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) ofthe 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 ofyour 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 othercomments received. TheEPA comment letter stated that CAIR and CSAPR are not appropriate to comply with the requirements ofSection 11 O(a)(2)(D)(i)-(ii) ofthe 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 ofSection 110(a)(2)(D)(i)-(ii). We feel that this revised Ozone Infrastructure SIP submittal is complete. Therefore, we are requesting EPA approval ofthis SIP into the federally approved Mississippi State Implementation Plan. Ifyou have anyquestions orneed further information, please contact me orMayaRao ofmy staffat (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 ofthe 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 ofAir Contaminants" APC-S-2

- Mississippi Commission on Environmental Quality "Permit Regulation for the Construction and/or Operation ofAir Emissions Equipment" APC-S-3 -Mississippi Commission on Environmental Quality "Mississippi Regulations for the Prevention ofAir Pollution Emergency Episodes" APC-S-5 -Mississippi Commission on Environmental Quality "Mississippi Regulations for the Prevention ofSignificant Deterioration ofAir Quality" Appendix A-8- Mississippi Code Title 49
Section llO(a)(l) Each State shall, after reasonable notice and public hearings, adopt andsubmit to the Administrator, within 3years (or such shorterperiodas the Administrator may prescribe) after thepromulgation of a nationalprimary ambient air quality standard (or any revision thereof) under section I 09 of this titlefor any airpollutant, aplan which provides for implementation, maintenance, andenforcement of suchprimary standard in each air quality control region (orportion thereof) within such State. In addition, such State shall adopt andsubmit to the Administrator (either as apart of aplan submitted under thepreceding sentence or separately) within 3years (or such shorterperiodas the Administrator mayprescribe) after thepromulgation of a national ambient air quality secondary standard (or revision thereof), aplan whichprovides for implementation, maintenance, andenforcement of such secondary standard in each air quality control region (orportion thereof) within such State. Unless a separatepublic hearing is provided, each State shall consider itsplan implementing such secondary standardat the hearing required by thefirst sentence of thisparagraph.

Ozone Infrastructure SIP Certification- Final Revised June 20, 2012The submittal ofthis 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 andother control measures, means, or techniques (including economic incentives such asfees, marketablepermits, andauctions of emissions rights), as well as schedules and timetablesfor 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 ofpollution. Section 110(a)(2)(B) 

### Providefor establishment andoperation of appropriate devices, methods, systems, and procedures necessary to
- (i) 

### monitor , compile, andanalyze 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 "2011 Annual Monitoring Network Plan for Mississippi" provides the details ofthe ambient air quality monitoring system in the state. Section 110(a)(2)(C) 

### Include aprogram to providefor the enforcement of the measures described in subparagraph (A), andregulation of the modification andconstruction of any stationary source within the areas covered by theplan as necessary to assure that national ambient air quality standards are achieved, including apermitprogram as required inparts 

### C andD of this subchapter

. SIP Sections APC-S-5 and APC-S-2, Section V. apply to the construction ofany new major stationary source or any existing major stationary sources. SIP Section APC-S-2, Section VI. provides for the enforcement ofmeasures described in Section 11O(a)(2)(A).

Ozone Infrastructure SIP Certification- Final Revised June 20.20 12 2Section 110(a)(2)(D) Contain adequateprovisions- (i) prohibiting, consistent with theprovisions of this subchapter, any source or other type of emissions activity within the Statefrom emitting any airpollutant in amounts which will- (1) contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to any such nationalprimary orsecondary ambient air quality standard, or (II) interfere with measures required to be included in the applicable implementation plan for any other State underpart C of this subchapter toprevent significant deterioration of air quality or toprotect 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 implementationplan for any other State related to RegionalHaze and Visibility (Prong 4). Mississippi submitted its Regional Haze Implementation Plan to EPA on September 22, 2008. (ii) Each such Plan shall[.

..} contain adequateprovisions insuring compliance with the applicable requirements of sections 115 and 126(b) that involve ozone precursor emissions (relating to interstate and internationalpollution abatement)." EPA has no reason to approve or disapprove any existingstate rules with regard to theseprovisions. SIP Section APC-S-5 shows where 40 CFR 51.166 was adopted by reference into the SIP. These regulations require notification ofpotential impacts from new or

Ozone Infrastructure SIP Certification- Final Revised June 20, 2012 3modified sources to state and local agencies ofneighboring 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 generalpurpose local government or governments, or a regional agency designated by the State or generalpurpose local governments for suchpurpose) will have adequatepersonnel,funding, andauthority under State (and, as appropriate, local) law to carry out such implementationplan (and is notprohibited by anyprovision of Federal orState lawfrom carrying out such implementationplan orportion 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 reliedon a local or regional government, agency, or instrumentality for the implementation of anyplanprovision, the State has responsibility for ensuring adequate implementation of suchplanprovision; 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, pubIic and private, for carrying out any ofits functions, which loans and grants shall not be expended for other than the purposes for which provided.

