Ms. Gwendolyn Keyes FlemingRegional Administrator

U.S. Enviromnental Protection Agency

61 Forsyth Street, S.W.

Atlanta, Georgia 30303-3 104Dear Ms. Fleming:

Re: Mississippi Nitrogen Dioxide Infrastructure SIP

Enclosed are documents related to Mississippi’s Infrastructure State Implementation Plan (SIP) tocomply with the requirements of Section 11 0(a)( 1) and (2) ofthe Federal Clean Air Act regarding the

2010 National Ambient Air Quality Standard for Nitrogen Dioxide. We are transmitting, under

separate cover, additional copies to Lynorae Benjamin of your agency.

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

period ended February 22, 2013. EPA Region 4 submitted a comment letter during the public

comment period. There were no other comments received. The suggested changes recommended by

EPA were considered minor and were integrated into the SIP.

We feel that this Nitrogen Dioxide Infrastructure SIP submittal is complete. Therefore, we are

requesting EPA approval of this SIP into the federally approved Mississippi State ImplementationPlan.

If you have any questions or need further information, please contact me or Maya Rao ofmy staff at

(601) 961-5242.

Very truly yours,.

Trud’ D. FisherExecutive Director

TDF/cjs

Enclosurescc: Ms. Beverly Banister, EPA Region IV

OFFICE OF POLLUTION CONTROL

PosT OFFIcE Box 2261 • JAcKsON, MississiPPi 39225-2261 • TEL: (601) 961-5171 • FAx: (601) 354-6612 • www.deq.state.ms.us

AN EQUAL OPPORTUNITY EMPLoYER
State of Mississippi 

2010 Nitrogen Dioxide Infrastructure SIP, Final 

February 28, 2013 

Mississippi Certification 

Clean Air Act Section 110(a)(1) and (2) 

2010 Nitrogen Dioxide Requirements

This certification addresses Mississippi’s obligations under Section 110(a)(1) and (2) of the 

Clean Air Act for the 2010 Nitrogen Dioxide National Ambient Air Quality Standards 

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

are referred to in this document: 

APC-S-1 Mississippi Commission on Environmental Quality 

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

Contaminants” 

APC-S-2 Mississippi Commission on Environmental Quality 

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

Equipment” 

APC-S-3 Mississippi Commission on Environmental Quality 

“Mississippi Regulations for the Prevention of Air Pollution Emergency 

Episodes” 

APC-S-5 Mississippi Commission on Environmental Quality 

“Mississippi Regulations for the Prevention of Significant Deterioration of Air 

Quality” 

Appendix A-9 Mississippi Code Title 49 

Appendix A-10 State Ethics Law as of July 1, 2011 and Mississippi Ethics Commission 

Advisory Opinion No. 95-042-E, May 5, 1995 

Appendix A-11 State Constitution Provisions as of July 1, 2011 

Appendix R State Implementation Plan Revision Regarding Regional Haze Program 

Requirements: SIP Narrative Addressing Visibility Improvement in Federal 

Class I Areas 
State of Mississippi 

2010 Nitrogen Dioxide Infrastructure SIP, Final 

February 28, 2013 

Section 110(a)(1) 

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

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

the promulgation of a national primary ambient air quality standard (or any revision thereof) 

under section 109 of this title for any air pollutant, a plan which provides for implementation, 

maintenance, and enforcement of such primary standard in each air quality control region (or 

portion thereof) within such State. In addition, such State shall adopt and submit to the 

Administrator (either as a part of a plan submitted under the preceding sentence or separately) 

within 3 years (or such shorter period as the Administrator may prescribe) after the 

promulgation of a national ambient air quality secondary standard (or revision thereof), a plan 

which provides for implementation, maintenance, and enforcement of such secondary standard 

in each air quality control region (or portion thereof) within such State. Unless a separate public 

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

the hearing required by the first sentence of this paragraph. 

The submittal of this State Implementation Plan for Mississippi will satisfy the requirements 

listed above for the primary and secondary nitrogen dioxide standards. 

Section 110(a)(2)(A) 

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

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

rights), as well as schedules and timetables for compliance, as may be necessary or appropriate 

to meet the applicable requirements of this chapter. 

