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, 2010
GHG PSD SIP Revision 

October 28, 2010 

TABLE OF CONTENTS 

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

the Federal Tailoring Rule for Greenhouse Gases 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-5 
GHG PSD SIP Revision 

October 28, 2010 

1.47 Introduction: State Implementation Plan (SIP) 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 promulgated by the Environmental Protection Agency 

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

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

Source Review PM2.5 Implementation Rule provisions. We have specifically excluded the 

New Source Review PM2.5 Implementation Rule provisions from this SIP Revision and 

rulemaking. We expect to submit a separate SIP Revision addressing the PM2.5 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 when GHGs become a regulated pollutant. EPA 

has determined that GHGs will become a regulated pollutant on January 2, 2011 based upon 

the following actions: 

• Issuance of the Endangerment Finding and Cause or Contribute Finding by 

the EPA Administrator on December 7, 2009. The Endangerment Finding 

found that the current and projected atmospheric 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-mixed 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 requirements on industry or other 

entities. However, they were a prerequisite to finalizing the GHG standards 

for light-duty vehicles. 

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

Regulations that Determine Pollutants Covered by Federal Prevention of 

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

Memo” or the “PSD Interpretive Memo”). In 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 effect” (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 light duty vehicle rule controlling GHG 

emissions. This rule confirmed that January 2, 2011 is the earliest date that a 
GHG PSD SIP Revision 

October 28, 2010 

2012 model year vehicle meeting these rule 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 requirements 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 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 construction 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 requirements, even if they do not significantly increase 

emissions of any other pollutant. 

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

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

regulations from our SIP, specifically, provisions 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 possible” 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 Rule and the aforementioned administrative changes 

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

ethanol through a natural fermentation 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 APC-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 amendments to air pollution control regulations 

was achieved by a public hearing held on Wednesday, 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 provided 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 Gulfport, 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 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, 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 the 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 Commission on Environmental Quality (“Commission”) 

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

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

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

Revision is found at Mississippi Code Annotated Section 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 Hazardous Air Pollutants as promulgated in 

40 CFR Parts 61 and 63. 

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

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

relevant portions of federal regulations 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 which specifies that beginning in 2011, 

projects that will substantially increase greenhouse 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 particulate matter in a separate action at a later 

date. 

3. Amendments to “Air Emissions Operating 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 EPA’s recently promulgated Tailoring Rule. 

II. Manner By Which the Public May Comment. 

Copies of the proposed amendments to the referenced regulations may be obtained by calling 

Ms. Maya Rao at 601-961-5242 or Mr. Connie 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, copies 
GHG PSD SIP Revision 

October 28, 2010 

of the proposed SIP Revision and proposed amendments to the referenced regulations will be 

available for public review through Wednesday, 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 referenced regulations may also be reviewed 

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

Jackson, Mississippi. Please contact Ms. Edna 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 regarding 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 attention 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 Wednesday, 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 this 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 State 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 revision was achieved by a public hearing held on 

October 13, 2010. The public hearing was held 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 included 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, 2010
APC-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 implement 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 reference of 40 CFR 52.21 and 40 CFR 51.166. 

40 CFR 52.21 and 51.166 as used in this regulation refer to the federal regulations as 

amended and promulgated by June 15, 2007September 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, 2007September 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],

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

Final Redline-Strikeout Version.doc 

3

2.92.6 The phrase “in circumstances where there is a reasonable possibility, within the 

meaning of paragraph (r)(6)(vi) of 40 CFR 52.21, that a project that is not a part of a 

major modification may result in a significant 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 Permit 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) Exclusions 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 that.”) 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” shall 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 Department 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 Administrator 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, 2010 
APC-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 implement 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 reference of 40 CFR 52.21 and 40 CFR 51.166. 

40 CFR 52.21 and 51.166 as used in this regulation 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 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 significant 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 Permit 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) Exclusions 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 that.”) 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” shall 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 Department 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 Administrator 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, 2010
GHG 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 Hearing 
GHG PSD Final SIP Revision, October 28, 2010 

State of Mississippi 

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

 Commission Order no. 5851-10 

 Commission Meeting Minutes regarding Commission Action on SIP and Regulation 

Amendments. 

