STATE
OF
TENNESSEE
DEPARTMENT
OF
ENVIRONMENT
AND
CONSERVATION
DIVISION
OF
AIR
POLLUTION
CONTROL
9TH
FLOOR
L&
C
ANNEX
401
CHURCH
STREET
NASHVILLE,
TENNESSEE
37243­
1531
December
30,
2002
J.
I.
Palmer,
Jr.
Regional
Administrator
United
States
Environmental
Protection
Agency
Region
IV
Sam
Nunn
Atlanta
Federal
Center
61
Forsyth
Street,
SW
Atlanta,
Georgia
3
03
03
Re:
Clean
Air
Act
­
Early
Action
Compacts
Dear
Mr.
Palmer:

This
letter
is
to
confirm
that
eight
early
action
compacts
have
been
forwarded
under
separate
cover
to
Ms.
Kay
Prince
of
your
staff.
The
early
action
compacts
are
for
the
following
areas:

Memphis
Area
Nashville
Area
Chattanooga
Area
Knoxville
Area
Tri­
Cities
Area
Putnam
County
Lawrence
County
Haywood
County
In
preparing
these
documents,
we
worked
closely
with
the
four
local
air
pollution
control
programs
of
Tennessee
and
the
states
of
Georgia,
Mississippi
and
Arkansas.
I
understand
that
the
other
states
are
forwarding
their
component
of
an
early
action
plan
for
an
MSA
shared
with
Tennessee
to
you
under
separate
cover.
Mr.
Palmer
December
30,
2002
Page
Two
If
your
staff
should
have
any
questions,
they
should
contact
my
deputy,
Quincy
Styke
III
or
me
at
(
615)
532­
0554.
We
look
forward
to
working
with
EPA
in
the
next
few
months
as
we
determine
the
scope
of
the
air
quality
improvement
plans
for
the
above­
listed
areas.
As
the
scope
of
those
plans
is
developed,
the
signatories
will
make
a
determination
to
see
if
they
wish
to
continue
to
remain
in
an
early
action
compact.

Sincerely,
I
Barry
R.
Stephens,
P.
E.
Technical
Secretary
Tennessee
Air
Pollution
Control
Board
copy
to:
Kay
Prince,
EPA
Region
IV
Tennessee
Air
Pollution
Control
Board
Tennessee
Tennessee
Local
Air
Programs
State
of
Georgia
State
of
Mississippi
State
of
Arkansas
EARLY
ACTION
COMPACT
FOR
THE
State
of
Tennessee
and
Memphis
MSA
Prepared
for
U.
S.
Environmental
Protection
Agency
Region
4
Atlanta,
Georgia
2
TABLE
OF
CONTENTS
SECTION
DESCRIPTION
PAGE
1.0
PURPOSE
OF
THE
EARLY
ACTION
COMPACT
3
2.0
BACKGROUND
3
2.1
Air
Quality
Status/
Trends
3
2.2
History
of
Local
Air
Quality
Planning
Efforts
4
2.3
The
Early
Action
Compact/
Air
Quality
Improvement
Plan
5
2.4
Regional
Interstate
Coordination
6
3.0
MEMORANDUM
OF
AGREEMENT
6
3.1
General
Provisions
6
3.2
Air
Quality
Improvement
Plan
7
3.2.1
Milestones
and
Reporting
7
3.2.2
Emissions
Inventories
8
3.2.3
Modeling
9
3.2.4
Emission
Reduction
Strategies
9
3.2.5
Maintenance
for
Growth
10
3.2.6
Public
Involvement
10
3.3
Local,
State,
and
EPA
Commitments
11
3.3.1
State
and
Local
Commitments
11
3.3.2
TDEC
Commitments
11
3.3.3
Tennessee
Air
Pollution
Control
Board
Commitments
12
3.3.4
EPA
Commitments
12
3.4
Termination
Provisions
14
3.5
Signatures
15
4.0
TABLE
OF
ACRONYMS
AS
USED
IN
THIS
DOCUMENT
16
3
1.0
PURPOSE
OF
THE
EARLY
ACTION
COMPACT
This
Early
Action
Compact
(
EAC)
serves
as
a
Memorandum
of
Agreement
among
government
agencies
representing,
collectively,
local
governments,
state
governments,
including
the
Tennessee
Air
Pollution
Control
Board
(
TAPCB),
and
the
United
States
Environmental
Protection
Agency
(
EPA).
It
is
for
the
express
purpose
of
commitment
to
EPA's
"
Protocol
for
Early
Action
Compacts
Designed
to
Achieve
and
Maintain
the
8­
Hour
Ozone
Standard".

