STATE OF MISSISSIPPI 

PHIL BRYANT 

GOVERNOR 

MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY 

TRUDY D. FISHER, EXECUTIVE DIRECTOR 

Ms. Gwendolyn Keyes Fleming 

Regional Administrator 

U.S. Environmental Protection Agency 

61 Forsyth Street, S.W. 

Atlanta, Georgia 30303-3104 

Dear Ms. Fleming: 

July 26, 2012 

Re: Mississippi Ozone Infrastructure SIP 

Regarding my letter to you dated May 29, 2012, enclosed are revised documents with additional information 

related to Mississippi's Infrastructure State Implementation Plan (SIP) to comply with the requirements of 

Section 110(a)(l) and (2) of the Federal Clean Air Act regarding the 2008 National Ambient Air Quality 

Standard for Ozone. We are transmitting, under separate cover, additional copies toR. Scott Davis of your 

agency. 

We certify that a 30-day public comment period was held regarding the SIP. The public comment period 

ended April27, 2012. EPA Region 4 submitted a comment letter during the public comment period. There 

were no other comments received. The EPA comment letter stated that CAIR and CSAPR are not appropriate 

to comply with the requirements of Section 11 O(a)(2)(D)(i)-(ii) of the Federal Clean Air Act. Mississippi's 

response to EPA's comment is that when a federal interstate transport rule is approved, it should satisfy the 

requirements of Section 110(a)(2)(D)(i)-(ii). 

We feel that this revised Ozone Infrastructure SIP submittal is complete. Therefore, we are requesting EPA 

approval of this SIP into the federally approved Mississippi State Implementation Plan. 

If you have any questions or need further information, please contact me or MayaRao of my staff at (601) 961-

5242. 

TDF/cjs 

Enclosures 

cc: Ms. Beverly Banister, EPA Region IV 

Very truly yours, 

OFFICE OF POLLUTION CONTROL 

POST OFFICE Box 2261 • JACKSON, MISSISSIPPI 39225-2261 • TEL: (601) 961-5171 • FAX: (601) 354-6612 • www.deq.state.ms.us 

AN EQUAL OPPORTUNITY EMPLOYER 
Mississippi Certification 

Clean Air Act Section llO(a)(l) and (2) 

Ozone Requirements 

This certification addresses Mississippi's obligations under Section llO(a)(l) and (2) of 

the Clean Air Act for the Ozone National Ambient Air Quality Standards (NAAQS). The 

following state regulations are part of the State Implementation Plan (SIP) and are 

referred to in this document: 

APC-S-1 - Mississippi Commission on Environmental Quality 

"Air Emission Regulations for the Prevention, Abatement, and Control of Air 

Contaminants" 

APC-S-2 - Mississippi Commission on Environmental Quality 

"Permit Regulation for the Construction and/or Operation of Air Emissions 

Equipment" 

APC-S-3 -Mississippi Commission on Environmental Quality 

"Mississippi Regulations for the Prevention of Air Pollution Emergency 

Episodes" 

APC-S-5 -Mississippi Commission on Environmental Quality 

"Mississippi Regulations for the Prevention of Significant Deterioration of Air 

Quality" 

Appendix A-8- Mississippi Code Title 49 

Section llO(a)(l) 

Each State shall, after reasonable notice and public hearings, adopt and submit to the 

Administrator, within 3 years (or such shorter period as the Administrator may 

prescribe) after the promulgation of a national primary ambient air quality standard (or 

any revision thereof) under section I 09 of this title for any air pollutant, a plan which 

provides for implementation, maintenance, and enforcement of such primary standard in 

each air quality control region (or portion thereof) within such State. In addition, such 

State shall adopt and submit to the Administrator (either as a part of a plan submitted 

under the preceding sentence or separately) within 3 years (or such shorter period as the 

Administrator may prescribe) after the promulgation of a national ambient air quality 

secondary standard (or revision thereof), a plan which provides for implementation, 

maintenance, and enforcement of such secondary standard in each air quality control 

region (or portion thereof) within such State. Unless a separate public hearing is 

provided, each State shall consider its plan implementing such secondary standard at the 

hearing required by the first sentence of this paragraph. 

