### MISSISSIPPI

DEPARTMENT OF ENVIRONMENTAL QUALITY

OFFICE OF POLLUTION CONTROL

STATE IMPLEMENTATION PLAN (SIP)

REVISION

REGARDING REQUIREMENTS OF THE FEDERAL TAILORING RULE FOR

GREENHOUSE GASES AS IT PERTAINS TO

PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY

INCLUDING AMENDMENTS TO

“REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION OF

AIR QUALITY” APC-S-5

Adopted October 28, 2010GHG PSD SIP Revision

October 28, 2010 

### TABLE OF CONTENTS

1.47 Introduction: State Impl ementation Plan (SIP) Revision Regarding Requirements of

the Federal Tailoring Rule for Greenhouse Gase s As It Pertains to the Prevention of

Significant Deterioration of Air Quality (PSD).

1.48 Notification of Public Hearing for the Proposed SIP Revision

3.21 Legal Authority for the SIP Revision

5.19 Control Strategy for the SIP Revision

6.23 Control Regulations for the SIP Revision

14.1.18 Health Effects of the SIP Revision

14.3.18 Economic Effects of the SIP Revision

14.5.18 Social Effects of the SIP Revision

14.6.18 Air Quality Effects of the SIP Revision

Appendix C-21 Amendments to “Regulations for the Prevention of Significant Deterioration

of Air Quality”, APC-S-5GHG PSD SIP Revision

October 28, 2010 

### 1.47 Introduction: State Implementation Plan (S IP) Revision Regarding Requirements of the

Federal Tailoring Rule for Greenhouse Gases As It Pertains to the Prevention of Significant

Deterioration of Air Quality (PSD).

The purpose of this SIP revision and amendments to the State of Mississippi’s “Regulations

for the Prevention of Significant Deterioration of Air Quality”, APC-S-5 is to incorporate the

Greenhouse Gas Tailoring Rule as promulgate d by the Environmental Protection Agency

(EPA) on June 3, 2010, by reference and to inco rporate other recently promulgated changes

to the Federal PSD regulations promulgated as of September 13, 2010 except for the New

Source Review PM 2.5 

### Implementation Rule provisions. We have specifically excluded the

New Source Review PM 2.5 

### Implementation Rule provisions from this SIP Revision and

rulemaking. We expect to submit a se parate SIP Revision addressing the PM 2.5 

### provisions at

a later date.

The Greenhouse Gas Tailoring Rule is necessary to avoid “absurd results” and an

“administrative burden” that would occur if GHGs are regulated at the current major source

applicability level of 100/250 tons per year wh en GHGs become a regul ated pollutant. EPA

has determined that GHGs will become a re gulated 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 at mospheric concentrations of the six,

key, well-mixed GHGs threaten the public health and welfare of current and

future generations. The Cause or Contribute Finding found that the

combined emissions of these well-mixe d GHGs from new motor vehicles and

new motor vehicle engines contribute to the greenhouse gas pollution which

threatens public health and welfare. These findings, which were published

December 15, 2009, do not impose any re quirements 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 memo randum, "EPA's Interpretation of

Regulations that Determine Pollutants Covered by Federal Prevention of

Significant Deterioration (PSD) Permit Program" (known as the “Johnson

Memo” or the “PSD Interpretive Memo”). In the Interpretation, the agency

established that Clean Air Act (CAA) permitting requirements apply to a

newly regulated pollutant at the time a regulatory requirement to control

emissions of that pollutant “takes e ffect” (rather than upon promulgation or

the legal effective date of the regulation containing such a requirement).

Based on the anticipated promulgation of the light duty vehicle rule, the

notice stated that the GHG requirements of the vehicle rule would trigger

CAA permitting requirements for stationary sources on January 2, 2011.



### • On April 1, 2010, EPA finalized the li ght duty vehicle rule controlling GHG

emissions. This rule confirmed that Ja nuary 2, 2011 is the earliest date that aGHG PSD SIP Revision

October 28, 2010 

### 2012 model year vehicle meeting these ru le requirements may be sold in the

United States.

At the current major source applicability level of 100/250 tons per year, the EPA projected

that tens of thousands of PSD permits would be required nationally, severely impacting each

state, local and tribal permitting authorities’ abilities to manage air quality. The Tailoring

Rule was promulgated to “tailor” the requi rements of the CAA permitting programs to limit

which facilities will be required to obtain PSD permits. The tailoring rule will phase in GHG

applicability as described below:



### • Step 1. (January 2, 2011 –June 30, 2011). Only sources currently subject to

the PSD permitting program (i.e., those that are newly-constructed or

modified in a way that significantly increases emissions of a pollutant other

than GHGs) would be subject to permitting requirements for their GHG

emissions under PSD. For these proj ects, only GHG increases of 75,000 tpy

or more of total GHG, on a CO2e basis, would need to determine the Best

Available Control Technology (BACT) for their GHG emissions. During

this time, no sources would be subject to Clean Air Act permitting

requirements due solely to GHG emissions.



### • Step 2. (July 1, 2011 to June 30, 2013). In this phase, PSD permitting

requirements will cover for the first time new construction projects that emit

GHG emissions of at least 100,000 tpy even if they do not exceed the

permitting thresholds for any other po llutant. Modifications at existing

facilities that increase GHG emissions by at least 75,000 tpy will be subject

to permitting requirements, even if they do not significantly increase

emissions of any other pollutant.

The SIP revision also incorporates two administ rative changes to the PSD regulations. These

changes relate to Mississippi's pre-existing excl usion of certain provisions of the Federal PSD

regulations from our SIP, specifically, provisi ons pertaining to the “reasonable possibility”

standard, “clean units”, and “pollution control projects” (PCPs). EPA updated the “reasonable

possibility” language set forth in 40 CFR 52.21(r)(6 ) on December 21, 2007. In this SIP revision,

Mississippi continues to exclude “reasonable possibl e” from the incorporation by reference but the

exclusion has been modified to reflect the updated “reasonable possibility” language. The exclusion

list was also updated to remove a reference to “clean units” and PCPs. That action reflects the DC

Circuit’s vacature of the Federal clean unit and PCP provisions.

In addition to changes to address the Tailoring Ru le and the aforementioned administrative changes

mentioned above, the SIP revision also includes: (1) provisions to exclude facilities that produce

ethanol through a natural fermentati on process (hereafter referred to as the “Ethanol Rule”) from the

definition of “chemical process plants” in the major New Source Review (NSR) source permitting

program; and (2) revision to incorporate by reference changes pursuant to EPA's Fugitive Emissions

Rule (73 FR 77882, December 19, 2008).GHG PSD SIP Revision

October 28, 2010 

### This SIP Revision and amendments to AP C-S-5 were adopted on October 28, 2010, by the

Mississippi Commission on Environmental Quality. The amendments to APC-S-5 will become

effective on December 1, 2010.GHG PSD SIP Revision

October 28, 2010 

### 1.48 Notification of Public Hearing for Proposed SIP Revision and Amendments to APC-S-5 .

Public participation on the SIP Revision and am endments to air pollution control regulations

was achieved by a public hearing held on Wedne sday, October 13, 2010, at 10:00 a.m. in the

Commission Hearing Room (Room 104A) of the Mississippi Department of Environmental

Quality Office Building located at 515 E. Amite Street, Jackson, Mississippi 39201 in

accordance with the information provide d in the public notice and Mississippi

Administrative Procedures Act. The notice for public hearing was published consistent with

procedures approved by EPA.

The notice of public hearing was published on September 13, September 20, and September

27, 2010, in daily newspapers in the cities of Gu lfport, Jackson, and Tupelo in the State of

Mississippi. The notice of public hearing, the proposed SIP revision, and proposed

amendments to state air pollution control regula tions was made availabl e for public review in

the main branches of the public libraries in the above mentioned citie s and at the Mississippi

Department of Environmental Quality, 515 E. Amite St., Jackson, Mississippi, 39201 and

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

public notice was also mailed to persons on th e air pollution control regulation mailing list.

The notice of public hearing follows this page.GHG PSD SIP Revision

October 28, 2010 

### MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY

NOTICE OF PROPOSED RULEMAKING

NOTICE OF PUBLIC HEARING

PUBLIC NOTICE START DATE: SEPTEMBER 13, 2010

PLEASE TAKE NOTE that the Mississippi Commi ssion on Environmental Quality (“Commission”)

is considering a Revision to the State Implementa tion Plan for Air Pollution Control (SIP Revision)

and amendments to state air pollution contro l regulations. The proposed SIP Revision and

regulation amendments will be applicable statewid e. The Commission’s authority to adopt the SIP

Revision is found at Mississippi Code Annotated S ection 49-2-9(1)(b) and Section 49-17-17(b). The

Commission’s authority to adopt amendments to the regulations is found at Mississippi Code

Annotated Section 49-2-9(1)(b) and Section 49-17-17(i)

I. The proposed actions concern adoption of:

1. Amendments to “Air Emission Regulations for the Prevention, Abatement, and

Control of Air Contaminants,” APC-S-1 to adopt, by reference, amendments to

Federal New Source Performance Standards, as promulgated in 40 CFR Part 60 and

Federal National Emission Standards for H azardous Air Pollutants as promulgated in

40 CFR Parts 61 and 63.

2. A SIP Revision and amendments to “Regul ations for the Prevention of Significant

Deterioration of Air Quality”, APC-S-5 which will incorporate by reference updated

relevant portions of federal regulati ons as promulgated in 40 CFR Parts 51.166,

52.21, and 52.22 in order to make the state Prevention of Significant Deterioration of

Air Quality permitting program consistent with the federal requirements.

Specifically, the proposed amendments will incorporate EPA’s recently promulgated

Tailoring Rule for Greenhouse Gases wh ich specifies that beginning in 2011,

projects that will substantially increase gr eenhouse gas emissions will require an air

permit. The revision does not incorporate implementation of fine particulate matter

that was promulgated on May 16, 2008. The Commission will propose a SIP

revision for implementation of fine particul ate matter in a separate action at a later

date.

3. Amendments to “Air Emissions Operati ng Permit Regulations for the Purposes of

Title V of the Federal Clean Air Act”, APC-S-6, in order to make the Title V

permitting program consistent with the federal requirements. Specifically, the

proposed amendments will incorporate EP A’s recently promulgated Tailoring Rule.

