STATEOFMISSISSIPPIPHTLBRYANTGOVERNORMISSISSIPPIDEPARTMENTOFENVIRONMENTALQUALITYTRUDYIiFIsR,ExEcuTivEDmcToRFebruary28,2013Ms.GwendolynKeyesFlemingRegionalAdministratorU.S.EnviromnentalProtectionAgency61ForsythStreet,S.W.Atlanta,Georgia30303-3104DearMs.Fleming:Re:MississippiNitrogenDioxideInfrastructureSIPEnclosedaredocumentsrelatedtoMississippi’sInfrastructureStateImplementationPlan(SIP)tocomplywiththerequirementsofSection110(a)(1)and(2)oftheFederalCleanAirActregardingthe2010NationalAmbientAirQualityStandardforNitrogenDioxide.Wearetransmitting,underseparatecover,additionalcopiestoLynoraeBenjaminofyouragency.Wecertifythata30-daypubliccommentperiodwasheldregardingtheSIP.ThepubliccommentperiodendedFebruary22,2013.EPARegion4submittedacommentletterduringthepubliccommentperiod.Therewerenoothercommentsreceived.ThesuggestedchangesrecommendedbyEPAwereconsideredminorandwereintegratedintotheSIP.WefeelthatthisNitrogenDioxideInfrastructureSIPsubmittaliscomplete.Therefore,wearerequestingEPAapprovalofthisSIPintothefederallyapprovedMississippiStateImplementationPlan.Ifyouhaveanyquestionsorneedfurtherinformation,pleasecontactmeorMayaRaoofmystaffat(601)961-5242.Verytrulyyours,.Trud’D.FisherExecutiveDirectorTDF/cjsEnclosurescc:Ms.BeverlyBanister,EPARegionIVOFFICEOFPOLLUTIONCONTROLPosTOFFIcEBox2261•JAcKsON,MississiPPi39225-2261•TEL:(601)961-5171•FAx:(601)354-6612•www.deq.state.ms.usANEQUALOPPORTUNITYEMPLoYER

# State of Mississippi 2010 Nitrogen Dioxide Infrastructure SIP, Final February 28, 2013 

# Mississippi Certification

Clean Air Act Sectio n 110(a)(1) and (2)

2010 Nitrogen Dioxide Requirements

This certification addresses Mi ssissippi’s obligations under S ection 110(a)(1) a nd (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 Pr evention of Air Pollution Emergency Episodes”

APC-S-5 Mississippi Commission on Environmental Quality “Mississippi Regulations for the Preventi on 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 Re vision 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 pe riod as the Administrato r may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof) under section 109 of this title fo r any air pollutant, a plan which provides for implementation, maintenance, and enforcement of such primary standard in each air qual ity control region (or portion thereof) within such State. In addition, such Stat e shall adopt and submit to the Administrator (either as a part of a plan submi tted 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, maintenanc e, and enforcement of such secondary standard in each air quality control region (or portion thereo f) within such State. Unless a separate public hearing is provided, each State shall consider its plan implementing su ch secondary standard at the hearing required by the fi rst sentence of this paragraph.

The submittal of this State Implementation Plan for Mississippi will satisfy the requirements listed above for the primary and seco ndary nitrogen dioxide standards.

Section 110(a)(2)(A)

Include enforceable emission lim itations 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 requi rements 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 stat e 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 devi ces, methods, systems, and procedures necessary to—

(i) monitor, compile, and analyze da ta 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 nece ssary statutory authority to collect and disseminate information relating to air quality and pollu tion and the prevention, control, supervision, and abatement thereof. As of the date of this infrastructure submittal;, the development of the NO 2 

# monitoring network is ongoing; therefore, Mississippi’s NO 2 

# monitoring strategy will be established per the requirements set fo rth in the 2012 and any

# State of Mississippi 2010 Nitrogen Dioxide Infrastructure SIP, Final February 28, 2013 

# subsequent Annual Monitoring Network plan rele vant to the development of the State’s NO 2 

# monitoring network.

Section 110(a)(2)(C)

Include a program to provide for the enforcem ent 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 requi red in parts C and D of this subchapter.

SIP Sections APC-S-5 and APC-S-2, Section V. apply to the construc tion 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. SI P Section APC-S-2, Section VI. provides for the

enforcement of measures desc ribed 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 pollu tant in amounts which will— (I) contribute significantly to nonatta inment 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 includ ed 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 N AAQS by any other State (Prong 2).

