# 1997 NAAQS Eight

- Hour Ozone
Revised Maintenance Plan
for Shelby County, Tennessee

Prepared by:

Shelby County Health Department

Pollution Control Section

814 Jefferson Avenue Memphis, Tennessee 38105

January 22 May 1 , 2014

### TABLE OF CONTENTS

I. NON REGULATORY PORTION 1

1. Purpose 1

2. Background 1

3. Pollutants t o b e Reduced 2

4. Reduction Quantities 3

5. Emission Reduction Requirements 3 4

6. Emission Reductions 4

7. Regulatory Analysis 4

8. Intergovernmental Consultation 6

II. REGULATORY PORTION 7

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

9

. Revised Maintenance Plan 7

A. Projections 7

B. Motor Vehicle Emission Budgets 9

C. Air Quality Monitoring Network 11

D. Triennial Emission Inventory 12

E. Stationary Source Control 12

F. Voluntary Measures 12

G. Contingency Provisions 17

10

. Meet All Requirements Under Section 110 And Part D o f t he CAA 19

11. Public Comment 20

Attachments

Attachment I

- Federal Registers (in chronological order)

Attachment II

- Intergovernmental Consultation

Attachment I I I

- MOVES2010b Input Files

Attachment I V

- MOVES2010b Output Files

Attachment V

- Cleo Inc

. Documentation

Attachment V I

- Air Quality Monitoring

Attachment VI I

- 2003 SIP Submittal

Attachment VII I

- Supplemental Support Documents

Attachment IX

- Public Participation

Attachment X

- Redline Version of Revised Maintenance Plan1 

### I. NON REGULATORY PORTION

1. Purpose

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

reductions to off

- set emission benefits assigned to the City of Memphis’ Inspection and Maintenance (I/M) program in the Shelby County Ozone Maintenance Plan (2010 O 3 Maintenance Plan) approved by the Environmental Protection Agency (EPA) (75 Fede ral Register (FR), January 4, 2010 (see Attachment I)). This revision identifies the types and amounts of emission reductions

attributable to I/M and where equivalent reductions will be achieved to off

- set those I/M reductions so that this updated maintena nce plan may be adopted

.

If all other components of this plan are approved, Shelby County requests that the specific components of the City of Memphis’ I/M program approved into the State Implementation Plan (SIP) in 1986 be formally removed from the SIP to include removal from the 2010 O 3 M aintenance Plan, as these new components will substitute for the air quality benefits attributable to I/M. The

revised 2010 O 3 M aintenance Plan will continue to identify county

- wide basic I/M as a contingency

measure an d identify the events or conditions that would cause it to be triggered for implementation.



### 2. Background

The City of Memphis was designated as nonattainment of the carbon monoxide (CO) National Ambient Air Quality Standard (NAAQS) in 1978 (43 FR, March 3, 1978 (the 1978 document is not available but the date is referenced in 45 FR, p. 53810, left hand column, August 13, 1980 (see Attachment I))). Local transportation sources in the urbanized area were identified as the prime

contributors of CO to monitor ed CO violations. As a result, I/M was adopted as the control strategy

to return the area to attainment of the CO standard.

Effective on August 31, 1994, the CO nonattaiment area was redesignated to attainment of the CO standard (59 FR, p. 44938, August 3 1, 1994 (see Attachment I)). The initial 10

- year maintenance plan approved with that redesignation contained a continuation of the approved I/M program. Subsequently, further improvements in automotive technology led to a consistent reduction in locally mo nitored levels of CO. A required second 10

- year CO maintenance plan was approved by the EPA (71 FR, p. 62384, October 25, 2006 (see Attachment I)) and demonstrated that I/M was no longer needed to maintain the CO NAAQS. The benefits of the continuation of the I/M program were not relied upon in that maintenance plan update.

In 2004, Shelby County

, Tennessee, along with Crittenden County

, Arkansas, was designated nonattainment of the 1997 ozone (O 3 ) NAAQS, with a classification of ‘moderate’ (69 FR, p.

2385 8, April 30, 2004 (see Attachment I)). Under Part D, Subpart 2 of the Clean Air Act Amendments of 1990 (CAA), moderate O 3 nonattainment areas with a county population over a given threshold are required to adopt a county

- wide I/M plan as part of the requir ed SIP (CAA Section 182(b)(4)). At the time, the area’s O 3 design value (DV) was within CAA requirements (Section 181(a)(4)) to consider reducing the classification from moderate to marginal nonattainment of the 1997 ozone NAAQS. Shelby County worked close ly with the State of Tennessee, Crittenden2 County and the State of Arkansas to prepare a petition for reconsideration. All parties involved in the petition adopted additional measures to control O 3 - forming emissions in the region. EPA granted the petition (69 FR, p. 56697, September 22, 2004 (see Attachment I)) which removed the SIP planning requirements mandated of moderate ozone non

- attainment areas, including the adoption of a county

- wide I/M program in Shelby County.

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

The area failed to achieve attainment on that date and in accordance with CAA Section 181(b)(2)(A), EPA reclassified the area to moderate O 3 nonattainment (73 FR, p. 16547, March 28,

2008 (see Attachment I)). This reclassification again reset the attainment date, this time to June 15, 2010 with a SIP submittal due date of March 1, 2009. That SIP was to include all CAA requirements of a moderate O 3 nonattainment area, including county

- wide I /M in Shelby County.

The end of the 2008 ozone monitoring season resulted in the DV for the entire ozone nonattainment area meeting the 1997 O 3 NAAQS. Shelby County and the State of Arkansas prepared separate redesignation requests and maintenance plans for their portions of the non

- attainment area and coordinated their efforts in crafting the submittals. The separate submittals were made because Arkansas submits plans to EPA Region 6 headquarters in Dallas, Texas, while submittals from

Tennessee are dire cted to EPA Region 4 headquarters in Atlanta, Georgia. After review and approval by the Tennessee State Air Board, the Shelby County request was submitted to EPA Region 4 in February, 2009.

EPA took final action on the Shelby County submittal (75 FR, January 4, 2010 (see Attachment I)) by approving the maintenance plan and redesignating the Shelby County portion of the nonattainment area to attainment with an effective date of February 3, 2010. While this removed the immediate requirement to adopt coun ty

- wide I/M, the approved maintenance plan included a continuation of the City of Memphis I/M program and set a county

- wide I/M program as a contingency measure in the event that the 1997 O 3 NAAQS was violated after redesignation to

attainment.