Ozone Infrastructure SIP Certification- Final 

Revised June 20, 2012 
The submittal of this State Implementation Plan for Mississippi will satisfY the 

requirements listed above for the primary and secondary ozone standards. 

Section 110(a)(2)(A) 

Include enforceable emission limitations and other control measures, means, or 

techniques (including economic incentives such as fees, marketable permits, and auctions 

of emissions rights), as well as schedules and timetables for compliance, as may be 

necessary or appropriate to meet the applicable requirements of this chapter. 

SIP Appendix A-8, Section 49-17-17(h), provides the Mississippi Department of 

Environmental Quality (MDEQ) the ability to adopt, modifY, or repeal and promulgate 

ambient air quality standards and emission standards for the state under such conditions 

as the Mississippi Commission on Environmental Quality (Commission) may prescribe 

for the prevention, control, and abatement of pollution. 

Section 110(a)(2)(B) 

Provide for establishment and operation of appropriate devices, methods, systems, and 

procedures necessary to-

(i) monitor, compile, and analyze data on ambient air quality, and 

(ii) upon request, make such data available to the Administrator. 

SIP Appendix A-8 Section 49-17-17(g) provides MDEQ with the necessary statutory 

authority to collect and disseminate information relating to air quality and pollution and 

the prevention, control, supervision, and abatement thereof. The "20 11 Annual 

Monitoring Network Plan for Mississippi" provides the details ofthe ambient air quality 

monitoring system in the state. 

Section 110(a)(2)(C) 

Include a program to provide for the enforcement of the measures described in 

subparagraph (A), and regulation of the modification and construction of any stationary 

source within the areas covered by the plan as necessary to assure that national ambient 

air quality standards are achieved, including a permit program as required in parts C 

and D of this subchapter. 

SIP Sections APC-S-5 and APC-S-2, Section V. apply to the construction of any new 

major stationary source or any existing major stationary sources. SIP Section APC-S-2, 

Section VI. provides for the enforcement of measures described in Section 11 O(a)(2)(A). 

Ozone Infrastructure SIP Certification- Final 

Revised June 20.20 12 

2 
Section 110(a)(2)(D) 

Contain adequate provisions-

(i) prohibiting, consistent with the provisions of this subchapter, any source or other type 

of emissions activity within the State from emitting any air pollutant in amounts which 

will-

(1) contribute significantly to nonattainment in, or interfere with maintenance by, any 

other State with respect to any such national primary or secondary ambient air quality 

standard, or 

(II) interfere with measures required to be included in the applicable implementation 

plan for any other State under part C of this subchapter to prevent significant 

deterioration of air quality or to protect visibility 

I. Contribute significantly to nonattainment ofNAAQSfor areas in another state 

(Prong 1). 

When an approved federal interstate transport rule is approved, it should 

satisfY this criterion. 

2. Interfere with maintenance ofNAAQS by any other State (Prong 2). 

When an approved federal interstate transport rule is approved, it should 

satisfY this criterion. 

3. Interfere with measures required to meet the Implementation Plan for any 

other State related to Prevention of Significant Deterioration (Prong 3). 

SIP Section APC-S-5 shows where 40 CFR 52.21 and 40 CFR 51.166 were 

adopted by reference into the SIP. Therefore, new major sources and major 

modifications are subject to PSD. 

4. Interfere with measures required to meet the implementation plan for any 

other State related to Regional Haze and Visibility (Prong 4). 

Mississippi submitted its Regional Haze Implementation Plan to EPA on 

September 22, 2008. 

(ii) Each such Plan shall[. .. } contain adequate provisions insuring compliance 

with the applicable requirements of sections 115 and 126(b) that involve ozone 

precursor emissions (relating to interstate and international pollution 

abatement)." EPA has no reason to approve or disapprove any existing state 

rules with regard to these provisions. 

