APC-S-1, APC-S-5, APC-S-6, SIP Revision, Public Notice, September 13, 2010 

MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

NOTICE OF PROPOSED RULEMAKING 

NOTICE OF PUBLIC HEARING 

PUBLIC NOTICE START DATE: SEPTEMBER 13, 2010 

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 regulations. The proposed SIP Revision and 

regulation amendments will be applicable statewide. The Commission’s authority to adopt the SIP 

Revision is found at Mississippi Code Annotated Section 49-2-9(1)(b) and Section 49-17-17(b). The 

Commission’s authority to adopt amendments to the regulations is found at Mississippi Code 

Annotated Section 49-2-9(1)(b) and Section 49-17-17(i) 

I. The proposed actions concern adoption of: 

1. Amendments to “Air Emission Regulations for the Prevention, Abatement, and 

Control of Air Contaminants,” APC-S-1 to adopt, by reference, amendments to 

Federal New Source Performance Standards, as promulgated in 40 CFR Part 60 and 

Federal National Emission Standards for Hazardous Air Pollutants as promulgated in 

40 CFR Parts 61 and 63. 

2. A SIP Revision and amendments to “Regulations for the Prevention of Significant 

Deterioration of Air Quality”, APC-S-5 which will incorporate by reference updated 

relevant portions of federal regulations as promulgated in 40 CFR Parts 51.166, 

52.21, and 52.22 in order to make the state Prevention of Significant Deterioration of 

Air Quality permitting program consistent with the federal requirements. 

Specifically, the proposed amendments will incorporate EPA’s recently promulgated 

Tailoring Rule for Greenhouse Gases which specifies that beginning in 2011, 

projects that will substantially increase greenhouse gas emissions will require an air 

permit. The revision does not incorporate implementation of fine particulate matter 

that was promulgated on May 16, 2008. The Commission will propose a SIP 

revision for implementation of fine particulate matter in a separate action at a later 

date. 

3. Amendments to “Air Emissions Operating Permit Regulations for the Purposes of 

Title V of the Federal Clean Air Act”, APC-S-6, in order to make the Title V 

permitting program consistent with the federal requirements. Specifically, the 

proposed amendments will incorporate EPA’s recently promulgated Tailoring Rule. 

II. 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, P.O. Box 2261, Jackson, 

Mississippi 39201. For persons with internet access, a copy of the proposed SIP revision 

and proposed 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 Wednesday, October 13, 2010, in the main branch of 
APC-S-1, APC-S-5, APC-S-6, SIP Revision, Public Notice, September 13, 2010 

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, 515 E. Amite Street, 

Jackson, Mississippi. Please contact Ms. Edna Banks at (601) 961-5171 to schedule an 

appointment. 

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., Wednesday, October 13, 2010, to the attention of Ms. Maya Rao at the address shown 

above. 

III. Notice of Public Hearing. 

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

conducted. The hearing will be held on Wednesday, October 13, 2010, at 10:00 a.m. in the 

Commission Hearing Room (Room 104A) of the Mississippi Department of Environmental 

Quality Office Building located at 515 E. Amite Street, Jackson, Mississippi 39201. 

IV. Additional Information. 

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

Simmons at 601-961-5165. 
MISSISSIPPI 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

OFFICE OF POLLUTION CONTROL 

PROPOSED 

STATE IMPLEMENTATION PLAN (SIP) 

REVISION 

REGARDING REQUIREMENTS OF THE FEDERAL TAILORING RULE FOR 

GREENHOUSE GASES AS IT PERTAINS TO 

PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY 

INCLUDING AMENDMENTS TO 

“REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION OF 

AIR QUALITY” APC-S-5 

Public Notice Start Date: September 13, 2010 

Public Hearing Date: October 13, 2010
GHG Proposed SIP Revision 

September 13, 2010 

TABLE OF CONTENTS 

1.47 Introduction: Proposed State Implementation Plan (SIP) Revision Regarding 

Requirements of the Federal Tailoring Rule for Greenhouse Gases As It Pertains to 

the Prevention of Significant Deterioration of Air Quality (PSD). 