In mid

- 201 2, the Memphis City Council voted to defund the operation of the City of Memphis I/M program beginning with Fiscal Year 2013/2014. Vehicle inspection operations at all four City of Memphis inspection stations ended on June 28, 2013. This termination of ser vices is the principal reason this plan has been drafted and submitted as a failure to correct the potential violation of the SIP by not conducting these vehicle inspections may lead to the imposition of available sanctions authorized by the CAA.



### 3. Pollu tants to be Reduced

Although I/M was first implemented as a CO control measure, the program was shown to be unnecessary for continued maintenance of the CO NAAQS in the second 10

- year maintenance plan

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

revision of the 2010 O 3 Maintenance Plan. However, as the City of Memphis’ tailpipe I/M program

is included as a control measure in the 2010 O 3 Maintenance Plan, reductions of ozone precursors identified by EPA as oxi des of nitrogen (NO

x ) and volatile organic compounds (VOC) are attributable to the program, and therefore must be addressed. Although it may be possible with3 analysis to substitute NO

x and VOC’s for one another, the goal of this plan is to provide an off

- s et
at a ratio of 1.1 to 1.0 for each pollutant.



### 4. Reduction Quantities

Information can be found in the document, “Methodology Used for MOVES Runspec”, which describes the various parameters required to set up the MOVES Run Specification file for the

MOV ES2010b model. Information concerning methodology used to calculate mobile source emissions, temperatures, Reid Vapor Pressure, and humidity can be found in the document titled “Methodology Used to Develop MOVES Inputs”

. Both documents are located in Attac hment VIII

- Supplemental Support Documents of the maintenance plan revision.

The quantities of NO

x and VOC reductions creditable to the City of Memphis’ I/M program were determined using the most current EPA approved on

- road emission model, MOVES2010b, and inputs developed by the current travel demand model (TDM) used by the Memphis Area Metropolitan P lanning Organization (MPO). These figures match those provided by the contractor for the MPO to conduct this modeling and are the most current available. After consultation with air quality and conformity partners on the MPO (as documented in Attachment II

– Intergovernmental Consultation ), 2013 was chosen as the year for analysis of the affected change in

emissions. While I/M testing ended in mid

- 2013, the air quality benefits associated with the program extends for the remainder of the 2013 ozone season a s inspection and maintenance had occurred for all vehicles with effectiveness dropping off at a rate of approximately one twelfth (8.33%) per month or 25% by the end of September. Historically elevated levels of ozone after

October 1 st are rare.

2013 inpu ts for the MOVES2010b model were developed by interpolating TDM results for 2011 and 2015 in order to achieve 2013 emission reductions attributable to the Memphis I/M program. The results of this interpolation are provided in Table I below:

TABLE I



### 2013 I nspection and Maintenance Program Comparison *

No I/M With I/M Change

tons/day tons/day tons/day %

VOC 13.609 13.257 0.352 2.66 %

NO x 29.652 29.652

- 0.00%

* As calculated by the SCHD

- PCS (see MOVES2010b Input File s in Attachment III)

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

category.

At 0.352 tons of VOC and 0.000 tons of NO

x emissions per ozone season day, the target for alternative emission reductions to replace the effect of the City of Memphis discontinuing the I/M program are calculated as the actual emissions increase that must be offset is 129 128.48 tons per

year (tpy) (0.352 tons per day times 365 days per year) of VOC and no reductions in NO

x .



### 5. Emission Reduction Requirements4 Creditable emissions reductions for use as off

- sets during nonattainment must be quantifiable,

enforceable

, and permanent. Additionally, to the extent possible, they should be contemporaneous with the loss of the air qualit y benefits of the I/M program so as not to negatively affect local air quality in the short term. Further, reductions cannot be those that are otherwise required due to existing or new federal control requirements, or from the implementation of controls re quired from enforcement actions or prior SIP requirements.

Due to the current ozone non

- attainment status of Shelby County currently being classified as marginal non

- attainment of the newer 2008 O 3 NAAQS , any past reductions that meet the criteria of being available for an emissions credit bank that can be used for industrial permitting off

- sets, should be viewed as contemporaneous if those emissions are removed from the emissions bank and

are therefore n o longer available for industrial off

- sets. Since the area is classified as marginal nonattainment, the off

- set requirements are 1.1 to 1 (CAA Section 182). This means banked credits available must be divided by 1.1 to determine the amount available from t his source for off

- set
credit.



### 6. Emission Reductions

The Shelby County Health Department , Pollution Control Section (Department), has identified reductions from the 2011 closure of Cleo Inc. (source number 0153) as banked emissions available for industrial permitting off

- sets. The company ceased operation partway through CY 2011 and surrendered their Title V major source air polluti on permit, making the reductions permanent and enforceable (see Attachment V). Cleo Inc. reported and paid air pollution fees on actual VOC

emissions of 239.1 tons in 2009 and 254.5 tons in 2010. Since the DV used to designate the area

nonattainment was ba sed on 2009

- 2011 data, these stationary source emissions contributed to that

DV and therefore are available as off

- set credits. Dividing the average of the last two full years of operation by 1.1, results in 224.4 tons that are available to be used as off

- sets. During the same operational period, Cleo averaged 1.09 tpy of NO

x emissions, which have also been removed from the current local emissions inventory.



### 7. Regulatory Analysis

Carbon Monoxide (CO) and Ozone (O 3 )

This proposal satisfies both the requir ements of Section 110(l) and Section 193 of the Clean Air Act (CAA). Section 193 reads as follows:

Each regulation, standard, rule, notice, order and guidance promulgated or issued by the Administrator under this chapter, as in effect before November 15, 1990, shall remain in effect according to its terms, except to the extent otherwise provided under this chapter, inconsistent with any provision of this chapter, or revised by the

Administrator. No control requirement in effect, or required to be adopted b y an order, settlement agreement, or plan in effect before November 15, 1990, in any area which is a nonattainment area for any air pollutant may be modified after November 15, 1990, in any manner unless the modification insures equivalent or greater emiss ion reductions of such air pollutant.5 This provision requires EPA to call for “equivalent or greater reductions” before it can allow termination of the I/M program, but it only applies to a pollutant for which the area is currently non

attainment. Hence, there is a need to compensate with appropriate emissions off

- sets any increases

in NO

x and VOCs as precursors t o ozone.

