to whether the DOT has certified any process under 23 CFR 450.316(a).Mississippi Transportation Confor mity SIP for DeSoto County Technical Support Document Adopted May 23, 2013 

### MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY
OFFICE OF POLLUTION CONTROL

TECHNICAL SUPPORT
DOCUMENT

ATTENDANT TO THE STATE IMPLEMENTATION PLAN (SIP) REVISION
FOR PURPOSES OF

TRANSPORTATION CONFORMITY IN TH E OZONE NONATTAINMENT AREA OF DESOTO COUNTY, MISSISSIPPI

ADOPTED MAY 23, 2013Mississippi Transportation Confor mity SIP for DeSoto County Technical Support Document Adopted May 23, 2013 

### TABLE OF CONTENTS
Discussion ............................................................................................................. Page 3
Purpose of the Revision. ....................................................................................... Page 3
Sources Affected by th e Revision. ........................................................................ Page 3
Pollutants Involved. .............................................................................................. Page 3
Changes in Allowable Emissions. ......................................................................... Page 3
Location/Attainment Status. ................................................................................. Page 3
Part D SIP/Attainment Demonstration Impact. .................................................... Page 3
Air Quality Impacts. .............................................................................................. Page 3
Modeling. .............................................................................................................. Page 4
Compliance Methods to be Employed. ................................................................. Page 4
Public Comment Period. ....................................................................................... Page 4
Response to Comments on Propos ed SIP Revision. ............................................. Page 4
Regulation Changes. ............................................................................................. Page 4
Final Adoption of SIP Revision. ........................................................................... Page 4

ATTACHMENTS

Proofs of Publication.................................................................................. Attachment 1 Public Notice of Comment Period Proofs of Publication

Comment Letter from EPA ........................................................................ Attachment 2
Final Adoption Evidence. .......................................................................... Attachment 2 Commission Meeting AgendaMississippi Transportation Confor mity SIP for DeSoto County Technical Support Document Adopted May 23, 2013 

### DISCUSSION:
The purpose of this SIP Revision is to in corporate a Memorandum of Agreement (MOA) to implement Section 176(c) of the Clean Air Act (CAA), as amended (42 United States Code (U.S.C.) 7401 et seq.), and regulations under 40 Code of Federal Regulations (CFR) Part 93, Subpart A with respect to the conformity of transportation plans, programs, and projects that are develope d, funded, or approved by the United States Department of Transportation (USDOT), by the Memphis Urban Area Metropolitan Planning Organization (MPO), and by th e Mississippi Transportation Commission (MTC), acting by and through the Mississippi Department of Transportation (MDOT), or other recipients of funds under title 23 U.S. C. or the Federal Transit Laws (49 U.S.C. Chapter 53).

PURPOSE OF THE REVISION:
The purpose of this SIP Revision is to in corporate a Memorandum of Agreement (MOA) to implement Section 176(c) of the Clean Air Act (CAA), as amended (42 United States Code (U.S.C.) 7401 et seq.), and regulati ons under 40 Code of Federal Regulations (CFR) Part 93, Subpart A with respect to the c onformity of tran sportation plans, programs, and projects that are developed, funded, or ap proved by the United States Department of Transportation (USDOT), by the Memphis Urban Area Metropolitan Planning Organization (MPO), and by the Mississippi Transportation Commission (MTC), acting by and through the Mississippi Department of Transportation (MDOT), or other recipients of funds under title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53). This MOA sets forth policy, crit eria, and procedures for demonstrating and assuring conformity of such activities to applicable implementation plans developed according to Part A, Section 110 and Part D of the CAA for the sections of the federal rule it covers (i.e., 40 CFR 93.105, 93.122(a)(4)(ii ), and 93.125(c)). All other criteria and procedures for demonstrating and assuring co nformity of transportation activities are found in the federal conformity rule at 40 CFR 93.
The MOA concerns the criteria, interagenc y consultation procedures, and enforceable commitments related to conformity of transpor tation plans, programs, and projects in the partial area of DeSoto County, Mississippi de signated as non-attainment or maintenance for applicable National Ambient Air Quality Standards (NAAQS), pursuant to the CAA as amended (42 U.S.C. 7401, et seq.).
The parties to the MOA are as follows: MD EQ; the MPO as described in Exhibit 1; MTC, acting by and through MDOT; FHWA; FTA; and EPA.