Mississippi is not required to address this section.

3. Interfere with measures requi red to meet the Implementati on Plan for any other State related to Prevention of Signifi cant 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 inter national pollution abatement).” EPA has no reason to approve or disapprove any existing st ate 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 nei ghboring states. Therefor e, 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 governm ents, 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 appr opriate, local) law to carry out such implementation plan (and is not prohibited by any provision of Federa l or State law from carrying out such implementa tion 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 federa l 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 requirement s 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 PM 2.5 

# NAAQS infrastructure SIP submitted by MDEQ on July 13, 2012. EPA proposed to approve the MDEQ subm ission 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 po rtion 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), st ates that the Miss issippi Commission on Environmental Quality shall have powers and dutie s to issue and supervis e enforcement orders. SIP Appendix A-9, Section 49-17-28, states th e 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 Missi ssippi State Constitution and of the Mississippi Code are substantially equivalent to the requ irements of the Federal Program by providing for

unbiased decisions of the Commission on all ma tters, including final decisions on permits, and the disclosure of any potentia l conflicts of interest.

SIP Appendix A-11, Article 4, Section 109 of the Mississippi Constitutio n provides “No public officer or member of the legislatur e shall be interested, directly or indirectly, in any contract with the state, or any district, count y, 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 af ter the expiration of such term.” Simply being a

commission member constitutes a violation of C onstitutional Section 109 regardless of voting or not voting if the interest being voted on is a cont ract prohibited by the provision. Thus, there can

be no Commission member with a ny interest in a governmental c ontract with the agency.

In addition to the Constitutional prohibition, Mississipp i 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 adva ntage to the beneficiary, including any gain or advantage to a third person purs uant to the desire or consent of the beneficiary.

(c) “Business” means any corporation, pa rtnership, sole proprietorship, firm, enterprise, franchise, association, organization, holding company, selfemployed individual, joint-stock comp any, receivership, trust or other legal entity or undertaking orga nized for economic gain, a nonprofit corporation or other such entity, association or or ganization 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 rela tive derives more than Two Thousand Five Hundred Dollars ($2,500.00) in a nnual income or over which such public servant or his rela tive 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, in cluding, but not limited to:

(v) Any department, agency, board, commission, institution, instrumentality, or legislative or administrative body of the state, counties or municipa lities created by statute,

ordinance or executive order in cluding all units that expend public funds.

(h) “Governmental entity” means the state, a county, a municipality or any other separate political subdivision author ized by law to exercise a part of the sovereign power of the state.

(l) “Pecuniary benefit” means benef it in the form of money, property, commercial interests or anything else the primary significance of which is economic gain. Expenses associated w ith 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, di rector, commissioner, supervisor, chief, head, agent or employee of the government or any agency thereof, or of any public enti ty created by or under the laws

of the State of Mi ssissippi 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 ou t 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 offi cial position to obtain, or attempt to obtain, pecuniary benefit for himsel f 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 whic h 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 offici al 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 ar e made public by the required filing of a statement of economic interest pursuant to SIP Appendix A-10 Missis sippi 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, co mmission or agency, including the Mississippi Ethics Commission, char ged with the administration or expenditure of public funds, with th e exception of advisory boards or commissions; provided, however, in order to fulfill the legislative purposes of this chapter, the co mmission 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 statut es has been addressed by the Mississippi Ethics Commission in SIP Appendi x 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 performa nce of their official duties entirely separate and distinct from any private intere sts. In order for the private interests to remain separate and distinct, public se rvants 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 o fficially or unofficia lly taking part or action regarding the subject matter and l eaves 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 vot e on or take part in a matter concerning regulations or li censing restrictions that w ould affect the pecuniary

interest and/or benefit of the commissi on 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 convinci ng 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 se rvant be removed from office.

(2) Upon a finding by clear and convinci ng evidence that any nonelected public servant has violated any provisi on of this articl e, the commission may censure the nonelected public servan t or impose a civil fine of not

more than Ten Thousand Dollars ($10,000.00), or both. The commission may further recommend to the Circui t Court for Hinds County that the nonelected public servant be removed fr om 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 Boar d 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 stat ement of economic intere st 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 Di rector, the Mississippi Commission on Environmental Qua lity, 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 a ny potential conflict s of interest.

