MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

"AIR EMISSION REGULATIONS FOR THE PREVENTION, ABATEMENT, AND 

CONTROL OF AIR CONTAMINANTS" 

APC-S-1 

Proposed Amendments

Public Hearing Date: October 13, 2010
APC-S-1, Proposed Amendments, September 13, 2010 

ii

APC-S-1 

TABLE OF CONTENTS 

SECTION 1: GENERAL ...............................................................................................PAGE 1 

SECTION 2: DEFINITIONS.........................................................................................PAGE 1 

SECTION 3: SPECIFIC CRITERIA FOR SOURCES OF PARTICULATE MATTER

...........................................................................................................................................PAGE 5 

SECTION 4: SPECIFIC CRITERIA FOR SOURCES OF SULFUR COMPOUNDS 

...........................................................................................................................................PAGE 10 

SECTION 5: SPECIFIC CRITERIA FOR SOURCES OF CHEMICAL EMISSIONS 

...........................................................................................................................................PAGE 15 

SECTION 6: NEW SOURCES......................................................................................PAGE 15 

SECTION 7: EXCEPTIONS .........................................................................................PAGE 17 

SECTION 8: PROVISIONS FOR HAZARDOUS AIR POLLUTANTS..................PAGE 17 

SECTION 9: STACK HEIGHT CONSIDERATIONS...............................................PAGE 18 

SECTION 10: PROVISIONS FOR UPSETS, STARTUPS, AND SHUTDOWNS 

...........................................................................................................................................PAGE 23 

SECTION 11: SEVERABILITY ...................................................................................PAGE 25 

SECTION 12: PROVISIONS FOR EXISTING HOSPITAL/MEDICAL/INFECTIOUS 

 WASTE INCINERATORS ...........................................................................................PAGE 26 

SECTION 13: PROVISIONS FOR EXISTING COMMERCIAL AND INDUSTRIAL 

SOLID WASTE INCINERATION UNITS ..................................................................PAGE 61 

SECTION 14: PROVISIONS FOR THE CLEAN AIR INTERSTATE RULE .......PAGE 66 
APC-S-1, Proposed Amendments, September 13, 2010 

1

MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

AIR EMISSION REGULATIONS FOR THE PREVENTION, ABATEMENT, 

AND CONTROL OF AIR CONTAMINANTS 

APC-S-1 

Proposed Amendments

SECTION 1. GENERAL

1. Authority. Pursuant to the authority granted by Miss. Code Ann. 49-17-17, the 

following regulations are adopted for the purpose of preventing, abating, and 

controlling air pollution caused by air contaminants being discharged into the 

atmosphere as particulates, smoke, fly ash, solvents, and other chemicals or 

combinations thereof. 

2. Except as otherwise noted herein, stack emissions testing for demonstration of 

compliance with the regulations herein may be performed in accordance with the 

Test Methods of the U. S. Environmental Protection Agency in place at the time 

testing is performed or as otherwise approved by the staff of the Mississippi Office 

of Pollution Control and the U. S. Environmental Protection Agency. 

Notwithstanding this or any other provision in these or any other regulations, the 

owner or operator may use any credible evidence or information relevant to whether 

a source would have been in compliance with applicable requirements if the 

appropriate performance or compliance test had been performed, for the purpose of 

submitting compliance certifications. 

Notwithstanding any other provision in these or any other air pollution control 

regulations, any credible evidence or information relevant to whether a source would 

have been in compliance with applicable requirements if the appropriate performance 

or compliance test had been performed, can be used to establish whether or not a 

person has violated or is in violation of any standard or applicable requirement. 

3. In the event of a conflict between any of the requirements of these regulations and/or 

applicable requirements of any other regulation or law, the more stringent 

requirements shall be applied. 

SECTION 2. DEFINITIONS

The terms used in the regulations shall, unless the context otherwise requires, have the 

following meanings: 

 1. "Air cleaning device." Any method, process or equipment which removes, reduces 

or renders less noxious air contaminants discharged into the atmosphere. This term 

is synonymous with air pollution control device. 
APC-S-1, Proposed Amendments, September 13, 2010 

2

 2. "Air contaminant." Particulate matter, dust, fumes, gas, mist, smoke, or vapor, or 

any combination thereof produced by processes other than natural. 

 3. "Air contamination." The presence in the outdoor ambient air of one or more air 

contaminants which contribute to a condition of air pollution. 

 4. "Air contamination source." Any source at, from, or by reason of which there is 

emitted into the ambient air any air contaminant, regardless of who the person may 

be who owns or operates the building, premises, or other property in, at, or on which 

such source is located, or the facility, equipment or other property by which the 

emission is caused or from which the emission comes. 

 5. "Air contaminant point source." Any single point of emissions of any air 

contaminant such as from an individual machine or combustion device. 

 6. "Air pollution." The presence in the outdoor ambient air of one or more air 

contaminants in quantities, of characteristic, and of a duration which are materially 

injurious or can be reasonably expected to become materially injurious to human, 

plant, or animal life or to property, or which unreasonably interfere with enjoyment 

of life or use of property throughout the State or throughout such area of the State as 

shall be affected thereby. 

 7. "Ambient air." The encompassing atmosphere existing in the matter of space and to 

which life of this earth is adapted. For the purposes of these regulations, that portion 

of the atmosphere outside of buildings, stacks, and ducts. 

 8. "Atmosphere." The air that envelopes or surrounds the earth. This term is 

synonymous with ambient air. 

 9. "Commission." The Mississippi Commission on Environmental Quality. 

10. "Excess (or excessive) emission." The operation of a facility in which the emission 

of one or more pollutants exceeds the applicable limit(s). 

11. "Fly ash." Particulate matter capable of being gasborne or airborne or carried in the 

gas stream and consisting essentially of ash, fused ash, and/or unburned material. 

12. "Ground level." Unless otherwise specified in sampling techniques, will be 

considered to be in the range of one to twenty (20) feet of ground level. For ambient 

sampling, it shall also be outside the boundaries of the property which contains the 

air pollution source. 

13. "Incinerator." A combustion device specifically designed for the destruction by high 

temperature burning of solid, semi-solid, liquid or gaseous combustible wastes and 

from which the solid residues contain little or no combustibles. 
APC-S-1, Proposed Amendments, September 13, 2010 

3

14. "Modification." Any physical change in, or change in the method of operation of, an 

affected facility which increases the amount of any air pollutant emitted by such 

facility or which results in the emission of any air pollutant not previously emitted, 

except that: 

(1) Routine maintenance, repair and replacement shall not be considered 

physical changes, and 

(2) An increase in the production rate or hours of operation shall not be 

considered a change in the method of operation, unless it is 

prohibited by a permit. 

15. "Multiple chamber incinerator." Any article, machine, equipment, contrivance, 

structure, or any part thereof used to dispose of combustible refuse by burning, which 

consists of three or more refractory walls, interconnected by gas passage points or 

ducts and employing adequate design parameters necessary for maximum 

combustion of the material to be burned. 

16. "Opacity." The degree to which emissions reduce the transmission of light and 

obscure the background. 

17. "Open burning." The combustion of solid waste without (1) control of combustion 

air to maintain adequate temperature for efficient combustion, (2) containment of the 

combustion reaction in an enclosed device to provide sufficient residence time and 

mixing for complete combustion, and (3) control of the emission of the combustion 

products. 

18. "Ozone Action Day." A day(s) occurring between March 1 and October 31 of each 

year which the Executive Director has designated as being conducive to high rates of 

ozone formation for a named county(ies) among DeSoto, Hancock, Harrison, and 

Jackson Counties. 

19. "Particulate matter." Any airborne finely divided solid or liquid material with an 

aerodynamic diameter smaller than 100 micrometers. 

20. "Particulate matter emissions." All finely divided solid or liquid material, other than 

uncombined water, emitted to the ambient air as measured by an applicable EPA Test 

Method, an equivalent or alternative method specified by the EPA, or by a test 

method specified in the approved State Implementation Plan. 

21. "Person." The State or other agency, or institution thereof, any municipality, 

political subdivision, public or private corporation, individual, partnership, 

association, or other entity, and includes any officer or governing or managing body 

of any municipality, political subdivision, or public or private corporation, or the 

United States or any officer or employee thereof. 

22. "PM2.5" Particulate matter with an aerodynamic diameter less than or equal to a 

nominal 2.5 micrometers as measured by a reference method based on Appendix L of 
APC-S-1, Proposed Amendments, September 13, 2010 

4

40 CFR 50 and designated in accordance with 40 CFR 53 or by an equivalent method 

designated in accordance with 40 CFR Part 53. 

23. "PM2.5 emissions." Finely divided solid or liquid material, with an aerodynamic 

diameter less than or equal to a nominal 2.5 micrometers, emitted to the ambient air 

as measured by an applicable EPA Test Method, an equivalent or alternate method 

specified by the EPA, or by a test method specified in the approved State 

Implementation Plan. 

24. "PM10." Particulate matter with an aerodynamic diameter less than or equal to a 

nominal 10 micrometers as measured by a reference method based on Appendix J of 

40 CFR 50 and designated in accordance with 40 CFR 53 or by an equivalent method 

designated in accordance with 40 CFR Part 53. 

25. "PM10 emissions." Finely divided solid or liquid material, with an aerodynamic 

diameter less than or equal to a nominal 10 micrometers, emitted to the ambient air 

as measured by an applicable EPA Test Method, an equivalent or alternate method 

specified by the EPA, or by a test method specified in the approved State 

Implementation Plan. 

26. "Process weight." The total weight of all materials introduced into a source 

operation including solid fuels and water. Excluded materials are as follows: Liquids 

and gases used solely as fuels or as a means of conveyance, liquids used as a 

pollutant removal medium, recycled process materials counted at initial introduction, 

and air introduced for purposes of combustion. 

27. "Recreational area." Recreational area means: 

a. a national, state, county, or city designated park; or 

b. an outdoor recreational area, such as a golf course or swimming pool, owned 

by a city, county, or other public agency. 

28. "Residential area." Residential area means: 

a. a group of 20 or more single family dwelling units on contiguous property 

and having an average density of two or more units per acre, or 

b. a group of 40 or more single family dwelling units on contiguous property 

and having an average density of one or more units per acre, or 

c. a subdivision containing at least 20 constructed houses, in which the 

subdivision plat is recorded in the chancery clerk's office of the appropriate 

county. 

29. "Shutdown." The termination of operation of equipment. Relative to fuel-burning 

equipment, a shutdown shall be construed to occur only when a unit is taken from a 

fired to a non-fired state. 
APC-S-1, Proposed Amendments, September 13, 2010 

5

30. "Smoke." Small gasborne particles resulting from incomplete combustion and 

consisting predominantly, but not exclusively, of carbon, ash, and other combustible 

material. 

31. "Soot." Aggregated particles consisting mainly of carbonaceous material. 

32. "Soot blowing." The removal by mechanical means of accumulated carbon and/or 

ash from heat transfer surfaces of an operating fuel-burning unit. 

33. "Standard conditions." Standard conditions for gas measurement and calculation will 

be a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square 

inch absolute except where set by Applicable Rules and Regulations. 

34. "Startup." The bringing into operation from a non-operative condition. Relative to 

fuel-burning equipment, a startup shall be construed to occur only when a unit is 

taken from a non-fired to a fired state. 

35. "Total reduced sulfur, (TRS)" means hydrogen sulfide, mercaptans, dimethyl sulfide, 

and any other organic sulfides present. 

36. "Total suspended particulate." Particulate matter as measured by the method 

described in Appendix B of 40 CFR 50. 

37. "Upset." An unexpected and unplanned condition of operation of the facility in 

which equipment operates outside of the normal and planned parameters. An upset 

shall not include a condition of operation caused by improperly designed equipment, 

lack of preventive maintenance, careless or improper operation, operator error, or an 

intentional startup or shutdown of equipment. 

SECTION 3. SPECIFIC CRITERIA FOR SOURCES OF PARTICULATE MATTER

1. Smoke 

(a) No person shall cause, permit, or allow the emission of smoke from a point 

source into the open air from any manufacturing, industrial, commercial or 

waste disposal process which exceeds forty (40) percent opacity subject to 

the exceptions provided in (b) & (c). 

(b) Startup operations may produce emissions which exceed 40% opacity for up 

to fifteen (15) minutes per startup in any one hour and not to exceed three (3) 

startups per stack in any twenty-four (24) hour period. 

(c) Emissions resulting from soot blowing operations shall be permitted provided 

such emissions do not exceed 60 percent opacity, and provided further that 

the aggregate duration of such emissions during any twenty-four (24) hour 

period does not exceed ten (10) minutes per billion BTU gross heating value 

of fuel in any one hour. 
APC-S-1, Proposed Amendments, September 13, 2010 

6

2. Equivalent Opacity. No person shall cause, allow, or permit the discharge into the 

ambient air from any point source or emissions, any air contaminant of such opacity 

as to obscure an observer's view to a degree in excess of 40% opacity, equivalent to 

that provided in Section 3.1(a). This shall not apply to vision obscuration caused by 

uncombined water droplets. 

3. General Nuisances. No person shall cause, permit, or allow the emission of particles, 

or any contaminants in sufficient amounts or of such duration from any process as to 

be injurious to humans, animals, plants, or property, or to be a public nuisance, or 

create a condition of air pollution. 

(a) No person shall cause or permit the handling or transporting or storage of any 

material in a manner which allows or may allow unnecessary amounts of 

particulate matter to become airborne. 

(b) When dust, fumes, gases, mist, odorous matter, vapors, or any combination 

thereof escape from a building or equipment in such a manner and amount as 

to cause a nuisance to property other than that from which it originated or to 

violate any other provision of this regulation, the Commission may order 

such corrected in a way that all air and gases or air and gasborne material 

leaving the building or equipment are controlled or removed prior to 

discharge to the open air. 

4. Fuel Burning 

(a) Fossil Fuel Burning. The maximum permissible emission of ash and/or 

particulate matter from fossil fuel burning installations shall be limited as 

follows: 

(1) Emissions from installations of less than 10 million BTU per hour 

heat input shall not exceed 0.6 pounds per million BTU per hour heat 

input. 

(2) Emissions from installations equal to or greater than 10 million BTU 

per hour heat input but less than 10,000 million BTU per hour heat 

input shall not exceed an emission rate as determined by the 

relationship 

E = 0.8808 * I-0.1667

where E is the emission rate in pounds per million BTU per hour heat 

input and I is the heat input in millions of BTU per hour. 

(3) Emissions from installations equal to or greater than 10,000 million 

BTU per hour heat input shall not exceed 0.19 pounds per million 

BTU per hour heat input. 
APC-S-1, Proposed Amendments, September 13, 2010 

7

(b) Combination Boilers. Fuel burning operations utilizing a mixture of 

combustibles such as, but not limited to, fossil fuels plus bark, oil plus bark, 

or spent wood, or water treatment by-products sludge, to produce steam or 

heat water or any other heat transfer medium through indirect means may be 

allowed emission rates up to 0.30 grains per standard dry cubic foot. 

5. Kraft Process Recovery Boilers. The emissions of particulate matter from a recovery 

furnace stack shall not exceed four (4) pounds per ton of equivalent air-dried Kraft 

pulp produced at any given time. 

6. Manufacturing Processes. 

(a) General. Except as otherwise specified, no person shall cause, permit, or 

allow the emission of particulate matter in total quantities in any one hour 

from any manufacturing process, which includes any associated stacks, vents, 

outlets, or combination thereof, to exceed the amount determined by the 

relationship 

E = 4.1 p 0.67

where E is the emission rate in pounds per hour and p is the process weight 

input rate in tons per hour. 

Conveyor discharge of coarse solid matter may be allowed if no nuisance is 

created beyond the property boundary where the discharge occurs. 

(b) Kraft Pulping Mills. All mills existing prior to January 25, 1972, and not 

modified subsequent thereto shall comply with the following emission limits: 

(1) Recovery Furnaces. The emission of particulate matter from 

recovery furnace stacks shall not exceed four pounds per ton of 

equivalent air-dried Kraft pulp. 

(2) Lime Kilns. The emission of particulate matter from lime kilns shall 

not exceed one pound per ton of equivalent air-dried Kraft pulp. 

(3) Smelt Tanks. The emission of particulate matter from smelt tanks 

shall not exceed one-half pound per ton of equivalent air-dried Kraft 

pulp. 

7. Open Burning. The open burning of residential, commercial, institutional, or 

industrial solid waste, is prohibited. This prohibition does not apply to infrequent 

burning of agricultural wastes in the field, silvicultural wastes for forest management 

purposes, land-clearing debris, debris from emergency clean-up operations, and 

ordnance; and permitted open burning at hazardous waste disposal facilities subject 

to regulation under Subtitle C of the Federal Resource Conservation and Recovery 

Act (RCRA). 
APC-S-1, Proposed Amendments, September 13, 2010 

8

(a) Fires set for the burning of agricultural wastes in the field and/or silvicultural 

wastes for forest management purposes must meet the following conditions. 

(1) A Permit must be obtained from the Mississippi Forestry 

Commission. 

(2) The open burning must occur within a time period allowing adequate 

diffusion of air pollutants as defined by the permit and the daily 

weather guides issued by the National Weather Forecast Office. 

(3) Starter or auxiliary fuels may consist of dried vegetation, petroleum 

derived fuels of the gasoline, kerosene, or light fuel oil types (diesel), 

or a combination thereof. Use of or burning of other combustible 

material that causes excessive visible emission (e.g., rubber tires, 

plastic materials, etc.) is prohibited. 

(b) Open burning of land-clearing debris must not use starter or auxiliary fuels 

which cause excessive smoke (rubber tires, plastics, etc.); must not be 

performed if prohibited by local ordinances; must not cause a traffic hazard; 

must not take place where there is a High Fire Danger Alert declared by the 

Mississippi Forestry Commission or Emergency Air Pollution Episode Alert 

imposed by the Executive Director and must meet the following buffer zones. 

(1) Open burning without a forced-draft air system must not occur within 

500 yards of an occupied dwelling. 

(2) Open burning utilizing a forced-draft air system on all fires to 

improve the combustion rate and reduce smoke may be done within 

500 yards of but not within 50 yards of an occupied dwelling. 

(3) Burning must not occur within 500 yards of commercial airport 

property, private air fields, or marked off-runway aircraft approach 

corridors unless written approval to conduct burning is secured from 

the proper airport authority, owner or operator. 

(c) Permitted open burning at a hazardous waste disposal facility subject to 

regulation under Subtitle C of RCRA is considered a stationary source of air 

pollution subject to Mississippi air emission permitting regulations. 

(d) Ozone Action Days in DeSoto County, Hancock County, Harrison County 

and Jackson County. In DeSoto County, Hancock County, Harrison County, 

or Jackson County, open burning of agricultural wastes and silvicultural 

wastes described in 7(a) above, open burning of land-clearing debris 

described in 7(b) above, and permitted open burning at a hazardous waste 

disposal facility described in 7(c) above are prohibited in said county when 

an Ozone Action Day is declared by the Executive Director for the 

county(ies). Ozone Action Days shall be noticed the evening before on the 

MDEQ website at http://deq.state.ms.us, and/or with local news media. The 
APC-S-1, Proposed Amendments, September 13, 2010 

9

Mississippi Department of Transportation, Mississippi State Forestry 

Commission and local fire officials shall also be notified the evening before 

an Ozone Action Day. 

8. Incineration. 

(a) The maximum discharge of particulate matter from any incinerator, except 

those specified in paragraph (b) or (c) of this section, or those specified in 

Section 6 and Section 12 shall not exceed 0.2 grains per standard dry cubic 

foot of flue gas calculated to twelve percent (12%) carbon dioxide by volume 

for products of combustion. This limitation shall apply when the incinerator 

is operating at design capacity. 

The carbon dioxide produced by combustion of any auxiliary fuels shall be 

excluded from the calculation to twelve percent (12%) carbon dioxide. After 

May 8, 1970, any new equipment shall be of the multiple chamber type or its 

equivalent for emission control. In critical areas where an installation is in 

close proximity to a residential area, an incinerator, except those specified in 

paragraph (b) of this section, or those specified in Section 6 and Section 12, 

shall be limited to emissions of 0.1 grains per standard dry cubic foot of flue 

gases calculated to twelve percent (12%) carbon dioxide by volume for 

products of combustion. 

(b) The maximum discharge of smoke from the incineration of waste material 

resulting totally from the ginning of cotton shall not obscure an observer's 

view to a degree in excess of 40% opacity. 

Start-up operations may produce emissions which exceed 40% opacity for up 

to fifteen minutes per start-up in any one hour not to exceed three (3) startups in any twenty-four (24) hour period. 

After July 1, 1994, the emission limitation specified in paragraph (a) of this 

section shall also be applicable to cotton gin waste incinerators. 

(c) The emission limitation in paragraph (a) above does not apply to 

afterburners, flares, thermal oxidizers, and other similar devices used to 

reduce the emissions of air pollutants from processes. 

9. Sampling Ports. 

(a) New Equipment: The owner or operator of any new air pollution control 

equipment, obtained after May 8, 1970, and vented to the atmosphere, shall 

have necessary sampling ports and ease of accessibility. 

(b) Existing Equipment: The owner or operator of air pollution control 

equipment that is in existence prior to May 8, 1970, shall provide the 

necessary sampling ports and ease of accessibility when deemed necessary 

by the Permit Board. 
APC-S-1, Proposed Amendments, September 13, 2010 

10

10. More Restrictive Emission Limits. The Commission reserves the right to prescribe 

more stringent emission limits as it deems necessary in problem areas. The 

expansion, alteration, or establishment of a new industry may also result in the 

prescription of more stringent emission limits. 

SECTION 4. SPECIFIC CRITERIA FOR SOURCES OF SULFUR COMPOUNDS

1. Sulfur Dioxide Emissions from Fuel Burning 

(a) The maximum discharge of sulfur oxides from any fuel burning installation 

in which the fuel is burned primarily to produce heat or power by indirect 

heat transfer shall not exceed 4.8 pounds (measured as sulfur dioxide) per 

million BTU heat input. 

(b) No person shall cause or permit the burning of fuel in any fuel burning 

equipment that results in an average emission of sulfur dioxide from any 

calendar year at a rate greater than was emitted by said fuel burning 

equipment for the corresponding calendar year 1970 unless otherwise 

authorized by the Commission. Installations under construction on January 

25, 1972, are excluded from this requirement. 

(c) The maximum discharge of sulfur dioxide from any modified fuel burning 

unit whose generation capacity is less than 250 million BTU per hour and in 

which the fuel is burned primarily to produce heat or power by indirect heat 

transfer shall not exceed 2.4 pounds (measured as sulfur dioxide) per million 

BTU heat input. For the purposes of Section 4 of these regulations only, 

"modification" shall mean any physical change in an Air Contaminant Source 

which increases the amount of any air pollutant (to which a standard applies) 

emitted by such source or which results in the emission of any air pollutant 

(to which a standard applies) not previously emitted. 

2. Sulfur Dioxide Emissions from Processes 

(a) Except as otherwise provided herein, no person shall cause or permit the 

emission of gas containing sulfur oxides (measured as sulfur dioxide) in 

excess of 2,000 ppm (volume) from any process equipment in existence on 

January 25, 1972, or in excess of 500 ppm (volume) from any process 

equipment constructed after January 25, 1972. The 500 ppm (volume) 

requirement shall apply for equipment constructed after January 25, 1972 

unless otherwise provided by the Commission. 

(b) Except as otherwise provided in paragraph 2(f)(1), no person shall cause or 

permit the emission of any gas stream which contains hydrogen sulfide in 

excess of one grain per 100 standard cubic feet. 

Gas streams containing hydrogen sulfide in excess of one grain per 100 

standard cubic feet shall be incinerated at temperatures of not less than 
APC-S-1, Proposed Amendments, September 13, 2010 

11

1600o

F for a period of not less than 0.5 seconds, or processed in such manner 

which is equivalent to or more effective for the removal of hydrogen sulfide. 

Sulfur dioxide concentration limitations in the gas streams resulting from 

such incineration or processing shall be determined for each emission point 

on a case-by-case basis to insure that the resulting maximum ground level 

concentration of sulfur dioxide as determined by acceptable method or 

methods will be in compliance with the National Ambient Air Quality 

Standards for sulfur dioxide. Testing to determine the productive capacity of 

new fields shall be exempted from emission limitation provisions of the 

paragraph of the regulation providing such testing has been previously 

negotiated and approved by the Mississippi Office of Pollution Control. 

This regulation shall not apply to sulfur recovery plants. 

(c) No person shall cause or permit acid mist emissions from sulfuric acid 

manufacturing plants to exceed 0.5 pounds/ton of acid produced. Sulfur 

trioxide emissions from sulfuric acid manufacturing plants shall not exceed 

0.2 pounds/ton of acid produced. 

(d) No person shall cause or permit emission of sulfur oxides, calculated as 

sulfur dioxide, from a sulfur recovery plant to exceed 0.12 pounds per pound 

of sulfur processed. 

(e) No person shall cause or permit emissions of sulfur oxides, calculated as 

sulfur dioxide, from primary nonferrous smelters, in excess of the emission 

calculated as follows: 

Copper smelters: Y = 0.2X 

Zinc smelters: Y = 0.564X0.85

Lead smelters: Y = 0.98X0.77

Where X is the total sulfur fed to the smelter in pounds/hour and Y is the 

allowable sulfur emissions in pounds/hour. 

