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, 2010APC-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 FO R 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 EXIS TING HOSPITAL/MEDICAL/INFECTIOUS

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

SECTION 13: PROVISIONS FOR EXIS TING COMMERCIAL AND INDUSTRIAL

SOLID WASTE INCINERAT ION UNITS ..................................................................PAGE 61

SECTION 14: PROVISIONS FOR THE CLEAN AIR INTERSTATE RULE .......PAGE 66APC-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 ma y be performed in accordance with the

Test Methods of the U. S. Environmenta l Protection Agency in place at the time testing is performed or as otherwise appr oved by the staff of th e 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 th ese 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 re gulation 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 disc harged 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 contam inant, regardless of who the person may be who owns or operates the building, premis es, 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." A ny 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 Stat e 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 th e 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 ope ration of a facility in which the emission of one or more pollutants exceeds the applicable limit(s).

11. "Fly ash." Particulate matter capable of be ing 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 tw enty (20) feet of ground level. For ambient sampling, it shall also be outside the boundari es of the property which contains the air pollution source.

13. "Incinerator." A combusti on device specifically designed for the destruction by high temperature burning of solid, semi-solid, li quid 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 am ount 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 ar ticle, machine, equipment, contrivance, structure, or any part thereof used to dispose of combustible refuse by burning, which consists of three or more refractory wa lls, 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 emissi ons 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 desi gnated as being conducive to high rates of ozone formation for a named county(ie s) 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 me thod 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. "PM 2.5 " Particulate matter with an aerodynami c diameter less than or equal to a nominal 2.5 micrometers as measured by a reference method base d on Appendix L ofAPC-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. "PM 2.5 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 me thod specified in the approved State Implementation Plan.

24. "PM 10 ." Particulate matter with an aerodynami c diameter less than or equal to a nominal 10 micrometers as measured by a reference method base d 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. "PM 10 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 me thod 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 proce ss 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 ch ancery 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 exclusiv ely, of carbon, ash, and other combustible

material.

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

32. "Soot blowing." The removal by mechan ical 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 Fahrenhe it 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 hydroge n sulfide, mercaptans, dimethyl sulfide, and any other organic sulfides present.

36. "Total suspended particulate." Par ticulate 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 nor mal 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 a llow the emission of smoke from a point source into the open air from any manufacturing, industrial, commercial or waste disposal process which exceeds fo rty (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 percen t opacity, and provided further that the aggregate duration of such emissi ons 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 emissi ons, any air contaminant of such opacity as to obscure an observer's view to a degr ee in excess of 40% opacity, equivalent to that provided in Section 3.1(a). This sh all not apply to vision obscuration caused by uncombined water droplets.

3. General Nuisances. No person shall cause, pe rmit, 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 equi pment 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 ar e 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 equa l to or greater than 10 million BTU per hour heat input but less th an 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 e qual to or greater than 10,000 million BTU per hour heat input sha ll 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 burni ng 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 tran sfer 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 emissi ons 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 matte r in total quantities in any one hour from any manufacturing process, which in cludes 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 ex isting prior to January 25, 1972, and not modified subsequent thereto shall co mply 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 pa rticulate 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 resi dential, 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 fr om emergency clean-up operations, and ordnance; and permitted open burning at h azardous waste disposal facilities subject to regulation under Subtitle C of the Fede ral 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 fr om the Mississippi Forestry

Commission.

(2) The open burning must occur with in a time period allowing adequate diffusion of air pollutants as de fined 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 mu st 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 Em ergency 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 mark ed 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 c onsidered a stationary source of air pollution subject to Mississippi air emission permitting regulations.

(d) Ozone Action Days in DeSoto C ounty, Hancock County, Harrison County and Jackson County. In DeSoto Co unty, 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 perm itted open burning at a hazardous waste disposal facility described in 7(c) a bove 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. TheAPC-S-1, Proposed Amendments, September 13, 2010 9

Mississippi Department of Transpor tation, 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 particulat e 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 twel ve percent (12%) carbon dioxide by volume for products of combustion. This limita tion 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 cr itical areas where an installation is in close proximity to a residential area, an incinerator, except those specified in paragraph (b) of this section, or thos e 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 percen t (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 co tton 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 opera tor 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 d eems 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 oxi des 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 th e 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 th an was emitted by said fuel burning equipment for the corresponding cal endar year 1970 unless otherwise authorized by the Commission. Insta llations under construction on January 25, 1972, are excluded from this requirement.

(c) The maximum discharge of sulfur di oxide 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 (meas ured as sulfur dioxide) per million BTU heat input. For the purposes of Section 4 of these regulations only, "modification" shall mean any physical ch ange in an Air Contaminant Source which increases the amount of any air po llutant (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 herei n, no person shall cause or permit the emission of gas containing sulfur oxide s (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 Ja nuary 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 para graph 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 sulfid e in excess of one grain per 100 standard cubic feet shall be incinerated at temperatures of not less thanAPC-S-1, Proposed Amendments, September 13, 2010 11

1600 o F for a period of not less than 0.5 s econds, or processed in such manner which is equivalent to or more effec tive 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 pr oductive 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 aci d mist emissions from sulfuric acid manufacturing plants to exceed 0.5 pounds/ton of acid produced. Sulfur

trioxide emissions from sulfuric aci d manufacturing plants shall not exceed 0.2 pounds/ton of acid produced.

