MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY

“REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION

OF AIR QUALITY”

APC-S-5

Amended April 28, 2011
APC-S-5, PSD Regulations, Amended April 28, 2011, Final Clean Version

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MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY

REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION

OF AIR QUALITY

APC-S-5

Adopted June 28, 1990

Amended April 25, 1991

Amended December 9, 1993

Amended August 22, 1996

Amended July 28, 2005

Amended August 23, 2007

Amended October 28, 2010

Amended April 28, 2011

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 March 22, 2011, except as provided in 2. below. CFR refers to 

the “Code of Federal Regulations”.

2. Other than the subsections and phrases listed below and except for the changes set forth in 

Section 3. of this regulation, the provisions of 40 CFR 52.21 as amended and promulgated by 

March 22, 2011, 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].
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2.7 (i)(1)(xi) [Exemptions; PM2.5 in complete PSD applications received prior to July 

15, 2008].

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),

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,
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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.