 Secretary of State Filing 
GHG 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 Deterioration of Air Quality”, APC-S-5 is to incorporate the Greenhouse 

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

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

promulgated as of September 13, 2010 except for the New Source Review PM2.5 Implementation 

Rule provisions. We have specifically excluded the New Source Review PM2.5 Implementation Rule 

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

addressing the PM2.5 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 thresholds 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 - Carbon dioxide (CO2), Methane (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 has determined that GHGs will become a regulated 

pollutant on January 2, 2011 based upon the following actions: 

• Issuance of the Endangerment Finding and Cause or Contribute Finding by the EPA 

Administrator on December 7, 2009. The Endangerment Finding found that the 

current and projected atmospheric 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-mixed 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 requirements on 

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

standards for light-duty vehicles. 

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

Regulations that Determine Pollutants Covered by Federal Prevention of Significant 

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

Interpretive Memo”). In 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 effect” (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. 
GHG PSD Final SIP Revision, October 28, 2010 

State of Mississippi 

• On April 1, 2010, EPA finalized the light 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 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 requirements 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 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 construction 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 requirements, even if they do not 

significantly increase emissions of any other pollutant. 

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

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

regulations from our SIP, specifically, provisions 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 possible” 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 Rule and the aforementioned administrative changes 

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

ethanol through a natural fermentation 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 APC-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 incorporate 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 Prevention of Significant Deterioration of Air Quality 

and to incorporate other recently promulgated changes to the Federal PSD regulations promulgated 

as of September 13, 2010, except for the New Source Review PM2.5 Implementation Rule 

provisions. We have specifically excluded the New Source Review PM2.5 Implementation Rule 

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

addressing the PM2.5 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 achieved by a public hearing held Wednesday, 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 provided 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 Gulfport, 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 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, 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 the air 

pollution control regulation mailing list. 

TSD Attachment 2 contains a copy of the notice 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 APC-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 APC-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, 2010 

GHG PSD Final SIP Revision, October 28, 2010 

State of Mississippi 

ATTACHMENT 1A 

COMMENTS ON PROPOSED SIP REVISION 
[ 

[ 

\

[

Mr. Roy Furrh Li 111 OCT 132010

Chief Counsel

Mississippi Department of Environmental Quality

515 Amite Street

Jackson, MS 39201

RE: Proposed SIP revisions and Commission regulation amendments concerning EPA

Tailoring Rule

Dear Roy:

The Mississippi Manufacturers Association (MMA) has reviewed the proposed revisions

by the Commission on Environmental Quality (Commission) ofthe Mississippi StateImplementation Plan for Air Pollution Control (SIP Revision) and the Commission’s proposed

amendments to state air pollution control regulations, all of which concern changes related to

U.S. Environmental Protection Agency’s (EPA) recently promulgated “Prevention of Significant

Deterioration and Title V Greenhouse Gas (GHG) Tailoring Rule”. This EPA rule is referred to

herein as the “Tailoring Rule”. As stated in the MDEQ September 13, 2010 Public Notice, the

Tailoring Rule specifies that, beginning in 2011, projects that will substantially increase

greenhouse gas emissions will require an air permit. The proposed SIP Revision and proposedCommission regulation amendments are collectively referred to herein as the “Commission

Tailoring Rule Implementation Amendments “.

MMA has also reviewed MDEQ’s letter to EPA dated July 28, 2010, which states that the

Commission’s “regulatory amendment process to amend the regulations concerning the PSD and

Title V should be completed by January 2, 2011, pending public interest and the potential

controversy related to the EPA’s PSD and Title V Tailoring Rule”. This letter was sent in

response to EPA’s prior Federal Register “loyalty oath” request for information concerning the

regulatory process required for the Commission to promulgate the Commission Tailoring Rule

Implementation Amendments.

MMA has taken the position that EPA does not have the legal authority to promulgate the

Tailoring Rule by joining in a Petition for Review ofthe Tailoring Rule in “The National

Association of Manufacturers, et al. v. U.S. Environmental Protection Agency, et al.,”, Case No.