(d) No person shall cause or permit emi ssion of sulfur oxides, calculated as sulfur dioxide, from a sulfur rec overy plant to ex ceed 0.12 pounds per pound of sulfur processed.

(e) No person shall cause or permit emissi ons 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 = 0.564X 0.85

Lead smelters: Y = 0.98X 0.77

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 N ovember 1, 1987, and not modified subsequent thereto, excluding mills or facilities subject to New Source Performance Standards, sha ll 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 syst ems - five (5) parts per million of TRS, expressed as hydroge n 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 gr am of TRS, expressed as hydrogen sulfide on a dry gas basi s, 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 untreat ed 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 sy stems for collected noncondensible gases shall be by testing in accordance with EPA Test Method 16 orAPC-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 th e lime kiln or equivalent control and testing of lime kiln or equiva lent 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 specifi ed above, as appr opriate, no later than the end of the compliance sc hedule. 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, sha ll obtain the necessary continuous monitoring equipment and begin monitoring by November 1, 1988,

or no later than the date of fina l 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 O 2 concentration for the two consecutive operating pe riods of each operating day for both the recovery boiler (if continuously monitored) and lime kiln. Each 12-hour average shall be determ ined as the arithmetic mean of the appropriate 12 continuous 1-hour average concentrations. Each 12-hour average TRS concentration sh all be corrected to 10%, or 8%

O 2 , as appropriate to the emission lim it, 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 monitori ng 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 emi ssion of fluorides into the ambient air in

excess of four-tenths (0.4) pound per ton of P 2 O 5 or equivalent. The allowable

emission of fluorides shall be calculate d 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 s ubstances, in addition to those considered in these regulations, into the ambient air in concentrations sufficient to affect human health and well-being, or unreasonably interf ere with the enjoyment of property orAPC-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 comme nced 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 Fede ral Standard of Performance for New Stationary Sources.

2. Other Limitations. The Mississippi Pollution Control Permit Board, in accordance with Commission Regulation APC-S-2, ma y 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 ambi ent air increments or violate other requirements under Federal Prevention of Significant Deterioration (PSD) regulations promulgated by the U.S. E nvironmental Protection Agency as of August 23, 1989, pursuant to Section 160 thr ough 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 th e 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 Consolid ated Federal Air Rule provisions duly promulgated by the U.S. Envir onmental 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 , 200 8 September 13, 2010 , are incorporated herein and adopted by reference by the Commission as official regulations of the State of Mississippi and shall hereafter be enfo rceable 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 D ecember 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 monitore d 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 genera ted 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 requirement s 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 stringe nt 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 combina tion of sources of emissions is found to compromise the ambient air quality in the St ate, 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 Protec tion 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 complian ce 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 standard s 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 theAPC-S-1, Proposed Amendments, September 13, 2010 17

Federal Clean Air Act, as amended; Na tional Emission Standards for Hazardous Air Pollutants for Source Categories duly pr omulgated 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 amende d; 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 , 2008 September 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 sa id standards and general implementing regulations shall be replaced by the wo rds "Executive Director" and the word "Agency" shall be replaced by the word "D epartment"). Hereafter, any facility subject to the National Emission Standard s 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 Ac t, as amended. All such regulations promulgated by the U.S. Environmental Prot ection 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 Me rcury 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, ar e incorporated herein and adopted by reference by the Commission as official regul ations of the Stat e of Mississippi and shall hereafter be enforceable as such, ex cept for the changes noted in (a) and (b). Hereafter, any facility subject to the Fede ral Emission Guidelines shall comply with all applicable requirements of the regulation.

(a) The phrase "permitting authority" shall mean "Mississippi EnvironmentalAPC-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 me rcury 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 concen tration of emissions of air pollutants on a continuous basis, including any re quirements 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 designe d 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 tec hnique which attempts to affect the concentration of a pollutant in the ambi ent 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 in creasing 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 merg ing 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 t echniques" 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 pollu tants 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 resi dential woodburning and open burning;

or

(5) Techniques under Paragraph 9.1(d) which increase final exhaust gas plume rise where the resulting allowa ble 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 fl uid 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 e ddy effects create d 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 feat ure 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 thispart or 26 meters, whichever is greater, as measured from the groundlevel elevation at the base of the st ack. 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 a nd 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 whol e 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 th an a prevention of significant

deterioration increment. The allowa ble 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 demonstr ates 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 sec tion, except that the emission rate specified by the State implementation pl an (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 afte r January 12, 1979, for a stack height determined under Paragraph 9.1(e)(2) where the U. S. Environmental Protection Agency or the Commissi on 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-levelAPC-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 percen t 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 requi red 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 appr opriate 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 modifi ed so as to eliminate and prevent the

exceedance.

(d) If any new source or source modificati on, after appropriate application of the preceding limitations and provisions, is predicted to exceed an air quality standard, or increment, as appropria te, 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 consider ations, shall be made applicable.

(e) If any source provides a field st udy or fluid modeling demonstration proposing a GEP stack height greater than that allowed by Paragraph 9.1(e)(1) and (2), then the pub lic 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. UpsetsAPC-S-1, Proposed Amendments, September 13, 2010 23

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

defense to an enforcement action br ought for noncompliance with emission standards or other requirements of App licable Rules and Regulations or any applicable permit if the source de monstrates through properly signed contemporaneous operating logs, or ot her relevant evidence that include

information as follows:

(1) an upset occurred and that the s ource 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, th e 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 breakdow ns 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 emissi ons 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 requirement s of Applicable Rules and Regulations or any applicable permit.APC-S-1, Proposed Amendments, September 13, 2010 24

(b) In any enforcement proceeding, th e source seeking to establish the applicability of any exception during a st artup or shutdown has the burden of proof.