The
"
Protocol"
allows
for
early
voluntary
8­
hour
air
quality
improvement
plans
to
be
developed
through
a
"
Compact"
between
Local,
State,
and
EPA
officials
for
areas
that
are
in
attainment
for
the
1­
hour
ozone
standard,
but
approach
or
monitor
exceedances
of
the
8­
hour
standard.
All
areas
in
Tennessee,
Mississippi
and
Arkansas
in
the
Memphis
MSA
are
currently
designated
in
attainment
of
the
1­
hour
ozone
standard
and,
based
on
preliminary
data
for
2000
through
2002
a
number
of
areas
may
not
be
in
attainment
of
the
8­
hour
ozone
standard.
Thus,
the
areas
are
eligible
and
a
good
candidate
for
the
Early
Action
Compact.

The
EAC
requires
the
development
of
an
early
action
plan
that
includes
all
necessary
elements
of
a
comprehensive
air
quality
plan,
but
is
tailored
to
local
needs
and
driven
by
local
decisions.
As
long
as
all
Compact
terms
and
milestones
are
met,
the
effective
date
of
nonattainment
designations
is
deferred,
as
are
related
requirements.
The
early
action
approach
will
offer
a
more
expeditious
timeline
for
achieving
emissions
reductions
than
EPA's
expected
8­
hour
implementation
rulemaking,
while
providing
"
fail­
safe"
provisions
for
the
area
to
revert
to
the
traditional
State
Implementation
Plan
(
SIP)
process
if
specific
milestones
are
not
met.
Currently,
EPA
plans
to
make
the
designations
for
the
8­
hour
ozone
standard
in
2004.

According
to
the
latest
EPA
guidance,
this
Compact
is
to
be
executed
no
later
than
December
31,
2002.
The
air
quality
improvement
plan
required
of
the
Compact
is
to
be
completed
and
its
elements
submitted
to
the
EPA
no
later
than
December
31,
2004
to
be
incorporated
into
the
Tennessee
State
Implementation
Plan.

2.0
BACKGROUND
2.1
Air
Quality
Status/
Trends
in
Tennessee
The
entire
State
of
Tennessee
is
currently
in
attainment
for
all
pollutants
with
established
National
Ambient
Air
Quality
Standards.
Portions
of
the
State
however,
are
not
expected
to
be
in
attainment
with
the
8­
hour
ozone
standard
by
the
end
of
2002.

Table
1
provides
a
summary
of
the
Memphis
MSA,
4th
highest
8­
hour
average
readings
for
2000,
2001,
and
2002
and
the
design
value
for
the
three
year
period.
A
design
value
of
85
ppb
or
greater
represents
a
nonattainment
situation,
thus
the
Memphis,
MSA
area
is
potentially
classified
with
a
nonattainment
designation.
4
TABLE
1
Summary
Data
for
8­
Hour
Ozone
at
the
Tennessee
Monitoring
Sites
Within
the
Memphis
MSA
for
2000­
2002
County
Site
Name
MONITOR
ID
2000
4th
Max.
2001
4th
Max.
2002
4th
Max.
Design
Value
PPM
Shelby
Co
1330
Frayser
Blvd
471570021
­
1
0.091
0.084
0.086
0.087
Shelby
Co
6855
Mudville
Rd.
Edmond
Orgill
Park
471571004
­
1
0.093
0.09
0.088
0.090
Data
Source
Table
1.
Final
2002
Data.
The
ozone
data
for
DeSoto
County,
Mississippi
and
Crittenden
County,
Arkansas
are
available
on
the
EPA
network.

2.2.
History
of
Local
Air
Quality
Planning
Efforts
Inspection
and
Maintenance
Programs:

The
city
of
Memphis
began
it's
vehicle
emissions
testing
program
in
August,
1983.
Memphis
has
a
basic
testing
program
on
all
vehicles
less
than
26,000
pounds
Gross
Vehicle
Weight
Rating
(
GVWR).

Stage
I
and
II
Vapor
Recovery:

Stage
I
and
II
requirements
have
been
in
place
since
the
late
1970s
for
Shelby
county.

Reclassification
status
for
old
1
hour
ozone
non­
attainment
areas
in
Tennessee.

As
of
December
2002,
the
previous
nonattainment
area
maintenance
plan
is
in
place
and
has
been
fully
implemented.
The
Memphis
area
also
has
an
effective
I/
M
program
as
described
above.

MEMPHIS,
TN
01/
17/
1995
60
FR
Page
3352
Final
Approval
Redesignation
to
Attainment
Effective
May
5,
2002
the
TVA
Allen
Steam
Plant,
a
coal­
fired
utility,
completed
installation
of
Selective
Catalytic
Reduction
on
two
EGU's.
TVA
documented
reductions
of
6,152
Tons
of
Nitrogen
Oxides
emissions
during
the
2002
ozone
season.
TVA
will
complete
installation
of
the
Selective
Catalytic
Reduction
on
the
third
EGU
by
May
5,
2003
to
achieve
further
reductions
of
approximately
2,200
tons
of
Nitrogen
Oxides
during
the
2003
ozone
season.

