ATTACHMENT I 

MISSISSIPPI DEQ LETTER TO EPA DATED MAY 24, 2007 

1 I Oa2di SIP TSD Final August 23, 2007 

State of Mississippi 

C. Simmons 
S`TA'IT OF MISSISSIPPI 

HAmr BARBom 

GOWRNOR 

MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY 

°rauar 4) . Easwm Exm%rrYVE: i)nRF.c. 

May 24, 20{l7 

Mr. J. 1. Palmer, ,lx. 

Regional Administrator, Region. 4 

Linited Stafies Environmental Protection Agency 

61 Forsyth Street 

Atlanta, GA 3{13f}3-8360 

Dear Mr. Palmer. 

Re: Requirements of Federal Clean Air Acx Section ~11 Q(a)(2)(d)(i) 

We have received guidance from EPA regarding the requirements of Section 

110(a)(2)(d)(i) addressing interstate air pollution transport for the 199"7 8-hour ozone and 

PNI,2.5 National Ambient Air Quality Standards (NAAQS). We understand that this 

guideline outlines four parts (or prongs) that a state must address to satisfy the Section 

110(a)(2)(D)(i) SIP requirement. 

Based on. our conversation with your staff on May 9, 2007, we understand that the State of 

Mississippi has met the requirements of Prong 7 and Prong 2 by submitting the State 

implementation Plan Revision (SIP Revision) addressing the requirements of the Clean Air 

Interstate Rule (C:AIR). Mississippi is on track with the requirements of Prong 3 and 

Prong 4 as discussed below. 

We lave initiated a PSD SIP ReVision to meet the requirements of Prong 3 and expect to 

go to public notice by June 15, 2007. Prong 3 requires a SIP submission confirming that 

the major sources are currently subject to PSD and NNSR,permitting programs that apply 

to the 8-hour ozone standard and adopting the requirements of the Phase II ozone 

implementation rule, Mississippi is in attainment with all NAAQS so we will .address only 

the PSD requirements. We confirm that VC9C and NO,, are considered to be precursors to 

ozone. Prong 3 also states that for PM2.s standard, a SIP submission is needed that 

confirms that rna,jor sources are subject to a PSD and NNSR permitting program 

implemented in accordance with EPA's interim guidance of using PIVI10 as a surrogate for 

PI+i.Cz,s. We have been following EPA's guidance on using PM10 as surrogate for PM23. 

Our response to addressing the Prong four requirements is that we are currently planning to 

submit the Regional Haze SIP by the December 17, 2007 deaclline. We will public notice a 

statement that "It is not possible at this time to assess whether there is any interference 

Posr Gi~ricE Box 20305 " .lAc;tcsora, MrsscsscrM 39289-1305 - TEL: (6tt1) 9b1-SOO0 * Fnx: (G{)1) 961-5794 - wvrvv.deqstate.ms.us 

.AN EQvwi. C3rPoRrcrsi-rr EMPLOYER 

with measures in the applicable S.iP .for another State designed -to protect visibility until 

Regional Haze SIPs are, finalized. We are actively working towards the Regional 

development and are currently plamaing to submit that by the December 17, 2007 

deadline." 

:If you have any questions, please contact Maya Rao of my staff at 60l-9fi1-a242. 

Sincerely, 

Tzudy D' -M. 

Executive Director 

SIP 

TDFIMRjar 
ATTACHMENT 2 

AMENDMENTS TO 

"REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION OF 

AIR QUALITY" 

APC-S-5 

I I Oa2di SIP TSD Final August 23, 2007 

State of Mississippi 

C. Simmons 
Amendments to "Regulations for the Prevention of Significant Deterioration of Air Quality", APCS-5" are as follows this page. 

I I Oa2di SIP TSD Final August 23, 2007 

State of Mississippi 

C. Simmons 
MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

"REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION OF 

AIR QUALITY" 

APC-S-5 

Ad opted August 23, 2007 

I I Oa2di SIP TSD Final August 23, 2007 

State of Mississippi 

C. Simmons 
MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION 

OF AIR QUALITY 

APC-S-5 

Adopted June 28, 1990 

Amended April 25, 1991 

Amended December 9, 1993 

Amended August 22, 1996 

Amended July 28, 2005 

Adopted Auizust 23, 2007 

1 . The purpose of this regulation is to implement a program for the prevention of significant 

deterioration of air quality as required by 40 CFR 51 .166. This regulation supercedes and 

replaces the previous adoption by reference of 40 CFR 52.21 and 40 CFR 51 .166. 

40 CFR 52.21 and 51 .166 as used in this regulation refer to the federal regulations as 

amended and promulgated by duly 'o4June 15, 2007 , except as provided in 2. below. 

CFR refers to the "Code of Federal Regulations." 

2. Other than the subsections and phrases listed below and except for the changes set forth in 

Section 3 . of this regulation, the provisions of 40 CFR 52.21 as amended and promulgated 

by July '~June 15, 2007, are incorporated herein and adopted by reference. by the 

Mississippi Commission on Environmental Quality as official regulations of the State of 

Mississippi and shall hereafter be enforceable as such. The following subsection and phrases 

of 40 CFR 52.21 are excluded from this regulation: 

2.1 (a)[Plan disapproval], 

2 .2 (q)[Public Participation], 

2.3 (s) [Environmental Impact Statement], 

2.4 (u)[Delegation of authority], 

2 .5 (x)[Clean Unit Test], 

2.6 (y)[Clean Unit Provisions], 

2.7 (z)[PCP exclusion procedural requirements], 

2 .8 (cc) [Routine maintenance, repair, and replacement], and 
2.9 The phrase "in circumstances where there is a reasonable possibility that a project 

that is not a part of a major modification may result in a significant emissions 

increase" in paragraph (r)(6) of (r)[Source obligation] . 

3 . The term "Administrator" as it appears in 40 CFR 52.21 shall mean the Mississippi 

Environmental Quality Permit Board, except that : 

3 .1 In subparagraph (b)(3)(iii) [relating to "net emissions increase"], it shall mean either 

the Mississippi Environmental Quality Permit Board or the Administrator of the 

United States Environmental Protection Agency (USEPA). 

3 .2 In the following subsections, it shall continue to mean the Administrator of the 

USEPA: 

a. (b)(17) [definition of "federally enforceable"]; 

b. paragraph b(37)(i) ; 

c. paragraph b(43); 

d. paragraph b(48)(ii)(c) ; 

e. paragraph b(50)(i); 

f. paragraph b(51); 

g. (g)(1)-(g)(6) [Redesignation] ; 

h. (1)(2) [Air quality models] ; 

i. (p)(2) [concerning Federal Land Manager]; 

(t) [Disputed permits or redesignations] . 

