April 6,20 10 

Mr. A. Stanley Meiburg, Acting 

Regional Administrator 

United States Environmental Protection Agency Region IV 

61 Forsyth Street, SW 

Atlanta, GA 30303 

Dear Mr. Meiburg: 

In my letter to you dated March 4,201 0, I advised you that the State of Mississippi is 

seeking authorization to implement the renovation requirements for the Lead-Based Paint 

Activities Training and Certification Program. The relevant state statutes and regulations were 

enclosed with my letter of March 4. It is my understanding that the following additional 

certification will allow for the State program to be deemed authorized at this time. 

I hereby certify in accordance with Section 404 (a) of the Toxic Substances Control Act, 

and 40 CFR 745.324 (c), that based on the analysis conducted as part of this application the laws 

of Mississippi are at least as protective as the Federal Lead-Based Paint Renovation Program 

found at 40 CFR Part 745 Subpart E, and State law provides adequate authority to enforce compliance with our Renovation Program. 

oodcock 

Assistant Attorney General 

Copy: Trudy Fisher, Executive Director, MDEQ 

Geoffrey Morgan, Chief of Staff, MS Attorney General's Office 

MlSSlSSIPPl DEPARTMENT OF TRANSPORTATION POST OFFICE BOX 1850 JACKSON, MISSISSIPPI 39215-1850 

TELEPHONE (601) 359-7600 TELEFAX (601) 359-7774 
Mr. A. Stanley Meiburg 

Acting Regional Administrator Region IV 

U.S. Environmental Protection Agency 

61 Forsyth Street, SW 

Atlanta, GA 30303 

Dear Mr. Meiburg: In accordance with Section 404(a) of the Toxic Substances Control Act, I am forwarding 

an application for authorization of the Lead Based Paint Renovation Program for 

Mississippi. The application has been forwarded directly to the Environmental Protection Agency's Region IV program office for review. I believe you will find it contains the 

provisions necessary to implement an effective Renovation Program. 

Should you require further information, please contact Trudy Fisher, Executive Director 

of the Mississippi Department of Environmental Quality. Thank you for your assistance. 

Sincerely, 

Enclosures cc: Elizabeth Wilde, Regional Lead Coordinator, EPA Region IV Air, Pesticides & 

Toxics Management Division 

POST OFFICE BOX 139 JACKSON, MISSISSIPPI 39205 TEL (601) 359-3150 FAX (601) 359-3741*www.governorbarbour.com 
TOXIC SUBSTANCES CONTROL ACT 

SUBPART E 

FOR 

RENOVATION, REPAIR, AND PAINTING 

AND 

PRE-RENOVATION EDUCATION (406(b.)) 
APPLICATION FOR STATE AUTHORIZATION 

TOXIC SUBSTANCES CONTROL ACT 

SUBPART E 

FOR 

RENOVATION, REPAIR, AND PAINTING 

AND 

PRE-RENOVATION EDUCATION (4O6(b .)) 
II. State Program Authorization - Application Contents 2 

A. Transmittal Letters, Program Summaries and Statutes, Rules, Standards, Policies 

and Procedures 3 

1. Cover Sheet 4 

2. Transmittal Letter from State Governor 6 

3. Attorney General's Statement 7 

4. Summary of State Program 8 

5. Public Notice and Hearing Summary 12 

6. Copies of Statutes, Rules, Standards, and Other Materials 13 

7. Program Certification for States 17 

B. State Program Description 18 

1. State Primary and /or Secondary Administering Agencies 19 

2. Program Elements 

a. Procedures and Requirements for PRE (406(b)) 23 

b. Procedures and Requirements for Accreditation 26 

c. Procedures and Requirements for Certification 32 

d. Work Practice Standards 35 

e. Appropriate Infrastructure or Government Capacity 38 

3. Program Component Analysis 42 

4. Compliance and Enforcement Program 44 

a. Interim Approval 46 
Sampling Techniques 

Tracking Tips & Complaints 

Targeting Inspections 

Follow-up to Inspection Reports 

Compliance Monitoring and Enforcement 

Administration Resources Agreement to Submit to EPA the Summary and Performance 

Appendix A - Summary on Progress and Performance 

~iiendix B- Memorandum of Agreement 
Renovation, Repair and Painting program, the State provided public notice of intent to seek 

authorization and conducted a public hearing on its application. The public notice and public 

hearing conformed with the State's Administrative Procedure requirements. 

B. Application Contents 

In accordance with 40 CFR 5 745.324, following are the components of the State of Mississippi's 

lead-based paint Renovation, Repair and Painting program application: 

(1) Cover sheet; 

(2) A summary of the State program; 

(3) A transmittal letter from the Governor; 

(4) An Attorney General statement that the State regulations provide the necessary legal 

authority to administer and enforce this program; 

(5) A program description, including a program analysis, an enforcement and compliance 

program description; 

(6) Copies of all applicable State regulations, policies and procedures; and 

(7) An optional certification, signed by the Special Assistant Attorney General, that the State 

program meets the criteria established for program authorization. 

C. Application Submission 

As required, three (3) copies of the entire application are being submitted to the Environmental 

Protection Agency's Region IV office. 

D. Agency Review 

As provided for in the application process, the State of Mississippi is applying for program 

authorization using the Program Certification method. The State is aware the State program is 

deemed authorized until such time as the EPA disapproves the program application or withdraws 

the State authorization. 
I1 State Program Authorization 

Application Contents 
1I.A. Transmittal Letters, Program Summaries and 

Statutes, Rules, Standards, Policies and Procedures 

Mississippi 

State or Tribe 

Applying for (circle one or both): 

Pre-Renovation Renovation, Repair, 

Education and Painting 

Contact Name: Jimmie Asbill 

Agency: Mississippi Department of Environmental Quality Title: Chief, Certification Branch, Office of Pollution Control, Air Division 

Address: P.O. Box 2261, Jackson, MS 39225-2261 

Phone: (601)961-5164 Fax: (601)96 1-5742 

E-Mail: Jimmie Asbill@,deq.state.ms.us 

The following documents (with a check mark) are included, in order, with this application. 

-X A summary of the State or Tribal program; -X A transmittal letter from the Governor ; 

-X An Attorney General's or Tribal equivalent's statement that the State's or Tribe's laws and 

regulations provide the necessary legal authority to administer and enforce this program ; 

-X- A program description, including an enforcement and compliance program description and, for any 

Tribe, documentation that the Tribe is eligible for Treatment as a State (This must include an 

analysis comparing the program to the Federal Program and demonstrating how the program is as 

protective as the Federal Program); 

-X Copies of all applicable State or Tribal statutes and regulations; and -X OPTIONAL. For States Only: A certification, signed by the Governor, that the State 

program meets the criteria established for program authorization 
agency that is responsible for administering and enforcing the program and that will serve as the key point 

of contact for the Renovation Program. 
Mr. A. Stanley Meiburg 

Acting Regional Administrator Region IV 

U.S. Environmental Protection Agency 

6 1 Forsyth Street, SW Atlanta, GA 30303 

Dear Mr. Meiburg: In accordance with Section 404(a) of the Toxic Substances Control Act, I am foiwarding 

an application for authorization of the Lead Based Paint Renovation Program for 

Mississippi. The application has been forwarded directly to the Environmental Protection 

Agency's Region IV program ofice for review. I believe you will find it contains the 

provisions necessary to implement an effective Renovation Program. 

Should you require further information, please contact Trudy Fisher, Executive Director 

of the Mississippi Department of Environmental Quality. Thank you for your assistance. 

Sincerely, 

Enclosures 

cc: Elizabeth Wilde, Regional Lead Coordinator, EPA Region IV Air, Pesticides & 

Toxics Management Division 

POST OFFICE BOX 139 JACKSON, MISSISSLPPI 39205 TEL (&)I ) 159-3 150 FAX (601 ) 159.374 1 *wu.w gcwemurharhour corn 
statement includes citations to the specific statutes and regulations providing that legal authority. 
jwoodcock(iilmdoLsiate.ms.us 

March 4,2010 

Mr. A. Stanley Meiburg, Acting Regional Administrator 

United States Environmental Protection Agency 

Region N 

61 Forsyth Street, SW 

Atlanta, Georgia 30303 

Dear Mr. Meiburg: 

The State of Mississippi has been implementing the Lead-Based Paint Activities Training and 

Certification Program, as it applies to abatements, for a number of years. The State of Mississippi now 

seeks authorization to implement the renovation requirements for this program as well. In accordance @ with Section 404(a) of the Toxic Substances Control Act, an application for authorization of the LeadBased Paint Activities Training and Certification Program for Mississippi is being forwarded with this 

letter. The application will be forwarded directly to the Environmental Protection Agency Region IV 

program office for review. The Mississippi Department of Environmental Quality (MDEQ), which serves 

as the staff of the Mississippi Commission on Environmental Quality (Commission), is the state agency 

that will administer and enforce this program. 

In addition, I certify that, in accordance.with Section 404(a) of the Toxic Substances Control Act 

and 40 Code of Federal Regulations (CFR) Section 745.324, to the best of my knowledge, the laws and 

regulations of the State of Mississippi provide adequate legal authority to administer and enforce the 

Lead-Based Paint Activities Training and Certification Program. The relevant state statutes may be found 

at Miss. Code Ann. Sections 49-17-501, et seq., and the relevant state regulation is the State of 

Mississippi Regulations for Lead-Based Paint Activities, also known as Commission Regulation APC-S9. A copy of the state statutes and state regulation are enclosed for your reference. Both the statutes and 

the regulation are adopted and effective at this time. 

Enclosures copy w/o enc.: Trudy Fisher, DirectorIMDEQ 

Geoffrey Morgan, Chief of StaffMS Attorney General's Office 

MlSSlSSlPPl DEPARTMENT OF TRANSPORTATION POST OFFlCE BOX 1850 JACKSON, MlSSISSIPPI 39215-1850 

TELEPHONE (601) 359-7600 ' TELEFAX (601) 359-7774 
practice standards included in the program. 
will implement the lead

based paint Renovation, Repair, and Painting Program and the 

Pre-Renovation Education Program. Requirements of the programs will include accreditation 

of lead-based paint activities training programs, certification of individuals and firms engaged in 

lead-based paint renovation activities in target housing and child-occupied facilities, required 

work practice standards for conducting lead-based paint renovation activities, and pre-renovation 

education requirements that must be followed prior to performing a renovation. 

Regulations setting out the procedures and requirements for the accreditation of lead-based paint 

activities training programs, the certification of individuals and firms engaged in lead-based 

paint renovation activities, the work practice standards to be followed in performing lead-based 

paint renovation activities and required pre-renovation education requirements were adopted by 

the Mississippi Commission on Environmental Quality on December 10, 2009. Requirements 

under the regulations will be applicable beginning on the effective date of the regulations. 

Authority to administer and enforce a State program as protective as the federal lead-based paint 

program was provided for in the amended "Lead-Based Activity Accreditation and Certification 

Act" which was passed by the Mississippi Legislature during its 2009 regular session. 