(c) In the event this startup and s hutdown provision conflicts with another applicable requirement, the more stringent requirement shall apply.

3. Maintenance.

(a) Maintenance should be performed dur ing 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 emissi on 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 mainte nance began or such other times as allowed by DEQ; and

(5) the notice shall contain a descrip tion of the maintenance, any steps taken to mitigate emissions, and corrective actions taken.

(b) In any enforcement proceeding, th e source seeking to establish the applicability of this section has the burden of proof.

(c) In the event this maintenance provi sion conflicts with another applicable requirement, the more stringent requirement shall apply.

SECTION 11. SEVERABILITY

If any provision, section, subsection, sentence, cl ause or phrase of any of these regulations, or the application of same to any person or se t 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 EXIS TING HOSPITAL/MEDICAL/INFECTIOUS

WASTE INCINERATORSAPC-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 whic h 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-leve l 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 re lative weight of hospital waste, medical/infectious waste, and othe r 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 Secti on 12 of these regulations are not

considered a modification and do not result in an existing HMIWI unitAPC-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 app lication 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 animal s or in research pertaining thereto.

(d) "Blood Products" means any product derived from human blood, including but not limited to blood plasma, platelet s, 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, cerebrosp inal, 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 polluti on control device or other equipment.

(g) "Chemotherapeutic waste" means waste material resulting from the production or use of antine oplastic 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 fu els or wastes (e.g., coal, municipal solid waste) and subject to an enforceable requirement limiting the unit to combusting a fuel feed stream, 10 percen t 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 wa ste, 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 r ecording the emissions of a pollutant from an affected facility.

(j) "Continuous HMIWI" means an HMIW I 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 spra ys 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 i ndividual in charge of purchasing, maintaining, and operating the HMIWI or the owner’s or operator’s representative responsible for the mana gement of the HMIWI. Alternative titles may include Director of Fac ilities 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 a ny amount of hospital waste and/or

medical/infectious waste.APC-S-1, Proposed Amendments, September 13, 2010 28

(r) "Hospital/medical/infectious waste in cinerator 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 an atomical 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 intermitten t 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 intermitten t 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" m eans 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, infr equent, and not reas onably 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 periodsAPC-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 co mbusted or until the malfunction ceases,

whichever comes first.

(y) "Maximum charge rate" means:

(1) For continuous and intermittent HM IWI, 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, ft 3

15,000 = primary chamber heat release rate factor, Btu/ft 3 /hr

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

(2) For batch HMIWI,

Where:

C

= HMIWI capacity, lb/hr

PV = primary chamber volume, ft 3

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 th is 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 produc tion of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures.

(2) Human pathological waste, incl uding tissues, organs, and body parts and body fluids that are removed dur ing surgery or autopsy, or other medical procedures, and specime ns 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 drie d human blood; including serum, plasma, and other blood compone nts, and their containers,

which were used or intended fo r use in either patient care, testing and laboratory analysis or the development ofAPC-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, bl ood vials, needles with attached tubing, and culture dishes (regard less of presence of infectious agents). Also included are ot her 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 intermitten t HMIWI whose maximum charge rate is more than 200 pounds pe r 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 intermitten t HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour or more than 500 pounds per hour; orAPC-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 ra te (taken, at a mi nimum, 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) so rbent flow rate" means 90 percent of the highest 3-hour average HCl sorbent fl ow 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 th e 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 ever y 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 temper ature" means 90 percent of the highest 3-hour average secondary chamber temp erature (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 modi fications, over the life of the unit, exceed 50 per centum of the original cost of the construction and installation of the unit (not includi ng the cost of any land purchased in connection with such construction or installation) updated to

current costs, or

(2) The change involves a physical cha nge 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 a ny 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 Referen ce 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 co mponent 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 HMIW I, 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 intermitten t 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 intermitten t 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 Ar ea 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 be tween the activation of the system and the first charge to the unit. For ba tch 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 pa rticulate 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 th e 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 f acility 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 35APC-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 th is paragraph shall occur no later than September 15, 2000.

(b) No owner or operator of an affected f acility 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 av ailable 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 qualificati on 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, in cluding pathogen de struction 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 st artup, 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 operati ng 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 st andards 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 standa rds 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 informati on listed in subparagraph (i) of this paragraph shall be conducted by March 15, 2000, or prior to assumption of responsibilities aff ecting HMIWI operation, whichever

date is later.

(2) Subsequent reviews of the inform ation 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 HMIW I operators. This information, along with records of training shall be ava ilable for inspection by the Department
upon request.

5. Waste Management Guidelines.

The owner or operator of an affected fac ility 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 fr om the health care wa ste 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 meta l 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 st ream. It should identify, where possible, reasonably available additional waste mana gement measures, taking into account the effectiveness of waste management measures already in place, the costs of additional measures, the emission reductions exp ected to be achieved, and any other environmental or energy impacts they might have. The American Hospital Association publication entitled "An O unce of Prevention: Waste ReductionAPC-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 asse mblies, 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 operati on, 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 duri ng periods of startup, shutdown, or malfunction, provided that no hospital wa ste or medical/infectious waste is charged to the affected facility during startup, shutdown, or malfunction.