(f) Kraft Pulp Mills 

1. All mills existing prior to November 1, 1987, and not modified 

subsequent thereto, excluding mills or facilities subject to New 

Source Performance Standards, shall control the emission of total 

reduced sulfur compounds (TRS) so as to not exceed the emission 

limits set forth below: 

a. Straight recovery boiler systems - twenty (20) parts per 

million TRS, expressed as hydrogen sulfide on a dry gas basis 

corrected to 8% oxygen, on a 12-hour average basis, except 

that: 
APC-S-1, Proposed Amendments, September 13, 2010 

12

i. the International Paper Company, Vicksburg, 

Mississippi, shall be allowed 40 parts per million 

TRS, expressed as hydrogen sulfide on a dry gas basis 

corrected to 8% oxygen, on a 12-hour average basis, 

ii. the International Paper Company, Natchez, 

Mississippi, Recovery Boilers 4 & 5, shall be allowed 

40 parts per million TRS, expressed as hydrogen 

sulfide on a dry gas basis corrected to 8% oxygen, on 

a 12-hour average basis, and 

iii. the Georgia-Pacific Corporation, Monticello, 

Mississippi, shall be allowed 40 parts per million 

TRS, expressed as hydrogen sulfide on a dry gas basis 

corrected to 8% oxygen, on a 12-hour average basis. 

b. Lime kiln systems - twenty (20) parts per million of TRS, 

expressed as hydrogen sulfide on a dry gas basis corrected to 

10% oxygen, on a 12-hour average basis. 

c. Digester systems - five (5) parts per million of TRS, 

expressed as hydrogen sulfide on a dry gas basis corrected to 

10% oxygen, on a 12-hour average basis. 

d. Multiple effect evaporator systems - five (5) parts per million 

of TRS, expressed as hydrogen sulfide on a dry gas basis 

corrected to 10% oxygen, on a 12-hour average basis. 

e. Condensate stripper systems - five (5) parts per million of 

TRS, expressed as hydrogen sulfide on a dry gas basis 

corrected to 10% oxygen, on a 12-hour average basis. 

f. Smelt dissolving tank - 0.016 gram of TRS, expressed as 

hydrogen sulfide on a dry gas basis, per kilogram of black 

liquor solids (dry weight). 

g. Equivalent control systems (controls for treating collected 

noncondensible gases in a manner equivalent to incineration 

in a lime kiln) - five (5) parts per million TRS, expressed as 

hydrogen sulfide on a dry gas basis, corrected to the actual 

oxygen content of the untreated gas stream, on a 12-hour 

average basis. 

2. All mills, as defined above, shall, by February 1, 1988, demonstrate 

compliance with the TRS emission limits set forth above. 

Compliance demonstration for recovery boilers, lime kilns, smelt 

tanks, and equivalent control systems for collected noncondensible 

gases shall be by testing in accordance with EPA Test Method 16 or 
APC-S-1, Proposed Amendments, September 13, 2010 

13

16A and submittal of a stack test report. Compliance demonstration 

for digester systems, multiple effect evaporator systems and 

condensate stripper systems shall be by certification that these 

systems are fully connected to a noncondensible gas collection 

system followed by incineration in the lime kiln or equivalent control 

and testing of lime kiln or equivalent control as specified above. A 

compliance schedule may be submitted, as set forth below, on any or 

all systems not expected to comply with the emission limit and such 

submittal will negate the requirement for immediate compliance 

demonstration, as referenced above, on those systems. 

Any mill defined above which, on November 1, 1987, is unable to 

comply with the emission limits set forth above, shall, within three 

(3) months thereafter, submit a schedule for attaining compliance 

with these limits. The compliance schedule shall not extend past 

November 1, 1990. Compliance with emission limits shall be 

demonstrated by the methods specified above, as appropriate, no later 

than the end of the compliance schedule. Compliance demonstration 

for recovery boilers, lime kilns, smelt tanks, and equivalent control 

systems for collected noncondensible gases shall be by testing in 

accordance with EPA Test Method 16 or 16A and submittal of a 

stack test report. Compliance demonstration for digester systems, 

multiple effect evaporator systems and condensate stripper systems 

shall be by certification that these systems are fully connected to a 

noncondensible gas collection system followed by incineration in the 

lime kiln or equivalent control and testing of lime kiln or equivalent 

control as specified above. 

3. All mills, as defined above, shall monitor the emission of TRS and/or 

other gas constituents as described below: 

a. The TRS emission concentration in recovery boiler flue gas 

shall be monitored by either: 

i. A continuous monitoring device which meets the 

requirements of 40 CFR 60, Performance 

Specification 5; or 

ii. Performance of EPA Method 16 or 16A on no less 

than a (calendar) quarterly basis. 

b. The oxygen concentration in recovery boiler flue gas shall be 

continuously monitored by a device which meets the 

requirements of 40 CFR 60, Performance Specification 3. 

c. The TRS concentration in lime kiln flue gas shall be 

continuously monitored by a device which meets the 

requirements of 40 CFR 60, Performance Specification 5. 
APC-S-1, Proposed Amendments, September 13, 2010 

14

d. The oxygen concentration in lime kiln flue gas shall be 

continuously monitored by a device which meets the 

requirements of 40 CFR 60, Performance Specification 3. 

All mills, as defined above, shall obtain the necessary continuous 

monitoring equipment and begin monitoring by November 1, 1988, 

or no later than the date of final compliance with the regulation, if 

compliance is not immediate. For mills choosing to use EPA 

Method 16 or 16A for recovery boiler monitoring, the necessary 

equipment and/or monitoring capability must be obtained by 

February 1, 1988. Also, when Method 16 or 16A is used, each 

successive quarter's testing shall be separated from the previous 

quarter's by a period of not less than sixty (60) days and prior notice 

to the Mississippi Office of Pollution Control of all testing shall be 

made. 

All mills, as defined above, shall calculate and record, on a daily 

basis, the 12-hour average TRS concentration and O2 concentration 

for the two consecutive operating periods of each operating day for 

both the recovery boiler (if continuously monitored) and lime kiln. 

Each 12-hour average shall be determined as the arithmetic mean of 

the appropriate 12 continuous 1-hour average concentrations. Each 

12-hour average TRS concentration shall be corrected to 10%, or 8% 

O2, as appropriate to the emission limit, using the equation defined in 

40 CFR 60.284(c)(3). 

All mills, as defined above, shall report, for each calendar quarter, the 

periods of emissions which exceed the TRS limits specified above 

from the recovery boiler and lime kiln. The report shall specify the 

12-hour period of each exceedance by time and date, the average 

emissions concentration for the period, and total number of 12-hour 

periods of mill operation during the quarter. The report shall also 

detail all outages of the monitoring devices by time and date. The 

report shall be due within forty-five (45) days following the end of 

the calendar quarter. 

SECTION 5. SPECIFIC CRITERIA FOR SOURCES OF CHEMICAL EMISSIONS

1. Fluorides. No person shall allow the emission of fluorides into the ambient air in 

excess of four-tenths (0.4) pound per ton of P2O5 or equivalent. The allowable 

emission of fluorides shall be calculated by multiplying the unit emission, specified 

above, times the expressed design production capacity of the installation or plant. 

2. Miscellaneous Chemical Emissions. No person shall cause, permit, or allow the 

emission of toxic, noxious, or deleterious substances, in addition to those considered 

in these regulations, into the ambient air in concentrations sufficient to affect human 

health and well-being, or unreasonably interfere with the enjoyment of property or 
APC-S-1, Proposed Amendments, September 13, 2010 

15

unreasonably and adversely affect plant or animal life beyond the boundaries of the 

property containing the air pollution source. 

SECTION 6. NEW SOURCES

The provisions of this section apply to the owner or operator of any source listed herein, the 

construction or modification of which is commenced after the date of adoption of specific 

emission limitations applicable to such source. 

1. Kraft Pulping Mills. All sources shall minimize gaseous and particulate emission by 

use of modern equipment, devices, maintenance, and operating practices in 

accordance with best current technology. In no case shall emissions exceed the 

limits set forth in any applicable Federal Standard of Performance for New 

Stationary Sources. 

2. Other Limitations. The Mississippi Pollution Control Permit Board, in accordance 

with Commission Regulation APC-S-2, may require more stringent emission 

limitations which it deems necessary to meet applicable national primary and 

secondary ambient air quality standards, necessary to insure that ambient air 

pollution concentrations do not exceed ambient air increments or violate other 

requirements under Federal Prevention of Significant Deterioration (PSD) 

regulations promulgated by the U.S. Environmental Protection Agency as of 

August 23, 1989, pursuant to Section 160 through 169 of the Federal Clean Air Act 

as amended, or necessary to meet other Federal law or regulations enacted or 

promulgated subsequent to this regulation. 

3. New Source Performance Standards. The Federal New Source Performance 

Standards are those duly promulgated by the U.S. Environmental Protection Agency 

in (or to be printed in) 40 C.F.R. Part 60, pursuant to Section 111 of the Federal 

Clean Air Act, as amended, and Consolidated Federal Air Rule provisions duly 

promulgated by the U.S. Environmental Protection Agency in (or to be printed in) 40 

C.F.R Part 65. All such regulations promulgated by the U.S. Environmental 

Protection Agency as of October 3, 2008September 13, 2010, are incorporated herein 

and adopted by reference by the Commission as official regulations of the State of 

Mississippi and shall hereafter be enforceable as such (except the word 

"Administrator" in said standards and general implementing regulations shall be 

replaced by the words "Executive Director" and the word "Agency" shall be replaced 

by the word "Department".) Hereafter, any facility subject to the Federal New 

Source Performance Standards shall comply with the emission limitations and other 

requirements of said standards. 

4. Additional Requirements for Infectious Waste Incineration. 

a. Infectious waste incinerators which incinerate only those wastes generated 

on-site and are installed after December 9, 1993, shall comply with the 

following: 
APC-S-1, Proposed Amendments, September 13, 2010 

16

i. Daily records shall be kept of the times of operation, quantity of 

wastes incinerated and the temperature of the secondary chamber 

which temperature shall be monitored continuously. Records shall be 

maintained on hand for at least two (2) years. 

ii. Only wastes generated on-site may be incinerated. Disposal of 

wastes from off-site shall cause the incinerator to be classified as a 

commercial incinerator and, therefore, subject to the requirements 

applicable to such units. 

b. Commercial Incinerators. For purposes of this regulation, a commercial 

incinerator is any infectious waste incinerator that incinerates wastes other 

than or in addition to wastes generated on-site. A commercial infectious 

waste incinerator installed or modified after December 9, 1993, shall comply 

with the following: 

i. A manifest system, including a detailed description of the waste 

collection and transportation system shall be employed. Daily 

records shall be kept of the times of incinerator operation, quantity of 

wastes incinerated and temperature of the secondary chamber which 

temperature shall be monitored continuously. Records shall be 

maintained on hand for at least two (2) years. 

ii. Notwithstanding the requirements of Section 6.4.b.i and Section 12, 

the Permit Board may in any permit, in accordance with Regulation 

APC-S-2, establish more stringent requirements for emissions, 

operating parameters, monitoring, and recordkeeping subject to the 

provisions of Miss. Code Ann. 49-17-34(2) and (3). 

SECTION 7. EXCEPTIONS

If any single source of emission or combination of sources of emissions is found to 

compromise the ambient air quality in the State, beyond the limitations set forth in any 

national primary and secondary ambient air quality standards now or hereafter established by 

the Administrator of the Environmental Protection Agency pursuant to the Clean Air Act as 

amended December 31, 1970, (Public Law 91-640) notwithstanding compliance with any 

maximum allowable emission rate allowed by this regulation, the Mississippi Commission 

on Environmental Quality may require such further reduction in emission from this or these 

sources as is necessary to obtain compliance with said national primary and secondary 

ambient air quality standards. 

SECTION 8. PROVISIONS FOR HAZARDOUS AIR POLLUTANTS 

1. Hazardous Air Pollutant Emission Standards 

Hazardous air pollutant emission standards are National Emission Standards for 

Hazardous Air Pollutants duly promulgated by the U. S. Environmental Protection 

Agency in (or to be printed in) 40 C.F.R. Part 61 pursuant to Section 112 of the 
APC-S-1, Proposed Amendments, September 13, 2010 

17

Federal Clean Air Act, as amended; National Emission Standards for Hazardous Air 

Pollutants for Source Categories duly promulgated by the U.S. Environmental 

Protection Agency in (or to be printed in) 40 C.F.R. Part 63 pursuant to Section 112 

of the Federal Clean Air Act, as amended; and Consolidated Federal Air Rule 

provisions duly promulgated by the U.S. Environmental Protection Agency in (or to 

be printed in) 40 C.F.R. Part 65. All such regulations promulgated by the U.S. 

Environmental Protection Agency as of October 3, 2008September 13, 2010, are 

incorporated herein and adopted by reference by the Commission as official 

regulations of the State of Mississippi and shall hereafter be enforceable as such 

(except the word "Administrator" in said standards and general implementing 

regulations shall be replaced by the words "Executive Director" and the word 

"Agency" shall be replaced by the word "Department"). Hereafter, any facility 

subject to the National Emission Standards for Hazardous Air Pollutants and/or the 

National Emission Standards for Hazardous Air Pollutants for Source Categories 

shall comply with the emission limitations and other requirements of said standards. 

2. National Emission Standards for Hazardous Air Pollutants; Compliance Extensions 

for Early Reductions. 

The National Emission Standards for Hazardous Air Pollutants: Compliance 

Extensions for Early Reductions are regulations duly promulgated by the U.S. 

Environmental Protection Agency in (or to be printed in) 40 C.F.R. Part 63 pursuant 

to Section 112 of the Federal Clean Air Act, as amended. All such regulations 

promulgated by the U.S. Environmental Protection Agency are incorporated herein 

and adopted by reference by the Commission as official regulations of the State of 

Mississippi and shall hereafter be enforceable as such. 

3. Case by Case Maximum Achievable Control Technology Requirements 

The Mississippi Pollution Control Permit Board, in accordance with Commission 

Regulation APC-S-6, may require emissions limitations necessary to meet case by 

case maximum achievable control technology ("MACT") requirements in accordance 

with Section 112(j) and (g) of the Federal Act. 

4. Mercury Emissions from Electric Utilities. 

Mercury emissions from electric utilities are regulated in accordance with the 

Emission Guidelines for the Control of Mercury Emissions from Coal-Fired Electric 

Steam Generating Units promulgated by the U.S. Environmental Protection Agency 

in 40 CFR Part 60, Subpart HHHH, pursuant to Section 111 of the Federal Clean Air 

Act, as amended. All such regulations duly promulgated by the U.S. Environmental 

Protection Agency as of October 3, 2008, are incorporated herein and adopted by 

reference by the Commission as official regulations of the State of Mississippi and 

shall hereafter be enforceable as such, except for the changes noted in (a) and (b). 

Hereafter, any facility subject to the Federal Emission Guidelines shall comply with 

all applicable requirements of the regulation. 

(a) The phrase "permitting authority" shall mean "Mississippi Environmental 
APC-S-1, Proposed Amendments, September 13, 2010 

18

Quality Permit Board" except when used in the definitions of "Allocate or 

allocation" and "Hg allowance" in 40 CFR 60.4102. 

(b) The permitting authority will allocate mercury allowances in accordance with 

the procedures outlined in 40 CFR 60.4142 and by the dates specified in 40 

CFR 60.4141. 

SECTION 9. STACK HEIGHT CONSIDERATIONS

1. Definitions 

(a) "Emission limitation" and "emission standard." A requirement established 

which limits the quantity, rate, or concentration of emissions of air pollutants 

on a continuous basis, including any requirements which limit the level of 

opacity, prescribe equipment, set fuel specifications, or prescribe operation or 

maintenance procedures for a source to assure continuous emission 

reduction. 

(b) "Stack." Any point in a source designed to emit solids, liquids, or gases into 

the air, including a pipe or duct but not including flares. 

(c) "A stack in existence." The owner or operator had either: 

(1) Begun, or caused to begin, a continuous program of physical on-site 

construction of the stack, or 

(2) Entered into binding agreements or contractual obligations, which 

could not be cancelled or modified without substantial loss to the 

owner or operator, to undertake a program of construction of the 

stack to be completed in a reasonable time. 

(d) "Dispersion technique." Any technique which attempts to affect the 

concentration of a pollutant in the ambient air by using that portion of a stack 

which exceeds good engineering practice stack height, varying the rate of 

emission of a pollutant according to atmospheric conditions or ambient 

concentrations of that pollutant, or increasing final exhaust gas plume rise by 

manipulating source process parameters, exhaust gas parameters, stack 

parameters, or combining exhaust gases from several existing stacks into one 

stack; or other selective handling of exhaust gas streams so as to increase the 

exhaust gas plume rise. The preceding sentence does not include: 

(1) The reheating of a gas stream, following use of a pollution control 

system, for the purpose of returning the gas to the temperature at 

which it was originally discharged from the facility generating the 

gas stream: 

(2) The merging of exhaust gas streams where: 
APC-S-1, Proposed Amendments, September 13, 2010 

19

(i) The source owner or operator demonstrates that the facility 

was originally designed and constructed with such merged 

gas streams; 

(ii) After July 8, 1985, such merging is part of a change in 

operation at the facility that includes the installation of 

pollution controls and is accompanied by a net reduction in 

the allowable emissions of a pollutant. This exclusion from 

the definition of "dispersion techniques" shall apply only to 

the emission limitation for the pollutant affected by such 

change in operation; or 

(iii) Before July 8, 1985, such merging was part of a change in 

operation at the facility that included the installation of 

emissions control equipment or was carried out for sound 

economic or engineering reasons. Where there was an 

increase in the emission limitation or, in the event that no 

emission limitation was in existence prior to the merging, an 

increase in the quantity of pollutants actually emitted prior to 

the merging, the reviewing agency shall presume that 

merging was significantly motivated by an intent to gain 

emissions credit for greater dispersion. Absent a 

demonstration by the source owner or operator that merging 

was not significantly motivated by such intent, the reviewing 

agency shall deny credit for the effects of such merging in 

calculating the allowable emissions for the source; 

(3) The use of smoke management in agricultural or silvicultural 

prescribed burning programs; or 

(4) Episodic restrictions on residential woodburning and open burning; 

or 

(5) Techniques under Paragraph 9.1(d) which increase final exhaust gas 

plume rise where the resulting allowable emissions of sulfur dioxide 

from the facility do not exceed 5,000 tons per year. 

(e) "Good engineering practice (GEP) stack height." The greater of: 

(1) 65 meters measured from the ground-level elevation at the base of the 

stack; 

(2) (i) For stacks in existence on January 12, 1979, and for which 

the owner or operator had obtained all applicable 

preconstruction permits or approvals required, Hg = 2.5 H, 

provided the owner or operator produces evidence that this 

equation was actually relied on in establishing an emission 

limitation; 
APC-S-1, Proposed Amendments, September 13, 2010 

20

(ii) For all other stacks, 

Hg = H + 1.5L, where 

Hg = good engineering practice stack height, 

measured from the ground-level elevation at 

the base of the stack, 

H = height of nearby structure(s) measured from 

the ground-level elevation at the base of the 

stack, and 

L = lesser dimension (height or projected width) 

of nearby structure(s), 

provided that the U. S. Environmental Protection 

Agency or the Commission may require the use of a 

field study or fluid model to verify GEP stack height 

for the source; or 

(3) The height demonstrated by a fluid model or a field study approved 

by the U. S. Environmental Protection Agency or the Commission, 

which ensures that the emissions from a stack do not result in 

excessive concentrations of any air pollutant as a result of 

atmospheric downwash, wakes, or eddy effects created by the source 

itself, nearby structures, or nearby terrain features. 

(f) "Nearby," As used in Paragraph 9.1(e)(2)(ii) is defined for a specific 

structure or terrain feature and means: 

(1) For purposes of applying the formulae provided in 

Paragraph 9.1(e)(2) that distance up to five times the lesser of the 

height or the width dimension of a structure, but not greater than 

0.8 km (1/2 mile), and 

(2) For conducting demonstrations under Paragraph 9.1(e)(3) that 

distance not greater than 0.8 km (1/2 mile), except that the portion of 

a terrain feature may be considered to be nearby which falls within a 

distance of up to 10 times the maximum height (Ht) of the feature, 

not to exceed 2 miles if such feature achieves a height (ht) 0.8 km 

from the stack that is at least 40 percent of the GEP stack height 

determined by the formulae provided in Paragraph 9.1(e)(2)(ii) of this 

part or 26 meters, whichever is greater, as measured from the groundlevel elevation at the base of the stack. The height of the structure or 

terrain feature is measured from the ground-level elevation at the 

base of the stack. 
APC-S-1, Proposed Amendments, September 13, 2010 

21

(g) "Excessive concentration." For the purpose of determining good engineering 

practice stack height under Paragraph 9.1(e)(3), excessive concentration 

means: 

(1) For sources seeking credit for stack height exceeding that established 

under Paragraph 9.1(e)(2), a maximum ground-level concentration 

due to emissions from a stack due in whole or part to downwash, 

wakes, and eddy effects produced by nearby structures or nearby 

terrain features which individually is at least 40 percent in excess of 

the maximum concentration experienced in the absence of such 

downwash, wakes, or eddy effects and which contributes to a total 

concentration due to emissions from all sources that is greater than an 

ambient air quality standard. For sources subject to the Prevention of 

Significant Deterioration program, an excessive concentration 

alternatively means a maximum ground-level concentration due to 

emissions from a stack due in whole or part to downwash, wakes, or 

eddy effects produced by nearby structures or nearby terrain features 

which individually is at least 40 percent in excess of the maximum 

concentration experienced in the absence of such downwash, wakes, 

or eddy effects and greater than a prevention of significant 

deterioration increment. The allowable emission rate to be used in 

making demonstrations under this part shall be prescribed by the new 

source performance standard that is applicable to the source category 

unless the owner or operator demonstrates that this emission rate is 

infeasible. Where such demonstrations are approved by the U. S. 

Environmental Protection Agency or the Commission, an alternative 

emission rate shall be established in consultation with the source 

owner or operator. 

(2) For sources seeking credit after October 11, 1983, for increases in 

existing stack heights up to the heights established under 

Paragraph 9.1(e)(2), either a maximum ground-level concentration 

due in whole or part to downwash, wakes, or eddy effects as provided 

in Paragraph 9.1(g)(1) of this section, except that the emission rate 

specified by the State implementation plan (or, in the absence of such 

a limit, the actual emission rate) shall be used, or the actual presence 

of a local nuisance caused by the existing stack, as determined by the 

Commission, and 

(3) For sources seeking credit after January 12, 1979, for a stack height 

determined under Paragraph 9.1(e)(2) where the U. S. Environmental 

Protection Agency or the Commission requires the use of a field 

study or fluid model to verify GEP stack height, for sources seeking 

stack height credit after November 9, 1984, based on the 

aerodynamic influence of cooling towers, and for sources seeking 

stack height credit after December 31, 1970, based on the 

aerodynamic influence of structures not adequately represented by 

the equations in Paragraph 9.1(e)(2), a maximum ground-level 
APC-S-1, Proposed Amendments, September 13, 2010 

22

concentration due in whole or part to downwash, wakes, or eddy 

effects that is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy 

effects. 

2. Stack Height Effect on Emission Limitations 

(a) The degree of emission limitation required of any source for control of any 

air pollutants shall not be affected by so much of any source's stack height 

that exceeds good engineering practice (GEP) or by any other dispersion 

technique, except as provided in (b) of this paragraph. 

(b) The provisions of Paragraph 9.2(a) shall not apply to stack heights in 

existence, or dispersion techniques implemented, prior to December 31, 

1970, except where pollutants are being emitted from such stacks or using 

such dispersion techniques by sources, as defined in Section 111(a)(3) of the 

Clean Air Act, which were constructed, or reconstructed or for which major 

modifications, as defined pursuant to Section 6, New Sources, were carried 

out after December 31, 1970. 

(c) If any existing source, after appropriate application of the preceding 

limitations and provisions, is found to exceed or potentially exceed an air 

quality standard or increment, as appropriate, when operating within 

previously established emission limitations, the emission limitations 

applicable to that source shall be modified so as to eliminate and prevent the 

exceedance. 

(d) If any new source or source modification, after appropriate application of the 

preceding limitations and provisions, is predicted to exceed an air quality 

standard, or increment, as appropriate, when considered as operating under 

emission limitations consistent with other Applicable Rules and Regulations, 

the emission limitations considered shall be deemed inadequate and different 

emission limits, based on air quality considerations, shall be made applicable. 

(e) If any source provides a field study or fluid modeling demonstration 

proposing a GEP stack height greater than that allowed by 

Paragraph 9.1(e)(1) and (2), then the public will be notified of the availability 

of the study and provided the opportunity for a public hearing before any new 

or revised emission limitation or permit is approved. 

(f) The actual stack height used or proposed by a source shall not be restricted in 

any manner by requirements of this paragraph. 

SECTION 10. PROVISIONS FOR UPSETS, STARTUPS, AND SHUTDOWNS

1. Upsets 
APC-S-1, Proposed Amendments, September 13, 2010 

23

(a) The occurrence of an upset as defined in Section 2 constitutes an affirmative 

defense to an enforcement action brought for noncompliance with emission 

standards or other requirements of Applicable Rules and Regulations or any 

applicable permit if the source demonstrates through properly signed 

contemporaneous operating logs, or other relevant evidence that include 

information as follows: 

(1) an upset occurred and that the source can identify the cause(s) of the 

upset; 

(2) the source was at the time being properly operated; 

(3) during the upset the source took all reasonable steps to minimize 

levels of emissions that exceeded the emission standards, or other 

requirements of Applicable Rules and Regulations or any applicable 

permit; 

(4) the source submitted notice of the upset to the DEQ within 5 working 

days of the time the upset began; and 

(5) the notice of the upset shall contain a description of the upset, any 

steps taken to mitigate emissions, and corrective actions taken. 