The State lead-based paint renovation program regulations are applicable to all persons engaged 

in lead-based paint activities in target housing and child-occupied facilities. However, persons 

who perform lead-based paint activities within residential dwellings they own are exempt from 

the regulations unless the residential dwelling is occupied by a person or persons other than the owner or owner's immediate family while these activities are being performed, or a child having 

an elevated blood lead level resides in the building. Also exempt from the required work 

practice standards of the regulations are renovations performed in target housing if the firm 

performing the renovation has obtained a statement signed by the owner that the renovation will 

occur in the owner's residence, no child under age 6 resides there, no pregnant woman resides 

there, the housing is not a child-occupied facility, and the owner acknowledges that the 

renovation firm will not be required to use the work practices applicable to renovation activities. 

Also, the regulations do not require the performance of lead-based paint renovation activities, 

but establish requirements and procedures to follow when lead-based paint renovations are 

performed. Each department, agency, and instrumentality of the executive, legislative, and 

judicial branches of the Federal Government having jurisdiction over any property or facility, or 

engaged in any activity resulting, or which may result, in a lead-based paint hazard, and each 

officer, agent, or employee thereof shall be subject to, and comply with all of the requirements of 

these regulations regarding lead-based paint renovation activities. 

The State regulatory requirements for the accreditation of lead-based paint activities training 

programs are consistent with the accreditation requirements of the federal program. The federal 
lead-based paint activities course is contingent on a satisfactory on-site course audit. 

The State renovation certification program requirements include the certification of firms, 

renovators and dust sampling technicians. The State program certification requirements are 

essentially equivalent to the federal requirements. Each certification discipline must meet 

required academic andor experience requirements of the State program regulations to be 

certified. The State program will require renovators and dust sampling technicians to be 

certified with the certification to be renewed annually. Certification will enable the program to 

ensure individuals performing as renovators and dust sampling technicians are properly trained 

and qualified to perform those activities. Yearly renewals will enable the State program to 

conduct a more effective certification program. The certification will assist the program 

inspectors in assuring qualified individuals are on the work site. 

The State program work practice standards that must be followed by persons performing 

lead-based paint renovation activities in target housing and child-occupied facilities are 

equivalent to the work practice standards in the federal regulations. The work practice standards in the federal regulations were followed in developing the state work practice 

standards. An additional requirement of the State program (which is not included in the federal 

program) requires the filing of a project notification, in writing, prior to the commencement of 

any lead-based paint renovation activity. The project notification requirement will assist in 

conducting an effective compliance and enforcement program. 

The State program provides for establishing reciprocity arrangements with other states andor 

Indian Tribes with authorized programs which have certification, educational, and experience 

requirements consistent with those of the State of Mississippi and which grants equal 

certificating and accreditation privileges to persons certified and training programs accredited in 

Mississippi. This provision is consistent with the federal regulations which encourage 

States to establish reciprocity procedures. 

The State renovation program will include the pre-renovation education program requirements of 

the federal Pre Renovation Education (PRE) program. These program requirements were 

adopted by the legislature during their 2009 legislative session. The pamphlet Renovate Right: 

Important Lead Hazard Information for Families, Child Care Providers and Schools must be 

distributed per the regulations prior to the beginning of any renovation project by a firm. Outreach activities have a high priority in the State program. The objective of the outreach 

program is to educate and make the public and regulated community aware of the hazards of 

lead-based paint. The outreach program will also inform the public and regulated community 
The Mississippi Commission on Environmental Quality and the Mississippi Department of 

Environmental Quality have adequate authority to administer and enforce all regulatory 

requirements of the State program. The enforcement authorities provided by State statutes and 

regulations are adequate to ensure the State program is as protective as the federal program. 

The compliance and enforcement elements of the State program are comparable to the 

compliance and enforcement elements of the federal program. As provided for in the federal 

program, the State program provides for the suspension, revocation, or modification of training 

program accreditation and certifications of individuals and firms. 
copy of the notice of public hearing, details of the public hearing, as well as a record of the comments 

received and the State's response to comments. 
request federal delegation of the lead-based paint program. The proposed regulation amendments 

will be applicable statewide. 

I. Substance of the Proposed Amendments. 

The amendments to "Regulations for Lead-Based Paint Activities", APC-S-9 involve 

incorporating new federal regulations for renovations, repair, and painting activities as the 

activities pertain to lead-based paint activities in target housing and child-occupied facilities. 

The Departrnent also intends to seek program delegation by the U.S. Environmental Protection 

Agency in order to incorporate the new renovation, repair, and painting requirements into 

Mississippi's Lead-Based Paint Program. 

11. Manner By Which the Public May Comment 

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

Mr. Jimmie Asbill, Mississippi Department of Environmental Quality, Office of Pollution 

Control, Air Division, P.O. Box 2261, Jackson, Mississippi 39225 or by calling 601 -961-5 171. 

For persons with internet access, the proposed regulation amendments may be found on the web 

site of the Mississippi Department of Environmental Quality at http:llwww.deq.state.ms.us . 

Also, copies of the proposed regulation amendments will be available for public review through Wednesday, November 18,2009, in the main branch of public libraries in Gulfport, Jackson, and 

Tupelo, Mississippi. The proposed regulation amendments may also be reviewed in the offices 

of the Mississippi Department of Environrncnhl Quality at 515 E. Amite Street, Jackson, 

Mississippi. Please contact Ms. Edna Banks at (601) 961 -5 171 to schedule an appointment. 

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

described below. Also, any written statements regarding the proposed regulation amendments 

will be a part of the public hearing record if delivered to the MDEQ address shown above by 

5:00 p.m., Wednesday, November 1 8,2009. 

III. Notice of Public Hearing. 

The hearing will be held on Wednesday, November 18,2009, at 3:00 p.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 additionaI information, please contact Mr. Jirnrnie Asbill at 601 -961-51 64. 

Lead-Baed Paint Rquluions 

Notice of Public Hearing 

OctobFr loop 

MISSISSIPPI 

SECRETARY OF STATE cB 
Q

y 

Ted Lampton, Senlor Attorney 

Department of Envlronmental Quality 

Post OMce Box 20303 

Jackson, Mississippi 39289-1305 

(601) 961-5573 

Ted-LPrnpton@dq.stPtcm~us 

Miss. Code Ann. 8 49-2-9(1)(b) and 49- 17-50'? (Rev. 2003) 

Reference to Rules repealed, amended or suspended by the 

Proposed Rule: "J&gulations for Lead-Bawd Painf 

Activitiesn. APC-S-9 

Explanation of the Purpose of the Proposed Rule and the rmson(s) for proporing the rule: 

to "Rmons for Lead-Based Paint Activities". APC-S8 incom 

. . 

rate new fed4 wlations & 

rtnovaftons. acandiacrivitiu as the activities pertain to lead-based mint activities in target housinn and ch& 

occu~ied facilities. The De~p k dlnten~le~ation by the U.S. Envimnmen$ll Rote- 

. . order to mwwc the new rtno vmo-d DM- into M-cad-Based 

This rule is proposed as a a~inal Rule, andlor a Temporary Rule (Check one or both boxes as applicable.) 

Persons may prtsent their vlews on the proposed rule by addrerslng written commentr to the agency at the above 

address. Persons making comments should Include their name and address, as well as other contact information, and 

if yoa are an agent or attorney, the name, address and telephone number of the party or parties you represent. 

Oral Proceeding: Check one box below: 

NAn oral proceeding is scheduled on this rule on: 

Date: Wednesday, November 18,2009 

Time: 3:00 p.m. 

Place: Mississippi Dept. of Environmental Quality, 5 15 E. Amib St, Jackson, Mississippi 

If you wish to be heard and present evidence at the oral proceeding you must make a written request to the agency at 

the above address at least five (5) days prior to the proceeding to be placed on the agenda The request should 

include your name, address, telephone number as well as other contact information; and if you are an agent or 

attorney, the name, address and telephone number of the party or parties you represent. 

a An oral proceeding is not scheduled on this rule. Where an oral proceeding is not scheduled, an oral proceeding 

will be held if a written request for an oral proceeding is submitted by a political subdivision, an agency or ten (10) 

persons. The written request should be submitted to the agency contact penon at the above address within twenty 

(20) days after the flling of this notice of proposed rule adoption and should include the name, address and telephone 

number of the pmon(s) making the rquest; and if you are an agent or attorney, the name, addnss and telephone 

number of the party or parties you represent 

Economic Impact Statement: Check one box below: 

NThe agency has determined that an economic impact statement is not required for this rule, or 

OThe concise summary of the economic impact statement rquid is attached. 

The entire text of the Proposed Rule including the text of any rule being amended or changed is attached. 

Date Rule Proposed: October 16,2009 

Proposed Effective Date of Rule: 30 days after final filing. 

1' 

Signature and Title of Pemn submitting Rule for Filing: 

wm v, i3 SOS FORM MA 001 

Ted Lampton, ~enioj Attorney Effective Date 01107R005 

ELM HAROWlCK 
S

OO

Jackam. MkP(Y 30225 OI by C- t01.eg(.5171, For w- $2 interllot a- Iim pmpd rrtcpl~~ amo~n~s mrv tm lound M IVW wo ru d the ffl**s Depa+wa d Emk~n~ntal Ouay u 

lw~-%.rw.(ns.Ln . Aha copies d m ~woposed ragu(~~ar mmemen~ 4 ba arsilwa lor 

review mfwgh -.,Now- te me, 111 the mh br~m d mr~o Ilbradw h OLU~ 

.iac~wn, wd rw. W* rhr OW md 

rcyubtim amen&nsns mq slwT mw- &PI"* 

01 leas c4 111 M(l.sir DBW- d Ewrorment* at 5,s E. Sken. Mk~is nos*. conis1 us. Edn Dank* a (001) ~~3~17% rchodub M e~&Omsnl 

PERSONALLY appeared before me, the 

undersigned notary public in and for Hinds 

County, Mississippi, 

GLORIA WEAKLEY 

an authorized clerk of THE CLARIONLEDGER, a newspaper as defined and prescribed 

in Sections 13-3-31 and 13-3-32, of the 

Mississippi Code of 1972, as amended, who, 

being duly sworn, states that the notice, a true 

copy of which is hereto attached, appeared in the 

issues of said newspaper as follows: 

Published 3 Tirne(s) 

Signed 

Authorized Clerk of LJ The Clarion-Ledger 

SWORN to and subscribed before me 

the 18th day of November, 2009. 

1 

Notary ~hblic 

RICK TYLER 
NOVEMBER 18, 2009 

TRANSCRIPT OF PROCEEDING 

Taken at MDEQ, Air Division, 

Jackson, Mi ssi ssi ppi , 

on November 18, 2009, 

eginning at approximately 3:05 p.m. 