1.48 Notification of Public Hearing for the Proposed SIP Revision 

3.21 Legal Authority for the Proposed SIP Revision 

5.19 Control Strategy for the Proposed SIP Revision 

6.23 Control Regulations for the Proposed SIP Revision 

14.1.18 Health Effects of the Proposed SIP Revision 

14.3.18 Economic Effects of the Proposed SIP Revision 

14.5.18 Social Effects of the Proposed SIP Revision 

14.6.18 Air Quality Effects of the Proposed SIP Revision 

Appendix C-21 Proposed amendments to “Regulations for the Prevention of Significant 

Deterioration of Air Quality”, APC-S-5 
GHG Proposed SIP Revision 

September 13, 2010 

1.47 Introduction: Proposed State Implementation Plan (SIP) Revision Regarding Requirements 

of the Federal Tailoring Rule for Greenhouse Gases As It Pertains to the Prevention of 

Significant Deterioration of Air Quality (PSD).

This SIP revision and amendments to the State of Mississippi’s “Regulations for the 

Prevention of Significant Deterioration of Air Quality”, APC-S-5 is to incorporate the 

Greenhouse Gas Tailoring Rule as promulgated by the Environmental Protection Agency 

(EPA) on June 3, 2010. The tailoring rule changed the major source and significance level 

thresholds of greenhouse gas (GHG) emissions subject to the PSD regulations. The 

Mississippi Department of Environmental Quality is proposing to modify its current PSD 

regulations to be consistent with EPA’s tailoring rule to include additional thresholds of 

100,000 tons per year of GHGs for major source applicability and 75,000 tons per year of 

GHGs as a significance threshold, based on carbon dioxide equivalent emissions for six 

GHGs - Carbon dioxide (CO2), Methane (CH4), Nitrous oxide (N2O), Hydrofluorocarbons 

(HFCs), Perfluorocarbons (PFCs), and Sulfur hexafluoride (SF6). 

This Tailoring Rule is necessary to avoid “absurd results” and an “administrative burden” 

that would occur if GHGs are regulated at the current major source applicability level of 

100/250 tons per year when GHGs become a regulated pollutant. EPA has determined that 

GHGs will become a regulated pollutant on January 2, 2011 based upon the following 

actions: 

• Issuance of the Endangerment Finding and Cause or Contribute Finding by 

the EPA Administrator on December 7, 2009. The Endangerment Finding 

found that the current and projected atmospheric concentrations of the six, 

key, well-mixed GHGs threaten the public health and welfare of current and 

future generations. The Cause or Contribute Finding found that the 

combined emissions of these well-mixed GHGs from new motor vehicles and 

new motor vehicle engines contribute to the greenhouse gas pollution which 

threatens public health and welfare. These findings, which were published 

December 15, 2009, do not impose any requirements on industry or other 

entities. However, they were a prerequisite to finalizing the GHG standards 

for light-duty vehicles. 

• On December 18, 2008, EPA issued a memorandum, "EPA's Interpretation of 

Regulations that Determine Pollutants Covered by Federal Prevention of 

Significant Deterioration (PSD) Permit Program" (known as the “Johnson 

Memo” or the “PSD Interpretive Memo”). In the Interpretation, the agency 

established that Clean Air Act (CAA) permitting requirements apply to a 

newly regulated pollutant at the time a regulatory requirement to control 

emissions of that pollutant “takes effect” (rather than upon promulgation or 

the legal effective date of the regulation containing such a requirement). 

Based on the anticipated promulgation of the light duty vehicle rule, the 

notice stated that the GHG requirements of the vehicle rule would trigger 

CAA permitting requirements for stationary sources on January 2, 2011. 
GHG Proposed SIP Revision 

September 13, 2010 

• On April 1, 2010, EPA finalized the light duty vehicle rule controlling GHG 

emissions. This rule confirmed that January 2, 2011 is the earliest date that a 

2012 model year vehicle meeting these rule requirements may be sold in the 

United States. 

At the current major source applicability level of 100/250 tons per year, the EPA projected 

that tens of thousands of PSD permits would be required nationally, severely impacting each 

state, local and tribal permitting authorities’ abilities to manage air quality. The Tailoring 

Rule was promulgated to “tailor” the requirements of the CAA permitting programs to limit 

which facilities will be required to obtain PSD permits. The tailoring rule will phase in GHG 

applicability as described below: 

• Step 1. (January 2, 2011 –June 30, 2011). Only sources currently subject to 

the PSD permitting program (i.e., those that are newly-constructed or 

modified in a way that significantly increases emissions of a pollutant other 

than GHGs) would be subject to permitting requirements for their GHG 

emissions under PSD. For these projects, only GHG increases of 75,000 tpy 

or more of total GHG, on a CO2e basis, would need to determine the Best 

Available Control Technology (BACT) for their GHG emissions. During 

this time, no sources would be subject to Clean Air Act permitting 

requirements due solely to GHG emissions. 