Ozone
forecasting
and
outreach
programs.
5
Beginning
in
April
2001
and
culminating
in
September
2002,
a
statewide
effort
was
undertaken
to
develop
and
implement
an
effective
ozone
forecasting
and
public
outreach
program.
The
ozone
forecasting
project
focused
on
the
existing
metropolitan
areas
of
the
state
with
the
support
of
the
local
air
pollution
control
agencies,
EPA,
TVA
and
the
state
Air
Pollution
Control
Division.

Several
areas
of
the
state
are
developing
or
participating
in
public
outreach
programs
to
encourage
voluntary
measures
that
can
be
taken
on
Ozone
Action
Days
to
help
minimize
emissions
of
precursor
chemicals
that
contribute
to
ozone
formation
and
exceedances.

Ozone
forecasts
were
prepared
and
issued
for
the
Memphis
area
in
Tennessee
in
both
2001
and
2002.
The
National
Weather
Service
and
meteorologists
for
local
media
help
publicize
air
quality
information
throughout
the
ozone
season.

2.3
The
Early
Action
Compact/
Air
Quality
Improvement
Plan
Areas
formally
declared
in
violation
of
the
NAAQS
are
designated
"
nonattainment
areas"
and
must
meet
certain
Clean
Air
Act
requirements
such
as:
A.
New
Source
Review
 
requires
a
comprehensive
review
of
new
or
expanded
industrial
operations
to
minimize
air
pollution.
Emissions
controls
requirements
are
more
stringent
and
costly
than
for
attainment
areas.
B.
Transportation
Conformity
 
requires
a
demonstration
that
regional
longrange
transportation
plans
will
not
negatively
affect
progress
toward
attainment
or
federal
highway
funds
can
be
withheld.
C.
Rate
of
Progress
Requirements
 
a
certain
percentage
of
pollutants
must
be
reduced
each
year.
D.
Failure
to
Attain
 
consequences
of
failure
to
reach
attainment
by
the
specified
date
include
stricter
control
measures
and
the
potential
for
stiff
penalties.
E.
10­
year
Maintenance
Plan
 
includes
additional
or
continuing
mandatory
programs
for
10
years
following
attainment.

The
area's
participation
in
the
Early
Action
Compact
Protocol
offers
several
key
advantages
relative
to
the
traditional
nonattainment
SIP
process.
These
include:
A.
The
EAC
Protocol
is
designed
to
achieve
clean
air
sooner
than
would
be
expected
under
the
traditional
nonattainment
process.
B.
The
EAC
Protocol
affords
the
signatories
greater
flexibility
in
selecting
emission
reduction
measures
and
programs
that
are
best
suited
to
local
needs
and
circumstances.
A.
The
EAC
Protocol
ensures
deferral
of
nonattainment
designation
and
related
requirements,
thereby
avoiding
the
stigma,
cost,
and
economic
development
impacts
associated
with
a
nonattainment
designation
while
the
protocol
remains
in
effect.
The
cornerstone
of
the
Early
Action
Compact
Protocol
is
the
Air
Quality
Improvement
Plan
(
AQIP)
developed
to
reduce
local
ozone­
forming
emissions
and
lower
summertime
6
ozone
levels.
It
is
the
official
attainment/
maintenance
plan
for
the
area
to
be
developed
under
the
EAC
Protocol
agreement.
It
is
a
comprehensive
air
quality
plan
that
will
be
incorporated
into
a
formal
Tennessee
State
Implementation
Plan,
and
the
area
will
be
required
to
carry
out
this
plan
just
as
in
nonattainment
areas.
Unlike
a
nonattainment
area
SIP
plan,
though,
the
AQIP
will
be
tailored
to
local
needs
and
driven
by
local
decisions.
The
specific
elements
required
of
the
AQIP
are
described
below
in
Section
3.2.
According
to
the
EAC
Protocol,
it
must
be
completed
and
submitted
by
no
later
than
December
31,
2004,
to
the
EPA
to
be
incorporated
into
the
State
SIP.
However,
recent
guidance
from
EPA
requires
that
the
local
plan
must
be
complete
and
submitted
to
the
State
and
EPA
by
March
31,
2004
to
provide
adequate
time
for
Tennessee
to
adopt
the
plan
as
a
State
rule
prior
to
submittal
to
EPA
as
a
SIP
revision
by
December
31,
2004.

2.4
Regional
Interstate
Coordination
Tennessee
participated
in
the
Southern
Appalachian
Mountains
Initiative
and
currently
participates
in
VISTAS
to
coordinate
air
quality
management
in
a
multi­
state
fashion.
Tennessee
is
also
currently
participating
in
ATMOS
with
the
neighboring
states
in
West
Tennessee.