(b) The owner or operator of an aff ected 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 subparagr aphs (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 consis t 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 Appe ndix 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 Referen ce Method 3 or 3A of Appendix

A of 40 C.F.R. 60 shall be used si multaneously with each reference

method.APC-S-1, Proposed Amendments, September 13, 2010 43

(5) The pollutant concentrations sh all be adjusted to 7 percent oxygen using the following equation:

Where:

C

adj = pollutant concentration adjusted to 7 percent oxygen;

C

meas = 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

% O 2 = oxygen concentration measured on a dry basis, percent.

(6) EPA Reference Method 5 or 29 A ppendix A of 40 C.F.R. 60 shall be used to measure the particulate matter emissions.

(7) EPA Reference method 9 of Appe ndix 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 Appe ndix A of 40 C.F.R. 60 shall be

used to measure total dioxin/fura n emissions. The minimum sample time shall be 4 hours per test run. If the affected facility has selected the toxic equivalency standards fo r 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 congene r 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 calcu lated in accordance with s ubparagraph (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 A ppendix 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 (% R HCl ) is computed using the following formula:

Where:

(% R HCl ) = percentage reduction of HCl emissions achieved;

E i = HCl emission concentration measur ed at the control device inlet, corrected to 7 percent oxygen (dry basis); and

E

o = HCl emission concentration m easured at the control device outlet, corrected to 7 percent oxygen (dry basis).

(11) EPA Reference Method 29 of A ppendix 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 (% R metal ) is computed using the following

formula:

Where:

(% R metal )= percentage reduction of metal emission (Ph, Cd, or Hg) achieved;

E i = metal emission concentration (Pb, Cd, or Hg) measured at the control device inlet, corrected to 7 percent oxygen (dry basis); and

E

o = 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 = −

⎛
⎝ ⎜ ⎞
⎠ ⎟ × 100APC-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 te st (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 fo r a pollutant (PM, CO, or HCl), the owner or operator may forego a performance test for that pollutant for the subsequent 2 year s. 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 polluta nt (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 bypa ss stack during a performance test shall invalidate the performance test.

(3) Facilities using a CEMS to demons trate 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 acco rdance with the applicable procedures under Appendices B and F of 40 C.F.R. 60.

(d) The owner or operator of an affect ed facility equipped with a dry scrubber followed by a fabric filter, a wet scr ubber, 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 determ ine compliance with the emission limits; andAPC-S-1, Proposed Amendments, September 13, 2010 47

(2) Following the date on which the in itial 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 paramete rs listed in Table 4 in Section 12 of these regulations and measured as 3-hour rolling averages (calculated each hour as the aver age 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 cham ber temperature (each measured on a 3-hour rolling average) simultaneously shall constitute a

violation of the CO emission limit.

(2) Operation of the affected fac ility 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 fl ow 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 measuredAPC-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 cham ber temperature (each measured on a 3-hour rolling average) simultaneously shall constitute a

violation of the CO emission limit.

(3) Operation of the affected fac ility above the maximum charge rate, below the minimum secondary chamber temperature, and below the minimum scrubber liquor flow ra te (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 f acility 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 cham ber temperature (each measured on a 3-hour rolling average) simultaneously shall constitute a

violation of the CO emission limit.

(2) Operation of the affected fac ility 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 a ffected facility may conduct a repeat performance test within 30 days of violation of applicable operating parameter(s) to demonstrate that the affect ed 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 subparagra ph (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 performa nce test and continuously monitored thereafter. The owner or operator sh all not conduct the initial performance test until after the petition has been approved by the Administrator.

(j) The owner or operator of an a ffected facility may conduct a repeat performance test at any time to es tablish new values for the operating parameters. The Department may request a repeat performance test at any

time.

(k) Any small HMIWI subject to the emissi on 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) (mer cury 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 in itial 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 theAPC-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 previ ous 3 operating hours) at all times except during periods of star tup, 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 desi gnated 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 sc rubber 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 ex cept during periods of monitoring equipment malfunction, calibration, or repair. At a minimum, validAPC-S-1, Proposed Amendments, September 13, 2010 51

monitoring data shall be obtained fo r 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 emissi on 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, on ce every minute th roughout 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 sh all 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 XAPC-S-1, Proposed Amendments, September 13, 2010 53

9. Reporting and Recordkeeping Requirements.

(a) The owner or operator of an affect ed 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 pollu tant 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 emissi ons (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/fu ran sorbent used during each hour of operation, as applicable;

(vi) Amount and type of Hg so rbent used during each hour of operation, as applicable;

(vii) Amount and type of HCl so rbent used during each hour of operation, as applicable;

(viii) Secondary chamber temperatures recorded during each minute of operation;

(ix) Liquor flow rate to the we t 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 comply ing 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 paramete rs not measured, reasons for not obtaining the data, and a description of corrective actions taken.

(4) Identification of calendar days, tim es 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, annua l, 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 informati on 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 pa ragraph 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 affect ed facility shall submit the information specified in subparagraphs (b)(1) through (b)(3) of this paragraph no laterAPC-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 m onths following the previous report (once the unit is subject to perm itting requirements in Air Emissions Operating Permit Regulations for the Pu rposes of Title V of the Federal Clean Air Act, APC-S-6, the owner or ope rator of an affected facility must submit these reports semiannually). The annual report shall include the information specified in subparagr aphs (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 calenda r year preceding the year being reported, in order to provide the De partment with a summary of the performance of the affected facility over a 2-year period.