II. Manner By Which the Public May Comment.

Copies of the proposed amendments to the re ferenced regulations ma y be obtained by calling

Ms. Maya Rao at 601-961-5242 or Mr. Conni e Simmons at 601-961-5165 or writing to

Mississippi Department of Environmental Quality, Air Division, P.O. Box 2261, Jackson,

Mississippi 39201. For persons with internet access, a copy of the proposed SIP revision

and proposed amendments to the referenced regulations may be found on the Mississippi

Department of Environmental Quality’s website at http://www.deq.state.ms.us . Also, copiesGHG PSD SIP Revision

October 28, 2010 

### of the proposed SIP Revision and proposed amendm ents to the referenced regulations will be

available for public review through Wednesda y, October 13, 2010, in the main branch of

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

proposed SIP Revision and amendments to the re ferenced regulations ma y also be reviewed

in the offices of the Mississippi Department of Environmental Quality, 515 E. Amite Street,

Jackson, Mississippi. Please contact Ms. E dna Banks at (601) 961-5171 to schedule an

appointment.

Members of the public may present verbal or written comments at the public hearing

described below. Also, written statements re garding the proposed SIP Revision and proposed

regulation amendments will be made part of the public hearing record if delivered by 5:00

p.m., Wednesday, October 13, 2010, to the attenti on of Ms. Maya Rao at the address shown

above.

III. Notice of Public Hearing.

A public hearing regarding the proposed SIP Revision and regulation amendments will be

conducted. The hearing will be held on Wedne sday, October 13, 2010, at 10:00 a.m. in the

Commission Hearing Room (Room 104A) of the Mississippi Department of Environmental

Quality Office Building located at 515 E. Amite Street, Jackson, Mississippi 39201.

IV. Additional Information.

For additional information, please contact Ms. Maya Rao at 601-961-5242 or Mr. Connie

Simmons at 601-961-5165.GHG PSD SIP Revision

October 28, 2010 

### 3.21 Legal Authority for the SIP Revision

No legislative actions are needed concerning th is SIP revision. The State of Mississippi Air

& Water Pollution Control Law, Section 49-17-1 to 49-17-43, Mississippi Code of 1972,

gives the Commission on Environmental Quality the necessary legal authority to adopt and

implement this proposed SIP revision. The St ate act (as of July 1, 2010) Mississippi Code

Annotated, Section 49-17-13(3) designates the Commission as the State air pollution control

agency for all purposes of the federal pollution control legislation and programs and take all

actions necessary thereto.

Public participation on the proposed SIP revi sion was achieved by a public hearing held on

October 13, 2010. The public hearing was he ld at 10:00 a.m., Wednesday, October 13,

2010, in the Commission Hearing Room (Room 104A) of the Mississippi Department of

Environmental Quality Office Building located at 515 E. Amite Street, Jackson, Mississippi

39201.GHG PSD SIP Revision

October 28, 2010 

### 5.19 Control Strategy for the SIP Revision

This SIP revision includes amendments to air pollution control regulations which are control

regulations and control strategies. Therefore, no additional control strategies are needed.GHG PSD SIP Revision

October 28, 2010 

### 6.23 Control Regulations for the SIP Revision

Amendments to state regulations are incl uded in Appendix C-21 of this proposed SIP

revision.GHG PSD SIP Revision

October 28, 2010 

### 14.1.18 Health Effects of the Revision

No adverse health effects are expected to be caused by this SIP revision.GHG PSD SIP Revision

October 28, 2010 

### 14.3.18 Economics Effects of the SIP Revision

No adverse economic effects due to this SIP revision are foreseen.GHG PSD SIP Revision

October 28, 2010 

### 14.5.18 Social Effects of the SIP Revision

No adverse social effects are foreseen as a result of this SIP revision.GHG PSD SIP Revision

October 28, 2010 

### 14.6.18 Air Quality Effects of the SIP Revision

This SIP revision will not have any adverse air quality effects.GHG PSD SIP Revision

October 28, 2010 

### MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY

OFFICE OF POLLUTION CONTROL

STATE IMPLEMENTATION PLAN REVISION

APPENDIX C-21

AMENDMENTS TO

“REGULATIONS FOR THE PREVENTION OF SIGNIFICANT

DETERIORATION OF AIR QUALITY”

APC-S-5

### MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY

“REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION OF AIR

QUALITY”

APC-S-5

Amended October 28, 2010APC-S-5, PSD Regulations, Amended October 28, 2010

Final Redline-Strikeout Version.doc



### 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

1. The purpose of this regulation is to implemen t 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 June 15, 2007 September 13, 2010 , 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

June 15, 2007 September 13, 2010 , 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 (x)[Clean Unit Test],

2.6 (y)[Clean Unit Provisions],

2.7 (z)[PCP exclusion procedural requirements],

2.8 2.5 (cc)[Routine maintenance, repair, and replacement], andAPC-S-5, PSD Regulations, Amended October 28, 2010

Final Redline-Strikeout Version.doc



### 3 2.9 2.6 The phrase “in circumstances wher e 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].

2.7 Certain amendments to 40 CFR 52.21 specified in 73 FR 28321-28350. The

excluded provisions are as follows:

a. Revised paragraphs (b)(23)(i) and (b)( 50)(i). In lieu of these paragraphs

(b)(23)(i) and (b)(50)(i) of 40 CFR 52.21, as amended and promulgated by

June 15, 2007, are incorporated and adopted by reference.

b. Addition of paragraphs (b)(50)(vi) and (i)(1)(xi).

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”APC-S-5, PSD Regulations, Amended October 28, 2010

Final Redline-Strikeout Version.doc



### 4 (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,

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.

### MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY

“REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION OF AIR

QUALITY”

APC-S-5

Amended October 28, 2010APC-S-5, PSD Regulations , Amended October 28, 2010

Final Clean Version.doc



### 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

1. The purpose of this regulation is to implemen t 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 September 13, 2010, 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

September 13, 2010, 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 ther e is a reasonable possibility, within the

meaning of paragraph (r)(6)(vi) of 40 CFR 52.21, th at 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 October 28, 2010

Final Clean Version.doc



### 3 2.7 Certain amendments to 40 CFR 52.21 specified in 73 FR 28321-28350. The

excluded provisions are as follows:

a. Revised paragraphs (b)(23)(i) and (b)( 50)(i). In lieu of these paragraphs

(b)(23)(i) and (b)(50)(i) of 40 CFR 52.21, as amended and promulgated by

June 15, 2007, are incorporated and adopted by reference.

b. Addition of paragraphs (b)(50)(vi) and (i)(1)(xi).

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),APC-S-5, PSD Regulations , Amended October 28, 2010

Final Clean Version.doc



### 4 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,

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.

### MISSISSIPPI

DEPARTMENT OF ENVIRONMENTAL QUALITY

OFFICE OF POLLUTION CONTROL

TECHNICAL SUPPORT

DOCUMENT

ATTENDANT TO THE

SIP REVISION

REGARDING REQUIREMENTS OF THE FEDERAL TAILORING RULE FOR

GREENHOUSE GASES AS IT PERTAINS TO

PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY

INCLUDING AMENDMENTS TO

“REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION OF

AIR QUALITY”, APC-S-5

Adopted October 28, 2010GHG PSD Final SIP Revision, October 28, 2010

State of Mississippi 

### TABLE OF CONTENTS

Discussion.............................................................................................................Page 1

Purpose of the Revision. .......................................................................................Page 2

Sources Affected by the Revision.........................................................................Page 2

Pollutants Involved. ..............................................................................................Page 2

Changes in Allowable Emissions. ........................................................................Page 2

Location/Attainment Status. .................................................................................Page 2

Part D SIP/Attainment Demonstration Impact. ....................................................Page 2

Air Quality Impacts. .............................................................................................Page 2

Modeling...............................................................................................................Page 2

Compliance Methods to be Employed..................................................................Page 2

Public Hearing. .....................................................................................................Page 2

Response to Comments on Proposed SIP Revision..............................................Page 3

Regulation Changes. .............................................................................................Page 3

Final Adoption of SIP Revision and Amendments to APC-S-5...........................Page 3

Administrative Procedures Requirements. ...........................................................Page 3

ATTACHMENTS

Letter from Mississippi DEQ to EPA dated July 28, 2010........................Attachment 1

Comments received on proposed SIP Revision......................................Attachment 1A

Letter from Brunini, Grantham, Grower, and Hewes, October 13, 2010

Letter from EPA Region 4, October 8, 2010

Proposed Regulations in EPA Format (Redline/Strikeout). ......................Attachment 2

Amendments to Regulation APC-S-5

Proofs of Publication. ................................................................................Attachment 3

Notice of Public HearingGHG PSD Final SIP Revision, October 28, 2010

State of Mississippi 

### Final Adoption Evidence. ..........................................................................Attachment 4

Commission Order no. 5851-10

Commission Meeting Minutes regardi ng Commission Action on SIP and Regulation

Amendments.

Secretary of State FilingGHG PSD Final SIP Revision, October 28, 2010

State of Mississippi 

### DISCUSSION:

The purpose of this SIP revision and amendments to the State of Mississippi’s “Regulations for the

Prevention of Significant Deterior ation of Air Quality”, APC-S-5 is to incorporate the Greenhouse

Gas Tailoring Rule as promulgated by the Envir onmental Protection Agency (EPA) on June 3, 2010,

by reference and to incorporate other recently prom ulgated changes to the Federal PSD regulations

promulgated as of September 13, 2010 except for the New Source Review PM 2.5 

### Implementation

Rule provisions. We have specifica lly excluded the New Source Review PM 2.5 

### Implementation Rule

provisions from this SIP Revision and rulemaking. We expect to submit a separate SIP Revision

addressing the PM 2.5 

### provisions at a later date.

The Greenhouse Gas Tailoring Rule changed the major source and significance level thresholds of

greenhouse gas (GHG) emissions subject to the PSD regulations. The Mississippi Department of

Environmental Quality is proposing to modify its current PSD regulations to be consistent with

EPA’s tailoring rule to include additional thres holds of 100,000 tons per year of GHGs for major

source applicability and 75,000 tons per year of GHGs as a significance threshold, based on carbon

dioxide equivalent emissions for six GHGs - Car bon dioxide (CO2), Methan e (CH4), Nitrous oxide

(N2O), Hydrofluorocarbons (HFCs), Perfluorocarbons (PFCs), and Sulfur hexafluoride (SF6).