• Step 2. (July 1, 2011 to June 30, 2013). In this phase, PSD permitting 

requirements will cover for the first time new construction projects that emit 

GHG emissions of at least 100,000 tpy even if they do not exceed the 

permitting thresholds for any other pollutant. Modifications at existing 

facilities that increase GHG emissions by at least 75,000 tpy will be subject 

to permitting requirements, even if they do not significantly increase 

emissions of any other pollutant. 

The MDEQ is proposing to incorporate by reference the final Tailoring Rule. 
GHG Proposed SIP Revision 

September 13, 2010 

1.48 Notification of Public Hearing for Proposed SIP Revision and Amendments to .

Public participation on the SIP Revision will be achieved by a public hearing scheduled for 

10:00 a.m., Wednesday, October 13, 2010, at 10:00 a.m. in the Commission Hearing Room 

(Room 104A) of the Mississippi Department of Environmental Quality Office Building 

located at 515 E. Amite Street, Jackson, Mississippi 39201 in accordance with the 

information provided in the public notice and Mississippi Administrative Procedures Act. 

The notice for public hearing will be published consistent with procedures approved by EPA. 

The notice of public hearing is to be published on September 13, September 20, and 

September 27, 2010, in daily newspapers in the cities of Gulfport, Jackson, and Tupelo in the 

State of Mississippi. The notice of public hearing, the proposed SIP revision, and proposed 

amendments to state air pollution control regulations will be made available for public 

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

Mississippi Department of Environmental Quality, 515 E. Amite St., Jackson, Mississippi, 

39201 and also will be available on the Department’s website http://www.deq.state.ms.us. 

The public notice was also mailed to persons on the air pollution control regulation mailing 

list. 

The notice of public hearing follows this page. 
GHG Proposed SIP Revision 

September 13, 2010 

MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

NOTICE OF PROPOSED RULEMAKING 

NOTICE OF PUBLIC HEARING 

PUBLIC NOTICE START DATE: SEPTEMBER 13, 2010 

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 regulations. The proposed SIP Revision and 

regulation amendments will be applicable statewide. The Commission’s authority to adopt the SIP 

Revision is found at Mississippi Code Annotated Section 49-2-9(1)(b) and Section 49-17-17(b). The 

Commission’s authority to adopt amendments to the regulations is found at Mississippi Code 

Annotated Section 49-2-9(1)(b) and Section 49-17-17(i) 

I. The proposed actions concern adoption of: 

1. Amendments to “Air Emission Regulations for the Prevention, Abatement, and 

Control of Air Contaminants,” APC-S-1 to adopt, by reference, amendments to 

Federal New Source Performance Standards, as promulgated in 40 CFR Part 60 and 

Federal National Emission Standards for Hazardous Air Pollutants as promulgated in 

40 CFR Parts 61 and 63. 

2. A SIP Revision and amendments to “Regulations for the Prevention of Significant 

Deterioration of Air Quality”, APC-S-5 which will incorporate by reference updated 

relevant portions of federal regulations as promulgated in 40 CFR Parts 51.166, 

52.21, and 52.22 in order to make the state Prevention of Significant Deterioration of 

Air Quality permitting program consistent with the federal requirements. 

Specifically, the proposed amendments will incorporate EPA’s recently promulgated 

Tailoring Rule for Greenhouse Gases which specifies that beginning in 2011, 

projects that will substantially increase greenhouse gas emissions will require an air 

permit. The revision does not incorporate implementation of fine particulate matter 

that was promulgated on May 16, 2008. The Commission will propose a SIP 

revision for implementation of fine particulate matter in a separate action at a later 

date. 

3. Amendments to “Air Emissions Operating Permit Regulations for the Purposes of 

Title V of the Federal Clean Air Act”, APC-S-6, in order to make the Title V 

permitting program consistent with the federal requirements. Specifically, the 

proposed amendments will incorporate EPA’s recently promulgated Tailoring Rule. 

II. 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, P.O. Box 2261, Jackson, 

Mississippi 39201. For persons with internet access, a copy of the proposed SIP revision 

and proposed 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 
GHG Proposed SIP Revision 

September 13, 2010 

of the proposed SIP Revision and proposed amendments to the referenced regulations will be 

available for public review through Wednesday, October 13, 2010, 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, 515 E. Amite Street, 

Jackson, Mississippi. Please contact Ms. Edna Banks at (601) 961-5171 to schedule an 

appointment. 