(6) If a performance test was c onducted 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) thr ough (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 subm it 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 peri od ends 6 months following the submission of information in subparagraph (b) of this paragr aph. 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 subparagr aph (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 emissi on limits in Table 2 of paragraph 3 in Section 12 of these regulations sh all 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 th e 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 th ese regulations applies (as defined in paragraph 1) shall comply with all requirements in Section 12 of these regulations on or before Septembe r 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 allo w compliance on or before SeptemberAPC-S-1, Proposed Amendments, September 13, 2010 57

15, 2002, but as expeditiously as possibl e. 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 S ection 12 of these regulations extend beyond September 15, 2002.

(1) Documentation of the analyses unde rtaken to support the need for an extension, including an explana tion of why September 15, 2002, is sufficient time to comply while Se ptember 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 a nd 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 servi ces 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 te st(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 measurab le 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 appr opriate 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 petiti on granted by the Department may be terminated by the Department whenever the Department finds, after an opportunity for the petitione r to demonstrate compliance and after notice and an opportunity for hearing, that the petitioner is in violation of any requirement, condition, schedule, limita tion or any other provision of the petition or that operation under the petition does not meet the minimum requirements established by State and Fe deral laws and regulations or is unreasonably threatening the public health.APC-S-1, Proposed Amendments, September 13, 2010 59

SECTION 13. PROVISIONS FOR EXISTI NG COMMERCIAL AND INDUSTRIAL SOLID

WASTE INCINERATION UNITS

1. Emission Standards. Provisions under th is 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 refe rence by the Commission as official regulations of the State of Mississippi and shall hereafter be enforceable as such.

2. Applicability. The requirements of S ection 13 shall apply to each existing

commercial and industrial solid waste inci neration unit that co mmenced 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 syst em, 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, whic h ends immediately after the last combustion chamber and (2) the combustion unit bottom ash system, which ends at the truck loading station or sim ilar equipment that tr ansfers the ash to final disposal. It includes all ash ha ndling systems connected to the bottom ash handling system.

(b) Commercial and industrial waste means solid waste combusted in an enclosed device using controlled flam e combustion without energy recovery that is a distinct operating unit of any commercial or industrial facility (including field-erected, modular, a nd 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 ai r pollution control facility and other discarded material, including solid, li quid, 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 exem pt 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 a nd 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 Direct or 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 Perf ormance 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 th at have the capacity to burn less than 35 tons (32 mega grams) per day of municipal

solid waste or refuse-derived fu el, 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 bur ned, 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 Af ter 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 sma ll power-production facility under section 3 (17)(C) of the Fede ral 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 electric ity 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. Un its 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 mixtur e 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 regulat ed 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 (Standa rds of Performance for Sewage Treatment Plants).

(14) Chemical recovery units. Co mbustion 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 liquor s (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 co al 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 intermed iate 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 ar e 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 th at 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, affectedAPC-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. Clarifica tion for certain terms contained in the requirements adopted by reference into Section 13 are as follows:

(a) The term "Administrator", as it re lates to the State Air Pollution Control Agency in 40 CFR 60.2575 through 60.2875, m eans 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 CF R 51.124, and 40 CFR 96.102 through 40 CFR 96.388 as amende d 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 regulati ons 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 allo cation" and "CAIR NOx Ozone Season

allowance" in 40 CFR 96.302.

(b) Unit specific nitrogen oxides (NO

x ) 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, 2010APC-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 m eaning as set forth in the regulations promulgated under Title IV of the Federal Act.

3. Affected State(s) means all states whos e 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 follo wing 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 fo rth in the State Implementation Plan (SIP) approved or promulgated by EPA through ru lemaking 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 th rough 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 unde r 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 fo r 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 sa me 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 recomme nded permit for which the DEQ offers public participation under Section IV.I. or Aff ected 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 re quired by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federallyAPC-S-6, Title V Permit Regulations Proposed Amendments September 13, 2010 3 enforceable emissions cap that the sour ce 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 th e 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 “maj or source”, a stationary source or group of stationary sources shall be considered part of a single industr ial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Majo r 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 radionuclid es, 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 Fe deral Act, 25 tpy or more of any combination of such hazardous air polluta nts, or such lesser quantity as the Administrator may establish by rule ( notwithstanding the preceding sentence, emissions from any oil or gas expl oration 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); orAPC-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 polluta nts, 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 combinati on 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 categor ies regulated by a standard promulgated

under Section 111 or 112 of the Federal Ac t, 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 mo re 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 th e references in this paragraph to 100, 50, 25 and 10 tpy of nitrogen oxides sha ll not apply with respect to any

source for which the Administrator ha s 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 establishe d 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”, andAPC-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) nonattain ment 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 dir ect 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 modificati on 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 a nd restrictions on hours of operation or on the type or amount of material combusted, stor ed, 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 Administ rator 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; orAPC-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 majo r 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 requireme nts of Section 112(g)(2) of the Federal Act have been met, but only with resp ect 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, secr etary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-maki ng functions for the corporation, or a duly authorized representative of such pe rson if the representative is responsible for the overall operation of one or mo re manufacturing, production, or operating facilities applying for or subject to a permit and either:

(1) the facilities employ more than 250 pe rsons 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 Fede ral agency includes the chief executive officer having responsibility for the overa ll 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 Federa l Act or the regulations promulgated thereunder are concerned; andAPC-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 woul d 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 th e Mississippi Code of 1972, and any subsequent amendments.