(iii) necessary assurances that, where the State has relied on a local or regional government, agency, or instrumentality for the implementa tion of any plan pr ovision, the State has responsibility for ensuring adequate im plementation 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 re ly on a local regional government, agency, or instrumentality for the implement ation of any plan provision.

Section 110(a)(2)(F)

Require, as may be prescrib ed by the Administrator—

(i) the installation, maintenance, and replacemen t 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 equipmen t 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, Sec tion 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 repor ts 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 examin e and copy any such records or memoranda pertaining to the operation of such contaminan t 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 operati on of air contaminatio n sources shall be submitted to the Permit Board as required by the permit or upon request.

Section 110(a)(2)(G)

Provide for authority com parable 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 Di rector 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 su ch 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 excessi ve buildup of air polluta nts 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 ta ke account of revisions of such national primary or secondary ambient air quality standard or the av ailability of improved or more expeditious methods of attaining such standard, and (ii) except as provided in paragraph (3)(C), when ever 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 st andard which it implements or to otherwise comply with any additional requirements establ ished under this chapter.

(i) SIP Appendix A-9, Section 49-17-17(h) provid es 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) provid es 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 ar ea designated as a nonattainment area, meet the applicable requirements of part D of this s ubchapter (relating to nonattainment areas).

Currently, Mississippi is in attain ment with the nitrog en 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 statutor y 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 (r elating to consultation), section 127 of this title (relating to public notificati on), 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 imple mentation plans (such as SIP Appendix R) provide for continue d 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 contract s, grants, and cooperative agreem ents with any federal or state agency or subdivision thereof.

MDEQ has public notice mechanisms in place to notif y the public of nitrogen dioxide. Certain regulatory actions may also be published in news papers and/or public hearings. SIP Section APC-S-3 requires that MDEQ notif y 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 app licable 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 qua lity 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 rela ted to such air quality modeling to the

Administrator.

SIP Sections APC-S-2, V.B. and APC-S-5 require that air m odeling be conducted to determine permit applicability.

Section 110(a)(2)(L)

Require the owner or operator of each major stationary sour ce to pay to the permitting authority, as a condition of any permit required under this chapt er, a fee suffici ent to cover—

(i) the reasonable costs of reviewing and acti ng upon any application for such a permit, and (ii) if the owner or operator receives a perm it 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 re spect 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 partici pation by local political subdivi sions 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 subd ivisions in the State. SIP Appendix A-9, Section 49-17-19(b) requires the Commission to conduct public hearings in accordance w ith EPA regulations prior to establishing, amending, or repea ling 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 duri ng 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.1E0Sr4,.UNITEDSTATESENVIRONMENTALPROTECTIONAGENCYzREGION4ATLANTAFEDERALCENTER461FORSYTHSTREETpRosATLANTA,GEORGIA30303-8960FEB222Q13SLMsMayaRao,Director/AirDivisionOfficeofPollutionControlMississippiDepartmentofEnvironmentalQualityP.O.Box2261Jackson,Mississippi39225-2261DearMs.Rao:ThankyouforyourJanuary22,2013,submittaltransmittingaprehearingpackageaddressingMississippi’sStateImplementationPlan(SIP)compliancewiththerequirementsofsection110(a)(1)and(2)oftheCleanAirActregardingimplementationofthe2010NitrogenDioxidenationalambientairqualitystandard.ThisSIPsubmittalisthesubjectofapubliccommentperiodwhichbeganonJanuary23,2013,withwrittencommentsduebythecloseofbusinessonFebruary22,2013.EPAhascompleteditsreviewandofferstheenclosedcommentsforyourreviewandconsideration.Weappreciateyourtransmittalofthispackageforourconsideration.Ifyouhaveanyquestions,pleasecontactMs.LynoraeBenjamin,Chief,RegulatoryDevelopmentSectionat(404)562-9040orhaveyourstaffcontactMs.TwunjalaBradleyat(404)562-9352.Sincerely,R.ScottDavisChiefAirPlanningBranchEnclosureInternetAddress(URL)•http://www.epa.govRecycled/Recyclable•PrintedwithVegetableOilBasedInksonRecycledPaper(MInimum30%Postconsumer)Enclosure—EPACommentsonMississippiNitrogenDioxide(N02)11O(a)(1)&(2)InfrastructureSIPPrehearing•Withregardsto110(a)(2)(B),itissuggestedthatMississippiincludethefollowingstatementregardingtheState’sNO2monitoringstrategy:“AsofthedateofthisinfrastructuresubmittalthedevelopmentoftheNO2monitoringnetworkisongoing;thereforeMississippi’sNO2monitoringstrategywillbeestablishedpertherequirementssetforthinthe2012andanysubsequentAnnualMonitoringNetworkplanrelevanttothedevelopmentoftheState’sNO2monitoringnetwork.”•For110(a)(2)(C),(D)(i)and(J)itissuggestedthatMississippiremainconsistentwhenaddressingcompliancepreventionofsignificantdeteriorationandvisibilitycomponentsoftheseelementsincludingdocumentationofrelevantregulations,statuesandstatements.•Asareminder,statesarenotrequiredtoaddressthesection110(a)(2)(I)infrastructurerequirementsrelatedtothenonattainmentplanningrequirementsofpartD,TitleIoftheCAA.Thiselementisnotgovernedbythethreeyearsubmissiondeadlineofsection110(a)(1)butrathersection172.