4 . Subsections 40 CFR 51 .166(f) Exclusions from Increment Consumption (excluding the 

phrase "The plan may provide that . . .") and 40 CFR 51 .166(q) "Public Participation" 

(excluding the phrase "The plan shall provide that .") are incorporated herein and adopted by 

reference, except for the changes set forth below: 

4.1 The phrases "the plan provides that" and "it shall also provide that" are excluded 

from paragraph 40 CFR 51 .166(f)(2), 

4.2 The term "Administrator" as it appears in subparagraphs (f)(1)(v), (f)(4), and 

(q)(2)(iv) shall continue to mean the Administrator of the USEPA, 
4.3 The phrase "specified time period" in subparagraph (q)(1) shall mean thirty (30) days, 

4.4 The phrase "reviewing authority" shall mean Mississippi Department of 

Environmental Quality, and 

4.5 The words "one year" in subparagraph (q)(2) shall be replaced by the words "one 

hundred and fifty (150) days." 

5 . The Executive Director of the Mississippi Department of Environmental Quality shall 

transmit to the Administrator of the USEPA a copy of each permit application filed under 

this regulation and shall notify the Administrator of the USEPA of each significant action the 

Executive Director takes on the application. 

6. This regulation applies to any stationary source or modification to which 40 CFR 52 .21 

applied as of the date of adoption of this regulation, but for which the Mississippi 

Environmental Quality Permit Board had not issued a permit pursuant to 40 CFR 52.21 by 

that date. 

I IOa2di SIP TSD Final August 23, 2007 

State of Mississippi 

C. Simmons 
ATTACHMENT 3 

NOTICE OF PUBLIC HEARING 

PROOFS OF PUBLICATION 

110a2di SIP TSD Final August 23, 2007 

State of Mississippi 

C. Simmons 
MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

NOTICE OF PROPOSED RULEMAKING 

NOTICE OF PUBLIC HEARING 

PUBLIC NOTICE START DATE: June 15, 2007 

PLEASE TAKE NOTE that the Mississippi Commission on Environmental Quality ("Commission") 

is considering a Revision to the State Implementation Plan for Air Pollution Control (SIP Revision) 

and amendments to state air pollution control regulation entitled "Regulations for the Prevention of 

Significant Deterioration of Air Quality", APC-S-5. The proposed SIP Revision and regulation 

amendments will be applicable statewide. 

The proposed SIP Revision involves the addition of clarifying language confirming that the 

Mississippi Department of Environmental Quality (MDEQ is complying with the provisions of 

section 110(a)(2)(D)(i) of the Clean Air Act with respect to the Prevention of Significant 

Deterioration air permitting program and plans for implementing federal regional haze regulations 

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

The SIP Revision includes : 

A. Proposed amendments to "Regulations for the Prevention of Significant Deterioration 

of Air Quality", APC-S-5 to adopt, by reference, federal regulations as promulgated 

in 40 CFR Parts 51 .166 and 52.21 in order to make the state regulations consistent 

with the federal requirements. 

B. Proposed language to clarify that concerning the federal regional haze regulations, 

MDEQ can not assess whether there is any interference with measures designed to 

protect visibility in any applicable SIP for any other state until regional haze SIPS are 

finalized. MDEQ is actively working towards regional haze SIP development and is 

planning to submit a regional haze SIP Revision by December 17, 2007. 

1. Manner By Which the Public May Comment. 

Copies of the proposed amendments to the referenced regulations may be obtained by calling 

Ms. Maya Rao at 601-961-5242 or Mr. Connie Simmons-at 601-961-5165 or writing to Mississippi 

Department of Environmental Quality, Air Division, 101 West Capitol Street, Jackson, Mississippi 

39201 . For those with internet access, a copy of the proposed SIP revision and amendments to the 

referenced regulations may be found on the Mississippi Department of Environmental Quality's 

website at http://www.deq.state .ms.us. Also, copies of the proposed SIP Revision and proposed 

amendments to the referenced regulations will be available for public review through Tuesday, July 

17, 2007, in the main branch of public libraries in the cities of Gulfport, Jackson, and Tupelo in the 

State of Mississippi. The proposed SIP Revision and amendments to the referenced regulations may 

also be reviewed in the offices of the Mississippi Department of Environmental Quality, Southport 

Center, 2380 Highway 80 West, Jackson, Mississippi. For an appointment to review the proposed 

SIP Revision and the proposed regulation amendments at the offices of MDEQ, contact Mr. Ted 

Lampton at (601) 961-5373 . 

I IOa2di SIP TSD Final August 23, 2007 

State of Mississippi 

C. Simmons 

Members of the public may present verbal or written comments at the public hearing 

described below. Also, written statements regarding the proposed SIP Revision and proposed 

regulation amendments will be made part of the public hearing record if delivered by 5:00 p.m., 

Tuesday, July 17, 2007, to the attention of Ms. Maya Rao at the address shown above. 

II . Notice of Public Hearing. 

A public hearing regarding the proposed SIP Revision and regulation amendments will be 

conducted. The hearing will be held on Tuesday, July 17, 2007, at 10 :00 a.m. in the Air Division 

Training/Meeting Room (Room 3-660) of the Mississippi Department of Environmental Quality 

Office Building at 101 Capitol Centre, 101 West Capitol Street, Jackson, Mississippi. 

III. Additional Information. 

For additional information, please contact Ms. Maya Rao at 601-961-5242 or Mr. Connie 

Simmons at 601-961-5165. 

SIP Revision 110(a)(2)(D)(i) Public Notice June 15 2007 

110a2di SIP TSD Final August 23, 2007 

State of Mississippi 

C. Simmons 
PROOF OF PUBLIC. ~~~"lt 4 

THE STATE OF MISSISSIPPI 

HINDS COUNTY 

PERSONALLY appeared before me, the undersigned notary 

public in and for Hinds County, Mississippi, 

rA1S51SSIPPICOMWSSIONON . . 

ENVIRONAIENTAI CUALITY 

NOTI_CE OF 

PST~ 

ROPO_S6D RULEwrAIONG 

i . PU9LI0 rIOTIC~ ='15,2= 

I E, 

KEAIiE tTAM 

p

NOTE 

~y 

Revision to IAe Slale lmplamenl~an tor Air Paludun 

conva (SIP 

~for 

Revision) and .maten»nts to aute aIrILITY, 

On 

s~qnrcax ~ oeutwr ~ a~~a °owa~h+', APC-, 

' S-5. Tife propoeed SIP Rsviebn and rayulation I 

I amandrt~s wIp be 

,,,= statewide . 

