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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 EMPLOYER 
Mississippi Transportation Conformity 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 THE OZONE NONATTAINMENT AREA OF 

DESOTO COUNTY, MISSISSIPPI 

ADOPTED MAY 23, 2013 
Mississippi Transportation Conformity 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 Hearing for the Transportation Conformity SIP Revision 

3.25 Legal Authority for the Transportation Conformity SIP Revision 

5.23 Control Strategy for the Transportation Conformity SIP Revision 

6.27 Control Regulations for the Transportation Conformity SIP Revision 

14.1.22 Health Effects of the Transportation Conformity SIP Revision 

14.3.22 Economic Effects of the Transportation Conformity SIP Revision 

14.5.22 Social Effects of the Transportation Conformity SIP Revision 

14.6.22 Air Quality Effects of the Transportation Conformity SIP Revision 

Appendix T Mississippi Transportation Conformity Memorandum of Agreement 

 
Mississippi Transportation Conformity 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 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 Regulations (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 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, criteria, 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 conformity of transportation activities are found in the federal conformity rule at 

40 CFR 93. 

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. 
1.56 Notification of Public Comment Period for the Transportation Conformity SIP Revision. 

Public participation for the above referenced Conformity SIP was 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 was published on March 8, 2013, in daily 

newspapers in the cities of Jackson, and Hernando in the State of Mississippi. The notice 

of public hearing, and the draft SIP , were made available for public review in the main 

branches of the public libraries in the above mentioned cities and 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 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 

(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 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 non-attainment. The parties to the 

MOA are: MDEQ; the Mississippi Transportation Commission; the Memphis Urban Area 

Metropolitan Planning Organization; the Federal Highway 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 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 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. 

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 
3.25 Legal Authority for the Transportation Conformity SIP Revision 

No legislative actions are needed concerning this SIP revision. The State of Mississippi 

Air & Water Pollution Control Law, Section 49-17-1 to 49-17-43, Mississippi Code of 

1972, gives the Commission on Environmental Quality 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) designates the Commission as the State air 

pollution control agency for all purposes of the federal pollution control legislation and 

programs and take all actions necessary thereto. 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 Transportation Conformity SIP Revision 

No control strategy is required for this SIP Revision. 

 
6.27 Control Regulations for the Transportation Conformity SIP Revision 

No amendments to state regulations are required for this SIP revision. 

 
14.1.22 Health Effects of the Transportation Conformity SIP Revision 

No adverse health effects are expected to be caused by this SIP revision. 

 
14.3.22 Economics Effects of the Transportation Conformity SIP Revision 

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

 
14.5.22 Social Effects of the Transportation Conformity SIP Revision 

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

 
14.6.22 Air Quality Effects of the Transportation 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 by 

Mississippi Department of Environmental Quality 

Air Division 

Adopted May 23, 2013
2 

Preface: This document contains the technical support 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 CONFORMITY 

MEMORANDUM OF AGREEMENT

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 Mississippi Department of Environmental Quality 

MDOT Mississippi Department of Transportation 

MPO Memphis Urban Area Metropolitan 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 Regulations (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 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, criteria, 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 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, Title 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 following 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 designated for each urbanized area to carry out 

a continuing, cooperative, and comprehensive multimodal transportation planning process; and, 

WHEREAS, the MDEQ has been designated pursuant to Mississippi law and by the EPA as the 

state air quality planning agency and as the state 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 providing 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 agreed:

The Parties shall cooperatively support and implement the interagency consultation procedures 

contained herein in order to ensure that the plans, 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 will 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 effect 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. 
The Mississippi Department of Environmental Quality

Trudy D. Fisher

Executive Director

Mississippi Department of Environmental Quality
The Memphis Urban Area Metropolitan Planning Organization

Mayor Mark H. Luttrell, Jr. Shelby County Mayor

Memphis Urban Area Metropolitan Planning Organization
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

Secretary
The United States Department of Transportation

Federal 1-Iighway Administration

Andrew H. Hughes

Division Administrator

Federal Highway Administration -Mississippi Division
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, membership, 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 Urban Area Metropolitan 

Planning Organization (MPO) 

The MPO Planning Boundary in Mississippi extends from MS-TN Stateline to south along the 

Mississippi River up to Green River 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 future alignment of the I-269 in 

Mississippi. The line follows Future I-269 alignment up to Desoto-Marshall County Line and 

moves north up to MS-TN Stateline. 

