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Mississippi 2012 Annual Mean PM2.5 Infrastructure SIP 

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Mississippi Certification 

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

2012 Annual Mean PM2.5 Requirements

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

Clean Air Act for the 2012 Annual Mean PM2.5 Primary National Ambient Air Quality Standard 

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

(SIP) and are referred to in this document: 

APC-S-1 Mississippi Commission on Environmental Quality 

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

Air Contaminants”

APC-S-2 Mississippi Commission on Environmental Quality 

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

Emissions Equipment”

APC-S-3 Mississippi Commission on Environmental Quality 

“Mississippi Regulations for the Prevention of Air Pollution Emergency 

Episodes”

APC-S-5 Mississippi Commission on Environmental Quality 

“Mississippi Regulations for the Prevention of Significant Deterioration of 

Air Quality”

Appendix A-9 Mississippi Code Title 49

Appendix A-10 State Ethics Law as of July 1, 2011 (Mississippi Code Title 25, Chapter 4) 

and Mississippi Ethics Commission Advisory Opinion No. 95-042-E, May 

5, 1995

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

Appendix R State Implementation Plan Revision Regarding Regional Haze Program 

Requirements: SIP Narrative Addressing Visibility Improvement in 

Federal Class I Areas
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Mississippi 2012 Annual Mean PM2.5 Infrastructure SIP 

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Section 110(a)(1) 

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

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

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

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

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

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

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

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

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

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

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

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

the hearing required by the first sentence of this paragraph. 

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

listed above for the primary annual average PM2.5 standard. 

Section 110(a)(2)(A) 

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

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

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

to meet the applicable requirements of this chapter. 

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

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

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

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

and abatement of pollution. 

Section 110(a)(2)(B) 

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

procedures necessary to— 

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

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

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

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

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

development of the PM2.5 monitoring network is ongoing; therefore, Mississippi’s PM2.5
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Mississippi 2012 Annual Mean PM2.5 Infrastructure SIP 

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monitoring strategy will be established per the requirements set forth in the 2016 and any 

subsequent Annual Monitoring Network plan relevant to the development of the State’s PM2.5

monitoring network. 

Section 110(a)(2)(C) 

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

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

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

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

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

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

provides for the enforcement of measures described in Section 110(a)(2)(A). SIP Section APCS-2, Section I.D. lists permitting requirements including those for minor new source review 

permitting. SIP Section APC-S-2, Section II.A. requires that no permit shall be issued unless the 

applicant has complied with applicable requirements from APC-S-4 (Ambient Air Quality 

Standards) including the PM2.5 National Ambient Air Quality Standards. The APC-S-4 

regulations were updated on October 24, 2013, using a new regulatory numbering system. Those 

regulations are shown here. 

Section 110(a)(2)(D) 

Contain adequate provisions— 

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

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

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

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

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

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

or to protect visibility

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

1). 

All monitored sites in Mississippi and surrounding states have been designated as 

unclassifiable/attainment for the 2012 PM2.5 annual mean primary standard. In Table 

1, the highest monitored 2012 PM2.5 NAAQS Design Values for Mississippi and 

surrounding states are shown. The 2013 and 2014 design values data shows that 

these sites are meeting the 2012 PM2.5 annual mean primary standard. Thus, 

Mississippi does not significantly contribute to nonattainment areas in nearby states 

because the nearby states have not been designated as nonattainment for this standard. 

In Table 2, the Mississippi monitored 2012 PM2.5 NAAQS Design Values shows the 

general downward trend of PM2.5 concentrations throughout the state. 
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Because of inconsistent methodologies used in the calculations of PM2.5 emissions 

data from surrounding states from reviewing 2008 and 2011 NEI data, valid 

comparisons demonstrating changes between the two sets of data is not possible. 

However, based on the monitoring data, it is likely that significant decreases in PM2.5

emissions occurred between 2008 and 2011. 2014 NEI emissions data is not 

available at this time. 