SIP Appendix A-9, Section 49-17-17(h), provides the Mississippi Department of Environmental 

Quality (MDEQ) the ability to adopt, modify, or repeal and promulgate ambient air quality 

standards and emission standards for the state under such conditions as the Mississippi 

Commission on Environmental Quality (Commission) may prescribe for the prevention, control, 

and abatement of pollution. 

Section 110(a)(2)(B) 

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

procedures necessary to— 

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

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

SIP Appendix A-9 Section 49-17-17(g) provides MDEQ with the necessary statutory authority to 

collect and disseminate information relating to air quality and pollution and the prevention, 

control, supervision, and abatement thereof. As of the date of this infrastructure submittal;, the 

development of the NO2 monitoring network is ongoing; therefore, Mississippi’s NO2

monitoring strategy will be established per the requirements set forth in the 2012 and any 
State of Mississippi 

2010 Nitrogen Dioxide Infrastructure SIP, Final 

February 28, 2013 

subsequent Annual Monitoring Network plan relevant to the development of the State’s NO2

monitoring network. 

Section 110(a)(2)(C) 

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

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

areas covered by the plan as necessary to assure that national ambient air quality standards are 

achieved, including a permit program as required in parts C and D of this subchapter. 

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

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

applies to the construction of minor sources. SIP Section APC-S-2, Section VI. provides for the 

enforcement of measures described in Section 110(a)(2)(A). 

Section 110(a)(2)(D) 

Contain adequate provisions— 

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

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

(I) contribute significantly to nonattainment in, or interfere with maintenance by, any other State 

with respect to any such national primary or secondary ambient air quality standard, or 

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

any other State under part C of this subchapter to prevent significant deterioration of air quality 

or to protect visibility

1. Contribute significantly to nonattainment of NAAQS for areas in another state (Prong 

1). 

Mississippi is not required to address this section. 

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

Mississippi is not required to address this section. 

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

related to Prevention of Significant Deterioration (Prong 3). 

SIP Section APC-S-5 reference federal PSD requirements that are applicable to new 

major sources and major modifications. 

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

related to Regional Haze and Visibility (Prong 4). 

SIP Appendix R addresses Mississippi regional haze program requirements that meet 

this criterion. 
State of Mississippi 

2010 Nitrogen Dioxide Infrastructure SIP, Final 

February 28, 2013 

(ii) Each such Plan shall [...] contain adequate provisions insuring compliance with the 

applicable requirements of sections 115 and 126(b) that involve nitrogen dioxide 

emissions (relating to interstate and international pollution abatement).” EPA has no 

reason to approve or disapprove any existing state rules with regard to these provisions. 

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

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

sources to state and local agencies of neighboring states. Therefore, the SIP meets the 

requirements of this criterion. 

Section 110(a)(2)(E)

Provide 

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

the general purpose local government or governments, or a regional agency designated by the 

State or general purpose local governments for such purpose) will have adequate personnel, 

funding, and authority under State (and, as appropriate, local) law to carry out such 

implementation plan (and is not prohibited by any provision of Federal or State law from 

carrying out such implementation plan or portion thereof). 

SIP Appendix A-9, Section 49-17-17(d), grants MDEQ statutory authority to accept and 

administer laws and grants from the federal government and from other sources, public and 

private, for carrying out any of its functions, which loans and grants shall not be expended for 

other than the purposes for which provided. 

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

section 128 of this title. 

EPA proposed to approve in part, and disapprove in part, a draft revision of this section for the 

1997 annual and 2006 24-hour PM2.5 NAAQS infrastructure SIP submitted by MDEQ on July 

13, 2012. EPA proposed to approve the MDEQ submission as it related to the public interest 

requirements of Clean Air Act (CAA) Section 128(a)(1) and the conflict of interest disclosure 

provisions of CAA Section 128(a)(2). EPA also proposed to disapprove the submission as it 

pertained to compliance with the significant portion of income requirements of CAA Section 

128(a)(1). These EPA actions are detailed in Federal Register Vol. 77, No. 154, 47573. The 

MDEQ submission is stated below. 

SIP Appendix A-9, Section 49-17-17(a), states that the Mississippi Commission on 

Environmental Quality shall have powers and duties to issue and supervise enforcement orders. 