29. Stationary source means any building, structur e, 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 othe r time as specified by EPA, whichever is

later.

31. Subject to regulation means, for any air polluta nt, that the pollutant is subject to either a provision in the Clean Air Act, or a nati onally-applicable regulation codified by the Administrator in subchapter C of 40 CFR Chap ter 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 aggr egate 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 CO 2 equivalent emissions.

b. The term tpy CO 2 equivalent emissions (CO 2 e) shall represent an amount of GHGs emitted, and shall be computed by multiplying the mass amount of emissions (tpy), for each of the six gr eenhouse gases in the pollutant GHGs , by the gas’s associated global warming poten tial published at Table A-1 to Subpart A of 40 CFR Part 98 – Global Warming Pote ntials, and summing the resultant value for each to compute a tpy CO 2 e.

31 32 .Title V means the air operating permit pr ogram mandated in Title V of the 1990 amendments to the federal Clean Air Act, codified in 42 U.S.C. § 7661.

32 33 .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

33 34 .Title V sources include the following:

a. any major source;

b. any source, including an area source, s ubject to a standard, limitation or other requirement under Section 111 of the Federal Act;

c. any source, including an area source, subj ect to a standard or other requirement under Section 112 of the Federal Act, ex cept that a source is not required to obtain a permit solely because it is subj ect 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, a ffected 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 pr ogram 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 Federa l Act promulgated after July 21, 1992, the exemption of any or all such applicable s ources 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 sha ll 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 in clude 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 varian ces 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 AP C-S-2, “Permit Regulations for the Construction and/or Operati on 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 pe rmit would prohibit such construction orAPC-S-6, Title V Permit Regulations Proposed Amendments September 13, 2010 11 change in operation, the source must obt ain 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 co mplete, 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 a ll 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 d eemed to be complete, the DEQ determines that additional information is necessary to evaluate or take final action on that application, it may request such informati on 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 additiona l 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 inform ation in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected informati on. In addition, an applicant shall provide additional information as necessary to address any requirements that be come applicable to the source after the date it filed a complete app lication but prior to re lease of a draft permit to public participation.

C. Standard application form and required info rmation. All applicati ons must be submitted on the form supplied by the Permit Board. Insi gnificant activities which are specified in Section VII.A. need not be included in pe rmit 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 proce ss 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 th e source is major, and all emissions of regulated air pollutants. Fugitive emissi ons 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 requireme nt 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 unde r Section VII. The Permit Board shall require additional information related to the emissions of air pollutants sufficient to verify which requirements are applicab le 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 poi nts of emissions described in Section

II.C.3.a. of this section in sufficient de tail to establish the basis for fees and applicability of requirements of the Federal Act;

c. emission rates in tpy and in such term s 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 material s, 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 affec ting emissions or any work practice standards, where applicable, for all regulated pollutants at the Title V source;

g. other information required by any appli cable requirement (including information related to stack height limitations de veloped 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 w ill 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 descripti on 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 w ill meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective duri ng the permit term shall satisfy this provision, unless a more detailed sche dule 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 measur es, 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 schedul e shall resemble and be at least as stringent as that contained in any j udicial 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 determ ining 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 co mpliance status with any applicable enhanced monitoring and compliance certif ication requirements of the Federal Act; and

10. the use of nationally-standardized forms fo r acid rain portions of permit applications and compliance plans, as required by regula tions 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 implemen ted by the facility without the need for any permit revision or any notification to the Pe rmit 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 complia nce certification submitted pursuant to these regulations shall contain a certification of truth, accuracy, and completeness signed by a responsible official. This certification a nd any other certification required under these regulations shall state that, based on information and belief formed after reasonable inquiry, the statements and information in th e document are true, accurate, and complete.

III. PERMIT CONTENT

A. Standard permit requirements. Each permit issued under these regula tions shall include the following requirements.

1. Emission limitations and standards, in cluding 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 fo rm as compared to the applicable requirement upon which the term or condition is based.

b. The permit shall state that, where an app licable requirement of the Federal Act is more stringent than an applicable requi rement 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 issu e 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 require ment, the Permit Board shall issue permits

for solid waste incineration units combusti ng 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 requirement s 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 m onitoring requirements shall assure use of terms, test methods, units, aver aging periods, and other statisticalAPC-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 pe rmit 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, a nd copies of all reports required by the permit.

c. With respect to reporting, the permit sh all 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 requi rements 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 fr om permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations, and any corrective ac tions 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 ex ceeding any allowances that the source lawfully holds under Title IV of the Fede ral Act or the regulations promulgated

thereunder.

a. No permit revision shall be required for in creases 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 account ed 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 cond itions 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 thereo f 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 determ ine whether cause exists for modifying, revoking and reissuing, or terminating the pe rmit or to determin e compliance with the permit. Upon request, the permittee sha ll also furnish to the DEQ copies of records required to be kept by the perm ittee or, for information claimed to be confidential, the permittee shall furnish such records to DEQ along with a claimAPC-S-6, Title V Permit Regulations Proposed Amendments September 13, 2010 18 of confidentiality. The permittee may fu rnish such records directly to the Administrator along with a claim of confidentiality.

7. A provision to ensure that a Title V s ource pays fees to the permitting authority consistent with the fee schedule pursuant to Section VI. of these regulations.

8. Emissions trading. A provi sion 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 fac ility, 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 unde r Section III.A. and C. to determine compliance;

b. may extend the permit shield describe d 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 desi gnated are not subject to the requirementsAPC-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 perm its 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 requi rements sufficient to assure compliance with the terms and conditions of the pe rmit. 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 requireme nts of Section II.E. of these regulations.