SOURCES AFFECTED BY THE REVISION:
This SIP revision potentially affects all sour ces and practices subj ect to air pollution control regulations in Mississippi.Mississippi Transportation Confor mity SIP for DeSoto County Technical Support Document Adopted May 23, 2013 

### POLLUTANTS INVOLVED:
The pollutants affected by this SIP Revi sion are precursors of ground-level ozone.

CHANGES IN ALLOWABLE EMISSIONS:

This SIP Revision does not in clude any provisions for emi ssion limitation changes.

LOCATION/ATTAINMENT STATUS:

The SIP Revision concerns the ozone nonattainme nt area of DeSoto County, Mississippi.

PART D SIP/ATTAINMENT DEMONSTRATION IMPACT:
This is not applicable.
AIR QUALITY IMPACTS:

This SIP Revision will have no adverse impact on air quality.

MODELING:
No modeling is necessary for this SIP Revision.

COMPLIANCE METHODS TO BE EMPLOYED:
No compliance methodology is app licable to this SIP Revision.

PUBLIC HEARING:
Public participation for the above refere nced Transportation Conformity SIP was achieved by a public comment period and a pu blic hearing. The comment period began on March 8, 2013 and ended on April 9, 2013. A public heari ng was held on April 9, 2013. The public notice was published consistent with procedures approved by EPA.
The notice of public comment period wa s published on March 8, 2013, in daily newspapers in the cities of Jackson, and Hern ando in the State of Mississippi. The notice of public hearing, and the draft SIP , were ma de available for public review in the main branches of the public libraries in the abov e mentioned cities a nd at the Mississippi Department of Environmental Quality, 515 E. Amite St., Jackson, Mississippi, 39201 and was also made available on the Department ’s website http://www.deq.state.ms.us.

TSD Attachment 1 contains the notice of public hearing and proof s of publication.Mississippi Transportation Confor mity SIP for DeSoto County Technical Support Document Adopted May 23, 2013 

### RESPONSE TO COMMENTS ON PLAN REVISION:
No comments other than from EPA regarding the SIP Revision were received during the public comment period.

TSD Attachment 2 contains the comm ent letter from EPA dated April 9, 2013.

REGULATION CHANGES:
No regulation changes are appli cable to this SIP Revision.

FINAL ADOPTION OF PLAN REVISION:

TSD Attachment 3 contains evidence of final adoption of the SIP revision.Mississippi Transportation Confor mity SIP for DeSoto County Technical Support Document Adopted May 23, 2013 

### ATTACHMENT 1

NOTICE OF PUBLIC COMMENT PERIOD PROOFS OF PUBLICATIONTransportation Conformity SIP, Notice of Public Hearing, March 8, 2013 MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY NOTICE OF PUBLIC HEARING PUBLIC NOTICE START DATE: March 8, 2013