Section 110( a)(2)(F) 

### Require, as may beprescribedby the Administrator- (i) the installation, maintenance, andreplacement 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 andemissions-related data from such sources, and

(iii) correlation of such reports by the State agency with any emission limitations or standards establishedpursuant to this chapter, which reports shall be available at reasonable timesforpublic 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 ofrecords related to the operation ofair contaminant sources and any authorized representative of the Commission may examine and copy any such records or memoranda pertaining to the operation ofsuch contaminant source. The Commission may require the installation, maintenance, and use ofsuch monitoring equipment and methods at such locations and intervals as the Commission deems necessary.

Ozone Infrastructure SIP Certification- Final Revised June 20,2012 4SIP Section APC-S-2, Section IX requires that copies ofrecords relating to the operation ofair contamination sources shall be submitted to the Permit Board as required by the permit or upon request. Section 110(a)(2)(G) 

### Providefor authority comparable to that in section 303 of this title andadequate contingencyplans 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 ofsources, 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 ofair pollutants during air pollution episodes. Section 110(a)(2)(H) 

### Providefor revision of suchplan- (i)from time to time as may be necessary to take account of revisions of such national primary orsecondary ambient air quality standardor the availability of improvedor more expeditious methods of attaining such standard, and (ii) except asprovided inparagraph (3)(C), whenever the Administrator finds on the basis of information available to the Administrator that theplan 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 ifthe Administrator finds the plan to be substantially inadequate to attain the NAAQS.

Ozone Infrastructure SIP Certification -Final Revised June 20, 2012 5Section 110(a)(2)(D In the case of aplan orplan revisionfor an area designated as a nonattainment area, meet the applicable requirements of partD of this subchapter (relating to nonattainment areas). Currently, Mississippi is in attainment with the ozone NAAQS. However, ifthe 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 topublic notification), and part C ofthis subchapter (relating toprevention of significant deterioration of air quality andvisibilityprotection).

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 ofozone. 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 ofPart C. The Regional Haze Implementation Plan addresses visibility protection applicable requirements ofPart 

## c. Section 110(a)(2)(K) Provide for- (i) theperformance of such air quality modeling as the Administrator mayprescribefor thepurpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the Administrator has establisheda 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 topay to thepermitting authority, as a condition of anypermit required under this chapter, a fee sufficient to cover - (i) the reasonable costs of reviewing andacting upon any application for such apermit , and (ii) 

## if the owner or operator receives apermit for such source, the reasonable costs of implementing andenforcing the terms andconditions of any suchpermit (not including any court costs or other costs associated with any eriforcement action), until suchfee requirement is superseded with respect to such sources by the Administrator's approval of a

feeprogram under subchapter Vof this chapter

. SIP Appendix A-8, Section 49-17-30, provides for the assessment ofTitle V permit fees to cover these costs. 

### Section 110(a)(2)(M) Providefor consultation and participation by localpolitical 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 ofair quality.

Ozone Inf rastructure SIP Certification

- Final Revised June 20, 2012 7Public 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 ofthe 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 ofpublic hearing and proofs ofpublication follow this page.

Ozone Infrastructure SIP Certification -Final Revised June 20, 2012 8Public 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 ofthe 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 ifthe Commission finds a significant degree ofpublic interest in the draft certification. Please bring the foregoing to the attention ofpersons 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 ofTHE CLARION-LEDGER, a newspaper as defined and prescribed in Sections 13-3-31 and 13-3-32, ofthe 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 Signed

# ~ln~ Authorized Clerk 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)



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### 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 ofwhich is hereunto attached, has been made in said newspaper for _/_weeks consecutively to-wit:

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### 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 ofAir 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 thcse 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 OFPUBLICATION
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 

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# /2Response 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 10UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4

Ms. Maya Rao. Chief Air Division Office ofPollution 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 27 2012

Thank you for your March 28, 2012, submittal transmitting a prehearing package addressing Mississippi's State Implementation Plan (SIP) compliance with the requirements ofsection 110(a)(2) of the Clean Air Act regarding implementation ofthe 2008 ozone national ambient air quality standard. This SIP submittal is the subject ofa public comment period which began on March 28, 2012, with written comments due by the close ofbusiness on April 27, 2012. We have completed our review ofthe 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 ofAppeals, without vacatur, back to EPA. In response to the remand ofthe 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 ofAppeals 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 ofthis package for our consideration. Ifyou have any questions, please contact Ms. Lynorae Benjamin, Chief , Regulatory Development Section at (404) 562-9040, or have your staffcontact 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 O il 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 ofSignificant 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 ofEnvironmental Quality has or will initiate rulemaking to adopt into the SIP provisions to comply with conflict ofinterests requirement, consistent with section 128 ofthe Clean Air Act, for 11 O(a)(2)(E)(ii).