2. Inspection and entry requirements that re quire that, upon presentation of credentials and other documents as may be required by la w, 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 facilitie s, 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, sa mple or monitor, at reasonable times, substances or parameters for the purpos e 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 app licable 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 re quirement 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 th e 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, standard s, 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 Perm it Board) of submissions of compliance certifications;

b. in accordance with Section III.A.3. of th ese 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 cond ition 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 requi re to determine the compliance status of the source;

d. a requirement that all compliance certifi cations 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 oppor tunity for public participation provided under Section IV.I. of these regulations, issue a general permit covering numerous similar sources. Any general permit shall co mply 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 pe riod of time not to exceed five years from the date coverage is extended. Notwithsta nding the shield provisions of Section III.F., the source shall be subject to enforcem ent 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 underAPC-S-6, Title V Permit Regulations Proposed Amendments September 13, 2010 21 the acid rain program unless otherwise pr ovided in regulations promulgated under

Title IV of the Federal Act.

2. After notice and opportunity for a hear ing, the Permit Board may revoke and/or modify a general permit. After notice a nd 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 deviat e from the requirements of Section II. of these regulations, provided that such applica tions meet the requirements of Title V of the Federal Act, and include all informati on necessary to determine qualification for, and to assure compliance with, the genera l permit. Without repeating the public participation procedures required under Sec tion 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 a nd 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 w ith all applicable requirements at all authorized locations;

2. requirements that the owner or operator notif y 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, th e 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 applicab le requirements as of the date of permit issuance, upon satisfaction of either condition as follows:

a. such applicable requirements are incl uded 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 include s 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 aci d 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 s ituation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective ac tion 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 emissi on limitations if

the conditions of Section III.G.3. are met.

3. The affirmative defense of emergency sh all 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 th e permittee took all reasonable steps to

minimize levels of emissions that exceed ed the emission standards, or other requirements in the permit; and

d. the permittee submitted notice of the em ergency 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 th e 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 emer gency 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 co mplete 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 complie d with the requirements for public participation under this section;

c. the DEQ has complied with the requi rements 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 th ese 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 transiti on 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 Boar d shall take final action on each permit application (including a request for permit m odification 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 regulatoryAPC-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 sh all not affect the requirement that any

source have a Construction Permit.

B. Requirement for a permit. Except as provide d in the following sentence, and paragraphs of this section, no Title V source may operate af ter the time that it is required to submit a timely and complete application, except in comp liance with a Title V permit. If a Title V source submits a timely and complete app lication 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 a pply if, subsequent to the completeness determination made pursuant to Section II.A .2., and as required by Se ction 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 th e 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, a ddress, or phone number of any person identified in the permit, or provides a si milar 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 ope rational control of a source in accordance

with Section IV.D.4.

2. Administrative permit amendments for purpos es 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 procedur es. 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 provi ding 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 change s 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 oroperational control consistent with the following:

a. the Permit Board shall take action with in 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 w ithout providing notice to the public or Affected State(s) provided that it desi gnates 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 e xpertise 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 ot her 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 provisi on 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 modi fications 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 implementa tion plan or in applicable requirements promulgated by EPA.

c. Application. An application reques ting 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 emi ssions 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 m odification procedures and a request that such procedures be used; andAPC-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 request ed permit modification. The DEQ shall promptly send any notice required to the Administrator.

e. Timetable for issuance. The Perm it Board may not issue a final permit modification until after EPA’s 45-day revi ew 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 recei pt of an application under minor permit modification procedures or 15 days afte r 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 th e proposed terms and conditions of the permit. During this time period, the sour ce need not comply with the existing permit terms and conditions it seeks to modi fy. However, if the source fails to comply with the proposed terms and c onditions 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 modifica tions 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 requesti ng 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 emi ssions 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 cr iteria 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 notif ied 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 demons trating that the aggregate of a source’s pending applications equals or exceeds the threshold level, whichever is earlier, the DEQ promptly shall notify the Admini strator 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 provisi ons of this section shall apply to modifications eligible for group processing, except that the Permit Board shall take one of the actions specified in S ection IV.E.1.e.(1)-(4) within 180 days of receipt of the application or 15 days af ter 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 Secti on IV.E.1.g. of this sec tion shall also apply to modifications eligible for group processing.

3. Significant modification procedures.

a. Criteria. Significant modification pro cedures 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 mini mum, 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 par ticipation, 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 requiri ng 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 e xpressed 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 re quired 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 emergencie s. The source, Department, and EPA shall attach each such notice to their copy of the relevant permit.

1. The permitted sources are allowed to ma ke Section 502(b)(10) changes without requiring a permit revision, if the changes ar e not modifications unde r 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 ra te of emissions or in terms of total emissions).

a. For each such change, the written notifi cation 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 emissi ons, 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 basedAPC-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 sh all 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 pe rmit 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 requirement s 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 em issions 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 re quired to include in the emissions trading provisions any emissions units for which em issions are not quantifiable or for which there are no replicable procedures to enfo rce 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 provisi ons 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 perm it term of 3 or more years. Such aAPC-S-6, Title V Permit Regulations Proposed Amendments September 13, 2010 31 reopening shall be completed not later th an 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 ex cess 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 Pe rmit 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 sha ll 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 advan ce 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, modi fication, 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 offeri ng 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 news paper 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 deve loped by the DEQ, including those whoAPC-S-6, Title V Permit Regulations Proposed Amendments September 13, 2010 32 request in writing to be on the list; and by othe r means if necessary to assure adequate notice to the affected public;

2. The notice shall identify the affected fac ility; 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 involve d 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 ma terials 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 a nd place of any hearing that may be held, including a statement of procedures to reque st 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 commenter s 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 Administ rator a copy of each permit application (including any application for permit modi fication), 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 prac ticable, the preceding information shall be provided in computer-readable format co mpatible with EPA’s national database

management system.