DEADLINE FOR COMMENTS April 9, 2013
PLEASE TAKE NOTE that the Mississippi Commission on Environmental Quality (“Commission”) is considering adopting a State Implementation Plan fo r Transportation Conformity (Conformity SIP) for DeSoto County, Mississippi.
I. Substance of the proposed action:
On July 22, 2012, the United States Environmental Protection Agency (EPA) designated a portion ofDeSoto County, Mississippi to be included as a part of the Memphis, Tennessee Ozone NonAttainment Area. Therefore, the Mississippi Department of Environmental Quality (MDEQ) is required by the Clean Air Act to submit a State Implementation Plan for Transportation Conformity (Conformity SIP) to EPA by July 22, 2013. Tran sportation conformity, for the purpose of air quality, means the determination that local and/or state transportation plans will not cause new air quality violations, worsen existing violations, or delay the timely attainment of the National Ambient Air Quality Standards. The Conformity SIP is a Memorandum of Agreement (MOA) specifying the criteria, interagency consultation procedures, and enforceable commitm ents related to the conformity of transportation plans and programs in the partial area of DeSoto County, Mississippi designated as non-attainment. The parties to the MOA are: MDEQ; the Mississippi Transportation Commission; the Memphis Urban Area Metropolitan Planning Organi zation; the Federal Highway Administration, Mississippi office; the Federal Transit Admi nistration, Region 4; and EPA, Region IV.
II. Manner By Which the Public May Comment.
Copies of the proposed Conformity SIP may be obtained by calling Mr. Keith Head at 601-961-5577 or writing to Mississippi Department of Environmental Quality, Air Division, P.O. Box 2261, Jackson, Mississippi 39201. For persons with internet access, the proposed Conformity SIP may be found on the Mississippi Department of Environmental Quality’s website at http://www.deq.state.ms.us under Programs/Air Qua lity/New Information. Also, the proposed Conformity SIP will be available for public review through April 9, 2013, in the main branch of the public library in Hernando, Mississippi. The proposed Conformity SIP may also be reviewed in the offices of the Mississippi Department of Environmental Quality, 515 E. Amite Street, Jackson, Mississippi. Please contact Ms. Joanne Rials at (601) 961-5171 to schedule an appointment.
Members of the public may present verbal or wr itten comments at the public hearing described below. Also, written statements regarding the propo sed Conformity SIP will be made part of the public hearing record if delivered by 5:00 p.m., Tuesday, April 9, 2013, to the attention of Ms. Maya Rao at the address shown above.
III. Notice of Public Hearing.
A public hearing to receive comments regarding the proposed Conformity SIP will be held on Tuesday, April 9, 2013, at 6:00 p.m. in the Board of Supervisors Meeting Room, DeSoto County Administration Building, Third Floor, 365 Losher Street, Hernando, MS 38632.

IV. Additional Information.
For additional information, please contact Mr. Keith Head at 601-961-5577.PROOF

OF PUBL[CATION THE STATE
OF MISSISSIPPI HINDS COUNTY PERSONALLY appeared before me, the undersigned notary public

in and for Hinds County, Mississippi, MISSISSIPPI COMMISSIONON ENViRONMENTAL QUALITY NOTICE

OF PUBUC HEARING PUBLIC NOTICE START DATEMa,che,2013

FOR COMMEN?St

AprIl 9,2013 PLEASE TAKE NOTE tha I the.Mlaalaalpçd Coninriaston- on Environmental
Quality (Commlaslon)

Is considering axplirrg

a State Implementation

Plan for Transportation Conformity (Conformity SIP)
for DeSoto County, Mississippi, Substance

of
the proposed action: On July 22, 2012,

the United

States Environmental Protection Mississippi

to be Included as

a part
of the MempNs, Tennessee Ozone NonAttainment

Ares, Theretare,

the Mississippi- Department

of Environmental

Quality (MOEO)

is reqtdred

by the Clean
PJr Act
to submit

a State Implementation

Pion for Transportation Conformity (Conformity SIP)

to EPA
by July 22, 2013. TransportatIon conformity,

for the purpose of air quarity, means

lii. determination

that local and/or slate transportation plans will not cause new air quality violations, worsen existing violations,

or delay the timely attainment

of the National Ambient

Air Quality Standards.

The Conformity

SIP

is

a Memorandum

of Agreement

(MOA) specifying

11w criteria, interagency consultation procedures,

and enforceable contmthnenta related to-the conformity

of Iranspoclaflon

plans and progremns

In the partial ares of DeSoto County, t,rrssisslppi designated

as non-attáiñment.

tf1e parties to the MOA are; MDEQ
the Mississippi Transportation Commission;

the Memphis Urban Area Metropolitan Planning Organization;

the Federal Hltwey Administration, Mississippi office;
the Federal Tranal Administration,
Region

4; and EPA, Region

IV. II. Manner

By Which
the Public May Ccnrmerrt. Copies

of the proposed Conformity

SIP may
be obtained

by calling
Mr. Keith Head

at 601-961-5577 writing

to Mississippi- Department

of Envirorrnrental Quality,

Air Division.
P.O. Box 2261 Jackson, MississippI 39201. For persons
with Internet access,

the proposed Conformity

SIP may

be found

or, tIre Mississippi QuaNty website

at htfprd/www.deg,state.ms.us under Programs/Air Quality/New Information. Also,

the proposed Conformity

SIP wit
be available

for public mewew through April

9, 2013,

In the thaln branch

of the public library

In Hemar,do, Mississippi.

