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Mississippi 2012 Annual Mean PM 2.5 Infrastructure SIP Final, December 8, 2015 

## Mississippi Certification

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

2012 Annual Mean PM 2.5 

## Requirements

This certification addresses Mi ssissippi’s obligations under S ection 110(a)(1) a nd (2) of the

Clean Air Act for the 2012 Annual Mean PM 2.5 Primary National Ambient Air Quality Standard (NAAQS). The following state regula tions 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 P revention, 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 Preventi on of Significant Deterioration of Air Quality”

Appendix A-9 Mississippi Code Title 49

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

and Mississippi Ethics Commission Ad visory 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 Re garding Regional Haze Program Requirements: SIP Narrative Addre ssing Visibility Improvement in

Federal Class I Areas2

Mississippi 2012 Annual Mean PM 2.5 Infrastructure SIP Final, December 8, 2015 Section 110(a)(1)

Each State shall, after reasonable notice and public hearings, adopt and submit to the Administrator, within 3 years (or such shorter pe riod as the Administrato r may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof) under section 109 of this title fo r any air pollutant, a plan which provides for implementation, maintenance, and enforcement of such primary standard in each air qual ity control region (or portion thereof) within such State. In addition, such Stat e shall adopt and submit to the Administrator (either as a part of a plan submi tted under the preceding sentence or separately) within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national ambient air quality secondary standard (or revision thereof), a plan which provides for implementation, maintenanc e, and enforcement of such secondary standard in each air quality control region (or portion thereo f) within such State. Unless a separate public hearing is provided, each State shall consider its plan implementing su ch secondary standard at the hearing required by the fi rst sentence of this paragraph.

The submittal of this State Implementation Plan for Mississippi will satisfy the requirements listed above for the primary annual average PM 2.5 standard.

Section 110(a)(2)(A)

Include enforceable emission lim itations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requi rements of this chapter.

SIP Appendix A-9, Section 49-17-17(h), provides the Mississippi Department of Environmental Quality (MDEQ) the ability to adopt, modify, or repeal and promulgate ambient air quality

standards and emission standards for the stat e under such conditions as the Mississippi Commission on Environmental Quality (Commission) may prescribe for the prevention, control, and abatement of pollution.

Section 110(a)(2)(B)

Provide for establishment and operation of appropriate devi ces, methods, systems, and procedures necessary to—

(i) monitor, compile, and analyze da ta on ambient air quality, and (ii) upon request, make such data available to the Administrator.

SIP Appendix A-9 Section 49-17-17(g ) provides MDEQ with the nece ssary statutory authority to collect and disseminate information relating to air quality and pollu tion and the prevention, control, supervision, and abatement thereof. As of the date of this infrastructure submittal, the development of the PM 2.5 monitoring network is ongoing; therefore, Mississippi’s PM 2.53

Mississippi 2012 Annual Mean PM 2.5 Infrastructure SIP Final, December 8, 2015 monitoring strategy will be established per the requirements set fo rth in the 2016 and any subsequent Annual Monitoring Network plan rele vant to the development of the State’s PM 2.5 monitoring network.

Section 110(a)(2)(C)

Include a program to provide for the enforcem ent of the measures described in subparagraph (A), and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as requi red in parts C and D of this subchapter.

SIP Sections APC-S-5 and APC-S-2, Section V. apply to the construc tion of any new major stationary source or any existi ng major stationary sources. SI P Section APC-S-2, Section VI. provides for the enforcement of measures desc ribed 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, S ection 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 PM 2.5 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 pollu tant in amounts which will— (I) contribute significantly to nonatta inment in, or interfere with maintenance by, any other State with respect to any such national primary or secondary ambient air quality standard, or (II) interfere with measures required to be includ ed in the applicable implementation plan for any other State under part C of this subchapter to prevent significant deterioration of air quality or to protect visibility