(b) In any enforcement proceeding, the source seeking to establish the 

occurrence of an upset has the burden of proof. 

(c) This provision is in addition to any upset provision contained in any 

applicable requirement. 

2. Startups and Shutdowns 

(a) Startups and shutdowns are part of normal source operation. Emissions 

limitations applicable to normal operation apply during startups and 

shutdowns except as follows: 

(1) when sudden, unavoidable breakdowns occur during a startup or 

shutdown, the event may be classified as an upset subject to the 

requirements above; 

(2) when a startup or shutdown is infrequent, the duration of excess 

emissions is brief in each event, and the design of the source is such 

that the period of excess emissions cannot be avoided without 

causing damage to equipment or persons; or 

(3) when the emissions standards applicable during a startup or shutdown 

are defined by other requirements of Applicable Rules and 

Regulations or any applicable permit. 
APC-S-1, Proposed Amendments, September 13, 2010 

24

(b) In any enforcement proceeding, the source seeking to establish the 

applicability of any exception during a startup or shutdown has the burden of 

proof. 

(c) In the event this startup and shutdown provision conflicts with another 

applicable requirement, the more stringent requirement shall apply. 

3. Maintenance. 

(a) Maintenance should be performed during planned shutdown or repair of 

process equipment such that excess emissions are avoided. Unavoidable 

maintenance that results in brief periods of excess emissions and that is 

necessary to prevent or minimize emergency conditions or equipment 

malfunctions constitutes an affirmative defense to an enforcement action 

brought for noncompliance with emission standards, or other regulatory 

requirements if the source can demonstrate the following: 

(1) the source can identify the need for the maintenance; 

(2) the source was at the time being properly operated; 

(3) during the maintenance the source took all reasonable steps to 

minimize levels of emissions that exceeded the emission standards, or 

other requirements of Applicable Rules and Regulations or any 

applicable permit; 

(4) the source submitted notice of the maintenance to the DEQ within 5 

working days of the time the maintenance began or such other times 

as allowed by DEQ; and 

(5) the notice shall contain a description of the maintenance, any steps 

taken to mitigate emissions, and corrective actions taken. 

(b) In any enforcement proceeding, the source seeking to establish the 

applicability of this section has the burden of proof. 

(c) In the event this maintenance provision conflicts with another applicable 

requirement, the more stringent requirement shall apply. 

SECTION 11. SEVERABILITY 

If any provision, section, subsection, sentence, clause or phrase of any of these regulations, 

or the application of same to any person or set of circumstances is for any reason challenged 

or held to be invalid or void, the validity of the remaining regulations and/or portions thereof 

or their application to other persons or sets of circumstances shall not be affected thereby. 

SECTION 12. PROVISIONS FOR EXISTING HOSPITAL/MEDICAL/INFECTIOUS 

WASTE INCINERATORS 
APC-S-1, Proposed Amendments, September 13, 2010 

25

1. Applicability. 

(a) Except as provided in subparagraphs (b) through (h) of this paragraph, the 

designated or affected facility to which Section 12 applies is each individual 

hospital/medical/infectious waste incinerator (HMIWI) for which 

construction was commenced on or before June 20, 1996. 

(b) A combustor is not subject to Section 12 of these regulations during periods 

when only pathological waste, low-level radioactive waste, and/or 

chemotherapeutic waste is burned, provided the owner or operator of the 

combustor: 

(1) Notifies the Department of an exemption claim; and 

(2) Keeps records on a calendar quarter basis of the periods of time when 

only pathological waste, low-level radioactive waste, and/or 

chemotherapeutic waste is burned. 

(c) Any co-fired combustor is not subject to Section 12 of these regulations if the 

owner or operator of the co-fired combustor: 

(1) Notifies the Department of an exemption claim; 

(2) Provides an estimate of the relative weight of hospital waste, 

medical/infectious waste, and other fuels and/or wastes to be 

combusted; and 

(3) Keeps records on a calendar quarter basis of the weight of hospital 

waste and medical/infectious waste combusted, and the weight of all 

other fuels and wastes combusted at the co-fired combustor. 

(d) Any combustor required to have a permit under Section 3005 of the Solid 

Waste Disposal Act is not subject to Section 12 of these regulations. 

(e) Any combustor which meets the applicability requirements in standards or 

guidelines for certain municipal waste combustors under Subpart Cb, Ea, or 

Eb of 40 C.F.R. 60 is not subject to Section 12 of these regulations. 

(f) Any pyrolysis unit is not subject to Section 12 of these regulations. 

(g) Cement kilns firing hospital waste and/or medical/infectious waste are not 

subject to Section 12 of these regulations. 

(h) Physical or operational changes made to an existing HMIWI unit solely for 

the purpose of complying with Section 12 of these regulations are not 

considered a modification and do not result in an existing HMIWI unit 
APC-S-1, Proposed Amendments, September 13, 2010 

26

becoming subject to the new source provisions under Section 6 of these 

regulations and Subpart Ec of 40 C.F.R. 60. 

(i) Each existing HMIWI is subject to the permitting requirements in Air 

Emissions Operating Permit Regulations for the Purposes of Title V of the 

Federal Clean Air Act, APC-S-6. Each owner and operator of an existing 

HMIWI shall submit an application for a Title V permit to the Department by 

December 15, 1999. 

(j) Beginning September 15, 2000, designated facilities subject to Section 12 of 

these regulations shall operate pursuant to a permit issued under Air 

Emissions Operating Permit Regulations for the Purposes of Title V of the 

Federal Clean Air Act, APC-S-6. 

2. For the purpose of the requirements in Section 12 of these regulations, the following 

definitions apply: 

(a) "Administrator of EPA" means the Administrator of the United States 

Environmental Protection Agency or his authorized representative. 

(b) "Batch HMIWI" means an HMIWI that is designed such that neither waste 

charging nor ash removal can occur during combustion. 

(c) "Biologicals" means preparations made from living organisms and their 

products, including vaccines, cultures, etc., intended for use in diagnosing, 

immunizing, or treating humans or animals or in research pertaining thereto. 

(d) "Blood Products" means any product derived from human blood, including 

but not limited to blood plasma, platelets, red or white blood corpuscles, and 

other derived licensed products, such as interferon, etc. 

(e) "Body Fluids" means liquid emanating or derived from humans and limited 

to blood; dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and 

pericardial fluids; and semen and vaginal secretions. 

(f) "Bypass stack" means a device used for discharging combustion gases to 

avoid severe damage to the air pollution control device or other equipment. 

(g) "Chemotherapeutic waste" means waste material resulting from the 

production or use of antineoplastic agents used for the purpose of stopping or 

reversing the growth of malignant cells. 

(h) "Co-fired combustor" means a unit combusting hospital waste and/or 

medical/infectious waste with other fuels or wastes (e.g., coal, municipal 

solid waste) and subject to an enforceable requirement limiting the unit to 

combusting a fuel feed stream, 10 percent or less of the weight of which is 

comprised, in aggregate, of hospital waste and medical/infectious waste as 

measured on a calendar quarter basis. For purposes of this definition, 
APC-S-1, Proposed Amendments, September 13, 2010 

27

pathological waste, chemotherapeutic waste, and low-level radioactive waste 

are considered "other" wastes when calculating the percentage of hospital 

waste and medical/infectious waste combusted. 

(i) "Continuous emission monitoring system or CEMS" means a monitoring 

system for continuously measuring and recording the emissions of a pollutant 

from an affected facility. 

(j) "Continuous HMIWI" means an HMIWI that is designed to allow waste 

charging and ash removal during combustion. 

(k) "Dioxins/furans" means the combined emissions of tetra-through octachlorinated dibenzo-para-dioxins and dibenzofurans, as measured by EPA 

Reference Method 23. 

(l) "Dry scrubber" means an add-on air pollution control system that injects dry 

alkaline sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to 

react with and neutralize acid gases in the HMIWI exhaust stream forming a 

dry powder material. 

(m) "Fabric filter or baghouse" means an add-on air pollution control system that 

removes particulate matter (PM) and nonvaporous metals emissions by 

passing flue gas through filter bags. 

(n) "Facilities manager" means the individual in charge of purchasing, 

maintaining, and operating the HMIWI or the owner’s or operator’s 

representative responsible for the management of the HMIWI. Alternative 

titles may include Director of Facilities or Vice President of Support 

Services. 

(o) "High-air phase" means the stage of the batch operating cycle when the 

primary chamber reaches and maintains maximum operating temperatures. 

(p) "Hospital" means any facility which has an organized medical staff, 

maintains at least six inpatient beds, and where the primary function of the 

institution is to provide diagnostic and therapeutic patient services and 

continuous nursing care primarily to human inpatients who are not related 

and who stay on average in excess of 24 hours per admission. This definition 

does not include facilities maintained for the sole purpose of providing 

nursing or convalescent care to human patients who generally are not acutely 

ill but who require continuing medical supervision. 

(q) "Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit" 

means any device that combusts any amount of hospital waste and/or 

medical/infectious waste. 
APC-S-1, Proposed Amendments, September 13, 2010 

28

(r) "Hospital/medical/infectious waste incinerator operator or HMIWI operator" 

means any person who operates, controls, or supervises the day-to-day 

operation of an HMIWI. 

(s) "Hospital waste" means discards generated at a hospital, except unused items 

returned to the manufacturer. The definition of hospital waste does not 

include human corpses, remains, and anatomical parts that are intended for 

interment or cremation. 

(t) "Infectious agent" means any organism (such as a virus or bacteria) that is 

capable of being communicated by invasion and multiplication in body 

tissues and capable of causing disease or adverse health impacts in humans. 

(u) "Intermittent HMIWI" means an HMIWI that is designed to allow waste 

charging, but not ash removal, during combustion. 

(v) "Large HMIWI" means: 

(1) Except as provided in subparagraph (2); 

(i) An HMIWI whose maximum design waste burning capacity 

is more than 500 pounds per hour; or 

(ii) A continuous or intermittent HMIWI whose maximum charge 

rate is more that 500 pounds per hour; or 

(iii) A batch HMIWI whose maximum charge rate is more that 

4,000 pounds per day. 

(2) The following are not large HMIWI: 

(i) A continuous or intermittent HMIWI whose maximum charge 

rate is less than or equal to 500 pounds per hour; or 

(ii) A batch HMIWI whose maximum charge rate is less than or 

equal to 4,000 pounds per day. 

(w) "Low-level radioactive waste" means waste material which contains 

radioactive nuclides emitting primarily beta or gamma radiation, or both, in 

concentrations or quantities that exceed applicable Federal or State standards 

for unrestricted release. Low-level radioactive waste is not high-level 

radioactive waste, spent nuclear fuel, or by-product material as defined by 

the Atomic Energy Act of 1954 [42 U.S.C. 2014 (e)(2)]. 

(x) "Malfunction" means any sudden, infrequent, and not reasonably preventable 

failure of air pollution control equipment, process equipment, or a process to 

operate in a normal or usual manner. Failures that are caused, in part, by 

poor maintenance or careless operation are not malfunctions. During periods 
APC-S-1, Proposed Amendments, September 13, 2010 

29

of malfunction the operator shall operate within established parameters as 

much as possible, and monitoring of all applicable operating parameters shall 

continue until all waste has been combusted or until the malfunction ceases, 

whichever comes first. 

(y) "Maximum charge rate" means: 

(1) For continuous and intermittent HMIWI, 110 percent of the lowest 3-

hour average charge rate measured during the most recent 

performance test demonstrating compliance with all applicable 

emission limits. 

(2) For batch HMIWI, 110 percent of the lowest daily charge rate 

measured during the most recent performance test demonstrating 

compliance with all applicable emission limits. 

(z) "Maximum design waste burning capacity" means: 

(1) For intermittent and continuous HMIWI, 

Where: 

C = HMIWI capacity, lb/hr 

PV = primary chamber volume, ft3

15,000 = primary chamber heat release rate factor, Btu/ft3

/hr 

8,500 = standard waste heating value, Btu/lb; 

(2) For batch HMIWI, 

Where: 

C = HMIWI capacity, lb/hr 

PV = primary chamber volume, ft3

4.5 = waste density, lb/ft; 

8 = typical hours of operation of a batch HMIWI, hours. 

C PV = ×

15 000

8 500

,

,

C PV = ×

4 5

8

.
APC-S-1, Proposed Amendments, September 13, 2010 

30

(aa) "Maximum fabric filter inlet temperature" means 110 percent of the lowest 3-

hour average temperature at the inlet to the fabric filter (taken, at a minimum, 

once every minute) measured during the most recent performance test 

demonstrating compliance with the dioxin/furan emission limit. 

(bb) "Maximum flue gas temperature" means 110 percent of the lowest 3-hour 

average temperature at the outlet from the wet scrubber (taken, at a 

minimum, once every minute) measured during the most recent performance 

test demonstrating compliance with the mercury (Hg) emission limit. 

(cc) "Medical/infectious waste" means any waste generated in the diagnosis, 

treatment, or immunization of human beings or animals, in research 

pertaining thereto, or in the production or testing of biologicals that is listed 

in paragraphs (1) through (7) of this definition. The definition of 

medical/infectious waste does not include ash from incineration of 

medical/infectious waste, once the incineration process has been completed; 

human corpses, remains, and anatomical parts that are intended for interment 

or cremation; and domestic sewage materials, hazardous waste, and 

household waste identified, listed, or defined in Part 261 of Mississippi 

Hazardous Waste Management Regulations. 

(1) Cultures and stocks of infectious agents and associated biologicals, 

including: cultures from medical and pathological laboratories; 

cultures and stocks of infectious agents from research and industrial 

laboratories; wastes from the production of biologicals; discarded live 

and attenuated vaccines; and culture dishes and devices used to 

transfer, inoculate, and mix cultures. 

(2) Human pathological waste, including tissues, organs, and body parts 

and body fluids that are removed during surgery or autopsy, or other 

medical procedures, and specimens of body fluids and their 

containers. 

(3) Human blood and blood products including: 

(i) Liquid waste human blood; 

(ii) Products of blood; 

(iii) Items saturated and/or dripping with human blood; or 

(iv) Items that were saturated and/or dripping with human blood 

that are now caked with dried human blood; including serum, 

plasma, and other blood components, and their containers, 

which were used or intended for use in either patient care, 

testing and laboratory analysis or the development of 
APC-S-1, Proposed Amendments, September 13, 2010 

31

pharmaceuticals. Intravenous bags are also included in this 

category. 

(4) Sharps that have been used in animal or human patient care or 

treatment or in medical, research, or industrial laboratories, including 

hypodermic needles, syringes (with or without the attached needle), 

Pasteur pipettes, scalpel blades, blood vials, needles with attached 

tubing, and culture dishes (regardless of presence of infectious 

agents). Also included are other types of broken or unbroken 

glassware that were in contact with infectious agents, such as used 

slides and cover slips. 

(5) Animal waste including contaminated animal carcasses, body parts, 

and bedding of animals that were known to have been exposed to 

infectious agents during research (including research in veterinary 

hospitals), production of biologicals or testing of pharmaceuticals. 

(6) Isolation wastes including biological waste and discarded materials 

contaminated with blood, excretions, exudates, or secretions from 

humans who are isolated to protect others from certain highly 

communicable diseases, or isolated animals known to be infected 

with highly communicable diseases. 

(7) Unused sharps including the following unused, discarded sharps: 

hypodermic needles, suture needles, syringes, and scalpel blades. 

(dd) "Medium HMIWI" means: 

(1) Except as provided in subparagraph (2); 

(i) An HMIWI whose maximum design waste burning capacity 

is more than 200 pounds per hour but less than or equal to 

500 pounds per hour; or 

(ii) A continuous or intermittent HMIWI whose maximum charge 

rate is more than 200 pounds per hour but less than or equal 

to 500 pounds per hour; or 

(iii) A batch HMIWI whose maximum charge rate is more than 

1,600 pounds per day but less than or equal to 4,000 pounds 

per day. 

(2) The following are not medium HMIWI: 

(i) A continuous or intermittent HMIWI whose maximum charge 

rate is less than or equal to 200 pounds per hour or more than 

500 pounds per hour; or 
APC-S-1, Proposed Amendments, September 13, 2010 

32

(ii) A batch HMIWI whose maximum charge rate is more than 

4,000 pounds per day or less than or equal to 1,600 pounds 

per day. 

(ee) "Minimum dioxin/furan sorbent flow rate" means 90 percent of the highest 3-

hour average dioxin/furan sorbent flow rate (taken, at a minimum, once every 

hour) measured during the most recent performance test demonstrating 

compliance with the dioxin/furan emission limit. 

(ff) "Minimum Hg sorbent flow rate" means 90 percent of the highest 3-hour 

average Hg sorbent flow rate (taken, at a minimum, once every hour) 

measured during the most recent performance test demonstrating compliance 

with the Hg emission limit. 

(gg) "Minimum hydrogen chloride (HCl) sorbent flow rate" means 90 percent of 

the highest 3-hour average HCl sorbent flow rate (taken, at a minimum, once 

every hour) measured during the most recent performance test demonstrating 

compliance with the HCl emission limit. 

(hh) "Minimum horsepower or amperage" means 90 percent of the highest 3-hour 

average horsepower or amperage to the wet scrubber (taken, at a minimum, 

once every minute) measured during the most recent performance test 

demonstrating compliance with the applicable emission limits. 

(ii) "Minimum pressure drop across the wet scrubber" means 90 percent of the 

highest 3-hour average pressure drop across the wet scrubber PM control 

device (taken, at a minimum, once every minute) measured during the most 

recent performance test demonstrating compliance with the PM emission 

limit. 

(jj) "Minimum scrubber liquor flow rate" means 90 percent of the highest 3-hour 

average liquor flow rate at the inlet to the wet scrubber (taken, at a minimum, 

once every minute) measured during the most recent performance test 

demonstrating compliance with all applicable emission limits. 

(kk) "Minimum scrubber liquor pH" means 90 percent of the highest 3-hour 

average liquor pH at the inlet to the wet scrubber (taken, at a minimum, once 

every minute) measured during the most recent performance test 

demonstrating compliance with the HCl emission limit. 

(ll) "Minimum secondary chamber temperature" means 90 percent of the highest 

3-hour average secondary chamber temperature (taken, at a minimum, once 

every minute) measured during the most recent performance test 

demonstrating compliance with the PM, CO, or dioxin/furan emission limits. 

(mm) "Modification or Modified HMIWI" means any change to an HMIWI unit 

after March 16, 1998, such that: 
APC-S-1, Proposed Amendments, September 13, 2010 

33

(1) The cumulative costs of the modifications, over the life of the unit, 

exceed 50 per centum of the original cost of the construction and 

installation of the unit (not including the cost of any land purchased 

in connection with such construction or installation) updated to 

current costs, or 

(2) The change involves a physical change in or change in the method of 

operation of the unit which increases the amount of any air pollutant 

emitted by the unit for which standards have been established under 

Section 129 or Section 111 of the Federal Clean Air Act. 

(nn) "Operating day" means a 24-hour period between 12:00 midnight and the 

following midnight during which any amount of hospital waste or 

medical/infectious waste is combusted at any time in the HMIWI. 

(oo) "Operation" means the period during which waste is combusted in the 

incinerator excluding periods of startup or shutdown. 

(pp) "Particulate matter or PM" means the total particulate matter emitted from an 

HMIWI as measured by EPA Reference Method 5 or EPA Reference Method 

29. 

(qq) "Pathological waste" means waste material consisting of only human or 

animal remains, anatomical parts, and/or tissue, the bags/containers used to 

collect and transport the waste material, and animal bedding (if applicable). 

(rr) "Primary chamber" means the chamber in an HMIWI that receives waste 

material, in which the waste is ignited, and from which ash is removed. 

(ss) "Pyrolysis" means the endothermic gasification of hospital waste and/or 

medical/infectious waste using external energy. 

(tt) "Secondary chamber" means a component of the HMIWI that receives 

combustion gases from the primary chamber and in which the combustion 

process is completed. 

(uu) "Shutdown" means the period of time after all waste has been combusted in 

the primary chamber. For continuous HMIWI, shutdown shall commence no 

less than 2 hours after the last charge to the incinerator. For intermittent 

HMIWI, shutdown shall commence no less than 4 hours after the last charge 

to the incinerator. For batch HMIWI, shutdown shall commence no less than 

5 hours after the high-air phase of combustion has been completed. 

(vv) "Small HMIWI" means: 

(1) Except as provided in subparagraph (2); 
APC-S-1, Proposed Amendments, September 13, 2010 

34

(i) An HMIWI whose maximum design waste burning capacity 

is less than or equal to 200 pounds per hour; or 

(ii) A continuous or intermittent HMIWI whose maximum charge 

rate is less than or equal to 200 pounds per hour; or 

(iii) A batch HMIWI whose maximum charge rate is less than or 

equal to 1,600 pounds per day. 

(2) The following are not small HMIWI: 

(i) A continuous or intermittent HMIWI whose maximum charge 

rate is more than 200 pounds per hour. 

(ii) A batch HMIWI whose maximum charge rate is more than 

1,600 pounds per day. 

(ww) "Standard conditions" means a temperature of 20C and a pressure of 101.3 

kilopascals. 

(xx) "Standard Metropolitan Statistical Area or SMSA" means any areas listed in 

OMB Bulletin No. 93-17 entitled "Revised Statistical Definitions for 

Metropolitan Areas" dated June 30, 1993. 

(yy) "Startup" means the period of time between the activation of the system and 

the first charge to the unit. For batch HMIWI, startup means the period of 

time between activation of the system and ignition of the waste. 

(zz) "Wet scrubber" means an add-on air pollution control device that utilizes an 

alkaline scrubbing liquor to collect particulate matter (including nonvaporous 

metals and condensed organic) and/or to absorb and neutralize acid gases. 

3. Emission limits. 

(a) Except as provided for in subparagraph (b), no owner or operator of an 

affected facility shall cause to be discharged into the atmosphere from that 

affected facility any gases that contain stack emissions in excess of the limits 

presented in Table 1 of this paragraph. 

(b) The emission limits in Table 2 shall apply to any small HMIWI which is 

located more than 50 miles from the boundary of the nearest Standard 

Metropolitan Statistical Area (SMSA) and which burns less than 2,000 

pounds per week of hospital waste and medical/infectious waste. The 2,000 

lb/week limitation does not apply during performance tests. 

(c) No owner or operator of an affected facility shall cause to be discharged into 

the atmosphere from the stack of that affected facility any gases that exhibit 

greater than 10 percent opacity (6-minute block average).
APC-S-1, Proposed Amendments, September 13, 2010 

35
APC-S-1, Proposed Amendments, September 13, 2010 

36

TABLE 1. EMISSION LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI

Emission Limits

HMIWI Size

Pollutant Units (7 percent oxygen, dry 

basis)

Small Medium Large 

Particulate 

matter 

Milligrams per dry standard cubic 

meter (grains per dry standard cubic 

foot) 

115 (0.05) 69 (0.03) 34 (0.015) 

Carbon 

monoxide 

Parts per million by volume 40 40 40 

Dioxins/furans Nanograms per dry standard cubic 

meter total dioxins/furans (grains 

per billion dry standard cubic feet) 

or nanograms per dry standard 

cubic meter TEQ (grains per billion 

dry standard cubic feet) 

125 (55) 

or 

2.3 (1.0) 

125 (55) 

or 

2.3 (1.0) 

125 (55) 

or 

2.3 (1.0) 

Hydrogen 

chloride 

Parts per million by volume or 

percent reduction 

100 or 93% 100 or 93% 100 or 93% 

Sulfur dioxide Parts per million by volume 55 55 55 

Nitrogen oxides Parts per million by volume 250 250 250 

Lead Milligrams per dry standard cubic 

meter (grains per thousand dry 

standard cubic feet) or percent 

reduction 

1.2 (0.52) 

or 

70% 

1.2 (0.52) 

or 

70% 

1.2 (0.52) 

or 

 70% 

Cadmium Milligrams per dry standard cubic 

meter (grains per thousand dry 

standard cubic feet) or percent 

reduction 

0.16 (0.07) 

or 

65% 

0.16 (0.07) 

or 

65% 

0.16 (0.07) 

or 

65% 

Mercury Milligrams per dry standard cubic 

meter (grains per thousand dry 

standard cubic feet) or percent 

reduction 

0.55 (0.24) 

or 

85% 

0.55 

(0.24) 

or 85% 

0.55 

(0.24) 

or 85% 
APC-S-1, Proposed Amendments, September 13, 2010 

37

TABLE 2. EMISSION LIMITS FOR SMALL RURAL HMIWI

Pollutant Units (7 percent oxygen, dry basis) 

HMIWI 

Emission 

Limits 

Particulate matter Milligrams per dry standard cubic meter (grains 

per dry standard cubic foot) 

197 (0.086) 

Carbon monoxide Parts per million by volume 40 

Dioxins/furans Nanograms per dry standard cubic meter total 

dioxins/furans (grains per billion dry standard 

cubic feet) or nanograms per dry standard cubic 

meter TEQ (grains per billion dry standard cubic 

feet) 

800 (350) 

 or 

15 (6.6) 

Hydrogen 

chloride 

Parts per million by volume 3100 

Sulfur dioxide Parts per million by volume 55 

Nitrogen oxides Parts per million by volume 250 

Lead Milligrams per dry standard cubic meter (grains 

per thousand dry standard cubic feet) 

10 (4.4) 

Cadmium Milligrams per dry standard cubic meter (grains 

per thousand dry standard cubic feet) 

4 (1.7) 

Mercury Milligrams per dry standard cubic meter (grains 

per thousand dry standard cubic feet) 

7.5 (3.3) 

4. Operator Training and Qualification Requirements. 

(a) Compliance with the requirements of this paragraph shall occur no later than 

September 15, 2000. 