2. The DEQ shall keep such records for 5 y ears 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 perm it 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 perm it 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 fo r the proposed permit that the Affected State(s) submitted during the public or Aff ected 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 accep t 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 i ssuance 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 re view 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 resolve d, 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 objecti on 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 St ate(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 coll ection, 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 collecti on, the permit holder shall elect for actual

or allowable emissions to be used in de termining the annual quantity of emissions unless the Commission determines by order th at the method chosen by the applicant for calculating actual emissions fails to reasonably represent actual emissions.

a. In electing to use actual emissions as th e 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 emi ssions shall consist of an inventory of

the actual emissions summarized on a fo rm supplied by the Department of Environmental Quality for that purpos e and of supporting information as appropriate and necessary for proper us e of one or more of the emissions determination methods described in (6) below.

(2) The permit holder shall deliver th e 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, allowabl e 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 th e 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 polluta nt(s); mass balance calculations such as the amount of the pollutant(s) enteri ng 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 em ission 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 a nd/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, theAPC-S-6, Title V Permit Regulations Proposed Amendments September 13, 2010 35 calculation of the permit holder’s fee in itially shall be ba sed 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 Depart ment, the Department shall modify the permit holder’s annual fee as follows:

i. For approvable actual em issions 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 a nnual 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 re ported after January 1 but beforeApril 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 situ ations where adequate information was available to the permit holder in order for a calculation to be submitted by July 1 and no adequate calculation wa s 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 s ection 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 allo wable emissions contained in the permit on the date

of the invoice. Allowable emissions cont ained 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 thos e air pollutant emissions limited by the permit. No fee actually paid to the Depa rtment 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 emissi ons 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 annua l 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 Fi fty Dollars ($250.00) shall be assessed to and collected from the owner or operator of each facility that is required to hold a TitleAPC-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 t on 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 a nd 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 th an thirty (30) days following receipt by the Commission of the report and recommenda tions 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 be tween 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 d eclaration 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, th en 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 re quired to pay the Title V permit fee set forth under this chapter who disagrees with the cal culation 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 fo r which a hearing has b een requested will not incur any penalty or interest from and afte r the receipt by the Commission of the hearing petition.

D. Due Dates. The air operating permit fee sha ll 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 J une 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 im posed is not paid within thirty (30) days after the due date, a penalty of ten per cent (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 Co mmission 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 AC TIVITIES AND EMISSIONS

A. The following activities/emissions sources ar e 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 re pairs which do not change the capacity of such process, fuel-burning, refuse-bur ning, 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 ai r conditioning or comfor t 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 domes tic 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 c opy 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 tu rning of ceramic art work, precision parts, leather, metals, plastics, fiber board, masonry, carbon, glass, or wood;

9. equipment for washing or drying fabricat ed 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, haloge ns 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 housekeepi ng, 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 associ ated 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 th at 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 forgi ng, 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 or ganic solvents, diluents, or thinners are used;

7. all storage tanks used exclusively to store fu el 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 burni ng equipment which is of equal or smaller capacity than normal ma in operating equipment, cannot be used in conjunction with normal main operating equipm ent, 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 wh ich 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. H 2 O 2 storage tank;

38. green liquor tank; and

39. tall oil storage tank.

C. Notwithstanding Sections VII.A. and B. a bove, 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 st andard, 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 regulat ed 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 liste d in Section VII.B. shall be handled as an

administrative amendment as defined in Sec tion 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 Emission s Operating Permit Regulations for the Purposes of Title V of the Fe deral Clean Air Act”, APC-S-6 Regarding Requirements of the Federal Tailoring Rule for Greenhouse Gases

This amendment to the State of Mississip pi’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 Ru le 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) emi ssions 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 “absu rd results” and an “administrative burden”

that would occur if GHGs are regulated at the current Titl e V major source applicability level of 100 tons per year when GHGs b ecome 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 concentr ations 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 co mbined emissions of these well-mixed

GHGs from new motor vehicl es and new motor vehicle engines contribute to the greenhouse gas pollution which threatens publ ic 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 th e Interpretation, the agency established that Clean Air Act (CAA) permitting requirements apply to a newly regulated pollutant at the time a regulatory requirement to c ontrol emissions of that pollu tant “takes effect” (rather than upon promulgation or the legal effectiv e date of the regulation containing such a requirement). Based on the anticipated pr omulgation 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 Janua ry 2, 2011 is the earliest date that a 2012 model year vehicle meeting these rule re quirements may be sold in the United

States.

At the current major Title V source appli cability level of 100 tons per year, the EPA projected that millions of additional Titl e V permits would be required nationally, severely impacting each state, local and trib al 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 a pplicability 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 tit le V requirements for GHGs. During this time, no sources would be subject to Cl ean 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 emi ssions of any other pollutant . Facilities that emit at least 100,000 tpy CO2e will be subject to title V permitting requirements.