The
Arkansas­
Tennessee­
Mississippi
Ozone
Study
(
ATMOS)
has
been
underway
for
three
years.
Contractor
SAI,
Inc.
has
met
with
the
Technical
Committee
and
Policy
Committee
to
refine
the
representative
episode,
complete
a
regional
emission
inventory,
and
conduct
seven
sensitivity
runs
to
date.
The
latest
meeting
was
December
6,
2002.
The
model
will
guide
selection
of
the
most
cost­
effective
control
strategies.
A
modeling
expert
from
EPA
Region
IV
has
regularly
attended
ATMOS
meetings.
Mississippi
has
representatives
in
the
Memphis
Metropolitan
Planning
Organization
who
regularly
participate
in
meetings
of
the
MPO.

3.0
MEMORANDUM
OF
AGREEMENT
This
Early
Action
Compact
(
EAC)
is
a
Memorandum
of
Agreement
among
the
local
governments
in
the
Memphis
MSA
(
Shelby,
Tipton,
Fayette)
including
the
Memphis/
Shelby
County
Local
Air
Pollution
Control
Program,
the
state
government
represented
by
the
TAPCB
and
TDEC,
and
the
United
States
Environmental
Protection
Agency
(
EPA).
It
is
anticipated
that
this
compact
will
be
supported
by
the
States
of
Mississippi
and
Arkansas
and
the
local
governments
of
DeSoto
County,
Mississippi
and
Crittenden
County,
Arkansas.
It
is
for
the
express
purpose
of
developing
and
implementing
an
Air
Quality
Improvement
Plan
(
AQIP)
that
will
reduce
ozone
levels
throughout
all
of
Tennessee
and
to
maintain
compliance
with
the
8­
hour
ozone
standard
statewide.

3.1
General
Provisions
A.
The
signatory
parties
commit
to
develop,
implement
and
maintain
the
AQIP
according
to
Protocol
for
Early
Action
Compacts
endorsed
by
EPA
on
June
19,
2002
(
as
supplemented
in
a
letter
dated
October
18,
2002,
7
from
Gregg
Cooke,
EPA,
to
Robert
Huston,
Texas
Commission
on
Environmental
Quality),
and
adhere
to
all
terms
and
conditions
stated
in
the
Protocol.
On
November
14,
2002,
EPA
finalized
its
Early
Action
Compact
guidance
memorandum
for
state
and
local
governments
that
spelled
out
specific
milestones
and
tasks
for
a
state
or
local
government
to
qualify
for
an
early
action
compact.
B.
If
the
area
fails
to
meet
all
the
terms
of
the
EAC,
including
meeting
agreed­
upon
milestones,
then
it
will
forfeit
its
participation
and
will
be
subject
to
designation
as
nonattainment
according
to
EPA's
8­
hour
ozone
implementation
rules.
C.
Before
formal
adoption
into
the
Tennessee
SIP,
this
agreement
may
be
modified
or
terminated
by
mutual
consent
of
all
signatory
parties,
or
any
party
may
withdraw
from
the
agreement.
The
local
government
signatories
will
approve
the
AQIP
before
it
is
submitted
to
the
TAPCB
for
inclusion
in
the
SIP.
Once
the
AQIP
elements
are
incorporated
into
the
SIP,
any
modifications
will
be
treated
as
SIP
revisions.
D.
The
signature
date
of
the
EAC
is
the
start
date
of
the
agreement's
term
and
the
agreement
remains
in
effect
until
December
31,
2007,
except
as
specified
above.

3.2
Air
Quality
Improvement
Plan
The
state
and
local
governments
agree
to
develop
and
implement
an
AQIP
that
will
demonstrate
attainment
of
the
8­
hour
ozone
standard
by
December
31,
2007,
and
maintenance
until
at
least
2012.
The
state
and
local
governments
will
develop
this
plan
in
coordination
with
EPA,
stakeholders,
and
the
general
public.
The
AQIP
will
include
a
process
monitor
and
maintain
long­
term
compliance
with
the
standard.
The
AQIP
will
be
finalized
and
submitted
to
EPA
by
March
31,
2004
for
submittal
by
December
31,
2004,
for
SIP
amendment.
If
a
development
or
issue
arises
that
may
impact
performance
or
progress
toward
milestones,
the
state
or
local
government
signatories
will
immediately
notify
all
other
signatories.

The
AQIP
will
address
the
following
major
elements.

3.2.1
Milestones
and
Reporting
To
facilitate
performance
monitoring
and
communication
with
the
EPA,
TAPCB,
and
stakeholders,
the
EAC
protocol
requires
that
the
EAC
include
clearly
measurable
milestones
for
the
development
and
implementation
of
the
AQIP.
Major
milestones
established
for
this
EAC
are
shown
below
in
Table
2.
The
individual
participants
representing
their
respective
area
will
assess
and
report
all
progress
relative
to
these
milestones
to
the
state
which
in
turn
will
report
all
progress
relative
to
these
milestones
in
a
regular,
public
process
at
least
every
six
months.