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., Wednesday, October 13, 2010, to the attention of Ms. Maya Rao at the address shown 

above. 

III. Notice of Public Hearing. 

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

conducted. The hearing will be held on Wednesday, October 13, 2010, at 10:00 a.m. in the 

Commission Hearing Room (Room 104A) of the Mississippi Department of Environmental 

Quality Office Building located at 515 E. Amite Street, Jackson, Mississippi 39201. 

IV. Additional Information. 

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

Simmons at 601-961-5165. 
GHG Proposed SIP Revision 

September 13, 2010 

3.21 Legal Authority for the Proposed SIP Revision

No legislative actions are needed concerning this proposed SIP revision. The State of 

Mississippi Air & Water Pollution Control Law, Section 49-17-1 to 49-17-43, Mississippi 

Code of 1972, gives the Commission on Environmental Quality the necessary legal authority 

to adopt and implement this proposed SIP revision. The State act (as of July 1, 2004) 

Mississippi Code Annotated, Section 49-17-13(3) designates the Commission as the State air 

pollution control agency for all purposes of the federal pollution control legislation and 

programs and take all actions necessary thereto. 

Public participation on the proposed SIP revision will achieved by a public hearing to be 

held on October 13, 2010. The public hearing will be held at 10:00 a.m., Wednesday, 

October 13, 2010, in the Commission Hearing Room (Room 104A) of the Mississippi 

Department of Environmental Quality Office Building located at 515 E. Amite Street, 

Jackson, Mississippi 39201. 
GHG Proposed SIP Revision 

September 13, 2010 

5.19 Control Strategy for the Proposed SIP Revision

This proposed SIP revision includes amendments to air pollution control regulations which 

are control regulations and control strategies. Therefore, no additional control strategies are 

needed. 
GHG Proposed SIP Revision 

September 13, 2010 

6.23 Control Regulations for the Proposed SIP Revision

Proposed amendments to state regulations is included in Appendix C-21 of this proposed SIP 

revision. 
GHG Proposed SIP Revision 

September 13, 2010 

14.1.18 Health Effects of the Proposed SIP Revision

No adverse health effects are expected to be caused by this proposed SIP revision. 
GHG Proposed SIP Revision 

September 13, 2010 

14.3.18 Economics Effects of the Proposed SIP Revision

No adverse economic effects due to this proposed SIP revision are foreseen. 
GHG Proposed SIP Revision 

September 13, 2010 

14.5.18 Social Effects of the Proposed SIP Revision

No adverse social effects are foreseen as a result of this proposed SIP revision. 
GHG Proposed SIP Revision 

September 13, 2010 

14.6.18 Air Quality Effects of the Proposed SIP Revision

This proposed SIP revision will not have any adverse air quality effects. 
GHG Proposed SIP Revision 

September 13, 2010 

MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY 

OFFICE OF POLLUTION CONTROL 

PROPOSED STATE IMPLEMENTATION PLAN REVISION 

APPENDIX C-21 

PROPOSED AMENDMENTS TO 

“REGULATIONS FOR THE PREVENTION OF SIGNIFICANT 

DETERIORATION OF AIR QUALITY” 

APC-S-5
GHG Proposed SIP Revision 

September 13, 2010 

MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY

“REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION OF AIR 

QUALITY” 

APC-S-5 

Proposed Amendments 

Public Hearing Date: October 13, 2010
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 

Proposed Amendments

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, 2007September 13, 2010, 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, 2007September 13, 2010, 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],

2.82.5 (cc)[Routine maintenance, repair, and replacement], and 

2.92.6 The phrase “in circumstances where there is a reasonable possibility, within the 

meaning of paragraph (r)(6)(vi) of 40 CFR 52.21, 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]. 

2.7 Certain amendments to 40 CFR 52.21 specified in 73 FR 38349. The excluded 

provisions are as follows:

a. Revised paragraphs (b)(23)(i) and (b)(50)(i). In lieu of these paragraphs 

(b)(23)(i) and (b)(50)(i) of 40 CFR 52.21, as amended and promulgated by 

June 15, 2007, are incorporated and adopted by reference.

b. Addition of paragraphs (b)(50)(vi) and (i)(1)(xi).