There is no requirement for equivalent reductions for CO becau se the Memphis area is now designated attainment for CO and is under its second ten

- year maintenance plan

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

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

maintenance of the CO standard. See 71 FR , pp. 62384

- 62388, October 25, 2006 which is included

in Attachment I

. This demonstration and the safety margin provided in the second ten

- year maintenance plan meet the mandate of Section 110(l) of the CAA which states in par t:

... The Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of

this Act

.

This revision of the O 3 Maintenance Plan will not interfere with continued attainment of the CO NAAQS.

Similar to the CO discussion above, the O 3 Maintenance Plan is an applicable requirement that calls for the operation of an I/M program. This action modifies that plan and provides greater contemporaneous emission reductions than those achieved by the I/M program.

The method selected to demonstrate off

- setting emissions and request a revision to the O 3 Maintenance Plan is not without precedent. EPA has taken action to allow termination of I/M obligations for Louisville, Kentucky in 2005 (70 FR, p. 28429, May 18, 2005 (see Attachment I),

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

Milwaukee area (78 F R, p. 24373, September 19, 2013 (see Attachment I)). Moreover, it is consistent with the approach proposed by the Illinois EPA to reduce the s cope of vehicle coverage

of the I/M programs in the Chicago and East St. Louis areas

. This request involved drop pi ng older vehicles that are not equipped with On

- board Diagnostic (OBD) computer ports from the vehicles required to undergo emissions inspection (78 FR, p. 68378, November 14, 2013 (see Attachment I))

.

Critical to the Louisville and Wisconsin revisions wa s the reliance upon stationary source emission reductions, and similarly, the proposal in Illinois is reliant on the shutdown of stationary sources as the source of “equivalent or greater reductions” for lost emissions reduction benefits from operation of the I/M programs. Likewise, the Memphis proposal relies upon use of a portion of the emission credits resulting from the shutdown of the Cleo Inc. plant in 2011.

N itrogen Dioxide (NO 2 ) In 2010, EPA established a new 1

- hour NO 2 NAAQS of 100 parts per billion (ppb) and retained the existing annual NO 2 NAAQS of 53 ppb. The Memphis area is in attainment of this standard and is6 expected to maintain that status. NO 2 is a subset of NO x, and as shown in the modeling and discussed above regarding the O 3 NAAQS, the elimination of the tailpipe

- only I/M program results

in no increase in on

- road NO

x emissions. Therefore, approval of this Plan amendment will not

interfere with the area’s ability to attain or maintain the NO 2 NAAQS.

Lead (Pb) In 2008, EPA strengthened the Pb NAAQS to 0.15 μg/ m 3 , rolling 3

- month average. The Memphis area is in attainment of this standard and is expected to maintain that status. Pb is no longer

blended was phased out of into on

- road motor fuel over 20 years ago , so that component of mobile

sources has no contribution to Pb emissions. Therefore

, approval of this Plan amendment will have no impact on Pb emissions in the community not interfere with the area’s ability to attain or

maintain the Pb NAAQS

.

Sulfur Dioxide (SO 2 ) In 2010, EPA established a new 1

- hour SO2 NAAQS of 75 ppb and revoked the 24

- hour and

annual standards. The Memphis area is in attainment of this standard and is expected to mainta in

that status. SO 2 is emitted from motor vehicles, but the amount emitted is a function of the sulfur content of the fuel being combusted. The I/M program did not address fuel composition. In fact, recent changes in the federal requirements for the sulfur content of on

- road gasoline and on

- road

diesel fuel has resulted in a dramatic decrease in SO 2 emissions attributable to on

- road sources.

Therefore

, approval of this Plan amendment will have no impact on SO 2 emissions in the community. not interfere with the area’s ability to attain or maintain the SO2 NAAQS.

Particulate Matter (PM) Shelby County is in attainment of all current PM standards based upon 2010

- 2012 air quality data. Local annual and daily design values of 10.88 micrograms per cubic meter (μ/m 3 ) and 20.47 μ/m 3

, respectively, are well within the new fine particulate matter (PM 2.5 ) NAAQS of 12 μ/m 3 (annual) and 35 μ/m 3 (daily). Also, local monitoring has shown a steady decrease in PM concentrations over

many years

. O ngoing stationary source and m obile source changes are expected to continue that

trend. The tailpipe I/M program only tested for excess CO and hydrocarbons (VOCs) from gasoline powered motor vehicles. Studies have shown that VOCs can be a precursor to PM in certain

chemical and meteoro logical circumstances. This revision to the maintenance plan offers a 1.1 to 1

reduction of VOCs in the local airshed which should off

- set any increase in PM concentrations from the program’s closure.



### 8

. Intergovernmental Consultation

Crucial to the proc ess to assure continuity and consistency between agencies throughout Shelby County, the State of Tennessee, and Region 4, is the intergovernmental consultation process required by 40 CFR 51, Subpart M. Information related to interagency contact and discuss ion can

be found in Attachment II

. This information validates the cooperation that has been achieved between the parties that have worked together through this revision process. The help and cooperation received has been needed and is much appreciated.7 II. REGULATORY PORTION

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



### 9

. Revised Maintenance Plan

In accordance with the 1990 Clean Air Act Amendments, Section 107(d)(3)(e) and Section 175A, the following sections

, including revisions to those sections necessary to adjust for increases in NO

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

demonstrate maintenance of the 1997 8

- hour NAAQS throughout the maintenance period. Th is

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

to be carried out until November 30, 2021

. During these years, the plan contains commitments to continue existing programs and to implement programs and measures depending upon emission inventory and air quality monitoring results. These provisions of the plan assure both an on

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

measures in the event unf oreseen developments overwhelm the effectiveness of the mandated effort

to maintain the 1997 8

- hour ozone NAAQS.