(b) No owner or operator of an affected facility shall allow the affected facility to 

operate at any time unless a fully trained and qualified HMIWI operator is 

accessible, either at the facility or available within 1 hour. The trained and 

qualified HMIWI operator may operate the HMIWI directly or be the direct 

supervisor of one or more HMIWI operators. 

(c) Operator training and qualification shall be obtained through a Stateapproved program that meets the requirements included in subparagraphs (d) 

through (k) of this paragraph. 
APC-S-1, Proposed Amendments, September 13, 2010 

38

(d) Training shall be obtained by completing an HMIWI operator training course 

that includes, at a minimum, the following provisions: 

(1) 24 hours of training on the following subjects: 

(i) Environmental concerns, including pathogen destruction and 

types of emissions; 

(ii) Basic combustion principles, including products of 

combustion; 

(iii) Operation of the type of incinerator to be used by the 

operator, including proper startup, waste charging, and 

shutdown procedures; 

(iv) Combustion controls and monitoring; 

(v) Operation of air pollution control equipment and factors 

affecting performance (if applicable); 

(vi) Methods to monitor pollutants (continuous emission 

monitoring systems and monitoring of HMIWI and air 

pollution control device operating parameters) and equipment 

calibration procedures (where applicable); 

(vii) Inspection and maintenance of the HMIWI, air pollution 

control devices, and continuous emission monitoring systems; 

(viii) Actions to correct malfunctions or conditions that may lead to 

malfunction; 

(ix) Bottom and fly ash characteristics and handling procedures; 

(x) Applicable Federal, State, and local regulations; 

(xi) Work safety procedures; 

(xii) Pre-startup inspections; and 

(xiii) Recordkeeping requirements. 

(2) An examination designed and administered by the instructor. 

(3) Reference material distributed to the attendees covering the course 

topics. 

(e) Qualification shall be obtained by: 
APC-S-1, Proposed Amendments, September 13, 2010 

39

(1) Completion of a training course that satisfies the criteria under 

subparagraph (d) of this paragraph; and 

(2) Either 6 months experience as an HMIWI operator, 6 months 

experience as a direct supervisor of an HMIWI operator, or 

completion of at least two burn cycles under the observation of two 

qualified HMIWI operators. 

(f) Qualification is valid from the date on which the examination is passed or the 

completion of the required experience, whichever is later. 

(g) To maintain qualification, the trained and qualified HMIWI operator shall 

complete and pass an annual review or refresher course of at least 4 hours 

covering, at a minimum, the following: 

(1) Update of regulations; 

(2) Incinerator operation, including startup and shutdown procedures; 

(3) Inspection and maintenance; 

(4) Responses to malfunctions or conditions that may lead to 

malfunction; and 

(5) Discussion of operating problems encountered by attendees. 

(h) A lapsed qualification shall be renewed by one of the following methods: 

(1) For a lapse of less than 3 years, the HMIWI operator shall complete 

and pass a standard annual refresher course described in 

subparagraph (g) of this paragraph above. 

(2) For a lapse of 3 years or more, the HMIWI operator shall complete 

and pass a training course with the minimum criteria described in 

subparagraph (d) of this paragraph above. 

(i) The owner or operator of an affected facility shall maintain documentation at 

the facility that address the following: 

(1) Summary of the applicable standards under Section 12 of these 

regulations; 

(2) Description of basic combustion theory applicable to an HMIWI; 

(3) Procedures for receiving, handling, and charging waste; 

(4) HMIWI startup, shutdown, and malfunction procedures; 
APC-S-1, Proposed Amendments, September 13, 2010 

40

(5) Procedures for maintaining proper combustion air supply levels; 

(6) Procedures for operating the HMIWI and associated air pollution 

control systems within the standards established under Section 12 of 

these regulations; 

(7) Procedures for responding to periodic malfunction or conditions that 

may lead to malfunction; 

(8) Procedures for monitoring HMIWI emissions; 

(9) Reporting and recordkeeping procedures; and 

(10) Procedures for handling ash. 

(j) The owner or operator of an affected facility shall establish a program for 

reviewing the information listed in subparagraph (i) of this paragraph 

annually with each HMIWI operator. 

(1) The initial review of the information listed in subparagraph (i) of this 

paragraph shall be conducted by March 15, 2000, or prior to 

assumption of responsibilities affecting HMIWI operation, whichever 

date is later. 

(2) Subsequent reviews of the information listed in subparagraph (i) of 

this paragraph shall be conducted annually. 

(k) The information listed in subparagraph (i) of this paragraph shall be kept in a 

readily accessible location for all HMIWI operators. This information, along 

with records of training shall be available for inspection by the Department 

upon request. 

5. Waste Management Guidelines. 

The owner or operator of an affected facility shall prepare a waste management plan. 

 The waste management plan shall identify both the feasibility and the approach to 

separate certain components of solid waste from the health care waste stream in order 

to reduce the amount of toxic emissions from incinerated waste. A waste 

management plan may include, but is not limited to, elements such as paper, 

cardboard, plastics, glass, battery, or metal recycling; or purchasing recycled or 

recyclable products. A waste management plan may include different goals or 

approaches for different areas or departments of the facility and need not include new 

waste management goals for every waste stream. It should identify, where possible, 

reasonably available additional waste management measures, taking into account the 

effectiveness of waste management measures already in place, the costs of additional 

measures, the emission reductions expected to be achieved, and any other 

environmental or energy impacts they might have. The American Hospital 

Association publication entitled "An Ounce of Prevention: Waste Reduction 
APC-S-1, Proposed Amendments, September 13, 2010 

41

Strategies for Health Care Facilities" shall be considered in the development of the 

waste management plan. 

6. Inspection Guidelines. 

(a) The requirements of this paragraph apply to any small HMIWI subject to the 

emission limits in Table 2 of paragraph 3 in Section 12 of these regulations. 

(b) No later than September 15, 2000 and annually thereafter (no more than 12 

months following the previous annual equipment inspection) an equipment 

inspection shall be performed. 

(1) At a minimum, an inspection shall include the following: 

(i) Inspect all burners, pilot assemblies, and pilot sensing devices 

for proper operation; clean pilot flame sensor, as necessary; 

(ii) Ensure proper adjustment of primary and secondary chamber 

combustion air, and adjust as necessary; 

(iii) Inspect hinges and door latches, and lubricate as necessary; 

(iv) Inspect dampers, fans, and blowers for proper operation; 

(v) Inspect HMIWI door and door gaskets for proper sealing; 

(vi) Inspect motors for proper operation; 

(vii) Inspect primary chamber refractory lining; clean and 

repair/replace lining as necessary; 

(viii) Inspect incinerator shell for corrosion and/or hot spots; 

(ix) Inspect secondary/tertiary chamber and stack, clean as 

necessary; 

(x) Inspect mechanical loader, including limit switches, for 

proper operation, if applicable; 

(xi) Visually inspect waste bed (grates), and repair/seal, as 

appropriate; 

(xii) For the burn cycle that follows the inspection, document that 

the incinerator is operating properly and make any necessary 

adjustments; 

(xiii) Inspect air pollution control devices(s) for proper operation, if 

applicable; 
APC-S-1, Proposed Amendments, September 13, 2010 

42

(xiv) Inspect waste heat boiler systems to ensure proper operation, 

if applicable; 

(xv) Inspect bypass stack components; 

(xvi) Ensure proper calibration of thermocouples, sorbent feed 

systems, and any other monitoring equipment; and 

(xvii) Generally observe that the equipment is maintained in good 

operating condition. 

(2) Within 10 operating days following an equipment inspection, all 

necessary repairs shall be completed unless the owner or operator 

obtains written approval from the Department establishing a date 

whereby all necessary repairs of the designated facility shall be 

completed. 

7. Compliance and Performance Testing. 

(a) The emission limits under paragraph 3 in Section 12 of these regulations 

shall apply at all times except during periods of startup, shutdown, or 

malfunction, provided that no hospital waste or medical/infectious waste is 

charged to the affected facility during startup, shutdown, or malfunction. 

(b) The owner or operator of an affected facility shall conduct an initial 

performance test in accordance with the performance test requirements 

contained in 40 C.F.R. 60.8 to determine compliance with the emission limits 

using the procedures and test methods listed in subparagraphs (b)(1) through 

(b)(11) of this paragraph. The use of the bypass stack during a performance 

test shall invalidate the performance test. 

(1) All performance tests shall consist of a minimum of three test runs 

conducted under representative operating conditions. 

(2) The minimum sample time shall be 1 hour per test run unless 

otherwise indicated. 

(3) EPA Reference Method 1 of Appendix A of 40 C.F.R. 60 shall be 

used to select the sampling location and number of traverse points. 

(4) EPA Reference Method 3 or 3A of Appendix A of 40 C.F.R. 60 shall 

be used for gas composition analysis, including measurement of 

oxygen concentration. EPA Reference Method 3 or 3A of Appendix 

A of 40 C.F.R. 60 shall be used simultaneously with each reference 

method. 
APC-S-1, Proposed Amendments, September 13, 2010 

43

(5) The pollutant concentrations shall be adjusted to 7 percent oxygen 

using the following equation: 

Where: 

Cadj = pollutant concentration adjusted to 7 percent oxygen; 

Cmeas = pollutant concentration measured on a dry basis; 

(20.9-7) = 20.9 percent oxygen - 7 percent oxygen (defined oxygen 

correction basis); 

20.9 = oxygen concentration in air, percent; and 

%O2 = oxygen concentration measured on a dry basis, percent. 

(6) EPA Reference Method 5 or 29 Appendix A of 40 C.F.R. 60 shall be 

used to measure the particulate matter emissions. 

(7) EPA Reference method 9 of Appendix A of 40 C.F.R. 60 shall be 

used to measure stack opacity. 

(8) EPA Reference Method 10 or 10B of Appendix A of 40 C.F.R. 60 

shall be used to measure the CO emissions. 

(9) EPA Reference Method 23 of Appendix A of 40 C.F.R. 60 shall be 

used to measure total dioxin/furan emissions. The minimum sample 

time shall be 4 hours per test run. If the affected facility has selected 

the toxic equivalency standards for dioxin/furans, under paragraph 3 

in Section 12 of these regulations, the following procedures shall be 

used to determine compliance: 

(i) Measure the concentration of each dioxin/furan tetra-through 

octa-congener emitted using EPA Reference Method 23. 

(ii) For each dioxin/furan congener measured in accordance with 

subparagraph (b)(9)(i) of this paragraph, multiply the 

congener concentration by its corresponding toxic 

equivalency factor specified in Table 3 in Section 12 of these 

regulations. 

(iii) Sum the products calculated in accordance with subparagraph 

(b)(9)(ii) of this paragraph to obtain the total concentration of 

dioxins/furans emitted in terms of toxic equivalency. 

( )

( ) C C

O adj meas = −−

20 9 7

20 9 2

.

. %
APC-S-1, Proposed Amendments, September 13, 2010 

44

(10) EPA Reference Method 26 of Appendix A of 40 C.F.R. 60 shall be 

used to measure HCl emissions. If the affected facility has selected 

the percentage reduction standards for HCl under paragraph 3 in 

Section 12 of these regulations, the percentage reduction in HCl 

emissions (%RHCl) is computed using the following formula: 

Where: 

(%RHCl)= percentage reduction of HCl emissions achieved; 

Ei = HCl emission concentration measured at the control device inlet, 

corrected to 7 percent oxygen (dry basis); and 

Eo = HCl emission concentration measured at the control device 

outlet, corrected to 7 percent oxygen (dry basis). 

(11) EPA Reference Method 29 of Appendix A of 40 C.F.R. 60 shall be 

used to measure Pb, Cd, and Hg emissions. If the affected facility 

has selected the percentage reduction standards for metals under 

paragraph 3 in Section 12 of these regulations, the percentage 

reduction in emissions (%Rmetal) is computed using the following 

formula: 

Where: 

(%Rmetal)= percentage reduction of metal emission (Ph, Cd, or Hg) 

achieved; 

Ei = metal emission concentration (Pb, Cd, or Hg) measured at the 

control device inlet, corrected to 7 percent oxygen (dry basis); and 

Eo = metal emission concentration (Pb, Cd, or Hg) measured at the 

control device outlet, corrected to 7 percent oxygen (dry basis). 

( ) %R

E E

E HCl

i o

i

= ⎛ −

⎝

⎜ ⎞

⎠

⎟ × 100

( ) %R

E E

E metal

i o

i

= ⎛ −

⎝

⎜ ⎞

⎠

⎟ × 100
APC-S-1, Proposed Amendments, September 13, 2010 

45

TABLE 3. TOXIC EQUIVALENCY FACTORS 

Dioxin/Furan Congener Toxic Equivalency 

Factor

2,3,7,8-tetrachlorinated dibenzo-p-dioxin 1 

1,2,3,7,8-pentachlorinated dibenzo-pdioxin 0.5 

1,2,3,4,7,8- hexachlorinated dibenzo-pdioxin 0.1 

1,2,3,7,8,9-hexachlorinated dibenzo-pdioxin 0.1 

1,2,3,6,7,8-hexachlorinated dibenzo-pdioxin 0.1 

1,2,3,4,6,7,8-heptachlorinated dibenzo-pdioxin 0.01 

octachlorinated dibenzo-p-dioxin 0.001 

2,3,7,8-tetrachlorinated dibenzofuran 0.1 

2,3,4,7,8-pentachlorinated dibenzofuran 0.5 

1,2,3,7,8-pentachlorinated dibenzofuran 0.05 

1,2,3,4,7,8-hexachlorinated dibenzofuran 0.1 

1,2,3,6,7,8-hexachlorinated dibenzofuran 0.1 

1,2,3,7,8,9-hexachlorinated dibenzofuran 0.1 

2,3,4,6,7,8-hexachlorinated dibenzofuran 0.1 

1,2,3,4,6,7,8-heptachlorinated 

dibenzofuran 

0.01 

1,2,3,4,7,8,9-heptachlorinated 

dibenzofuran 

0.01 

octachlorinated dibenzofuran 0.001 

(c) Following the date on which the initial performance test is completed or is 

required to be completed under the performance test requirements contained 

in 40 C.F.R. 60.8, whichever date comes first, the owner or operator of an 

affected facility shall: 
APC-S-1, Proposed Amendments, September 13, 2010 

46

(1) Determine compliance with the opacity limit by conducting an annual 

performance test (no more than 12 months following the previous 

performance test) using the applicable procedures and test methods 

listed in subparagraph (b) of this paragraph. 

(2) Determine compliance with the PM, CO, and HCl emission limits by 

conducting an annual performance test (no more than 12 months 

following the previous performance test) using the applicable 

procedures and test methods listed in subparagraph (b) of this 

paragraph. If all three performance tests over a 3-year period indicate 

compliance with the emission limit for a pollutant (PM, CO, or HCl), 

the owner or operator may forego a performance test for that 

pollutant for the subsequent 2 years. At a minimum, a performance 

test for PM, CO, and HCl shall be conducted every third year (no 

more than 36 months following the previous performance test). If a 

performance test conducted every third year indicates compliance 

with the emission limit for a pollutant (PM, CO, or HCl), the owner 

or operator may forego a performance test for that pollutant for up to 

an additional 2 years. If any performance test indicates 

noncompliance with the respective emission limit, a performance test 

for that pollutant shall be conducted annually until all annual 

performance tests over a 3-year period indicate compliance with the 

emission limit. The use of the bypass stack during a performance test 

shall invalidate the performance test. 

(3) Facilities using a CEMS to demonstrate compliance with any of the 

emission limits under paragraph 3 in Section 12 of these regulations 

shall: 

(i) Determine compliance with the appropriate emission limit(s) 

using a 12-hour rolling average, calculated each hour as the 

average of the previous 12 operating hours (not including 

startup, shutdown, or malfunction). 

(ii) Operate all CEMS in accordance with the applicable 

procedures under Appendices B and F of 40 C.F.R. 60. 

(d) The owner or operator of an affected facility equipped with a dry scrubber 

followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a 

fabric filter and wet scrubber shall: 

(1) Establish the appropriate maximum and minimum operating 

parameters, indicated in Table 4 of Section 12 of these regulations for 

each control system, as site specific operating parameters during the 

initial performance test to determine compliance with the emission 

limits; and 
APC-S-1, Proposed Amendments, September 13, 2010 

47

(2) Following the date on which the initial performance test is completed 

or is required to be completed under the performance test 

requirements contained in 40 C.F.R. 60.8, whichever date comes first, 

ensure that the affected facility does not operate above any of the 

applicable maximum operating parameters or below any of the 

applicable minimum operating parameters listed in Table 4 in Section 

12 of these regulations and measured as 3-hour rolling averages 

(calculated each hour as the average of the previous 3 operating 

hours) at all times except during periods of startup, shutdown, and 

malfunction. Operating parameter limits do not apply during 

performance tests. Operation above the established maximum or 

below the established minimum operating parameter(s) shall 

constitute a violation of established operating parameter(s). 

(e) Except as provided in subparagraph (h) of this paragraph, for affected 

facilities equipped with a dry scrubber followed by a fabric filter: 

(1) Operation of the affected facility above the maximum charge rate and 

below the minimum secondary chamber temperature (each measured 

on a 3-hour rolling average) simultaneously shall constitute a 

violation of the CO emission limit. 

(2) Operation of the affected facility above the maximum fabric filter 

inlet temperature, above the maximum charge rate, and below the 

minimum dioxin/furan sorbent flow rate (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the 

dioxin/furan emission limit. 

(3) Operation of the affected facility above the maximum charge rate and 

below the minimum HCl sorbent flow rate (each measured on a 3-

hour rolling average) simultaneously shall constitute a violation of 

the HCl emission limit. 

(4) Operation of the affected facility above the maximum charge rate and 

below the minimum Hg sorbent flow rate (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the Hg 

emission limit. 

(5) Use of the bypass stack (except during startup, shutdown, or 

malfunction) shall constitute a violation of the PM, dioxin/furan, 

HCl, Pb, Cd and Hg emission limits. 

(f) Except as provided in subparagraph (h) of this paragraph, for affected 

facilities equipped with a wet scrubber: 

(1) Operation of the affected facility above the maximum charge rate and 

below the minimum pressure drop across the wet scrubber or below 

the minimum horsepower or amperage to the system (each measured 
APC-S-1, Proposed Amendments, September 13, 2010 

48

on a 3-hour rolling average) simultaneously shall constitute a 

violation of the PM emission limit. 

(2) Operation of the affected facility above the maximum charge rate and 

below the minimum secondary chamber temperature (each measured 

on a 3-hour rolling average) simultaneously shall constitute a 

violation of the CO emission limit. 

(3) Operation of the affected facility above the maximum charge rate, 

below the minimum secondary chamber temperature, and below the 

minimum scrubber liquor flow rate (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the 

dioxin/furan emission limit. 

(4) Operation of the affected facility above the maximum charge rate and 

below the minimum scrubber liquor pH (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the HCl 

emission limit. 

(5) Operation of the affected facility above the maximum flue gas 

temperature and above the maximum charge rate (each measured on a 

3-hour rolling average) simultaneously shall constitute a violation of 

the Hg emission limit. 

(6) Use of the bypass stack (except during startup, shutdown, or 

malfunction) shall constitute a violation of the PM, dioxin/furan, 

HCl, Pb, Cd and Hg emission limits. 

(g) Except as provided in subparagraph (h) of this paragraph, for affected 

facilities equipped with a dry scrubber followed by a fabric filter and a wet 

scrubber: 

(1) Operation of the affected facility above the maximum charge rate and 

below the minimum secondary chamber temperature (each measured 

on a 3-hour rolling average) simultaneously shall constitute a 

violation of the CO emission limit. 

(2) Operation of the affected facility above the maximum fabric filter 

inlet temperature, above the maximum charge rate, and below the 

minimum dioxin/furan sorbent flow rate (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the 

dioxin/furan emission limit. 

(3) Operation of the affected facility above the maximum charge rate and 

below the minimum scrubber liquor pH (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the HCl 

emission limit. 
APC-S-1, Proposed Amendments, September 13, 2010 

49

(4) Operation of the affected facility above the maximum charge rate and 

below the minimum Hg sorbent flow rate (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the Hg 

emission limit. 

(5) Use of the bypass stack (except during startup, shutdown, or 

malfunction) shall constitute a violation of the PM, dioxin/furan, 

HCl, Pb, Cd and Hg emission limits. 

(h) The owner or operator of an affected facility may conduct a repeat 

performance test within 30 days of violation of applicable operating 

parameter(s) to demonstrate that the affected facility is not in violation of the 

applicable emission limit(s). Repeat performance tests conducted pursuant to 

this paragraph shall be conducted using the identical operating parameters 

that indicated a violation under subparagraph (e), (f), or (g) of this paragraph. 

(i) The owner or operator of an affected facility using an air pollution control 

device other than a dry scrubber followed by a fabric filter, a wet scrubber, or 

a dry scrubber followed by a fabric filter and a wet scrubber to comply with 

the emission limits under paragraph 3 in Section 12 of these regulations shall 

petition the Administrator for other site-specific operating parameters to be 

established during the initial performance test and continuously monitored 

thereafter. The owner or operator shall not conduct the initial performance 

test until after the petition has been approved by the Administrator. 

(j) The owner or operator of an affected facility may conduct a repeat 

performance test at any time to establish new values for the operating 

parameters. The Department may request a repeat performance test at any 

time. 

(k) Any small HMIWI subject to the emission limits in Table 2 of paragraph 3 in 

Section 12 of these regulations shall meet the following compliance and 

performance testing requirements: 

(1) Conduct the performance testing requirements in subparagraphs (a), 

(b)(1) through (b)(9), (b)(11) (mercury only), and (c)(1) of this 

paragraph. The 2,000 lb/week limitation does not apply during 

performance tests. 

(2) Establish maximum charge rate and minimum secondary chamber 

temperature as site-specific operating parameters during the initial 

performance test to determine compliance with applicable emission 

limits. 

(3) Following the date on which the initial performance test is completed 

or is required to be completed under the performance test 

requirements contained in 40 C.F.R. 60.8, whichever date comes first, 

ensure that the designated facility does not operate above the 
APC-S-1, Proposed Amendments, September 13, 2010 

50

maximum charge rate or below the minimum secondary chamber 

temperature measured as 3-hour rolling averages (calculated each 

hour as the average of the previous 3 operating hours) at all times 

except during periods of startup, shutdown, or malfunction. 

Operating parameter limits do not apply during performance tests. 

Operation above the maximum charge rate or below the minimum 

secondary chamber temperature shall constitute a violation of the 

established operating parameter(s). 

(4) Except as provided in subparagraph (k)(5) of this paragraph below, 

operation of the designated facility above the maximum charge rate 

and below the minimum secondary chamber temperature (each 

measured on a 3-hour rolling average) simultaneously shall constitute 

a violation of the PM, CO, and dioxin/furan emission limits. 

(5) The owner or operator of a designated facility may conduct a repeat 

performance test within 30 days of violation of applicable operating 

parameter(s) to demonstrate that the designated facility is not in 

violation of the applicable emission limit(s). Repeat performance 

tests conducted pursuant to this paragraph must be conducted using 

the identical operating parameters that indicated a violation under 

subparagraph (k)(4), of this paragraph above. 

8. Monitoring. 

(a) The owner or operator of an affected facility shall install, calibrate (to 

manufacturer’s specifications), maintain, and operate devices (or establish 

methods) for monitoring the applicable maximum and minimum operating 

parameters listed in Table 4 in Section 12 of these regulations such that these 

devices (or methods) measure and record values for these operating 

parameters at the frequencies indicated in Table 4 in Section 12 of these 

regulations at all times except during periods of startup and shutdown. 

(b) The owner of operator of an affected facility shall install, calibrate (to 

manufacturer’s specifications), maintain, and operate a device or method for 

measuring the use of the bypass stack including date, time, and duration. 

(c) The owner or operator of an affected facility using something other than a 

dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber 

followed by a fabric filter and a wet scrubber to comply with the emission 

limits under paragraph 3 in Section 12 of these regulations shall install, 

calibrate (to the manufacturer’s specifications), maintain, and operate the 

equipment necessary to monitor the site-specific operating parameters 

developed pursuant to subparagraph 7(i) in Section 12 of these regulations. 

(d) The owner or operator of an affected facility shall obtain monitoring data at 

all times during HMIWI operation except during periods of monitoring 

equipment malfunction, calibration, or repair. At a minimum, valid 
APC-S-1, Proposed Amendments, September 13, 2010 

51

monitoring data shall be obtained for 75 percent of the operating hours per 

day and for 90 percent of the operating days per calendar quarter that the 

affected facility is combusting hospital waste and/or medical/infectious 

waste. 

(e) Any small HMIWI subject to the emission limits in Table 2 of paragraph 3 in 

Section 12 of these regulations shall meet the following monitoring 

requirements: 

(1) Install, calibrate (to manufacturer’s specifications), maintain, and 

operate a device for measuring and recording the temperature of the 

secondary chamber on a continuous basis, the output of which shall 

be recorded, at a minimum, once every minute throughout operation. 

(2) Install, calibrate (to manufacturer’s specifications), maintain, and 

operate a device which automatically measures and records the date, 

time, and weight of each charge fed into the HMIWI. 