SIP Section APC-S-2, Section VI. provides for the enforcement of measures 

described in Section 110(a)(2)(A). SIP Section APC-S-2, Section I.D. lists permitting 

requirements including those for minor new source review permitting. SIP Section 

APC-S-2, Section II.A. requires that no permit shall be issued unless the applicant has 

complied with applicable requirements from APC-S-4 (Ambient Air Quality 

Standards) including the PM2.5 National Ambient Air Quality Standards. The APCS-4 regulations were updated on October 24, 2013, using a new regulatory numbering 

system. Those regulations are shown here. Therefore, these regulations control and 

regulate sources of PM2.5 emissions including PM2.5 precursors through the state’s 

permitting program 

Table 1. Highest Monitored 2012 PM2.5 NAAQS Design Values (μg/m3) 

State 2009-

2011 

DV 

% of 

NAAQS 

2010-

2012 

DV 

% of 

NAAQS 

2011-

2013 

DV 

% of 

NAAQS 

2012-

2014 

DV 

% of 

NAAQS 

Mississippi 11.6 97% 11.6 97% 11.0 92% 10.5 88% 

Alabama 12.9 108% 13.0 108% 11.9 99% 11.3 94% 

Arkansas 11.1 93% 11.2 93% 10.6 88% 9.8 82% 

Louisiana 10.2 85 10.2 85% 9.4 78% 9.0 75% 

Tennessee * * * * * * * * 

* Invalid Data 

Table 2. Mississippi Monitored 2012 PM2.5 NAAQS Design Values (μg/m3

) 

County 2009-

2011 

DV 

% of 

NAAQS 

2010-

2012 

DV 

% of 

NAAQS 

2011-

2013 

DV 

% of 

NAAQS 

2012-

2014 

DV 

% of 

NAAQS 

DeSoto 9.9 83% 9.8 82% 9.6 80% 9.6 80% 

Forrest 11.6 97% 11.6 97% 11.0 92% 10.5 88% 

Grenada 9.5 79% 9.5 79% 9.3 78% 9.0 75% 

Hancock 9.8 82% 9.6 80% 8.9 74% 8.8 73% 

Harrison 9.6 80% 9.8 82% 9.6 80% 9.3 78% 

Hinds 11.1 93% 11.0 92% 10.4 87% 9.9 83% 

Jackson 9.5 79% 9.4 78% 8.9 74% 9.2 77% 
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2. Interfere with maintenance of NAAQS by any other State (Prong 2). 

For the same reasons listed in Prong 1, Mississippi does not interfere with 

maintenance areas in nearby states because the nearby states do not have maintenance 

areas for this standard. 

 

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

related to Prevention of Significant Deterioration (Prong 3). 

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

major sources and major modifications. 

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

related to Regional Haze and Visibility (Prong 4). 

On June 27, 2012, (77 FR 38191) EPA finalized a limited approval of revisions to the 

Mississippi SIP (SIP Appendix R) submitted to EPA on September 22, 2008, and 

May 9, 2011. 

On June 7, 2012, (77 FR 33642) EPA finalized a limited disapproval of SIP Appendix 

R because it relied on requirements of the Clean Air Interstate Rule (CAIR) to satisfy 

certain regional haze requirements. 

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

applicable requirements of sections 115 and 126(b) that involve PM2.5 emissions 

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

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

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

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

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

requirements of this criterion. 

Section 110(a)(2)(E)

Provide 

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

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

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

funding, and authority under State (and, as appropriate, local) law to carry out such 
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implementation plan (and is not prohibited by any provision of Federal or State law from 

carrying out such implementation plan or portion thereof). 

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

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

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

other than the purposes for which provided. 

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

section 128 of this title. 

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

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

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

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

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

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

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

MDEQ submission is stated below. 

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

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

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

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

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

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

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

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

the disclosure of any potential conflicts of interest. 

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

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

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

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

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

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

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

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

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

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

terms used and prohibit conflicts of interests by Commission members. 

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

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

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

beneficiary. 

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

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

legal entity or undertaking organized for economic gain, a nonprofit 

corporation or other such entity, association or organization receiving 

public funds. 

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

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

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

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

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

public servant or his relative exercises control. 

(f) “Contract” means: 

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

(ii) Any agreement on behalf of the government which 

involves the payment of public funds. 

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

collectively and separately, including, but not limited to: 

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

instrumentality, or legislative or administrative body of the 

state, counties or municipalities created by statute, 

ordinance or executive order including all units that expend 

public funds. 

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

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

the sovereign power of the state. 