The pmpoced SIP Review irwolvet the addition d' 

cwmyuv 

p e~r~M~d °eEnv~or o ailye (MDEO 

wkh the ptoraions a sec0en 11aax~cOxo ~tneeomplyinp a. 

clsan Ak Aa wla, r.ePea +o ute Prawnlla+ W 

sl~,lr~rx oautsor+mlon .Ir aasrdn end vw+~ 

b~! the U. S. 

" 

The SIP Revision Includes* 

I1~S3 b ~ ~ a~ as 

p,ort~pu.a In 4o FR Patn Sl .lss atw s2.21 In . 

or0er a make ate ame ra~Ia6ons aa~tenl wln, ate 

. 

e . Proposed I"I' t~azee guap a aamy am cant.wniny are 

ra~ior ~ reyulaootro, . hhWEO 

ae w~suter tweets ary etEerlennce can with riot

measures deatpnea 10 praMC1 vkbft . k: any 

SIP= olFier qe~ unlll np~w~ at Iraze 

SI aro flnelized. MDEO is 

w r~ a rsplotW heze SIRevision_by D 

ecer 

17, 

2007. ' 

I.Man,ar By Wnla,+ne PUbuc May.cuna»m. 

.e~~u'o ~may as°r°°~ otx.me- d ~~a~' tp Ms . 

the 

Mar~a ri ~w II 

601-981-5242 ar Mr. Connie Simmons at 501-951-5155 or 

Writing; Lo Mush" Departmara a EnvirameM~ 

°M°e°'''issp~ 320~1 . 'For1°btlo e~w ~~eme ~. a CM 

ol IAe proposed SIP revision and arwndmenls to Vro 

reterencee regulations my be Wund on the MiaNsefppl 

Department of Environmental Quallqrs website at 

hftJlwww.deQ.stale.rns.us. Also, copies of the proposed 

SIP Revision and proposed amendrttents b the 

relererwed regulations win be avaflaDle for public ieriew 

throtgh Tuesday. July 17 " 2007, In Rro nwin'Cranch a 

~ pbratfas in rie cities of GuMporl. Jackson, and 

Tupsb In the State ot Misebslppi. The proposed SIP 

Aevieion ane amerWrtwMs b the (orereneed regulations 

I may also be reviewed In the offices of Ow Miteqslppi 

of EmirorxnsMal Oua SoWtpore Center, 

FYpway 50_ West. Jackson. ipq. For an 

eppo;,rtmstq to review ale proposed SIP Revision and the 

r~Iaoon amendmants at No offices a MDEO. 

Poor~~ Mr. Ted LampAOn at (501) 961-5373. 

Members ol are public may .present vereal or +wriqen 

comrnenls at the puaie IneaMnp dea«ibed below . Also, 

hrriden qalenisms regarding the proposed SIP Revision 

arKf propot:ed amerMme~rte will bye n~ade paR a 

t~ada~y, ,qtq 17, ~d the ~enlion a 1ds5 Maya Rao I 

at lhe eddroes ehOwn abOVe . 

n. Notice a Pwro HeerlV. 

A public hearmg regarding Vie proposed SIP Rerisiar} an: I 

~gulation arnertdnenls will be conducted . The haasing 

wIR be lield on Tuosday . July 17 . 2007, at 10:00 a m. in 

the Air Division TralningMAesting Room (Rporn 5~860) of 1 

the Mississippi Department a EMratmen7al oualily " 

Office Buikxng at 101 Capitol Centre ; 101 West Capita 

Street, Jackson, Mississippi. 

ANDREW WESTERFIELD 

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, beOg .duly sworn, states that the notice, a true copy of . 

vu'laich is hereto attached, appeared in the issues of said 

newspaper as follows: 

612212007 6/29r~0o7 

611512007 

Size: 739 words I 2.00 col . x 95.00 lines 

Published: 3 time(s) 

Total : $256.9 

1- iAJ - 

Sinned `' 1"I 

....,Authorized Clerk of 

' The Ciaru>r~-Ledger 

SWORN io and subscribed before me on 6I29I2007. 

, .-Notary Public 

MARIE MILLS 

hlotarv Public State of Mississippi at Large. Bonded thru 

~~ :,;:ary Public Underwriters 

(SEAL) 

MY C~~~~ ~RES: 

November 8, 2008 

Ntoo 

$~'4"'~S WUte`' `~ 

111 . Additional IntornmaHon . 

For additional Infonnation, p1e ase contact Ms . MaYA Rao 

at 601-881-5242 or Mr. Corxrie Sirtrrwns at 6u1 .961-

i6165 . 

June 15, 22. and 29. 2007 
SSI SSIPPI COMMISSION I ENVIROr~ME1vrA~ 

jT1 ~E OF PROPOSED . 

PJCING 

PUBLIC HEAP, 

faCIC ,ICE START 

1TE: .h - 5, 2007 

F.ASE7 AKE NOTE thatfhe 

on 

MW to Ihe Stete 1 

bon Plan for Air Pollution =(.Sftlp = ;V ~ 

tion control 

~ :1 

PC_S,5. The ~-K~& 

eyWon and regulation. 

mandmeras will be appfi- . 

able atatewide . 

he proposed SIP. Revision 

rvoNestheaddi6onotdarilyw larg!",- confirmr+g tnm 

sa Mi .sppi DepaMtent bt 

MDE complying+~lhe 

1 a )() otof the Clean 

tit Act with reapecltothe Pre-

*Mion of SigNficant De9erfoetlon air pemtittinp program 

afte 

h~e u s .~Enm~axn Pio- ~ 

edion Agenay (USEPA) . 

Rie SIP Revision includes: 

4. Propoaed amendnianIS to 

Reguledons !pr the 

zbwoIAIrDuaW,APC-S-5 

toad1l", by referenoe.faderal 

R ris 1 .1CW 

0 

NVPT" 10 

CF 

and 

5221 in order to make the 

-, 

PROOF OF PUBLICATION 

, 

tanguage to 

d°"1)' ~at 

lede,al rop `°n~m"~ ,onal haze " f~

regutations, MDEO can not 

assess .whether there is any 

Interference with measures 

designed to protect visbfltly in 

any applicable SIP for any 

other state until repional haze 

SIPs are finalized. MDEt] is 

I end 

regrona 

is . y to aubm't a , 

l hi. Sli1:l9a~spn by 

DecernDer 17, 2007: : ::" . 

~ 1

.Manner~rWhkhthePLblic 

Copies of 1f>a . :Dropoaed 

amendmeMS, . the 

referenced regulat'afs may 

be obtained 

- Me 

R" fA!.VZ42M 

Ml!aConnie ~Simintx at : 

to 

= 

ental-Ouaft, Air DivM101 est J 

~ missi 392DI'. 