This Tailoring Rule is necessary to avoid “absurd results” and an “administrative burden” that would

occur if GHGs are regulated at the current major source applicability level of 100/250 tons per year

when GHGs become a regulated pollutant. EPA ha s 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 concen trations of the six, key, well-mixed GHGs

threaten the public health and welfare of current and future generations. The Cause

or Contribute Finding found th at the combined emissions of these well-mixed GHGs

from new motor vehicles and new moto r vehicle engines contribute to the

greenhouse gas pollution which threatens public health and welfare. These findings,

which were published December 15, 2009, do not impose any requirements on

industry or other entities. However, they were a prerequisite to finalizing the GHG

standards for light-duty vehicles.



### • On December 18, 2008, EPA issued a memorandum, "EPA's Interpretation of

Regulations that Determine Pollutants C overed by Federal Prevention of Significant

Deterioration (PSD) Permit Program" (known as the “Johnson Memo” or the “PSD

Interpretive Memo”). In the Interpretation, the agency established that Clean Air Act

(CAA) permitting requirements apply to a ne wly regulated pollutant at the time a

regulatory requirement to control emissions of that pollutant “takes effect” (rather

than upon promulgation or the legal effectiv e date of the regulation containing such a

requirement). Based on the anticipated prom ulgation 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.GHG PSD Final SIP Revision, October 28, 2010

State of Mississippi 

### • On April 1, 2010, EPA finalized the li ght duty vehicle rule controlling GHG

emissions. This rule confirmed that January 2, 2011 is the earliest date that a 2012

model year vehicle meeting these rule requi rements may be sold in the United States.

At the current major source applicability level of 100/250 tons per year, the EPA projected that tens

of thousands of PSD permits would be required nationally, severely impacting each state, local and

tribal permitting authorities’ abilities to manage ai r quality. The Tailoring Rule was promulgated to

“tailor” the requirements of the CAA permitting pr ograms to limit which fac ilities will be required to

obtain PSD permits. The tailoring rule will phase in GHG applicability as described below:



### • Step 1. (January 2, 2011 –June 30, 2011). Only sources currently subject to the PSD

permitting program (i.e., those that are newly- constructed or modified in a way that

significantly increases emissions of a polluta nt other than GHGs) w ould be subject to

permitting requirements for their GHG emissi ons under PSD. For these projects, only

GHG increases of 75,000 tpy or more of total GHG, on a CO2e basis, would need to

determine the Best Available Control Technology (BACT) for their GHG emissions.

During this time, no sources would be subject to Clean Air Act permitting

requirements due solely to GHG emissions.



### • Step 2. (July 1, 2011 to June 30, 2013). In this phase, PSD permitting requirements

will cover for the first time new constructi on projects that emit GHG emissions of at

least 100,000 tpy even if they do not exceed the permitting thresholds for any other

pollutant. Modifications at existing facilities that increase GHG emissions by at least

75,000 tpy will be subject to permitting re quirements, even if they do not

significantly increase emissions of any other pollutant.

The SIP revision also incorporates two administ rative changes to the PSD regulations. These

changes relate to Mississippi's pre-existing excl usion of certain provisions of the Federal PSD

regulations from our SIP, specifically, provisi ons pertaining to the “reasonable possibility”

standard, “clean units”, and “pollution control projects” (PCPs). EPA updated the “reasonable

possibility” language set forth in 40 CFR 52.21(r)(6 ) on December 21, 2007. In this SIP revision,

Mississippi continues to exclude “reasonable possibl e” from the incorporation by reference but the

exclusion has been modified to reflect the updated “reasonable possibility” language. The exclusion

list was also updated to remove a reference to “clean units” and PCPs. That action reflects the DC

Circuit’s vacature of the Federal clean unit and PCP provisions.

In addition to changes to address the Tailoring Ru le and the aforementioned administrative changes

mentioned above, the SIP revision also includes: (1) provisions to exclude facilities that produce

ethanol through a natural fermentati on process (hereafter referred to as the “Ethanol Rule”) from the

definition of “chemical process plants” in the major New Source Review (NSR) source permitting

program; and (2) revision to incorporate by reference changes pursuant to EPA's Fugitive Emissions

Rule (73 FR 77882, December 19, 2008).

This SIP Revision and amendments to AP C-S-5 were adopted on October 28, 2010, by the

Mississippi Commission on Environmental Quality. The amendments to APC-S-5 will become

effective on December 1, 2010.GHG PSD Final SIP Revision, October 28, 2010

State of Mississippi 

### PURPOSE OF THE REVISION:

The purpose of the SIP revision is to incorporat e by reference the requirements of the federal

Greenhouse Gas Tailoring Rule as promulgated by the U.S. Environmental Protection Agency

(EPA) on June 3, 2010, as it pertains to the Preven tion of Significant Deterioration of Air Quality

and to incorporate other recently promulgated cha nges to the Federal PSD regulations promulgated

as of September 13, 2010, except for the New Source Review PM 2.5 

### Implementation Rule

provisions. We have specifically excluded the New Source Review PM 2.5 

### Implementation Rule

provisions from this SIP Revision and rulemaking. We expect to submit a separate SIP Revision

addressing the PM 2.5 

### provisions at a later date. Attachment 1 contains a letter from Mississippi DEQ

to EPA dated July 28, 2010, regarding adoption of the greenhouse gas tailoring rule.

SOURCES AFFECTED BY THE REVISION:

This SIP revision potentially affects all sources and practices subject to air pollution control

regulations in Mississippi.

POLLUTANTS INVOLVED:

The pollutants affected by this SIP Revision are all pollutants subject to regulation.

CHANGES IN ALLOWABLE EMISSIONS:

This SIP Revision does not include any provisions for emission limitation changes.

LOCATION/ATTAINMENT STATUS:

All areas of the state are designated attainment for all NAAQS. The SIP Revision does not change

any requirements for sources locating in or impacting non-attainment areas.

PART D SIP/ATTAINMENT DEMONSTRATION IMPACT:

This is not applicable.

AIR QUALITY IMPACTS:

This SIP Revision will have no adverse impact on air quality.

MODELING:

No modeling is necessary for this SIP Revision.

COMPLIANCE METHODS TO BE EMPLOYED:

Compliance with the amended regulations will be achieved by air emission permits.GHG PSD Final SIP Revision, October 28, 2010

State of Mississippi 

### PUBLIC HEARING:

Public participation on the SIP Revision was achie ved by a public hearing held Wednesday, October

13, 2010, at 10:00 a.m. in the Commission Hear ing Room (Room 104A) of the Mississippi

Department of Environmental Quality Office Bu ilding located at 515 E. Amite Street, Jackson,

Mississippi 39201 in accordance with the informati on provided in the public notice and Mississippi

Administrative Procedures Act. The notice fo r public hearing was published consistent with

procedures approved by EPA.

The notice of public hearing was published on September 13, September 20, and September 27,

2010, in daily newspapers in the cities of Gulfport, Jackson, and Tupelo in the State of Mississippi.

The notice of public hearing, the proposed SIP re vision, and proposed amendments to state air

pollution control regulations was 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, Mississi ppi, 39201 and also was made available on the Department’s

website http://www.deq.state.ms.us. The public notice was also mailed to persons on the air

pollution control regulation mailing list.

TSD Attachment 2 contains a copy of the noti ce of public hearing and copies of proofs of

publication of the notice of public hearing.

RESPONSE TO COMMENTS ON PROPOSED PLAN REVISION:

One written comment was received during the public hearing. The comment letter is included in

TSD Attachment. Our response to the comment was to adopt the SIP and regulation amendments as

proposed.

REGULATION CHANGES:

This SIP Revision and amendments to AP C-S-5 were adopted on October 28, 2010, by the

Mississippi Commission on Environmental Quality. The amendments to APC-S-5 will become

effective on December 1, 2010. TSD Attachment 2 contains amendments to APC-S-5 in

interlineated or redline/strikeout format.

FINAL ADOPTION OF PLAN REVISION AND REGULATIONS:

This SIP Revision and amendments to AP C-S-5 were adopted on October 28, 2010, by the

Mississippi Commission on Environmental Quality. The amendments to APC-S-5 will become

effective on December 1, 2010.

ADMINISTRATIVE PROCEDURES REQUIREMENTS:

The proposed SIP Revision and amendments to regulations was completed in accordance with

Mississippi's Administrative Procedures Law and the Mississippi Air and Water Pollution Control

Law. TSD Attachment 4 will contain evidence of administrative procedure requirements.GHG PSD Final SIP Revision, October 28, 2010

State of Mississippi 

### ATTACHMENT 1

MISSISSIPPI DEQ LETTER TO EPA DATED JULY 28, 2010GHG PSD Final SIP Revision, October 28, 2010

State of Mississippi 

### ATTACHMENT 1A

COMMENTS ON PROPOSED SIP REVISIONJohnE.MimerThePinnacleBuilding,Suite100PostOfficeDrawer119190EastCapitolStreetJackson,Mississippi39205E-mail:jmilner@brunini.comJackson,Mississippi39201AflOR.NEYSATLAWDirect:601.960.6842Telephone:601.948.3101Facsimile:601.960.6902October13,2010