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

commercial interests or anything else the primary significance of which is 

economic gain. Expenses associated with social occasions afforded public 

servants shall not be deemed a pecuniary benefit. 

(p) “Public servant” means: 
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(i) Any elected or appointed official of the government; 

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

head, agent or employee of the government or any agency 

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

of the State of Mississippi or created by an agency or 

governmental entity thereof, any of which is funded by 

public funds or which expends, authorizes or recommends 

the use of public funds; or 

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

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

expended by the government. 

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

 

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

obtain, pecuniary benefit for himself other than that compensation 

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

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

(3) No public servant shall: 

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

of office or employment by which he attempts to influence 

a decision of the authority of the governmental entity of 

which he is a member. 

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

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

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

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

communicated to the public or is not public information. 

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

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

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

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

the commission in accordance with the provisions of this chapter: 

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

Mississippi Ethics Commission, charged with the administration or 

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

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

purposes of this chapter, the commission may require, upon a majority 
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Mississippi 2012 Annual Mean PM2.5 Infrastructure SIP 

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

advisory board or commission; 

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

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

designated: 

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

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

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

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

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

105(1). 

Public servants must keep the performance of their official duties entirely 

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

remain separate and distinct, public servants must recuse themselves from 

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

A proper recusal occurs when the public servant totally removes himself 

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

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

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

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

absent for that matter. 

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

concerning regulations or licensing restrictions that would affect the pecuniary 

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

which he or she is associated. 

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

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

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

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

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

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

commission may further recommend to the Circuit Court for Hinds 

County that the elected public servant be removed from office. 

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

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

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

more than Ten Thousand Dollars ($10,000.00), or both. The commission 
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Mississippi 2012 Annual Mean PM2.5 Infrastructure SIP 

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

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

to a demotion or reduction in pay. 

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

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

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

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

commission for the benefit of the governmental entity injured. 

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

recommendation of the commission, the commission may petition the 

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

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

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

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

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

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

sanction, fines and restitution orders. 

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

Appendix A-10 Code Sections 25-4-27 and 25-4-29 meet the requirements of Clean Air Act 

Section 128(a)(2). As aforestated, SIP Appendix A-10 Code Section 24-4-25 provides for the 

filing of a statement of economic interest by every Commission member. SIP Appendix A-10 

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

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

on Environmental Quality, and the MDEQ Permit Board are required to file such statements. The 

failure to file such a statement is addressed in SIP Appendix A-10 Code Section 25-4-29(2), 

which sets a monetary penalty for failing to file. 

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

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

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

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

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

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

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

responsibility for ensuring adequate implementation of such plan provision 

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

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

instrumentality for the implementation of any plan provision. 
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Mississippi 2012 Annual Mean PM2.5 Infrastructure SIP 

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Section 110(a)(2)(F)

Require, as may be prescribed by the Administrator— 

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

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

from such sources, 

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

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

as the Commission deems necessary. MDEQ certifies that the SIP excludes any provision that 

would prevent the use of any credible evidence of noncompliance. 

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

such sources, and 

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

required to be included in any MDEQ air pollution permit. 

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

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

public inspection.

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

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

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

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

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

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

Section 110(a)(2)(G)

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

plans to implement such authority. 

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

the Commission or Executive Director, it may issue an emergency order as circumstances may 

require. It also states that an emergency situation exists when there is an imminent and 

substantial endangerment threatening public health, welfare, and the environment. 

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

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

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

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

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

episodes. 
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Section 110(a)(2)(H)

Provide for revision of such plan— 

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

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

methods of attaining such standard, and 

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

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

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

additional requirements established under this chapter.

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

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

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

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

inadequate to attain the NAAQS. 

Section 110(a)(2)(I) 

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

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

Mississippi is not required to address these requirements. 

Section 110(a)(2)(J)

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

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

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

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

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

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

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

agency or subdivision thereof. 

MDEQ has public notice mechanisms in place to notify the public of PM2.5. Certain regulatory 

actions may also be published in newspapers and/or public hearings. SIP Section APC-S-3 

requires that MDEQ notify the public of any air pollution alert, warning, or emergency. 
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Mississippi 2012 Annual Mean PM2.5 Infrastructure SIP 

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SIP Section APC-S-5 addresses PSD applicable requirements of Part C. The purpose of this 

regulation is to allow Mississippi to implement a program for the prevention of significant 

deterioration of air quality as required by 40 CFR 51.166 and 40 CFR 52.21. 