SIP Section APC-S-5 shows where 40 CFR 51.166 was adopted by reference into 

the SIP. These regulations require notification of potential impacts from new or 

Ozone Infrastructure SIP Certification- Final 

Revised June 20, 2012 

3 
modified sources to state and local agencies of neighboring states. Therefore, the 

SIP meets the requirements ofthis criterion. 

Section 110(a)(2)(E) 

Provide 

(i) necessary assurances that the State (or, except where the Administrator deems 

inappropriate, the general purpose local government or governments, or a regional 

agency designated by the State or general purpose local governments for such purpose) 

will have adequate personnel, funding, and authority under State (and, as appropriate, 

local) law to carry out such implementation plan (and is not prohibited by any provision 

of Federal or State law from carrying out such implementation plan or portion thereof), 

(ii) requirements that the State comply with the requirements respecting State boards 

under section 1 of this title, and 

(iii) necessary assurances that, where the State has relied on a local or regional 

government, agency, or instrumentality for the implementation of any plan provision, the 

State has responsibility for ensuring adequate implementation of such plan provision; 

SIP Appendix A-8, Section 49-17-17(h), provides for authority under State law to carry 

out its SIP and related issues. SIP Appendix A-8, Section 49-17-17(d), grants MDEQ 

statutory authority to accept and administer laws and grants from the federal government 

and from other sources, pub I ic and private, for carrying out any of its functions, which 

loans and grants shall not be expended for other than the purposes for which provided. 

Section 11 0( a )(2)(F) 

Require, as may be prescribed by the Administrator-

(i) the installation, maintenance, and replacement of equipment, and the implementation 

of other necessary steps, by owners or operators of stationary sources to monitor 

emissions from such sources, 

(ii) periodic reports on the nature and amounts of emissions and emissions-related data 

from such sources, and 

(iii) correlation of such reports by the State agency with any emission limitations or 

standards established pursuant to this chapter, which reports shall be available at 

reasonable times for public inspection. 

SIP Section APC-S-2, Section VI lists requirements for compliance testing that is 

required to be included in any MDEQ air pollution permit. SIP Appendix A-8, Section 

49-17-21, states that MDEQ has the authority to require the maintenance of records 

related to the operation of air contaminant sources and any authorized representative of 

the Commission may examine and copy any such records or memoranda pertaining to the 

operation of such contaminant source. The Commission may require the installation, 

maintenance, and use of such monitoring equipment and methods at such locations and 

intervals as the Commission deems necessary. 

Ozone Infrastructure SIP Certification- Final 

Revised June 20,2012 

4 
SIP Section APC-S-2, Section IX requires that copies of records relating to the operation 

of air contamination sources shall be submitted to the Permit Board as required by the 

permit or upon request. 

Section 110(a)(2)(G) 

Provide for authority comparable to that in section 303 of this title and adequate 

contingency plans to implement such authority. 

SIP Appendix A-8, Section 49-17-27, states that in the event an emergency is found to 

exist by the Commission, it may issue an emergency order as circumstances may require. 

SIP Section APC-S-3 states then the MDEQ Director determines that an Air Pollution 

Emergency Episode condition exists at one or more monitoring sites solely because of 

emissions from a limited number of sources, he may order such source or sources to put 

into effect the emission control programs which are applicable for each episode stage. 

SIP Section APC-S-3 also lists regulations to prevent the excessive buildup of air 

pollutants during air pollution episodes. 

Section 110(a)(2)(H) 

Provide for revision of such plan-

(i) from time to time as may be necessary to take account of revisions of such national 

primary or secondary ambient air quality standard or the availability of improved or 

more expeditious methods of attaining such standard, and 

(ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the 

basis of information available to the Administrator that the plan is substantially 

inadequate to attain the national ambient air quality standard which it implements or to 

otherwise comply with any additional requirements established under this chapter. 

(i) SIP Appendix A-8, Section 49-17-17(h) provides MDEQ with the necessary 

statutory authority to revise the SIP to accommodate changes to the NAAQS. 

(ii) SIP Appendix A-8, Section 49-17-17(h) provides MDEQ with the necessary 

statutory authority to revise the SIP if the Administrator finds the plan to be 

substantially inadequate to attain the NAAQS. 