[

C

[

II

\ll

[Mr.RoyFurrh

Li

111

OCT 132010ChiefCounselMississippiDepartmentofEnvironmentalQuality515AmiteStreet________________________Jackson,MS39201RE:ProposedSIPrevisionsandCommissionregulationamendmentsconcerningEPATailoringRuleDearRoy:TheMississippiManufacturersAssociation(MMA)hasreviewedtheproposedrevisionsbytheCommissiononEnvironmentalQuality(Commission)oftheMississippiStateImplementationPlanforAirPollutionControl(SIPRevision)andtheCommission’sproposedamendmentstostateairpollutioncontrolregulations,allofwhichconcernchangesrelatedtoU.S.EnvironmentalProtectionAgency’s(EPA)recentlypromulgated“PreventionofSignificantDeteriorationandTitleVGreenhouseGas(GHG)TailoringRule”.ThisEPAruleisreferredtohereinasthe“TailoringRule”.AsstatedintheMDEQSeptember13,2010PublicNotice,theTailoringRulespecifiesthat,beginningin2011,projectsthatwillsubstantiallyincreasegreenhousegasemissionswillrequireanairpermit.TheproposedSIPRevisionandproposedCommissionregulationamendmentsarecollectivelyreferredtohereinasthe“CommissionTailoringRuleImplementationAmendments“.MMAhasalsoreviewedMDEQ’slettertoEPAdatedJuly28,2010,whichstatesthattheCommission’s“regulatoryamendmentprocesstoamendtheregulationsconcerningthePSDandTitleVshouldbecompletedbyJanuary2,2011,pendingpublicinterestandthepotentialcontroversyrelatedtotheEPA’sPSDandTitleVTailoringRule”.ThisletterwassentinresponsetoEPA’spriorFederalRegister“loyaltyoath”requestforinformationconcerningtheregulatoryprocessrequiredfortheCommissiontopromulgatetheCommissionTailoringRuleImplementationAmendments.MMAhastakenthepositionthatEPAdoesnothavethelegalauthoritytopromulgatetheTailoringRulebyjoininginaPetitionforReviewoftheTailoringRulein“TheNationalAssociationofManufacturers,etal.v.U.S.EnvironmentalProtectionAgency,etal.,”,CaseNo.10-1127intheUnitedStatesCourtofAppealsfortheDistrictofColumbiaCircuit(DistrictofColumbiaCircuit).MMAhasalsojoinedinPetitionsforReviewintheDistrictofColumbiaMr.RoyFurrhOctober13,2010Page2CircuittoobjecttoEPA’slegalauthoritytopromulgatethreeotherEPAGHGrules-EPA’sEndangermentFinding,TimingRuleandTailpipeRule.MMArespectfullyobjectstothepromulgationoftheCommissionTailoringRuleImplementationAmendmentsonthebasisthatthereisnolegalauthorityforEPA’spromulgationoftheTailoringRule,asdescribedabove,andconsequently,forthepromulgationoftheCommissionTailoringRuleImplementationAmendments.Sincerely,Brunini,Grantham,Grower&Hewes,PLLCJohnE.MimerJEMItsw01074992GHG PSD Final SIP Revision, October 28, 2010

State of Mississippi 

### ATTACHMENT 2

AMENDMENTS TO

“REGULATIONS FOR THE PREVENTION OF SIGNIFICANT

DETERIORATION OF AIR QUALITY”

APC-S-5

### MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY

“REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION OF AIR

QUALITY”

APC-S-5

Amended October 28, 2010APC-S-5, PSD Regulations, Amended October 28, 2010

Final Redline-Strikeout Version.doc



### 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

1. The purpose of this regulation is to implemen t 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 June 15, 2007 September 13, 2010 , 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

June 15, 2007 September 13, 2010 , 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 (x)[Clean Unit Test],

2.6 (y)[Clean Unit Provisions],

2.7 (z)[PCP exclusion procedural requirements],

2.8 2.5 (cc)[Routine maintenance, repair, and replacement], andAPC-S-5, PSD Regulations, Amended October 28, 2010

Final Redline-Strikeout Version.doc



### 3 2.9 2.6 The phrase “in circumstances wher e 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].

2.7 Certain amendments to 40 CFR 52.21 specified in 73 FR 28321-28350. The

excluded provisions are as follows:

a. Revised paragraphs (b)(23)(i) and (b)( 50)(i). In lieu of these paragraphs

(b)(23)(i) and (b)(50)(i) of 40 CFR 52.21, as amended and promulgated by

June 15, 2007, are incorporated and adopted by reference.

b. Addition of paragraphs (b)(50)(vi) and (i)(1)(xi).

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”APC-S-5, PSD Regulations, Amended October 28, 2010

Final Redline-Strikeout Version.doc



### 4 (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,

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.

### MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY

“REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION OF AIR

QUALITY”

APC-S-5

Amended October 28, 2010APC-S-5, PSD Regulations , Amended October 28, 2010

Final Clean Version.doc



### 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

1. The purpose of this regulation is to implemen t 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 September 13, 2010, 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

September 13, 2010, 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 ther e is a reasonable possibility, within the

meaning of paragraph (r)(6)(vi) of 40 CFR 52.21, th at 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 October 28, 2010

Final Clean Version.doc



### 3 2.7 Certain amendments to 40 CFR 52.21 specified in 73 FR 28321-28350. The

excluded provisions are as follows:

a. Revised paragraphs (b)(23)(i) and (b)( 50)(i). In lieu of these paragraphs

(b)(23)(i) and (b)(50)(i) of 40 CFR 52.21, as amended and promulgated by

June 15, 2007, are incorporated and adopted by reference.

b. Addition of paragraphs (b)(50)(vi) and (i)(1)(xi).

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),APC-S-5, PSD Regulations , Amended October 28, 2010

Final Clean Version.doc



### 4 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,

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.GHG PSD Final SIP Revision, October 28, 2010

State of Mississippi 

### ATTACHMENT 3

NOTICE OF PUBLIC HEARING

PROOFS OF PUBLICATIONGHG PSD Final SIP Revision, October 28, 2010

State of Mississippi 

### MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY

NOTICE OF PROPOSED RULEMAKING

NOTICE OF PUBLIC HEARING

PUBLIC NOTICE START DATE: SEPTEMBER 13, 2010

PLEASE TAKE NOTE that the Mississippi Commi ssion on Environmental Quality (“Commission”)

is considering a Revision to the State Implementa tion Plan for Air Pollution Control (SIP Revision)

and amendments to state air pollution contro l regulations. The proposed SIP Revision and

regulation amendments will be applicable statewid e. The Commission’s authority to adopt the SIP

Revision is found at Mississippi Code Annotated S ection 49-2-9(1)(b) and Section 49-17-17(b). The

Commission’s authority to adopt amendments to the regulations is found at Mississippi Code

Annotated Section 49-2-9(1)(b) and Section 49-17-17(i)

I. The proposed actions concern adoption of:

1. Amendments to “Air Emission Regulations for the Prevention, Abatement, and

Control of Air Contaminants,” APC-S-1 to adopt, by reference, amendments to

Federal New Source Performance Standards, as promulgated in 40 CFR Part 60 and

Federal National Emission Standards for H azardous Air Pollutants as promulgated in

40 CFR Parts 61 and 63.

2. A SIP Revision and amendments to “Regul ations for the Prevention of Significant

Deterioration of Air Quality”, APC-S-5 which will incorporate by reference updated

relevant portions of federal regulati ons as promulgated in 40 CFR Parts 51.166,

52.21, and 52.22 in order to make the state Prevention of Significant Deterioration of

Air Quality permitting program consistent with the federal requirements.

Specifically, the proposed amendments will incorporate EPA’s recently promulgated

Tailoring Rule for Greenhouse Gases wh ich specifies that beginning in 2011,

projects that will substantially increase gr eenhouse gas emissions will require an air

permit. The revision does not incorporate implementation of fine particulate matter

that was promulgated on May 16, 2008. The Commission will propose a SIP

revision for implementation of fine particul ate matter in a separate action at a later

date.

3. Amendments to “Air Emissions Operati ng Permit Regulations for the Purposes of

Title V of the Federal Clean Air Act”, APC-S-6, in order to make the Title V

permitting program consistent with the federal requirements. Specifically, the

proposed amendments will incorporate EP A’s recently promulgated Tailoring Rule.

II. Manner By Which the Public May Comment.

Copies of the proposed amendments to the re ferenced regulations ma y be obtained by calling

Ms. Maya Rao at 601-961-5242 or Mr. Conni e Simmons at 601-961-5165 or writing to

Mississippi Department of Environmental Quality, Air Division, P.O. Box 2261, Jackson,

Mississippi 39201. For persons with internet access, a copy of the proposed SIP revision

and proposed amendments to the referenced regulations may be found on the Mississippi

Department of Environmental Quality’s website at http://www.deq.state.ms.us . Also, copiesGHG PSD Final SIP Revision, October 28, 2010

State of Mississippi 

### of the proposed SIP Revision and proposed amendm ents to the referenced regulations will be

available for public review through Wednesda y, October 13, 2010, in the main branch of

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

proposed SIP Revision and amendments to the re ferenced regulations ma y also be reviewed

in the offices of the Mississippi Department of Environmental Quality, 515 E. Amite Street,

Jackson, Mississippi. Please contact Ms. E dna Banks at (601) 961-5171 to schedule an

appointment.

Members of the public may present verbal or written comments at the public hearing

described below. Also, written statements re garding the proposed SIP Revision and proposed

regulation amendments will be made part of the public hearing record if delivered by 5:00

p.m., Wednesday, October 13, 2010, to the attenti on of Ms. Maya Rao at the address shown

above.

III. Notice of Public Hearing.

A public hearing regarding the proposed SIP Revision and regulation amendments will be

conducted. The hearing will be held on Wedne sday, October 13, 2010, at 10:00 a.m. in the

Commission Hearing Room (Room 104A) of the Mississippi Department of Environmental

Quality Office Building located at 515 E. Amite Street, Jackson, Mississippi 39201.

IV. Additional Information.

For additional information, please contact Ms. Maya Rao at 601-961-5242 or Mr. Connie

Simmons at 601-961-5165.PROOF

OF PUBLICATION13,2010,inthemainbranchofpubliclibrsiiesinthecitiesofGulort.Jadison,andTupalointheStateofMississipp.TheproposedSIPRests-ionaridamendmentstothereferencedregulationsmayatereviewedintheofficesweptEAnulteStreet,Jackson.Masissippi.PleasepootactMa.EdnaBanksat(601)961-5171toscheduleanappointisentMembersofthepublicmaypresentverbalorwrittencommentsatthepublichearInQdescribedbelow.AJso,writtenstatementsregardingtheproposedSIPRevisionandproposedregulationamendmentswillbemadepalsofthepubfichearingrecordifdeliveredby500p.m.,Wednesday,October13,‘20iOisaBanba-efMSMayaRedattheaddressshownabove..III.NoticeofPublicHearing.ApublmhearinggajdmgMsproposedSIPRevisionandregulationamendmentswillbeconducted.ThehearingwitbeheldonWednesday,October13,2010at10:00am.intheCommissionHearingRoomRoom104A)oftheMississippiDepartinentofEnvimnmeritalQuathyOfficeBulMinglocatedetslsE.Am.itsStreet,Jackson,Mlssisslppi39201.P,’.Additionalinfofl7latiofl,Foradddona]information,pleasecontactMs.MayaRanat601-961-5242orMr.ConmeSimmonsat601-961-5165.sdvf3,20,27,3MONl4217Oo

STATE

OF MISSISSIPPI COUNTY

OF HARRISON Before

me,

the undersigned

Notary

of Harrison

County, Mississippi

personally

appeared

J.keJLe..