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. (l)(2) [Air quality models]; 

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

j. (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)(l)(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. 
MISSISSIPPI 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

OFFICE OF POLLUTION CONTROL 

TECHNICAL SUPPORT 

DOCUMENT 

ATTENDANT TO THE 

PROPOSED SIP REVISION 

REGARDING REQUIREMENTS OF THE FEDERAL TAILORING RULE FOR 

GREENHOUSE GASES AS IT PERTAINS TO 

PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY 

INCLUDING AMENDMENTS TO 

"REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION OF 

AIR QUALITY", APC-S-5 

Public Notice Start Date: September 13,2010 

Public Hearing Date: October 13,2010 
TABLE OF CONTENTS 

Discussion ............................................................................................................. Page 1 

Purpose of the Revision ........................................................................................ Page 2 

Sources Affected by the Revision ......................................................................... Page 2 

Pollutants Involved ............................................................................................... Page 2 

. . Changes in Allowable Emissions .......................................................................... Page 2 

LocationJAttainment Status .................................................................................. Page 2 

Part D SIPIAttainment Demonstration Impact ...................................................... Page 2 

Air Quality Impacts ............................................................................................... Page 2 

Modeling ............................................................................................................... Page 2 

Compliance Methods to be Employed .................................................................. Pa 2 

Public Hearing ...................................................................................................... Pa 2 

Response to Comments on Proposed SIP Revision .............................................. Pa 3 

Regulation Changes .............................................................................................. Page 3 

Final Adoption of SIP Revision and Amendments to APC.S.5 ........................... Page 3 

Administrative Procedures Requirements ............................................................. Page 3 

ATTACHMENTS 

Letter from Mississippi DEQ to EPA dated July 28. 20 10 ........................ Attachment 1 

Proposed Regulations in EPA Format (Redlinelstrikeout) ....................... Attachment 2 

Amendments to Regulation APC-S-5 

. . Proofs of Publicat~on .................................................................................. Attachment 3 

Notice of Public Hearing 

GHG Proposed SIP Revision. September 13. 2010 

State of Mississippi 

6 
Final Adoption Evidence. ..... ...... .............................. ...... ............ ....... ..... . . Attachment 4 

Memo Regarding Agenda for Commission Meeting 

Memo Regarding Commission Action on SIP and Regulation Amendments. 

Secretary of State Filing 

Administrative Procedures Requirements .................................................. Attachment 5 

GHG Proposed SIP Revision, September 13, 20 10 

State of Mississippi 
DISCUSSION: 

This SIP revision and amendments to the State of Mississippi's "Regulations for the 

Prevention of Significant Deterioration of Air Quality", APC-S-5 is to incorporate the 

Greenhouse Gas Tailoring Rule as promulgated by the Environmental Protection Agency 

(EPA) on June 3,2010. The tailoring rule changed the major source and significance level 

thresholds of greenhouse gas (GHG) emissions subject to the PSD regulations. The 

Mississippi Department of Environmental Quality is proposing to modify its current PSD 

regulations to be consistent with EPA's tailoring rule to include additional thresholds of 

100,000 tons per year of GHGs for major source applicability and 75,000 tons per year of 

GHGs as a significance threshold, based on carbon dioxide equivalent emissions for six 

GHGs - Carbon dioxide (C02), Methane (CH4), Nitrous oxide (N20), Hydrofluorocarbons 

(HFCs), Perfluorocarbons (PFCs), and Sulfur hexafluoride (SF6). 

This Tailoring Rule is necessary to avoid "absurd results" and an "administrative burden" 

that would occur if GHGs are regulated at the current major source applicability level of 

1001250 tons per year when GHGs become a regulated pollutant. EPA has determined that 

GHGs will become a regulated pollutant on January 2, 201 1 based upon the following 

actions: 

0 Issuance of the Endangerment Finding and Cause or Contribute Finding by 

the EPA Administrator on December 7, 2009. The Endangerment Finding 

found that the current and projected atmospheric concentrations of the six, 

key, well-mixed GHGs threaten the public health and welfare of current and 

future generations. The Cause or Contribute Finding found that the combined 

emissions of these well-mixed GHGs from new motor vehicles and new 

motor vehicle engines contribute to the greenhouse gas pollution which 

threatens public health and welfare. These findings, which were published 

December 15, 2009, do not impose any requirements on industry or other 

entities. However, they were a prerequisite to finalizing the GHG standards 

for light-duty vehicles. 