Ozone Infrastructure SIP Certification -Final 

Revised June 20, 2012 

5 
Section 110(a)(2)(D 

In the case of a plan or plan revision for an area designated as a nonattainment area, 

meet the applicable requirements of part D of this subchapter (relating to nonattainment 

areas). 

Currently, Mississippi is in attainment with the ozone NAAQS. However, if the State is 

designated as nonattainment in the future, SIP Appendix A-8, Section 49-17-17, provides 

MDEQ with the necessary statutory authority to revise the SIP. 

Section 110(a)(2)(J) 

Meet the applicable requirements of section 121 of this title (relating to consultation), 

section 127 of this title (relating to public notification), and part C ofthis subchapter 

(relating to prevention of significant deterioration of air quality and visibility protection). 

SIP Section APC-S-5, in addition to provisions in separate implementation plans (such as 

the Regional Haze Implementation Plan) provide for continued consultation with 

government officials. SIP Appendix A-8, Section 49-17-17(c), provides MDEQ with the 

necessary statutory authority to advise, consult, cooperate, or enter into contracts, grants, 

and cooperative agreements with any federal or state agency or subdivision thereof. 

MDEQ has public notice mechanisms in place to notify the public of ozone. These 

include the MDEQ web site where changes in regulations, air quality summary data, and 

daily AQI reports. Also, certain regulatory actions may also be published in newspapers 

and/or public hearings. SIP Section APC-S-3 requires that MDEQ notify the public of 

any air pollution alert, warning, or emergency. 

SIP Section APC-S-5 addresses PSD applicable requirements of Part C. The Regional 

Haze Implementation Plan addresses visibility protection applicable requirements ofPart 

c. 

Section 110(a)(2)(K) 

Provide for-

(i) the performance of such air quality modeling as the Administrator may prescribe for 

the purpose of predicting the effect on ambient air quality of any emissions of any air 

pollutant for which the Administrator has established a national ambient air quality 

standard, and 

(ii) the submission, upon request, of data related to such air quality modeling to the 

Administrator. 

SIP Sections APC-S-2, V.B. and APC-S-5 require that air modeling be conducted to 

determine permit applicability. 

Ozone Infrastructure SIP Certification- Final 

Revised June 20, 2012 

6 
Section 110(a)(2)(L) 

Require the owner or operator of each major stationary source to pay to the permitting 

authority, as a condition of any permit required under this chapter, a fee sufficient to 

cover-

(i) the reasonable costs of reviewing and acting upon any application for such a permit, 

and 

(ii) if the owner or operator receives a permit for such source, the reasonable costs of 

implementing and enforcing the terms and conditions of any such permit (not including 

any court costs or other costs associated with any eriforcement action), 

until such fee requirement is superseded with respect to such sources by the 

Administrator's approval of a fee program under subchapter V of this chapter. 

SIP Appendix A-8, Section 49-17-30, provides for the assessment of Title V permit fees 

to cover these costs. 

Section 110(a)(2)(M) 

Provide for consultation and participation by local political subdivisions affected by the 

plan. 

SIP Appendix A-8, Section 49-17-17(c), gives the Commission the statutory authority to 

advise and consult with any political subdivisions in the State. SIP Appendix A-8, 

Section 49-17 -19(b) requires the Commission to conduct public hearings in accordance 

with EPA regulations prior to establishing, amending, or repealing standards of air 

quality. 

Ozone Infrastructure SIP Certification - Final 

Revised June 20, 2012 

7 
Public participation for Mississippi Ozone Infrastructure SIP. 

Public participation on the Mississippi Ozone Infrastructure SIP was achieved by a public 

comment period that began on March 28, 2012 and ended on April 27, 2012. The notice 

for public hearing was published consistent with procedures approved by EPA. 

The notice of public hearing was published on March 28, 2012, in daily newspapers in 

the cities of Gulfport, Jackson, and Tupelo in the State of Mississippi. The notice of 

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

main branches of the public libraries in the above mentioned cities and at the Mississippi 

Department ofEnvironmental Quality, 515 E. Amite St., Jackson, Mississippi, 39201 and 

was also made available on the Department's website http://www.deq.state.ms.us. 