&.1ei who,

being

by

me

first

duly sworn,

did depose

and

say

that

she

is

a clerk

of

The

Sun Herald,

a newspaper

published

in the

city Gilf

port, in Harrison

County, Mississippi,

and

the publication of the notice,

a copy

of which

is hereto attached,

has been

made in said paper.

times

in the following

numbers

and

on

the following

dates

of such paper,

viz: Vol.

i

No.,

dated

L

day of__________

,20i Vol.

ILc’

No.,

dated

day

of

,20i Vol.

l(p

No.,

S-fl

dated

f

day of__________

,20

1C Vol.________

No.,_____

dated_____

day of__________

,20_____ Vol._______

No.,_____

dated_____

day of__________

,20_____ Vol.________

No.,_____

dated_____

day of___________

,20_____ Vol.________

No.,_____

dated_____

day of__________

,20_____ Affiant

further

states

on oath

that

said newspaper

has been established

and published continuously

in said country

for

a period of more

than twelve

months

next

prior

to the

first publication

of said notice.

UbCt.MISSISSIPPICOMMISSIONONENVIRONMENTALQUALfYNOTICEOFPROPOSEDRULEMAKINGNOTICEOFPUBUCHEARINGPUBUCNOTICESTARTDATE:SEPTEMBER13,2010PLEASETAKENOTEthaItheMississippiCommissiononEnvironmentalOuality(Commission)isconsideringaRe.visiontotheStateImplementationPIan.focAirPoflutiorrControl(SIPRevision)andamendmentstostateairlutioncontrolregulations.proposedSIPRevisionandregulationamendmentswillbeapplicablestatewide.TheCommission’sauthoritytoadopttheSIPRevisionisfoundatMississippiCodeAnnotatedSection49-2-9(1)(b)andSection49-l7.t7(b).TheCommission’sauthoritytoadoptamendmentstotheregulationsisfoundatMIssisIappiCodeAnnofotedSection.49.17.t7I._I.Theproposedactionsconcernadoptionot1.Amendmentsto‘AirEmissionRegulationsforthePrevention,Abatement,andControlofAxContaminants,’APC-S-1toadopt,byreference,amendmentstoFederalNewSourcePerformanceStandards,aspromulgatedin40CFRPart60n4JNationalEmissionStandardsforHazardousAirPoitantsaspromulgatedin40CRParts61and63.. aASIPRevisionandamendmentsto‘RegulationsforthePreyentiqiiolSisnhll’cantDebaioralioeofAirQuality’,APC-S-5.wthtchwIllincorpOratebyreferenceupdatedrelevantportionsoffederalregulationsaspromulgatedin40CRParts51166,52.21,and52.22inordertomakethestatePreventionofSignifIcantDeteriorationofAirQualityperssiittingprogramcorreistenfwiththefederalreqwrements.Specifically,theproposedamendmentswillIncorporateRmai9GreenhouseGaseswhichspecifiesthatbeginningin2011,pro(ectsthatwillsubstantiallyIncreasegreenhousegasemissionswillrequireanairpermit.TherevisIondoesnotincorporateImplementationoffinepar.ticulalematterthatwaspromulgatedonMay16,2008.TheCommissionwWproposeaSIPrevisionforunptementationoffineparMar.latematterinaseparateanlionatalaterdate.3.Amendmentsto‘AirEmissionsOperatingPermitRegulalionsforthePurposesofTitleVoftheFederalCleanAirAct’,AFC-S-6,inordertomaketheTitleVpermittingprogramconsistentwiththefederalrequirements.Speciltcally,theproposedamendmentswillincorporateEPA’srecentlypromulgatedTailoringRule.Il.MannerByWhichUsePubicMayCommentCopiesoftheproposedamendmentstothereferencedregulaitonsmaybeobtainedbyâallingMsMayaRaoat6Ol.961-5242orMr.ConnieSimmonsat601-961-5165orwritingtoMississippiDepaitmentofEnvironmentalQuality,AirDivision,P.O.Box2261.Jackson.Mississippi39201.Forpersonswithinternetaccess,acopyoftheproposedSIPrevisionandproposedamendmentstothereferencedreguWhonsmaybefoundontheMississippiDepartmentofEnvironmentalQualltswebslteathttp:I.deqstate.ms.us.Also.copiesoftheproposedSIPRevisionandproposedamendmentstothe—referencedregulationswitbe—availableforpublicrpvewtFirnunhWbditejdav.Odriber

Clerk Sworn

to and subscribed

before

me

this

M

day

of &r .A.D.,20iO F

NotarySTATEOFMISSISSIPPI•LEECOUNTY:Personallyappearedbeforeme,_D_’POWELL_.‘NotaryPublic,inandforsaidCountyandState,H.CLAYF.STER,JR.,PublisherofanewspaperprintedandpublishedintheCityofTupelo,LeeCounty,Mississippi,calledTheNortheastMississippiDailyJournai,whobeingdulysworn,deposesandsaysthatthepublicationofacertainnotice,atruecopyofwhichishereuntoattached,hasbeenmadeinsaidnewspaperfors3_.weeksconsecutivel#22058particua-acYtowit:LEGAL\NOTICEwaspromulgatØ.onMay16,2008.TheMISSISSIPPICommissionwillproposeVol.137__.NoAp(DaLe .O2). 1 2J’

/32(COMMISSIONONaSIPrevisionforimpleENVIRONMENTAl.mentationoffineparficprateactwnatalaterVol./

37.No.!73DateL2f(20/0ulatematterna_____________________________PROPOSEDRULEMAKINGdate.NOTICEOF3.Amendmentsto“AirPUBLICHEARINGEmissionsOperating VOL./37_,NO./gO_Date

zolôPUBLICNOTICEPermitRegulationsforSTARTDATE:-thePurposesofTitleVodSEPTEMBER13.2010theFederalCleanAirPLEASETAKENOTEthatACt’APC-S-6inorderVol..No.Date_____________20_theMississippiCommis-tomaketheTitleVper510,1onEnvironmentalmlttlngprogramconslsVol..No.__________Date—20_Quali4”Commission)istentwiththefederal_________________________aRevisiontorequirements.SpecifitheStateimplementationtally,theproposedPlanforAirPollutionCoe-amendmentswillIricorVol._________No.__________e_________________20trol(SIPRevision)andporateEPA’SrecentlyamendmentstostateairpromulgatedTailoringpollutioncontrolregula-Rule.Sons.TheproposedSIPIi.MannerByWhichthe-‘!sci________________________________________________________________RevisionandregulationPublicMayComment.amendmentswillbeapplicablestatewide,TheCopiesoftheproposedCommission’sauthoritytoamendmentstotherefer-Witnessmyhandansea_____________adopttheSIPRevisionencedregulationsmaybefoundatMississippiCoifeobtainedbycallingMs.AnnotatedSectIon49-2-IMayaRaoat601-951- of______________________________________ tIiJlJ,20.Q9(1)(biandSertjon4I5242orMr.ConnieSIm1-i(b).TheCommis-monoat601-951-51.65orsen’sauthoritytoadoptwritingtoMississippi___________________________________________________________amendmentstotheregu-DepartmentOfEnvironlatiorisIsfoundatMissi-mentalQuality,AirDivisippiCodeAnnotatedSsion,P.O.Box2261.,JackMyCommissionexpires.-Seion49-17-1YiSForpersonswithInternetlion49-2-9(1i(blandson,Misulssippi39201.access,acopyofthepro-I.TheproposedactionsposedSIPrevisionand1.AmendmentstoAirthereferencedregulationsconcernadoptionof:proposedamendmentstoID0832011.EmissionReoulationsformaybefoundontheMis-thePrevention,Abate-slssippiDepartmentofDIANNEPPOW:merit,andControlofAirEnvironmentalQuaiity’sContemlnants.APC-S-1websiteathttu://www.toadopt,bydes.statems.us.Also,.\CODBItI1OflEB$I•“amendmentstoFedomicopiesoftheproposedSIP•%M17,2O13..•.NewSourcePerfor-Revisionandproposedatedin40CFRencedregulationswillbe%..manceStandards,asamendmentstotherefer.omuandFederalavailableicrpublicreviewNationalEmissionStan-throuchWednesday,OttodardsforHazardousAirber13,2010,inthemainPollutantsaspromulgat-branchofpubliclIbrariesedin40CPAParts61inthecitiesofGulfport,and63.JacksonandTlpelointhe2.ASIPRevisionandStateofMississippi.TheamendmentstoRegula-proposedSIPRevisionandamendmentstotherefer-tonsforthePreventionencedregulationsmayofSignificantDeteriera-aisobereviewedintheSonofAirQuality”,APC.offioftheMississippiS-5whichwillincorpo-DepartmentofEnviron-ratebyreferenceupdat-mentalQualIty,5158.edrelevantportionsofAmiteStreet,)ackson,federalregulationsasMississippi.PleaseconpremidgatedIn40CFRtactMs.EdnaBanksatParts51.166,52.21,and(601)961-5171tosched52.22InordertomakethestatePreventionUltanappointment.giecantDeteriorationMembersofthepublicQualitynermittinomaypresentverbalorProgramconsistentWithwrittencommentsatthethefederalrequire-Publichearingdescribedments.Specifically,thebelow.Also,writtenstate-proposedamendmentsmentsrecardingthepro-willincorporateEPA’sposed511’RevisionandrecentlyoromulaatedproposedregulationThliorlngRuleforGjeen-amendmentswillbemadehousaGaseswhichpastofthepublichearinospecifIesthatbegInningrecordifdeliveredby5:05in2011,prolectsthatp.m.Wednesday,OctoberwIllsu6stantialiy13,010tO.dieattentioninaeaaegreenhousegasofMs.l4ayaRaoattireemissionswillrequireonaddrewshownabove.Therevision________ApublichearlnarecardinotheproposedSRevisloñandregulation1amend-meritswillbeconducted.ThehearingwillbeheldonPRINTERSFEESWednesday,October132010,at10:00a.m.inthToi.(_wordsaL.,,CentspCommissionHearingerword___________________Room(Room104A)oftheMississippiDepartmentof—EnvironmentalQualityToProofofPublication______________________________________________OfficeBuuidlnolOcatedat5158.AmiteStrdtJack--son,Mississippi392’Ol._____________________________________________________________IV.AdditionalInfo,maUon.