A. Projections

– With this revision, Shelby County area and non

- road source s of emissions for

2021 remain the same as those provided in the 2010 O 3 Maintenance Plan approve d by the EPA ( 75 FR, January 4, 2010 (see Attachment I)) . However, with the exception of point and on

- road source

emissions have changed

. On

- road emissions for 2006 and 2021 were remodeled utilizing

MOVES2010b

, which repl ace d and updated estimates from the previous model

, M OBILE 6 .2 used for this purpose

. Point source emissions for 2006 remain the same

. 2021 point source emissions for

VOC’s and for NO

x have been adjusted from the 2010 O 3 Maintenance Plan by subtracting the

emissions that were credited to the closure of Cleo Inc

. The actual emissions resulting from the closure, in the amount of 0.676 tpd VOC

, are more than sufficient to account for the 0.387 tpd (0.352 tpd times 1.1) needed to off

- set the VOC emissions increa se resulting from the shutdown of the I/M Program, there being no change in NO

x emissions from the shutdown

. In keeping with the required 1.1 to 1 off

- set ratio, the local emissions banked will be reduced by 0.352 multiplied by 1.1 which yields 0.387 tpd o r 141.3 tons per year (tpy)

. The emissions bank will therefore include the remaining VOC emissions that result from the shutdown of Cleo Inc. i n the amount of 0.289 tpd or 105.5 tpy. Projections for on

- road mobile, point, area, and non

- road mobile sources are presented in Table II and were projected forward from the 2006 invent ory to 2021 (taking into account the 2013

I/M and Cleo Inc

. changes) , beyond the 10

- year interval required in Section 175(A) of the CAA. This maintenance demonstration projects the fu ture emissions of VOC’s and NO

x will remain below those of base year 2006.

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

and in Figures 1 and 2

.8 TABLE II
Summer Season Tons Per Day

Volatile Organic Compounds Emission Inventory

Type Inventory Year Area Non

- Road On

- Road* Point** Total Baseline

Baseyear 2006 37.531 22.698 24.167 23.98

6 13.665 98.061 97.88

0 98.061 97.88

0

Projection 2021 47.039 19.734 8.558 17.715 93.046 98.061 97.88

0 Nitrogen Oxides Emission Inventory

Baseyear 2006 2.101 26.657 58.013 14.458 101.229 101.229

Projection 2021 2.695 21.607 16.035 18.373 58.710 101.229

Note: to resolve double counting, the point source emission estimates for Graphic Arts and Degreasing

were subtracted from the area source emissions estimates. To accomplish this task, both the SIC and the SCC codes of the categories believed to be involved were located and the related emissions were then

used.

* 2006 On

- Road emissions include the effect of I&M reductions on City of Memphis vehicles. As a result of the cessation of the I&M program by the City of Memphis in 2013, I&M reductions can no longer be included in 2021 projections. Estimates are made utilizing MOVES2010b.

** Cleo Inc. terminated their operating permit in 2011. 2009 and 2010 actual emissions of VOC amounted to 239.1 and 254.5 tons per year (tpy) as certified by the source for each of those years. These figures, averaged and divided by 365 results in 0.676 tpd which is subtracted from the 2010 O 3 Maintenance 2021 projection of 18.391 tpd yielding the point source emissions of 17.715 tpd for 2021.



### Figure 19 

### Figure 2

B. Motor Vehicle Emissions Budgets

- The transportation conformity rule found in 40 CFR Part 93 requires specific emission budgets be defined for the on

- road mobile sources portion of the Shelby County emission inventory. These budgets are used by transportation authorities to assure

that transportation plans, programs, and projects are consistent with, and conform to, the maintenance of acceptable air quality in Shelby County. Section 93.118(b) states in part:

Consistency with the motor vehicle emissions budget(s) must be demonstrated for each year for which the applicable (and/or submitted) implementation plan specifically establishes motor vehicle emissions budget(s), for the attainment year (if it is within the timeframe of the transportation plan), for the last year of the transportati on plan's forecast period, and for any intermediate years as necessary so that the years for which consistency is demonstrated are no more than ten years apart

These projections for on

- road mobile, point, area, and non

- road mobile sources are presented in Table II and were projected forward from the 2006 inventory to 2021 (taking into account the 2013

I/M and Cleo Inc

. changes), beyond the 10

- year interval required in Section 175(A) of the CAA. This maintenance demonstration projects the future emissions o f VOC’s and NO

x will remain below those of base year 2006.

In accordance with Section 93.118, this maintenance plan sets motor vehicle emission budgets (MVEB) for Shelby County

, based on a 2006 attainment base year inventory with 2021 as the final year of the plan

, . With this revision of the maintenance plan, 2021 p oint and on

- road sources of

emissions have changed but area and non

- road source categories and remain the same as thos e provided in the 2010 O 3 Maintenance Plan approved by the EPA ( 75 Federal Register, January 4, 2010 (see Attachment I))

. , with the exception of point and on

- road source emissions. On

- road emissions for 2006 and 2021 were remodeled utilizing MOVES2010b which replaced and updated estimates from the previous model, MOBILE6.2. Point source emissions for 2006 remain the same. 2021 point source emissions for VOC’s and for NO

x have been adjusted from the 2010 O 310 Maintenance Plan by subtracting emissions credited to the closure of Cleo Inc

. in 2013

, and then

ratioed to assure total off

- set of the increase in emissions resulting from the shutdown of the City of Memphis I/M Program. Table III depicts the inventory analysis used to set the MVEBs. MVEBs for

VOC’s and NO

x are contained in Table III and are depicted in Figures 3 and 4

.

TABLE I II Summer Season Tons Per Day
Volatile Organic Compounds Motor Vehicle On

- Road Emission Budget (MVEB)

Type Inventory Year Area Non

Road On

- Road Point Offsets

from

Cleo Inc.

1.1 : 1 Total Baseline Safety Margin Percent On

Road

Allocation

Percent of

Safety Margin to

MVEB On

Road Motor

Vehicle Safety Margin On

- Road Budget MVEB

Baseyear 2006 37.531 22.698 24.167 23.986 13.665 N/A 98.061 97.880 98.061 97.880 N/A N/A N/A 24.167 23.986

Projection 2021 47.039 19.734 8.558 17.715 0.387 93.433 98.061 97.880 4.447 0.95 4.396 4.224 12.954 12.782

Nitrogen Oxides Motor Vehicle On

- Road Emission Budget (MVEB)

Baseyear 2006 2.101 26.657 58.013 14.458

- 101.229 101.229 N/A N/A N/A 58.013 58.013

Projection 2021 2.695 21.607 16.035 18.373

- 58.710 101.229 42.519 0.95 40.393 56.428

Note: to resolve double counting, the point source emission estimates for Graphic Arts and Degreasing were subtracted from the

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

involved were located and the related emissions were then used.