Table
2.
Major
Milestones
for
the
Tennessee
State
and
Local
Early
Action
Compact.
8
MILESTONE
DATE
EAC
Memorandum
of
Agreement
Executed
31DEC02
Identify
&
Describe
Likely
Local
Control
Measures
Being
Considered
16JUN03
Initial
Progress
Report
Prepared
and
Updated
Every
6
Months
23JUN03
Emissions
Inventories
Completed
30JUN03
Base
Case/
Future
Case
Modeling
Completed
30SEP03
Control
Scenarios
Modeling
Completed
30NOV03
Adoption
of
Emission
Reduction
Measures
30JAN04
Completion/
Adoption
of
Air
Quality
Improvement
Plan
and
Submittal
to
the
EPA
for
Review
31MAR04
Submittal
of
SIP
31DEC04
All
Local
Emission
Reduction
Strategies
Implemented
31MAR05
Review
Progress
in
Implementation
of
Reduction
Strategies
30JUN06
EAC
Expires
31DEC07
Annual
Reviews
of
Growth
2008­
2012
3.2.2
Emission
Inventories
Base
case(
s)
and
related
future
year
(
2007)
emissions
inventories
will
be
developed
by
June
30,
2003.
These
inventories
will
be
used
for
input
for
SIP­
quality
regional
airshed
modeling,
thus
they
must
be
developed
using
tools
that
are
suitable
for
this
purpose
and
approved
by
both
TDEC
and
EPA.
The
base
case(
s)
inventories
will
be
developed
for
1999
or
later
episodes
selected
to
be
representative
of
typical
ozone
exceedance
situations
as
determined
with
EPA
episode
selection
guidance.
The
inventories
will
include:
A.
Point
source
emissions
 
employing
TDEC
Emission
Inventory
System
data.
B.
Onroad
mobile
source
emissions
 
employing
Mobile
6
emission
modeling
based
on
appropriate
transportation
data
for
the
Memphis
MSA.
C.
Nonroad
sources
­
model
data
adjusted
for
local
equipment
usage.
D.
Area
sources
­
data
based,
where
possible,
on
local
survey
data.
E.
Biogenic
sources
 
inventory
developed
employing
methods
acceptable
to
TDEC
and
EPA.
9
Where
practicable,
trends
in
emissions
from
the
various
source
categories
will
be
analyzed
to
provide
a
better
understanding
of
emissions
trends
statewide
and
to
facilitate
verification
of
accuracy
of
the
inventories.

3.2.3
Modeling
All
modeling
will
be
based
on
the
"
Draft
Guidance
on
the
Use
of
Models
and
Other
Analyses
in
Attainment
Demonstrations
for
the
8­
hour
Ozone
NAAQS"
(
EPA­
454/
R­
99­
004,
May
1999).
The
modeling
will
follow
the
guidance
as
facilitated
by
the
EPA
Regional
Office.
Regional
airshed
modeling
for
the
Air
Quality
Improvement
Plan
will
employ
an
EPA­
accepted
modeling
technique
and
appropriate
EPA
guidance
for
SIPlevel
modeling.
Modeling
protocol
development,
episode
selection,
model
input
preparation,
and
actual
model
simulations
will
involve
close
collaboration
and
agreement
of
the
participating
representatives,
TAPCB,
and
EPA.
There
may
also
be
opportunity
to
coordinate
with
representatives
of
Base
case
and
future
case
(
2007)
modeling
are
scheduled
to
be
completed
by
September
30,
2003.
Control
strategy
modeling
including
direction
(
e.
g.
effectiveness
of
VOC
vs.
NOx
controls)
and
range
finding
(
percent
reduction
scenarios
 
i.
e.
needed
reduction
levels)
as
well
as
control
strategies
scenarios
are
scheduled
to
be
completed
by
November
30,
2003.

All
adopted
Federal
and
State
emission
reduction
measures
that
have
been
or
will
be
implemented
by
March
31,
2005,
will
be
included
in
base
case,
future
case,
and
control
strategy
modeling.

Modeling
efforts
will
be
carefully
documented.
Model
performance
will
be
assessed
to
assure
conformance
with
EPA's
accepted
model
accuracy
criteria.
A
technical
support
document
describing
the
modeling
effort
and
attainment
demonstration
will
be
part
of
the
AQIP
submittal.

3.2.4
Emission
Reduction
Strategies
Following
research
of
various
emission
reduction
strategies
and,
with
guidance
provided
by
testing
of
various
strategies
with
the
developed
regional
airshed
modeling,
the
participating
stakeholders
will
select
and
adopt
local
emission
reduction
measures
necessary
to
support
demonstration
of
attainment
of
the
8­
hour
ozone
standard
by
December
31,
2007.
The
research,
selection,
and
adoption
process
for
the
local
measures
is
scheduled
to
be
completed
by
March
30,
2004.
However,
recent
EPA
guidance
requires
that
likely
local
measures
being
considered
for
the
AQIP
should
be
identified
and
described
by
June
16,
2003.
10
The
selected
local
emission
reduction
measures
will
be
specific,
quantifiable,
and
enforceable.
Specific
implementation
dates,
as
well
as
detailed
documentation
and
reporting
processes
will
be
provided
for
each.