For thoee with inremet'ac- . 

cow a copy of the proposed ' 

SIP rovisi0n and 

amendmePiti' .~ ' - tc the 

,~pt~tations inay, . 

he bund on tFt~_MisslssipPi I 

-

.0 cad 

pa~'webof 

E 

sxe .t htevJ l 

lwww.deq.atate.ma.us . Also, 

the andr°°°aedp~sl~P : 

. ~ 

amendments - W 

the 

rafarenced reilulations wi11 .De-

-T °r °ubfi`J 'rev~~ 

d 

Gullpo,r; : JadCsdrr-erW Tupela In the State of MississipW The praposed SIP Revielon and emendmetaa to the 

~ referenced regulations may 

' also be reviewed in the oM'~ces d the Miasussippi Department 

1 of Environmental OuaBly, 

Southport Center, 23ti0 Higfr 

way BO West. Jackson, Miaessippi. For an appopsoiMmeM to 

v'uz'~an ar~the ~propo"sedPreRg~ w

lation emendmenta at the 

offices of MDEQ, contact Mr. 

Ted Lampton at . (601) I 

961-5979 . 

Members of the public may 

pieseM verbal or wntlen 

=rd. et the GuWic hearjng described below. Also, 

wnhen atatemBnes regaM~ng . . 

U,a' Proposed SIP .Reviswn 

and proposed : regulation -

amerdrnerft will be made 

pan 

01.== 

k hearing re 

cpd by 5 :00 p.m., 

Tuesda- y . July 12, 2007 to the 

attention of Ms . Maya ~tao at 

the address shown above . 

11. Notice d Public Hearing. 

ApubAchearlr~rding,he 

proposed SIP Review and 

regulation amendmeMS w81 

be conduqed, The hearing 

Will be held on Tuesday. July 

17, 2007, at 10:00 6:mAm the 

Air Division TraininglMee6tig 

Room (,Room 5-660) of the 

" Miseissipq Department of Environmental Ouality Otfice 

.Bu in? at 101 Capitol Cenrre, t0i West Capitol Street, 

Ill . Addhionaliffior., ation . j st ec""Ssipo. 

For additional information, 

p1ease confad Ms. Maya Reo ' 

at fi01-B613242 or Mr, .Conrwe Simmons at 

M=1-51.65 . 

15 22.29,3fri 

1lsessz 

STATE OF MISSISSIPPI 

COUNTY OF HARRISON 

Before me, the undersig~ d N, 

~t01, 

a of n

irn ~~I . ~>UY 

so~ ; ~un,t~y 

Mississippi personally appeared ;~i~ ~ l 

who; being by me first duly sworn, did de.pdse*.nd ,say that she is a 

clerk of The Sun Herald , a newspaper published in the city 

Gulfport , in Harrison County, Mississippi, and, the publication 

of the notice, a c 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: 

Vol. No: , ,-mated 1-J ~day o . " ~ , 20 D7 

Vol. 

l

i 

No., Wdated ~ day o 'v , 20 0 / 

. 

Vol. Im No., ~dated ~ day o -t'J, 20 C 

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 newapaper has been 

established and

. 

published continuously in said country for a period 

of more than twlve months r~xt prior to the fi , publication of said 

notice. 

JUL 1----13 2001 r 

Clerk 

Sworn-to nd subscribed before me this day of 

L~AI , A.D ., 20 l ) I 

Commission Expires brf: 

October 15, 2007 

Printer's Fee . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 

Furnishing proof of publication . . . . . . . . . . . . . . . . . . . . . . . $ 

TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

.,J 

STATE OF MISSISSIPPI ,LEE (~_0$TY~3 

Personally appeared before me, 

in and for said County and State, _ 

permitting prograrn and 

plans for Im plementing 

federal regional haze regulations promulgated by 

the U.S . Environmental 

Protection Agency 

(USEPA). 

The SIP Re, lsion Includes: 

A. ProQosed amend- newspaper printed and published in the City of Tupelo, Lee ( ments to Regulations for 

the Pievention of Si gnificant Deterioration of Air Northeast Mississippi Daily Journal, who being duly sworn, depo: 

Quality ", 

y r~e~ , fea 

eral regulations as promof a certain notice, a true copy of which is hereunto attached, has I sisie6 a 40 R Parts 

to make the state regulat~ consistent with the ~-weeks consecutively to-wit : i 

Vol. 31 . No ~SQ 

Vol.~_, No._~_ 

Vol.~-. No. CIA 

Vol. -. No . 

__ DIANNE POWELL 

WILLIAM L. CREWS 

, 20~ 

d~ 20a 

t~. 3- 200 

Vol.-. No . Date 

Vol. -. No. Date 

20 

Witness my hand and seal this ag 

of 

MISSISSIPPI STATE10.nDE tbpTili~y pUBLiC My Commission expires MY ~MISSl0+~ EXPIRES 17 ~ 

C16845 

LEGAL NOTICE 

MISSISSIPPI 

COMMISSION ON 

ENVIR;~NMENTAI 

UALITy NiiTICE OF 

PR~POSED RULEMAKING 

NOTICE OF pUB,iC 

HEARINC 

PUBLIC NOTICE START 

DATE: June 15, 200~ 

era requ remerrcs . 

be held on Tuesday,-July 

17, 2007, at 10:00 a.m . ir 

the Alr Division Training, 

Meeting Room (Room 3~ 

660) of the Mississipp 

Department of Environm 

mental Quality Oftici 

Building at 101 Capito 

Centre, 101 West Capito 

Street Jackson, Mississlp 

PI. 

III . Additional lnforma 

tion . 

For additional infortna 

t1on, please contact Ms 

Maya Rao at 601-961 

5242 or Mr. Connie Sim 

mons at 601-961-5165 . 

SIP Revision 

110(a)f2)(D)(i) Public 

Notice )une 15 2007" 

Jim 15, 22, 29, 2007 

B. Proposed language to 

clarify that concerning the 

federal regional haze regulations, MDEQ can not 

assess whether there is 

any interference with . 

measures designed to protect Wsiblllty in any apGIIcable SIP for any other, 

state until regional haze 

Sips are finalized. MDEQ 

Is actively working 

towards regional haze SIP 

development and is planning to sutanit B regional 

haze Sip Revision by 

December 17, 2007 . 

1. Manner By Which the 

Public May Comment. 

CaF:es of the proposed 

amendments to the referenced regulations may be 

obtained by calling Ms . 