* 2006 On

- Road emissions include the a e ffect of I&M reductions on City of Memphis vehicles. As a result of the cessation of the I&M program by the Cit y of Memphis in 2013, I&M reductions can no longer be included in 2021 projections. Estimates are made utilizing MOVES2010b. ** Cleo Inc. terminated their operating permit in 2011. 2009 and 2010 actual emissions of VOC amounted to 239.1 and 254.5 tons

per year (tpy) as certified by the source for each of those years. These figures, averaged and divided by 365

, results in 0.676 tpd

which is subtracted from the 2010 O 3 Maintenance 2021 projection of 18.391 tpd

, yielding the point source emissions of 17.715 tpd

for 2021. On

- road emissions increased as a result of the shutdown of the City of Memphis I/M program by 0.352 tpd. Em i ssion reductions from the closure of Cleo Inc. amounted to 0.676 tpd. Of this amount 0. 387 tpd (0.352 tpd times 1.1) were used to offset

the on

- road emission increase.

The MVEBs for VOC’s and NO

x are restated as shown in Table IV to better clarify their values and are depicted in Figures 3 and 4 to further improve this clari ty

.

TABLE IV

Year Pollutants MVEB (tons/day)

2006 VOC 23.986

NOX 58.013

2021 VOC 12.782

NOX 56.428

Figure 311 Figure 4

The MVEB reflects the total on

- road mobile source emissions for 2021 plus an allocation from

available VOC and NO

x safety margins. The allocation from the safety margins is available because

of reductions of VOC and NO

x that have occurred, and are projected to occur, primarily from

mobile sources. VOC and NO

x reductions are anticipated from point and the non

- road mobile

source category ca tegories but are expected to increase in the point source category due to future

economic factors

. Th e point source emissions increase shown in Table III does not take into

account reductions from known point source closures with the except ion of Cleo Inc.

, but not to the extent that they occur i n the on

- road source category. VOC reductions from area sources are also anticipated to occur due to control techniques instituted on a federal level on industrial manufacturing activities. However, future populatio n increases act to balance area source

reductions such that there is a net increase in V OC emissions in this category. The MVEB is constrained to assure that the total emissions from all source categories do not exceed the 2006 attainment year emissions.

Under 40 CFR 93.101, the safety margin is the difference between the attainment level and the projected level, from all sources, of emissions in the maintenance plan. The attainment level of emissions is the level of emissions during one of the years in wh ich Shelby County met the 1997 8

- hour ozone NAAQS. The safety margin, in whole or in part, can be allocated to the transportation sector as long as total emissions from all categories remain below the attainment level. Ninety

- five percent (95%) of the safe ty margin emissions are allocated to the MVEB. Specifically, 4.752 4. 224 tpd of the available VOC safety margin and 40.390 40.393 tpd of the available NO

x safety margin

, are allocated to the 2021 MVEB. The remaining safety margin in 2021 for VOC is 0.25 0.2 23 tpd

and for NO

x is 2.126 tpd. The MVEB is consistent with the plan for maintaining total emissions from all source categories at or below the 2006 VOC and NO

x emission levels through 2021. For future year conformity determinations, transportation authorit ies should rely on the MVEB unless plan revisions occur.

C. Air Quality Monitoring Network

– The existing Shelby County ozone air quality12 monitoring network will continue to be operated in its present configuration. Any change to the present configuration will be in accordance with the Memorandum of Agreement (MOA) finalized on June 20, 2008 between the Shelby County Government, Arkansas Department of Environmental Quality (ADEQ) and the Mississippi Department of Environmental Quality (MDEQ). This MOA is

i n accordance with 40 CFR 58 Appendix D, Section 2(e)

, and is located in Attachment V I along

with a 2014 map showing ozone monitor locations in the Memphis MSA. In addition, any changes in the air monitoring network will be discussed with EPA prior to the c hange.

D. Triennial Emission Inventory

– In order to track the progress of the maintenance plan, a triennial emission inventory of actual emissions for Shelby County will be performed using the latest emission factors, models and methodologies to include area, non

- road mobile, on

- road mobile and point sources of VOC and NO

x . The first year for inclusion as an inventory year considering the

date of this revision to the 2010 O 3 Maintenance Plan is 2014. Successive inventory years will be 2017 ( which is also a transportation emission budget year that coincides with the Shelby County Revised CO Maintenance Plan) and 2020

.

E. Stationary Source Control

- Sources wishing to locate in Memphis will continue to undergo new source review requirements. Existing statio nary source control will continue. Companies will continue to be sought for the purpose of voluntarily reducing VOC and/or NO

x emissions where possible. Implementation of new federal control measures, as expected and where and when appropriate, will contin ue to be required.

The NO

x SIP Call indicated that Tennessee’s 8

- hour ozone nonattainment areas received significant contributions from several upwind states. The Department believes that additional NO

x emission reductions to comply with the NO

x SIP call will contribute to continued compliance with the Ozone NAAQS in the area.

The Clean Air Interstate Rule (CAIR) updates and expands the NO

x Budget Trading Program required by the NO

x SIP call and continues to require additional NO

x reductions tha t began in 2009. The CAIR also includes reduction requirements in states not previously included in the NO

x SIP

call that could have a positive impact on ozone air quality in the Memphis area. These include, Mississippi, Arkansas, Louisiana, and Missouri. The significant additional NO

x reductions required by CAIR are expected to aid in the maintenance of the 8

- hour ozone NAAQS in this area.

F. Voluntary Measures

The Department, as well as other entities in the County and the State, continues to research and implement voluntary measures that have a positive effect on local air quality. Some of the agencies

involved in this effort include: The Shelby County Health Department Pollution Control Section, the Memphis Area Transit Authority (MATA), Memphis Light Gas and Water (MLGW), the Metropolitan Planning Organization (MPO), the Shelby Farms Park Conservancy, and the Memphis and Shelby County Division of Planning and Development which includes the Memphis and Shelby County Office of Sustainability.

1. Energy Reduction:13 There are many individual energy reduction projects that have recently occurred in the

nonattainment area. Many of these have come about due to political leadership encouraging such projects through several initiatives.