The
local
emission
reduction
measures
will
be
incorporated
by
the
TAPCB
into
the
SIP
and
submitted
to
EPA
for
review
and
approval.
In
the
event
the
area
desires
to
add,
delete
or
substitute
measures
after
SIP
promulgation,
the
area
will
request
a
modification
of
the
AQIP.
Such
modification
will
be
treated
as
a
SIP
revision
and
facilitated
by
the
Tennessee
Department
of
Environment
and
Conservation
(
TDEC).

3.2.5
Maintenance
for
Growth
The
AQIP
will
include
a
component
to
address
emissions
growth
at
least
5
years
beyond
December
31,
2007,
ensuring
that
the
previous
nonattainment
or
attaining
participating
areas
will
remain
in
attainment
of
the
8­
hour
standard
during
that
period.
The
future
attainment
maintenance
analysis
may
employ
one
or
more
of
the
following
or
any
other
appropriate
techniques
necessary
to
make
such
a
demonstration:
A.
Modeling
analysis
showing
ozone
levels
below
the
8­
hour
standard
in
2012;
B.
An
annual
review
of
growth
(
especially
stationary
and
mobile
sources)
to
ensure
control
measures
and
growth
assumptions
are
adequate;
C.
Identification
and
quantification
of
federal,
state,
and/
or
local
measures
indicating
sufficient
reductions
to
offset
growth
estimates.

The
AQIP
will
also
detail
a
continuing
planning
process
that
includes
modeling
updates
and
modeling
assumption
verification
(
particularly
growth
assumptions)
where
changes
in
emissions
inventories
and
growth
assumptions
warrant.
The
continuing
planning
process
will
consider
and
evaluate:
A.
All
relevant
actual
new
point
sources
and
major
modifications
of
existing
sources;
B.
Impacts
from
increased
emissions
from
potential
new
source
growth;
C.
Future
transportation
patterns
and
their
impact
on
air
quality
in
a
manner
that
is
consistent
with
the
most
current
adopted
Memphis
Area
Long
Term
Transportation
Plan
and
most
current
estimate
of
future
local
motor
vehicle
emissions
as
adopted
in
the
Memphis
Area
MPO's
conformity
documents
approved
by
the
U.
S.
Department
of
Transportation
and
EPA.

If
the
review
of
growth
demonstrates
that
adopted
emission
reduction
measures
are
inadequate
to
address
growth
in
emissions,
additional
measures
will
be
added
to
the
AQIP
through
the
SIP
revision
process.

3.2.6
Public
Involvement
Public
involvement
will
be
conducted
in
all
stages
of
the
planning
and
implementation
process.
Public
education
programs
will
be
used
to
raise
awareness
regarding
issues,
opportunities
for
involvement
in
the
planning
process,
implementation
of
control
11
strategies,
and
any
other
issues
important
to
the
participants.
Interested
stakeholders
will
be
involved
in
the
planning
process
as
early
as
possible.
They
will
be
provided
advance
notice
of
meeting
times,
locations,
and
agenda
for
planning
meetings.
Plan
drafts
will
be
publicly
available,
and
the
document
development
process
will
have
sufficient
opportunities
for
comment
from
all
interested
stakeholders.
Stakeholders
will
include,
at
a
minimum,
local
environmental
groups,
Chambers
of
Commerce
and
other
business
groups,
and
the
transportation
community.
Public
comment
on
the
proposed
final
AQIP
will
follow
the
normal
SIP
revision
process
as
implemented
by
TAPCB.
Semi­
annual
reports
detailing,
at
a
minimum,
progress
toward
milestones
will
be
publicly
presented
and
available.

3.3
Local,
State,
and
EPA
Commitments
3.3.1
State
and
Local
Commitments
The
State,
including
TDEC,
and
Local
Governments
will
jointly
hold
responsibility
for
the
development
and
implementation
of
the
early
action
plan
(
Air
Quality
Improvement
Plan),
as
well
as
for
maintaining
communication
with
all
parties
to
the
Compact.
The
Memphis
Local
Air
Pollution
Control
Program
will
be
the
lead
agency
in
Shelby
County
and
TDEC
will
be
the
lead
agency
for
the
remaining
Memphis
MSA
counties.
Other
responsibilities
include:

A.
Drawing
up
the
Compact,
which
embodies
the
requirements
described
in
the
EAC
Protocol,
including
a
time
line
for
milestones;
B.
Completing
and
signing
by
all
parties
of
the
Early
Action
Compact
no
later
than
December
31,
2002;
C.
Completing
and
adopting
the
emission
reduction
measures
elements
of
the
AQIP
as
part
of
the
SIP
no
later
than
March
31,
2004.
D.
Notifying
parties
as
soon
as
possible
if
Compact
milestones
will
be
missed
or
have
been
missed;
E.
Notifying
parties
as
soon
as
possible
if
Compact
modification/
termination
is
to
be
requested.