The notice of public hearing and proofs of publication follow this page. 

Ozone Infrastructure SIP Certification -Final 

Revised June 20, 2012 

8 
Public Notice 

Mississippi Commission on Environmental Quality 

P. 0. Box 2261 

Jackson, MS 39225 

Telephone No. (601) 961-5171 

Public Notice Start Date: March 28, 2012 

Deadline for Comment: April27, 2012 

MDEQ Contact: Jerry Beasley 

Please take note that the Mississippi Commission on Environmental Quality 

("Commission") is providing draft information for comment regarding the Mississippi 

Certification that the State Implementation Plan for the Control of Air Pollution is 

adequate to comply with the requirements of Section 110(a)(l) and (2) of the Federal 

Clean Air Act as it pertains to the National Ambient Air Quality Standards for Ozone as 

promulgated by the U.S. Environmental Protection Agency (EPA). 

Copies of the draft certification may be obtained by writing or calling Joanne Rials at the 

address and telephone number listed above. The draft certification information is also 

available for public review from Wednesday, March 28, 2012, through Friday, April 27, 

2012, at the main branch of public libraries in cities of Gulfport, Jackson, and Tupelo. 

For those persons with internet access, the draft certification information may be found 

on the Mississippi Department of Environmental Quality's website at 

http://www.deq.state.ms.us by clicking on Programs; Air Quality; New Information. 

Persons wishing to comment on the draft certification are invited to submit comments in 

writing to Jerry Beasley at the Commission's address shown above, no later than 5:00 

p.m. on Friday, April 27, 2012. All comments received by this date will be considered in 

preparation of the final submission of the certification information to EPA. A public 

hearing may be held if the Commission finds a significant degree of public interest in the 

draft certification. 

Please bring the foregoing to the attention of persons whom you know will be interested. 

Ozone Infrastructure SIP Certification- Final 

Revised June 20, 2012 

9 
PASTE PROOF HERE 

C58849 

MS DEPT. OF ENV. QUALITY, 

0200398102 

Ozone lnfrastructor SIP Certification 

PROOF OF PUBLICATION 

THE STATE OF MISSISSIPPI 

HINDS COUNTY 

- PERSONALLY appeared before me, the undersigned notary 

public in and for Hinds County, Mississippi, 

ANN MIDDEKE 

an authorized clerk of THE CLARION-LEDGER, a 

newspaper as defined and prescribed in Sections 13-3-31 

and 13-3-32, of the Mississippi Code of 1972, as amended, 

who, being duly sworn, states that the notice, a true copy of 

which is hereto attached, appeared in the issues of said 

newspaper as follows: 

3/28/2012 

Size: 321 words /1.00 col. x 86.00 lines 

Published: 1 time(s) 

Total: $52.02 

Authorized 

Signed 

Clerk 

~ln~ of 

The Clarion-Ledger 

SWORN to and subscribedzore me on 3/28/2012. 

( - J . "J I 

/-1 ~ 

Notary Public I RICK TYLER 

Notary Public State of Mississippi at Large. Bonded thru 

Notary Public Underwriters 

(SEAL) 

·········· .··<f MISStC::.:> ••• . -·~0~; ... -~~··. /~o..~./.~-;_'1- TY(.~-'\)-...._ '9- \. :CI'),I~ 0 \* ·~ f * f NOTARY pUBUC I \ 

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·················· 
STATE OF MISSISSIPPI , LEE COUNTY: 

RECEIVED 

/ ' .J ' , . , . 2 'Jt)' ., 

'"'·· J.C, 

Dept of Environmental 0 . DIANNE P. POWELL uall ~otary Public, Personally appeared before me, 

in and for said County and State, ----=H=·....:C:.::LA=Y:...;F=-0=-S=-T=-E:::R:..:;z...:, JR=·----- Publisher ofa 

newspaper printed and published in the City of Tupelo. Lee County, Mississippi, called The 

Northeast Mississippi Daily Journal, who being duly sworn, deposes and says that the publication 

of a certain notice, a true copy of which is hereunto attached, has been made in said newspaper for 

_/_weeks consecutively to-wit: . 