SIP Appendix R addresses visibility protection applicable requirements of Part C. It 

demonstrates how Mississippi plans to meet the Clean Air Act Regional Haze requirements. 

Mississippi has no Class I areas within its borders: The Class I Areas that are closest to 

Mississippi are Breton National Wildlife Refuge in Louisiana, Sipsey Wilderness Area in 

Alabama and Caney Creek Wilderness Area in Arkansas. Appendix R includes state and Federal 

Land Manager consultation efforts and the technical analyses needed to determine and evaluate 

regional haze improvements in Class I areas near Mississippi. Emission inventories and regional 

haze modeling information are listed. In addition, long-term strategies, reasonable progress 

goals, and monitoring strategies for nearby Class I areas are discussed. 

Section 110(a)(2)(K)

Provide for— 

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

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

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

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

Administrator. 

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

permit applicability. 

Section 110(a)(2)(L)

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

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

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

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

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

costs or other costs associated with any enforcement action), 

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

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

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

these costs. SIP Appendix A-9, Section 49-2-9(c) authorizes MDEQ to apply for, receive, and 

expend federal or state funds in order to operate its programs. MDEQ uses state legislative 

appropriations, federal 105 grant funds, and Title V fees for the reasonable cost of review, 

approval, implementation, and enforcement of all air permitting programs. SIP Appendix A-9, 

Section 49-17-14 allows MDEQ to expend or utilize monies in the Mississippi Air Operating 
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Mississippi 2012 Annual Mean PM2.5 Infrastructure SIP 

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Permit Program Fee Trust Fund to pay all reasonable direct and indirect costs associated with the 

development and administration of the Title V program including, but not limited to, the 

reasonable costs of performing activities related to the Title V program. These funding 

mechanisms reflect the reasonable cost of review, approval, implementation, and enforcement of 

the state’s air permitting program. The Title V operating program fees cover the reasonable cost 

of implementation and enforcement of PSD permits after they have been issued. 

Section 110(a)(2)(M)

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

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

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

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

establishing, amending, or repealing standards of air quality. SIP Appendix R is an example of 

providing for consultation and participation with local entities. 

 
15 

Mississippi 2012 Annual Mean PM2.5 Infrastructure SIP 

Final, December 8, 2015 

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

requirements 

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

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

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

 


16 

Mississippi 2012 Annual Mean PM2.5 Infrastructure SIP 

Final, December 8, 2015 

Public participation for Mississippi 2012 Annual Mean PM 2.5 Infrastructure SIP for CAA 

requirements 

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

comment period that began on November 6, 2015 and ended on December 7, 2015. The public 

notice was published consistent with procedures approved by EPA. 

The notice of public comment period was published on November 6, 2015, in daily newspapers 

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

hearing and the draft SIP were made available for public review in the main branches of the 

public libraries in the above mentioned cities and at the Mississippi Department of 

Environmental Quality, 515 E. Amite St., Jackson, Mississippi, 39201 and was also made 

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

The public notice and proofs of publication follow this page. 

 
17 

Mississippi 2012 Annual Mean PM2.5 Infrastructure SIP 

Final, December 8, 2015 

Public Notice 

Mississippi Commission on Environmental Quality 

P. O. Box 2261 

Jackson, MS 39225 

Telephone No. (601) 961-5171 

Public Notice Start Date: November 6, 2015 MDEQ Contact: Jerry Beasley 

Deadline for Comment: December 7, 2015 

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

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

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

requirements of Section 110(a)(1) and (2) of the Clean Air Act for the 2012 Annual Mean PM2.5 

Primary National Ambient Air Quality Standard (NAAQS) as promulgated by the U.S. 

Environmental Protection Agency (EPA). 

Copies of the draft certification may be obtained by writing or calling Mr. Lorenzo Boddie at the 

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

for public review from Friday, November 6, 2015, through Monday, December 7, 2015 at the 

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

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

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

Quality; New Information. 

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

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

December 7, 2015. All comments received by this date will be considered in preparation of the 

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

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

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