)Foradditionalinfor?patJon,pleasecontactMs.tMayaMr.ConnieSimmoat601-961.-S165.Raeat601-961-52orSeptember13.20,27,2010.GHG PSD Final SIP Revision, October 28, 2010

State of Mississippi 

### ATTACHMENT 4

EVIDENCE OF ADOPTION OF SIP REVISION AND

AMENDMENTS TO APC-S-5BEFORETHEMISSISSIPPICOMMISSIONONENVIRONMENTALQUALITYIntheMatteroftheAdoptionoftheAmendmentstoCommissionRegulationAPC-S-5,Entitled“RegulationsforthePreventionofSignificantDeteriorationofAirQuality”andamendmentstotheAPC-S-5sectionoftheMississippiStateImplementationPlan(SIP)forControlofAirPollutionORDERNO.5851

IORDERCamebeforetheMississippiCommissiononEnvironmentalQuality(“Commission”)onOctober28,2010,therecommendationoftheStaffoftheMississippiDepartmentofEnvironmentalQuality(“MDEQ”)thattheCommissionadoptproposedamendmentstoCommissionRegulationAPC-S-5,entitled“RegulationsforthePreventionofSignificantDeteriorationofAirQuality”,alongwithconcurrentamendmentstotheAPC-S-5sectionoftheMississippiStateImplementationPlan(SIP)forControlofAirPollution.TheCommissionfindsasfollows:1.Thepublicrecordfileinthismatterreflectsthatpublicnoticeswerepublishedasrequiredbystatelaw;thatapublicnoticeandcommentperiodofatleastthirtydayswasallowed;andthatStaffconductedapublichearingregardingtheproposedregulations,inaccordancewithMiss.CodeAnn.49-17-25(Rev.2003),andasrequiredinpartbytheMississippiAdministrativeProceduresLaw,Miss.CodeAnn.§25-43-1.101,etseq.(Rev.2010).2.Oneverbalcommentwasreceivedandtranscribedatthepublichearingregardingtheproposedamendmentstotheregulations;andtwowrittencommentswerereceivedregardingtheproposedamendmentstotheregulations.Thetranscriptofthepublic1hearingandthewrittencommentwereconsideredbytheCommissionpriortotheadoptionoftheseamendments.TheinitialdecisionoftheCommissioninthismatteristoadopttheregulationsandtheamendmenttotheSIPasrecommendedbystaff.AcopyoftheregulationsisappendedtothisOrder.Thisdecisionwillbecomefinalunless,pursuanttoMiss.CodeAnn.

§49-17-41(Rev.2003),aninterestedpartyfilesaswornpetitionwiththeCommissionwithin30daysfromthedateofthisOrderrequestinganevidentiaryhearingbeforetheCommissionoritshearingofficer.Ifanevidentiaryhearingisrequestedandheld,theCommissionshallfinalizeitsdecisioninthismatterbyissuingasubsequentOrderafterfullconsiderationofthemattersraisedduringtheevidentiaryhearing.Ifnopetitionforevidentiaryhearingisfiled,theseregulationsshallbecomeeffective30daysafterfilingwiththeSecretaryofState,asprovidedinMiss.CodeAnn.

§25-43-3.113(Rev.2010).Ifapetitionforevidentiaryhearingisfiled,thefinaladoptionandeffectivedate,ifany,oftheregulationsshallbeestablishedbythefinalOrderoftheCommissioninthismatter,tobeissuedsubsequenttotheevidentiaryhearing.SOORDERED,thisthe8dayofj,2010.FOR:MississippiCommissiononEnvironmentalQualityBY:TrudyD.FiherExecutiveDirectorMississippiDepartmentofEnvironmentalQualityMISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY OFFICIAL MINUTES OCTOBER 28, 2010 The regular monthly meeting of the Commission on Environmental Quality was held on

Thursday, October 28, 2010, in the Commission Hearing Room, 515 East Amite Street,

Jackson, Mississippi, beginning at 9:00 a.m. Commissioners present were: Jack Winstead, Chairman Martha Dairymple Charles Dunagin Dick Flowers Chat Phillips Billy Van Devender Commissioner Howard McKissack was not present. Others present were: Trudy Fisher, Executive Director; Trey Hess, Maya Rao, Mark Williams, staff of MDEQ; and other staff members and visitors whose names appear elsewhere in these minutes. The meeting was called to order by Chairman Winstead. Mr. Phillips gave the invocation after which the following business was transacted:

Approval of Minutes On motion made by Mr. Dunagin and seconded by Mr. Phillips, the minutes of the August 26, 2010 meeting were approved and adopted as the Official Minutes. Adoption of Additional Mississippi Hazardous Waste Management Regulations Mr. Trey Hess stated that staff conducted a public hearing on September 15, 2010, concerning the adoption by reference of Federal hazardous waste regulations promulgated on November 13, 1995, June 5, 1996, January 8, 2010, March 18, 2010, and June 4, 2010. There were no comments received during the public notice period and no one attended the public hearing. The adoption of these regulations will allow the agency to maintain the consistency of the State regulations with the Federal regulations and to continue to receive

delegation by EPA to administer the base Hazardous Waste Program in Mississippi. Staff recommended Commission approval to amend the Mississippi Hazardous Waste Management Regulations to include the additional regulations. Following staff presentation and deliberation, on motion made by Mr. Dunagin and seconded by Mr. Van Devender, the Commission unanimously voted to approve staff recommendation. Approval of Brownfield Agreement Mr. Trey Hess recommended Commission approval of the Brownfield Agreement between the Commission and Whirlpool Corporation regarding the remediation of brownfield property located at 927 Whirlpool Drive, Oxford, Mississippi. The site is hereafter referred to as the “Whirlpool Corporation Brownfield Agreement Site.” The Site is subject to an Environmental Covenant pursuant to the Uniform Environmental Covenants Act (“UECA”), Miss. Code Ann. § 89-23-1, et.seq. (Rev. 2008). The staff has evaluated the Brownfield Agreement and believes that, with the conditions and restrictions contained within the Brownfield Agreement, the Site will be in compliance with all applicable State and Federal laws and standards and will be protective of the public health and the environment once the Brownfield Agreement is completed. Following staff presentation and deliberation, on motion made by Mr. Flowers and seconded by Mr. Dunagin, the Commission unanimously voted to approve staff recommendation to approve the Brownfield Agreement as stated.Commission Approval for Sale of Brownfield Agreement Site Mr. Trey Hess stated that on October 26, 2010, MDEQ received a request on behalf of the University of Mississippi that the Commission approve the sale of the Whirlpool Brownfield Agreement Site. The staff recommended approval of the sale of the Site from

Whirlpool Corporation to the University of Mississippi. Following staff presentation and deliberation, on motion made by Mr. Flowers and seconded by Mr. Van Devender, the Commission unanimously voted to approve staff recommendation for the sale of the Site. Adoption of Amendments to “Air Emission Regulations for the Prevention, Abatement, and

Control of Air Contaminants”, APC-S-1 Ms. Maya Rao stated that a public hearing was held on October 13, 2010, to receive

comments concerning proposed amendments to “Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants”, APC-S- 1. The amendments involve adoption, by reference, newly amended federal regulations for New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, and the federal Consolidated Air Rule. The amendments will make the state regulations consistent with the federal requirements. No adverse comments were received regarding the proposed action. A transcript of the public hearing proceeding was sent to the Commission for review. Staff recommended that the Commission adopt the proposed regulation amendments. Following staff presentation and deliberation, on motion made by Mr. Dunagin and seconded by Mr. Flowers, the Commission unanimously voted to adopt the amendments to APC-S-1 as stated. Adoption of a Revision to the State Implementation Plan and Amendments to “Regulations for the Prevention of Significant Deterioration of Air Quality”, APC-S-5 Ms. Maya Rao stated that a public hearing was held on October 13, 2010, to receive

comments concerning a Revision to the State Implementation Plan for the Control of Air

Pollution (SIP Revision) and proposed amendments to “Regulations for the Prevention of Significant Deterioration of Air Quality”, APC-S-5. The SIP Revision and the amendments to

APC-S-5 will incorporate by reference updated relevant portions of federal regulations in order to make the state Prevention of Significant Deterioration of Air Quality permitting program consistent with the federal requirements for greenhouse gases. Specifically, the proposed amendments will incorporate EPA’s recently promulgated Tailoring Rule for Greenhouse Gases which specifies that beginning in 2011, projects that will significantly increase greenhouse gas emissions will require an air permit. One written comment concerning this proposed action was received and a copy was provided to the Commission for review along with a transcript of the public hearing proceeding. Staff recommended that the Commission adopt the proposed SIP Revision and the proposed regulation amendments. Following staff presentation and deliberation, on motion made by Mr. Phillips and seconded by Mr. Flowers, the Commission unanimously voted to adopt the SIP Revision and amendments to APC-S-5. Adoption of Amendments to “Air Emissions Operating Permit Regulations for the Purposes of Title V of the Federal Clean Air Act”, APC-S-6 Ms. Maya Rao stated that a public hearing was held on October 13, 2010, to receive

comments concerning proposed amendments to “Air Emissions Operating Permit Regulations for the Purposes of Title V of the Federal Clean Air Act”, APC-S-6. The proposed amendments will make the state Title V permitting program consistent with the federal requirements. Specifically, the proposed amendments will incorporate EPA ‘s recently

promulgated Tailoring Rule for Greenhouse Gases. One written comment concerning this proposed action was received and a copy was provided to the Commission for review along with a transcript of the public hearing proceeding. Staff recommended adoption of the proposed regulation amendments. Following staff presentation and deliberation, on motion made by Mr. Flowers and seconded by Ms. Dalrymple, the Commission unanimously voted to adopt the amendments to APC-S-6 as stated.Briefing on the Status Report on Solid Waste Management Facilities and Activities for Calendar Year 2009 Mr. Mark Williams distributed copies of the Status Report on Solid Waste Management

Facilities and Activities for Calendar Year 2009 to the Commission. He gave an overview of the report. This briefing was for informational purposes only and no action was required by the Commission. Approval of Proposed Amendment to the Alcorn County Solid Waste Management Plan Mr. Mark Williams stated that a presentation was given to the Commission at the August meeting regarding two proposed amendments to the Alcorn County Solid Waste Management Plan to add a 3.2 acre expansion of the County’s current class I rubbish site and to add a new 23-acre class I rubbish site to be owned and operated by Alcorn County. At that meeting, a representative of persons opposed to the amendment involving the new rubbish site raised concerns about the information that was collected and provided to the public by the County on that new site. After the presentation of these concerns, the Commission voted to table the amendments so that MDEQ staff could further review the claims that were presented.