Votl3S . No.3~~ Date Nli,. d.lt 2oJ.a 

Vol. .No. Date 20_ 

Vol. .No. Date 20_ 

Vol. .No. Date 20_ 

Voi. _, .No. Date 20_ 

Vol. __ .~~ Xif ___ 20 

Witness my hand and seal this c1~ day 

of ~c.t... . 20-'L 

&<-~ Y! ·PirUK11 

M C .,oooo:notoooo 

y om miss ion expires. ___ ""':"'~··-i;o;;'f;..::-'~::ru~Q S~$~h·;..··--

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#24226 

LEGAL NOTICE 

PubliC Notice 

Mississippi CommissiOn on Envlronmentlll Quality P. o. Box 22&1 

Ja~nh~n~ ~o~5 (6ol~ 961·5171 

Public Notfce Start Date: 

March 28, 2012 

MDEQ Contact: 

JerTY Beasley 

Deadline for Comment: 

Ap~~~~ 2?Ne note that 

the Mississippi COmmission on Environmental 

Quality ("Commission"} Is 

providing draft lnforma· 

tlon for comment regard· lng the Mississippi Certification that the State 

lmplementlltlon Plan for 

the Control of Air Pollution 

Is adequate to comply with . the requirements of sec- . tlon 110(a)(1) and {2) of 

the Federal Clean Air Act as It pertains . to the 

National Ambient Air Qual· 

Jty Standards tnr.Ozone.as 

promulgated by the u.s. 

Environmental Protection 

A~e£E~flhe draft cer· 

tlftcatton may be obtlllned 

by writing or calling 

Joanne Rials at the 

address and telephone number listed above. The 

draft certlftcatiOn lnforma· 

tlcn Is also available far, public review fraln 

Wednesday; l'lliTCh 28, 2012, through Friday, 

April 27, 2012, at the 

main branch of public libraries In dtles of Gulfport, Jackson, and l\lpela. Far th cse persons with 

Internet access, the draft 

certlncatlan Information 

may be found an the Mls· 

slsslppl Department of 

Environmental Quality's website at h!:I:Q! l/www. 

dec :;yrte,ms.u& gy dlcklng en Programs; Air QualltV£. New Information • .-ersans wishing to com· ment an the draft certlfl· 

cation are Invited to sub· 

mit comments In writing to Jerry Beasley at the 

Commission's address 

shown above, no later 

than 5:00 p.m. an Friday, April 27, 2012. All com- ments received by this 

date will be considered In prepar;~tlan of the flnal 

submissiOn of the certlftcatlan Information to EPA. 

A public hearing may be 

held If the COmmission 

finds a significant degree 

of public Interest In the 

draft certlflcatlcn. 

Please bring the forego- Ing to the attention of per- sons wham you knOw will 

be Interested. 

March 28, 2012. 
. ' 

PROOF OF PUBLICATION 

STATE OF MISSISSIPPI 

COUNTY OF HARRISON 

of Harrison County, 

Mississippi personally appeared ~ 

who, being by me first duly swor'n, did epose and say that she is a 

clerk of The Sun Herald a newspaper published in the city 

Gy,lfport , in Harrison County, Mississippi, and the publication 

of the notice, a copy of which is hereto attached, has been made 

in said paper \ times in the following numbers and on the 

following dates of such paper, viz: 

Vo1.IZ'6 No., ill dated ZlL day of rJ'\.o.&b. ·20 {2 "'-.-

Vol. . ..... - No., __ dated __ day of ,20 __ 

' 

Vol. No ., __ . _ dated __ day of :20 __ 

Vol. No., __ dated __ day of ,20 __ 

Vol. No., __ dated __ day of ,20 __ 

Vol. No ., __ dated __ day of ,20 __ 

Vol. No., __ dated __ day of ,20 __ 

Affiant further states on oath that said newspaper has been 

established and published continuously in said country for a period 

of more than twelve months n\xt prior to the first publication of said 

no~ce. ~~ 

Clerk 

Swam to and subscribed before me this ___;2;..........;f1;..._ __ day of 

(fun:h- I A.D., 20 /2 
Response to Comments for Mississippi Ozone Infrastructure SIP 