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

All monitored sites in Mississippi and surr ounding states have been designated as

unclassifiable/attainment for the 2012 PM 2.5 annual mean primary standard. In Table 1, the highest monitored 2012 PM 2.5 NAAQS Design Values for Mississippi and surrounding states are shown. The 2013 a nd 2014 design values data shows that these sites are meeting the 2012 PM 2.5 annual mean primary standard. Thus, Mississippi does not significantl y contribute to nonattainme nt areas in nearby states because the nearby states have not been desi gnated as nonattainment for this standard. In Table 2, the Mississippi monitored 2012 PM 2.5 NAAQS Design Values shows the general downward trend of PM 2.5 concentrations throughout the state.4

Mississippi 2012 Annual Mean PM 2.5 Infrastructure SIP Final, December 8, 2015 Because of inconsistent methodologies used in the calculations of PM 2.5 emissions data from surrounding states from re viewing 2008 and 2011 NEI data, valid comparisons demonstrating changes between th e two sets of data is not possible. However, based on the monitoring data, it is likely that significant decreases in PM 2.5 emissions occurred between 2008 and 2011. 2014 NEI emissions data is not

available at this time.

SIP Section APC-S-2, Secti on VI. provides for the enforcement of measures described in Section 110(a)(2)(A). SIP Sec tion 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 PM 2.5 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 re gulations control and regulate sources of PM 2.5 emissions including PM 2.5 precursors through the state’s permitting program

Table 1. Highest Monitored 2012 PM 2.5 NAAQS Design Values (μg/m 3 )

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. Mississi ppi Monitored 2012 PM 2.5 NAAQS Design Values (μg/m 3 )

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%5

Mississippi 2012 Annual Mean PM 2.5 Infrastructure SIP Final, December 8, 2015 2. Interfere with maintenance of N AAQS 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 requi red to meet the Implementati on Plan for any other State related to Prevention of Signifi cant Deterioration (Prong 3).

SIP Section APC-S-5 reference federal PSD requirements that are applicable to new major sources and major modifications.

4. Interfere with measures required to meet the implementation plan for any other State related to Regional Haze and Visibility (Prong 4).

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 secti ons 115 and 126(b) that involve PM 2.5 emissions (relating to interstate and international pollu tion abatement).” EPA has no reason to approve or disapprove any existing state ru les with regard to these provisions.

SIP Section APC-S-5 shows where 40 CFR 51.166 was adopted by reference into the SIP. These regulations require notification of potential impacts from new or modified sources to state and local agencies of nei ghboring states. Therefor e, the SIP meets the requirements of this criterion.

Section 110(a)(2)(E)

Provide

(i) necessary assurances that the State (or, except where the Administrator deems inappropriate, the general purpose local government or governm ents, or a regional agency designated by the State or general purpose local governments for such purpose) will have adequate personnel, funding, and authority under State (and, as appr opriate, local) law to carry out such6

Mississippi 2012 Annual Mean PM 2.5 Infrastructure SIP Final, December 8, 2015 implementation plan (and is not prohibited by any provision of Federa l or State law from carrying out such implementa tion plan or portion thereof).

SIP Appendix A-9, Section 49-17-17(d), grants MDEQ statutory authority to accept and administer laws and grants from the federa l government and from other sources, public and private, for carrying out any of its functions, which loans and grants shall not be expended for other than the purposes for which provided.

(ii) requirements that the State comply with the requirements resp ecting State boards under section 128 of this title.

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

1997 annual and 2006 24-hour PM 2.5 NAAQS infrastructure SIPs submitted by MDEQ on July 13, 2012. EPA proposed to approve the MDEQ subm ission as it related to the public interest requirements of Clean Air Act (CAA) Section 128( a)(1) and the conflict of interest disclosure provisions of CAA Section 128(a)(2). EPA also proposed to disapprove the submission as it pertained to compliance with the significant po rtion of income requirements of CAA Section 128(a)(1). These EPA actions are detailed in Federal Register Vol. 77, No. 154, 47573. The MDEQ submission is stated below.