MaYa Rao at 601-961- 

5242 or Mr. Connie Sima+on, at 601-961-5165 or 

.fritiny to MISSISSIPPI 

Dep.-tment of Environmer.?~' Q;~alfty, Air Division, 101 west Capitol 

Street, Jackson, Misslsslp" 

pi 39201. For those with 

Internet access, a copy of 

the proposed SIP revision 

and amendments to the 

referenced regulations 

may be found on the Misslssippi Department of 

Environmental QuaUty's 

website at 

http ://www.deq.state .ms. 

us. Also, co pies of the 

proposed SIP Revision and 

proposed amendments to 

the refercMed regulations 

will be available for public 

review through Tuesday, 

luty 17, 2007, in the main 

branch of public libraries 

in the cities of Gulfport, 

Jackson and Tupelo in the 

State o~ Mississippi. The 

proposed sip Revision and 

amendments to the referenced regulations may 

also be reviewed in the 

offices of the Mississlppt 

~Department of Environmental Quality, Southport 

Center, 238D Highway 80 

West, Jackson, Mississippi. 

For an appointment to 

review the proposed SIP 

Revision and the proposed 

regulation amendments at 

PLEASE TAKE NOTE that 

the Mississippi Commission on environmental 

Quality f"Cotnmisslon') is 

cons'idErTn9 a Revision to 

the State Implementation 

Plan fcr Air 

pp 

Control (SIP Revision) and 

amendments to St.. te air 

pollution contro! regulation entitled ~Regulations 

for the Prevention of Signifcant Deterloration of 

Air Quaifty", APC-5-5. The 

proposed SIP Revision and 

re9ulation amendments 

wlll be applicable 

statewide. 

The proposed sip Revision 

involves the addition of 

r-larifyln q :anquage confirming tha: the Missmsipp7 Department of EnvironTo , words at-3a 

To Proof of Publication 

Total-.- 

mental Qualitv (MDEQ) is 

complying wlth the provisions of seClon 

PRINTEIi ci a(~)a12)~°i(itf,°reso a 

to the Pr= ._ . a or, o` 19- 

Cents per kota=---~ _ 

nifiwnt De:eyoratwa air 

the offices of MDEQ, contact Mr. Ted Lampton at 

(601) 961-5373. 

Members of the public 

may present verbal or 

+iritten comments at the 

public hearing described 

berow. Also, written statements re garding the proposed SIP Revision and 

proposed regulation 

amendments will be made 

part of the public hearing 

record If delivered by S:o0 

p m., Tuesday, 7uly 17, 

Me, to the 4o of 

Ms . Maya 

at 

the 

address shown above. 

II . Notice of Public Hearing. 

Apu blic hearin g rega rding the proposed SiP Revision an0 rc,, gV ulation 

amendments 

win 

conducted . The heari 

- s 

&_, .5 

00 

- s ~ 
ATTACHMENT 4 

. EVIDENCE OF ADOPTION OF SIP REVISION AND 

AMENDMENTS TO APC-S-5 

110a2di SIP TSD Final August 23, 2007 

State of Mississippi 

C. Simmons 
MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

OFFICIAL MINUTES 

AUGUST 23, 2007 

The regular monthly meeting of the Commission on Environmental Quality was held on 

Thursday, August 23, 2007, in the Commission Hearing Room, Southport Center, Jackson, 

Mississippi, beginning at 9:00 a.m. Commissioners present were: 

Dick Flowers, Chairman 

Martha Dalrymple 

Charles Dunagin 

Howard McKissack 

Chat Phillips 

Billy Van Devender 

Jack Winstead 

Others present were: Trudy Fisher, Executive Director; Jerry Banks, Tony Caldwell, Kim 

Caviness, Maya Rao, Stan Thieling, and Mark Williams, staff of MDEQ; and other staff 

members and visitors whose names appear elsewhere in these minutes. 

The meeting was called to order. Executive Director Fisher gave the invocation after 

which the following business was transacted : 

Election of Officers for Fiscal Year 2008 (July 2007 - June 2008) 

Mr. Phillips nominated Mr. Flowers as Chairman and Mr. Winstead as Vice-Chairman. 

There being no further nominations, the Commission voted to elect Mr. Flowers as Chairman 

and Mr. Winstead as Vice-Chairman of the Commission for Fiscal Year 2008 . 

Approval of Minutes 

On motion made by Mr. Winstead and seconded by Mr. Dunagin, the minutes of the May 

24, 2007 meeting was approved and adopted as the Official Minutes. 

Establishment of the Lignite Mining Fee for State Fiscal Year 2008 

Mr. Stan Thieling recommended that the Lignite Mining Fee for the 2008 state fiscal year 

be set at $150,000, which is the same amount as the previous year . This amount will cover 50% 

of the anticipated cost of administering the federally-approved coal mining program in 

Mississippi, up to the amount of a federal Office of Surface Mining Reclamation and 

Enforcement (OSMRE) matching 50% grant. This fee will cover 100% of the anticipated cost of 

administering the program above the amount of the federal OSMRE grant. Any overage will be 

applied to the next fee period . Following staff presentation and deliberation, on motion made by 

Mr. Van Devender and seconded by Ms. Dalrymple, the Commission unanimously voted to 

approve the amount of $150,000 as the Lignite Mining Fee for State Fiscal Year 2008. 

Amendment to Surface Coal Mining Regulations 

Mr. Stan Thieling stated that the Federal Office of Surface Mining Reclamation and 

Enforcement (OSMRE) has revised its coal mining regulations regarding Valid Existing Rights. 

In order for the state's delegated coal mining program to remain current with OSMRE's federal 

regulations, the state regulations must be amended to mirror OSMRE's revisions . Accordingly, 

staff has drafted proposed changes to the Regulations Governing Surface Coal Mining in 

Mississippi to reflect that Valid Rights mean Valid Existing Rights to be the same as the federal 

regulations. The proposed changes to the state regulations are in the public notice process and a 

public hearing will be held September 18. These proposed revisions will be brought back to the 

Commission for consideration at a later meeting. This briefing was for informational purposes 

only, requiring no action by the Commission . 
Presentation by Delta FARM on Collaborative Efforts with MDEO 

Mr. Trey Cooke of Delta FARM gave a presentation on collaborative efforts between 

Delta FARM and MDEQ. Delta FARM (Farmers Advocating Resource Management) was 

founded in 1998 . Their mission is to improve agriculture environmental conservation efforts. 

The program enrolls acres, not people, and presently has 888,245 acres enrolled . The program 

evaluates current stewardship levels, improves existing conservation practices, educates 

producers on economical sound conservation, documents voluntary conservatioh efforts, 

educates consumers, and improves the image of agriculture. Their overall goals are to improve 

the environmental conservation practices, soil conservation, recycling, and wildlife conservation 

and management. Two collaborative projects of MDEQ/Delta FARM are Bee Lake Watershed 

and the Steele Bayou Watershed Implementation Plan and Restoration Project. This briefing 

was for informational purposes only, requiring no action by the Commission. 