EPA Region 4 submitted a comment letter during the public comment period. There 

were no other comments received. The EPA comment letter which follows this page 

stated that CAIR and CSAPR are not appropriate to comply with the requirements of 

Section 110(a)(2)(D)(i)-(ii) of the Federal Clean Air Act. Mississippi's response to 

EPA's comment is that when a federal interstate transport rule is approved, it should 

satisfy the requirements of Section 110(a)(2)(D)(i)-(ii). In addition, EPA suggested 

clarifications to the SIP document in order to more clearly portray the information 

presented. Mississippi's response is that the suggested clarifications were considered but 

are not needed for the SIP document. 

Ozone Infrastructure SJ P Certification -Final 

Revised June 20,2012 

10 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 4 

Ms. Maya Rao. Chief 

Air Division 

Office of Pollution Control 

Mississippi Department of 

Environmental Quality 

P.O. Box 2261 

Jackson, Mississippi 39225-2261 

Dear Ms. Rao: 

ATLANTA FEDERAL CENTER 

61 FORSYTH STREET 

ATLANTA, GEORGIA 30303-8960 

APR 2 7 2012 

Thank you for your March 28, 2012, submittal transmitting a prehearing package addressing 

Mississippi's State Implementation Plan (SIP) compliance with the requirements of section 11 0( a)(2) of 

the Clean Air Act regarding implementation of the 2008 ozone national ambient air quality standard. 

This SIP submittal is the subject of a public comment period which began on March 28, 2012, with 

written comments due by the close of business on April 27, 2012. We have completed our review of the 

prehearing submittal and offer comments in an enclosure to this letter for your review and consideration. 

On December 23, 2008, the Clean Air Interstate Rule (CAIR) was remanded by the D.C. Circuit Court 

of Appeals, without vacatur, back to EPA. In response to the remand of the CAIR, U. S. Environmental 

Protection Agency promulgated a new rule to address the interstate transport "Cross-state Air Pollution 

Rule" (CSAPR) on August 8, 2011. On December 30, 2011 , the CSAPR rule was stayed by the D.C. 

Circuit Court of Appeals and CAIR was put in place. At this time, EPA maintains that neither the CAIR 

nor the CSAPR are appropriate to comply with 110(a)(2)(D)(i)-(ii) for the 2008 8-hour ozone NAAQS. 

We appreciate your transmittal of this package for our consideration. If you have any questions, please 

contact Ms. Lynorae Benjamin, Chief, Regulatory Development Section at ( 404) 562-9040, or have your 

staff contact Ms. Twunjala Bradley at (404) 562-9352. 

Enclosure 

Sincerely, 

R. Scott Davis, Chief 

Air Planning Branch 

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

Recycled/Recyclable. Prinled w~h Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Poslconsumer) 
,-

EPA Comments for Prehearing Submittal for 

Mississippi 2008 8-hour Ozone Infrastructure SIP 

April27, 2012 

I. Suggested Clarifications: 

The following comments are suggested clarifications that would be helpful to more clearly portray the 

infom1ation presented. 

1. 11 O(a)(2)(C) and (J) - EPA suggests Mississippi clarify that the State's Prevention of Significant 

Deterioration (PSD) regulations at APC-S-5 recognize nitrogen oxide as a precursor to ozone 

and establishes appropriate emissions thresholds for detem1ining PSD applicability with respect 

to new and modified greenhouse gas emitting sources. 

2. 11 O(a)(2)(E)(ii) - EPA suggests that Mississippi clearly convey that the Mississippi Depattment 

of Environmental Quality has or will initiate rulemaking to adopt into the SIP provisions to 

comply with conflict of interests requirement, consistent with section 128 of the Clean Air Act, 

for 11 O(a)(2)(E)(ii).