The proposed Confonntiy

SIP may also be reviewed

ri the ofttces

of lIre Mississippi Department of Environmnerrtal Quality, 515

E. Amite Street, Jackson, MississippI. Please contact
Ms. Joanne Rials

at (601) 961.5171

tc schedule

an appointmentMembers

oil the public may present verbal

or written comments

at tIre- publIc hearing described below. Also, written statements regarding

the proposed Conformity

SIP will
be made pert

of the public hearing record

if delivered by 500 p.m.. Tuesday.
Ape 9, 21)13,

to the attention

at Ms. Maya Aso

at the -address shown above. lit. Notice

of Public Hearing. A public hearing

to receive comments regarding

the proposed Conformity

SIP will be held
on -Tuesday April 9,2013,

at 6:00 p.m.

lr the Board

of Supervisors Meeting Roum, DeSoto County Administration Building, Third Floor, 365 Losher Street, Herrrarrdo, MS38632. IV.Additional Information. For additional information, please contact

Mr. Keith Head

at 60196l.5577. March

8. 2013 45l742.O1 PASTE PROOF HERE C58849 MS DEPT.
OF ENV. QUALITY, 0200431742 Conformity

SIP, DeSoto
Co.

ANN MIDDEKE an authorized
clerk
of THE CLARION-LEDGER,

a newspaper

as defined and prescribed

in Sections

1 3-3-31 and 13-3-32,

of the Mississippi Code

of 1972,

as amended, who, being duly sworn, states that the notice,

a true copy

of which

is hereto attached, appeared

in the issues

of said newspaper

as follows: 3/8/2013 Size: 539 words

/ 1.00 col.

x 152.00 lines Published:

I time(s) Total: $78.18- Signed
. 2 tL4’

>23 4 LIJL...) Authorized Clerk

of The Clarion-Ledger SWORN

to and subscribed before
me on 3/8/2013. Notary Public RICK TYLER Notary Public State

of Mississippi

at Large. Bonded thru Notary Public Underwriters (SEAL)AFFP PN: MDEQ/Conformity

SIP Affidavit

of Publication DESOTO TIMES-TRIBUNE That said newspaper

was regularly issued and circulated on those dates. SIGW. Clerk Subscribed

to and sworn

to me this 7th day of March 2013.

DeSoto Cty, Mississippi MISSISSIPPI COMMISSION

ON ENVIRONMENTAL QUALITY NOTICE

OF PUBLIC HEARING PUBLIC NOTICE START DATE: March

8, 2013 DEADLINE
FOR COMMENTS

April

9, 2013 PLEASE TAKE NOTE that the Mississippi Commission

on Environmental Quality (Commission”)

is considering adopting

a State Implementation

Plan for Transportation Conformity (Conformity

SIP) for DeSoto County, Mississippi. I. Substance

of the proposed action: On July 22, 2012, the United States Environmental Protection Agency (EPA) designated

a portion

of DeSoto County, Mississippi

to be included

as

a part
of the Memphis, Tennessee Ozone Non-Attainment

Area. Therefore,

the Mississippi Department

of environmental Quality (MEQ)

Is required

by the Clean
Air Act to submit

a State Implementation

Plan for Transportation Conformity (Conformity

SIP) to EPA
by July 22, 2013. Transportation conformity,

for the purpose

of air quality, means
the determination

that local and/or state transportation
plans will not cause new air quality violations, worsen existing violations,

or delay the timely attainment

of the National Ambient

Air Quality Standards.

The Conformity

SIP

is a Memorandum of Agreement (MOA) specifying

the criteria, interagency consultation procedures, and enforceable commitments related

to the conformity

of transportation
plans and programs

in the partial area
of DeSoto County, Mississippi designated

as nonattainment.