PRESENT FOR MDEQ: 

MR. JIMMIE ASBILL, CHIEF, ASBESTOS AND LEAD 

CERTIFICATION 

MR. TED LAMPTON, SENIOR ATTORNEY MR. CONNIE SIMMONS, POLLUTION CONTROL 

GWENDOLYN J. BRADDY PH.D., ENVIRONMENTAL 

ADMINISTRATOR 

MR. ROY NELSON, ENVIRONMENTAL SCIENTIST 

MS. VIRGINIA RICKELS, SPECIAL PROJECTS OFFICER 

MS. MARY BROWN, ADMINISTRATIVE ASSISTANT 

ELLA J. HARDWICK, CVR 

Certified Verbatim Reporter #I749 

Notary Pub1 i c 

MELISSA L. MAGEE PROFESSIONAL REPORTING 

SERVICES 

Post Office Box 433 

Mt . 01 i ve, Mi ssi ssi ppi 391 19 

1 .8OO. 73STENO 

1 .6Ol .797.9240 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
Certificate Page .......................... 27 

EXHIBITS 

DESCRIPTION 

Notice of Proposed Rule Adoption. . . . . 

Notice of Publ ic Hearing.. . . . . . . . . . . . 

Proposed Amendments .................. 

Proof of Publ i cati on-Hi nds County. . . . 

Proof of Publication-Lee County ...... 

Proof of Publ ication-Harri son County. 

Meeting Registration Card ............ 

PAGE 

3 

3 

3 

3 

3 

3 3 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
g

g 

go ahead and get started. We're going 

to go ahead and get started. 

My name is Ted Lampton. I'm an 

attorney for the Mississippi 

Department of E n v i r o n m e n t a l Qua1 i ty , 

and we're here today for a public 

hearing related to amendments of the 

State of Mi s s i s s i ppi Regulations for 

Lead-Based Paint Activities, also 

known as Commi ssion Regulation 

APC-S-9. 

The proposed regul ati on has been 

filed with the Mississippi Secretary 

of State's office, and I'd like to 

enter a copy of the filing form 

stamped by the office of the Secretary 

of state as an exhibit and also a 

red-lined copy of the proposed 

regulation. 

The hearing has been properly 

noticed to the public, and I'd like to 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
that published the notice. 

The purpose of this hearing is to 

provide you, the public, with a forum 

to voice your comments regarding these 

issues, and your comments will be 

transcribed verbatim and forwarded to 

each of the seven members of the 

Mi ssi ssi ppi Commission on 

E n v i r o n m e n t a l Qua1 i ty , a1 so known as 

the Commission, so that the Commission 

can consider your comments before 

making any decisions on whether to 

approve the amendment to the 

regulation. 

I will be serving as moderator 

today. Jimmie Asbill of the MDEQ Air 

Division will first make a detailed 

presentation about the amendments. 

Then Dr. Gwendolyn Braddy of the MDEQ 

Air Division will give a power point 

presentation further describing the 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 
have asked that everyone fill out one 

of our identification cards so that we 

have a record of your attendance here 

today. And if you wish to make any 

comments, please indicate that on your 

card. 

After Dr. Braddy's presentation, 

1'11 collect all the cards, and 

Mr. Asbill will call on those who wish 

to speak one at a time. 

Does everyone present here have 

one of these cards? You have a card? 

After Dr. Braddy's presentation, 1'11 

collect all the cards, and Mr. Asbill 

will call on those who wish to speak 

one at a time. 

Now, I'm going to turn the floor 

over to Jimmie Asbill to describe the 

amendments to the Regulation. 

MR. ASBILL: Good afternoon. I'm 

Jimmie Asbill, Chief of the Asbestos 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1 .8OO. 73STENO 
members that we have in the Air 

Division that are in attendance. 

Dr. Gwen Braddy, who is the 

envi ronmental admi ni strator of the 

program. Roy Nelson, who is an 

E n v i r o n m e n t a l Scientist and works with 

Dr. Braddy . Vi r g i n i a Ri ckel s , Speci a1 

Projects Officer, who takes care of 

our certification activities. Mary 

Brown, who's one of our administrative 

assistants. 

In accordance with 

Section 49-17-25, Mississippi Code, we 

are holding a public hearing to 

receive comments concerni ng proposed 

amendments to the Regulations for 

Lead-Based Paint Activities, APC-S-9, 

involving incorporating new federal 

regulations for renovations, repairs, 

and painting activities as the 

activities pertain to lead-based paint 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
Accreditation and Certification Act, 

codi f i ed at Mi s s i s s i ppi Code Annotated 

Section 49-17-501, et seq., was 

amended earlier this year so as to 

allow for these amendments to the 

Commi ssion regulations APC-S-9. 

The regulations , as current1 y 

written, only apply to lead-based 

paint abatement activities. The 

amendments regard the accreditation of 

trai ni ng programs, procedures and 

requi rements for i ndi vi dual s and fi rms 

engaged i n 1 ead - based pai nt renovat i on 

activities, and work practice 

standards for performing such activities. 

The proposed amendments also 

include Pre-Renovation Education 

requirements. The Department also 

intends to seek program delegation by 

making application to the US 

pMELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 
Lead-Based Paint Program. 

The Mi s s i s s i ppi Department of 

Environmental Quality's program will 

be as protective as the federal 

program. We have provided notice of 

this public hearing in accordance with 

state law. 

After the pub1 ic notice period, 

comments received and a recommendation 

on the proposed rules and regulations 

will be presented to the Commission on 

Environmental Quality. 

Rules adopted by the Commission 

will be filed with the Secretary of 

State's office in accordance with the 

State Administrative Procedures Law. 

Any appeal of the adopted regulations 

must be made within 30 days. 

Any comments received during this 

Public Hearing will be included in the 

program plan and be submitted to the 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
proposed regulations in order to be 

consistent with state law. The 

additional 1 anguage i s : 

Chapter II.G.1, which is 

Renovator Certification Requi rements. 

Insert a new a. to read as follows: 

(a) Have a high school diploma, 

or its equivalent, and one year of 

experience as a lead-based paint 

abatement or renovation worker, or two 

years of experience in a related 

field, as determined by the Commission 

or in the building trades. Renumber 

the remaining subparagraphs. 

Chapter II.H.l applies to Dust 

Sampl i ng Techni ci an cert i f i cat i on 

requirements. Insert a new a. to read 

as follows: 

(a) Have a high school diploma 

or its equivalent. Then, again, 

renumber the remai ni ng subparagraphs. 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1 .8OO. 73STENO 
have in place now will be Dr. Gwin 

Braddy, and she'll a1 so explain some 

of the health effects of lead-based 

paint. 

And I failed to mention Connie 

Simmons, which has been a big help to 

us in preparing for this hearing, 

preparing our regulations, and making sure we do the right thing legal wants 

us to do or we have to do, but anyway, 

Gwi n. 

DR. BRADDY: Good afternoon. The 

next thing we have is our Powerpoint 

presentation. Lead-based paint renovation, repai r and painting 

program, final rule, rule summary, our 

abbreviation RR&P. On June 23rd, 

2008, the EPA issued a final rule 

under the authority of 402C3 of the 

Toxic Substances Control Act, known as 

TOSCA, to address lead-based paint 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
Briefing Overview: Why is Lead a 

Hazard for Children; Abatement vs. 

Renovations; Rule Scope; 

Pre-renovation Education; Training and 

Certification Requi rements; Work 

Practice Requirements; Recordkeeping Requirements; Outreach to Non-regulated Parties; Effective 

Dates. 

Why is lead a hazard for 

children? Heal th effects: 

Neurocognitive decrements are 

associated in young children with 

blood lead concentrations in the range 

of 5 to 10 micrograms per deciliter 

and possi bl y somewhat 1 ower . 

A decline of 6.2 points in full 

scale IQ for an increase in concurrent 

blood lead levels from 1 to 10 

micrograms per deciliter has been 

estimated. 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1 .8OO. 73STENO 
pathway through which children are 

exposed to lead-based paint hazards. 

Children, particularly younger 

children, are at risk for high 

exposures of lead- based paint dust via 

hand-to-mouth exposure and may also 

ingest lead-based paint chips from 

flaking paint on walls, windows, and 

doors. 

Affected popul ati on : According 

to the Centers for Disease Control and 

Prevention (CDC), in 2002, there were 

310,000 children in the United States 

with elevated blood lead levels (i.e., 

10 micrograms per deci 1 i ter) . In 

1978, there were 13.5 million. 

Abatements vs. Renovations: 

Right now we do have an EPA Delegated 

State Program, and that's the 

abatement side of lead-based paint 

activities. 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
financial assistance; state and local 

laws and regulations may require 

abatements in certain situations 

associated with rental housing. 

Abatements are not covered by this 

rul e. 

At this current time, we are 

seeking authority to get the EPA 

Program to run the renovation side of 

the lead-based paint activity. 

Renovations are performed for many 

reasons, most having nothing to do 

with lead-based paint. 

Renovations involve activities 

designed to update, maintain, or 

modify all or part of a building. 

Renovations are covered by this rule. 

The rule scope covers renovation, 

repair and painting activities that 

disturb lead-based paint in: Target 

housing, which is housing constructed 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
reside in such housing) , or any 

zero-bedroom dwelling, 

child-occupied facilities (this 

includes kindergartens and childcare 

centers). 

Under this rule, a child-occupied 

facility is: A building, or a portion 

of a building constructed prior to 

1978; visited regularly by the same 

child, under 6 years of age, on at 

least two different days within any 

week (Sunday through Saturday period), 

provided that each day's visit lasts 

at least three hours, and the combined 

weekly visits last at least six hours, 

and the combined annual visits last at 

least 60 hours. 

Child-occupied facilities may be 

located in pub1 ic or commercial 

buildings or in target housing. 

Pre-Renovation Education. The 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
posting informational signs while the 

renovation is ongoing. 

The signs must: Be posted where 

they are likely to be seen by a1 1 the 

tenants of the affected units; contain 

a description of the general nature 

and locations of the renovation; and 

the anticipated completion date; 

Be accompanied by a posted copy 

of the new renovation-speci fic 

pamphlet. That's the one titled 

Renovate Right. Or information on how 

interested tenants can review or 

obtain a copy of the pamphlet at no 

cost to the tenants. 

Final RRP rule adds 

pre-renovation education requirements for child-occupied facilities. When 

renovating a child-occupied facil i ty, 

renovation firms must: Provide a copy 

of the Renovate Right pamphlet to the 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
bui 1 di ng owner; 

Deliver general information about 

the renovation to parents and 

guardians of children under age six 

using the faci 1 i ty by mai 1, 

hand-delivery or by posting 

informational signs while the 

renovation is ongoing. 

The signs must: Be posted where 

they are likely to be seen by the 

parents and guardians; contain a 

description of the general nature and 

locations of the renovation and the 

anticipated completion date; be accompanied by a posted copy of the 

new renovati on- speci f ic pamphlet 

(Renovate Rights) or information on 

how interested parents and guardians 

can review or obtain a copy of the 

pamphlet at no charge. 

Training and Certification 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
on-the-job training from certified 

renovators. To become certified, 

renovation firms must submit an 

application to MDEQ, and they will be 

charged a fee of $350. Firm 

re-certification is required annually. 