(3) The owner or operator of a designated facility shall obtain monitoring 

data at all times during HMIWI operation except during periods of 

monitoring equipment malfunction, calibration, or repair. At a 

minimum, valid monitoring data shall be obtained for 75 percent of 

the operating hour per day and for 90 percent of the operating hour 

per calendar quarter that the designated facility is combusting 

hospital waste and/or medical/infectious waste. 
APC-S-1, Proposed Amendments, September 13, 2010 

52

TABLE 4. OPERATING PARAMETERS TO BE MONITORED AND MINIMUM 

MEASUREMENT AND RECORDING FREQUENCIES 

Minimum Frequency Control System

Operating Parameters to be 

Monitored Data 

Measurement

Data 

Recording

Dry 

Scrubber 

followed 

by 

Fabric 

Filter

Wet 

Scrubber

Dry 

Scrubber 

followed 

by 

Fabric 

Filter 

and Wet 

Scrubber

Maximum operating parameters:

Maximum charge rate Continuous 1 x hour X X X 

Maximum fabric filter inlet 

temperature 

Continuous 1 x minute X X 

Maximum flue gas 

temperature 

Continuous 1 x minute X X 

Minimum operating parameters:

Minimum secondary chamber 

temperature 

Continuous 1 x minute X X X 

Minimum dioxin/furan 

sorbent flow rate 

Hourly 1 x hour X X 

Minimum HCl sorbent flow 

rate 

Hourly 1 x hour X X 

Minimum mercury (Hg) 

sorbent flow rate 

Hourly 1 x hour X X 

Minimum pressure drop 

across the wet scrubber or 

minimum horsepower or 

amperage to wet scrubber 

Continuous 1 x minute X X 

Minimum scrubber liquor 

flow rate 

Continuous 1 x minute X X 

Minimum scrubber liquor pH Continuous 1 x minute X X 
APC-S-1, Proposed Amendments, September 13, 2010 

53

9. Reporting and Recordkeeping Requirements. 

(a) The owner or operator of an affected facility shall maintain the following 

information (as applicable) for a period of at least 5 years: 

(1) Calendar date of each record; 

(2) Records of the following data: 

(i) Concentrations of any pollutant listed in paragraph 3 in 

Section 12 of these regulations or measurements of opacity as 

determined by the continuous emission monitoring system (if 

applicable); 

(ii) Results of fugitive emissions (by EPA Reference Method 22) 

tests, if applicable; 

(iii) HMIWI charge dates, times, and weights and hourly charge 

rates; 

(iv) Fabric filter inlet temperatures during each minute of 

operation, as applicable; 

(v) Amount and type of dioxin/furan sorbent used during each 

hour of operation, as applicable; 

(vi) Amount and type of Hg sorbent used during each hour of 

operation, as applicable; 

(vii) Amount and type of HCl sorbent used during each hour of 

operation, as applicable; 

(viii) Secondary chamber temperatures recorded during each 

minute of operation; 

(ix) Liquor flow rate to the wet scrubber inlet during each minute 

of operation, as applicable; 

(x) Horsepower or amperage to the wet scrubber during each 

minute of operation, as applicable; 

(xi) Pressure drop across the wet scrubber system during each 

minute of operation, as applicable; 

(xii) Temperature at the outlet from the wet scrubber during each 

minute of operation, as applicable; 
APC-S-1, Proposed Amendments, September 13, 2010 

54

(xiii) pH at the inlet to the wet scrubber during each minute of 

operation, as applicable; 

(xiv) Records indicating use of the bypass stack, including dates, 

times, and durations; and 

(xv) For affected facilities complying with subparagraphs 7(i) and 

8(c) in Section 12 of these regulations, the owner or operator 

shall maintain all operating parameter data collected. 

(3) Identification of calendar days for which data on emission rates or 

operating parameters specified under subparagraph (a)(2) of this 

paragraph have not been obtained, with an identification of the 

emission rates or operating parameters not measured, reasons for not 

obtaining the data, and a description of corrective actions taken. 

(4) Identification of calendar days, times and durations of malfunctions, a 

description of the malfunction and the corrective action taken. 

(5) Identification of calendar days for which data on emission rates or 

operating parameters specified under subparagraph (a)(2) of this 

paragraph exceeded the applicable limits, with a description of the 

exceedances, reasons for such exceedances, and a description of 

corrective actions taken. 

(6) The results of the initial, annual, and any subsequent performance 

tests conducted to determine compliance with the emission limits 

and/or to establish operating parameters, as applicable. 

(7) Records showing the names of HMIWI operators who have 

completed review of the information in subparagraph 4(i) as required 

by subparagraph 4(j), including the date of the initial review and all 

subsequent annual reviews; 

(8) Records showing the names of the HMIWI operators who have 

completed the operator training requirements, including 

documentation of training and the dates of the training; 

(9) Records showing the names of the HMIWI operators who have met 

the criteria for qualification under paragraph 4 in Section 12 of these 

regulations and the dates of their qualification; and 

(10) Records of calibration of any monitoring devices as required under 

subparagraphs 8(a), (b), and (c) in Section 12 of these regulations. 

(b) The owner or operator of an affected facility shall submit the information 

specified in subparagraphs (b)(1) through (b)(3) of this paragraph no later 
APC-S-1, Proposed Amendments, September 13, 2010 

55

than 60 days following the initial performance test. All reports shall be 

signed by the facilities manager. 

(1) The initial performance test data as recorded under subparagraphs 

7(b)(1) through (b)(11), as applicable. 

(2) The values for the site-specific operating parameters established 

pursuant to subparagraphs 7(d) or (i), as applicable. 

(3) The waste management plan as specified in paragraph 5 in Section 12 

of these regulations. 

(c) An annual report shall be submitted 1 year following the submission of the 

information in subparagraph (b) of this paragraph and subsequent reports 

shall be submitted no more than 12 months following the previous report 

(once the unit is subject to permitting requirements in Air Emissions 

Operating Permit Regulations for the Purposes of Title V of the Federal 

Clean Air Act, APC-S-6, the owner or operator of an affected facility must 

submit these reports semiannually). The annual report shall include the 

information specified in subparagraphs (c)(1) through (c)(8) of this 

paragraph. All reports shall be signed by the facilities manager. 

(1) The values for the site-specific operating parameters established 

pursuant to subparagraph 7(d) or (i), as applicable. 

(2) The highest maximum operating parameter and the lowest minimum 

operating parameter, as applicable, for each operating parameter 

recorded for the calendar year being reported, pursuant to 

subparagraph 7(d) or (i), as applicable. 

(3) The highest maximum operating parameter and the lowest minimum 

operating parameter, as applicable for each operating parameter 

recorded pursuant to subparagraph 7(d) or (i) for the calendar year 

preceding the year being reported, in order to provide the Department 

with a summary of the performance of the affected facility over a 2-

year period. 

(4) Any information recorded under subparagraphs (a)(3) through (a)(5) 

of this paragraph for the calendar year being reported. 

(5) Any information recorded under subparagraphs (a)(3) through (a)(5) 

of this paragraph for the calendar year preceding the year being 

reported, in order to provide the Department with a summary of the 

performance of the affected facility over a 2-year period. 

(6) If a performance test was conducted during the reporting period, the 

results of that test. 
APC-S-1, Proposed Amendments, September 13, 2010 

56

(7) If no exceedances or malfunctions were reported under 

subparagraphs (a)(3) through (a)(5) of this paragraph for the calendar 

year being reported, a statement that no exceedances occurred during 

the reporting period. 

(8) Any use of the bypass stack, the duration, reason for malfunction, and 

corrective action taken. 

(d) The owner or operator of an affected facility shall submit semiannual reports 

containing any information recorded under subparagraphs (a)(3) through 

(a)(5) of this paragraph no later than 60 days following the reporting period. 

The first semiannual reporting period ends 6 months following the 

submission of information in subparagraph (b) of this paragraph. Subsequent 

reports shall be submitted no later than 6 calendar months following the 

previous report. All reports shall be signed by the facilities manager. 

(e) All records specified under subparagraph (a) of this paragraph shall be 

maintained onsite in either paper copy or computer-readable format, unless 

an alternative format is approved by the Department. 

(f) Any small HMIWI subject to the emission limits in Table 2 of paragraph 3 in 

Section 12 of these regulations shall meet the following reporting and 

recordkeeping requirements: 

(1) Maintain records of the annual equipment inspections, any required 

maintenance, and any repairs not completed within 10 days of an 

inspection or the timeframe established by the Department; and 

(2) Submit an annual report containing information recorded under 

subparagraph (f)(1) above no later than 60 days following the year in 

which data were collected. Subsequent reports shall be sent no later 

than 12 calendar months following the previous report (once the unit 

is subject to permitting requirements in Air Emissions Operating 

Permit Regulations for the Purposes of Title V of the Federal Clean 

Air Act, APC-S-6, the owner or operator must submit these reports 

semiannually). The report shall be signed by the facilities manager. 

10. Compliance Schedules. 

(a) Except as provided in subparagraph (b), designated or affected facilities to 

which the provisions in Section 12 of these regulations applies (as defined in 

paragraph 1) shall comply with all requirements in Section 12 of these 

regulations on or before September 15, 2000, regardless of whether the 

Department has identified a designated or affected facility in the State Plan 

inventory required by Subpart B of 40 C.F.R. 60. 

(b) For designated facilities planning to install the necessary air pollution control 

equipment, the Department may allow compliance on or before September 
APC-S-1, Proposed Amendments, September 13, 2010 

57

15, 2002, but as expeditiously as possible. No later than December 15, 1999, 

these facilities shall petition the Department in writing, as outlined in 

subparagraphs (1) through (2) below. Under no circumstances can 

compliance with the provisions in Section 12 of these regulations extend 

beyond September 15, 2002. 

(1) Documentation of the analyses undertaken to support the need for an 

extension, including an explanation of why September 15, 2002, is 

sufficient time to comply while September 15, 2000, is not sufficient. 

The documentation shall also include an evaluation of the option to 

transport the waste offsite to a commercial medical waste treatment 

and disposal facility on a temporary or permanent basis; and 

(2) Documentation of measurable and enforceable incremental steps of 

progress to be taken towards compliance with the requirements in 

Section 12 of these regulations, as defined in subparagraphs (i) 

through (x) below: 

(i) Date for submitting a petition for site specific operating 

parameters under subparagraph 7(i) in Section 12 of these 

regulations; 

(ii) Date for obtaining services of an architectural and 

engineering firm regarding the air pollution control device(s); 

(iii) Date for obtaining design drawings of the air pollution 

control device(s); 

(iv) Date for ordering the air pollution control device(s); 

(v) Date for obtaining the major components of the air pollution 

control device(s); 

(vi) Date for initiation of site preparation for installation of the air 

pollution control device(s); 

(vii) Date for initiation of installation of the air pollution control 

device(s); 

(viii) Date for initial startup of the air pollution control device(s); 

and 

(ix) Date for initial compliance test(s) of the air pollution control 

device(s); 

(x) Date for final compliance. 
APC-S-1, Proposed Amendments, September 13, 2010 

58

(c) Designated facilities planning to shut down permanently to demonstrate 

compliance with subparagraph (a) of this paragraph shall notify the 

Department in writing, no later than December 15, 1999. The notification 

shall include documentation of measurable and enforceable incremental steps 

of progress to be taken towards compliance with the requirements in Section 

12 of these regulations, as defined in subparagraphs (1) through (6) below: 

(1) Date for designated facility plan for shut down; 

(2) Date for contract with the appropriate vendor (off-site hauler or 

alternative waste treatment equipment); 

(3) Date to begin construction of alternative waste treatment equipment 

(if applicable); 

(4) Date for complete installation of alternative waste treatment 

equipment (if applicable); 

(5) Date for shut down of incinerator; 

(6) Date for dismantling incinerator. 

(d) Department Actions on Petitions. On receipt of a petition, the Department 

will authorize one of the following actions, as it shall determine: 

(i) The petition may be dismissed if the Department determines that it is 

not adequate under subparagraph (b) of this paragraph. 

(ii) The Department may grant the request of the petition, as 

petitioned or by imposing such conditions as the requirements 

in Section 12 of these regulations may require in the Title V 

permit, including the establishment of schedules of 

compliance. 

(iii) The Department may deny the petition. If such a denial is 

made, the Department shall notify the petitioner in writing, 

state the reasons for denial and outline procedures for appeal. 

(e) Termination Procedures. Any petition granted by the Department may be 

terminated by the Department whenever the Department finds, after an 

opportunity for the petitioner to demonstrate compliance and after notice and 

an opportunity for hearing, that the petitioner is in violation of any 

requirement, condition, schedule, limitation or any other provision of the 

petition or that operation under the petition does not meet the minimum 

requirements established by State and Federal laws and regulations or is 

unreasonably threatening the public health. 
APC-S-1, Proposed Amendments, September 13, 2010 

59

SECTION 13. PROVISIONS FOR EXISTING COMMERCIAL AND INDUSTRIAL SOLID 

WASTE INCINERATION UNITS

1. Emission Standards. Provisions under this paragraph that apply to existing 

commercial and industrial solid waste incineration (CISWI) units are the 

requirements that are contained in 40 CFR 60.2575 through 60.2875. All such 

requirements are hereby adopted by reference by the Commission as official 

regulations of the State of Mississippi and shall hereafter be enforceable as such. 

2. Applicability. The requirements of Section 13 shall apply to each existing 

commercial and industrial solid waste incineration unit that commenced construction 

on or before November 30, 1999 and meets the following criteria: 

(a) Commercial and industrial solid waste incineration (CISWI) unit means any 

combustion device that combusts commercial and industrial waste. The 

boundaries of a CISWI unit are defined as, but not limited to, the commercial 

or industrial solid waste fuel feed system, grate system, flue gas system, and 

bottom ash. The CISWI unit does not include air pollution control equipment 

or the stack. The CISWI unit boundary starts at the commercial and industrial 

solid waste hopper (if applicable) and extends through two areas: (1) the 

combustion unit flue gas system, which ends immediately after the last 

combustion chamber and (2) the combustion unit bottom ash system, which 

ends at the truck loading station or similar equipment that transfers the ash to 

final disposal. It includes all ash handling systems connected to the bottom 

ash handling system. 

(b) Commercial and industrial waste means solid waste combusted in an 

enclosed device using controlled flame combustion without energy recovery 

that is a distinct operating unit of any commercial or industrial facility 

(including field-erected, modular, and custom built incineration units 

operating with starved or excess air), or solid waste combusted in an air 

curtain incinerator without energy recovery that is a distinct operating unit of 

any commercial or industrial facility. 

(c) Solid waste means any garbage, refuse, sludge from a waste treatment plant, 

water supply treatment plant, or air pollution control facility and other 

discarded material, including solid, liquid, semisolid, or contained gaseous 

material resulting from industrial, commercial, mining, agricultural 

operations, and from community activities but does not include solid or 

dissolved material in domestic sewage, or solid or dissolved materials in 

irrigation return flows or industrial discharges which are point sources 

subject to permits under Section 402 of the Federal Water Pollution Control 

Act, as amended (42 U.S.C. 1342), or source, special nuclear, or byproduct 

material as defined by the Atomic Energy Act of 1954, as amended (42 

U.S.C. 2014). 

(d) Solid waste combustion units are exempt from the requirements of Section 13 

as described and set forth below: 
APC-S-1, Proposed Amendments, September 13, 2010 

60

(1) Pathological waste incineration units. Incineration units burning 90 

percent or more by weight (on a calendar quarter basis and excluding 

the weight of auxiliary fuel and combustion air) of pathological 

waste, low-level radioactive waste, and/or chemotherapeutic waste as 

defined in 40 CFR 60.2875 are not subject to the requirements of 

Section 13 if the owner or operator of the CISWI unit meets the two 

requirements specified in (1)(i) and (ii) of this paragraph. 

(i) Notify the Executive Director that the unit meets these 

criteria. 

(ii) Keep records on a calendar quarter basis of the weight of 

pathological waste, low-level radioactive waste, and/or 

chemotherapeutic waste burned, and the weight of all other 

fuels and wastes burned in the unit. 

(2) Agricultural waste incineration units. Incineration units burning 90 

percent or more by weight (on a calendar quarter basis and excluding 

the weight of auxiliary fuel and combustion air) of agricultural wastes 

as defined in 40 CFR 60.2875 are not subject to the requirements of 

Section 13 if the owner or operator of the CISWI unit meets the two 

requirements specified in (2)(i) and (ii) of this paragraph. 

(i) Notify the Executive Director that the unit meets these 

criteria. 

(ii) Keep records on a calendar quarter basis of the weight of 

agricultural waste burned, and the weight of all other fuels 

and wastes burned in the unit. 

(3) Municipal waste combustion units. Incineration units that meet either 

of the two criteria specified in (3)(i) or (ii) of this paragraph. 

(i) Are regulated under 40 CFR 60, Subpart Ea (Standards of 

Performance for Municipal Waste Combustors); 40 CFR 60, 

Subpart Eb (Standards of Performance for Municipal Waste 

Combustors for Which Construction is Commenced After 

September 20, 1994); 40 CFR 60, Subpart Cb (Emission 

Guidelines and Compliance Time for Large Municipal 

Combustors that are Constructed on or Before September 20, 

1994); 40 CFR 60, Subpart AAAA (Standards of 

Performance for New Stationary Sources: Small Municipal 

Waste Combustion Units); or 40 CFR 60, Subpart BBBB 

(Emission Guidelines for Existing Stationary Sources: Small 

Municipal Waste Combustion Units). 
APC-S-1, Proposed Amendments, September 13, 2010 

61

(ii) Burn greater than 30 percent municipal solid waste or refusederived fuel, as defined in Subpart Ea, Subpart Eb, Subpart 

AAAA, and Subpart BBBB, and that have the capacity to 

burn less than 35 tons (32 megagrams) per day of municipal 

solid waste or refuse-derived fuel, if the owner or operator of 

the CISWI unit meets the two requirements in (3) (ii) (A) and 

(B) of this paragraph. 

(A) Notify the Executive Director that the unit meets 

these criteria. 

(B) Keep records on a calendar quarter basis of the weight 

of municipal solid waste burned, and the weight of all 

other fuels and wastes burned in the unit. 

(4) Medical waste incineration units. Incineration units regulated under 

40 CFR 60, Subpart Ec (Standards of Performance for 

Hospital/Medical/Infectious Waste Incinerators for Which 

Construction is Commenced After June 20, 1996) or 40 CFR 60, 

Subpart Ca (Emission Guidelines and Compliance Times for 

Hospital/Medical/Infectious Waste Incinerators). 

(5) Small power production facilities. Units that meet the three 

requirements specified in (5)(i) through (iii) of this paragraph. 

(i) The unit qualifies as a small power-production facility under 

section 3 (17)(C) of the Federal Power Act (16 U.S.C. 796 

(17)(C)). 

(ii) The unit burns homogeneous waste (not including refusederived fuel) to produce electricity. 

(iii) The owner or operator of the CISWI unit notifies the 

Executive Director that the unit meets all of these criteria. 

(6) Co-generation facilities. Units that meet the three requirements 

specified in (6)(i) through (iii) of this paragraph. 

(i) The unit qualifies as a co-generation facility under section 

3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)). 

(ii) The unit burns homogeneous waste (not including refusederived fuel) to produce electricity and steam or other forms 

of energy used for industrial, commercial, heating, or cooling 

purposes. 

(iii) The owner or operator of the CISWI unit notifies the 

Executive Director that the unit meets all of these criteria. 
APC-S-1, Proposed Amendments, September 13, 2010 

62

(7) Hazardous waste combustion units. Units that meet either of the two 

criteria specified in (7)(i) or (ii) of this paragraph. 

(i) Units for which the owner or operator is required to get a 

permit under section 3005 of the Solid Waste Disposal Act. 

(ii) Units regulated under Subpart EEE of 40 CFR Part 63 

(National Emission Standards for Hazardous Air Pollutants 

from Hazardous Waste Combustors). 

(8) Materials recovery units. Units that combust waste for the primary 

purpose of recovering metals, such as primary and secondary 

smelters. 

(9) Air curtain incinerators. Air curtain incinerators that burn only the 

materials listed in (9)(i) through (iii) of this paragraph are only 

required to meet the requirements under "Air Curtain Incinerators" 40 

CFR 60.2810 through 60.2870. 

(i) 100 percent wood waste. 

(ii) 100 percent clean lumber. 

(iii) 100 percent mixture of only wood waste, clean lumber, and/or 

yard waste. 

(10) Cyclonic barrel burners. (See 40 CFR 60.2875) 

(11) Rack, part, and drum reclamation units. (See 40 CFR 60.2875) 

(12) Cement kilns. Kilns regulated under Subpart LLL of 40 CFR Part 63 

(National Emission Standards for Hazardous Air Pollutants from the 

Portland Cement Manufacturing Industry). 

(13) Sewage sludge incinerators. Incineration units regulated under 

Subpart O of 40 CFR Part 60 (Standards of Performance for Sewage 

Treatment Plants). 

(14) Chemical recovery units. Combustion units burning materials to 

recover chemical constituents or to produce chemical compounds 

where there is an existing commercial market for such recovered 

chemical constituents or compounds. The seven types of units 

described in (14)(i) through (vii) of this paragraph are considered 

chemical recovery units. 
APC-S-1, Proposed Amendments, September 13, 2010 

63

(i) Units burning only pulping liquors (i.e., black liquor) that are 

reclaimed in a pulping liquor recovery process and reused in 

the pulping process. 

(ii) Units burning only spent sulfuric acid used to produce virgin 

sulfuric acid. 

(iii) Units burning only wood or coal feedstock for the production 

of charcoal. 

(iv) Units burning only manufacturing byproduct streams/residues 

containing catalyst metals which are reclaimed and reused as 

catalysts or used to produce commercial grade catalysts. 

(v) Units burning only coke to produce purified carbon monoxide 

that is used as an intermediate in the production of other 

chemical compounds. 

(vi) Units burning only hydrocarbon liquids or solids to produce 

hydrogen, carbon monoxide, synthesis gas, or other gases for 

use in other manufacturing processes. 

(vii) Units burning only photographic film to recover silver. 

(15) Laboratory analysis units. Units that burn samples of materials for 

the purpose of chemical or physical analysis. 

3. Schedule for compliance. 

(a) Except as provided in sub-paragraph (b), each designated or affected facility 

to which the provisions of Section 13 are applicable, shall comply with the 

emission standards and requirements set forth in Section 13 not later than 

December 1, 2003. 

(b) Any designated or affected facility that does not comply with sub-paragraph 

(a) shall be subject to the increments of progress requirements set forth in 40 

CFR 60.2575 through 60.2605 and shall comply as follows: 

(1) Increment 1 - Submit final control plan - April 1, 2003 

(2) Increment 2 - Achieve final compliance - December 1, 2005 

4. Permitting requirements. Each CISWI unit affected by the provisions of Section 13 

shall be subject to the permitting requirements of Air Emissions Operating Permit 

Regulations for the Purposes of Title V of the Federal Clean Air Act, APC-S-6; and 

the owner and/or operator of the affected facility shall submit the necessary permit 

application not later than April 1, 2003. Beginning December 1, 2003, affected 
APC-S-1, Proposed Amendments, September 13, 2010 

64

facilities shall only operate pursuant to authorization, or a permit issued, pursuant to 

the operating permit regulations referenced herein. 

5. Clarifications of terminology. Clarification for certain terms contained in the 

requirements adopted by reference into Section 13 are as follows: 

(a) The term "Administrator", as it relates to the State Air Pollution Control 

Agency in 40 CFR 60.2575 through 60.2875, means the "Executive Director" 

of the Mississippi Department of Environmental Quality. 

(b) The term "You" in 40 CFR 60.2575 through 60.2875 means the owner or 

operator of a CISWI unit. 

(c) The term "State plan" in 40 CFR 60.2575 through 60.2875 means the plan 

(including the requirements set forth in Section 13) submitted to the U.S. 

Environmental Protection Agency that implement the emission guidelines 

contained in 40 CFR 60, Subpart DDDD. 

SECTION 14. PROVISIONS FOR THE CLEAN AIR INTERSTATE RULE. 

1. The provisions of this paragraph apply to Electric Generating Units subject to the 

Clean Air Interstate Rule (CAIR) as set forth in 40 CFR 51.123, 40 CFR 51.124, and 

40 CFR 96.102 through 40 CFR 96.388 as amended and promulgated by the U.S. 

Environmental Protection Agency as of October 3, 2008. All such requirements 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 except as follows: 

(a) The term "permitting authority" shall mean the "Mississippi Environmental 

Quality Permit Board" except when used in the definitions of "Allocate or 

allocation" and "CAIR NOx allowance" in 40 CFR 96.102, the definitions of 

"Allocate or allocation" and "CAIR SO2 allowance" in 40 CFR 96.202, and 

the definitions of "Allocate or allocation" and "CAIR NOx Ozone Season 

allowance" in 40 CFR 96.302.

(b) Unit specific nitrogen oxides (NOx) annual and ozone season allowances 

shall be established by the Commission in accordance with the procedures 

outlined in 40 CFR 96.142 and 40 CFR 96.342 and will be assigned to each 

unit by the dates specified in 40 CFR 96.141 and 40 CFR 96.341. 
MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

“AIR EMISSIONS OPERATING PERMIT REGULATIONS FOR THE PURPOSES 

OF 

TITLE V OF THE 

FEDERAL CLEAN AIR ACT” 

APC-S-6 

Proposed Amendments

Public Hearing Date: October 13, 2010
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

1

MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

AIR EMISSIONS OPERATING PERMIT REGULATIONS 

FOR THE PURPOSES OF TITLE V OF THE 

FEDERAL CLEAN AIR ACT 

APC-S-6 

Adopted October 27, 1993 

Amended December 14, 1995 

Amended April 23, 1998 

Amended December 29, 2000 

Proposed Amendments

I. GENERAL REQUIREMENTS 

A. Definitions 

1. Advisory Council is the Council created by State law to conduct an independent study 

of the costs for the development and administration of the Title V program within the 

Department of Environmental Quality and to conduct an annual review of the costs of 

administering such programs. 