3.3.2
TDEC
Commitments
The
State,
represented
by
TDEC
and
TDOT,
will
provide
support
to
all
participants
throughout
the
planning
and
implementation
process.
Areas
of
support
will
include:

A.
Technical
assistance
in
the
development
of
emission
inventories,
modeling
process,
trend
analysis,
and
quantification
and
comparison
of
emission
reduction
strategies;
B.
Necessary
information
on
all
Federal
and
State
adopted
emission
reduction
measures
which
affect
the
area;
C.
Critical
third
party
review
of
emissions
inventory,
modeling,
and
selfevaluation
work;
12
D.
Technical
and
strategic
assistance,
as
appropriate,
in
the
selection
and
implementation
of
emission
reduction
strategies;
E.
Technical
and
planning
assistance
in
developing
and
implementing
processes
to
address
the
impact
of
emissions
growth
beyond
the
attainment
date;
F.
Maintenance
of
monitors
and
reporting
and
analysis
of
monitoring
data;
G.
Support
for
public
education
efforts;
H.
Coordinate
communication
between
stakeholders
and
EPA
to
facilitate
continuing
EPA
review
of
local
work;
I.
Propose
a
modification
of
the
SIP
to
adopt
the
appropriate
elements
of
the
AQIP;
J.
Adoption
of
emission
reduction
strategies
into
the
SIP
as
expeditiously
as
possible.
The
final
complete
SIP
revision
must
be
completed,
adopted,
and
submitted
by
the
state
to
EPA
by
December
31,
2004.

3.3.3
Tennessee
Air
Pollution
Control
Board
Commitments
The
Tennessee
Air
Pollution
control
Board,
in
consultation
with
TDEC,
the
local
governments,
interested
stakeholders
and
members
of
the
public
will
help
to
ensure
that
actions
under
the
Early
Action
Compact
are
tailored
to
the
needs
of
the
Memphis
MSA
and
that
adequate
progress
is
attained
under
the
AQIP.
In
consultation
with
the
aforementioned,
the
Tennessee
Air
Pollution
Control
Board
will:

A.
By
February
1,
2003
develop
a
plan
for
routine
state­
level
consultation
with
members
of
the
environmental,
public
health
and
business
communities
as
well
as
opportunities
for
timely
public
input
and
comment.
B.
By
March
1,
2003,
develop
measurable
goals
and
milestones,
building
on
those
listed
in
Table
2:
identify
the
consequences
of
failure
to
achieve
goals
and
milestones
and
provide
samples
of
acceptable
control
measures
for
the
AQIP.
C.
Every
6
months
conduct
a
formal
review
of
progress
attained
under
the
EAC,
including
determining
whether
the
terms
of
the
EAC,
in
general
and
with
respect
to
each
local
area,
should
be
modified
or
revoked.

3.3.4
EPA
Commitments
The
EPA
will
recognize
the
State
and
Local
commitment
to
voluntarily
adopt
an
early,
substantive,
scientifically­
based
and
enforceable
attainment
plan
with
early
13
implementation
of
control
measures
by
becoming
a
party
to
the
Early
Action
Compact
developed
in
conformance
with
the
EPA's
EAC
Protocol.
EPA
responsibilities
include:
A.
Provided
that
the
monitors
in
the
Memphis
MSA
reflect
attainment
by
December
31,
2007,
EPA
will
move
expeditiously
to
designate
those
areas
as
attainment
and
impose
no
additional
requirements
other
than
those
federally
approved
SIP
revisions
undertaken
pursuant
to
this
Early
Action
Compact.
The
Office
of
Management
and
Budget
(
OMB)
has
announced
changes
for
Core
Based
Statistical
Areas
(
65
FR
82228,12/
27/
2000
FR
)
and
plans
to
publish
new
lists
of
areas
in
June
2003.
EPA
will
be
evaluating
OMB's
new
lists
after
they
are
released
to
determine
whether
they
concur
and/
or
can
still
use
OMBs'
new
definition
for
purposes
of
the
starting
point
for
nonattainment
area
boundaries.
At
that
time
EPA
will
also
look
at
the
nonattainment
boundary
guidance
memo
of
3/
28/
2000
to
see
if
it
might
need
updating
based
on
the
OMB
work.
B.
If
monitors
in
the
Memphis
MSA
reflect
nonattainment
when
EPA's
8­
hour
implementation
guidelines
call
for
designations
or
at
any
time
during
the
area's
participation
in
the
Early
Action
Compact,
EPA
will
defer
the
effective
date
of
nonattainment
designation
and
related
requirements
for
the
area
as
long
as
all
terms
and
milestones
of
the
compact
are
being
met,
including
submission
of
the
early
action
SIP
revision
by
2004.
C.
The
EPA
will
provide
technical
assistance
to
all
Memphis
MSA
participants
in
the
development
of
the
AQIP.
D.
The
EPA
will
move
quickly
to
review
and
approve
completed
plans
by
no
later
than
nine
months
after
submission
of
the
SIP
revision
by
TDEC.
E.
Provided
that
the
area
has
progressed
from
nonattainment
to
attainment
status
by
December
31,
2007,
EPA
will
move
expeditiously
to
designate
the
area
as
attainment
and
impose
no
additional
requirements.
F.
If
at
any
time
the
area
does
not
meet
all
the
terms
of
this
compact,
including
meeting
agreed­
upon
milestones,
then
it
will
forfeit
its
participation
and
be
designated
(
or
re­
designated
if
necessary)
according
to
EPA's
8­
hour
ozone
implementation
guidelines.
The
EPA
will
offer
such
an
area
no
delays,
exemptions
or
other
favorable
treatment
because
of
its
previous
participation
in
this
program.
G.
If
any
of
the
monitors
identified
in
Table
1
violates
the
standard
after
December
31,
2007,
the
area
will
be
designated
nonattainment.
TDEC
will
then
submit
a
revised
attainment
demonstration
SIP
revision
according
to
the
Clean
Air
Act
(
CAA)
and
EPA's
8­
hour
implementation
rule,
unless
the
8­
hour
implementation
schedule
requires
SIPs
from
8­
hour
nonattainment
areas
before
December
31,
2008.
In
that
event,
a
revised
14
attainment
demonstration
SIP
revision
for
the
participating
area
will
be
due
as
soon
as
possible
but
no
later
than
December
31,
2008.
In
no
event
will
EPA
extend
the
attainment
date
for
the
area
beyond
that
required
by
the
CAA
and/
or
EPA's
8­
hour
implementation
rule.
H.
The
region
will
not
be
allowed
to
renew
this
EAC
after
December
31,
2007,
or
to
initiate
a
new
compact
if
it
has
previously
forfeited
its
participation.