The parties

to the MOA are: MDEQ;
the Mississippi Transportation Commission;

the Memphis Urban Area Metropolitan Planning Organization;

the Federal Highway Administration, Mississippi ottice; the Federal Transit Administration, Region

4; and EPA, Region

IV. II. Manner

By Which the Public May Comment. Copies

of the proposed Conformity

SIP may be obtained

by calling
Mr. Keith Head at 601-961-5577

or wilting

to Mississippi Department

of Environmental Quality,

Air Division, P.O. Box 2261, Jackson, Mississippi 39201. For persons with internet access,
the proposed Conformity

SIP may be found
on the Mississippi Department of Erivironmental Quality’s website

at http://www.deq.state.ms.us

under Programs/Air Quality/New Information.
Also, the proposed Conformity

SIP will be available

for public review through April

9, 2013,

in the main branch

of the public library

in Hernando, Mississippi.

The proposed Conformity

SIP may also be reviewed

in the offices

of the Mississippi Department

of Environmental Quality,
515 E. Amite Street, Jackson, Mississippi. Please contact
Ms. Joanne Rials

at (601) 961- 5171

to schedule

an appointment. Members

of the public may present verbal

or written comments

at the public hearing described below. Also, written statements regarding

the proposed Conformity

SIP will be made part
of the public hearing record

if delivered

by 5:00 p.m., Tuesday, April

9, 2013,

to the attention

of Ms. Maya Rao
at the address shown above. Ill. Notice

of Public Hearing. A public hearing

to receive comments regarding

the proposed Conformity

SIP wil[be held on Tuesday, April

9, 2013,

at 6:00 p.m.

in the Board

of Supervisors Meeting Room DeSoto County Administration Building, Third Floor, 365 Losher Street, Hernando,

MS 38632. IV. Additional Information. For additional information, please contact

Mr. Keith Head

at 601-961-5577. March

7, 2013 STATE
OF MISSISSIPPI

} ss COUNTY

OF DESOTO} DIANE SMITH, being duly sworn, says: That she

is a Clerk

of the DESOTO TIMES-TRIBUNE,

a newspaper

of general circulation

in said county, published in Hernando, DeSoto County, Mississippi;

that the publication,

a copy

of which

is printed hereon, was published

in the said newspaper

on the following dates: March
07, 2013 My commission expires: January

15, 2017 00003035 00019336 Linda Stanford MS Dept

of Environment Quality P.O. 2261 Jackon,
MS 39225Mississippi Transportation Confor mity SIP for DeSoto County Technical Support Document Adopted May 23, 2013 

### ATTACHMENT 2

COMMENT LETTER FROM EPAMississippi Transportation Confor mity SIP for DeSoto County Technical Support Document Adopted May 23, 2013 

### ATTACHMENT 3

EVIDENCE OF ADOPTION OF SIP REVISIONMISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY
Thursday, May 2 3 , 201 3 9:00 A.M. Roo m 104A 515 East Amite Street Jackson, Mississippi 39201

AGENDA

1

. Call to Order

- Chair

2. Approval of Minutes of April 25 , 201 3 Meeting

3. Adoption of a Revision to the State Implementation Plan (SIP Revision)

The SIP revision in volves the Transportation Conformity requirements of Section 176(c) of the Clean Air Act. This SIP revision is a Memorandum of Agreement (MOA) concerning the criteria, interagency consultation procedures, and enforceable commitments related to the conform ity of transportation plans, and programs in the partial area of DeSoto County, Mississippi designated as
non

- attainment. The parties to this MOA are MDEQ, the Memphis Urban Area Metropolitan Planning Organization (MPO), the Mississippi Transportation Com mission, the Mississippi office of the Federal Highway Administration, Region 4 of the Federal Transit Administration, and Region 4 of the Environmental Protection Agency. A 30

- day public comment period was held, as well as a public hearing on April 9th, and no comments were received. The staff recommends that the Commission adopt the proposed SIP Revision.

4. Water Pollution Control (Clean Water) State Revolving Fund Loan Program, Resolution of Necessity to Issue Bonds In the 2013 State legislative se ssion, Senate Bill 2913 was passed and subsequently signed by the Governor, and provided for the issuance of $1,000,000 in bonds to provide state matching funds required to obtain $5,000,000 in available federal assistance for this program. In order to ini tiate this process, the Commission must adopt a resolution of necessity for issuance of these bonds. The staff will brief the Commission and will recommend adoption of th e attached resolution.