2. Affected Source shall have the same meaning as set forth in the regulations 

promulgated under Title IV of the Federal Act. 

3. Affected State(s) means all states whose air quality may be affected and that are 

contiguous to Mississippi; or are within 50 miles of the permitted source. 

4. Affected unit shall have the same meaning as set forth in the regulations promulgated 

under Title IV of the Federal Act. 

5. Applicable requirement means all of the following as they apply to emissions units in a 

Title V source (including requirements that have been promulgated or approved by 

EPA through rulemaking at the time of issuance but have future-effective compliance 

dates): 

a. any standard or other requirement set forth in the State Implementation Plan (SIP) 

approved or promulgated by EPA through rulemaking under Title I of the Federal 

Act that implements the relevant requirements of the Federal Act, including any 

revisions to the SIP promulgated in 40 CFR Part 52; 

b. any term or condition of any construction permits issued pursuant to Mississippi 

regulations approved or promulgated through rulemaking under Title I, including 

parts C or D, of the Federal Act; 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

2

c. any standard or other requirement under Section 111 of the Federal Act, including 

Section 111(d); 

d. any standard or other requirement under Section 112 of the Federal Act, including 

any requirement concerning accident prevention under Section 112(r)(7) of the 

Federal Act; 

e. any standard or other requirement of the acid rain program under Title IV of the 

Federal Act or the regulations promulgated thereunder; 

f. any requirements established pursuant to Section 504(b) or Section 114(a)(3) of 

the Federal Act; 

g. any standard or other requirement governing solid waste incineration under 

Section 129 of the Federal Act; 

h. any standard or other requirement for consumer and commercial products under 

Section 183(e) of the Federal Act; 

i. any standard or other requirement for tank vessels under Section 183(f) of the 

Federal Act; 

j. any standard or other requirement of the program to control air pollution from 

outer continental shelf sources under Section 328 of the Federal Act; 

k. any standard or other requirement of the regulations promulgated to protect 

stratospheric ozone under Title VI of the Federal Act, unless the Administrator 

has determined that such requirements need not be contained in a Title V permit; 

and 

l. any national ambient air quality standard or increment or visibility requirement 

under part C of Title I of the Federal Act applicable only with regard to temporary 

sources permitted pursuant to Section 504(e) of the Federal Act. 

6. Commission means the Mississippi Commission on Environmental Quality. 

7. DEQ means the Mississippi Department of Environmental Quality. 

8. Designated representative shall have the same meaning as set forth in Section 402(26) 

of the Federal Act and the regulations promulgated thereunder. 

9. Draft permit is the version of a recommended permit for which the DEQ offers public 

participation under Section IV.I. or Affected State(s) review under Section V. 

10. Emissions allowable under a permit means a federally enforceable permit term or 

condition determined at issuance to be required by an applicable requirement that 

establishes an emissions limit (including a work practice standard) or a federally 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

3

enforceable emissions cap that the source has assumed to avoid an applicable 

requirement to which the source would otherwise be subject. 

11. Emissions unit means any part or activity of a stationary source that emits or has the 

potential to emit any regulated air pollutant or any pollutant listed under Section 

112(b) of the Federal Act. This term is not meant to alter or affect the definition of the 

term “unit” for purposes of Title IV of the Federal Act. 

12. The EPA or the Administrator means the Administrator of the United States 

Environmental Protection Agency (EPA) or his designee. 

13. Federal Act means the Federal Clean Air Act as amended in 1990, 42 U.S.C. §§7401-

7671, and any subsequent amendments. 

14. Final permit means the version of a Title V permit issued by the Permit Board once all 

review procedures required by Section IV. and Section V. have been completed. 

15. Fugitive emissions are those emissions which could not reasonably pass through a 

stack, chimney, vent or other functionally-equivalent opening. 

16. General permit is a Title V permit that meets the requirements of Section III.D. 

17. Major source is any stationary source (or any group of stationary sources that are 

located on one or more contiguous or adjacent properties, and are under common 

control of the same person (or persons under common control)) belonging to a single 

major industrial grouping and that is described in Paragraph a., b., or c. of this 

definition. For the purposes of defining “major source”, a stationary source or group 

of stationary sources shall be considered part of a single industrial grouping if all of 

the pollutant emitting activities at such source or group of sources on contiguous or 

adjacent properties belong to the same Major Group (i.e., all have the same two-digit 

code) as described in the Standard Industrial Classification Manual, 1987. 

a. A major source under Section 112 of the Federal Act is defined as follows: 

(1) for pollutants other than radionuclides, any stationary source or group of 

stationary sources located within a contiguous area and under common 

control that emits or has the potential to emit, in the aggregate, 10 tons per 

year (tpy) or more of any hazardous air pollutant which has been listed 

pursuant to Section 112(b) of the Federal Act, 25 tpy or more of any 

combination of such hazardous air pollutants, or such lesser quantity as the 

Administrator may establish by rule (notwithstanding the preceding sentence, 

emissions from any oil or gas exploration or production well (with its 

associated equipment) and emissions from any pipeline compressor or pump 

station shall not be aggregated with emissions from other similar units, 

whether or not such units are in a contiguous area or under common control, 

to determine whether such units or stations are major sources); or 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

4

(2) for radionuclides, “major source” shall have the meaning specified by the 

Administrator by rule. 

b. A major stationary source of air pollutants, as defined in Section 302 of the 

Federal Act, that directly emits or has the potential to emit, 100 tpy or more of 

any air pollutant subject to regulation (including any major source of fugitive 

emissions of any such pollutant, as determined by rule by the Administrator). The 

fugitive emissions of a stationary source shall not be considered in determining 

whether it is a major stationary source for the purposes of Section 302(j) of the 

Federal Act, unless the source belongs to one of the following categories of 

stationary sources: 

(1) coal cleaning plants (with thermal dryers); 

(2) kraft pulp mills; 

(3) portland cement plants; 

(4) primary zinc smelters; 

(5) iron and steel mills; 

(6) primary aluminum ore reduction plants; 

(7) primary copper smelters; 

(8) municipal incinerators capable of charging more than 250 tons of refuse per 

day; 

(9) hydrofluoric, sulfuric, or nitric acid plants; 

(10) petroleum refineries; 

(11) lime plants; 

(12) phosphate rock processing plants; 

(13) coke oven batteries; 

(14) sulfur recovery plants; 

(15) carbon black plants (furnace process); 

(16) primary lead smelters; 

(17) fuel conversion plants; 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

5

(18) sintering plants; 

(19) secondary metal production plants; 

(20) chemical process plants; 

(21) fossil-fuel boilers (or combination thereof) totaling more than 250 million 

British thermal units per hour heat input; 

(22) petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels; 

(23) taconite ore processing plants; 

(24) glass fiber processing plants; 

(25) charcoal production plant; 

(26) fossil-fuel-fired steam electric plants of more than 250 million British 

thermal units per hour heat input; or 

(27) all other stationary source categories regulated by a standard promulgated 

under Section 111 or 112 of the Federal Act, but only with respect to those 

air pollutants that have been regulated for that category; 

c. A major stationary source as defined in part D of Title I of the Federal Act, 

including the following: 

(1) for ozone nonattainment areas, sources with the potential to emit 100 tpy or 

more of volatile organic compounds or oxides of nitrogen in areas classified 

as “marginal” or “moderate”, 50 tpy or more in areas classified as “serious”, 

25 tpy or more in areas classified as “severe”, and 10 tpy or more in areas 

classified as “extreme”; except that the references in this paragraph to 100, 

50, 25 and 10 tpy of nitrogen oxides shall not apply with respect to any 

source for which the Administrator has made a finding under Section 182(f) 

(1) or (2) of the Federal Act, that requirements under Section 182(f) of the 

Federal Act do not apply; 

(2) for ozone transport regions established pursuant to Section 184 of the Federal 

Act, sources with the potential to emit 50 tpy or more of volatile organic 

compounds; 

(3) for carbon monoxide nonattainment areas: 

(a) that are classified as “serious”, and 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

6

(b) in which stationary sources contribute significantly to carbon monoxide 

levels as determined under rules issued by the Administrator, sources 

with the potential to emit 50 tpy or more of carbon monoxide; and 

(4) for particulate matter (PM-10) nonattainment areas classified as “serious”, 

sources with the potential to emit 70 tpy or more of PM-10. 

18. Permit Board means the Mississippi Environmental Quality Permit Board. 

19. Permit modification means a revision to a Title V permit that meets the requirements 

of Section IV.E. as distinguished from an administrative amendment. 

20. Permit program cost means all reasonable direct and indirect costs required to develop 

and administer the Title V permit program, as authorized by State law and set forth in 

Miss. Code Ann. § 49-17-14. 

21. Permit revision means any permit modification or administrative permit amendment. 

22. Potential to emit means the maximum capacity of a stationary source to emit any air 

pollutant under its physical and operational design consistent with 40 CFR 52.21. Any 

physical or operational limitation on the capacity of a source to emit an air pollutant, 

including air pollution control equipment and restrictions on hours of operation or on 

the type or amount of material combusted, stored, or processed, shall be treated as part 

of its design if the limitation is established in a construction permit required by the 

EPA approved Mississippi SIP for New Source Review (NSR) or a Title V permit. 

This term does not alter or affect the use of this term for any other purposes under the 

Federal Act, or the term “capacity factor” as used in Title IV of the Federal Act or the 

regulations promulgated thereunder. 

23. Proposed permit means the version of a recommended permit that the DEQ proposes 

to be issued and forwards to the Administrator for review in compliance with Section 

V. 

24. Regulated air pollutant includes the following: 

a. nitrogen oxides or any volatile organic compounds; 

b. any pollutant for which a national ambient air quality standard has been 

promulgated; 

c. any pollutant that is subject to any standard promulgated under Section 111 of the 

Federal Act; 

d. any class I or II substance subject to a standard promulgated under or established 

by Title VI of the Federal Act; or 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

7

e. any pollutant subject to a standard promulgated under Section 112 or other 

requirements established under Section 112 of the Federal Act, including Sections 

112(g), (j), and (r) of the Federal Act, including the following: 

(1) any pollutant subject to requirements under Section 112(j) of the Federal Act 

(if the Administrator fails to promulgate a standard by the date established 

pursuant to Section 112(e) of the Federal Act, any pollutant for which a 

subject source would be major shall be considered to be regulated on the date 

18 months after the applicable date established pursuant to Section 112(e) of 

the Federal Act); and 

(2) any pollutant for which the requirements of Section 112(g)(2) of the Federal 

Act have been met, but only with respect to the individual source subject to 

Section 112(g)(2) requirements. 

25. Renewal means the process by which a permit is reissued at the end of its term. 

26. Responsible official means as follows: 

a. for a corporation: a president, secretary, treasurer, or vice-president of the 

corporation in charge of a principal business function, or any other person who 

performs similar policy or decision-making functions for the corporation, or a 

duly authorized representative of such person if the representative is responsible 

for the overall operation of one or more manufacturing, production, or operating 

facilities applying for or subject to a permit and either: 

(1) the facilities employ more than 250 persons or have gross annual sales or 

expenditures exceeding $25 million (in second quarter 1980 dollars); or 

(2) the delegation of authority to such representative is approved in advance by 

the DEQ; 

b. for a partnership or sole proprietorship: a general partner or the proprietor, 

respectively; 

c. for a municipality, state, federal, or other public agency: either a principal 

executive officer or ranking elected official (for the purposes of these regulations, 

a principal executive officer of a Federal agency includes the chief executive 

officer having responsibility for the overall operations of a principal geographic 

unit of the agency (e.g., a Regional Administrator of EPA)); or 

d. for affected sources: 

(1) the designated representative in so far as actions, standards, requirements, or 

prohibitions under Title IV of the Federal Act or the regulations promulgated 

thereunder are concerned; and 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

8

(2) the designated representative for any other purposes under Title V. 

27. Section 502(b)(10) changes are changes that contravene an express permit term. Such 

changes do not include changes that would violate applicable requirements or 

contravene federally enforceable permit terms and conditions that are monitoring 

(including test methods), recordkeeping, reporting, or compliance certification 

requirements. 

28. State Law means the Mississippi Air and Water Pollution Control Law, specifically, 

Section 49-17-1 through 49-17-43 of the Mississippi Code of 1972, and any 

subsequent amendments. 

29. Stationary source means any building, structure, facility, or installation that emits or 

may emit any regulated air pollutant or any pollutant listed under Section 112(b) of the 

Federal Act. 

30. Sources or facilities required to hold Title V permits means all major sources and all 

other Title V sources beginning either five (5) years after full implementation of the 

Title V program in Mississippi or such other time as specified by EPA, whichever is 

later. 

31. Subject to regulation means, for any air pollutant, that the pollutant is subject to either 

a provision in the Clean Air Act, or a nationally-applicable regulation codified by the 

Administrator in subchapter C of 40 CFR Chapter I, that requires actual control of the 

quantity of emissions of that pollutant, and that such a control requirement has taken 

effect and is operative to control, limit or restrict the quantity of emissions of that 

pollutant released from the regulated activity. Except that:

a. Greenhouse gases (GHGs), the air pollutant defined as the aggregate group of six 

greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 

perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation 

unless, as of July 1, 2011, the GHG emissions are at a stationary source emitting 

or having the potential to emit 100,000 tpy of CO2 equivalent emissions.

b. The term tpy CO2 equivalent emissions (CO2e) shall represent an amount of 

GHGs emitted, and shall be computed by multiplying the mass amount of 

emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs , by 

the gas’s associated global warming potential published at Table A-1 to Subpart A 

of 40 CFR Part 98 – Global Warming Potentials, and summing the resultant value 

for each to compute a tpy CO2e.

3132.Title V means the air operating permit program mandated in Title V of the 1990 

amendments to the federal Clean Air Act, codified in 42 U.S.C. § 7661. 

3233.Title V permit means any permit or group of permits covering a Title V source that is 

issued, renewed, amended, or revised pursuant to these regulations. 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

9

3334.Title V sources include the following: 

a. any major source; 

b. any source, including an area source, subject to a standard, limitation or other 

requirement under Section 111 of the Federal Act; 

c. any source, including an area source, subject to a standard or other requirement 

under Section 112 of the Federal Act, except that a source is not required to 

obtain a permit solely because it is subject to regulations or requirements under 

Section 112(r) of the Federal Act; 

d. any affected source; and 

e. any source in a source category designated by the Administrator pursuant to this 

section. 

B. GENERAL TITLE V PERMIT REQUIREMENTS 

1. Except as provided or excepted below all Title V sources must comply with all 

provisions herein with regard to Title V permit responsibilities including but not 

limited to filing an application for and obtaining a Title V permit. 

2. All sources that are not major sources, affected sources, or solid waste incineration 

units required to obtain a permit pursuant to Section 129(e) of the Federal Act are 

exempted from the obligation to obtain a Title V permit until either the date five years 

after full implementation of the Title V program in Mississippi or such time as the 

Administrator completes a rulemaking to determine how the program should be 

structured for nonmajor sources and the appropriateness of any permanent exemptions 

in addition to those provided for in Section I.B.5., whichever is later. 

3. In the case of nonmajor sources subject to a standard or other requirement under either 

Section 111 or Section 112 of the Federal Act promulgated after July 21, 1992, the 

exemption of any or all such applicable sources from the requirement to obtain a Title 

V permit will be determined consistent with the newly promulgated standard and 

regulations. 

4. Any source listed in Section I.B.2.,3. and/or 5. which is exempt from the requirement 

to obtain a Title V permit may opt to apply for a Title V permit under the Title V 

program. 

5. The following source categories are exempted from the obligation to obtain a Title V 

permit. 

a. All sources and source categories that would be required to obtain a Title V 

permit solely because they are subject to 40 CFR Part 60, subpart AAA - 

Standards of Performance for New Residential Wood Heaters. 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

10

b. All sources and source categories that would be required to obtain a 

Title V permit solely because they are subject to 40 CFR Part 61, subpart M - 

National Emission Standard for Hazardous Air Pollutants for Asbestos § 61.145, 

Standard for Demolition and Renovation. 

6. Emissions units and Title V sources. 

a. For major sources, the Title V permit shall include all applicable requirements for 

all relevant emissions units in the major source. 

b. For any nonmajor source subject to the Title V program under Paragraphs 2-5 of 

this section, the Permit Board shall include in the permit all applicable 

requirements applicable to emissions units that cause the source to be subject to 

the Title V program. 

7. Fugitive emissions. Fugitive emissions from a Title V source shall be included in the 

permit application and the Title V permit in the same manner as stack emissions, 

regardless of whether the source category in question is included in the list of sources 

contained in the definition of major source. 

8. For purposes of these regulations, the Commission shall not make any exceptions to 

and/or grant any exemptions and/or variances from any of the regulations regarding 

Title V permits except those specified herein. 

II. PERMIT APPLICATIONS 

A. Duty to apply. For each Title V source, the owner or operator shall submit a timely and 

complete permit application in accordance with this section. 

1. Timely application. 

a. A timely application for a source applying for a Title V permit for the first time is 

one that is submitted within 12 months after the source becomes subject to the 

permit program or on or before such earlier date as the Permit Board may 

establish. In the latter case, at least six (6) months time shall be given for 

application submittal from the time the Permit Board notifies the source of the 

early submittal requirement. 

b. Title V sources required to meet the requirements under Section 112(g) of the 

Federal Act or to have a permit under the preconstruction review and construction 

permit requirements of Regulation APC-S-2, “Permit Regulations for the 

Construction and/or Operation of Air Emissions Equipment” shall file a complete 

application to obtain the Title V permit or permit revision within 12 months after 

commencing operation or on or before such earlier date as the Permit Board may 

establish. Where an existing Title V permit would prohibit such construction or 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

11

change in operation, the source must obtain a permit revision before commencing 

operation. 

c. For purposes of permit renewal, a timely application is one that is submitted at 

least 6 months prior to the date of permit expiration. 

d. Applications for initial phase II acid rain permits shall be submitted to the DEQ 

by January 1, 1996, for sulfur dioxide, and by January 1, 1998, for nitrogen 

oxides. 

2. Complete application. To be deemed complete, an application must provide all 

information required pursuant to Section II.C., except that applications for permit 

revision need supply such information only if it is related to the proposed change. 

Information required under Section II.C. must be sufficient to evaluate the subject 

source and its application and to determine all applicable requirements. A responsible 

official shall certify the submitted information consistent with Section II.E. Unless the 

DEQ determines that an application is not complete within 60 days of receipt of the 

application, such application shall be deemed to be complete. If, while processing an 

application that has been determined or deemed to be complete, the DEQ determines 

that additional information is necessary to evaluate or take final action on that 

application, it may request such information in writing and set a reasonable deadline 

for a response. The source’s ability to operate without a Title V permit, as set forth in 

Section IV.B. of these regulations, shall be in effect from the date the application is 

determined or deemed to be complete until the final permit is issued, provided that the 

applicant submits any requested additional information by the deadline specified by 

the DEQ. 

3. Confidential information. In the event a source submits information to the DEQ under 

a claim of confidentiality, the Permit Board may also require the source to submit a 

copy of such information directly to the Administrator. 

B. Duty to supplement or correct application. Any applicant who fails to submit any relevant 

facts or who has submitted incorrect information in a permit application shall, upon 

becoming aware of such failure or incorrect submittal, promptly submit such 

supplementary facts or corrected information. In addition, an applicant shall provide 

additional information as necessary to address any requirements that become applicable to 

the source after the date it filed a complete application but prior to release of a draft permit 

to public participation. 

C. Standard application form and required information. All applications must be submitted on 

the form supplied by the Permit Board. Insignificant activities which are specified in 

Section VII.A. need not be included in permit applications. For insignificant activities 

which are specified in Section VII.B., a list of such insignificant activities must be included 

in the application. An application may not omit information needed to determine the 

applicability of, or to impose, any applicable requirement, or to evaluate the fee amount 

required under the schedule pursuant to Section VI. of these regulations. The forms and 

attachments shall include the elements specified as follows: 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

12

1. identifying information, including company name and address (or plant name and 

address if different from the company name), owner’s name and agent, and telephone 

number and names of plant site manager/contact; 

2. a description of the source’s process and products (by Standard Industrial 

Classification Code) including any associated with any alternate scenario identified by 

the source; 

3. emission-related information as follows: 

a. all emissions of pollutants for which the source is major, and all emissions of 

regulated air pollutants. Fugitive emissions from individual components within a 

facility may be determined collectively based on their relationship to the 

associated process unless individual emission rates are needed to determine the 

applicability of an applicable requirement such as NSPS, NESHAPS, a MACT 

standard, etc. or to determine air quality impacts. A permit application shall 

describe all emissions of regulated air pollutants emitted from any emissions unit, 

except where such units are exempted under Section VII. The Permit Board shall 

require additional information related to the emissions of air pollutants sufficient 

to verify which requirements are applicable to the source, and other information 

necessary to collect any permit fees owed under the fee schedule pursuant to 

Section VI. of these regulations. 

b. identification and description of all points of emissions described in Section 

II.C.3.a. of this section in sufficient detail to establish the basis for fees and 

applicability of requirements of the Federal Act; 

c. emission rates in tpy and in such terms as are necessary to establish compliance 

consistent with the applicable standard reference test method; 

d. to the extent it is needed to determine or regulate emissions, the information that 

follows: fuels, fuel use, raw materials, production rates, and operating schedules; 

e. identification and description of air pollution control equipment and compliance 

monitoring devices or activities; 

f. limitations on source operation affecting emissions or any work practice 

standards, where applicable, for all regulated pollutants at the Title V source; 

g. other information required by any applicable requirement (including information 

related to stack height limitations developed pursuant to Section 123 of the 

Federal Act); 

h. calculations on which the information in Section II.C.3.a. through g. is based; 

4. air pollution control requirements as follows: 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

13

a. citation and description of all applicable requirements, and 

b. description of or reference to any applicable test method for determining 

compliance with each applicable requirement; 

5. other specific information that may be necessary to implement and enforce other 

applicable requirements of the Federal Act or of these regulations or to determine the 

applicability of such requirements; 

6. an explanation of any proposed exemptions from otherwise applicable requirements; 

7. additional information as determined to be necessary by the Permit Board to define 

alternative operating scenarios identified by the source pursuant to Section III.A.9. of 

these regulations or to define permit terms and conditions implementing 

40 CFR 70.4(b)(12) or Section III.A.10. of these regulations. 

8. a compliance plan for all Title V sources that contains all of the following: 

a. a description of the compliance status of the source with respect to all applicable 

requirements; 

b. a description as follows: 

(1) for applicable requirements with which the source is in compliance, a 

statement that the source will continue to comply with such requirements; 

(2) for applicable requirements that will become effective during the permit 

term, a statement that the source will meet such requirements on a timely 

basis; 

(3) for requirements for which the source is not in compliance at the time of 

permit issuance, a narrative description of how the source will achieve 

compliance with such requirements; 

c. a compliance schedule as follows: 

(1) For applicable requirements with which the source is in compliance, a 

statement that the source will continue to comply with such requirements; 

(2) For applicable requirements that will become effective during the permit 

term, a statement that the source will meet such requirements on a timely 

basis. A statement that the source will meet in a timely manner applicable 

requirements that become effective during the permit term shall satisfy this 

provision, unless a more detailed schedule is expressly required by the 

applicable requirements; 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

14

(3) A schedule of compliance for sources that are not in compliance with all 

applicable requirements at the time of permit issuance. Such a schedule shall 

include a schedule or remedial measures, including an enforceable sequence 

of actions with milestones, leading to compliance with any applicable 

requirements for which the source will be in noncompliance at the time of 

permit issuance. This compliance schedule shall resemble and be at least as 

stringent as that contained in any judicial consent decree or administrative 

order to which the source is subject. Any such schedule of compliance shall 

be supplemental to, and shall not sanction noncompliance with, the 

applicable requirements on which it is based; 

d. a schedule for submission of certified progress reports, to be submitted no less 

frequently than every 6 months for sources required to have a schedule of 

compliance to remedy a violation; 

e. the compliance plan content requirements specified in this paragraph shall apply 

and be included in the acid rain portion of a compliance plan for an affected 

source, except as specifically superseded by regulations promulgated under Title 

IV of the Federal Act with regard to the schedule and method(s) the source will 

use to achieve compliance with the acid rain emissions limitations; 

9. requirements for compliance certification, including the following: 

a. a certification of compliance with all applicable requirements by a responsible 

official consistent with Section II.E. and Section 114(a)(3) of the Federal Act; 

b. a statement of methods used for determining compliance, including a description 

of monitoring, recordkeeping, and reporting requirements and test methods; 

c. a schedule for submission of compliance certifications during the permit term, to 

be submitted no less frequently than annually, or more frequently if specified by 

the underlying applicable requirement or by the Permit Board; 

d. a statement indicating the source’s compliance status with any applicable 

enhanced monitoring and compliance certification requirements of the Federal 

Act; and 

10. the use of nationally-standardized forms for acid rain portions of permit applications 

and compliance plans, as required by regulations promulgated under Title IV of the 

Federal Act. 

D. Applicant’s duty to apply for alternative scenarios. Any operating scenario allowed for in 

an applicable Title V permit may be implemented by the facility without the need for any 

permit revision or any notification to the Permit Board. It is incumbent upon the Title V 

permit applicant to apply for any reasonably anticipated alternative facility operating 

scenarios at the time of initial or renewal permit application. 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

15

E. Any application form, report, or compliance certification submitted pursuant to these 

regulations shall contain a certification of truth, accuracy, and completeness signed by a 

responsible official. This certification and any other certification required under these 

regulations shall state that, based on information and belief formed after reasonable 

inquiry, the statements and information in the document are true, accurate, and complete. 