As one example, the Gr een Building Task Force reviewed the E xisting B uilding Code , among other such materials, recommend ing revisions that would lead to Memphis and Shelby County becoming a regional leader for green buildings, sustainable development, and adaptive reuse of exis ting buildings in the jurisdiction

. The task force and consultant submitted their final recommendations

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

bodies. Once adopted it is estimated these codes could reduce utility consumption by at least 933,790 kilowatt

- hours ( kWh ) on an annual basis.

The C lean and Green Initiative ( www.memphiscleanandgreen.com ) is a 5 year strategy for developing renewable energy at municipal facilities. Led by Memphis Bioworks Fo undation, in conjunction with Siemens Industry, Inc., Building Technologies Division, the specific activities

associated with the Clean & Green Initiative include: energy conservation and reduction in municipal buildings and facilities, including street li ghts; energy generation, including solar or other technologies; conversion of vehicles to compressed natural gas (CNG); public safety efforts, including street lighting; trash recycling and redeployment of materials; biomass conversion to energy, liquid fu els and chemicals; waste remediation and environmental clean

- up; and waste and water management systems that preserve energy, improve the environment and increase the value of City services.

In The Mayors’ Energy Challenge, City of Memphis Mayor A C Whart on, Jr. and Shelby County Mayor Mark H. Luttrell, Jr. have partnered with Pathway Lending, a non

- profit commercial lender in Tennessee, as well as the State of Tennessee, MLGW, and the T ennessee V alley A uthority to present the Challenge to business owners and residents in Memphis and Shelby County. This public

- private partnership is designed to provide the necessary tools and resources to motivate individuals in the community to make their homes and businesses more energy efficient. This provides a threefol d return to the community: individuals will be able to save money; contractors will have more business opportunities; and there will be less carbon emitted in the community.

Examples of some of the projects inspired by these and other initiatives include:
 Visitor’s Center at Shelby Farms

. This building underwent an energy conservation based

renovation in 2012. A new HVAC system, window tinting and UV

- lamp to clean the HVAC

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

renovations

.  Trustee’s B uilding at 157 Poplar Ave

. This building was refurbished last year. This work

included the installation of a new more energy efficient HVAC system and other energy conservation upgrades.
 Sears Crosstown Sustainability Improvements. The historic Sears Crosstown building is being preserved and redeveloped as a mixed

- use vertical urban village in Midtown Memphis. Eight Founding Partners have committed to inhabit nearly 600,000 square feet of the historic building. The proj ect seeks to use $2.01 million in Qualified Energy Conservation Bond proceeds to finance a number of sustainable design elements, including rainwater harvesting,14 green roofs, low

- flow plumbing fixtures, high efficiency building systems, and light emitting diode (LED) lighting among other items.
 20 public electric vehicle (EV) charging stations in Shelby County as reported on the EV

website: http://www.blinknetwork.com/blinkMap.html
 Solar Energy Generat ion Installations:

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

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

• All Better Pediatrics: a 28 kW array

• Memphis Pediatrics Germantown: a 50 kW array

• St. Agne s

- St. Dominic School: 17.4 kW array

• Brother Industries: two 59.8 kWh solar farms. Additionally, i n 2012, Brother installed a High Efficiency Air Compressor to replace a n inefficient unit installed in 1998. The new compressor consumes 171,000 less kW per ye ar due to the compressor using a variable drive system.

2. Land Use Planning:

The Memphis and Shelby County Office of Sustainability has been charged with the implementation and oversight of the Sustainable Shelby Implementation Plan developed from extensive community input in 2008

. The Office is local government’s leading advocate and resource for sustainability and coordinate s various regional initiatives. One such initiative is the ongoing updating of the recently adopted Unified Development Code (UDC) designed to reduce sprawl, encourage renewed urban development, and make communities more people focused. Through this office, Shelby County Government received a $2.6 million grant that is being used to establish a “greenprint” plan

. This plan will establish a unified vision for a region

- wide network of greenspace areas including parks, greenways, byways, blueways, conservation lands, natural areas, wildlife management areas, open space areas, and other similar spaces. A consortium o f greenway organizations, related businesses and local and state governments is leading the planning effort.

In addition to the new UDC and the Regional Greenprint plan currently being developed, the City of Memphis recently adopted a Complete Streets pol icy that will complement the other two

. This helps to ensure that future development and redevelopment will focus on providing accommodation to all users of transportation and public spaces.

3. Transportation:

The Tennessee Department of Transportation ( TDOT) has been aggressively working on an Intelligent Transportation System in Shelby County. In 2007, the system was made fully functional with the completion of the local control center. Besides assisting in managing flow on local expressways and improvi ng incident response times

, which greatly reduce congestion and associated pollution, the message boards are used to alert citizens to unhealthy air quality forecasts and encourage actions to avert such episodes.

Shelby County is experiencing dramatic gro wth in greenway and bicycle trail planning and

construction. The 6.5 mile Shelby Farms Greenline has been a community

- building success and it is15 to be extended seven miles east from the current eastern terminus at the centrally

- located 4,500

- acre Shelby Fa rms Park. Additionally, the Wolf River Greenway continues to be expanded with the future goal of having an off

- road path from the Mississippi River to the eastern edge of the County

.

The Main to Main Multi

- Modal Connector Project (http://main2main.com) will include major infrastructure repairs and improvements on Downtown Memphis' Main Street from Uptown to the Harahan Bridge and convert the Harahan Bridge into a bike/pedestrian path. This project is made possible by $15 million in federal funds through the Transportation Investment Generating Economic Recovery Grant (TIGER IV)

, as well as matching grants from state and local funds and private funds.

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

the Mi ssissippi River Corridor Trail to various points in the city. The southern route expansion will create a recognized access to jobs because it will directly connect neighborhoods to the business district and industrial complexes in Memphis within Shelby Cou nty. The goal is to create a Trails Plan that includes the expansion of the southern route which will provide an alternative transportation choice.

After being identified as one of the most unfriendly areas in the country for bicycles by Bicycling Magazin e , local elected officials rallied to improve the area’s position in the important transportation mode. The effort resulted in the magazine recognizing the area as the ‘Most Improved’ in its most recent evaluation. This has translated into increased public and private funding for new and innovative infrastructure projects that have received national and international recognition. These projects not only help provide safe alternative transportation choices, but also help address health and air quality concer ns in the area.