SIP Appendix A-9, Section 49-17-28, states the Mississippi Department of Environmental 

Quality (MDEQ) Permit Board has the power to issue, modify, revoke, or deny permits. These 

are the only boards that have authorization to issue enforcement orders and permits. 
State of Mississippi 

2010 Nitrogen Dioxide Infrastructure SIP, Final 

February 28, 2013 

MDEQ is proposing that provisions of the Mississippi State Constitution and of the Mississippi 

Code are substantially equivalent to the requirements of the Federal Program by providing for 

unbiased decisions of the Commission on all matters, including final decisions on permits, and 

the disclosure of any potential conflicts of interest. 

SIP Appendix A-11, Article 4, Section 109 of the Mississippi Constitution provides “No public 

officer or member of the legislature shall be interested, directly or indirectly, in any contract with 

the state, or any district, county, city, or town thereof, authorized by any law passed or order 

made by any board of which he may be or may have been a member, during the term for which 

he shall have been chosen, or within one year after the expiration of such term.” Simply being a 

commission member constitutes a violation of Constitutional Section 109 regardless of voting or 

not voting if the interest being voted on is a contract prohibited by the provision. Thus, there can 

be no Commission member with any interest in a governmental contract with the agency. 

In addition to the Constitutional prohibition, Mississippi has an ethical charter set forth in SIP 

Appendix A-10 Mississippi Code Section 25-4-101, et. seq. These Code sections define the 

terms used and prohibit conflicts of interests by Commission members. 

SIP Appendix A-10 Mississippi Code Section 25-4-103 provides the following definitions, in 

pertinent part: 

(b) “Benefit” means any gain or advantage to the beneficiary, including any 

gain or advantage to a third person pursuant to the desire or consent of the 

beneficiary. 

(c) “Business” means any corporation, partnership, sole proprietorship, firm, 

enterprise, franchise, association, organization, holding company, selfemployed individual, joint-stock company, receivership, trust or other 

legal entity or undertaking organized for economic gain, a nonprofit 

corporation or other such entity, association or organization receiving 

public funds. 

(d) “Business with which he is associated” means any business of which a 

public servant or his relative is an officer, director, owner, partner, 

employee or is a holder of more than ten percent (10%) of the fair market 

value or from which he or his relative derives more than Two Thousand 

Five Hundred Dollars ($2,500.00) in annual income or over which such 

public servant or his relative exercises control. 

(f) “Contract” means: 

(i) Any agreement to which the government is a party; or 

(ii) Any agreement on behalf of the government which 

involves the payment of public funds. 
State of Mississippi 

2010 Nitrogen Dioxide Infrastructure SIP, Final 

February 28, 2013 

(g) “Government” means the state and all political entities thereof, both 

collectively and separately, including, but not limited to: 

 (v) Any department, agency, board, commission, institution, 

instrumentality, or legislative or administrative body of the 

state, counties or municipalities created by statute, 

ordinance or executive order including all units that expend 

public funds. 

(h) “Governmental entity” means the state, a county, a municipality or any 

other separate political subdivision authorized by law to exercise a part of 

the sovereign power of the state. 

(l) “Pecuniary benefit” means benefit in the form of money, property, 

commercial interests or anything else the primary significance of which is 

economic gain. Expenses associated with social occasions afforded public 

servants shall not be deemed a pecuniary benefit. 

(p) “Public servant” means: 

(i) Any elected or appointed official of the government; 

(ii) Any officer, director, commissioner, supervisor, chief, 

head, agent or employee of the government or any agency 

thereof, or of any public entity created by or under the laws 

of the State of Mississippi or created by an agency or 

governmental entity thereof, any of which is funded by 

public funds or which expends, authorizes or recommends 

the use of public funds; or 

(iii) Any individual who receives a salary, per diem or expenses 

paid in whole or in part out of funds authorized to be 

expended by the government. 

SIP Appendix A-10 Mississippi Code Section 25-4-105(1), (3) and (5) state, in pertinent part: 

 

(1) No public servant shall use his official position to obtain, or attempt to 

obtain, pecuniary benefit for himself other than that compensation 

provided for by law, or to obtain, or attempt to obtain, pecuniary benefit 

for any relative or any business with which he is associated. 

(3) No public servant shall: 

(d) Perform any service for any compensation during his term 

of office or employment by which he attempts to influence 
State of Mississippi 

2010 Nitrogen Dioxide Infrastructure SIP, Final 

February 28, 2013 

a decision of the authority of the governmental entity of 

which he is a member. 