III. PERMIT CONTENT 

A. Standard permit requirements. Each permit issued under these regulations shall include the 

following requirements. 

1. Emission limitations and standards, including those operational requirements and 

limitations that assure compliance with all applicable requirements at the time of 

permit issuance. 

a. The permit shall specify and reference the origin of and authority for each term or 

condition, and identify any difference in form as compared to the applicable 

requirement upon which the term or condition is based. 

b. The permit shall state that, where an applicable requirement of the Federal Act is 

more stringent than an applicable requirement of regulations promulgated under 

Title IV of the Federal Act, both provisions shall be incorporated into the permit 

and shall be enforceable by the Administrator and the Commission. 

2. Permit duration. The Permit Board shall issue permits for a fixed term of 5 years in 

the case of affected sources, and for a term not to exceed 5 years in the case of all 

other sources. Notwithstanding this requirement, the Permit Board shall issue permits 

for solid waste incineration units combusting municipal waste subject to standards 

under Section 129(e) of the Federal Act for a period not to exceed 12 years and shall 

review such permits at least every 5 years. 

3. Monitoring and related recordkeeping and reporting requirements. 

a. Each permit shall contain the requirements with respect to monitoring as follows: 

 

(1) all emissions monitoring and analysis procedures or test methods required 

under the applicable requirements, including any procedures and methods 

promulgated pursuant to Sections 114(a)(3) or 504(b) of the Federal Act; 

(2) where the applicable requirement does not require periodic testing or 

instrumental or noninstrumental monitoring (which may consist of 

recordkeeping designed to serve as monitoring), periodic monitoring 

sufficient to yield reliable data from the relevant time period that are 

representative of the source’s compliance with the permit as reported 

pursuant to Section III.A.3.c. Such monitoring requirements shall assure use 

of terms, test methods, units, averaging periods, and other statistical 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

16

conventions consistent with the applicable requirement. Recordkeeping 

provisions shall be sufficient to meet the requirements of Section III.A.3.b.; 

and 

(3) as necessary, requirements concerning the use, maintenance, and, where 

appropriate, installation of monitoring equipment or methods. 

b. With respect to recordkeeping, the permit shall incorporate all applicable 

recordkeeping requirements and require, where applicable, the following: 

(1) records of required monitoring information that include the following: 

(a) the date, place as defined in the permit, and time of sampling or 

measurements; 

(b) the date(s) analyses were performed; 

(c) the company or entity that performed the analyses; 

(d) the analytical techniques or methods used; 

(e) the results of such analyses; 

(f) the operating conditions existing at the time of sampling or 

measurement; and 

(2) retention of records of all required monitoring data and support information 

for a period of at least 5 years from the date of the monitoring sample, 

measurement, report, or application. Support information includes all 

calibration and maintenance records, all original strip-chart recordings for 

continuous monitoring instrumentation, and copies of all reports required by 

the permit. 

c. With respect to reporting, the permit shall incorporate all applicable reporting 

requirements and require the following: 

(1) submittal of reports of any required monitoring at least every 6 months (all 

instances of deviations from permit requirements must be clearly identified in 

such reports and all required reports must be certified by a responsible 

official consistent with Section II.E. of these regulations); and 

(2) prompt reporting of deviations from permit requirements, including those 

attributable to upset conditions as defined in the permit, the probable cause of 

such deviations, and any corrective actions or preventive measures taken. 

The Permit Board shall define “prompt” in the permit in relation to the 

degree and type of deviation likely to occur and the applicable requirements. 

 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

17

4. A permit condition prohibiting emissions exceeding any allowances that the source 

lawfully holds under Title IV of the Federal Act or the regulations promulgated 

thereunder. 

a. No permit revision shall be required for increases in emissions that are authorized 

by allowances acquired pursuant to the acid rain program, provided that such 

increases do not require a permit revision under any other applicable requirement. 

b. No limit shall be placed on the number of allowances held by the source. The 

source may not, however, use allowances as a defense to noncompliance with any 

other applicable requirement. 

c. Any such allowance shall be accounted for according to the procedures 

established in regulations promulgated under Title IV of the Federal Act. 

5. A severability clause to ensure the continued validity of the various permit 

requirements in the event of a challenge to any portions of the permit. 

6. Provisions stating the following: 

a. The permittee must comply with all conditions of the Title V permit. Any permit 

noncompliance constitutes a violation of the Federal Act and is grounds for 

enforcement action; for permit termination, revocation and reissuance, or 

modification; or for denial of a permit renewal application. 

b. The need to halt or reduce activity is not a defense. It shall not be a defense for a 

permittee in an enforcement action that it would have been necessary to halt or 

reduce the permitted activity in order to maintain compliance with the conditions 

of this permit. 

c. The permit and/or any part thereof may be modified, revoked, reopened, and 

reissued, or terminated for cause. The filing of a request by the permittee for a 

permit modification, revocation and reissuance, or termination, or of a notification 

of planned changes or anticipated noncompliance does not stay any permit 

condition. 

d. The permit does not convey any property rights of any sort, or any exclusive 

privilege. 

e. The permittee shall furnish to the DEQ within a reasonable time any information 

the DEQ may request in writing to determine whether cause exists for modifying, 

revoking and reissuing, or terminating the permit or to determine compliance with 

the permit. Upon request, the permittee shall also furnish to the DEQ copies of 

records required to be kept by the permittee or, for information claimed to be 

confidential, the permittee shall furnish such records to DEQ along with a claim 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

18

of confidentiality. The permittee may furnish such records directly to the 

Administrator along with a claim of confidentiality. 

7. A provision to ensure that a Title V source pays fees to the permitting authority 

consistent with the fee schedule pursuant to Section VI. of these regulations. 

8. Emissions trading. A provision stating that no permit revision shall be required, under 

any approved economic incentives, marketable permits, emissions trading and other 

similar programs or processes for changes that are provided for in the permit. 

9. Terms and conditions for reasonably anticipated operating scenarios identified by the 

source in its application, as approved by the Permit Board, as follows: 

a. shall require the source, contemporaneously with making a change from one 

operating scenario to another, to record in a log at the permitted facility a record 

of the scenario under which it is operating; 

b. may extend the permit shield described in Section III.F. to all terms and 

conditions under each such operating scenario; and 

c. must ensure that the terms and conditions of each such alternative scenario meet 

all applicable requirements and the requirements of these regulations. 

10. If the permit applicant requests them, terms and conditions for the trading of emissions 

increases and decreases in the permitted facility, to the extent that the applicable 

requirements provide for trading such increases and decreases without a case-by-case 

approval of each emissions trade, as follows: 

a. shall include all terms required under Section III.A. and C. to determine 

compliance; 

b. may extend the permit shield described in Section III.F. to all terms and 

conditions that allow such increases and decreases in emissions; and 

c. must meet all applicable requirements and requirements of these regulations. 

B. Federally-enforceable requirements. 

1. All terms and conditions in a Title V permit, including any provisions designed to 

limit a source’s potential to emit, are enforceable by the Administrator and citizens 

under the Federal Act as well as the Commission. 

2. Notwithstanding Section III.B.1., the Permit Board shall specifically designate as not 

being federally enforceable under the Federal Act, any terms and conditions included 

in the permit that are not required under the Federal Act or under any of its applicable 

requirements. Terms and conditions so designated are not subject to the requirements 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

19

of Section III., IV., or V. of these regulations, other than those contained in Section 

III.B. 

C. Compliance requirements. All Title V permits shall contain elements with respect to 

compliance as follows: 

1. Consistent with Section III.A.3. of this section, compliance certification, testing, 

monitoring, reporting, and recordkeeping requirements sufficient to assure compliance 

with the terms and conditions of the permit. Any document (including reports) 

required by a Title V permit to be submitted to the DEQ shall contain a certification by 

a responsible official that meets the requirements of Section II.E. of these regulations. 

2. Inspection and entry requirements that require that, upon presentation of credentials 

and other documents as may be required by law, the permittee shall allow the DEQ, or 

an authorized representative, to perform the following: 

a. enter upon the permittee’s premises where a Title V source is located or 

emissions-related activity is conducted, or where records must be kept under the 

conditions of the permit; 

b. have access to and copy, at reasonable times, any records that must be kept under 

the conditions of the permit; 

c. inspect at reasonable times any facilities, equipment (including monitoring and air 

pollution control equipment), practices, or operations regulated or required under 

the permit; and 

d. as authorized by the Federal Act, sample or monitor, at reasonable times, 

substances or parameters for the purpose of assuring compliance with the permit 

or applicable requirements. 

3. A schedule of compliance consistent with Section II.C.8. of these regulations. 

4. Progress reports consistent with an applicable schedule of compliance and Section 

II.C.8. of these regulations to be submitted at least semiannually, or at a more frequent 

period if specified in the applicable requirement or by the Permit Board. Such 

progress reports shall contain the following: 

a. dates for achieving the activities, milestone(s), or compliance required in the 

schedule of compliance, and dates when such activities, milestone(s) or 

compliance were achieved; and 

b. an explanation of why any dates in the schedule of compliance were not or will 

not be met, and any preventive or corrective measures adopted. 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

20

5. Requirements for compliance certification with terms and conditions contained in the 

permit, including emission limitations, standards, or work practices. Permits shall 

include each of the following: 

a. the frequency (not less than annually or such more frequent period as specified in 

the applicable requirement or by the Permit Board) of submissions of compliance 

certifications; 

b. in accordance with Section III.A.3. of these regulations, a means for monitoring 

the compliance of the source with its emissions limitations, standards, and work 

practices; 

c. a requirement that the compliance certification include the following: 

(1) the identification of each term or condition of the permit that is the basis of 

the certification; 

(2) the compliance status; 

(3) whether compliance was continuous or intermittent; 

(4) the method(s) used for determining the compliance status of the source, 

currently and over the reporting period consistent with Section III.A.3.; and 

(5) such other facts as the DEQ may require to determine the compliance status 

of the source; 

d. a requirement that all compliance certifications be submitted to the Administrator 

as well as to the Permit Board; and 

e. such additional requirements as may be specified pursuant to Sections 114(a)(3) 

and 504(b) of the Federal Act. 

6. such other provisions as the Permit Board may require. 

D. General permits. 

1. The Permit Board may, after notice and opportunity for public participation provided 

under Section IV.I. of these regulations, issue a general permit covering numerous 

similar sources. Any general permit shall comply with all requirements applicable to 

other Title V permits and shall identify criteria by which sources may qualify for the 

general permit. To sources that qualify, the DEQ shall extend coverage of the terms 

and conditions of the general permit for a period of time not to exceed five years from 

the date coverage is extended. Notwithstanding the shield provisions of Section III.F., 

the source shall be subject to enforcement action for operating without a Title V 

permit if the source is later determined not to qualify for the terms and conditions of 

the general permit. General permits shall not be authorized for affected sources under 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

21

the acid rain program unless otherwise provided in regulations promulgated under 

Title IV of the Federal Act. 

2. After notice and opportunity for a hearing, the Permit Board may revoke and/or 

modify a general permit. After notice and opportunity for a hearing, the Permit Board 

may also revoke or deny coverage under a general permit and require a facility to 

obtain a Title V permit. 

3. Title V sources that would qualify for a general permit must apply to the DEQ for 

coverage under the terms of the general permit or must apply for a Title V permit 

consistent with Section II. of these regulations. The Permit Board may, in the general 

permit, provide for applications which deviate from the requirements of Section II. of 

these regulations, provided that such applications meet the requirements of Title V of 

the Federal Act, and include all information necessary to determine qualification for, 

and to assure compliance with, the general permit. Without repeating the public 

participation procedures required under Section IV.I. of these regulations, the DEQ 

may grant a source’s request for coverage under a general permit, but such a grant 

shall not constitute a final Permit Board action for purposes of appeal only. 

E. Temporary sources. The Permit Board may issue a single permit authorizing emissions 

from similar operations by the same source owner or operator at multiple temporary 

locations. The operation must be temporary and involve at least one change of location 

during the term of the permit. No affected source shall be permitted as a temporary source. 

 Permits for temporary sources shall include the following: 

1. conditions that will assure compliance with all applicable requirements at all 

authorized locations; 

2. requirements that the owner or operator notify the DEQ at least 10 days in advance of 

each change in location; and 

3. conditions that assure compliance with all other provisions of this section. 

F. Permit shield. 

1. Except as provided in these regulations, the Permit Board shall expressly include in a 

Title V permit a provision stating that compliance with the conditions of the permit 

shall be deemed compliance with any applicable requirements as of the date of permit 

issuance, upon satisfaction of either condition as follows: 

a. such applicable requirements are included and are specifically identified in the 

permit; or 

b. the Permit Board, in acting on the permit application or revision, determines in 

writing that other requirements specifically identified are not applicable to the 

source, and the permit includes such determination or a concise summary thereof. 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

22

2. Nothing in Section III.F. or in any Title V permit shall alter or affect the following: 

a. the provisions of Section 303 of the Federal Act (emergency orders), including 

the authority of the Administrator under that section; 

b. the liability of an owner or operator of a source for any violation of applicable 

requirements prior to or at the time of permit issuance; 

c. the applicable requirements of the acid rain program, consistent with Section 

408(a) of the Federal Act; or 

d. the ability of EPA to obtain information from a source pursuant to Section 114 of 

the Federal Act. 

G. Emergency provision. 

1. Definition. An “emergency” means any situation arising from sudden and reasonably 

unforeseeable events beyond the control of the source, including acts of God, which 

situation requires immediate corrective action to restore normal operation, and that 

causes the source to exceed a technology-based emission limitation under the permit, 

due to unavoidable increases in emissions attributable to the emergency. An 

emergency shall not include noncompliance to the extent caused by improperly 

designed equipment, lack of preventative maintenance, careless or improper operation, 

or operator error. 

2. Effect of any emergency. An emergency constitutes an affirmative defense to an 

action brought for noncompliance with such technology-based emission limitations if 

the conditions of Section III.G.3. are met. 

3. The affirmative defense of emergency shall be demonstrated through properly signed 

contemporaneous operating logs, or other relevant evidence that include information 

as follows: 

a. an emergency occurred and that the permittee can identify the cause(s) of the 

emergency; 

b. the permitted facility was at the time being properly operated; 

c. during the period of the emergency the permittee took all reasonable steps to 

minimize levels of emissions that exceeded the emission standards, or other 

requirements in the permit; and 

d. the permittee submitted notice of the emergency to the DEQ within 2 working 

days of the time when emission limitations were exceeded due to the emergency. 

This notice fulfills the requirement of Section III.A.3.c.(2). This notice must 

contain a description of the emergency, any steps taken to mitigate emissions, and 

corrective actions taken. 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

23

4. In any enforcement proceeding, the permittee seeking to establish the occurrence of an 

emergency has the burden of proof. 

5. This provision is in addition to any emergency or upset provision contained in any 

applicable requirement. 

H. Risk Management Plans. If the source is required to develop and register a risk 

management plan pursuant to Section 112(r) of the Act, the permit need only specify that it 

will comply with the requirement to register such a plan. The content of the risk 

management plan need not itself be incorporated as a permit term. 

IV. PERMIT ISSUANCE(S), RENEWAL(S), REOPENING(S), AND REVISION(S) 

A. Action on application. 

1. A permit, permit modification, or renewal may be issued only upon satisfaction of the 

conditions that follow: 

a. the DEQ has received a complete application for a permit, permit modification, or 

permit renewal, except that a complete application need not be received before 

issuance of a general permit under Section III.D. of these regulations; 

b. except for modifications qualifying for minor permit modification procedures 

under this section, the DEQ has complied with the requirements for public 

participation under this section; 

c. the DEQ has complied with the requirements for notifying and responding to 

Affected State(s) under Section V.B. of these regulations; 

d. the conditions of the permit provide for compliance with all applicable 

requirements and the requirements of these regulations; and 

e. the Administrator has received a copy of the proposed permit and any notices 

required under Section V.A. and B. of these regulations, and has not objected to 

issuance of the permit under Section V.C. of these regulations within the time 

period specified therein. 

2. Except as provided under the initial transition plan or under regulations promulgated 

under Title IV or Title V of the Federal Act for the permitting of affected sources 

under the acid rain program, the Permit Board shall take final action on each permit 

application (including a request for permit modification or renewal) within 180 days or 

as otherwise provided for under State Law, after receiving a complete application. 

3. The DEQ shall provide a statement that sets forth the legal and factual basis for the 

draft permit conditions (including references to the applicable statutory or regulatory 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

24

provisions). The DEQ shall send this statement to any person upon a written request 

and to EPA. 

4. The submittal of a complete application shall not affect the requirement that any 

source have a Construction Permit. 

B. Requirement for a permit. Except as provided in the following sentence, and paragraphs of 

this section, no Title V source may operate after the time that it is required to submit a 

timely and complete application, except in compliance with a Title V permit. If a Title V 

source submits a timely and complete application for permit issuance (including for 

renewal), the source’s failure to have a Title V permit is not a violation of these regulations 

until the Permit Board takes final action on the permit application, except as noted in this 

section. This protection shall cease to apply if, subsequent to the completeness 

determination made pursuant to Section II.A.2., and as required by Section II.A.2. of these 

regulations, the applicant fails to submit by the deadline specified in writing by the DEQ 

any additional information identified as being needed to process the application. 

C. Permit renewal and expiration. 

1. Permits being renewed are subject to the same procedural requirements, including 

those for public participation, Affected State(s) review and EPA review, that apply to 

initial permit issuance; and 

2. Permit expiration terminates the source’s right to operate unless a timely and complete 

renewal application has been submitted consistent with Section IV.B. and 

Section II.A.1.c. of these regulations. 

D. Administrative permit amendments. 

1. An “administrative permit amendment” is a permit revision that revises a permit as 

follows: 

a. corrects typographical errors; 

b. identifies a change in the name, address, or phone number of any person 

identified in the permit, or provides a similar minor administrative change at the 

source; 

c. requires more frequent monitoring or reporting by the permittee; and, 

d. allows for a change in ownership or operational control of a source in accordance 

with Section IV.D.4. 

2. Administrative permit amendments for purposes of the acid rain portion of the permit 

shall be governed by regulations promulgated under Title IV of the Federal Act. 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

25

3. Administrative permit amendment procedures. Any administrative permit amendment 

except for change in ownership or operational control may be made by the DEQ 

consistent with the following: 

a. The DEQ shall take no more than 60 days from receipt of a request for an 

administrative permit amendment to take final action on such request, and may 

incorporate such changes without providing notice to the public or Affected 

State(s) provided that it designates any such permit revisions as having been made 

pursuant to this paragraph. 

b. The DEQ shall submit a copy of the revised permit to the Administrator. 

c. The source may implement the changes addressed in the request for an 

administrative amendment immediately upon submittal of the request. 

4. Permit Transfer. An administrative permit amendment may be made by the Permit 

Board authorizing changes in ownership or operational control consistent with the 

following: 

a. the Permit Board shall take action within 60 days after receipt of a completed 

request for a permit transfer, unless a public hearing is scheduled. The Permit 

Board may incorporate such changes without providing notice to the public or 

Affected State(s) provided that it designates any such permit revision as having 

been made pursuant to this paragraph. 

b. A permit transfer shall be approved upon satisfaction of the following: 

(1) the applicant for transfer approval can demonstrate to the Permit Board it has 

the financial resources, operational expertise and environmental compliance 

history over the last five years to insure compliance with the terms and 

conditions of the permit to be transferred except where this conflicts with 

State Law, and 

(2) the Permit Board determines that no other change in the permit is necessary, 

provided that a written agreement containing a specific date for transfer of 

permit responsibility, coverage, and liability between the current and new 

permittee has been submitted to the DEQ. 

c. The DEQ shall submit a copy of the revised permit to the Administrator. 

E. Permit Modification. A permit modification is any revision to a Title V permit that cannot 

be accomplished under the program’s provisions for administrative permit amendments 

under Section IV.D. A permit modification for purposes of the acid rain portion of the 

permit shall be governed by regulations promulgated under Title IV of the Federal Act. 

1. Minor permit modification procedures. 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

26

a. Minor permit modification procedures may be used only for those permit 

modifications that satisfy the following: 

(1) do not violate any applicable requirement; 

(2) do not involve significant changes to existing monitoring, reporting, or 

recordkeeping requirements in the permit; 

(3) do not require or change a case-by-case determination of an emission 

limitation or other standard, or a source-specific determination for temporary 

sources of ambient impacts, or a visibility or increment analysis; 

(4) do not seek to establish or change a permit term or condition for which there 

is no corresponding underlying applicable requirement and that the source 

has assumed to avoid an applicable requirement to which the source would 

otherwise be subject. Such terms and conditions include the following: 

(a) a federally enforceable emissions cap assumed to avoid classification as 

a modification under any provision of Title I; and 

(b) an alternative emissions limit approved pursuant to regulations 

promulgated under Section 112(i)(5) of the Federal Act; 

(5) are not modifications under any provision of Title I of the Federal Act; and 

(6) are not required by Commission regulations to be processed as a significant 

modification. 

b. Notwithstanding other paragraphs of this section, minor permit modification 

procedures may be used for permit modifications involving the use of economic 

incentives, marketable permits, emissions trading, and other similar approaches, 

to the extent that such minor permit modification procedures are explicitly 

provided for in an applicable implementation plan or in applicable requirements 

promulgated by EPA. 

c. Application. An application requesting the use of minor permit modification 

procedures shall meet the requirements of Section II.C. of these regulations and 

shall include the following: 

(1) a description of the change, the emissions resulting from the change, and any 

new applicable requirements that will apply if the change occurs; 

(2) the source’s suggested draft permit; 

(3) certification by a responsible official, that the proposed modification meets 

the criteria for use of minor permit modification procedures and a request 

that such procedures be used; and 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

27

(4) completed forms for the DEQ to use to notify the Administrator and Affected 

State(s) as required under Section V. 

d. EPA and Affected State(s) notification. Within 5 working days of receipt of a 

complete permit modification application, the DEQ shall notify the Administrator 

and Affected State(s) of the requested permit modification. The DEQ shall 

promptly send any notice required to the Administrator. 

e. Timetable for issuance. The Permit Board may not issue a final permit 

modification until after EPA’s 45-day review period or until EPA has notified the 

DEQ that EPA will not object to issuance of the permit modification, whichever is 

first, although the Permit Board can approve the permit modification prior to that 

time. Within 90 days of the DEQ’s receipt of an application under minor permit 

modification procedures or 15 days after the end of the Administrator’s 45-day 

review period under Section V.C., whichever is later, the Permit Board shall take 

one of the actions as follows: 

(1) issue the permit modification as proposed; 

(2) deny the permit modification application; 

(3) determine that the requested modification does not meet the minor permit 

modification criteria and should be reviewed under the significant 

modification procedures; or 

(4) revise the draft permit modification and transmit to the Administrator the 

new proposed permit modification as required by these regulations. 

f. Source’s ability to make change. The source may make the change proposed in 

its minor permit modification application immediately after it files such 

application. After the source makes the change allowed by the preceding 

sentence, and until the Permit Board takes any of the actions specified in 

Section IV.E.1.e.(1)-(4), the source must comply with both the applicable 

requirements governing the change and the proposed terms and conditions of the 

permit. During this time period, the source need not comply with the existing 

permit terms and conditions it seeks to modify. However, if the source fails to 

comply with the proposed terms and conditions of its permit during this time 

period, the existing permit terms and conditions it seeks to modify may be 

enforced against it. 

g. Permit shield. The permit shield does not extend to minor permit modifications. 

2. Group processing of minor permit modifications. Consistent with this paragraph, the 

Permit Board may modify the procedure to process groups of a source’s applications 

for certain modifications eligible for minor permit modification processing. 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

28

a. Criteria. Group processing of modifications may be used only for those permit 

modifications which satisfy the following: 

(1) meet the criteria for minor permit modification procedures and 

(2) collectively, are below the threshold level. This threshold shall be 10 percent 

of the emissions allowed by the permit for the emissions unit for which the 

change is requested, 20 percent of the applicable definition of major source 

or 5 tons per year, whichever is least. 

b. Application. An application requesting the use of group processing procedures 

shall meet the requirements of Section II.C. and shall include the following: 

(1) a description of the change, the emissions resulting from the change, and any 

new applicable requirements that will apply if the change occurs; 

(2) the source’s suggested draft permit; 

(3) certification by a responsible official consistent with Section II.E., that the 

proposed modification meets the criteria for use of group processing 

procedures and a request that such procedures be used; 

(4) a list of the source’s other pending applications awaiting group processing, 

and a determination of whether the requested modification, aggregated with 

these other applications, equals or exceeds the threshold set under this 

section; 

(5) certification that the source has notified EPA of the proposed modification. 

Such notification need only contain a brief description of the requested 

modification; 

(6) completed forms for the DEQ to use to notify the Administrator and Affected 

State(s) as required. 

c. EPA and Affected State(s) notification. On a quarterly basis or within 5 business 

days of receipt of an application demonstrating that the aggregate of a source’s 

pending applications equals or exceeds the threshold level, whichever is earlier, 

the DEQ promptly shall notify the Administrator and Affected State(s) of the 

requested permit modifications. The DEQ shall send any notice required under 

these regulations to the Administrator. 

d. Timetable for issuance. The provisions of this section shall apply to 

modifications eligible for group processing, except that the Permit Board shall 

take one of the actions specified in Section IV.E.1.e.(1)-(4) within 180 days of 

receipt of the application or 15 days after the end of the Administrator’s 45-day 

review period whichever is later. 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

29

e. Source’s ability to make change. The provisions of Section IV.E.1.f. shall apply 

to modifications eligible for group processing. 

f. Permit shield. The provisions of Section IV.E.1.g. of this section shall also apply 

to modifications eligible for group processing. 