Adoption of Proposed Amendments to State Air Regulations and a Revision to the State 

Implementation Plan for Control of Air Pollution (SIP Revision) 

Ms. Maya Rao stated that a public hearing was held on July 17, 2007, in order to receive 

comments concerning proposed amendments to state air regulations and a revision to the State 

Implementation Plan for Control of Air Pollution (SIP Revision). The proposed SIP Revision 

and amendments to "Regulations for the Prevention of Significant Deterioration of Air Quality", 

APC-S-5, concern adopting updated federal rules by reference to make the state regulations 

consistent with the federal requirements . No comments were received at the public hearing. 

Staff recommended adoption of the proposed revisions. Following staff presentation and 

deliberation, on motion made by Mr. Van Devender and seconded by Mr. Dunagin, the 

Commission unanimously voted to adopt the proposed amendments to State Air Regulation and 

a Revision to the State Implementation Plan for Control of Air Pollution (SIP Revision) as 

stated . 

Water Pollution Control (Clean Water) Revolving Fund Loan Proexam, Adoption of Amendment 

No. 1 to the FY-07 Intended Use Plan 

Mr. Tony Caldwell stated that a public hearing was held on August 21 on a draft 

Amendment No. 1 to the Final FY-07 Intended Use Plan for the Clean Water Revolving Fund 

Loan Program. This amendment includes revisions to reflect the actual FY-07 federal 

appropriation for this program, and to add three additional projects to the FY-08 and After 

Planning List to allow for possible funding during FY-07. No comments were received at the 

public hearing. Staff recommended adoption of the proposed amendment. Following staff 

presentation and deliberation, on motion made by Mr. Dunagin and seconded by Mr. McKissack, 

the Commission unanimously voted to adopt Amendment No. 1 to the Final FY-07 Intended Use 

Plan for the Water Pollution Control (Clean Water) Revolving Fund Loan Program. 

A-P roval of Modifications to Mississiptti's Water Oualitv Standards 

Ms. Kim Caviness stated that MDEQ is required by the Clean Water Act to review and 

update the state's water quality standards document every three years. The staff has completed 

its review of the standards and is recommending changes to the state's water quality standards. 

The proposed changes have been reviewed by EPA and the public hearing process allowed 

comments. The comments received have been incorporated into the proposed changes with 

EPA's concurrence. Ms. Caviness reviewed the proposed changes with the Commission. Staff 

recommended adoption of the modifications to Mississippi's Water Quality Standards. 

Following staff presentation and deliberation, on motion made by Mr. Phillips and seconded by 

Mr. Van Devender, the Commission voted unanimously to adopt the modifications as stated. 

Conditional Avnroval of the Jackson County Solid Waste Manap-ement Plan 

Mr. Mark Williams stated that the Jackson County Board of Supervisors has submitted a 

comprehensive local solid waste management plan that has been reviewed by MDEQ staff. He 

further noted that the County's original solid waste plan was approved by the Commission on 
July 26, 1993 and had been amended on numerous occasions. Recognizing that many provisions 

of this old plan are now out of date, the County initiated development of this updated solid waste 

plan . The plan was submitted in 2005 and staff worked with the County to enhance the plan. 

After Hurricane Katrina, staff continued to work with the County and the plan was resubmitted 

in May 2007. Based on the staff's review, Mr. Williams described the various provisions of the 

County's plan and confirmed that most of the plan had been developed and adopted in 

accordance with the requirements of state law. He noted, however, there were a few areas of the 

plan that appear deficient. Because of these deficiencies, staff recommended conditional 

approval of the plan with the deficiencies to be outlined in a Commission order. Following staff 

presentation and deliberation, on motion made by Mr. Winstead and seconded by Mr. 

McKissack, the Commission unanimously voted to approve the Jackson County Solid Waste 

Management Plan with the conditions to be outlined in an order. 

Distribution of Annual Solid Waste Disposal Report 

Mr. Mark Williams distributed copies of the State of Mississippi Status Report on Solid 

Waste Management Facilities for Calendar Year 2006 to the Commission and provided a brief 

presentation on the contents of the report. The report indicated that there was 10'million tons of 

solid wastes disposed of by landfill in the state during 2006. Mr. Williams noted that this 

tonnage represented a significant increase over previous years and is primarily attributable to the 

disposal of large amounts of Katrina-related waste. This briefing was for informational purposes 

only, requiring no action by the Commission. 

Approval of Brownfield Agreement 

Mr. Jerry Banks recommended approval of the Brownfield Agreement between the 

Commission and the City of Brookhaven regarding the remediation of brownfield property 

located in the City of Brookhaven Industrial Park . Land use restrictions shall be placed on 

property located in Brookhaven, Lincoln County. The site is hereafter referred to as the "Spec 

Building Brownfield Agreement Site". Exposure to minor soil and groundwater contamination 

will be eliminated through the use of an engineered cap combined with institutional controls. 

These actions will ensure that the area is protective of human health and environment. 

Following staff presentation and deliberation, on motion made by Mr. Dunagin and seconded by 

Mr. Van Devender, the Commission unanimously voted to approve the Brownfield Agreement as 

recommended by staff. 

Avproval of Brownfield Consulting Firm 

Mr. Jerry Banks stated that staff has reviewed the application from a consulting firm 

requesting to be listed as a Brownfield Consulting Firm and has determined it to be complete and 

acceptable . Staff recommended approval of Gallet & Associates, Birmingham, Alabama, as a 

Brownfield Consulting Firm. Following staff presentation and deliberation, on motion made by 

Mr. Phillips and seconded by Mr. Dunagin, the Commission unanimously voted to approve the 

Brownfield Consulting Firm as stated . 

Solid Waste Assistance Grants Planning Grants, and Waste Tire Grants 

On previous authority delegated to the Executive Director, DEQ, the Commission was 

provided a listing by staff of the following solid waste assistance grants that have been awarded 

to local governments: 

Countv/Municipality Grant Amount 

Adams County Board of Supervisors $34,000 

Alcorn County Board of Supervisors 16,500 

Amite County Board of Supervisors 21,086 

Attala County Board of Supervisors 10,332 

Choctaw County Board of Supervisors 7,812 

City of Biloxi 53,000 

City of Fulton 11,000 

City of Olive Branch 21,000 

City of Oxford 25,000 
City of Pass Christian 15,000 

City of Richland 22,500 

City of West Point 25,000 

Claiborne County Board of Supervisors 25,906 

Clarke County Board of Supervisors 9,576 

Clay County Board of Supervisors 7,728 

Coahoma County Board of Supervisors 25,000 

DeSoto County Board of Supervisors 31,000 

Franklin County Board of Supervisors 16,403 

Golden Triangle Solid Waste Management Authority 25,000 

Harrison County Board of Supervisors 65,204 

Hinds County Board of Supervisors 14,784 

Humphreys County Board of Supervisors 32,476 

Issaquena County Board of Supervisors 4,788 

Jackson County Board of Supervisors 74,028 

Jasper County Board of Supervisors 34,996 

Jones County Board of Supervisors 18,228 

Lamar County Board of Supervisors 12,432 

Marshall County Board of Supervisors 12,516 

Monroe County Board of Supervisors " 12,516 

Oktibbeha County Board of Supervisors 10,584 

Pike County Board of Supervisors 21,563 

Scott County Board of Supervisors 25,688 

Simpson County Board of Supervisors 11,760 

Smith County Board of Supervisors 9,744 

Tishomingo County Board of Supervisors 9,324 

Union County Board of Supervisors 9,828 

Warren County Board of Supervisors 36,088 

Yalobusha County Board of Supervisors 17,728 

Yazoo County Board of Supervisors 10,500 

On previous authority delegated to the Executive Director, DEQ, the Commission was 

provided a listing by staff of the following solid waste planning grant that has been awarded to 

local governments: 