(5) No person may intentionally use or disclose information gained in the 

course of or by reason of his official position or employment as a public 

servant in any way that could result in pecuniary benefit for himself, any 

relative, or any other person, if the information has not been 

communicated to the public or is not public information. 

The interests of each of the Board member are made public by the required filing of a 

statement of economic interest pursuant to SIP Appendix A-10 Mississippi Code Section 

25-4-25, which provides in pertinent part: 

Each of the following individuals shall file a statement of economic interest with 

the commission in accordance with the provisions of this chapter: 

(e) Members of any state board, commission or agency, including the 

Mississippi Ethics Commission, charged with the administration or 

expenditure of public funds, with the exception of advisory boards or 

commissions; provided, however, in order to fulfill the legislative 

purposes of this chapter, the commission may require, upon a majority 

vote, the filing of a statement of economic interest by members of an 

advisory board or commission; 

(f) Executive directors, heads, or members of any board, committee, 

commission or council of any of the following entities, by whatever name 

designated: 

The application of the above referenced statutes has been addressed by the Mississippi Ethics 

Commission in SIP Appendix A-10 Advisory Opinion 95-042-E, as follows: 

State commission members [should] not use their official positions to 

obtain a pecuniary benefit for themselves, their relatives or any business with 

which they are associated in violation of SIP Appendix A-10 Code Section 25-4-

105(1). 

Public servants must keep the performance of their official duties entirely 

separate and distinct from any private interests. In order for the private interests to 

remain separate and distinct, public servants must recuse themselves from 

discussing or acting on any subject matter in which they have a pecuniary interest. 

A proper recusal occurs when the public servant totally removes himself 

or herself from the pertinent matter by not officially or unofficially taking part or 

action regarding the subject matter and leaves the room or area where such 

discussions, considerations or actions take place. The minutes of the state 
State of Mississippi 

2010 Nitrogen Dioxide Infrastructure SIP, Final 

February 28, 2013 

commission should state that the member left the meeting by showing him or her 

absent for that matter. 

A commission member(s) should not vote on or take part in a matter 

concerning regulations or licensing restrictions that would affect the pecuniary 

interest and/or benefit of the commission member, a relative or a business in 

which he or she is associated. 

Violations of SIP Appendix A-10 Code Section 25-4-105 are punishable in accordance with SIP 

Appendix A-10 Code Sections 25-4-109, which provides in pertinent part: 

(1) Upon a finding by clear and convincing evidence that any elected public 

servant or other person has violated any provision of this article, the 

commission may censure the elected public servant or impose a civil fine 

of not more than Ten Thousand Dollars ($10,000.00), or both. The 

commission may further recommend to the Circuit Court for Hinds 

County that the elected public servant be removed from office. 

(2) Upon a finding by clear and convincing evidence that any nonelected 

public servant has violated any provision of this article, the commission 

may censure the nonelected public servant or impose a civil fine of not 

more than Ten Thousand Dollars ($10,000.00), or both. The commission 

may further recommend to the Circuit Court for Hinds County that the 

nonelected public servant be removed from office, suspended, or subjected 

to a demotion or reduction in pay. 

(3) The commission may order restitution or other equitable or legal remedies 

to recover public funds or property unlawfully taken, as well as unjust 

enrichment, although not public funds. Any pecuniary benefit received by 

a public servant in violation of this article may be declared forfeited by the 

commission for the benefit of the governmental entity injured. 

(4) In the event a public servant does not appeal the decision or 

recommendation of the commission, the commission may petition the 

Circuit Court for Hinds County for the removal, suspension, demotion or 

reduction of pay of the public servant as provided by law. 

Under the provisions of its Ethics laws, members of the Mississippi Commission on 

Environmental Quality and the MDEQ Permit Board are considered public servants, bound by all 

the provisions of the State’s Ethics laws. It is clear that members of the Commission and Permit 

Board are prohibited taking any action in their personal interests, on penalty of removal, 

sanction, fines and restitution orders. 

MDEQ is proposing that SIP Appendix A-10 Code Sections 25-4-25, as stated above, 25-4-27 

and 25-4-29 meet the requirements of Clean Air Act Section 128(a)(2). As aforestated, Code 

Section 24-4-25 provides for the filing of a statement of economic interest by every Commission 
State of Mississippi 

2010 Nitrogen Dioxide Infrastructure SIP, Final 

February 28, 2013 

member. Code Section 25-4-27(a) through (f) define the information required to be submitted by 

filers of the statement of economic interest. The MDEQ Executive Director, the Mississippi 

Commission on Environmental Quality, and the MDEQ Permit Board are required to file such 

statements. The failure to file such a statement is addressed in Code Section 25-4-29(2), which 

sets a monetary penalty for failing to file. 