3. Significant modification procedures. 

a. Criteria. Significant modification procedures shall be used for applications 

requesting permit modifications that do not qualify as minor permit modifications 

or as administrative amendments. The DEQ shall determine whether a 

modification is significant. At a minimum, every significant modification in 

existing monitoring permit terms or conditions and every relaxation of reporting 

or recordkeeping permit terms or conditions shall be considered significant. 

b. Significant permit modifications shall meet all requirements of these regulations, 

including those for applications, public participation, review by Affected State(s), 

and review by EPA, as they apply to permit issuance and permit renewal. 

F. Operational Flexibility. A permitted facility is authorized to make the changes described 

below within their facility without requiring a permit revision, if the changes are not 

modifications under any provision of Title I of the Act and the changes do not exceed the 

emissions allowable under the permit (whether expressed therein as a rate of emissions or 

in terms of total emissions): Provided that the facility provides the Administrator and the 

Department with written notification as required below in advance of the proposed 

changes, which shall be a minimum of seven (7) days, unless other applicable regulations 

specify a different time frame for emergencies. The source, Department, and EPA shall 

attach each such notice to their copy of the relevant permit. 

1. The permitted sources are allowed to make Section 502(b)(10) changes without 

requiring a permit revision, if the changes are not modifications under any provision of 

Title I of the Act and the changes do not exceed the emissions allowable under the 

permit (whether expressed therein as a rate of emissions or in terms of total 

emissions). 

a. For each such change, the written notification required above shall include a brief 

description of the change within the permitted facility, the date on which the 

change will occur, any change in emissions, and any permit term or condition that 

is no longer applicable as a result of the change. 

b. The permit shield described in Section III.F. shall not apply to any change made 

pursuant to Section IV.F.1. 

2. The Department may provide for permitted sources to trade increases and decreases in 

emissions in the permitted facility, where the Mississippi State Implementation Plan 

(SIP) provides for such emissions trades without requiring a permit revision and based 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

30

on the 7-day notice prescribed herein. This provision is available in those cases where 

the permit does not already provide for such emissions trading. 

a. The written notification required above shall include such information as may be 

required by the provision in the SIP authorizing the emissions trade, including at a 

minimum, when the proposed change will occur, a description of each such 

change, any change in emissions, the permit requirements with which the source 

will comply using the emissions trading provisions of the SIP, and the pollutants 

emitted subject to the emissions trade. The notice shall also refer to the 

provisions with which the source will comply in the SIP and that provide for the 

emissions trade. 

b. Compliance with the permit requirements that the source will meet using the 

emissions trade shall be determined according to requirements of the SIP 

authorizing the emissions trade. 

c. The permit shield described in Section III.F. shall not apply to any change made 

pursuant to Section IV.F.2. 

3. The Department shall, if a permit applicant requests it, issue permits that contain terms 

and conditions, including all terms required under Section III.A. and C. to determine 

compliance, allowing for the trading of emissions increases and decreases in the 

permitted facility solely for the purpose of complying with a federally-enforceable 

emissions cap that is established in the permit independent of otherwise applicable 

requirements. The permit applicant shall include in its application proposed replicable 

procedures and permit terms that ensure the emissions trades are quantifiable and 

enforceable. The Department shall not be required to include in the emissions trading 

provisions any emissions units for which emissions are not quantifiable or for which 

there are no replicable procedures to enforce the emissions trades. The permit shall 

also require compliance with all applicable requirements. 

a. The written notification required above shall state when the change will occur and 

shall describe the changes in emissions that will result and how these increases 

and decreases in emissions will comply with the terms and conditions of the 

permit. 

b. The permit shield described in Section III.F. shall apply to any changes made 

pursuant to Section IV.F.3. 

G. Reopening for cause. 

1. Each issued permit shall include provisions specifying the conditions under which the 

permit will be reopened prior to the expiration of the permit. A permit shall be 

reopened and revised under any of the following circumstances: 

a. Additional applicable requirements under the Federal Act become applicable to a 

major Title V source with a remaining permit term of 3 or more years. Such a 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

31

reopening shall be completed not later than 18 months after promulgation of the 

applicable requirement. No such reopening is required if the effective date of the 

requirement is later than the date on which the permit is due to expire, unless the 

original permit or any of its terms and conditions has been extended. 

b. Additional requirements (including excess emissions requirements) become 

applicable to an affected source under the acid rain program. Upon approval by 

the Administrator, excess emissions offset plans shall be deemed to be 

incorporated into the permit. 

c. The Permit Board or EPA determines that the permit contains a material mistake 

or that inaccurate statements were made in establishing the emissions standards or 

other terms or conditions of the permit. 

d. The Administrator or the Permit Board determines that the permit must be revised 

or revoked to assure compliance with the applicable requirements. 

2. Proceedings to reopen and issue a permit shall follow the same procedures as apply to 

initial permit issuance and shall affect only those parts of the permit for which cause to 

reopen exists. Such reopening shall be made as expeditiously as practicable. 

3. Reopenings shall not be initiated before a notice of such intent is provided to the Title 

V source by the DEQ at least 30 days in advance of the date that the permit is to be 

reopened, except that the Permit Board may provide a shorter time period in the case 

of an emergency. 

H. Reopenings for cause by EPA. 

1. The DEQ shall within 90 days after receipt of notification from the Administrator that 

cause exists to terminate, modify, or revoke and reissue a permit, forward to EPA a 

proposed determination of termination, modification, or revocation and reissuance, as 

appropriate. 

2. The Permit Board shall have 90 days from receipt of an EPA objection to resolve any 

objection that EPA makes and to terminate, modify, or revoke and issue the permit in 

accordance with the Administrator’s objection. 

I. Public participation. Except for administrative permit amendments and modifications 

qualifying for minor permit modification procedures, all permit proceedings, including 

initial permit issuance, significant modifications, and renewals, shall provide adequate 

procedures for public notice including offering an opportunity for public comment and a 

hearing on the draft permit. These procedures shall include the following: 

1. Notice shall be given by publication in a newspaper of general circulation in the area 

where the source is located or in a State publication designed to give general public 

notice; to persons on a mailing list developed by the DEQ, including those who 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

32

request in writing to be on the list; and by other means if necessary to assure adequate 

notice to the affected public; 

2. The notice shall identify the affected facility; the name and address of the permittee; 

the name and address of the Permit Board; the activity or activities involved in the 

permit action; the emissions change involved in any permit modification; the name, 

address, and telephone number of a person from whom interested persons may obtain 

additional information, including copies of the permit draft, the application, all 

relevant supporting materials, and all other materials available to the Permit Board that 

are relevant to the permit decision; a brief description of the comment procedures 

required by these regulations; and the time and place of any hearing that may be held, 

including a statement of procedures to request a hearing (unless a hearing has already 

been scheduled); 

3. The DEQ shall provide notice and opportunity for participation by Affected State(s) as 

is provided for by Section V. 

4. Timing. The DEQ shall provide at least 30 days for public comment and shall give 

notice of any public hearing at least 30 days in advance of the hearing. 

5. The DEQ shall keep a record of all commenters and also of the issues raised during the 

public participation process. Such records shall be available to the public. 

V. PERMIT REVIEW BY EPA AND AFFECTED STATE(S) 

A. Transmission of information to the Administrator. 

1. The DEQ shall provide to the Administrator a copy of each permit application 

(including any application for permit modification), each proposed permit and each 

final Title V permit. The applicant may be required by the Permit Board to provide a 

copy of the permit application (including the compliance plan) directly to the 

Administrator. Upon agreement with the Administrator, the DEQ may submit to the 

Administrator a permit application summary form and any relevant portion of the 

permit application and compliance plan, in place of the complete permit application 

and compliance plan. To the extent practicable, the preceding information shall be 

provided in computer-readable format compatible with EPA’s national database 

management system. 

2. The DEQ shall keep such records for 5 years and submit to the Administrator such 

information as the Administrator may reasonably require. 

B. Review by Affected State(s). 

1. The DEQ shall give notice of each draft permit to any Affected State(s) on or before 

the time that the DEQ provides this notice to the public. 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

33

2. As part of the submittal of the proposed permit to the Administrator (or as soon as 

possible after the submittal for minor permit modification procedure), the DEQ shall 

notify the Administrator and any Affected State(s) in writing of any refusal by the 

Permit Board to accept all recommendations for the proposed permit that the Affected 

State(s) submitted during the public or Affected State(s) review period. The notice 

shall include the Permit Board’s reasons for not accepting any such recommendation. 

The Permit Board is not required to accept recommendations that are not based on 

applicable requirements or the requirements of these regulations. 

C. EPA objection. 

1. No permit for which an application must be transmitted to the Administrator shall be 

issued if the Administrator objects to its issuance in writing within 45 days of receipt 

of the proposed permit and all necessary supporting information. 

2. The DEQ shall within 90 days after the date of an objection revise and submit a 

proposed permit in response to the objection. 

D. Public petitions to the Administrator. 

If the Administrator objects to the permit as a result of a petition filed within 60 days after 

the expiration of the Administrator’s 45-day review period to make such objection when no 

objection was made during that 45-day review period, the Permit Board shall not issue the 

permit until EPA’s objection has been resolved, except that a petition for review does not 

stay the effectiveness of a permit or its requirements if the permit was issued after the end 

of the 45-day review period and prior to an EPA objection. If the Permit Board has issued 

a permit prior to receipt of an EPA objection under this paragraph and the Administrator 

modifies, terminates, or revokes such permit, the Permit Board may thereafter issue only a 

revised permit that satisfies EPA’s objection. In any case, the source will not be in 

violation of the requirement to have submitted a timely and complete application. 

E. Prohibition on default issuance. A Title V permit (including a permit renewal or 

modification) will not issue until Affected State(s) and EPA have had an opportunity to 

review the proposed permit as required. 

VI. PERMIT FEES 

A. Fee Amounts. The owner or operator of any stationary source that is required to hold a 

Title V permit shall pay to the Department of Environmental Quality an annual permit fee. 

The Commission shall establish the amount of each fee to cover the permit program costs. 

The fee shall be deposited into the Air Operating Permit Program Fee Trust Fund. 

1. For purposes of fee assessment and collection, the maximum emission rate of each 

pollutant used in the calculation of fees shall be four thousand (4,000) tons per year 

per facility. 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

34

2. For purposes of fee assessment and collection, the permit holder shall elect for actual 

or allowable emissions to be used in determining the annual quantity of emissions 

unless the Commission determines by order that the method chosen by the applicant 

for calculating actual emissions fails to reasonably represent actual emissions. 

a. In electing to use actual emissions as the basis of the fee, the permit holder shall 

provide a report of actual emissions which complies with the following: 

(1) At a minimum, the report of actual emissions shall consist of an inventory of 

the actual emissions summarized on a form supplied by the Department of 

Environmental Quality for that purpose and of supporting information as 

appropriate and necessary for proper use of one or more of the emissions 

determination methods described in (6) below. 

(2) The permit holder shall deliver the report of actual emissions to the 

Department of Environmental Quality by close of business on July 1 of each 

year. If the report of actual emissions is not received by the Department by 

close of business on July 1, allowable emissions shall be used by the 

Department to calculate the fee for the pertinent annual period. 

(3) The emissions reported shall be the actual emissions determined for and only 

for the previous calendar year. 

(4) The total annual actual emissions shall be expressed in tons/year for each 

pollutant specified on the form. If the total annual emissions value of any 

pollutant is left blank or is reported only by reference to another document, 

the allowable emissions for that pollutant shall be used in calculation of the 

fee. 

(5) The emissions reporting form shall be signed in the original by the facility’s 

responsible official. 

(6) Actual emissions shall be calculated using emission monitoring data or direct 

emissions measurements for the pollutant(s); mass balance calculations such 

as the amount of the pollutant(s) entering and leaving process equipment and 

where mass balance calculations can be supported by direct measurement of 

process parameters, such direct measurement data shall be supplied; 

published emission factors such as those relating release quantities to 

throughput or equipment type (e.g., air emission factors); or other approaches 

such as engineering calculations (e.g., estimating volatilization using 

published mathematical formulas) or best engineering judgments where such 

judgments are derived from process and/or emission data which supports the 

estimates of maximum actual emissions. 

(7) If the Commission determines that there is not sufficient information 

available to the permit holder regarding the facility’s emissions to allow the 

permit holder accurately to calculate actual emissions by July 1, the 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

35

calculation of the permit holder’s fee initially shall be based on the permitted 

allowable emissions. If, after July 1, sufficient information becomes 

available and an adequate determination of actual emissions is made by the 

permit holder and approved by the Department, the Department shall modify 

the permit holder’s annual fee as follows: 

i. For approvable actual emissions reported after July 1 but before October 

1, the permit holder’s total annual fee shall be the sum of one-fourth of 

the fee based on allowable emissions and three-fourths of the fee based 

on actual emissions. 

ii. For approvable actual emissions reported after October 1 but before 

January 1, the permit holder’s total annual fee shall be the sum of onehalf of the fee based on allowable emissions and one-half of the fee 

based on actual emissions. 

iii. For approvable actual emissions reported after January 1 but before 

April 1, the permit holder’s total annual fee shall be the sum of threefourths of the fee based on allowable emissions and one-fourth of the fee 

based on actual emissions. 

iv. For approvable actual emissions reported after April 1, the permit 

holder’s total annual fee shall be based solely on allowable emissions. 

This paragraph shall not apply to situations where adequate information was 

available to the permit holder in order for a calculation to be submitted by 

July 1 and no adequate calculation was submitted. That circumstance shall 

be governed by VI.A.2.a.(2) above. This paragraph shall not alter a permit 

holder’s responsibility to make payments of appropriate sums in a timely 

fashion as otherwise required by this section and by law and shall not exempt 

any permit holder from paying a penalty for late fee payment. 

b. For facilities using allowable emissions as the basis for the fee, the fee shall be 

calculated based upon the allowable emissions contained in the permit on the date 

of the invoice. Allowable emissions contained in the permit include emissions of 

air pollutants not limited by the permit and therefore not listed in the permit (but 

allowed by the permit) as well as those air pollutant emissions limited by the 

permit. No fee actually paid to the Department shall be refunded due to a change 

of the basis of the fee calculation from allowable emissions to actual emissions. 

If a fee calculated based on allowable emissions is later recalculated to a fee based 

in whole or in part on actual emissions, and the facility already has paid part or all 

of the annual period fee, then the annual period fee may be reduced down to the 

amount as calculated, but no less than the amount of the fee already paid to the 

Department for that annual period. 

3. A minimum annual fee of Two Hundred Fifty Dollars ($250.00) shall be assessed to 

and collected from the owner or operator of each facility that is required to hold a Title 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

36

V permit. The maximum annual fee shall be Two Hundred Fifty Thousand Dollars 

($250,000.00) per facility. 

4. Prior to the date of full implementation of the Title V program in Mississippi, the fee 

assessed shall be Four Dollars ($4.00) per ton of emissions of each air pollutant for 

which fees can be assessed under the Title V program, not to exceed Fifty Thousand 

Dollars ($50,000.00) per facility with the exceptions as follows: 

a. no fee shall be assessed for carbon monoxide emissions, and 

b. no fee shall be assessed for emissions of Class I or Class II substances as 

established by Title VI of the Federal Act. 

5. Following the date of full implementation of the Title V program in Mississippi, the 

regulated pollutants for fee calculations and the fee schedule for Title V permit fees 

for any subsequent calendar year shall be set by order of the Commission in an amount 

sufficient to cover the permit program cost. The Commission’s order shall follow: 

a. receipt of the report and recommendations of the Advisory Council; and 

b. a public hearing to be held not earlier than thirty (30) days following receipt by 

the Commission of the report and recommendations of the Advisory Council. The 

commission may proceed with entry of the order on fees if the Advisory Council 

fails to submit its report in a timely manner. 

6. Following the date of full implementation of Title V in this state, all new sources 

required to hold a Title V permit shall pay an annual permit fee to the DEQ in 

accordance with the following: 

a. any new source commencing operation between and including January 1 and 

September 1 of any year shall pay a Title V permit fee on or before September 1 

of the year it commences operation; 

b. any new source commencing operation between and including September 2 and 

December 31 of any year shall pay a Title V permit fee on or before September 1 

of the year after it commences operation; and 

c. any new source shall submit to DEQ a declaration of its emissions on or before 

the first July 1 after it commences operation. 

B. Excess Fees. If the annual fees collected exceed the cost of administering the Title V 

program for that fiscal year, then the excess shall be applied to the cost of administering the 

program for the succeeding fiscal year. In the succeeding fiscal year, the total to be 

collected from fees shall be reduced by the excess retained in the fund and the assessment 

rates shall be adjusted proportionately. 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

37

C. Disputed Fees. Any owner or operator required to pay the Title V permit fee set forth 

under this chapter who disagrees with the calculation or applicability of the owner’s or 

operator’s fee may petition the Commission in writing for a hearing in accordance with 

State Law. Any disputed portion of the fee for which a hearing has been requested will not 

incur any penalty or interest from and after the receipt by the Commission of the hearing 

petition. 

D. Due Dates. The air operating permit fee shall be due September 1 of each year. A permit 

holder may elect a quarterly payment method of four (4) equal payments with the payments 

due September 1, December 1, March 1 and June 1. The permit holder shall notify the 

Department of Environmental Quality that the quarterly payment method will be used by 

September 1. 

1. If any part of the air operating permit fee imposed is not paid within thirty (30) days 

after the due date, a penalty of ten percent (10%) of the amount due shall at once 

accrue and be added thereto. If the fee is not paid in full, including any interest and 

penalty within sixty (60) days of the due date, the Permit Board may revoke the permit 

upon proper notice and hearing as required by law. 

2. If at any time within the year the Commission determines that the information 

submitted by the permittee on actual emissions is insufficient or incorrect, the 

permittee will be notified of the deficiencies and the adjusted fee schedule. Past due 

fees from the adjusted fee schedule will be paid on the next scheduled quarterly 

payment time. 

VII. INSIGNIFICANT ACTIVITIES AND EMISSIONS 

A. The following activities/emissions sources are not required to be included in a Title V 

permit application: 

1. new or modified pilot plants, subject to temporary source regulations located in 

Section III.E. 

2. maintenance and upkeep: 

a. maintenance, structural changes, or repairs which do not change the capacity of 

such process, fuel-burning, refuse-burning, or control equipment, and do not 

involve any change in quality, nature, or quantity of potential emissions of any 

regulated air pollutants; and 

b. housekeeping activities or building maintenance procedures; 

3. air conditioning or ventilation: comfort air conditioning or comfort ventilating systems 

which do not transport, remove, or exhaust regulated air pollutants to the atmosphere; 

4. laboratory equipment: 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

38

a. laboratory equipment used exclusively for chemical or physical analysis for 

quality control or environmental monitoring purposes; or 

b. non-production laboratory equipment used at non-profit health or non-profit 

educational institutions for chemical or physical analyses, bench scale 

experimentation or training, or instruction; 

5. hot water heaters which are used for domestic purposes only and are not used to heat 

process water; 

6. fuel use related to food preparation by a restaurant, cafeteria, residential cooker or 

barbecue grill where the products are intended for human consumption; 

7. clerical activities such as operating copy machines and document printers, except 

operation of such units on a commercial basis; 

8. hand held equipment used for buffing, polishing, carving, cutting, drilling, machining, 

routing, sanding, sawing, surface grinding, or turning of ceramic art work, precision 

parts, leather, metals, plastics, fiber board, masonry, carbon, glass, or wood; 

9. equipment for washing or drying fabricated glass or metal products, if no VOCs are 

used in the process and no oil or solid fuel is burned; 

10. water cooling towers (except at nuclear power plants); water treatment systems for 

process cooling water or boiler feed water; and water tanks, reservoirs, or other water 

containers not used in direct contact with gaseous or liquid process streams containing 

carbon compounds, sulfur compounds, halogens or halogen compounds, cyanide 

compounds, inorganic acids, or acid gases; 

11. domestic sewage treatment facilities (excluding combustion or incineration equipment, 

land farms, storage silos for dry material, or grease trap waste handling or treatment 

facilities); 

12. stacks or vents to prevent escape of sewer gases through plumbing traps; 

13. vacuum cleaning systems for housekeeping, except at a source with hazardous air 

pollutants; 

14. alkaline/phosphate washers and associated cleaners and burners; 

15. mobile sources; 

16. livestock and poultry feedlots and associated fuel burning equipment other than 

incinerators; 

17. outdoor kerosene heaters; 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

39

18. equipment used for hydraulic or hydrostatic testing; 

19. safety devices, excluding those with continuous emissions; and 

20. brazing, soldering, or welding equipment that is used intermittently or in a noncontinuous mode. 

B. The following activities/emissions sources must be listed in the application but emissions 

from these activities do not have to be quantified. 

1. all gas fired, #2 oil fired, infrared, electric ovens with no emissions other than products 

of fuel combustion; 

2. combustion units with rated input capacity less than 10 million Btu/hr that are fueled 

by: 

a. liquefied petroleum gas or natural gas supplied by a public utility; or 

b. commercial fuel oil #2 or lighter; 

3. equipment used for inspection of metal products; 

4. equipment used exclusively for forging, pressing, drawing, spinning, or extruding 

metals; 

5. equipment used exclusively to mill or grind coatings and molding compounds where 

all materials charged are in paste form; 

6. mixers, blenders, roll mills, or calendars for rubber or plastics for which no materials 

in powder form are added and in which no organic solvents, diluents, or thinners are 

used; 

7. all storage tanks used exclusively to store fuel oils, kerosene, diesel, jet fuel, crude oil, 

natural gas, or liquified petroleum gas (the application must list the size of the tank, 

date constructed and/or modified, type tank, and material stored); 

8. space heaters utilizing natural or LPG gas and used exclusively for space heating; 

9. back-up or emergency use generators, boilers or other fuel burning equipment which is 

of equal or smaller capacity than normal main operating equipment, cannot be used in 

conjunction with normal main operating equipment, and does not emit, have or cause 

the potential to emit of any regulated air pollutant to increase; 

10. blast cleaning equipment using a suspension of abrasives in water; 

11. die casting machines; 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

40

12. foundry sand mold forming equipment to which no heat is applied and from which no 

organics are emitted; 

13. bark and wood-waste storage and handling; 

14. log wetting areas; 

15. log flumes; 

16. sodium hydrosulfide storage tank; 

17. smelt dissolving tank view ports; 

18. spout cooling water storage; 

19. effluent drains; 

20. white water chest; 

21. repulper vents; 

22. clay storage tank; 

23. alum storage tank; 

24. starch storage tank; 

25. steam vents and leaks; 

26. deaerator vents; 

27. mill air and instrument air system; 

28. demineralizer water storage tank; 

29. acid storage tank; 

30. process water tank; 

31. air purification system vents; 

32. effluent neutralizing tank/system; 

33. dregs washer; 

34. lime silo; 
APC-S-6, Title V Permit Regulations 

Proposed Amendments September 13, 2010 

41

35. lime mud mix tank; 

36. lime mud slurry tank; 

37. H2O2 storage tank; 

38. green liquor tank; and 

39. tall oil storage tank. 

C. Notwithstanding Sections VII.A. and B. above, the applicant shall include all emissions 

sources and quantify emissions if needed to determine major source status, to determine 

compliance with an applicable requirement and/or the applicability of any applicable 

requirement such as a NSPS, NESHAP, MACT standard, etc. as such term is defined in 

Section I., or collect any permit fee owed under the approved fee schedule. 

D. Notwithstanding Sections VII.A. and B. above, the applicant shall include all emission 

sources with a potential to emit: 

1. greater than 1 pound per hour of any regulated pollutant that is not a hazardous air 

pollutant, or is not a GHG; 

2. greater than 0.1 pound per hour of any hazardous air pollutant. 

E. The permittee does not have to report the addition of any insignificant activity listed in 

Section VII.A. unless the addition is a Title I modification or requires a permit to construct 

 If a Title I permit or a permit to construct is required, then the modification procedures 

outlined in Section IV.E. shall be followed. 

F. The addition of any insignificant activity listed in Section VII.B. shall be handled as an 

administrative amendment as defined in Section IV.D. unless the addition is a Title I 

modification or requires a permit to construct. If a Title I permit or a permit to construct is 

required, then the modification procedures outlined in Section IV.E. shall be followed. 
SUPPORT DOCUMENT FOR 

Mississippi Department of Environmental Quality 

Office of Pollution Control’s 

Proposed Amendments to “Air Emissions Operating Permit Regulations for the 

Purposes of Title V of the Federal Clean Air Act”, APC-S-6 

Regarding Requirements of the Federal Tailoring Rule for Greenhouse Gases 

This amendment to the State of Mississippi’s “Air Emissions Operating Permit 

Regulations for the Purposes of Title V of the Federal Clean Air Act”, APC-S-6 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 

level thresholds of greenhouse gas (GHG) emissions subject to the Title V regulations. 

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

Title V regulation to be consistent with EPA’s tailoring rule to include additional 

thresholds of 100,000 tons per year of GHGs for Title V major source applicability based 

on carbon dioxide equivalent emissions. 

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

that would occur if GHGs are regulated at the current Title V major source applicability 

level of 100 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. 
• 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 Title V source applicability level of 100 tons per year, the EPA 

projected that millions of additional Title V 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 Title V 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 

Title V program (i.e., newly constructed or existing major sources for a pollutant 

other than GHGs) would be subject to title V requirements for GHGs. 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, operating permit requirements 

will, for the first time, apply to sources based on their GHG emissions even if they 

would not apply based on emissions of any other pollutant. Facilities that emit at 

least 100,000 tpy CO2e will be subject to title V permitting requirements.