Pine Belt Solid Waste Management Authority 29,697 

On previous authority delegated to the Executive Director, DEQ, the Commission was 

provided a listing by staff of the following waste tire grants that have been awarded to local 

governments: 

Chickasaw County Board of Supervisors 17,085 

Harrison County Utility Authority 30,000 

Jasper County Board of Supervisors 10,000 

Leflore County Board of Supervisors 35,000 

Pike County Board of Supervisors 60,000 

Asbestos Certifications 

On previous authority delegated to the Head, Office of Pollution Control, the staff 

reported that 288 asbestos certifications had been issued since the last report . 

Lead Paint Certifications 

On previous authority delegated to the Head, Office of Pollution Control, the staff 

reported that 31 lead paint certifications had been issued since the last report . 

Wastewater Operator Certifications 

On previous authority delegated to the Head, Office of Pollution Control, the staff 

reported that 43 wastewater operator certifications had been issued since the last report . 
Emergency Clean-Up Expenses 

On previous authority delegated to the Executive Director, the staff reported the 

Emergency Clean-Up Expenses incurred since the Commission's last meeting. A list of these 

expenses is made a part of these minutes and is filed in the Official Minutes File .- 

Administrative Orders 

On previous authority delegated to the Executive Director, DEQ, the staff reported that 

25 Administrative Orders had been issued since the .Cornmission's last meeting. A list of these 

orders is made a part of these minutes and is filed in the Official Minutes File . 

Report by Executive Director 

Executive Director Fisher's report entailed : 

(1) a report that work has begun on the Amite Street building and a display board was 

shown with carpet, tile, wall paint, and other selections to be included in this 

building. The target date to move is January 31, 2008. 

(2) a request by Commissioner Howard McKissack that the October meeting be held 

on the Mississippi Gulf Coast. The Commission was in agreement that the 

meeting be changed as requested. 

Setting of Meetin~ 

It was the decision of the Commission to meet next on Thursday, September 27, 2007, 

beginning at 9:00 a.m. in the Commission Hearing Room, Southport Center, Jackson, 

Mississippi. 

Adiournment 

There being no further business to come before the Commission, the meeting was 

adjourned. 

CHAIItMAN 
ATTACHMENT 5 

ADMINISTRATIVE PROCEDURES DOCUMENTATION 

COMMISSION ORDER 5295-07 

MISSISSIPPI SECRETARY OF STATE FILING ' 

110a2di SIP TSD Final August 23, 2007 

State of Mississippi 

C. Simmons 
BEFORE THE MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

In the Matter of the Adoption of the Proposed Amendments to Commission Regulation 

APC-S-5, Entitled "Regulations for the Prevention of Significant Deterioration of Air 

Quality" and identical amendments to the APC-S-5 section of the Mississippi State 

Implementation Plan (SIP) for Control of Air Pollution . 5295 07 

ORDER NO. 

ORDER 

Came before the Mississippi Commission on Environmental Quality ("Commission") on 

August 23, 2007, the recommendation of the Staff of the Mississippi Department of Environmental 

Quality ("MDEQ") that the Commission adopt proposed amendments to Commission Regulation 

APC-S-5, entitled "Regulations for the Prevention of Significant Deterioration of Air Quality" along 

with concurrent and identical amendments to the APC-S-5 sectiori of the Mississippi State 

Implementation Plan (SIP) for Control of Air Pollution. The Commission finds as follows: : 

1 . . The public record file in this matter reflects that public notices were published as 

2 . 

. ~ . . . 

required by state law; that a public notice and comment period of more than thirty 

days was allowed; and that Staff conducted a public hearing regarding the proposed 

regulations, in accordance with Miss. Code Ann.§ 49-17-25 (Rev. 2003) and as 

required in part by the Mississippi Administrative Procedures Law, Miss. Code Ann. 

§§ 25-43-1 .101, etseq. (Rev. 200b). . 

No written comments were received concerning the substance of the proposed 
regulations, nor were any verbal comments received, regarding the proposed 

regulations, at the public hearing. 

3 . The initial decision of the Commission in this matter is to adopt the regulations as 

recommended by staff. A copy of the regulations is appended to this Order. This 

' . . decision will become final unless, pursuant to Miss. Code Ann. § 49-17-41 .(Rev. 

2003), an interested party files a sworn petition with the Commission within 30 days 

from the date of this Order requesting an evidentiary hearing before the Commission 

or its 'hearing officer. If an evidentiary hearing is requested and held, the 

Commission shall finalize its decision in this matter by issuing a subsequent Order 

after full consideration of the matters raised during the evidentiary hearing. 

4. If no petition for evidentiary hearing is filed, these regulations shall become effective 

30 days after filing with the Secretary of State, as provided in Miss. Code Ann. § 25-

43-3 .113 (Rev. 2006). If a petition for evidentiary hearing is filed, the final adoption 

and effective date, if any, of the regulations shall be established by the.final Order of 

the Commission in this matter, to be issued subsequent to the evidentiary hearing. 

SO ORDERED, this the ~ day of August, 2007. . 

FOR: ~ Mississippi Commission on Environmental Quality 

BY: Trudy DrFi er 

Executive Director' 

Mississippi Department of Environmental Quality 
NOTICE OF RULE ADOPTION-FINAL RULE 

STATE OF MISSISSIPPI 

Commission on Environmental Quality 

Department of Environmental Quality 

Office of Pollution Control 

~~`s~~S~i¬ ~~¬ 

sEcRETARY OF STATE 

Mississippi Department of Environmental Quality Specific Legal Authority Authorizing the 

Attn: Theodore D. Lampton III, Senior Attorney promulgation of Rule : Miss. Code Ann. &4 49-2-9 

P.O. Box 10385 (1) 49-17-17, and 49-17-25 (2003) 

Jackson, Mississippi 39289 

601-961-5573 Reference to Rules repealed; amended or 

Ted Lampton@deq.state.ms.us suspended by the Proposed Rule. "Regulations for 

the Prevention of Si_pnificant Deterioration of Air 

Ouality", APC-S-5 

Date Rule Proposed : June 15, 2007 

Explanation of the Purpose of the Proposed Rule and the reason(s) for proposing the rule : Amendments to 

"Regulations for the Prevention of Significant Deterioration of Air Oualitv" APC-S-5 to adopt, by reference, federal 

repulations as promulgated m 40 CFR Parts 51 . 166 and 52.21 by the U. S. Envn-onmental Protection Aeencv as of 

June 15 2007 in order to make the state regulations consistent with the federal reautrements. 