(i) Mississippi proposes that the combination of SIP Appendix A-11Mississippi Constitution, 

Article 4, Section 109, and the SIP Appendix A-10 Mississippi Code Sections of the State’s 

ethical charter is substantially equivalent to the requirements of the Federal program by 

providing for unbiased decisions of the Board on all matters, including final decisions on 

permits, and the disclosure of any potential conflicts of interest. 

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

agency, or instrumentality for the implementation of any plan provision, the State has 

responsibility for ensuring adequate implementation of such plan provision 

SIP Appendix A-9, Section 49-17-17(h), provides for authority under State law to carry out its 

SIP and related issues. The State does not rely on a local regional government, agency, or 

instrumentality for the implementation of any plan provision. 

Section 110(a)(2)(F)

Require, as may be prescribed by the Administrator— 

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

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

from such sources, 

SIP Appendix A-9, Section 49-17-21, states that the Commission may require the installation, 

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

as the Commission deems necessary. 

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

such sources, and 

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

required to be included in any MDEQ air pollution permit. 

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

established pursuant to this chapter, which reports shall be available at reasonable times for 

public inspection.

SIP Appendix A-9, Section 49-17-21, states that MDEQ has the authority to require the 

maintenance of records related to the operation of air contaminant sources and any authorized 

representative of the Commission may examine and copy any such records or memoranda 

pertaining to the operation of such contaminant source. SIP Section APC-S-2, Section IX 
State of Mississippi 

2010 Nitrogen Dioxide Infrastructure SIP, Final 

February 28, 2013 

requires that copies of records relating to the operation of air contamination sources shall be 

submitted to the Permit Board as required by the permit or upon request. 

Section 110(a)(2)(G)

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

plans to implement such authority. 

SIP Appendix A-9, Section 49-17-27, states that in the event an emergency is found to exist by 

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

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

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

from a limited number of sources, he may order such source or sources to put into effect the 

emission control programs which are applicable for each episode stage. SIP Section APC-S-3 

also lists regulations to prevent the excessive buildup of air pollutants during air pollution 

episodes. 

Section 110(a)(2)(H)

Provide for revision of such plan— 

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

or secondary ambient air quality standard or the availability of improved or more expeditious 

methods of attaining such standard, and 

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

information available to the Administrator that the plan is substantially inadequate to attain the 

national ambient air quality standard which it implements or to otherwise comply with any 

additional requirements established under this chapter.

(i) SIP Appendix A-9, Section 49-17-17(h) provides MDEQ with the necessary statutory 

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

(ii) SIP Appendix A-9, Section 49-17-17(h) provides MDEQ with the necessary statutory 

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

inadequate to attain the NAAQS. 

Section 110(a)(2)(I) 

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

applicable requirements of part D of this subchapter (relating to nonattainment areas). 

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

is designated as nonattainment in the future, SIP Appendix A-9, Section 49-17-17, provides 

MDEQ with the necessary statutory authority to revise the SIP. 

Section 110(a)(2)(J)
State of Mississippi 

2010 Nitrogen Dioxide Infrastructure SIP, Final 

February 28, 2013 

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

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

prevention of significant deterioration of air quality and visibility protection). 

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

Appendix R) provide for continued consultation with government officials. SIP Appendix A-9, 

Section 49-17-17(c), provides MDEQ with the necessary statutory authority to advise, consult, 

cooperate, or enter into contracts, grants, and cooperative agreements with any federal or state 

agency or subdivision thereof. 

MDEQ has public notice mechanisms in place to notify the public of nitrogen dioxide. Certain 

regulatory actions may also be published in newspapers and/or public hearings. SIP Section 

APC-S-3 requires that MDEQ notify the public of any air pollution alert, warning, or emergency. 

SIP Section APC-S-5 addresses PSD applicable requirements of Part C. SIP Appendix R 

addresses visibility protection applicable requirements of Part C. 

Section 110(a)(2)(K)

Provide for— 

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

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

which the Administrator has established a national ambient air quality standard, and 

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

Administrator. 

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

permit applicability. 