Mr. Williams stated that staff is recommending approval of the amendment to expand the County’s current class I rubbish site by 3.2 acres. The County is currently permitted for 11.8 acres and the expansion will bring the total permitted acreage of the site to approximately 15 acres. Mr. Williams further indicated that based on staff review, the information provided by the County on the expansion appeared to be complete and in compliance with state requirements. In addition, the opposing parties were present and agreed that the concerns that they had presented at the August meeting pertained to the proposed new site and they did not oppose the 3.2 acre expansion. Staff recommended that the Commission approve the amendment to expand the current Class I rubbish site by 3.2 acres in the Alcorn County Solid Waste Management Plan. Following staff presentation and deliberation, on motion made by Mr. Flowers and seconded by Mr. Dunagin, the Commission unanimously voted to approve staff recommendation as stated. Briefing on the Natural Resource Damage Assessment (NRDA) Process for the Deep Horizon Oil Spill Ms. Fisher advised the Commission that the oil spill response phase has been scaled down but that seafood sampling is ongoing. The Deepwater Horizon incident occurred on April 20, 2010, and since then MDEQ has focused on three areas that have been ongoing: the response, the injury assessment, and now the natural resource damage assessment. The

Natural Resource Damage Assessment (NRDA) is a legal and scientific process provided in the Oil Pollution Act (OPA) whereby Trustees of State and Federal natural resources determine what natural resources have been injured as a result of an oil spill, what it will take to restore

the damaged resources, and the cost to replace or receive recompense for the damaged resources. The Executive Director of MDEQ is the Trustee for Mississippi’s natural resources under OPA and MDEQ is the Mississippi agency tasked with conducting the NRDA on behalf of the state. Trustees from each of the five Gulf Coast states are working with the federal Trustees, NOAA, and DOl, as well as other state agencies and other federal agencies such as EPA. The NRDA process is science driven which takes time. Early in the process, the state

and federal NRDA Trustees set up technical work groups (TWGs) to collect dita necessary for the NRDA process. One of the TWGs, the human use TWG, was designed to capture and quantify the public’s loss of use of the state’s natural resources, e.g. recreational fishing, recreational boating, shoreline use (impacted tourism), and other recreational uses such as bird watching, kayaking, etc. MDEQ has contracted with Mississippi Resource Restoration Group, a partnership of Neel-Schaffer Engineering and Louis Burger Company, and Balch & Bingham, LLP, to assist with the NRDA process. Any funds received under NRDA will go to

projects meant to restore resources damaged by the spill, not to MDEQ or other state agencies. The goal is to make Mississippi whole in the aftermath of the spill. There are several ongoing processes to accomplish this goal: the NRDA process led by MDEQ on behalf of the State of Mississippi; the Governor-appointed Mississippi Gulf of Mexico Commission co-chaired by Trudy Fisher; the Mabus Report which establishes the Gulf Coast Ecosystem Task Force made up of a representative from the five Coastal states and several federal agencies; and other 3initiatives where BP has paid $500 million for scientific research in Mississippi and other states. The $500 million research initiative will be accomplished through the Gulf of Mexico Alliance, an existing partnership of the five Gulf of Mexico states, of which Trudy Fisher is co-chair. The Mabus Report suggested, and MDEQ agrees, that any penalties assessed pursuant to the Federal Clean Water Act be given to the five Gulf Coast states. This briefing was for informational purposes only and no action was required by the Commission. Asbestos Certifications On previous authority delegated to the Head, Office of Pollution Control, the staff reported that 226 asbestos certifications had been issued since the last report. Emergency Clean-Up Expenses

On previous authority delegated to the Executive Director, the staff reported the Emergency Clean-Up Expenses incurred since the Commission’s last meeting. A list of these expenses is made a part of these minutes and is filed in the Official Minutes File. Lead Paint Certifications On previous authority delegated to the Head, Office of Pollution Control, the staff

reported that 73 lead paint certifications had been issued since the last report. Underground Storage Tank (UST) Certifications On previous authority delegated to the Head, Office of Pollution Control, the staff

reported that 8 certifications to those who install, alter, or remove underground storage tanks had been issued since the last report. Wastewater Operator Certifications

On previous authority delegated to the Head, Office of Pollution Control, the staff reported that 74 wastewater operator certificates had been issued since the last report. Administrative Orders On previous authority delegated to the Executive Director, DEQ, the staff reported that 41 Administrative Orders had been issued since the Commissio&s last meeting. A list of these orders is made a part of these minutes and is filed in the Official Minutes File. Setting of Meeting It was the decision of the Commission to meet next on Thursday, November 18, 2010, beginning at 9:00 a.m., in the Commission Hearing Room, 515 East Amite Street, Jackson, Mississippi. Adjournment There being no further business to come before the Commission, the meeting was

adjourned. CHAIRMAN ATTEST: a, EXEC IVE DIRECTORMISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY OFFICIAL MINUTES OCTOBER 28, 2010 The regular monthly meeting of the Commission on Environmental Quality was held on

Thursday, October 28, 2010, in the Commission Hearing Room, 515 East Amite Street,

Jackson, Mississippi, beginning at 9:00 a.m. Commissioners present were: Jack Winstead, Chairman Martha Dairymple Charles Dunagin Dick Flowers Chat Phillips Billy Van Devender Commissioner Howard McKissack was not present. Others present were: Trudy Fisher, Executive Director; Trey Hess, Maya Rao, Mark Williams, staff of MDEQ; and other staff members and visitors whose names appear elsewhere in these minutes. The meeting was called to order by Chairman Winstead. Mr. Phillips gave the invocation after which the following business was transacted:

Approval of Minutes On motion made by Mr. Dunagin and seconded by Mr. Phillips, the minutes of the August 26, 2010 meeting were approved and adopted as the Official Minutes. Adoption of Additional Mississippi Hazardous Waste Management Regulations Mr. Trey Hess stated that staff conducted a public hearing on September 15, 2010, concerning the adoption by reference of Federal hazardous waste regulations promulgated on November 13, 1995, June 5, 1996, January 8, 2010, March 18, 2010, and June 4, 2010. There were no comments received during the public notice period and no one attended the public hearing. The adoption of these regulations will allow the agency to maintain the consistency of the State regulations with the Federal regulations and to continue to receive

delegation by EPA to administer the base Hazardous Waste Program in Mississippi. Staff recommended Commission approval to amend the Mississippi Hazardous Waste Management Regulations to include the additional regulations. Following staff presentation and deliberation, on motion made by Mr. Dunagin and seconded by Mr. Van Devender, the Commission unanimously voted to approve staff recommendation. Approval of Brownfield Agreement Mr. Trey Hess recommended Commission approval of the Brownfield Agreement between the Commission and Whirlpool Corporation regarding the remediation of brownfield property located at 927 Whirlpool Drive, Oxford, Mississippi. The site is hereafter referred to as the “Whirlpool Corporation Brownfield Agreement Site.” The Site is subject to an Environmental Covenant pursuant to the Uniform Environmental Covenants Act (“UECA”), Miss. Code Ann. § 89-23-1, et.seq. (Rev. 2008). The staff has evaluated the Brownfield Agreement and believes that, with the conditions and restrictions contained within the Brownfield Agreement, the Site will be in compliance with all applicable State and Federal laws and standards and will be protective of the public health and the environment once the Brownfield Agreement is completed. Following staff presentation and deliberation, on motion made by Mr. Flowers and seconded by Mr. Dunagin, the Commission unanimously voted to approve staff recommendation to approve the Brownfield Agreement as stated.Commission Approval for Sale of Brownfield Agreement Site Mr. Trey Hess stated that on October 26, 2010, MDEQ received a request on behalf of the University of Mississippi that the Commission approve the sale of the Whirlpool Brownfield Agreement Site. The staff recommended approval of the sale of the Site from

Whirlpool Corporation to the University of Mississippi. Following staff presentation and deliberation, on motion made by Mr. Flowers and seconded by Mr. Van Devender, the Commission unanimously voted to approve staff recommendation for the sale of the Site. Adoption of Amendments to “Air Emission Regulations for the Prevention, Abatement, and

Control of Air Contaminants”, APC-S-1 Ms. Maya Rao stated that a public hearing was held on October 13, 2010, to receive

comments concerning proposed amendments to “Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants”, APC-S- 1. The amendments involve adoption, by reference, newly amended federal regulations for New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, and the federal Consolidated Air Rule. The amendments will make the state regulations consistent with the federal requirements. No adverse comments were received regarding the proposed action. A transcript of the public hearing proceeding was sent to the Commission for review. Staff recommended that the Commission adopt the proposed regulation amendments. Following staff presentation and deliberation, on motion made by Mr. Dunagin and seconded by Mr. Flowers, the Commission unanimously voted to adopt the amendments to APC-S-1 as stated. Adoption of a Revision to the State Implementation Plan and Amendments to “Regulations for the Prevention of Significant Deterioration of Air Quality”, APC-S-5 Ms. Maya Rao stated that a public hearing was held on October 13, 2010, to receive

comments concerning a Revision to the State Implementation Plan for the Control of Air

Pollution (SIP Revision) and proposed amendments to “Regulations for the Prevention of Significant Deterioration of Air Quality”, APC-S-5. The SIP Revision and the amendments to