On December 1 8,2008, EPA issued a memorandum, "EPA's Interpretation of 

Regulations that Determine Pollutants Covered by Federal Prevention of 

Significant Deterioration (PSD) Permit Program" (known as the "Johnson 

Memo" or the "PSD Interpretive Memo"). In the Interpretation, the agency 

established that Clean Air Act (CAA) permitting requirements apply to a 

newly regulated pollutant at the time a regulatory requirement to control 

emissions of that pollutant "takes effect" (rather than upon promulgation or 

the legal effective date of the regulation containing such a requirement). 

Based on the anticipated promulgation of the light duty vehicle rule, the 

notice stated that the GHG requirements of the vehicle rule would trigger 

CAA permitting requirements for stationary sources on January 2, 20 1 1. 

On April 1,20 10, EPA finalized the light duty vehicle rule controlling GHG 

emissions. This rule confirmed that January 2,201 1 is the earliest date that a 

GHG Proposed SIP Revision, September 13,2010 

State of Mississippi 
20 12 model year vehicle meeting these rule requirements may be sold in the 

United States. 

At the current major source applicability level of 1001250 tons per year, the EPA projected 

that tens of thousands of PSD permits would be required nationally, severely impacting each 

state, local and tribal permitting authorities' abilities to manage air quality. The Tailoring 

Rule was promulgated to "tailor" the requirements of the CAA permitting programs to limit 

which facilities will be required to obtain PSD permits. The tailoring rule will phase in GHG 

applicability as described below: 

Step 1. (January 2,201 1 -June 30,201 1). Only sources currently subject to 

the PSD permitting program (i.e., those that are newly-constructed or 

modified in a way that significantly increases emissions of a pollutant other 

than GHGs) would be subject to permitting requirements for their GHG 

emissions under PSD. For these projects, only GHG increases of 75,000 tpy 

or more of total GHG, on a C02e basis, would need to determine the Best 

Available Control Technology (BACT) for their GHG emissions. During this 

time, no sources would be subject to Clean Air Act permitting requirements 

due solely to GHG emissions. 

Step 2. (July 1, 201 1 to June 30, 2013). In this phase, PSD permitting 

requirements will cover for the first time new construction projects that emit 

GHG emissions of at least 100,000 tpy even if they do not exceed the 

permitting thresholds for any other pollutant. Modifications at existing 

facilities that increase GHG emissions by at least 75,000 tpy will be subject 

to permitting requirements, even if they do not significantly increase 

emissions of any other pollutant. 

The MDEQ is proposing to incorporate by reference the final Tailoring Rule. 

GHG Proposed SIP Rev~s~on, September 13,2010 

State of Miss~ss~pp~ 

- - - - . - .- - . ---..-- 
PURPOSE OF THE REVISION: 

The purpose of the SIP revision is to incorporate by reference the requirements of the federal 

Greenhouse Gas Tailoring Rule as promulgated by the U.S. Environmental Protection 

Agency (EPA) on June 3,20 10, as it pertains to the prevention of significant deterioration of 

Air Quality. Attachment 1 contains a letter from Mississippi DEQ to EPA dated July 28, 

20 10, regarding adoption of the greenhouse gas tailoring rule. 

SOURCES AFFECTED BY THE REVISION: 

This SIP revision potentially affects all sources and practices subject to air pollution control 

regulations in Mississippi. 

POLLUTANTS INVOLVED: 

The pollutants affected by this SIP Revision are all pollutants subject to regulation. 

CHANGES IN ALLOWABLE EkIlSSlONS: 

This SIP Revision does not include any provisions for emission limitation changes. 

LOCATIONJATTAINMENT STATUS: 

All areas of the state are designated attainment for all NAAQS. The proposed SIP Revision 

does not change any requirements for sources locating in or impacting non-attainment areas. 

PART D SIPJATTAINMENT DEMONSTRATION IMPACT: 

This is not applicable. 

AIR QUALITY IMPACTS: 

This SIP Revision will have no adverse impact on air quality. 

MODELING: 

No modeling is necessary for this SIP Revision. 

COMPLIANCE METHODS TO BE EMPLOYED: 

Compliance with the amended regulations will be achieved by air emission permits. 

PUBLIC HEARING: 

Public participation on the SIP Revision will be achieved by a public hearing scheduled for 

APC-S-5, PSD Regulations, Proposed ~mendments, September 13, 2010 
10:OO a.m., Wednesday, October 13,20 10, at 10:OO a.m. in the Commission Hearing Room 

(Room 104A) of the Mississippi Department of Environmental Quality Office Building 

located at 515 E. Amite Street, Jackson, Mississippi 39201 in accordance with the 

information provided in the public notice and Mississippi Administrative Procedures Act. 