The jurisdictions included within the MPO Planning Boundary in Mississippi are Horn Lake, 

Southaven, Olive Branch, Hernando, Walls and portions of Desoto County. 
14 

Figure 1: The DeSoto County portion of the Memphis Urban Area Metropolitan Planning 

Organization 

 
15 

EXHIBIT 2 

Mississippi Criteria and Interagency Consultation Procedures for the 

Determination of the Conformity of Transportation Plans, Programs, and 

Projects 

A. General

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 applicable Mississippi Air Quality Implementation 

Plan, also known as the State Implementation Plan (SIP) revisions. 

B. Interagency Consultation Procedures: General Procedures Factors 

1. Representatives of the Memphis Urban Area Metropolitan Planning Organization 

(MPO), the Mississippi Department of Environmental Quality(MDEQ), and the 

Mississippi Department of Transportation (MDOT) shall collectively undertake an 

interagency consultation process in accordance with the procedures outlined herein 

with regional representatives of the United States Environmental Protection Agency 

(EPA), the Federal Highway Administration (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 Consultation Group, herein 

listed as “IAC”, shall include: 

a. MPO (Memphis Urban Area Metropolitan Planning Organization); 

b. MDEQ (Mississippi Department of Environmental Quality); 

c. MTC (Mississippi Transportation Commission), 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-attainment 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. Scheduling 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, transportation improvement programs, and 

transportation projects prepared in compliance 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 inventory 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 applicable 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 after its review and consultation with the 

MPO. The list of TCMs shall be made available for inspection or copying for all 

interested persons and agencies. 

C. Interagency Consultation Procedures: Specific Processes 

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 analysis, the MPO shall actively consult with 

the IAC to determine which minor arterials and other transportation 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 issues. 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 projects to the IAC to evaluate whether 

projects otherwise exempted from meeting the requirements of 40 CFR Part 93 

Subpart A (see Sections 93.126 and 127) should be treated as nonexempt in cases 

where potential adverse emissions impacts may exist for any reason. The MPO 

shall allow thirty (30) calendar 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 established in the applicable implementation 
20 

plan have been identified and are being overcome and whether state and local 

agencies with influence over approvals or funding for TCMs are giving 

maximum priority to approval or funding for TCMs. This process shall also 

consider whether delays in TCM implementation necessitate revisions to the 

applicable implementation plan to remove 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 interagency consultation process involving the 

MPO, MTC, and MDEQ, in cooperation with the 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 significant project, and any agency that becomes 

aware of any such project through applications 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 design or construct the facility; 

iv. The execution of any indebtedness for the facility; 

v. Any final action of a board, commission 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 any 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 have been identified through the National 

Environmental Policy Act (NEPA) process, 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 emissions 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, commission 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 Subsection B, shall notify MDEQ and MDOT and 

shall seek their input for the design, schedule, and funding of research and data 

collection efforts and regional transportation model development 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 sponsors must comply with such commitments, 

as per 40 CFR 93.125(c). 

9. Within fifteen (15) calendar days subsequent 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) shall provide copies of such documents and supporting 

information to the IAC. 

D. Resolving Conflicts

1. Conflicts among state agencies or between state agencies and the MPO shall be 

escalated to the Governor if they cannot be resolved by the heads of the involved 

agencies. MDEQ has fourteen (14) calendar days within which to appeal a proposed 

determination of conformity (or other policy decision under this agreement) to the 

Governor after the MPO or MDOT has notified MDEQ of the resolution of all 

comments on such proposed determination of conformity or policy decision. Such 

fourteen (14) day period shall commence 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 determination 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 determine that every effort has been made to 

address concerns and no further progress is possible, 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 Procedures 

Relating to public involvement, the MPO and/or MDOT shall establish and continuously 

implement a proactive public involvement process that provides opportunity for public 

review and comment prior to taking formal action on a conformity determination for all 

transportation plans and TIPs. Commencing 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 agency taking formal action on conformity 

determinations for all transportation plans and TIPs. In addition, any such agency must 

specifically address in writing any public comments claiming that known plans for a 

regionally significant project that is not receiving 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 conformity determinations for projects where 

otherwise required by law. The opportunity for public involvement provided under this 

Subsection shall include access to information, emissions data, analyses, models and 

modeling assumptions used to perform a conformity determination. The MPO and/or 

MDOT must consider and respond to significant comments. No transportation 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 Conformity 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 THE OZONE NONATTAINMENT AREA OF 

DESOTO COUNTY, MISSISSIPPI 

ADOPTED MAY 23, 2013 
Mississippi Transportation Conformity 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 the 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 Proposed 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 Agenda 
Mississippi Transportation Conformity SIP for DeSoto County 

Technical Support Document 

Adopted May 23, 2013 

DISCUSSION: 

The purpose of this SIP Revision is to incorporate 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 developed, funded, or approved 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). 