The Agency Rule Making Record for this rule including any written comments received during the comment 

period and the record of any oral proceeding is available for public inspection by contacting the Agency at 

the above address. 

® An oral proceeding was held on this rule : 

Date: July 17, 2007 

Time: ~ 10 :00 a.m. CDT 

Place: Mississippi Dept. of Environmental Quality, 101 W. Capitol St., Jackson, Mississippi 

0 An oral proceeding was not held on this rule . 

The Agency has considered the written comments and the presentations made in any oral proceedings, and 

0 This rule as adopted is without variance from the proposed rule . 

® This rule as adopted differs from the proposed rule as there are minor editorial changes which affect the 

form rather than the substance of the rule . 

Fj The rule as adopted differs from the proposed rule . The differences however are: 

Within the scope of the matter in the notice of proposed rule adoption, 

The logical outgrowth of the contents of the Notice of Proposed Rule Adoption and the comments 

submitted response thereto, and 

The Notice of Proposed rule Adoption provided fair warning that the outcome of the proposed rule 

adoption could be the rule in question. 

The entire text of the Proposed Rule including the text of any rule being amended or changed is attached . 

Effective Date of Rule: Adopted August 23, 2007 

Effective 30 days after filing 

Signature and Title of Person Submitting Rule for Filing 

Theodore D. Lampton 111, Senior Attorney, MDEQ 

SOS FORM APA 002 

Effective Date Ol/07/2005 
MaSs:Ssipp¬ 

SEW~'a~RY OF ~-~.TAM-i 

MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

"REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION OF 

AIR QUALITY" 

APC-S-5 

Amended August 23, 2007 
MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION 

OF AIR QUALITY 

APC-S-5 

Adopted June 28, 1990 

Amended April 25, 1991 

Amended December 9, 1993 

Amended August 22, 1996 

Amended July 28, 2005 

Amended August 23, 2007 S E CR E7A! R Y Oro Si TAT E 

1 . The purpose of this regulation is to implement a program for the prevention of significant 

deterioration of air quality as required by 40 CFR 51 .166. This regulation supercedes and 

replaces the previous adoption by reference of 40 CFR 52 .21 and 40 CFR 51 .166. 

40 CFR 52.21 and 51 .166 as used in this regulation refer to the federal regulations as 

amended and promulgated by June 15, 2007, except as provided in 2. below. CFR refers to 

the "Code of Federal Regulations." 

2. Other than the subsections and phrases listed below and except for the changes set forth in 

Section 3 . of this regulation, the provisions of 40 CFR 52 .21 as amended and promulgated 

by June 15, 2007, are incorporated herein and adopted by reference by the Mississippi 

Commission on Environmental Quality as official regulations of the State of Mississippi and 

shall hereafter be enforceable as such. The following subsection and phrases of 40 CFR 

52.21 are excluded from this regulation: 

2.1 (a)[Plan disapproval], 

2.2 (q)[Public Participation], 

2.3 (s)[Environmental Impact Statement], 

2 .4 (u)[Delegation of authority], 

2.5 (x)[Clean Unit Test], 

2 .6 (y)[Clean Unit Provisions], 

2.7 (z)[PCP exclusion procedural requirements], 

2.8 (cc)[Routine maintenance, repair, and replacement], and 
2 .9 The phrase "in circumstances where there is a reasonable possibility that a project that 

is not a part of a major modification may result in a significant emissions increase" 

in paragraph (r)(6) of (r)[Source obligation] . 

3. The term "Administrator" as it appears in 40 CFR 52.21 shall mean the Mississippi 

Environmental Quality Permit Board, except that : 

3 .1 In subparagraph (b)(3)(iii) [relating to "net emissions increase"], it shall mean either 

the Mississippi Environmental Quality Permit Board or the Administrator of the 

United States Environmental Protection Agency (USEPA). 

3 .2 In the following subsections, it shall continue to mean the Administrator of the 

USEPA: 

a. (b)(17) [definition of "federally enforceable"] ; 

b. paragraph b(37)(i); 

c . paragraph b(43); 

d. paragraph b(48)(ii)(c) ; 

e. paragraph b(50)(i) ; 

f. paragraph b(51); 

g. (g)(1)-(g)(6) [Redesignation] ; 

h. (1)(2) [Air quality models] ; 

i. (p)(2) [concerning Federal Land Manager] ; 

j . 

(t) [Disputed permits or redesignations] . 

~&1SS1SS1PP1 

SECApE¬A- By OF STATE 

4. Subsections 40 CFR 51 .166(f) Exclusions from Increment Consumption (excluding the 

phrase "The plan may provide that . . .") and 40 CFR 51 .166(q) "Public Participation" 

(excluding the phrase "The plan shall provide that .") are incorporated herein and adopted by 

reference, except for the changes set forth below: 

4 .1 The phrases "the plan provides that" and "it shall also provide that" are excluded from 

paragraph 40 CFR 51 .166(f)(2), 

4.2 The term "Administrator" as it appears in subparagraphs (f)(1)(v),(f)(4),and(q)(2)(iv) 

shall continue to mean the Administrator of the USEPA, 
4.3 The phrase "specified time period" in subparagraph (q)(1) shall mean thirty (30) days, 

4.4 The phrase "reviewing authority" shall mean Mississippi Department of 

Environmental Quality, and 

4 .5 The words "one year" in subparagraph (q)(2) shall be replaced by the words "one 

hundred and fifty (150) days." 

5. The Executive Director of the Mississippi Department of Environmental Quality shall 

transmit to the Administrator of the USEPA a copy of each permit application filed under 

this regulation and shall notify the Administrator of the USEPA of each significant action 

the Executive Director takes on the application. 

6 . This regulation applies to any stationary source or modification to which 40 CFR 52.21 

applied as of the date of adoption of this regulation, but for which the Mississippi 

Environmental Quality Permit Board had not issued a permit pursuant to 40 CFR 52.21 by 

that date. 

~ ~dSSiSS4P1`I 

vIRCIl <SIMR:' CI- ISTMI-E