10-1127 in the United States Court of Appeals for the District of Columbia Circuit (District of

Columbia Circuit). MMA has also joined in Petitions for Review in the District of Columbia
p

y objects 

p

g

g 

Implementation Amendments on the basis that there is no legal authority for EPA’s promulgation

ofthe Tailoring Rule, as described above, and consequently, for the promulgation oftheCommission Tailoring Rule Implementation Amendments.

Sincerely,

Brunini, Grantham, Grower & Hewes, PLLC

John E. Mimer

JEMItsw

01074992

GHG 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, 2010
APC-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 implement 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 reference of 40 CFR 52.21 and 40 CFR 51.166. 

40 CFR 52.21 and 51.166 as used in this regulation refer to the federal regulations as 

amended and promulgated by June 15, 2007September 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, 2007September 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],

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

Final Redline-Strikeout Version.doc 

3

2.92.6 The phrase “in circumstances where there is a reasonable possibility, within the 

meaning of paragraph (r)(6)(vi) of 40 CFR 52.21, that a project that is not a part of a 

major modification may result in a significant 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 Permit 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) Exclusions 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 that.”) 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” shall 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 Department 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 Administrator 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, 2010 
APC-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 implement 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 reference of 40 CFR 52.21 and 40 CFR 51.166. 

40 CFR 52.21 and 51.166 as used in this regulation 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 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 significant 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 Permit 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) Exclusions 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 that.”) 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” shall 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 Department 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 Administrator 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 PUBLICATION
GHG 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 Commission on Environmental Quality (“Commission”) 

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

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

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

Revision is found at Mississippi Code Annotated Section 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 Hazardous Air Pollutants as promulgated in 

40 CFR Parts 61 and 63. 

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

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

relevant portions of federal regulations 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 which specifies that beginning in 2011, 

projects that will substantially increase greenhouse 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 particulate matter in a separate action at a later 

date. 

3. Amendments to “Air Emissions Operating 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 EPA’s recently promulgated Tailoring Rule. 

II. Manner By Which the Public May Comment. 

Copies of the proposed amendments to the referenced regulations may be obtained by calling 

Ms. Maya Rao at 601-961-5242 or Mr. Connie 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, copies 
GHG PSD Final SIP Revision, October 28, 2010 

State of Mississippi 

of the proposed SIP Revision and proposed amendments to the referenced regulations will be 

available for public review through Wednesday, 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 referenced regulations may also be reviewed 

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

Jackson, Mississippi. Please contact Ms. Edna 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 regarding 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 attention 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 Wednesday, 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. 

pointisent Members of the public may present verbal or written

comments at the public hear InQ described below. AJso, written statements regarding the proposed SIP Revision and proposed regulation amendments will be made

pals of thepubfic hearing re cord if delivered by 500 p.m., Wednesday, October 13, ‘20iO isaBanba-efMS

Maya Red at the address shown above..

III. Notice of Public Hearing. ApublmhearinggajdmgMs proposed SIP Revision and regulation amendments will be conducted. The hearing wit be held on Wednesday, October 13, 2010 at 10:00

am. in the Commission Hearing RoomRoom 104A) of the Mississippi DepartinentofEn vimnmerital Quathy Office BulMinglocatedetslsE.Am. its Street, Jackson, Mlssisslp pi39201. P,’. Additional infofl7latiofl, For adddona] information, please contact Ms. Maya Ran at 601-961-5242 or Mr. Con

me Simmons at601-961-5165.

sdvf3,20,27,3MON

l4217Oo

g 

y 

clerk of The Sun Herald , a newspaper published in the city

Gilfport , 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__________ ,20

i

Vol. ILc’ No., dated day of ,20

i

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.

egu

at

o

amendments 

be applicable statewide. The Commission’s authority to adopt the SIP Revision is found at Mississippi Code

Annotated Section

49-2-9(1)(b) and Section

49-l7.t7(b). TheCommission’s authority to adopt amendments to the regulations is found at MIssis I appi Code Annofoted Section

.49.17.t7I._

I. The proposed actions concern adoption ot 1. Amendments to ‘Air

Emission Regulations for the

Prevention, Abatement, and

Control of Ax Contaminants,’