To become certified, the 

following persons must take an 8-hour 

accredited t rai ni ng course, wi th a 

minimum of two hours devoted to 

hands-on activities. Renovators are 

individuals who perform and di rect 

renovation activities. And dust 

sampl i ng techni ci ans , i ndi vi dual s who 

perform dust sampl ing not in 

connection with an abatement. 

The course completion certi ficate 

serves as certification for these 

individuals. Refresher training is 

required every three years. 

Work Practice Requirements. Work 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
area containment; the restriction or 

prohibition of certain practices, such 

as high heat gun, torch, power 

sanding, power planing; waste 

hand1 i ng ; cl eani ng ; post - renovati on 

cleaning verification. 

The certified renovator must 

direct the posting of signs outside 

the work area to warn occupants and 

others not involved in the renovation 

to remain clear of the area. 

In addition, the certified 

renovator must also direct the 

containment of the work area so that 

dust or debris does not leave the area 

while the work is being performed. Objects left in the work area, HVAC 

ducts, and floors must be covered with 

taped-down plastic or other 

impermeable sheeting. 

Specific cleaning steps (which 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
dirty-side inward, and disposed of as 

waste. Walls in the work area must be 

vacuumed with a HEPA vacuum or wiped 

with a damp cloth. 

All other surfaces in the work 

area must be vacuumed with a HEPA 

vacuum and wiped with a damp cloth. 

Floors must be wet mopped, using the 

two-bucket method or a wet mopping 

system. 

A certified renovator must use 

wet di sposable white cl eani ng cloths 

to wi pe the wi ndowsi 11 s, countertops, 

and uncarpeted floors in the work 

area. These cloths must then be 

compared to a cleaning verification 

card. If the cloth matches or is 

1 ighter than the cleaning verification 

card, that surface has passed the 

cleaning verification. 

Surfaces that do not pass the 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
cl eani ng cloth. 

The rule does not a1 low dust 

clearance sampling in lieu of 

post-renovation cl eani ng veri fication. Exception: Cases where the contact 

between the renovation firm and the 

property owner or another federal, 

state, territorial , tribal , or local 

regulation requi res dust clearance 

sampl ing by a certified sampling 

professional and requires the 

renovation firm to clean the work area 

until it passes clearance. 

Recordkeeping Requirements. All 

documents must be retained for three 

years following the completion of a 

renovati on. 

Enforcement: Lead-based paint is 

assumed to be present at renovations 

covered by this rule. MOEQ will 

conduct inspections and issue notice 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
and education campaign designed to 

inform homeowners and other building 

owners to follow lead-safe work 

practices to be followed when 

performing renovations and the 

requi rements to hi re a cert i f i ed 

renovation firm to perform requi red 

work. 

Effective Dates: June 22, 2008, 

was the effective date on the rule. 

States and tribes can begin applying 

for authorization. 

April 22, 2009, providers of 

renovator and/or dust sampling 

technician training may apply for 

accreditation. 

October 22, 2009, renovation 

firms may begin applying for 

certification. April 22, 2010, the 

rule will be fully implemented. 

Training providers must be accredited. 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1 .8OO.73STENO 
Lead-Based Paint Certification 

Program. That concludes our 

Powerpoint presentation, and I wi 11 

turn it back over to Ted Lampton. 

MR. LAMPTON: Thank you very 

much, Dr. Braddy. That was excellent. 

Now, we're going to get started on the 

public participation phase of this 

hearing, and I would like to ask for 

anyone who has questions to please 

come up to the podium to ask your 

question so that the court reporter 

can hear and transcribe your questions 

or comments. 

And if there is a question, 1'11 

ask Dr. Braddy to come up and answer 

the question, or Mr. Asbill, whichever 

one is appropriate. The first 

individual indicating that she wanted 

to add some comments is Victoria C. 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 

answered in the Powerpoint 

presentation? Okay. 

I don't have any other cards 

indicating that any individual s wish 

to ask a question or make a comment, 

but I would like to open up the floor. 

Is there anyone here who would like to 

ask a question of our staff or would 

like to make a comment at this time? 

(NO RESPONSE. ) 

MR. LAMPTON: Should you want to 

make comments, I would like for you to 

come to the podium so the court 

reporter can hear you. This is 

Ms. Victoria Bailey. 

MS. BAILEY: Good afternoon. 

Thank you everyone very much for 

having us down today. It's very 

enlightening, and it's bringing 

clarity to our program. 

I represent Mi ssi ssi ppi State, 
training pertaining to lead. I feel 

it's a vital program, and I'm looking 

very forward to bringing this forward 

and doing the best we can in training. 

And I think it's very needed. 

That's my comment. And I thank you 

for your cooperation in trying to get 

everything together to where we can 

clearly understand how to use the 

program efficient1 y and a p p r o p r i a t e 1 y . 

I think this should have been 

implemented a long time ago, and I'm 

very proud of Mississippi for taking 

the bull by the horns, so to speak, 

and bl azi ng a trai 1 . I 'm very happy 

about that, but I thank you-all so 

much for the hard work that you've 

done. It's appreciated. Thank you so 

much. 

MR. LAMPTON: Thank you very 

much, Ms. Bailey, for your comments. 

-- - - 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1 .8OO. 73STENO 
comments, I would like to move forward 

with the closing. As I mentioned 

earlier, this public hearing has been 

transcribed verbatim by a court 

reporter, and MDEQ staff will review 

the transcript of this hearing an'd any 

written comments we receive to see if 

there is any further action or study 

necessary in order to make the staff's 

recommendation to the Commission. 

Then a copy of the transcript 

will be delivered to the Commission so 

that they can review all the comments 

we've heard here today. Then the 

Amendment will be brought before the 

Commission at one of their scheduled monthly meetings at MDEQ headquarters 

here in Jackson in this room. 

The amendment will most likely be 

considered at thei r next meeting, 

which is on December 10th at 9:00 in 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
decisions. And if any of you would 

like to attend this meeting of the 

Commi ssion where the decision is made 

on this, you are welcome to attend. 

Are there any questions regarding 

the procedures that will take place 

after this hearing? 

(NO RESPONSE.) 

MR. LAMPTON: If anyone here 

thinks of any other questions that 

they would like answered after this 

heari ng , we wi 11 accept wri tten 

comments until 5:00 p.m. today. 

If there are no further 

questions, at this time, I'd like to 

thank you for attending and participating in this hearing, and 

with that, we will close the record 

and adjourn this public hearing. 

(END OF PROCEEDINGS.) 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
y 

g

g p

g

and correct transcript of said proceedings as 

taken by me by voice steno at the time and 

place heretofore stated and later reduced to 

typewritten form by computer-aided 

transcription under my supervision to the best 

of my skill and ability. 

I further certify that I am not in the 

employ of, or related to, any counsel or party 

in this matter and have no interest, monetary 

or otherwise in the final outcome of the 

proceedi ngs. 

Witness my signature and seal, this the 

I --+ -!LA-- day of ILL,,~%;J(. , 2009. 

-. 

C l 

HARrnI 

i ss ton 

I 

,; IY (J ( 

, #I749 

Januar 

MELISSA L. MAGEE PROFESSIONAL REPORTING SERVICES 

1.800.73STENO 
Arm: Ted Lampton, Senior Attorney promulgation of Rule: Miss. Code Ann. $449-2- 

P.O. Box 2261 9( 1 Xb) and 49- 17-507 (Rev. 2003) 

Jackson, Mississippi 39225 

601-961-5573 Reference to Rules repealed, amended or 

Ted-Lampton@deq.state.ms.us suspended by the Proposed Rule. "Re~ulations for 

Lead-Based Paint Activities". APC-S-9 

Date Rule Proposed: October 16, 2009 

Explanation of the Purpose of the Proposed Rule and the reason@) for proposing the rule: 

The amendments to "Revulations for Lead-Based Paint Activities", APC-S-9 involve in corn or at in^ new federal 

regulations for renovations. repair, and painting activities as the activities pertain to lead-based paint activities in 

target housing and child-occupied facilities, The De~artment also intends to seek prowarn delegation bv the U.S. 

Environmental Protection Aeencv in order to incornorate the new renovation. repair, and painting reauirements into 

MississiwDi's Lead-Based Paint Prowam, 

The Agency Rule Making Record for this rule including any written comments received during the comment 

period and the record of any oral proceeding is available for public inspection by contacting the Agency at 

the above address. 

An oral proceeding was held on this rule: 

Date: November 18,2009 

Time: 3:00 p.m. CST 

Place: Mississippi Dept. of Environmental Quality, 5 15 E. Amite St., Jackson, Mississippi 

C] An oral proceeding was not held on this rule. 

The Agency has considered the written comments and the presentations made in any oral proceedings, and 

0 This rule as adopted is without variance from the proposed rule. 

0 This rule as adopted differs from the proposed rule as there are minor editorial changes which affect the 

form rather than the substance of the rule. 

The rule as adopted differs from the proposed rule. The differences however are: 

Within the scope of the matter in the notice of proposed rule adoption, 

The logical outgrowth of the contents of the Notice of Proposed Rule Adoption and the comments 

submitted response thereto, and 

The Notice of Proposed rule Adoption provided fair warning that the outcome of the proposed rule 

adoption could be the rule in question. 

The entire text of the Proposed Rule including the text of any rule being amended or changed is attached. 

Effective Date of Rule: Adopted December 10, 2009 

Effective 30 days after filing 

Signature and Title of Person Submitting Rule for Filing 

12/2 2/2m q 

Theodore D. Lampton, 111, Senior Attorney, MDEQ 

SOS FORM APA 002 

1:'tTefecfrve Date 01/07/2005 
Came before the ~ississi~pi Commission on Environmental Quality ("Commission") on 

December 10, 2009, the recommendation of the Staff of the Mississippi Department of 

Environmental Quality ("MDEQ) that the Commission adopt proposed amendments to Commission 

Regulation APC-S-9, entitled "Regulations for lead-~ased Paint Activities". 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 more than thuty 

days was allowed; and that Staff conducted a public hearing regarding the proposed 

regulations, in accordance with Miss. Code Ann.$ 49-17-25 (Rev. 20031, and as 

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

$5 25-43-1.101, et seq. (Rev. 2006). 

There were no written comments received concerning the substance of the proposed 

regulations. Verbal comments were received and transcribed at the public hearing 

regarding the proposed amendments to the regulations. The transcript of the public 
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 consid&ation of the matters raised during the evidentiary hearing. 

4. If no 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- 43-3.1 13 (Rev. 2006). If apetition for evidentiary hearing is filed, the final adoption 

and effective date, if any, of the 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 /5 day of December, 2009. 

FOR: Mississippi Commission on Environmental Quality 

BY: Trudy D. ~i/sher 

Executive Director 

Mississippi Department of Environmental Quality 
Mississippi Department of Environmental Quality (Department) to apply to the U.S. 

Environmental Protection Agency for delegation authorization for Mississippi's LeadBased Paint Program. This action is reflected in Commission Order No. 5680-09. 

