UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

1445 ROSS AVENUE, SUITE 1200

DALLAS TX 75202-2733

DEC 9 - 2D11

The Honorable Mike Beebe

Governor of Arkansas

State Capitol, Suite 250

Little Rock, Arkansas 7220 I

Dear Governor Beebe:

Thank you for your recommendations dated March 10,2009, on air quality designations for the revised

2008 National Ambient Air Quality Standards for ozone throughout Arkansas. I appreciate the

information Arkansas shared with the U.S. Environmental Protection Agency (EPA) as we move forward

to improve ozone air quality. This letter is to notify you ofthe EPA's preliminary response to

recommendations from Arkansas and to inform you of our approach for completing the designations for

the revised ozone standards.

On March 12,2008, the EPA revised its national ambient air quality standards for ground-level ozone to

provide increased protection of public health and the environment. The EPA lowered the primary

8-hour ozone standard from 0.08 parts per million (ppm) to 0.075 ppm to protect against health etlects

associated with ozone exposure, including a range ofserious respiratory illnesses and increased premature

death from heart or lung disease. The EPA revised the secondary 8-hour ozone standard, making it

identical to the primary standard, to protect against welfare effects, including impacts on sensitive

vegetation and forested ecosystems.

History shows us that better health and cleaner air go hand-in-hand with economic growth. Working

closely with the states and tribes, the EPA is implementing the standards using a common sense approach

that improves air quality and minimizes the burden on state and local governments. As part ofthis routine

process, the EPA is working with the states to identify areas in the country that meet the standards and

those that need to take steps to reduce ozone pollution. Within one year after a new or revised air quality

standard is established, the Clean Air Act requires the governor of each state to submit to the EPA a list of

all areas in the state, with recommendations for whether each area meets the standard. As a first step in

implementing the 2008 ozone standards, the EPA asked states to submit their designation

recommendations, including appropriate area boundaries, by March 12,2009. In September 2009, the EPA

announced it was reconsidering the 2008 ozone standards. The EPA later took steps to delay the designation

process for the 2008 ozone standards pending outcome ofthe reconsideration. However, in September 20 II,

the Office ofManagement and Budget returned to the EPA the draft final rule addressing the reconsideration

ofthe 2008 ozone standards. On September 22, 2011, the EPA restarted the implementation effort by issuing a

memorandum to clarify for state and local agencies the status ofthe 2008 ozone standards and to outline plans

for moving forward to implement them. The EPA indicated that it would proceed with initial area designations

for the 2008 standards, and planned to use the recommendations states made in 2009 as updated by the most

current, certified air quality data from 2008-2010. While the EPA did not request that states submit updated

designation recommendations, the EPA provided the opportunity for states to do so.

As required by the Clean Air Act, the EPA will designate an area as nonattainment ifit is violating the

2008 ozone standards or contributing to a violation ofthe standards in a nearby area. Consistent with

Internet Address (URL) • http://www.epa.gov/region6

Recycled/Recyclable. Printed with Vegetable Oil Based Inks on 100% Recycled Paper, Process Chlorine Free
designations for previous ozone standards, the EPA intends to designate an area as unclassiflablel

attainment ifthere are certified, quality-assured air quality monitoring data showing the area is meeting

the ozone standards or there are no monitoring data for the area, and the EPA has not made a

determination that the area is contributing to a violation in a nearby area.

After considering the March 2009 ozone designation recommendations from Arkansas and other relevant

technical information, including 2008-20 I0 air quality data, the EPA intends to modify the state's

recommended area designation and boundary for the Memphis area. Arkansas recommended that

Crittenden County be designated nonattainment. At this phase ofthe process, in addition to Crittenden

County, we intend to designate as nonattainment Shelby County, Tennessee, and the portion of DeSoto

County, Mississippi, that is included in the Memphis Urban Area Metropolitan Planning Organization

(MPO) because of the emissions from these areas. The enclosed Technical Support Document provides a

detailed analysis in support thereof. The EPA intends to designate all other areas of the state as

uncl assifiablelattainment.

The EPA will continue to work with state officials regarding the appropriate boundary for the Memphis

area. If Arkansas has additional information that you would like the EPA to consider, please submit it to

us by February 29,2012. The EPA will also make its preliminary designation decisions and supporting

documentation available to the general public for review and comment. We will be announcing a 30-day

public comment period shortly in the Federal Register. After considering additional information we

receive, the EPA plans to promulgate final ozone designations in the spring of2012.

The EPA is committed to working with the states and tribes to share the responsibility ofreducing ozone

air pollution. Current and upcoming federal standards and safeguards, including pollution reduction rules

for power plants, vehicles and fuels, will assure steady progress to reduce ozone-forming pollution and

will protect public health in communities across the country. We look forward to a continued dialogue

with you and your staff as we work together to implement the 2008 ozone standards. Should you have

any questions, please do not hesitate to contact me (214) 665-2100, or have your staff contact

Mr. Guy Donaldson ofmy staff at (214) 665-7242.

Enclosure

cc: Ms. Teresa Marks, Director

Arkansas Department of Environmental Quality

Ms. Trudy Fisher, Executive Director

Mississippi Department of Environmental Quality

Mr. Robert Martineau, Commissioner

Tennessee Department ofthe Environment and Conservation