APC-S-1 to adopt, by refer

ence,amendmentstoFederal

New Source PerformanceStandards, as promulgated in

40 CFR Part 60 n4J

National Emission Standards

for Hazardous Air Poitants

as promulgated in 40 CRParts 61 and 63.. a A SIP Revision and

amendments to ‘Regulations for the Preyentiqii ol Sisnhll’

cant Debaioralioe of Air Qual

ity’, APC-S-5.wthtch wIll incor

pOrate by reference updated relevant portions of federal

regulations as promulgated in 40CR Parts 51166, 52.21,

and52.22inordertomakethestate Prevention of SignifIcant Deterioration of Air Quality perssiittingprogramcorreistenf with the federal reqwrements. Specifically, the proposed amendments will Incorporate

Rmai9

Greenhouse Gases which

specifies that beginning in

2011, pro(ects that will sub stantially Increase greenhouse gas emissions will require an air permit. The revisIon does not incorporate

Implementation of fine par. ticulale matter that was

promulgated on May 16, 2008. The Commission wW

propose aSIP revision for un ptementation of fine parMar. late matter in a separate an lion at a later date.

3. Amendments to ‘Air

Emissions Operating Permit Regulalions for the Purposes of Title Vof the Federal Clean

Air Act’, AFC-S-6, in order to

make the Title V permitting

program consistent with the federal requirements. Specilt cally, the proposed amendments will incorporate EPA’s recently promulgated Tailoring Rule.

Il. Manner By Which Use Pub ic May Comment

Copies of the proposed amendments to the

referenced regulaitons may be obtained by âalling Ms Maya Raoat6Ol.961-5242or

Mr. Connie Simmons at

601-961-5165 or writing to Mississippi DepaitmentofEn vironmental Quality, Air Div ision, P.O. Box 2261. Jack

son. Mississippi 39201. For

persons with internet access, a copy of the proposed SIP revision and proposed amendments to the

referenced reguWhons may be found on the Mississippi Department of Environmental

Quallts webslte at http:I

.deqstate.ms.us. Also. copies of the proposed SIP Revision and proposed amendments to the — referenced regulations wit be

—

available for public rpvew tFirnunh Wbditejdav. Odriber

Clerk

Sworn to and subscribed before me this

M day of

&r .A.D.,20iO

F

Notary
certain 

ot

ce, a t

ue copy of which is 

, 

p

p

s3_. weeks consecutivel

#22058 particua-ac

Y to wit : LEGAL\NOTICE was promulgatØ. on May 16, 2008. The

MISSISSIPPI Commission will propose

Vol.1 37__.NoAp( DaLe .O2). 12J’ /3 2( COMMISSION ON a SIP revision for imple ENVIRONMENTAl. mentation of fine parfic

p rate actwn at a later Vol./ 37 . No.! 73 DateL2f( 20/0

ulate matter na 

PROPOSED RULEMAKING date.

NOTICE OF 3. Amendments to “Air PUBLIC HEARING Emissions Operating VOL./37_,NO./gO_Date zolô PUBLIC NOTICE Permit Regulations for START DATE: - the Purposes of Title Vod SEPTEMBER 13. 2010 the Federal Clean Air

PLEASE TAKE NOTE that ACt’ APC-S-6 in order Vol. . No. Date_____________ 20_ the Mississippi Commis- to make the Title V per 510,1 on Environmental mlttlng program consls

Vol. . No.__________ Date

— 20_ Quali 4”Commission) is tent with the federal 

a Revision to requirements. Specifi the State implementation tally, the proposed Plan for Air Pollution Coe- amendments will Iricor

Vol._________ No.__________ e_________________ 20 trol (SIP Revision) and porate EPA’S recently amendments to state air promulgated Tailoring

pollution control regula- Rule. Sons. The proposed SIP Ii. Manner By Which the

- ‘!sci

Revision and regulation Public May Comment. amendments will be appli cable statewide, The Copies of the proposed

Witness my Commission’s authority to amendments to the refer- hand an sea 

adopt the SIP Revision enced regulations may be found at Mississippi Coife obtained by calling Ms. Annotated SectIon 49-2- I Maya Rao at 601-951- of______________________________________ tIiJlJ ,20.Q 9(1)(bi and Sertjon