I. Substance of the amendments to "Regulations for Lead-Based Paint Activities", 

APC-S-9. 

The amendments involve incorporating amendments to the State of Mississippi 

Lead-Based Paint Activity Accreditation and Certification Act, codified at Miss. 

Code Ann. Sections 49-17-501, et seq., and the requirements of the Federal 

Renovation, Repair, and Painting Rule (RRP) as the activities pertain to leadbased paint renovation activities in target housing and child-occupied facilities. 

The rule covers accreditation of training programs, procedures and requirements 

for individuals and firms engaged in lead-based paint renovation activities, and 

work practice standards for performing such activities. The amendments cover 

accreditation of training programs, procedures and requirements for individuals 

and firms engaged in lead-based paint renovation activities, and work practice 

standards for performing such activities. The amendments also include PreRenovation Education requirements. 

The Department intends to seek program delegation by making application to the 

U.S. Environmental Protection Agency for authorization to incorporate the new 

renovation, repair, and painting requirements into Mississippi's existing leadbased paint program. Mississippi's program will be as protective as the federal 

program 

11. Manner by Which the Public May Comment. 

In accordance with Miss. Code Ann. 5 49-17-41, within thirty (30) days of the 

date of the Order, any interested person may request that a hearing be conducted 

regarding the issuance of this Order. Such request must be made in writing to Ms. 

Trudy Fisher, Executive Director, Mississippi Department of Environmental 

Quality, P.O. Box 2261, Jackson, Mississippi 39225. 

III. Additional Information. 

Any person wishing to obtain additional information on this matter or a copy of 

the regulations or the Order reflecting the Commission's action may contact 1Mr. 

Jimmie Asbill at (601) 961-5164. Please bring the foregoing to the attention of 

persons whom you know will be interested. 
C58849 MS DEPT. OF ENV. QUALITY, 

0200275951 Lead-Based Paint Reg, Final Notice 

an authorized clerk of THE CLARION

LEDGER, a 

newspaper as defined and prescribed in Sections 13-3-31 

and 13-3-32, of the Mississippi Code of 1972, as amended, 

who, being duly sworn, states that the notice, a true copy of 

which is hereto attached, appeared in the issues of said 

newspaper as follows: 

Size: 425 words 12.00 cot. x 65.00 lines 

Published: 1 time(s) 

Total: $64.50 

Signed 

Authoriued Cl&k of 

The Clarion-Ledger SWORN to and suwed before me on 1213012009. 

Notary Public 

RICK TYLER 

Notary Public State of Mississippi at Large. Bonded thru 

Notary Public Underwriters 

$ 49- 17-503 Purpose. 9 49- 1 7-505 Definitions. 9 49- 17-507 Powers and duties of commission. 

$ 49- 17-509 Authority of commission to adopt regulations for accreditation and practice 

standards of lead-based paint activities. 

7-5 1 1 Lead-based paint risk assessor certificate required. 

7-5 13 Lead-based paint project designer certificate required. 

7-5 15 Lead-based paint supervisor certificate required. 7-5 16 Lead-based paint renovator certificate required. 

$ 49- 17-5 17 Lead-based paint inspector certificate required. 9 49- 17-5 18 Lead-based paint dust sampling technician certificate required. 

4 49- 1 7-5 19 Lead-based paint abatement worker certificate required. Certificate not required 

for work on renovation activities. 

$ 49- 17-521 Lead-based paint certified firm certificate required. Certificate is to indicate 

whether firm is certified for renovations or abatements or both. 

$ 49- 17-523 Denial of issuance or renewal of certificates. 

$ 49-1 7-525 Creation of Lead-Based Paint Program Operations Fund; fees. $ 49- 17-527 Prohibitions under chapter. $ 49-1 7-529 Penalities; reprimands; suspension and revocation of certificates; procedures; 

deposit of collected monies. 

$ 49- 17-53 1 Authority of commission to establish reciprocity requirements. 
6. 5 49-1 7-21 Inspection and investigations; maintenance of records; municipal sewage treatment 

and disposal systems. 

7. 9 49- 17-3 1 Proceedings before commission. 

8. 5 49-17-33 Hearings. 

9. 5 49- 17-35 Request for hearing. 

10. 5 49- 17-37 Transcript of hearings. 

1 1. 5 49- 17-41 Administrative appeals; appeals to chancery court; appeals to supreme court. 

12. 5 49-1 7-27 Emergency orders; public notice of emergency situations. 

13. 5 49-2-71 Discovery and admissibility in evidence of environmental self-evaluation reports; 

divulgence or dissemination of information in reports; exemption from Public Records Act. 

14. 5 25-43- 1 through 19 Administrative Procedures. 

3 25-43-3 Definitions. fj 25-43-5 Agency adoption of rules describing its organization and rules of practice; public 

inspection of agency rules, orders and decisions. 

9 25-43-7 Notice of proposed agency adoption, amendment or repeal of rules; emergency 

rules. 

5 25-43-9 Filing of agency rules in office of secretary of state; effective date or rules. 

5 25-43-1 1 Compilation and indexing of rules. 5 25-43-13 Notice of intended revocation, suspension, annulment or withdrawal of license; 

emergency suspension of license. 

9 25-43-1 5 Application of conflicting statutory provisions governing agency procedures in 

contested cases. 

9 25-43- 17 Opponents of proposed rules to have opportunity to present their views and to 
17. 9 7-5-5 Assistants to the attorney general 

18. RR & P and PRE amendments to the Lead-Based Paint Activities Accreditation and Certification 

Act. (49- 17-50 1 through 53 1) 

19. Regulations for Lead-Based Paint Activities providing for RR & P and PRE activities. 

20. Mississippi Lead-Based Paint Activities program authorization from EPA effective January 21, 

2003. 
Sources: Laws, 1997, ch. 390, $ I, eff from and after July 1, 1997. 
based paint activities in target housing, child-occupied facilities and other facilities regulated under 

Section 402 of the federal Toxic Substances Control Act. It is the intent of Sed~ns 49-17-501 through 

494 7-531 that the cost of the administration and enforcement of Sectio*~ 49-1 730 1 through 4% 1 7-53! shall be borne hlly by federal grants and fees for accreditation, certification, renovation projects and 

abatement projects. 

Sources: Laws, 1997, ch. 390, 15 2; Laws, 2009, ch. 427, 5 1, eff from and after passage (approved Mar. 23, 2009.) 
(a) "Abatement" means any measure or set of measures designed to permanently eliminate lead-based 

paint hazards consistent with 745 CFR Section 223. The term includes, but is not limited to, the removal 

of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based 

paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of leadcontaminated soil and all preparation, cleanup, disposal, and postabatement clearance testing activities 

associated with those measures. The term does not include renovation, remodeling, landscaping or other 

activities not designed to permanently eliminate lead-based paint hazards and interim controls, 

operations and maintenance activities or other activities and measures designed to temporarily, but not 

permanently reduce lead-based paint hazards. 

(b) "Accredited training program" means a training program that has been accredited by the 

commission, United States Environmental Protection Agency (EPA) or EPA-approved lead-based paint 

program in a state with reciprocity agreements with Mississippi to provide training for individuals 

engaged in lead-based paint activities. 

(c) "Certificate" means a document authorizing a person to perform lead-based paint activities as 

described in Segi0ns>9~17-501 through 49- 17-53_1. 

(d) "Child-occupied facility," as this term applies to abatement activities, means a building, or portion of 

a building, constructed before 1978, visited regularly by the same child, six (6) years of age or under, on 

at least two (2) different days within any calendar week, if each day's visit lasts at least three (3) hours, 

the combined weekly visit lasts at least six (6) hours, and the combined annual visits last at least sixty 

(60) hours. Child-occupied facilities include, but are not limited to, day care centers, preschools and 

kindergarten classrooms. (e) 'Child-occupied facility,' as this term applies to renovation activities, means a building, or portion of 

a building, constructed prior to 1978, visited regularly by the same child, under six (6) years of age, on 

at least two (2) different days within any week, if each day's visit lasts at least three (3) hours and the 

combined weekly visits last at least six (6) hours, and the combined annual visits last at least sixty (60) 

hours. Child-occupied facilities may include, but are not limited to, day care centers, preschools and 

kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or 

commercial buildings. With respect to common areas in public or commercial buildings that contain 

child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age six (6), such as restrooms and cafeterias. Common areas that 

children under age six (6) only pass through, such as hallways, stairways, and garages are not included. 

In addition, with respect to exteriors of public or commercial buildings that contain child-occupied 

facilities, the child-occupied facility encompasses only the exterior sides of the building that are 

immediately adjacent to the child-occupied facility or the common areas routinely used by children 

under age six (6). 

(Q "Clearance levels" means the maximum amount of lead permitted in dust on a surface following - completion of an abatement activity. 
(k) 

Firm

 means a company, partnership, corporation, sole proprietorship, association, or other business 

entity or individual doing business that performs or offers to perform lead-based paint activities. This 

term also includes a federal, state, tribal, or local government agency, or a nonprofit organization that 

performs or offers to perform lead-based paint activities. 

(1 ) "Inspection" means a surface-by-surface investigation to determine the presence of lead-based paint 

and the provision of a report explaining the results of the investigation. 

(m) "Inspector" means an individual employed to inspect or reinspect for the presence of lead-based 

paint, to collect samples for the presence of lead in dust and soil for the purposes of abatement or 

renovation clearance testing and to prepare inspection reports. 

(n) "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 

one (1) milligram per square centimeter or more than one-half of one percent (0.5%) by weight. 

(0) "Lead-based paint activities" means inspection, risk assessment, abatement or renovation of target - 

housing or child-occupied facilities. (p) "Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated 

dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible 

surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as 

identified by the Administrator of the United States Environmental Protection Agency. 

(q) 'Minor repair and maintenance activities' means activities, including minor heating, ventilation or air 

conditioning work, electrical work, and plumbing, that disrupt six (6) square feet or less of painted 

surface per room for interior activities or twenty (20) square feet or less of painted surface for exterior 

activities where none of the work practices prohibited or restricted by 40 CFR Section 745.85(a)(3) are 

used and where the work does not involve window replacement or demolition of painted surface areas. 

When removing painted components, or portions of painted components, the entire surface area 

removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed 

in the same room within the same thirty (30) days must be considered the same job for the purpose of 

determining whether the job is a minor repair and maintenance activity. 

(r) "Person" means the state or other agency or institution thereof, any municipality, political 

subdivision, public or private corporation, individual, partnership, firm, association, independent 

contractor or other entity, and includes any officer or governing or managing body of any municipality, 

political subdivision, or public or private corporation, or the United States or any officer or employee 

thereof. 

(s) "Project designer" means an individual employed to prepare abatement project designs, occupant 

protection plans and abatement project reports. 

(t) "Renovation" means the modification of any existing structure, or portion thereof, that results in the 
(u) "Renovator" means an individual who either performs or directs or supervises workers who perform 

renovations. A "certified renovator' is a renovator who has successfully completed a renovator course 

accredited by EPA or an EPA-authorized state or tribal program, and has been certified to perform 

renovations in the State of Mississippi. 