Section 110(a)(2)(L)

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

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

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

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

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

costs or other costs associated with any enforcement action), 

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

approval of a fee program under subchapter V of this chapter. 

SIP Appendix A-9, Section 49-17-30, provides for the assessment of Title V permit fees to cover 

these costs. 

Section 110(a)(2)(M)
State of Mississippi 

2010 Nitrogen Dioxide Infrastructure SIP, Final 

February 28, 2013 

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

SIP Appendix A-9, Section 49-17-17(c), gives the Commission the statutory authority to advise 

and consult with any political subdivisions in the State. SIP Appendix A-9, Section 49-17-19(b) 

requires the Commission to conduct public hearings in accordance with EPA regulations prior to 

establishing, amending, or repealing standards of air quality. 
State of Mississippi 

2010 Nitrogen Dioxide Infrastructure SIP, Final 

February 28, 2013 

Response to Comments for Mississippi 2010 Nitrogen Dioxide Infrastructure SIP for CAA 

requirements 

EPA Region 4 submitted a comment letter during the public comment period. There were no 

other comments received. Mississippi acknowledges the EPA comment letter and incorporated 

the comments into the final SIP. The EPA comment letter follows this page. 
y

, 

Air Division

Office of Pollution Control

Mississippi Department of

Environmental Quality

P.O. Box 2261

Jackson, Mississippi 39225-226 1Dear Ms. Rao:Thank you for your January 22, 2013, submittal transmitting a prehearing package addressingMississippi’s State Implementation Plan (SIP) compliance with the requirements ofsection 11 0(a)( 1)

and (2) of the Clean Air Act regarding implementation ofthe 2010 Nitrogen Dioxide national ambientair quality standard. This SIP submittal is the subject of a public comment period which began onJanuary 23, 2013, with written comments due by the close of business on February 22, 2013. EPA hascompleted its review and offers the enclosed comments for your review and consideration.

We appreciate your transmittal ofthis package for our consideration. If you have any questions, pleasecontact Ms. Lynorae Benjamin, Chief, Regulatory Development Section at (404) 562-9040 or have yourstaff contact Ms. Twunjala Bradley at (404) 562-9352.

Sincerely,

R. Scott DavisChiefAir Planning Branch

Enclosure

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

Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (MInimum 30% Postconsumer)
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development ofthe NO2monitoring network is ongoing; therefore Mississippi’s NO2monitoring

strategy will be established per the requirements set forth in the 2012 and any subsequent Annual

Monitoring Network plan relevant to the development ofthe State’s NO2monitoring network.”

• For 11 0(a)(2)(C), (D)(i) and (J) it is suggested that Mississippi remain consistent when

addressing compliance prevention ofsignificant deterioration and visibility components ofthese

elements including documentation ofrelevant regulations, statues and statements.

• As a reminder, states are not required to address the section 11 0(a)(2)(I) infrastructure

requirements related to the nonattainment planning requirements of part D, Title I ofthe CAA.

This element is not governed by the three year submission deadline ofsection 11 0(a)( 1) but

rather section 172.
State of Mississippi 

2010 Nitrogen Dioxide Infrastructure SIP, Final 

February 28, 2013 

Public participation for Mississippi 2010 Nitrogen Dioxide Infrastructure SIP for CAA 

requirements 

Public participation for the above referenced infrastructure SIP was achieved by a public 

comment period that began on January 23, 2013 and ended on February 22, 2013. The public 

notice was published consistent with procedures approved by EPA. 

The notice of public comment period was published on January 23, 2013, in daily newspapers in 

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

hearing, and the draft SIP , were 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 was also made 

available on the Department’s website http://www.deq.state.ms.us. 

The public notice and proofs of publication follow this page. 
State of Mississippi 

2010 Nitrogen Dioxide Infrastructure SIP, Final 

February 28, 2013 

Public Notice 

Mississippi Commission on Environmental Quality 

P. O. Box 2261 

Jackson, MS 39225 

Telephone No. (601) 961-5171 

Public Notice Start Date: January 23, 2013 MDEQ Contact: Jerry Beasley 

Deadline for Comment: February 22, 2013 

Please take note that the Mississippi Commission on Environmental Quality (“Commission”) is 

providing draft information for comment regarding the Mississippi Certification that the State 

Implementation Plan for the Control of Air Pollution is adequate to comply with the 

requirements of Section 110(a)(1) and (2) of the Federal Clean Air Act as it pertains to the 

National Ambient Air Quality Standards for Nitrogen Dioxide as promulgated by the U.S. 