4 I 5242 or Mr. Connie SIm

1-i(b). The Commis- mono at 601-951-51.65 or

sen’s authority to adopt writing to Mississippi

amendments to the regu- Department Of Environ latioris Is found at Missi- mental Quality, Air Divi

sippi Code Annotated S sion, P.O. Box 2261., JackMy Commission expires .- Seion 49-17-1YiS For persons with Internet lion 49-2-9(1i(bl and son, Misulssippi 39201.

access, a copy of the pro- I. The proposed actions posed SIP revision and

1. Amendments to Air the referenced regulations

concern adoption of: proposed amendments to

ID 0 83201 1. Emission Reoulations for may be found on the Mis- the Prevention, Abate- slssippi Department of

DIANNE

P POW : merit, and Control of Air Environmental Quaiity’s Contemlnants. APC-S-1 website at httu://www.

to adopt, by des.statems.us. Also, . \CODBItI1Ofl EB$I •“ amendments to Fedomi copies of the proposed SIP

•

%M 17, 2O13.. •. New Source Perfor- Revision and proposed

%. ated in 40 CFR enced regulations will be . mance Standards, as amendments to the refer

.

omu

and Federal available icr public review

National Emission Stan- throuch Wednesday, Otto

dards for Hazardous Air ber 13, 2010, in the main

Pollutants as promulgat- branch of public lIbraries ed in 40 CPA Parts 61 in the cities of Gulfport,

and 63. Jackson and Tlpelo in the

2. A SIP Revision and State of Mississippi. Theamendments to Regula- proposed SIP Revision and amendments to the refer- tons for the Prevention enced regulations may of Significant Deteriera- aiso be reviewed in the Son of Air Quality”, APC. offi of the Mississippi S-5 which will incorpo- Department of Environ- rate by reference updat- mental QualIty, 515 8. ed relevant portions of Amite Street, )ackson, federal regulations as Mississippi. Please con premidgated In 40 CFR tact Ms. Edna Banks at Parts 51.166, 52.21, and (601) 961-5171 to sched 52.22 In order to make

the state Prevention Ult an appointment.

giecant Deterioration Members of the public Quality nermittino may present verbal or Program consistent With written comments at the the federal require- Public hearing described ments. Specifically, the below. Also, written state- proposed amendments ments recarding the pro- will incorporate EPA’s posed 511’ Revision and recently oromulaated proposed regulation Thliorlng Rule for Gjeen- amendments will be made housa Gases which past of the public hearino specifIes that begInning record if delivered by 5:05 in 2011, prolects that p.m. Wednesday, October wIll su6stantialiy 13, 010 tO.die attention inaeaae greenhouse gas of Ms.

l4aya Rao at tire emissions will require on addrew shown above. The revision 

A public hearlna recardino the proposed

S Revisloñ

and regulation 1amend- merits will be conducted.

The hearing will be held on PRINTERS FEES Wednesday, October 13

2010, at 10:00 a.m. in th

Toi.( _wordsaL.,, Centsp Commission Hearing er word___________________ Room (Room 104A) of the Mississippi Department of — Environmental Quality To Proof of Publication______________________________________________ Office Buuidlno lOcated at 515 8. Amite Strdt Jack- -

son, Mississippi 392’Ol.

IV. Additional Info,maUon. )For additional infor?patJon, please contact Ms.t Maya

Mr. Connie Simmo at

601-961.-S165.

Rae at 601-961-52or

September 13. 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-5 
Control of Air Pollution

ORDERNO.5851 I

ORDER

Came before the Mississippi Commission on Environmental Quality (“Commission”) on

October 28, 2010, the recommendation ofthe Staffofthe Mississippi Department ofEnvironmental

Quality (“MDEQ”) that the Commission adopt proposed amendments to Commission Regulation

APC-S-5, entitled “Regulations for the Prevention of Significant Deterioration ofAir Quality”, along

with concurrent amendments to the APC-S-5 section ofthe Mississippi State Implementation Plan

(SIP) for Control of Air Pollution. The Commission finds as follows:

1. The public record file in this matter reflects that public notices were published as

required by state law; that a public notice and comment period of at least thirty days

was allowed; and that Staff conducted a public hearing regarding the proposedregulations, in accordance with Miss. Code Ann. 49-17-25 (Rev. 2003), and as

required in part by the Mississippi Administrative Procedures Law, Miss. Code Ann.