(v) "Residential dwelling" means a detached single family dwelling unit, including attached structures 

such as porches and stoops or a single family dwelling unit in a structure that contains more than one (I) separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in 

whole or in part, as the home or residence of one or more persons. 

(w) "Risk assessment1' means an on-site investigation to determine the existence, nature, severity, and 

location of lead-based paint hazards and the provision of a report by the person conducting the risk 

assessment, explaining the results of the investigation and options for reducing lead-based paint 

hazards. 

(x) "Risk assessor" means an individual employed to conduct risk assessments and lead hazard screens, 

to prepare inspection reports and to collect samples for the presence of lead in dust and soil for the 

purposes of abatement and renovation clearance testing. 

(y) "Supervisor" means an individual designated by a contractor or certified firm to be responsible for 

the direction and conduct of lead-based paint abatement activities and to prepare occupant protection 

plans and abatement reports. 

(2) "Target housing," as this term refers to abatements, means any housing constructed before 1978, 

except housing for the elderly or persons with disabilities [unless any one or more children aged six (6) 

years or under resides or is expected to reside in that housing for the elderly or persons with disabilities] 

or any zero-bedroom dwelling. (aa) 'Target housing,' as this term refers to renovations, means any housing constructed before 1978, 

except housing for the elderly or persons with disabilities (unless any one or more children under the age 

of six (6) years resides or is expected to reside in that housing for the elderly or persons with disabilities) 

or any zero-bedroom dwelling. 

(bb) "Worker" means any individual who works on abatements or renovations. 

Sources: Laws, 1997, ch. 390, $ 3; Laws, 2009, ch. 427, 5 2, eff from and after passage (approved Mar. 

23,2009.) 
(a) To adopt, modifjl, repeal and promulgate, after due notice and hearing, and where not otherwise 

prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and 

to enforce rules and regulations implementing or effectuating the powers and duties of the commission 

under S,ec_tiu_n; 43-1 7:5-0 1 through 49- 17-5 31 ; 

(b) To issue, reissue, suspend, revoke or deny the issuance or reissuance of accreditation for lead-based 

paint activity training programs and to require the modification of those training programs; 

(c) To issue, reissue, suspend, revoke or deny the issuance or reissuance of certificates for risk assessors, 

project designers, supervisors, renovators, dust sampling technicians, inspectors and workers involved in 

lead-based paint activities; (d) To develop and require the use of work practice standards for lead-based paint activities and to 

monitor compliance with those work practice standards; 

(e) To establish pre-renovation information distribution requirements and monitor compliance with 

those requirements; 

(f) To enforce and assess penalties for violations of Sectioas-49- 173Q1 through 49,17-5 3 1; 

(g) To assess and collect fees for the accreditation of training programs, issuance and reissuance of 

certificates, and lead-based paint abatement and renovation projects; 

(h) To develop an examination and grading system for testing applicants to be administered by 

accredited training programs; 

(i) To establish requirements and procedures for the administration of a third-party certification 

examination; 

(j) To enter into reciprocal agreements for accreditation of training programs and certification of risk 

assessors, project designers, supervisors, renovators, dust sampling technicians, inspectors and workers with other states that have established accreditation and certification programs that meet or exceed the 

accreditation and certification requirements adopted under Sections 49117-50 1 through 49-17-531 ; 

(k) To apply for, receive and expend any contributions, gifts, devises, bequests or funds from any source 

relating to SecGons49- 17-504 through 49: 17-mi 

(I ) To enter into, and to authorize the executive director to execute with the approval of the commission, 

contracts, grants and cooperative agreements, except as limited under section 49-2-9, with any federal 

or state agency or subdivision thereof, any public or private institution, or any other person in 

connection with carrying out SecGons9- 12-20 1 through 49- 17-53 1; and 

(m) To discharge other duties, responsibilities and powers necessary to implement Sections 40- 17-501 

providing training equipment that reflects current work practices and maintaining or updating the 

equipment and facilities as needed. The training program shall offer courses which teach work practice 

standards for conducting lead-based paint activities as adopted by the United States Environmental 

Protection Agency or the commission under Sectigns 49- 17-50 1 through 49- 1 7-53 1. These standards 

shall be taught in the appropriate courses to provide trainees with the knowledge needed to perform the 

lead-based paint activities they are responsible for. The commission also may adopt accreditation 

requirements for training programs providing refresher training programs. 

(2) The commission shall adopt regulations establishing work practice standards for performing leadbased paint activities in target housing and child-occupied facilities. These standards may include 

appropriate documented methodologies, clearance levels and requirements for lead hazard screens, risk assessments, abatement activities, renovation activities, sample collection and analysis and record 

keeping. Beginning on August 3 1, 1998, all lead-based paint activities shall be performed in accordance 

with work practice standards adopted under Se_ctionss4?-17-5_01 through 49:17-52 1. The commission 

shall implement a compliance monitoring program to ensure compliance with the work practice 

standards. (3) The commission shall adopt regulations for certification of lead-based paint risk assessors, project 

designers, renovators, dust sampling technicians, supervisors, inspectors and workers. 

(4) Applicants for the issuance or reissuance of certificates required under Sectigns4&17--511 through 

49-1 7-519 shall submit to the commission, on forms prepared by the commission, an application. In 

addition, the applicant shall submit documentation deemed appropriate by the commission providing the 

educational background and demonstrating satisfactory completion of the applicable training programs and shall pay the applicable fee. 

(5) The commission shall require certificates issued under Sectbnz44- lI-ilJ through 49- 17-52 1 to be 

reissued annually. (6) Except as otherwise required by Sections @-17:jOl through 49-17-53 2, regulations adopted under 

Sections 29-17-50! through 49-L7:531 shall be no more stringent than federal regulations for lead-based 

paint activities. 

(7) Sec3ons @,1_730_1 through 49z17-531 do not apply to a person who is performing lead-based paint 

activities or abatement of lead-based paint hazards or renovation in a residential dwelling owned by that 

person, unless the residential dwelling is occupied by a person or persons other than the owner or 

owner's immediate family while these activities are being performed, or a child residing in the building 

has been identified as having an elevated blood lead level. 

(8) Sections49-17-3IJ through 49:17,53 1 do not apply to renovations in target housing for which the firm performing the renovation has obtained a statement signed by the owner that the renovation will 

occur in the owner's residence, no child under age six (6) resides there, no pregnant woman resides 

there, the housing is not a child-occupied facility, and the owner acknowledges that the renovation firm 

(2) To qualifL for a lead-based paint risk assessor certificate, an applicant shall: 

(a) (i) Be a registered professional engineer or a licensed architect; or 

(ii) Wave bachelor's degree in a profession related to engineering, health or environmental science and 

one (1) year of experience in a related field, as determined by the commission; or 

(iii) Have an associate's degree and two (2) years of experience in a related field, as determined by the 

commission; or 

(iv) Have a high school diploma or equivalent and three (3) years of experience in a related field, as 

determined by the commission; 

(b) Satisfactorily complete an accredited training program for lead-based paint risk assessors and leadbased paint inspectors; and 

(c) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of 

complying fully with all applicable federal and state laws and regulations. 

Sources: Laws, 1997, ch. 390, Ij 6, eff from and after July 1, 1997. 
(2) To qualify for a lead-based paint project designer certificate, an applicant shall: 

(a) (i) Be a registered professional engineer or a licensed architect; or 

(ii) Have bachelor's degree in engineering, architecture or a profession related to engineering or 

architecture and one (1) year of experience in building design or a related field, as determined by the 

commission; or 

(iii) Have an associate's degree and two (2) years of experience in building design or a related field, as 

determined by the commission; or 

(iv) Have a high school diploma or equivalent and three (3) years of experience in building design or a 

related field, as determined by the commission; 

(b) Satisfactorily complete an accredited training program for lead-based paint project designers and - - - 

lead-based paint supervisor; and (c) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of 

complying fully with all applicable federal and state laws and regulations. 

Sources: Laws, 1997, ch. 390, fj 7, eff from and after July 1, 1997. 
(2) To qualifi for a lead-based paint supervisor certificate, an applicant shall: 

(a) Have a high school diploma or its equivalent and one (1) year of experience as a certified lead-based 

paint abatement worker or two (2) years of experience in a related field, as determined by the 

commission or in the building trades; 

(b) Satisfactorily complete an accredited training program for lead-based paint supervisors; and 

(c) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of 

complying fully with all applicable federal and state laws and regulations. 

Sources: Laws, 1997, ch. 390, 8, eff ti-om and after July 1, 1997. 
(2) To qualify for a lead-based paint renovator certificate, an applicant shall: 

(a) Have a high school diploma or its equivalent and one (1) year of experience as a lead-based paint 

abatement or renovation worker or two (2) years of experience in a related field, as determined by the 

commission or in the building trades; 

(b) Satisfactorily complete an accredited training program for lead-based paint renovators; or 

(c) Have success~lly completed an accredited abatement worker or supervisor course, or have 

successfully completed an EPA, HUD or EPA/HUD model renovation training course and have taken an 

accredited refresher renovator training course; and 

(d) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of 

complying hlly with all applicable federal and state laws and regulations. 

Sources: Laws, 2009, ch. 427, tj 9, eff from and after passage (approved Mar. 23,2009.) 
(2) To qualify for a lead-based paint inspector certificate, an applicant shall: 

(a) Have a high school diploma or its equivalent; 

(b) Satisfactorily complete an accredited training program for lead-based paint inspectors; and 

(c) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of 

complying fully with all applicable federal and state laws and regulations. 

Sources: Laws, 1997, ch. 390, 9, eff from and after July 1, 1997. 
(2) To qualify for a lead-based paint dust sampling technician certificate, an applicant shall: 

(a) Have a high school diploma or its equivalent; 

(b) Satisfactorily complete an accredited training program for lead-based paint dust sampling 

technicians; or 

(c) Have successfully completed an accredited lead-based paint inspector or risk assessor course and 

have completed an accredited refresher dust sampling technician course; and 

(d) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of 

complying fully with all applicable federal and state laws and regulations. 

Sources: Laws, 2009, ch. 427, $ 10, eff from and after passage (approved Mar. 23,2009.) 
(2) After August 3 1, 1998, it is unlafil for a firm to employ a person as a worker on a lead-based paint 

abatement activity who does not possess a valid lead-based paint abatement worker certificate in 

accordance with this section. (3) To qualify for a lead-based paint abatement worker certificate an individual shall: 

(a) Satisfactorily complete an accredited training program for lead-based paint abatement workers; and 

(b) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of 

complying fully with all applicable federal and state laws and regulations. 

(4) Workers engaged in renovation activities are not required to possess certification. 

Sources: Laws, 1997, ch. 390, 9 10; Laws, 2009, ch. 427, 9 5, eff from and after passage (approved 

Mar. 23,2009.) 
Sections-49-17-501 through 49:17-531. Certificates issued prior to July 1, 2009, shall be valid only for 

abatements. Certificates issued after July 1, 2009, shall indicate whether the firm is certified for 

renovations or abatements; or certified for both renovations and abatements. 