SIP Appendix A-9, Section 49-17-17(a), st ates that the Miss issippi Commission on Environmental Quality shall have powers and dutie s to issue and supervis e enforcement orders. SIP Appendix A-9, Section 49-17-28, states th e Mississippi Department of Environmental Quality (MDEQ) Permit Board has the power to issue, modify, revoke, or deny permits. These are the only boards that have authorization to issue enforcement orders and permits.

MDEQ is proposing that provisions of the Missi ssippi State Constitution and of the Mississippi Code are substantially equivalent to the requ irements of the Federal Program by providing for

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

SIP Appendix A-11, Article 4, Section 109 of the Mississippi Constitutio n provides “No public officer or member of the legislatur e shall be interested, directly or indirectly, in any contract with the state, or any district, count y, city, or town thereof, authorized by any law passed or order made by any board of which he may be or may have been a member, during the term for which he shall have been chosen, or within one year af ter the expiration of such term.” Simply being a

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

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

In addition to the Constitutional prohibition, Mississipp i has an ethical charter set forth in SIP Appendix A-10 Mississippi Code Section 25-4-101, et. seq. These Code sections define the terms used and prohibit conflicts of interests by Commission members.

SIP Appendix A-10 Mississippi Code Section 25 -4-103 provides the following definitions, in pertinent part:7

Mississippi 2012 Annual Mean PM 2.5 Infrastructure SIP Final, December 8, 2015 (b) “Benefit” means any gain or adva ntage to the beneficiary, including any gain or advantage to a third person purs uant to the desire or consent of the beneficiary.

(c) “Business” means any corporation, pa rtnership, sole proprietorship, firm, enterprise, franchise, association, organization, holding company, selfemployed individual, joint-stock comp any, receivership, trust or other legal entity or undertaking orga nized for economic gain, a nonprofit corporation or other such entity, association or or ganization receiving public funds.

(d) “Business with which he is associated” means any business of which a public servant or his relative is an officer, director, owner, partner, employee or is a holder of more than ten percent (10%) of the fair market

value or from which he or his rela tive derives more than Two Thousand Five Hundred Dollars ($2,500.00) in a nnual income or over which such public servant or his rela tive exercises control.

(f) “Contract” means:

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

(ii) Any agreement on behalf of the government which involves the payment of public funds.

(g) “Government” means the state and all political entities thereof, both collectively and separately, in cluding, but not limited to:

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

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

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

(l) “Pecuniary benefit” means benef it in the form of money, property, commercial interests or anything else the primary significance of which is economic gain. Expenses associated w ith social occasions afforded public servants shall not be deemed a pecuniary benefit.

(p) “Public servant” means:8

Mississippi 2012 Annual Mean PM 2.5 Infrastructure SIP Final, December 8, 2015 (i) Any elected or appointed official of the government;

(ii) Any officer, di rector, commissioner, supervisor, chief, head, agent or employee of the government or any agency thereof, or of any public enti ty created by or under the laws

of the State of Mi ssissippi or created by an agency or governmental entity thereof, any of which is funded by public funds or which expends, authorizes or recommends the use of public funds; or

(iii) Any individual who receives a salary, per diem or expenses paid in whole or in part ou t of funds authorized to be expended by the government.

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

(1) No public servant shall use his offi cial position to obtain, or attempt to obtain, pecuniary benefit for himsel f other than that compensation provided for by law, or to obtain, or attempt to obtain, pecuniary benefit for any relative or any business with which he is associated.

(3) No public servant shall:

(d) Perform any service for any compensation during his term of office or employment by whic h he attempts to influence a decision of the authority of the governmental entity of

which he is a member.

(5) No person may intentionally use or disclose information gained in the course of or by reason of his offici al position or employment as a public servant in any way that could result in pecuniary benefit for himself, any relative, or any other person, if the information has not been communicated to the public or is not public information.

