From: Rogers, Bob

To: Fritchie, Denis

Subject: FW: Meeting to discuss I/M with EPA

Date: Friday, August 23, 2013 11:45:42 AM

Bob Rogers, Manager

Pollution Control

Shelby County Health Department

814 Jefferson Ave.

Memphis TN 38105

(901)222-9599

From: Rogers, Bob

Sent: Friday, August 23, 2013 11:27 AM

To: Zerwekh, Tyler; Gray, Carter; Srivastava, Pragati

Subject: Meeting to discuss I/M with EPA

During yesterday’s Tennessee State and Local and EPA air program meeting in Nashville, we had a

breakout session specifically to discuss the path forward regarding the cessation of the Memphis

I/M program. The meeting was attended by me; Barry Stephens and Quincy Styke from the State

program; Carol Kempker (Acting EPA Region 4 Air Director) and a few of her staff, and

Commissioner Martineau.

At the beginning of the session, I presented a copy of the draft plan we have prepared. I informed

them the general framework of the plan along with the technical and legal supporting information

is pretty much fully formed but we need to follow up with some of the required supporting

documentation and that there could be some minor changes in the wording. I also explained we

expect to work on strengthening the ‘Additional Voluntary Measures’ section because even though

it does not affect the technical and legal arguments, we view it as helping to make a stronger case

by showing other effective measures being implemented in the area.

We did not review the plan in detail, but I gave a summary of the general nature of what was being

proposed and discussed the supporting information that we believe shows this will be an

acceptable plan. EPA’s reaction was generally very positive. As anticipated, they expressed some

concerns. Since the session time was short, we did not get into a detailed discussion of the

concerns, but I informed them the elements of the plan should adequately address their concerns.

Ms. Kempker stated that as long as we show timely forward progress in addressing the I/M

program shutdown, she believes her office has the discretion to withhold issuing a Notice of

Deficiency (NOD) letter and she was pleased that we had a written draft for review. We agreed

they would provide us informal comments on the plan within about two weeks. If those

comments remain generally favorable, she asked that we prepare a somewhat more formal ‘prehearing’ submittal that includes an estimated timeline for key steps to final, formal submission of a

SIP modification. The Commissioner noted that since this does not directly affect and State rules, itwould be considered a ‘non-regulatory’ SIP, and therefore does not require filing with the State

Attorney General’s office (which adds significantly to the timeline). I believe if things move well,

we may be able to have this on a State Air Board agenda as early as their December meeting.

This type of action is exposed to a very high level of public scrutiny and participation. First there

must be a public hearing here followed by review at the State Board and finally, a national

comment period announced in the Federal register. This is why I believe it is important for the

Voluntary Measures section to be strong as well as the rest of the plan to be solidly defensible

legally. I welcome any suggestions to improve on what we have while waiting for EPA’s comments.

Bob Rogers, Manager

Pollution Control

Shelby County Health Department

814 Jefferson Ave.

Memphis TN 38105

(901)222-9599