(2) To qualify for a lead-based paint certified firm certificate, an applicant shall submit to the 

commission a letter attesting that the firm shall employ only appropriately certified employees to 

conduct lead-based paint activities and that the firm and its employees shall follow the work practice 

standards adopted under Secti~ns .CCk17-301 through 49-17-531 in conducting those activities. 

Applicant's letter submitted after July 1, 2009, shall indicate whether the applicant intends to perform 

renovations or abatements; or to perform both renovations and abatements. 

(3) Applicants for lead-based paint certified firm certificate shall pay the applicable fee. 

Sources: Laws, 1997, ch. 390, 5 11; Laws, 2009, ch. 427, 9 6, eff from and after passage (approved 

Mar. 23,2009.) 
application criteria established by Sections -gZ1 7-51)1 through 49-17,53 1 and by regulations 

promulgated by the commission; or (c) if the applicant fails to pay the applicable fee. 

Sources: Laws, 1997, ch. 390, S 12, eff from and after July 1, 1997. 
(b) Monies in the fund shall be utilized to pay reasonable direct and indirect costs associated with the 

administration, educational outreach and enforcement of the lead-based paint activity accreditation and 

certification program. 

(c) Expenditures may be made from the fund upon requisition by the executive director (d) The fund shall be treated as a special trust fund. Interest earned on the principal therein shall be 

credited by the Treasurer to the fund. (e) The fund may receive monies from any available public or private source, including, but not limited 

to, collection of fees, interest, grants, taxes, public and private donations, judicial actions and 

appropriated funds. 

(f) Monies in the fund at the end of the fiscal year shall be retained in the fund for use in the next 

succeeding fiscal year to be expended by appropriation approved by the Legislature. 

(2) (a) The commission shall set by order a schedule of fees for the accreditation of training programs, 

issuance and reissuance of certificates and lead-based paint abatement and renovation projects. The 

commission shall graduate fee levels to reflect the type of certificate and the size of the project, as the 

case may be. 

(b) All monies collected under this section shall be deposited into the fund. 

(c) The commission may delegate to the department responsibility for the collection of fees under this 

section. (d) Any person required to pay a fee under this section who disagrees with the calculation or 

applicability of the fee may petition the commission for a hearing in accordance with Section 49- 17-35, 

Mississippi Code of 1972. Any hearing shall be in accordance with the provisions of Section 49-17-33, 

Mississippi Code of 1972. 

(e) Fees collected under this section shall not supplant or reduce in any way the general fund 

appropriation to the department. 

Sources: Laws, 1997. ch. 390, 13; Laws, 2009, ch. 427, $ 7, eff from and after passage (approved 

Mar. 23, 2009.) 
p

y 

y 

g

40-17-501 through 49- 1 7-53 1_; (b) Fail or refuse to establish, maintain, provide, copy, or permit access to records or reports as required 

by Scctlons 49-17-501 through 49- 1 7-53 1 regulations adopted under Sectio_ns4')-J 7:S0_1 through 49- 17: 

531; 

(c) Fail or refuse to permit entry or inspection as required by Sections 7-50 1 through 49- l7:53 1 or 

regulations adopted under Sections 49: 1 7-50 1 through 49: 17-531; 

(d) Obtain certification through fraudulent representation; 

(e) Fail to obtain certification from the commission or the United States Environn~ental Protection 

Agency and perform work requiring certification at a job site; or 

(f) Fraudulently obtain certification and engage in any lead-based paint activities requiring certification. Sources: Laws, 1997, ch. 390, 9 14, eff from and after July 1, 1997. 
531 or any certificate or accreditation issued under Sections @J7-501 through 49-17-531 shall be 

subject to a civil penalty of not more than Twenty-five Thousand Dollars ($25,000.00) for each 

violation. The penalty may be assessed and levied by order of the commission after notice and hearing in 

accordance with subsection (5) of this section. In addition, the commission may issue a reprimand or a 

suspension or revocation of any certificate issued to the person under Sections 49-1 7-501 through 49- 

17-531. The reprimand, suspension or revocation may be assessed and levied by order of the 

commission after notice and hearing as provided in subsection (5) of this section. 

(2) In lieu of, or in addition to, the penalty provided for in subsection (1) of this section, the commission 

may institute and maintain in the name of the state any proceedings necessary to enforce SectionsA9-17- 

50_1_ through 49-1 7-53_1, rules and regulations adopted under Sectim~s 49-1 7-501 through 49-17-53 1, and 

orders and certificates issued under Sections 4'$-17:501 through 49-1 7,531 in the appropriate circuit, 

chancery, county or justice court of the county in which venue may lie. The commission may obtain 

mandatory or prohibitory injunctive relief, either temporary or permanent. and it shall not be necessary 

in those cases that the state plead or prove: (a) that irreparable damage would result if the injunction did 

not issue; (b) that there is no adequate remedy at law; or (c) that a written complaint or commission 

order has first been issued for the alleged violation. 

(3) Any person who knowingly submits false or inaccurate information in support of an application for 

issuance or reissuance of an accreditation or a certificate under SecAons 49-17-jQI through 49-U-53_1 

or who willfully fails to comply with the conditions of the accreditation or the certificate issued by the 

commission or who willfully violates Sections 49-17-311 through 49-1_7-L31, or any rule, regulation or 

written order of the commission or emergency order issued by the director in pursuance thereof, upon 

conviction, shall be guilty of a misdemeanor and fined not less than One Hundred Dollars ($100.00) 

within the discretion of the court. Each day in which that violation exists or continues shall constitute a 

separate offense. 

(4) In addition to or in lieu of filing a criminal complaint for the willful misconduct described in 

subsection (3) of this section, the commission may impose a civil penalty in accordance with subsection 

(l)(a) of this section, and shall impose a reprimand or a suspension or revocation of any certificate in 

accordance with subsection (l)(b) of this section. 

(5) All proceedings and hearings before the commission regarding violations of Sections 49-17-501 

through 49-17-53 or any rule or regulation, written order of the commission, emergency order of the 

director or certificate issued or reissued by the commission in pursuance thereof or any certificate issued 

under Sectbnsc):l7-501 through 49-L7-131 and all appeals therefrom shall be conducted in accordance 

with Secti0ns49~1_7-3 1 through 49-17-4l, Mississippi Code of 1972. 

(6) All fines, penalties and other sums recovered or collected by the commission for and on behalf of 

the state under this section shall be deposited in the Pollution Emergency Fund established under 

Section-49-17-68, Mississippi Code of 1972. 

requirements established by the commission for accreditation and certification in this state, 

Sources: Laws, 1997, ch. 390, $ 16; Laws, 2009, ch. 427, Ij 8, eff from and after passage (approved 

Mar. 23, 2009.) 
with the advice and consent of the Senate, for a term of seven (7) years. One (1) 

person shall be appointed from each congressional district as constituted 

January 1, 1978, and two (2) members shall be appointed from the state at 

large. The initial terms of the members From congressional districts shalI be for 

one (I), two (2), three (31, four (4) and five (5) years respectively, and the initial 

terms of the members from the state at large shall be one (1) for six (6) years 

and one (1) for seven (7) years. Thereafter, all terms shall be for seven (7) years. 

The members serving on the predecessor Commission on Natural Resources on 

June 30, 1989, shall continue to serve as members of the successor Commission 

on Environmental Quality until the expiration of the term of their appointment to the predecessor commission. 

(2) The commission shall elect from its membership a chairman who shall 

preside over meetinga and a vice chairman who shall preside in the absence of 

the chairman or when the chairman shall be excused. 

(3) The commisaion shall adopt rules and regulations governing times and 

places for meetings, and governing the manner of conducting its business. 

Each member of the commission shall take the oath prescribed by Section 268 

of the Constitution and shall enter into bond in the amount ofThirty Thousand 

Dollars ($30,000.00) to be approved by the Secretary of State, conditioned 

according to law and payable to the State of Mississippi before assuming the 

dutiee of office. Any member who shall not attend three (3) consecutive regular 

meeting8 of the commission shall be subject to removal by a majority vote of 

the commission members. 

(4) The membera of the commission shall receive no annual salary, but 

shall receive per diem compensation as authorized by law for each day devoted 

to the discharge of official duties, and shall be entitled to reimbursement for all 

actual and necessary expenses incurred in the discharge of their duties, 

including mileage as authorized by law. 

The commission shall be composed of persons with extensive knowledge of 

, or practical experience in at least one (1) of the matters of jurisdiction of the 

commission. 

(6) The commission is authorized and empowered to use and expend any 

. funds received by it from any source for the purposes of this chapter. Such 

funds shall be expended in accordance with the statutes governing the 

expenditure of state funds. 

SOURCES: Lawq 1978, ch. 484, O 3; Laws, 1980, ch 660, P 22; Laws, 1989, ch. 34.4, 

9 130, eft from and after July 1, 1989. 

Croeo References - Selection of site for cornmerciai hazardous waste management 

facility, see $4 17- 18- 1 et seq. 
tion Act, see 4 49-31-11. 

Promulgation of rules and regulations by commission on environmental quality for 

administration of Surface Coal Mining and Reclamation Law, see 8 53-9-11. 

JUDICIAL DECISIONS 

1. In general. 

The Mississippi Commission on Environmental Quality (Commission) acted arbitrarily and capriciously, and in conflict 

with the moratorium statute (4 17-17-59), 

in deciding that it had no jurisdiction 

pertaining to the issuance, modification, 

revocation or transfer of a non-hazardous 

solid waste disposal permit while also 

holding that it did have jurisdiction over 

the parties and subject matter concerning 

Commission rules and regulations requiring the contract operator of the solid 

waste facility to hold a permit; these 2 

determinations were totally inconsistent 

in view of the process in which jg 49-2-1 

et seq. arid 49-17-1 et seq. determine the hierarchy and method in which the Commission and the Mississippi Environmental Quality Permit Board are to govern, 

and 48 17-17-1 et seq, clearly delegated 

authority to the Commission to enact sufficient rules and regulations to both define 

"tracsfer" and sufficiently carry out the 

process as a matter of important public 

policy. Mississippi Dep't of Envtl. Quality 

v. Weeme, 663 So. 2d 266 (Miss. 1996). 

4 49-2-6. Mississippi Commiaeion on Environmental Quality 

assuming powers and duties of Mississippi Commission on 

Natural Resources, The Mississippi Commission on Environmental Quality shall be the 

Miseissippi Commission on Natural Resources with the exception of the 

Bureau of Parks and Recreation, and shall retain all powers and duties 

granted by law to the Mississippi Commission on Natural Resources with the 

exception of the Division of Parks and Recreation, and wherever the term 

"Mississippi Commission on Natural Resourcesn appears in any law the same 

shall mean the Mississippi Commission on Environmental Quality. 

SOURCES Laws, 1989, ch. 544,!4 129, eff from and after July 1, 1989. 