5. Briefing on Recyclin g Cooperative Grants Program The staff will make a presentation to update the Commission on the Recycling Cooperative Grants Program. The Department has finalized an announcement and application packet on the Recycling Cooperative Grants. The announcement is being made as per the Comm ission’s Recycling Cooperative Grant Regulations adopted in 2010. The total amount of funds to be made available through this announcement is $1,000,000. These funds will be used to provide grant support to local government projects that will establish re gional cooperative efforts to collect
, process and market recyclables in underserved areas of the state.

6. Stephanie Howard, Executrix of the Estate of Gerald Donald, Wayne County

- Designation of Hearing Officer Stephanie Howard, Executrix of the Estat e of Gerald Donald (“Petitioner”) has requested a hearing before the Commission related to alleged Naturally Occurring Radioactive Material (“NORM”) contamination on Petitioner’s property in Wayne County. Petitioner has alleged that a number of oil compan ies and Davis Brothers (“Respondents”) are responsible for the contamination. Pursuant to Miss. Code Ann. § 49

- 17

- 33, the Commission may designate a hearing officer to conduct the requested hearing for the Commission and have the record prepared. MDEQ st aff recommends the Commission designate Ricky Luke, Special Assistant Attorney General, to serve as the hearing officer in this matter under Miss. Code Ann. § 49

- 17

- 33. Stage I of t his matter has been scheduled to be heard on Monday, January 27, 2014. St age I will determine the causation of the various Respondents, if any, for the alleged contamination on Petitioner’s property. Thereafter, the record along with the hearing officer’s findings of fact and recommended decision will be presented and the Comm ission will make the ultimate decision in this matter. There have been several preliminary filings in this matter which the Commission may be requested to consider at a future meeting.

7. Serenity Lane

- Pearl River County

- Approval of Commission Order and Designation of Hearing Officer The attached order is being presented for the Commission’s consideration regarding the Commission’s decision at the meeting on April 25, 2013, concerning the Serenity Lane matter. At its April meeting, the Commission determ ined a prior MDEQ letter dated June 26, 2009, did not constitute a n Order of the Commission or the Executive Director within the meaning of Miss Code Ann. § 49

- 17

- 41 ; the 30 day time period to challenge related to § 49

- 17

- 41 was not “triggered” by the issu ance of the MDEQ letter dated June 26, 2009 ; Commission is authorized, but not required,to grant a hearing in this matter; the Serenity Lane residents (“Petitioners”) would be provided with

the requested Commission hearing based on review of the informati on submitted ; and a hearing officer would be designated by the Commission to conduct the hearing and have the record prepared pursuant to Miss. Code Ann. § 49

- 17

- 33. MDEQ staff further recommends the Commission designate Chuck Rubisoff, Special Assistant Attorney General, to continue to serve as the hearing officer in this matter.

8

. Update on RESTORE Act and Other Oil Spill Restoration Activities

Executive Director, Trudy Fisher will provide the Commission with updated information on the RESTORE Act and other oil spill restoration activities.

9. Asbestos Certifications

We have issued 99 asbestos certifications since the last report. This list will be available at the Commission meeting.

10

. Lead Paint Certifications

We have issued 45 lead paint certifications since the last report. This list will be available at the Commission meeting.

1 1

. Underground Storage Tanks (UST) Certifications

We h ave issued 3 certification s to those who install
, alter
, or remove underground storage tanks since the last report. This list will be available at the Commission meeting.

1 2

. Emergency Clean

- Up Expenses

We have 8 emergency expenditures since the last report. See Attachment 1 at the end of this agenda.

1 3

. Administrative Orders

We have issued 1 7 administrative orders since the last report and they should be added to the minu tes. The staff will highlight any orders that we think are especially noteworthy. See Attachment 2 at the end of this agenda.

1 4

. Other Business

1 5

. Confirmation of Meeting on Thursday, June 2 7 , 2013

1 6

. Adjournment