The interests of each of the Board member ar e made public by the required filing of a statement of economic interest pursuant to SIP Appendix A-10 Missis sippi Code Section 25-4-25, which provides in pertinent part:

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

the commission in accordance with the provisions of this chapter:

(e) Members of any state board, co mmission or agency, including the Mississippi Ethics Commission, char ged with the administration or expenditure of public funds, with th e exception of advisory boards or commissions; provided, however, in order to fulfill the legislative purposes of this chapter, the co mmission may require, upon a majority9

Mississippi 2012 Annual Mean PM 2.5 Infrastructure SIP Final, December 8, 2015 vote, the filing of a statement of economic interest by members of an advisory board or commission;

(f) Executive directors, heads, or members of any board, committee, commission or council of any of the following entities, by whatever name designated:

The application of the above referenced statut es has been addressed by the Mississippi Ethics Commission in SIP Appendi x A-10 Advisory Opinion 95-042-E, as follows:

State commission members [should] not use their official positions to obtain a pecuniary benefit for themselves , their relatives or any business with which they are associated in violation of SIP Appendix A-10 Code Section 25-4- 105(1).

Public servants must keep the performa nce of their official duties entirely separate and distinct from any private intere sts. In order for the private interests to remain separate and distinct, public se rvants must recuse themselves from discussing or acting on any subject matter in which they have a pecuniary interest.

A proper recusal occurs when the public servant totally removes himself or herself from the pertinent matter by not o fficially or unofficia lly taking part or action regarding the subject matter and l eaves the room or area where such discussions, considerations or actions take place. The minutes of the state

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

absent for that matter.

A commission member(s) should not vot e on or take part in a matter concerning regulations or li censing restrictions that w ould affect the pecuniary

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

which he or she is associated.

Violations of SIP Appendix A-10 Code Section 25-4-105 are punishable in accordance with SIP Appendix A-10 Code Section 25-4-109, which provides in pertinent part:

(1) Upon a finding by clear and convinci ng evidence that any elected public servant or other person has violated any provision of this article, the commission may censure the elected public servant or impose a civil fine

of not more than Ten Thousand Dollars ($10,000.00), or both. The commission may further recommend to the Circuit Court for Hinds County that the elected public se rvant be removed from office.

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

more than Ten Thousand Dollars ($10,000.00), or both. The commission10

Mississippi 2012 Annual Mean PM 2.5 Infrastructure SIP Final, December 8, 2015 may further recommend to the Circui t Court for Hinds County that the nonelected public servant be removed fr om office, suspended, or subjected to a demotion or reduction in pay.

(3) The commission may order restitution or other equitable or legal remedies to recover public funds or property unlawfully taken, as well as unjust enrichment, although not public funds. Any pecuniary benefit received by a public servant in violation of this article may be declared forfeited by the commission for the benefit of the governmental entity injured.

(4) In the event a public servant does not appeal the decision or recommendation of the commission, the commission may petition the Circuit Court for Hinds County for the removal, suspension, demotion or reduction of pay of the public servant as provided by law.

Under the provisions of its Ethics laws , members of the Mississippi Commission on Environmental Quality and the MDEQ Permit Boar d are considered public servants, bound by all the provisions of the State’s Ethics laws. It is clear that members of the Commission and Permit Board are prohibited taking any action in their personal interests, on penalty of removal, sanction, fines and restitution orders.

MDEQ is proposing that SIP Appendix A-10 C ode 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 Appendi x A-10 Code Section 24-4-25 provides for the filing of a statement of economic interest by every Commission memb er. SIP Appendix A-10 Code Section 25-4-27(a) through (f) define the in formation required to be submitted by filers of the statement of economic interest. The MDEQ Executive Director, th e Mississippi Commission on Environmental Quality, and the MDEQ Permit Boar d are required to file such statements. The

failure to file such a statement is addresse d in SIP Appendix A-10 C ode 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 a ny potential conflicts of interest.