The Greater Memphis area has been the recipient of federal C ongestion M anagement/ A ir Q uality (CMAQ) funding since the program was first adopted into national highway legislation. Various projects have been evaluated, approved by the MPO and either fully or partially implemented. The area is noted as being a leader in traffic signalization projects to reduce congestion. As part of the approval process, expected emissions reductions are developed. Again, while recognizing these reductions are not creditable, the role they play in helping the area to maintain progress toward acceptable ozone air quali ty is important. Below is a summary of those programs and their expected benefit in reducing emissions. Shelby County Bike Infrastructure (miles)

FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

Shared Use Path 15 22 25 26 31

Shared Lanes 56 56 65 70 115

Bike Lanes 2 8 31 48 74

Mtn

. Bike Trails 17 17 17 17 17

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

This table notes the expansion of bicycle paths and infrastructure in Shelby County over the past five years.16 SUMMARY OF CMAQ PROJECTS AND PROJECTED EMISSIONS REDUCTIONS

Name of Project Cost ( Millions ) CO

Reduction ( tpy ) VOC

Reduction ( tpy ) NO

x Reduction ( tpy )

Shelby County Signal Project $21.13 72.580 6.076 6.540

MATA Hybrid Bus Purchase $2.4 0.03 1.9 7.7

Coordinated Signal System 1 $1.07 5.28 0.45 0.60

Coordinated Signal System 2 $1.77 40.26 3.42 4.56

Coordinated Signal System 3 $2.72 40.26 3.42 4.56

Houston Levee at Houston Hill Traffic Signal $0.12 1.65 0.14 0.19

Covington Pike Signal System $0.90 4.91 58.62 (

- 0.99)

City of Memphis

- 50

- Mile Connections $1.70 0.70 0.53 5.95

TOTAL $31.81 165.67 74.56 30.1

4. Health Department Initiatives :

Recognizing that industrial regulation was no longer the only path to clean air, i n 2007 Shelby County Government established the Air Quality Improvement Branch (AQIB) within the Pollution

Control Section. AQIB staff ha s been tasked with identifying other projects and funding sources to support local clean air efforts.

On Ozone Action Days , the cost of bus or trolley fare is subsidized from Health Department funds allowing the rider to pay just $0.25 to ride public transportation. There have been 36 action s days since their start in 2009 with an average estimated daily ridership increase for those days of 5%

- 10%. Additionally, since implementation of the program, the Memphis Area Transit Authority (MATA) reports that overall daily ridership has increased by 4%. See the t able below for additional

information.

Calendar Year Ozone Action Days Total Riders on Action Days Average Daily Ridership On Action Days

2009 3 121,548 40,516

2010 4 109,429 27,357

2011 13 350,641 26,972

2012 14 403,763 28,840

2013 2 44,405 22,203

The retrofitting of older diesel engines is a recognized cost

- effective method of reducing emissions

from mobile sources. The Department has been aggressive ly pursuing this initiative. To date, this17 program has resulted in the retrofitting of approximately 298 public school busses

, 85 sanitation

trucks and 80 public transit buses. These fleets were targeted because they are heavy diesel engine vehicles that regularly travel through heavily populated areas.

The Department also m anages a rideshare/vanpool program and supports it with a multi

- faceted education and outreach program. The education and outreach initiatives include on

- site visits to businesses, industry, events such as the local Earth Day celebration, and multi

- media a ds. Through this program, the Department was a founding planning member and participant in the now annual Tiger Blue Goes Green celebration on the campus of the University of Memphis.

In 2007, the Department received a Community

- Scale Air Toxics monitorin g grant to help further research emissions from Barge traffic on the Mississippi River. The study was completed in late

2010. As the fourth largest inland port in the United States, it is believed that this traffic could be a significant contributor to loc al air quality problems. EPA’s Office of Air Quality Planning and Standards is using information gathered during that st udy to further research the test methods utilized during this innovat i ve project. This local study identified potential problems of venting into the air of emissions from petro

- chemical barges and resulted in the tank barge industry adopting a new ‘Best Practices’ guide for petro

- chemical tank barge operators.

The Department is currently developing and preparing to implement a new and inventive air toxics monitoring project across the County. This project will document actual public exposure to toxic air pollutants across 100 census tracts and may be used to identify suspect sources of that exposure.

G. Contingency Provisions

Section 175A of the Act requires a maintenance plan to include contingency provisions to promptly correct any violation of the NAAQS which occurs after redesignation of an area as an attainment

area. In addition, in order for an area to take early action to addre ss potential violations of the NAAQS before they occur, it is recommended that contingency provisions will be enacted when specified action levels indicate the need to do so

. Shelby County is adopting a three

- phase approach to addressing ozone related air quality problems in the area. Each phase will include increasingly aggressive provisions to be implemented in the event of specified indicators.

Phase 1 is designed to respond immediately to potential ozone air quality problems and to assist the

area in m eeting the new 2008 8

- hour ozone NAAQS. Whenever the Department forecasts ozone levels above the 2008 NAAQS, an air quality alert will be issued to the local media and other interested parties. On such an alert, the following actions will take place:

• All o pen burning permits issued by the Department are suspended until the forecast shows improvement. During ozone season, holders of such permits are required to contact the office on a daily basis to determine if burning will be allowed.

• Air quality alerts , w hich began in 2009, will continue to be posted on the Intelligent Transportation System boards located on the expressway system in Shelby County

, encouraging

motorists to take actions to reduce emissions.

• The Memphis Area Transit Authority will offer great ly reduced fares on these days. The Department has received Congestion Mitigation and Air Quality funds, approved through the local MPO to support this program which began in 2009.18 • The Memphis area has a significant amount of installed standby electrical p ower generation capacity. The largest of these is a bank of standby combustion turbines operated by TVA’s

Allen Steam Plant. Beginning with the steam plant, then adopted as standard permitting practice by the Department in 2008, all such equipment is prohi bited from operation strictly for maintenance or readiness testing on ozone air quality alert days. Stationary source inspections now include a review of the operating days of this type of equipment.

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

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

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

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

, as the primary forecasts for the region

, and they use them to conduct outreach to the count ies surrounding Shelby County. The Department will continue to work with State and local agencies to encourage adoption of measures to reduce ozone formation at all times, but especially during air quality alerts.