APC-S-5 will incorporate by reference updated relevant portions of federal regulations in order to make the state Prevention of Significant Deterioration of Air Quality permitting program consistent with the federal requirements for greenhouse gases. Specifically, the proposed amendments will incorporate EPA’s recently promulgated Tailoring Rule for Greenhouse Gases which specifies that beginning in 2011, projects that will significantly increase greenhouse gas emissions will require an air permit. One written comment concerning this proposed action was received and a copy was provided to the Commission for review along with a transcript of the public hearing proceeding. Staff recommended that the Commission adopt the proposed SIP Revision and the proposed regulation amendments. Following staff presentation and deliberation, on motion made by Mr. Phillips and seconded by Mr. Flowers, the Commission unanimously voted to adopt the SIP Revision and amendments to APC-S-5. Adoption of Amendments to “Air Emissions Operating Permit Regulations for the Purposes of Title V of the Federal Clean Air Act”, APC-S-6 Ms. Maya Rao stated that a public hearing was held on October 13, 2010, to receive

comments concerning proposed amendments to “Air Emissions Operating Permit Regulations for the Purposes of Title V of the Federal Clean Air Act”, APC-S-6. The proposed amendments will make the state Title V permitting program consistent with the federal requirements. Specifically, the proposed amendments will incorporate EPA ‘s recently

promulgated Tailoring Rule for Greenhouse Gases. One written comment concerning this proposed action was received and a copy was provided to the Commission for review along with a transcript of the public hearing proceeding. Staff recommended adoption of the proposed regulation amendments. Following staff presentation and deliberation, on motion made by Mr. Flowers and seconded by Ms. Dalrymple, the Commission unanimously voted to adopt the amendments to APC-S-6 as stated.Briefing on the Status Report on Solid Waste Management Facilities and Activities for Calendar Year 2009 Mr. Mark Williams distributed copies of the Status Report on Solid Waste Management

Facilities and Activities for Calendar Year 2009 to the Commission. He gave an overview of the report. This briefing was for informational purposes only and no action was required by the Commission. Approval of Proposed Amendment to the Alcorn County Solid Waste Management Plan Mr. Mark Williams stated that a presentation was given to the Commission at the August meeting regarding two proposed amendments to the Alcorn County Solid Waste Management Plan to add a 3.2 acre expansion of the County’s current class I rubbish site and to add a new 23-acre class I rubbish site to be owned and operated by Alcorn County. At that meeting, a representative of persons opposed to the amendment involving the new rubbish site raised concerns about the information that was collected and provided to the public by the County on that new site. After the presentation of these concerns, the Commission voted to table the amendments so that MDEQ staff could further review the claims that were presented.

Mr. Williams stated that staff is recommending approval of the amendment to expand the County’s current class I rubbish site by 3.2 acres. The County is currently permitted for 11.8 acres and the expansion will bring the total permitted acreage of the site to approximately 15 acres. Mr. Williams further indicated that based on staff review, the information provided by the County on the expansion appeared to be complete and in compliance with state requirements. In addition, the opposing parties were present and agreed that the concerns that they had presented at the August meeting pertained to the proposed new site and they did not oppose the 3.2 acre expansion. Staff recommended that the Commission approve the amendment to expand the current Class I rubbish site by 3.2 acres in the Alcorn County Solid Waste Management Plan. Following staff presentation and deliberation, on motion made by Mr. Flowers and seconded by Mr. Dunagin, the Commission unanimously voted to approve staff recommendation as stated. Briefing on the Natural Resource Damage Assessment (NRDA) Process for the Deep Horizon Oil Spill Ms. Fisher advised the Commission that the oil spill response phase has been scaled down but that seafood sampling is ongoing. The Deepwater Horizon incident occurred on April 20, 2010, and since then MDEQ has focused on three areas that have been ongoing: the response, the injury assessment, and now the natural resource damage assessment. The

Natural Resource Damage Assessment (NRDA) is a legal and scientific process provided in the Oil Pollution Act (OPA) whereby Trustees of State and Federal natural resources determine what natural resources have been injured as a result of an oil spill, what it will take to restore

the damaged resources, and the cost to replace or receive recompense for the damaged resources. The Executive Director of MDEQ is the Trustee for Mississippi’s natural resources under OPA and MDEQ is the Mississippi agency tasked with conducting the NRDA on behalf of the state. Trustees from each of the five Gulf Coast states are working with the federal Trustees, NOAA, and DOl, as well as other state agencies and other federal agencies such as EPA. The NRDA process is science driven which takes time. Early in the process, the state

and federal NRDA Trustees set up technical work groups (TWGs) to collect dita necessary for the NRDA process. One of the TWGs, the human use TWG, was designed to capture and quantify the public’s loss of use of the state’s natural resources, e.g. recreational fishing, recreational boating, shoreline use (impacted tourism), and other recreational uses such as bird watching, kayaking, etc. MDEQ has contracted with Mississippi Resource Restoration Group, a partnership of Neel-Schaffer Engineering and Louis Burger Company, and Balch & Bingham, LLP, to assist with the NRDA process. Any funds received under NRDA will go to

projects meant to restore resources damaged by the spill, not to MDEQ or other state agencies. The goal is to make Mississippi whole in the aftermath of the spill. There are several ongoing processes to accomplish this goal: the NRDA process led by MDEQ on behalf of the State of Mississippi; the Governor-appointed Mississippi Gulf of Mexico Commission co-chaired by Trudy Fisher; the Mabus Report which establishes the Gulf Coast Ecosystem Task Force made up of a representative from the five Coastal states and several federal agencies; and other 3initiatives where BP has paid $500 million for scientific research in Mississippi and other states. The $500 million research initiative will be accomplished through the Gulf of Mexico Alliance, an existing partnership of the five Gulf of Mexico states, of which Trudy Fisher is co-chair. The Mabus Report suggested, and MDEQ agrees, that any penalties assessed pursuant to the Federal Clean Water Act be given to the five Gulf Coast states. This briefing was for informational purposes only and no action was required by the Commission. Asbestos Certifications On previous authority delegated to the Head, Office of Pollution Control, the staff reported that 226 asbestos certifications had been issued since the last report. Emergency Clean-Up Expenses

On previous authority delegated to the Executive Director, the staff reported the Emergency Clean-Up Expenses incurred since the Commission’s last meeting. A list of these expenses is made a part of these minutes and is filed in the Official Minutes File. Lead Paint Certifications On previous authority delegated to the Head, Office of Pollution Control, the staff

reported that 73 lead paint certifications had been issued since the last report. Underground Storage Tank (UST) Certifications On previous authority delegated to the Head, Office of Pollution Control, the staff

reported that 8 certifications to those who install, alter, or remove underground storage tanks had been issued since the last report. Wastewater Operator Certifications

On previous authority delegated to the Head, Office of Pollution Control, the staff reported that 74 wastewater operator certificates had been issued since the last report. Administrative Orders On previous authority delegated to the Executive Director, DEQ, the staff reported that 41 Administrative Orders had been issued since the Commissio&s last meeting. A list of these orders is made a part of these minutes and is filed in the Official Minutes File. Setting of Meeting It was the decision of the Commission to meet next on Thursday, November 18, 2010, beginning at 9:00 a.m., in the Commission Hearing Room, 515 East Amite Street, Jackson, Mississippi. Adjournment There being no further business to come before the Commission, the meeting was

adjourned. CHAIRMAN ATTEST: a, EXEC IVE DIRECTORBEFORETHEMISSISSIPPICOMMISSIONONENVIRONMENTALQUALITYIntheMatteroftheAdoptionoftheAmendmentstoCommissionRegulationAPC-S-5,Entitled“RegulationsforthePreventionofSignificantDeteriorationofAirQuality”andamendmentstotheAPC-S-5sectionoftheMississippiStateImplementationPlan(SIP)forControlofAirPollutionORDERNO.5851

IORDERCamebeforetheMississippiCommissiononEnvironmentalQuality(“Commission”)onOctober28,2010,therecommendationoftheStaffoftheMississippiDepartmentofEnvironmentalQuality(“MDEQ”)thattheCommissionadoptproposedamendmentstoCommissionRegulationAPC-S-5,entitled“RegulationsforthePreventionofSignificantDeteriorationofAirQuality”,alongwithconcurrentamendmentstotheAPC-S-5sectionoftheMississippiStateImplementationPlan(SIP)forControlofAirPollution.TheCommissionfindsasfollows:1.Thepublicrecordfileinthismatterreflectsthatpublicnoticeswerepublishedasrequiredbystatelaw;thatapublicnoticeandcommentperiodofatleastthirtydayswasallowed;andthatStaffconductedapublichearingregardingtheproposedregulations,inaccordancewithMiss.CodeAnn.49-17-25(Rev.2003),andasrequiredinpartbytheMississippiAdministrativeProceduresLaw,Miss.CodeAnn.§25-43-1.101,etseq.(Rev.2010).2.Oneverbalcommentwasreceivedandtranscribedatthepublichearingregardingtheproposedamendmentstotheregulations;andtwowrittencommentswerereceivedregardingtheproposedamendmentstotheregulations.Thetranscriptofthepublic1hearingandthewrittencommentwereconsideredbytheCommissionpriortotheadoptionoftheseamendments.TheinitialdecisionoftheCommissioninthismatteristoadopttheregulationsandtheamendmenttotheSIPasrecommendedbystaff.AcopyoftheregulationsisappendedtothisOrder.Thisdecisionwillbecomefinalunless,pursuanttoMiss.CodeAnn.

§49-17-41(Rev.2003),aninterestedpartyfilesaswornpetitionwiththeCommissionwithin30daysfromthedateofthisOrderrequestinganevidentiaryhearingbeforetheCommissionoritshearingofficer.Ifanevidentiaryhearingisrequestedandheld,theCommissionshallfinalizeitsdecisioninthismatterbyissuingasubsequentOrderafterfullconsiderationofthemattersraisedduringtheevidentiaryhearing.Ifnopetitionforevidentiaryhearingisfiled,theseregulationsshallbecomeeffective30daysafterfilingwiththeSecretaryofState,asprovidedinMiss.CodeAnn.

§25-43-3.113(Rev.2010).Ifapetitionforevidentiaryhearingisfiled,thefinaladoptionandeffectivedate,ifany,oftheregulationsshallbeestablishedbythefinalOrderoftheCommissioninthismatter,tobeissuedsubsequenttotheevidentiaryhearing.SOORDERED,thisthe8dayofj,2010.FOR:MississippiCommissiononEnvironmentalQualityBY:TrudyD.FiherExecutiveDirectorMississippiDepartmentofEnvironmentalQuality