APC-S-5, PSD Regulations , Amended December 14, 2011

Final Redline-Strikeout Version 1 MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY

“REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY”

APC-S-5

Amended April 28, 2011 Amended December 14, 2011APC-S-5, PSD Regulations , Amended December 14, 2011

Final Redline-Strikeout Version 2 MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY

REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY

APC-S-5

Adopted June 28, 1990 Amended April 25, 1991 Amended December 9, 1993

Amended August 22, 1996

Amended July 28, 2005 Amended August 23, 2007 Amended October 28, 2010

Amended April 28, 2011 Amended December 14, 2011

1. The purpose of this regulation is to implem ent a program for the prevention of significant deterioration of air quality as required by 40 CFR 51.166. This regulation supercedes and replaces the previous adoption by re ference of 40 CFR 52.21 and 40 CFR 51.166. 40 CFR 52.21 and 51.166 as used in this regulati on refer to the federal regulations as amended and promulgated by March 22, 2011 November 4, 2011 , except as provided in 2. below. CFR refers to the “Code of Federal Regulations”.

2. Other than the subsections and phrases listed below and except for the changes set forth in Section 3. of this regulation, the provisions of 40 CFR 52.21 as amended and promulgated by March 22, 2011 November 4, 2011 , are incorporated herein and adopted by reference by the Mississippi Commission on Environmental Quality as official regulations of the State of Mississippi and shall hereafter be enforceable as such. The following subsection and phrases of 40 CFR 52.21 are excluded from this regulation:

2.1 (a) [Plan disapproval],

2.2 (q) [Public Participation],

2.3 (s) [Environmental Impact Statement],

2.4 (u) [Delegation of authority],

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

2.6 The phrase “in circumstances where there is a reasonable possibility , within the meaning of paragraph (r)(6)(vi) of 40 CFR 52.21, that a project that is not a part of a major modification may result in a significan t emissions increase” in paragraph (r)(6) of (r) [Source obligation].APC-S-5, PSD Regulations , Amended December 14, 2011

Final Redline-Strikeout Version 3 2.7 (i)(1)(x i) [Exemptions; PM2.5 in complete PSD app lications received prior to July 15, 2008]

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3. The term “Administrator” as it appears in 40 CFR 52.21 shall mean the Mississippi Environmental Quality Permit Board, except that:

3.1 In subparagraph (b)(3)(iii) [relating to “net emissions increase”], it shall mean either the Mississippi Environmental Quality Perm it Board or the Administrator of the United States Environmental Protection Agency (USEPA).

3.2 In the following subsections, it shall continue to mean the Administrator of the

USEPA:

a. (b)(17) [definition of “federally enforceable”];

b. paragraph b(37)(i);

c. paragraph b(43);

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

e. paragraph b(50)(i);

f. paragraph b(51);

g. (g)(1)-(g)(6) [Redesignation];

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

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

j. (t) [Disputed permits or redesignations].

4. Subsections 40 CFR 51.166(f) Ex clusions from Increment Consumption (excluding the phrase “The plan may provide that”) and 40 CFR 51.166(q) “Public Participation” (excluding the phrase “The plan shall provide th at.”) are incorporated herein and adopted by reference, except for the changes set forth below:

4.1 The phrases “the plan provides that” and “it shall also provide that” are excluded from paragraph 40 CFR 51.166(f)(2),

4.2 The term “Administrator” as it appears in subparagraphs (f)(l)(v),(f)(4),and(q)(2)(iv) shall continue to mean the Administrator of the USEPA,APC-S-5, PSD Regulations , Amended December 14, 2011

Final Redline-Strikeout Version 4 4.3 The phrase “specified time period” in subparagraph (q)(1) shall mean thirty (30) days,

4.4 The phrase “reviewing authority” sha ll mean Mississippi Department of Environmental Quality, and

4.5 The words “one year” in subparagraph (q)(2) shall be replaced by the words “one hundred and fifty (150) days.”

5. The Executive Director of the Mississippi De partment of Environmental Quality shall

transmit to the Administrator of the USEPA a copy of each permit application filed under this regulation and shall notify the Administra tor of the USEPA of each significant action the Executive Director takes on the application.

6. This regulation applies to any stationary source or modification to which 40 CFR 52.21 applied as of the date of adoption of this regulation, but for which the Mississippi Environmental Quality Permit Board had not issued a permit pursuant to 40 CFR 52.21 by

that date.