# State of Mississippi 2010 Nitrogen Dioxide Infrastructure SIP, Final February 28, 2013 

# Public participation for Mississippi 2010 Ni trogen Dioxide Infrastructure SIP for CAA requirements

Public participation for the above referen ced 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 w ith 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 Mi ssissippi. 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 citi es and at the Missi ssippi Department of Environmental Quality, 515 E. Amite St., J ackson, 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 Miss issippi Commission on Environmen tal 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 N itrogen Dioxide as promulgated by the U.S. Environmental Protection Agency (EPA).

Copies of the draft certification may be obtained by writing or calling Joa nne Rials at the address and telephone number listed above . The draft certificati on information is also available for public review from Wednesday, January 23, 2013, th rough 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 certi fication information may be fo und on the Mississippi Department of Environmental Quality’s website at http://w ww.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 Comm ission’s address shown above, no later than 5:00 p.m. on Friday, February 22, 2013. All comments received by this da te 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 dr aft certification.

Please bring the foregoing to the attention of persons whom you know will be interested.PublicNoticeMississippiCommissiononEnvironmentalQualityP.O.8ox2261Jackson,MS39225iTelephoneNo.(601)961-¶5171PublicNoticeStartDate:January23.2O13MDEOContactJerryBeasleyDeaduneforCommentFebruary22,2013PleasetakenotethattheMisslsspiCommissiononEnvironmentalQuality(CommIssioflisprovidingdraftInformatiOnforcommentregardingtheMississippiCertificationthattheStateImplementationPlanfortheControlotAirPollutionisadequatetocomplywiththerequirementsofSection110(a)(1)and(2)oftheFederalCleanAirActasitpertainstotheNationalAmbientAirQualityStandardsforNitrogenDioxideaspromulgatedbytheU.S.EnvironmentalProtectionAgency(EPA).CopiesofthedraftcertificationmaybeobtainedbywritingorcallingJoanneRialsattheaddressandtelephonenumberlistedabove.ThedraftcertificationInformationIsalsoavailableforpublicreviewfromWednesday,January23,2013.throughFriday,February22,2013,atthemainbranchofpubliclibrariesincitiesofGutfport,Jackson,andTupelo.ForthosepersonswithInternetaccess,thedraftcertificationInformationmaybefoundontheMississippiDepartmentofEnvIronmentalQuality’swebsiteathttp:fIwww.deg.state.mS.Usb’dicldngonPrograms;AirQuality;NewInformation.PersonswishingtocommentonthedraftcertificationareinvitedtosubmitcommentsinwntingtoJerryBeasleyattheCommission’saddressshownabove,nolaterthan6:00p.m.onFriday.February22,2013.AllcommentsreceivedbythisdatewillbeconsideredInpreparationofthefinalsubmissionofthecertificationinformationtoEPA.ApublichearingmaybeheldittheCommissionfindsasignificantdegreeofpublicinterestinthedraftcertification.Pleasebringtheforegoingtotheattentionofpersonswhomyouknowwillbeinterested.January23,2013—o2ss42?u21-orPROOFOFPUBLICATIONTHESTATEOFMISSISSIPPIHINDSCOUNTYPERSONALLYappearedbeforeme,theundersignednotarypublicinandforHindsCounty,Mississippi,PASTEPROOFHEREC58849MSDEPT.OFENV.QUALITY,02004276272010N02InfrastructureSIPCertificatioANNMIDDEKEanauthorizedclerkofTHECLARION-LEDGER,anewspaperasdefinedandprescribedinSections13-3-