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

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

SIP and related issues. The State does not re ly on a local regional government, agency, or instrumentality for the implement ation of any plan provision.11

Mississippi 2012 Annual Mean PM 2.5 Infrastructure SIP Final, December 8, 2015 Section 110(a)(2)(F)

Require, as may be prescrib ed by the Administrator—

(i) the installation, maintenance, and replacemen t of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources to monitor emissions from such sources,

SIP Appendix A-9, Section 49-17-21, states that the Commission may require the installation, maintenance, and use of such monitoring equipmen t and methods at such locations and intervals as the Commission deems necessary. MDEQ certif ies that the SIP excludes any provision that would prevent the use of any cred ible 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, Sec tion VI lists requirements for compliance testing and reporting that is required to be included in any MDEQ air pollution permit.

(iii) correlation of such reports by the State agency with any emission limitations or standards established pursuant to this chapter, which repor ts shall be available at reasonable times for public inspection.

SIP Appendix A-9, Section 49-17-21, states that MDEQ has the authority to require the maintenance of records related to the operation of air contaminant sources and any authorized representative of the Commission may examin e and copy any such records or memoranda pertaining to the operation of such contaminan t source. SIP Section APC-S-2, Section IX requires that copies of records relating to the operati on of air contaminatio n sources shall be submitted to the Permit Board as required by the permit or upon request.

Section 110(a)(2)(G)

Provide for authority com parable to that in section 303 of this title and adequate contingency plans to implement such authority.

SIP Appendix A-9, Section 49-17-27, states that in the event an emergency is found to exist by the Commission or Executive Director, it may is sue 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 Di rector determines that an Air Pollution Emergency Episode condition exists at one or more monitoring sites solely because of emissions from a limited number of sources, he may order su ch source or sources to put into effect the emission control programs which are applicable for each episode stage. SIP Section APC-S-3 also lists regulations to prevent the excessi ve buildup of air polluta nts during air pollution episodes.12

Mississippi 2012 Annual Mean PM 2.5 Infrastructure SIP Final, December 8, 2015 Section 110(a)(2)(H)

Provide for revision of such plan—

(i) from time to time as may be necessary to ta ke account of revisions of such national primary or secondary ambient air quality standard or the av ailability of improved or more expeditious methods of attaining such standard, and (ii) except as provided in paragraph (3)(C), when ever the Administrator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain the national ambient air quality st andard which it implements or to otherwise comply with any additional requirements establ ished under this chapter.

(i) SIP Appendix A-9, Section 49-17-17(h) provid es MDEQ with the necessary statutory authority to revise the SIP to accommodate changes to the NAAQS.

(ii) SIP Appendix A-9, Section 49-17-17(h) provid es MDEQ with the necessary statutory authority to revise the SIP if the Administrator finds the plan to be substantially inadequate to attain the NAAQS.

Section 110(a)(2)(I)

In the case of a plan or plan revision for an ar ea designated as a nonattainment area, meet the applicable requirements of part D of this s ubchapter (relating to nonattainment areas).

Mississippi is not required to address these requirements.

Section 110(a)(2)(J)

Meet the applicable requirements of section 121 of this title (r elating to consultation), section 127 of this title (relating to public notificati on), and part C of this subchapter (relating to prevention of significant deterioration of air quality and visibility protection).

SIP Section APC-S-5, in addition to provisions in separate imple mentation plans (such as SIP Appendix R) provide for continue d consultation with government officials. SIP Appendix A-9, Section 49-17-17(c), provides MDEQ with the necessary statutory authority to advise, consult, cooperate, or enter into contract s, grants, and cooperative agreem ents with any federal or state agency or subdivision thereof.

MDEQ has public notice mechanisms in place to notify the public of PM 2.5 . 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.13

Mississippi 2012 Annual Mean PM 2.5 Infrastructure SIP Final, December 8, 2015 SIP Section APC-S-5 addresses PSD applicable requirements of Pa rt C. The purpose of this regulation is to allow Mississippi to impleme nt a program for the pr evention of significant deterioration of air quality as required by 40 CFR 51.166 and 40 CFR 52.21.