Environmental Protection Agency (EPA). 

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

and telephone number listed above. The draft certification information is also available for public 

review from Wednesday, January 23, 2013, through Friday, February 22, 2013, at the main 

branch of public libraries in cities of Gulfport, Jackson, and Tupelo. For those persons with 

internet access, the draft certification information may be found on the Mississippi Department 

of Environmental Quality’s website at http://www.deq.state.ms.us by clicking on Programs; Air 

Quality; New Information. 

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

to Jerry Beasley at the Commission’s address shown above, no later than 5:00 p.m. on Friday, 

February 22, 2013. All comments received by this date will be considered in preparation of the 

final submission of the certification information to EPA. A public hearing may be held if the 

Commission finds a significant degree of public interest in the draft certification. 

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

Mississippi Commission on

Environmental Quality

P.O.8ox2261

Jackson, MS 39225 i Telephone No. (601)961-

¶ 5171 Public Notice Start Date:

January 23. 2O13MDEO Contact Jerry Beasley DeaduneforComment

February22, 2013

Please take note that the

Misslsspi Commission on Environmental Quality

(CommIssiofl is providing

draft InformatiOn for

comment regarding the

Mississippi Certification that

the State Implementation

Plan for the Control ot AirPollution is adequate to

comply with the

requirements of Section

110(a)(1) and (2) of the

Federal Clean Air Act as itpertains to the NationalAmbient Air Quality

Standards for NitrogenDioxide as promulgated bythe U.S. Environmental

Protection Agency (EPA).Copies of the draftcertification may be

obtained by writing orcalling Joanne Rials at theaddress and telephone

number listed above. The

draft certification

Information Is also availablefor public review fromWednesday, January 23,2013. through Friday,

February 22, 2013, at themain branch of publiclibraries in cities of Gutfport,

Jackson, and Tupelo. Forthose persons with Internet

access, the draft

certification Informationmay be found on the Mississippi Department of

EnvIronmental Quality’s

website at

http:fIwww.deg.state.mS.Us

b’ dicldng on Programs; Air

Quality; New Information.

Persons wishing tocomment on the draftcertification are invited tosubmit comments in wntingto Jerry Beasley at the

Commission’s addressshown above, no later than6:00 p.m. on Friday.

February 22, 2013. Allcomments received by thisdate will be considered In

preparation of the finalsubmission of the

certification information to

EPA. A public hearing may

be held it the Commissionfinds a significant degree of

public interest in the draftcertification.

Please bring the foregoing

to the attention of personswhom you know will be

interested.January 23, 2013 —o2ss42?u21-or

C58849MS DEPT. OF ENV. QUALITY,

0200427627

2010 N02 Infrastructure SIP Certificatio

an authorized clerk of THE CLARION-LEDGER, a

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

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

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

which is hereto attached, appeared in the issues of said

newspaper as follows:

1/23/2013

Size: 322 words /1.00 col. x 87.00 lines

Published: 1 time(s)

Total; $52.14

Signed -. 4L—-

Authorized Clerk of

The Clarion-LedgerSWORN to and subscribed before me on 1/23/2013.

Notary Public

RICK TYLER

Notary Public State of Mississippi at Large. Bonded thruNotary Publià Underwriters

(SEAL)

:

:*:: NOTARYPUBUc

: : Commisslas Expires i

June2g.2016 •1
‘Public Notice

Mississippi Commission Ofl Environmental Qualityp O.Box226l Jackson, MS 39225

Telephone No. (60

January23,2 013 MDEQCOfltaJerTYBe55teY

beadlirre for Comment

Februaiy22,2013 Please take note that the MIs

sldsippi Commission on En vironmental Quality eCom mtssicrn9 is providing draft In formation for comment re

gardtngtheMississippiCertifl. caflon that ths State rn • plementakon Plan for the • Conbol of Air Pofluon is ad

equate to comply with the requirements of Section 110(a)(1) end (2) of the Fade.

rat Clean Air Act as tt pertains to the National Ambient Air

Quality Standards for Nitro

gen Provide as promulgated by the liLS. Environmental Protection Agency (EPA), Copies of the draft certifl. cation may be obtained by Writing orcatling Joanne Rlals

at the address end telephone number listed above, The draft certification information