§ 25-43-1.101, etseq. (Rev. 2010).

2. One verbal comment was received and transcribed at the public hearing regarding the

proposed amendments to the regulations; and two written comments were received

regarding the proposed amendments to the regulations. The transcript ofthe public

1
the amendment to the SIP as recommended by staff. A copy of the regulations is

appended to this Order. This decision will become final unless, pursuant to Miss.

Code Ann. § 49-17-41 (Rev. 2003), an interested party files a sworn petition with the

Commission within 30 days from the date of this Order requesting an evidentiary

hearing before the Commission or its hearing officer. If an evidentiary hearing is

requested and held, the Commission shall finalize its decision in this matter by

issuing a subsequent Order after full consideration ofthe matters raised during the

evidentiary hearing.

Ifno petition for evidentiary hearing is filed, these regulations shall become effective

30 days after filing with the Secretary of State, as provided in Miss. Code Ann. § 25-

43-3.113 (Rev. 2010). Ifa petition for evidentiary hearing is filed, the final adoption

and effective date, if any, ofthe regulations shall be established by the final Order of

the Commission in this matter, to be issued subsequent to the evidentiary hearing.

SO ORDERED, this the 8day of j , 2010.

FOR: Mississippi Commission on Environmental Quality

BY: Trudy D. Fi her

Executive Director

Mississippi Department of Environmental Quality
MISSISSIPPI 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

3
initiatives 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 DIRECTOR

MISSISSIPPI 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

3
initiatives 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 DIRECTOR
Control of Air Pollution

ORDERNO.5851 I

ORDER

Came before the Mississippi Commission on Environmental Quality (“Commission”) on

October 28, 2010, the recommendation ofthe Staffofthe Mississippi Department ofEnvironmental

Quality (“MDEQ”) that the Commission adopt proposed amendments to Commission Regulation

APC-S-5, entitled “Regulations for the Prevention of Significant Deterioration ofAir Quality”, along

with concurrent amendments to the APC-S-5 section ofthe Mississippi State Implementation Plan

(SIP) for Control of Air Pollution. The Commission finds as follows:

1. The public record file in this matter reflects that public notices were published as

required by state law; that a public notice and comment period of at least thirty days

was allowed; and that Staff conducted a public hearing regarding the proposedregulations, in accordance with Miss. Code Ann. 49-17-25 (Rev. 2003), and as

required in part by the Mississippi Administrative Procedures Law, Miss. Code Ann.

§ 25-43-1.101, etseq. (Rev. 2010).

2. One verbal comment was received and transcribed at the public hearing regarding the

proposed amendments to the regulations; and two written comments were received

regarding the proposed amendments to the regulations. The transcript ofthe public

1
the amendment to the SIP as recommended by staff. A copy of the regulations is

appended to this Order. This decision will become final unless, pursuant to Miss.

Code Ann. § 49-17-41 (Rev. 2003), an interested party files a sworn petition with the

Commission within 30 days from the date of this Order requesting an evidentiary

hearing before the Commission or its hearing officer. If an evidentiary hearing is

requested and held, the Commission shall finalize its decision in this matter by

issuing a subsequent Order after full consideration ofthe matters raised during the

evidentiary hearing.

Ifno petition for evidentiary hearing is filed, these regulations shall become effective

30 days after filing with the Secretary of State, as provided in Miss. Code Ann. § 25-

43-3.113 (Rev. 2010). Ifa petition for evidentiary hearing is filed, the final adoption

and effective date, if any, ofthe regulations shall be established by the final Order of

the Commission in this matter, to be issued subsequent to the evidentiary hearing.

SO ORDERED, this the 8day of j , 2010.

FOR: Mississippi Commission on Environmental Quality

BY: Trudy D. Fi her

Executive Director

Mississippi Department of Environmental Quality