SIP Appendix R addresses visibi lity protection applicable re quirements of Part C. It demonstrates how Mississippi plans to meet th e Clean Air Act Regional Haze requirements. Mississippi has no Class I areas within its bord ers: 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 Arka nsas. Appendix R includes state and Federal Land Manager consultation efforts and the technica l 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 addi tion, 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 qua lity of any emissions of any air pollutant for

which the Administrator has established a national ambient air quality standard, and (ii) the submission, upon request, of data rela ted to such air quality modeling to the

Administrator.

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

Section 110(a)(2)(L)

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

(i) the reasonable costs of reviewing and acti ng upon any application for such a permit, and (ii) if the owner or operator receives a perm it for such source, the reasonable costs of implementing and enforcing the terms and conditions of any such permit (not including any court

costs or other costs associated with any enforcement action), until such fee requirement is superseded with re spect to such sources by the Administrator’s approval of a fee program under subchapter V of this chapter.

SIP Appendix A-9, Section 49-17-30, provides for the assessment of Title V permit fees to cover these costs. SIP Appendix A-9, S ection 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 Titl e 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 Operating14

Mississippi 2012 Annual Mean PM 2.5 Infrastructure SIP Final, December 8, 2015 Permit Program Fee Trust Fund to pay all reasonable direct and indirect costs associated with the development and administration of the Titl e V program including, but not limited to, the reasonable costs of performing activities rela ted to the Title V program. These funding

mechanisms reflect the reasonable cost of revi ew, approval, implementation, and enforcement of the state’s air permitting program. The Title V ope rating program fees cover the reasonable cost of implementation and enforcement of PSD pe rmits after they have been issued.

Section 110(a)(2)(M)

Provide for consultation and partici pation by local political subdivi sions affected by the plan.

SIP Appendix A-9, Section 49-17-17(c), gives the Commission the statutory authority to advise and consult with any political subd ivisions in the State. SIP Appendix A-9, Section 49-17-19(b) requires the Commission to conduct public hearings in accordance w ith EPA regulations prior to establishing, amending, or repeali ng standards of air qua lity. SIP Appendix R is an example of providing for consultation and part icipation with local entities.15

Mississippi 2012 Annual Mean PM 2.5 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 duri ng the public comment period. There were no other comments received. Mississippi acknowledges the EPA comment letter and incorporated the comments into the final SIP. The EPA comment letter follows this page.16

Mississippi 2012 Annual Mean PM 2.5 Infrastructure SIP Final, December 8, 2015 Public participation for Mississippi 2012 Annu al Mean PM 2.5 Infrastructure SIP for CAA requirements

Public participation for the above referen ced 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 w ith 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 ma de available for public review in the main branches of the public libraries in the above mentioned citi es and at the Missi ssippi Department of Environmental Quality, 515 E. Amite St., J ackson, Mississippi, 39201 and was also made available on the Department’s website http://www.deq.state.ms.us.

The public notice and proofs of publication follow this page.17

Mississippi 2012 Annual Mean PM 2.5 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 Miss issippi Commission on Environmen tal Quality (“Commission”) is providing draft information for comment regarding the Mississippi Certification that the State Implementation Plan for the Control of Air Pollution is adequate to comply with the requirements of Section 110(a)(1 ) and (2) of the Clean Air Ac t for the 2012 Annual Mean PM2.5 Primary National Ambient Air Quality Standa rd (NAAQS) as promulgated by the U.S. Environmental Protection Agency (EPA).

Copies of the draft certification may be obtaine d by writing or calling Mr. Lorenzo Boddie at the address and telephone number list ed above. The draft cer tification 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 Gulf port, Jackson, and Tupelo. For those persons with internet access, the draft certi fication information may be fo und on the Mississippi Department of Environmental Quality’s website at http://w ww.deq.state.ms.us by clicking on Programs; Air Quality; New Information.

Persons wishing to comment on the draft certification are invited to submit comments in writing to Jerry Beasley at the 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 dr aft certification.

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