Is else available for public re view from Wednesday, Jane

ery 23,2013, through Friday, February 22, 2013, at the

main branch of public libranea In villas of Gulfport, Jackson, and Tupelo. For those

persons with internet access, the draft, certification infor

mation may be found on the Mississippi Deparirnentof En vironmental Qualitys website

at httpIIwww.deq,st,a.rn

a.us by clicking on Programs; Air Quality; New Information. Persons Wiahitig to000rment

on the draft cerfiticeftoflo axe

Invited to submit comments In

writing to Jeny Seasley at the

Commamorsaddresashowe

above, no later than &OOp.rn

on Friday. February 22,2013.

Aacornmenlsrecervedbythls date wifi be considered In

preparation of the final sub mission of the certification In

formation to EPA’ A public hearing may be held If the Commission finds a signifi cant degree of public Interest In the draft certification.

Please bnng the foregoing to theettentionotpersonswhom

you know will be Intlirasted.

ADV23,IWED

1508320

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

Guifpcrt , in Harrison County, Mississippi, and the publication

of the notice,

a copy of which is hereto attached, has been made

in said paper

times in the following numbers and on the

following dates of such paper, viz:

Vol.

Vol.

Vol.

Vol.

Vol.

Vol.

Vol.

No., \\ dated

No.,

dated

No., dated

No., dated

No., dated

No., dated

No., dated

day of _Qr .20

3

dayof_________ ,20

dayof_________ 20

dayof_________ ,20

dayof_________ ,20

dayof_________ ,20

dayof_________ ,20

Afflant further states on oath that said newspaper has been

estabHshed and published continuously in said country for

a period

of more than twelve months next prior to the first pubcation of said

notice. 1”

Clerk

Sworn to and subscribed before me this

of

ci3r

3A.D.,20j

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O •

• a

, . •

a , •c 0

0 ‘ s a

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/ Notary P,/
#799438

LEGAL NOTICE

Public Notice

Mississippi Commission on Environmental Quality

P. 0. 8ox 2261

Jackson, MS 39225

Telephone No. (601) 961-5171 Public Notice Start Date:

January 23, 2013 MDEQ Contact: Jerry Beasley

Deadline for Comment:

February 22, 2013 Please take note that the Mis

sissippi Commission on Environ mental Quality (“Commission”) is

providing draft information for

comment regarding the Mississip

pi Certification that the State !mplementation Plan for the Con trol of Air Pollution is adequate tocomply with the requirements of Sectioh 110(a)(1) and (2) of the

Federal Clean Air Act as t pertains

to the National A;ribient Air Quali

ty Standards for Nitrogen Dioxide

as promulgated by the U.S. Envi

ronmental Protection Agency

(EPA). Copies of the draft certification

may be obtained by writing or calling Joanne Rials at the address and telephone number isted above. The draft certification

information ,s aIo available ‘cr

public review from Wednesoay, January 23, 2013, through Friday, February 22, 2013, at the main branch of public libraries In cities

of Gulfport, Jackson, and Tupelo. For those persons with Internet

access, the draft certification information may be found on the

MississIppi Department vf Envi ronmental Quality’s website at htto://www.deo.state.mS.US by

clicking on Programs; Ar Quality; New Information.

Persons wishing to comment on

the draft certification are invited

to submit comments in writing to

Jerry t3easley at the Commission’s address shown above, no later

than 5:00 p.m. on Fn!oay, Febru

ary 22, 2013. All comments received by this date will be con sidered in preparation of the finalsubmission of the certification

information to EPA. A public hear

ing may be held if the Commisson finds a significant degree of public

interest in the draft certification.

Please bring the foragoing tc’

the attention o’ persons whom

you know wir cie nrerested. January 23, 2013.

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

Northeast Mississippi Daily Journal”-who being duly sworn, deposes and says that the publicationof a certain notice, a true copy of which is hereunto attached, has been made in said newspaper for

_L. weeks consecutively to-wit:

Vol,I 3_.No. c2tV Date’Ei..-W 20J

Vol. . No._______ Date__________ 20_

Vol. .No.______ Date___________ 20Vol. . No._______ Date_____________ 20_

Vol. .No.______ Date _20_

Vol. ,. 20_

Witness my hand and seal this

c23 day

My Commission

‘: ,D632O1

.-?OWLi,•do

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