PURPOSE OF THE REVISION:

The purpose of this SIP Revision is to incorporate 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 developed, funded, or approved 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, criteria, 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 conformity of transportation activities are 

found in the federal conformity rule at 40 CFR 93. 

The MOA concerns 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 the MOA are as follows: MDEQ; 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 sources and practices subject to air pollution 

control regulations in Mississippi. 

 
Mississippi Transportation Conformity SIP for DeSoto County 

Technical Support Document 

Adopted May 23, 2013 

POLLUTANTS INVOLVED:

The pollutants affected by this SIP Revision are precursors of ground-level ozone. 

CHANGES IN ALLOWABLE EMISSIONS:

This SIP Revision does not include any provisions for emission limitation changes. 

LOCATION/ATTAINMENT STATUS:

The SIP Revision concerns the ozone nonattainment 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 applicable to this SIP Revision. 

PUBLIC HEARING:

Public participation for the above referenced Transportation Conformity SIP was 

achieved by a public comment period and a public hearing. The comment period began 

on March 8, 2013 and ended on April 9, 2013. A public hearing was held on April 9, 

2013. The public notice was published consistent with procedures approved by EPA. 

The notice of public comment period was published on March 8, 2013, in daily 

newspapers in the cities of Jackson, and Hernando in the State of Mississippi. The notice 

of public hearing, and the draft SIP , were made available for public review in the main 

branches of the public libraries in the above mentioned cities and 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 proofs of publication. 

 
Mississippi Transportation Conformity 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 comment letter from EPA dated April 9, 2013. 

REGULATION CHANGES:

No regulation changes are applicable to this SIP Revision. 

FINAL ADOPTION OF PLAN REVISION:

TSD Attachment 3 contains evidence of final adoption of the SIP revision. 
Mississippi Transportation Conformity SIP for DeSoto County 

Technical Support Document 

Adopted May 23, 2013 

ATTACHMENT 1 

NOTICE OF PUBLIC COMMENT PERIOD 

PROOFS OF PUBLICATION 

 
Transportation 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 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 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. 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 

non-attainment. The parties to the MOA are: MDEQ; the Mississippi Transportation Commission; 

the Memphis Urban Area Metropolitan Planning Organization; the Federal Highway 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 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 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. 

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. 
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

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

.2tL4’ >23

4LIJL...)

Authorized Clerk of

The Clarion-LedgerSWORN 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)
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

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

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 00019336Linda Stanford

MS Dept of Environment Quality

P.O. 2261

Jackon, MS 39225
Mississippi Transportation Conformity SIP for DeSoto County 

Technical Support Document 

Adopted May 23, 2013 

ATTACHMENT 2 

COMMENT LETTER FROM EPA 

Mississippi Transportation Conformity SIP for DeSoto County 

Technical Support Document 

Adopted May 23, 2013 

ATTACHMENT 3 

EVIDENCE OF ADOPTION OF SIP REVISION
MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY

Thursday, May 23, 2013

9:00 A.M.

Room 104A

515 East Amite Street 

Jackson, Mississippi 39201

AGENDA

1. Call to Order - Chair 

2. Approval of Minutes of April 25, 2013 Meeting 

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

The SIP revision involves 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 conformity 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 Commission, 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 session, 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 initiate 

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 the attached resolution.

5. Briefing on Recycling 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 Commission’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 regional 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 Estate 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 companies 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 staff 

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 this matter has 

been scheduled to be heard on Monday, January 27, 2014. Stage 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 Commission 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 determined a prior MDEQ letter dated June 26, 2009, did not 

constitute an 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 issuance 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 information 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. 

11. Underground Storage Tanks (UST) Certifications

We have issued 3 certifications to those who install, alter, or remove underground storage tanks 

since the last report. This list will be available at the Commission meeting. 

12. Emergency Clean-Up Expenses 

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

agenda. 

13. Administrative Orders 

We have issued 17 administrative orders since the last report and they should be added to the 

minutes. The staff will highlight any orders that we think are especially noteworthy. See 

Attachment 2 at the end of this agenda. 

14. Other Business 

15. Confirmation of Meeting on Thursday, June 27, 2013 

16. Adjournment