3.4
Termination
Provision:

This
Early
Action
Compact
is
offered
to
EPA
in
good
faith
as
a
way
to
achieve
clean
air
quicker
with
the
opportunity
to
tailor
a
control
plan
in
the
most
beneficial
way
possible
for
the
Memphis
MSA.
It
is
expressly
declared
that
prior
to
adoption
of
early
control
measures
into
the
Tennessee
SIP,
a
signatory
to
this
Early
Action
Compact
may
opt
out
of
the
process
by
filing
a
written
notice
to
the
other
signatories.
In
filing
said
written
termination
notice,
the
terminating
entity
will
revert
to
the
routine
attainment
designation
process
provided
in
the
Clean
Air
Act
and
its
implementing
regulations
in
effect
at
the
time
of
the
signing
of
this
document.
If
any
of
the
counties
of
Shelby,
Tipton
or
Fayette
opt
out
of
this
process,
the
Memphis
MSA
Compact
shall
be
terminated
since
these
counties
are
a
part
of
a
single
transportation
conformity
modeling
process
through
the
Memphis
Area
MPO.
It
is
also
recognized
that
if
EPA
deems
any
terminating
entity's
emissions
are
critical
to
the
success
of
an
Early
Action
Compact,
EPA
may
nullify
the
Early
Action
Compact
for
the
entire
MSA.

In
evaluating
certain
public
participation
documents
that
were
filed
as
part
of
the
process
that
created
this
document,
it
is
apparent
that
not
all
entities
agree
with
the
concept
of
an
Early
Action
Compact.
If
litigation
should
ensue
that
results
in
the
inability
of
any
entity
to
live
up
to
the
commitments
made
including
actual
SIP
revisions,
then
the
signatories
shall
have
the
option
of
withdrawing
all
or
part
of
any
SIP
revision
given
to
EPA
as
part
of
the
Early
Action
Compact
and
EPA
shall
honor
that
withdrawal.
16
4.0
Table
of
Acronyms
as
Used
in
this
Document
MSA
Metropolitan
Statistical
Area
EAC
Early
Action
Compact
EPA
Environmental
Protection
Agency
TAPCB
Tennessee
Air
Pollution
Control
Board
SIP
State
Implementation
Plan
ppb
parts
per
billion
GVWR
Gross
Vehicle
Weight
Rating
OBD
II
On
Board
Diagnostics
I/
M
Inspection
and
Maintenance
TVA
Tennessee
Valley
Authority
NAAQS
National
Ambient
Air
Quality
Standards
AQIP
Air
Quality
Improvement
Plan
SAMI
Southern
Appalachian
Mountain
Initiative
VISTAS
Visibility
Improvement
State
and
Tribal
Association
of
the
Southeast
VOC
Volatile
Organic
Compound
NOX
Nitrogen
Oxide
TDEC
Tennessee
Department
of
Environment
and
Conservation
MPO
Metropolitan
Planning
Office
TDOT
Tennessee
Department
of
Transportation
CAA
Clean
Air
Act