31and13-3-32,oftheMississippiCodeof1972,asamended,who,beingdulysworn,statesthatthenotice,atruecopyofwhichisheretoattached,appearedintheissuesofsaidnewspaperasfollows:1/23/2013Size:322words/1.00col.x87.00linesPublished:1time(s)Total;$52.14Signed-.4L—-AuthorizedClerkofTheClarion-LedgerSWORNtoandsubscribedbeforemeon1/23/2013.NotaryPublicRICKTYLERNotaryPublicStateofMississippiatLarge.BondedthruNotaryPubliàUnderwriters(SEAL)::*::NOTARYPUBUc::CommisslasExpiresiJune2g.2016•1‘PublicNoticeMississippiCommissionOflEnvironmentalQualitypO.Box226lJackson,MS39225TelephoneNo.(60January23,2013MDEQCOfltaJerTYBe55teYbeadlirreforCommentFebruaiy22,2013PleasetakenotethattheMIssldsippiCommissiononEnvironmentalQualityeCommtssicrn9isprovidingdraftInformationforcommentregardtngtheMississippiCertifl.caflonthatthsStatern•plementakonPlanforthe•ConbolofAirPofluonisadequatetocomplywiththerequirementsofSection110(a)(1)end(2)oftheFade.ratCleanAirActasttpertainstotheNationalAmbientAirQualityStandardsforNitrogenProvideaspromulgatedbytheliLS.EnvironmentalProtectionAgency(EPA),Copiesofthedraftcertifl.cationmaybeobtainedbyWritingorcatlingJoanneRlalsattheaddressendtelephonenumberlistedabove,ThedraftcertificationinformationIselseavailableforpublicreviewfromWednesday,Janeery23,2013,throughFriday,February22,2013,atthemainbranchofpubliclibraneaInvillasofGulfport,Jackson,andTupelo.Forthosepersonswithinternetaccess,thedraft,certificationinformationmaybefoundontheMississippiDeparirnentofEnvironmentalQualityswebsiteathttpIIwww.deq,st,a.rna.usbyclickingonPrograms;AirQuality;NewInformation.PersonsWiahitigto000rmentonthedraftcerfiticeftofloaxeInvitedtosubmitcommentsInwritingtoJenySeasleyattheCommamorsaddresashoweabove,nolaterthan&OOp.rnonFriday.February22,2013.AacornmenlsrecervedbythlsdatewifibeconsideredInpreparationofthefinalsubmissionofthecertificationInformationtoEPA’ApublichearingmaybeheldIftheCommissionfindsasignificantdegreeofpublicInterestInthedraftcertification.PleasebnngtheforegoingtotheettentionotpersonswhomyouknowwillbeIntlirasted.ADV23,IWED1508320 PROOF

OF PUBLICATION STATE

OF MISSISSIPPI COUNTY

OF HARRISON Before

me,

The undersigned

Notary

of Harrison County, Mississippi personally appeared who, being

by me first duly sworn,

did depose

and say that she

is

a 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 ____________day

of ci3r

3 A.D.,20j00-0’,O••a,.•a,•c00‘sa030 ::‘‘aO0ettO,a0“Ot00Oa0°°

/

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

to comply

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 final submission

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. STATE

OF MISSISSIPPI, LEE COUNTY:‘ Personally appeared

before

me,

DIANNE

P POWELL

Notary Public, in arid
for said County

and State,

H. CLAY FOSTER,

JR., Publisher

of

a newspaper

printed

and published

in the City

of Tupelo,

Lee County, Mississippi,

called

The Northeast Mississippi

Daily Journal”-who

being
duly sworn, deposes

and says that

the publication of

a certain notice,

a true copy

of which

is hereunto attached,

has been made

in said newspaper

for 

# _L. weeks consecutively

to-wit: Vol,I 3 _.No.



# c2tV Date’Ei..-W

20J___________ Vol.. No._______ Date__________

20________________ Vol. .No.______ Date___________

20 Vol.. No._______ Date_____________

20_ Vol. .No.______

Date

_20_ Vol.

,.

20_ Witness

my hand

and seal this

c 23

day My Commission‘: ,D632O1.-?OWLi,•do“00

7, i,”,: 0 CO\”°”