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

increases in local emissions. This part of the plan will be implemented when the Department

certified triennial emissions inventory of VOCs or NO

x (ozone season tons per day) exceeds the 2006 base year attainment inventory by ten percent (10%) or more

, with at least one exceedance of

the 1997 ozone NAAQS being recorded at any nonattainment area monitor

, based on certified data

, during the most recent monitoring season. On this occurrence, the Department will conduct an investigation into the possible causes to determine if they are attributable to r eporting errors or a

non

- recurring anomaly in the local emission profile. The investigation will last no longer than three months when the results will be reported to the EPA and the Tennessee Air Pollution Control

Division.

If the investigation reveals the data are valid, further action is required. Following consultation with the Tennessee Air Pollution Control Division and the EPA, the Department will seek to expand voluntary programs and develop regulations for submission to a ffected local legislative bodies

, and/or the Tennessee State Air Board, as appropriate, to address the causes of concern. Proof of adoption of such regulations will be submitted to the EPA within nine months afte r the end of the investigation. All regulatory programs will be imple mented within eighteen to twenty

- four months. Such measures could include, but are not limited too:

• Programs or incentives to decrease motor vehicle use;

• Programs to require additional emissions reductions on stationary sources;

• Restrictions of certain roa ds or lanes for, or construction of such roads or lanes for use by, passenger buses or high

- occupancy vehicles

• Employer

- based transportation incentive plans; and,

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

- motorized

vehi cles when economically feasible and in the public interest.

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

nonattainment area

, according to certified data

, during the most recent monitoring season. Similar

to Phase 2, on that occasion, the Department will conduct an investigation to determine if the cause of the violation can be attributed to errors or clearly identifiable exceptional events outside of local

control. Prior to certification of the data, the Depa rtment will solicit the involvement of all State19 agencies having jurisdiction in the surrounding area. The investigation will last no longer than three months when the results will be reported to the EPA and the Tennessee Air Pollution Control

Division.

I f the investigation reveals the data are valid, further action is required. In addition to the provisions described in Phase 2, according to EPA guidance, provisions required to be implemented in such circumstances are certain measures initially required u nder the area’s ‘moderate’ designation classification

. Those provisions are:

• Expansion and implementation of a Basic I&M program in Shelby County that meets the requirements of Section 182(a)(2)(B) of the CAA.

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

NO

x emissions in Shelby County.

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

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

Within six mo nths of the Upon conclusion of the investigation, the Department will prepare regulations for submission to a ffected local legislative bodies and/or the Tennessee State Air Board, as appropriate, to adopt these controls. The effective date of these controls will be within eighteen

to twenty

- four months of from certification of final adoption by the appropriate entity the monitored

violation

.



### 9 10

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

Part D Of T he Clean Air Act

Regulations for Memphis and Shelby County were originally approved by the EPA on May 31, 1972 (37 FR 10842 to 10894) as an appendix to the Tennessee SIP. The SIP contained a section that recognized the Department as the agency with author ity for the control of air pollution in Shelby County and included a control strategy demonstration along with the Department’s regulations. In 1978, the City of Memphis was designated nonattainment for carbon monoxide and Shelby County was designated nona ttainment for ozone. Nonattainment plans, along with new control strategy demonstrations, were developed for Memphis and Shelby County

. In 1980 and 1981 (45 FR , p. 8004

, February 6, 1980 ; 45 FR , p. 53809 , August 13, 1980 ; and 46 FR , p. 43970

, September 2, 1981 (see Attachment I ), the EPA approved those plans. The Department revised the regulations in several administrative and substantive areas. The Department adopted certain portions of the State regulations, revised old regulations and recodified the air pollution control section of Memphis and Shelby County Codes accordingly. On July 7, 1986, the State of Tennessee submitted to the EPA Memphis and Shelby County regulations (Board Order 17

- 86) as a revision to

the SIP. The EPA placed the regulations on hol d until the federally approved SIP for Tennessee and Memphis could be compiled. The EPA compared the federally approved State regulations and the federally approved Memphis regulations to determine the approvability of the revised Memphis regulations. The EPA's direct final approval/disapproval of the 1986 submittal was formalized in

the Federal Register (54 FR , p. 25456, June 15, 1989 (see Attachment I) ) and became effective on August 14, 1989.

EPA concluded that the control strategy demonstration was ade quate in protecting the National Ambient Air Quality Standards. Consequently, the EPA approved the local regulations as a transfer of enforcement authority rather than as a substantive revision to the SIP. The EPA used the20 following conditions and conclusi ons to arrive at the above procedure:

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

.

• The local regulations cannot be treated as separable from the SIP, which the State submits and implements, but must be considered part of the SIP

.

• As Tennessee State law requires that a local regulation be equivalent to or not less stringent than the corresponding state regulation, the State of Tennessee must certify to the EPA that each regulation has been reviewed by the State and found to meet this requirement

.

• Tennessee must retain overall authority and responsibility for developing and implementing, including enforcing, the SIP

.

Administrative materials and regulatory documents were submitted to the Tennessee Air Poll ution Control Board on September 23, 2003 with a request that a submittal be made to EPA in order to revise the SIP for Memphis and Shelby County, taking into account changes that have occurred in the Memphis and Shelby County Air Program since 1989. Infor mation regarding this submittal is

found in Attachment VI I

.

The Tennessee Code Annotated, Section 68

- 201

- 115 (see Attachment VI I I , Supplemental Support

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

co ntrol programs to adopt regulations as stringent as State of Tennessee regulations. After review by and upon the recommendation of the Tennessee Air Pollution Control Division, the Tennessee Air Pollution Control Board issues a certificate granting this au thority but subject to limitations as established by the Board. This authority continues to be granted to Shelby County and all included municipalities every two years, the most recent certificate having been issued for the 2008

- 2010 period. Copies of thes e recent certificates are also found in Attachment VI I I

.

Regulatory changes made by the State of Tennessee will be adopted by reference by the Department when and where applicable

, prior to the granting of authority by the Tennessee Air Pollution

Control Board to the Department

, as provided by the Tennessee Code Annotated and the Certificate

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

Tennessee.



### 11. Public Comment

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

from January 31 , 2014 to March 14 , 2014

. A public hearing Public hearings were was held on

March 4 , 2014 and March 6, 2014

. Comments were received concerning the redesignation

request revision to the 2010 ozo ne maintenance plan

. Comments and response to comments ar e contained in Attachment IX

. A copy of the newspaper notice is also included.