The notice for public hearing will be published consistent with procedures approved by EPA. 

The notice of public hearing is to be published on September 13, September 20, and 

September 27,20 10, in daily newspapers in the cities of Gulfport, Jackson, and Tupelo in the 

State of Mississippi. The notice of public hearing, the proposed SIP revision, and proposed 

amendments to state air pollution control regulations will be made available for public 

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

Mississippi Department of Environmental Quality, 51 5 E. Amite St., Jackson, Mississippi, 

39201 and also will be available on the Department's website http://www.deq.state.ms.us. 

The public notice was also mailed to persons on the air pollution control regulation mailing 

list. 

TSD Attachment 2 contains a copy of the notice of public hearing and will contain copies of 

proofs of publication of the notice of public hearing after adoption. 

RESPONSE TO COMMENTS ON PROPOSED PLAN REVISION: 

This section will contain any comments that are received during the public comment period. 

REGULATION CHANGES: 

See TSD Attachment 2. 

FINAL ADOPTION OF PLAN REVISION AND REGULATIONS: 

TSD Attachment 3 will contain evidence of final adoption of the SIP revision and 

amendments to APC-S-5. 

ADMINISTRATIVE PROCEDURES REQUIREMENTS: 

The proposed SIP Revision and amendments to regulations will be completed in accordance 

with Mississippi's Administrative Procedures Law and the Mississippi Air and Water 

Pollution Control Law. TSD Attachment 4 will contain evidence of administrative procedure 

requirements. 

APC-S-5, PSD Regulations, Proposed Amendments, September 13, 2010 

-- - -- -- 
ATTACHMENT 1 

MISSISSIPPI DEQ LETTER TO EPA DATED JULY 28,2010 

APC-S-5, PSD Regulations, Proposed Amendments, September 13, 2010 

- -- -. '- *.-. -- 
APC-S-5, PSD Regulations, Proposed Amendments, September 13, 2010 

----- ---. 
ATTACHMENT 2 

PROPOSED AMENDMENTS TO 

"REGULATIONS FOR THE PREVENTION OF SIGNIFICANT 

DETERIORATION OF AIR QUALITY" 

=PC-s-5, PSD Regulations, Proposed ~mendments, September 13. 2010 

--. -*- 
MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

"REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION OF AIR 

QUALITY" 

Proposed Amendments 

Public Hearing Date: October 1 3, 201 0 

APC-S-5, PSD Regulations, Proposed Amendments, September 13, 2010 

- - -. - ---- -- - 
MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION 

OF AIR QUALITY 

Adopted June 28,1990 

Amended April 25, 1 99 1 

Amended December 9,1993 

Amended August 22, 1996 

Amended July 28,2005 

Amended August 23,2007 

Proposed Amendments 

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 5 1.166. This regulation supercedes and 

replaces the previous adoption by reference of 40 CFR 52.21 and 40 CFR 51.166. 

40 CFR 52.2 1 and 5 1.166 as used in this regulation refer to the federal regulations as 

amended and promulgated by 3+mA+%WSe~tember 13,2010, 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 52.2 1 as amended and promulgated by 

3im ! 5,WSeptember 13,20 10, 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], 

282.5 (cc)[Routine maintenance, repair, and replacement], and 
292.6 The phrase "in circumstances where there is a reasonable possibility, within the 

meaning of paragraph (r)(6)(vi) of 40 CFR 52.21, 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]. 

2.7 Certain amendments to 40 CFR 52.21 specified in 73 FR 38349. The excluded 

provisions are as follows: 

a. Revised paragraphs (b)(23)(i) and (b)(50)(i). In lieu of these paragraphs 

Jb)(23)(i) and (b)(50)(i) of 40 CFR 52.21, as amended and promulgated by 

June 15,2007, are incorporated and adopted by reference. 

b. Addition of paragraphs (b)(50)(vi) and (i)(l )(xi). 

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: 

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

paragraph b(3 7)(i); 

paragraph b(43); 

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

paragraph b(50)(i); 

paragraph b(5 1); 

(g)(l)-(g)(6) [Redesignation]; 

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

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

(t) [Disputed permits or redesignations]. 

4. Subsections 40 CFR 5 1.166(f) Exclusions from Increment Consumption (excluding the 

phrase "The plan may provide thatYu') 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 5 1.166(f)(2), 

4.2 The term "Administrator" as it appears in subparagraphs (f)(l)(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)(l) 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 (1 50) 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 signiiicant action 

the Executive Director takes on the application. 

6. This regulation applies to any stationary source or modification to which 40 CFR 52.2 1 

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. 
ATTACHMENT 3 

NOTICE OF PUBLIC HEARING 

PROOFS OF PUBLICATION 

GHG Proposed SIP Revision, September 13. 20 10 

State of Mississippi 
MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

NOTICE OF PROPOSED RULEMAKING 

NOTICE OF PUBLIC HEARING 

PUBLIC NOTICE START DATE: SEPTEMBER 13,201 0 

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 regulations. The proposed SIP Revision and regulation 

amendments will be applicable statewide. The Commission's authority to adopt the SIP Revision is 

found at Mississippi Code Annotated Section 49-2-9(1)(b) and Section 49-17-17(b). The 

Commission's authority to adopt amendments to the regulations is found at Mississippi Code 

Annotated Section 49-2-9(1)(b) and Section 49- 17-1 7(i) 

I. The proposed actions concern adoption of: 

1. Amendments to "Air Emission Regulations for the Prevention, Abatement, and 

Control of Air Contaminants," APC-S-1 to adopt, by reference, amendments to 

Federal New Source Performance Standards, as promulgated in 40 CFR Part 60 and 

Federal National Emission Standards for Hazardous Air Pollutants as promulgated in 

40 CFR Parts 61 and 63. 

2. A SIP Revision and amendments to "Regulations for the Prevention of Significant 

Deterioration of Air Quality", APC-S-5 which will incorporate by reference updated 

relevant portions of federal regulations as promulgated in 40 CFR Parts 5 1.166, 

52.21, and 52.22 in order to make the state Prevention of Significant Deterioration of 

Air Quality permitting program consistent with the federal requirements. 

Specifically, the proposed amendments will incorporate EPA's recently promulgated 

Tailoring Rule for Greenhouse Gases which specifies that beginning in 20 1 1, projects 

that will substantially increase greenhouse gas emissions will require an air permit. 

The revision does not incorporate implementation of fine particulate matter that was 

promulgated on May 16, 2008. The Commission will propose a SIP revision for 

implementation of fine particulate matter in a separate action at a later date. 

3. Amendments to "Air Emissions Operating Permit Regulations for the Purposes of 

Title V of the Federal Clean Air Act", APC-S-6, in order to make the Title V 

permitting program consistent with the federal requirements. Specifically, the 

proposed amendments will incorporate EPA's recently promulgated Tailoring Rule. 

11. 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, P.O. Box 2261, Jackson, 

Mississippi 39201. For persons with internet access, a copy of the proposed SIP revision and 

proposed 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 

GHG Proposed SIP Revision, September 13, 2010 

State of Mississippi 
of the proposed SIP Revision and proposed amendments to the referenced regulations will be 

available for public review through Wednesday, October 13, 20 10, 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, 5 15 E. Amite Street, 

Jackson, Mississippi. Please contact Ms. Edna Banks at (601) 961-5171 to schedule an 

appointment. 

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., Wednesday, October 13,2010, to the attention of Ms. Maya Rao at the address shown 

above. 

111. Notice of Public Hearing. 

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

conducted. The hearing will be held on Wednesday, October 13,2010, at 10:OO a.m. in the 

Commission Hearing Room (Room 104A) of the Mississippi Department of Environmental 

Quality Office Building located at 515 E. Amite Street, Jackson, Mississippi 39201. 

IV. Additional Information. 

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

Simmons at 601 -961 -5 165. 

GHG Proposed SIP Revwon, September 13,2010 

State of M~ss~ssipp~ 

- ---. - 
ATTACHMENT 4 

EVIDENCE OF ADOPTION OF SIP REVISION AND 

AMENDMENTS TO 

APC-S-5 

GHG Proposed SIP Revision, September 13,2010 

State of Mississippi 
Adoption documentation to be inserted here. 

GHG Proposed SIP Revision, September 13,2010 

State of Mississippi 
ATTACHMENT 5 

ADMINISTRATIVE PROCEDURES REQUIREMENTS 

MISSISSIPPI POLLUTION CONTROL ACT (SECTION 49-17-25) 

MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW 

GHG Proposed SIP Revision, September 13,2010 

State of Mississippi 
Administrative procedures documentation to be inserted here. 

GHG Proposed SIP Revision, September 13,2010 

State of Mississippi