Cross Reference0 - General provisions regarding the reorganization of the 

executive branch of government, see 7-17-1 et seq. 

JUDICIAL DECISIONS 

1. In general. in deciding that it had no jurisdiction 

The Mississippi Commission on Envi- pertaining to the issuance, modification, 

ronmental Quality (Commission) acted nr- revocation or transfer of a non-hazardous 

bitrarily and capriciously, and in conflict solid waste disposal permit while also 

with the moratorium gtatute (5 17-17-59), holding that it did have jurisdiction over 
q, 

q

hierarchy and method in which the Commission and the Mississippi Environmen

p

y

pp

p

Q

y v. Weems, 653 So. 2d 266 rhIiss. 1995). 

$ 49-2-7. Department of Environmental Quality assuming 

powers and duties of Department of Natural Resources; 

organization of depertment; duties, 

The Department of Environmental Quality shall be the bIississippi 

Department of Natural Resources with the exception of the Office of Parks and 

Recreation, md shall retain all powers and duties granted by law to the 

Mississippi Department of Natural Resources with the exception of the Office 

of Parks and Recreation, and wherever the term "Mississippi Department of 

Natural Resourcesn appears in any law the same shall mean the Department 

of Environmental Quality. 'fie Executive Director of the Department of 

Environmental Quality may assign to the appropriate ofices any powers and 

duties deemed appropriate to carry out the lawful duties of the department. 

'fie department shall be composed of the following offices: 

(a) Office of Geology and Energy Resources; 

(b) Office of Land and Water Resources; and 

(c) Office of Pollution Control. 

Each office shall be composed of the administrative units set forth in the 

consolidation plan adopted by the commission, subject to changes by the 

executive director, with approval of the commission, as hereinafter set forth. 

The department is designated as the single state department to receive 

and expend any federal funds being received or expended by any agency 

transferred to the department by Chapter 484, Laws of 1975, and to receive 

and expend any federal hnds made availnble for matters within the jurisdiction of the department. 

'The department shall be responsible for conserving, managing, developing 

and protecting the natural resources of the State of Mississippi within the 

jurisdiction of the department, with the exception of functions of the Office of 

, Recreation and Parks. The department shall coordinate all functions of state 

government related to natural resources within the jurisdiction of the department. The department shall not exercise any of its authority or powers granted 

under the provisions of this section in a manner which would be inconsistent 

with the provisions of Section 29-1-1. 

SOURCES: Laws, 1978, ch. i84, 3 5; Laws, 1089, ch. 544, 5 132; Luwq 1090, ch. 

522, 9 28; Law*, 1993, ch. 615, 9 4, eff from and after July 1, 1993. 

Editor's Note - For 3 complete distribution of sections afrected by Chapter 484, 

L~ws of L978, see Allocation of Acts Table in Statutory 'fables Volume. 
4 29

7

3. 

Powere and duties of department with respect to bonds issued by the Mississippi 

Development Bank, see 8 31-26-103. 

Qualifications for positions of diredors of Bureaus of Geology and Energy Resourcrs, 

Land and Water Resourcee, and Pollution Control, see 8 49-2-16. 

Designation of Department of Environmental Quality aa primary state agency in 

entering agreements with National Spece Technology Laboratories, see 4 49-2-23. 

Procedures for publication, adoption, amendment or repeal of rules and regulations 

necessary to implement any law administered by the department of Environmental 

Quality, see 8 49-17-25. 

Water Pollution Control Revolving Fund, see 89 49-17-81 et seq. 

Duties and powere of bureau of land and water resources in aeaisting waterway, river 

basin and watershed authorities and districts, see 3 61-3-16. 

Provision authorizing the 'Ibmigbee River Valley Water Management District to 

transfer title to Trace State Park in Pontotoc County ta the Department of Environmental Quality, see 4 61-13-111. 

Adminiatration of Surface Coal Mining and Reclamation Law by department of 

environmental aualitv. see 4 63-9-9, 

Use of pesticide registration fees by Diviaion of Plant Industry of Department of 

Agriculture and Commerce and Department of Environmental Quality to carry out 

program of protecting underground water resources from peaticidea, see (5 69-23-7. 

Use of fertilizer registration fees by Division of Plant Industry of Department of 

Agriculture and Commerce and Department of Environmental Quality to carry out 

program of protecting underground water remurcee from fertilizers, see 8 76-47-7. 

JCmICLAL DECISIONS 

1. In general, 

The Mississippi Commission on Environmental Quality (Commission) acted arbitrarily and capriciously, and in conflict 

with the moratorium statute (5 17-17-69), 

in deciding that it had no jurisdiction 

pertaining to the issuance, modjfication, 

revocation or transfer of a non-hazardous 

solid waste disposal permit while ale0 

holding that it did have jurisdiction over 

the partiee and subject matter concerning 

Commission rules and regulations requiring the contract operator of the solid 

waste fucility to hold a permit; these 2 

detednatione were totally inconaistent 

in view of the process in which $9 49-2-1 

et seq. and 49-17-1 et seq. determine the 

hierarchy and method in which the Commission and the Mississippi Envimnmentai Quality Permit Board are to govern, 

and 99 17-17-1 et seq, clearly delegated 

authority to the Commission to enact adficient rules and regulations to both define 

"transfer* and sufficiently carry out the 

process as a matter of important public 

policy. Mississippi Dep't of Envtl. Quality 

v. Weems, 663 So. 2d 266 (Miss. 1996). 
authority for the purchaiw of motor vehicler 

by eta& tiepartmen& inetitutio~, or agencies 

a

u

co

t

tut

o

a

. 

e

a

de

v S

ate (

983, 

LM~) 441 So 2d 1329. 

49-17-13. [Codes, 1942, 3 710f3-131; Laws, 1968, ch. 258, 211 Am Laws, 

1972, ch. 505, 5 17) Repealed by Laws, 1978, ch. 484, 9 57, eff from and 

after July 1, 1979. 

Editor'. NobFormer 3 49-17-16 related to the oath and bond of the executive secretary of the Air and 

Water Pollution &ntrol Cornmiseion. 

§ 49-17-17. Powers and duties. 

The commission shall have and may exercise the following powers and 

dutiea: 

(a) General supervision of the administration and enforcement of sections 49-17-1 through 49-17-43 and sections 17-17-1 through 17- 

1747, and all rulea and regulations and orders promulgated thereunder; 

(b) To develop comprehensive programs for the prevention, control and 

abatement of new or existing pollution of the air and waters of the 

stab; 

(c) To advise, consult, cooperate, or enter into contracts, grants and 

cooperative agreements with any federal or state agency or subdivision thereof, other states and interstate agencies, or any public or 

private institution located inside or outside the State of Mississippi, 

and with atfected groups, political subdivisions, and industries in 

furtherance of carrying out the provisions of sections 49-17-1 

through 49-17-43 and shall have the authority to enter into 

compacta with any other state or states for the purpose of achieving the objectives of such sections with respect to air and waters, or 

to authorize the executive director with the approval of the commission to exercise any of the aforementioned powers; 

(d) To administer funds allocated to the state's water and air pollution 

abatement grant program, to accept and administer loans and 

grants from the federal government and from other sources, public 

or private, for carrying out any of its functions, which loans and 

grants shall not be expended for other than the purposes for which 

provided; 

(el To encourage, participate in, or conduct studies, investigations, 

research and demonstrations relating to air and water quality and 

220 
the preparation of project planning reports and feasibility analyses; 

and to exercise such supervision as it may deem advisable and. 

necessary for the discharge of its duties under sections 49-17-1 

through 49-17-43; 

(0 To require the repayment of funda made available to a political 

subdivision under subsection (el above to the water pollution abatement grant fund prior to the receipt of any other funda by any 

political subdivision providing services to the area and receiving 

funds provided under sections 49-17-1 through 49-17-43; any 

funda made available to any political subdivisions providing services to the area and receiving fun& under the provisions of said 

sectiom shall be repaid in the same manner m are other funda 

made available to the political subdiviaiotm under the provisions of 

said sections; 

(g) To collect and disseminate information relating to air and water 

quality and pollution and the prevention, control, supervision and 

abatement thereof; 

(h) To adopt, modify or repeal and promulgate ambient air and water 

quality standards and emissions standards for the state under such 

conditions as the commission may prescribe for the prevention, 

control and abatement of pollution; 

(i) To adopt, modify, repeal, and promulgate, after due notice and 

hearing, and, where not otherwise prohibited by federal or state 

law, to make exceptions to and grant exemption8 and variances 

from, and to enforce rules and regulations implementing or effectuating the powem and dutiea of the commission under sectiona 49- 

17-1 through 49-17-43 and sectione 17-17-1 through 17-17-47, and 

aa the commission may deem neeweary ta prevent, control and 

abate existing or potential pollution; 

(j) To ieaue, modify, or revoke orders (1) prohibiting, controlling or 

abating discharges of contaminants and waetes into the air and 

watem of the state; (2) requiring the construction of new disposal 

system, or aircleaning devices, or any parts thereof or the modscation, extension or alteration of existing disposal systems, or aircleaning devices, or any parta thereof, or the adoption of other 

remedial meaaurea to prevent, control or--abate air and water 

pollution; and (3) setting standards of air or water quality or 

evidencing any other determination by the commiseion under 

sections 49-17-1 through 49-17-43; 
p

y

tem, or aircleaning devices, or any part thereof, in connection 

with the issuance of such permits or approval as are required by 

sections 49-17-1 through 49-37- 

(m) To requint proper maintenance and operation of dispoaai systems, or 

&-cleaning devices; and to require the installatiou and operation 

of monitoring devices or rnethda w may be deemed necessary and 

the maintenance and submiaeion of monitoring and operating 

records as may be prescribed; 

(n) To exercise all incidental powem necessary to carry out the purpoaes 

of seetiom 49-17-1 through 49-17-43 and sectioa 17-17-1 through 

17-17-47; and 

(01 To delegate in such manner & it sea fit the dutia and powers 

relating to air and water quality and pollution control to the 

agency members presently engaged in the several 0elda of water or 

air control or pollution. In cam^ of difference of opinion between 

such agenciea w to their respective deld of operation, the commiasion shall delegate said responsibility to the proper agency, and the commiaaion's action therein shall be Bnal. 

Nothing contained in this law shall be deemed to grant to the commiaaion 

any jurisdiction or authority ta make any rule or regofation, recommendation or determination or to enter any order with respect to air conditions 

exir,ting solely within the property boundaria of commercial and industrial 

plants, works, or shops or to affect the relatiom between employers and 

employees with respect to or arising out of any air condition. 

SOURCES Cod* 194% f 71061181 krr, 1968, ch. 258, f B) 1871, cb. 468. f 3 1872, ch. SO& 

g & lB77, ch. 327, f l 1901, ch. 528, j 1% 1981, ch. 411,f & ed &om and dtm pauago (apprord Mwh 24 1982). 

Edltar'. Noh 

Section 4817-5 provider that tho word "commiuron", for purpollsr of $1) 4917-1 thmugh 49 

17-45, mew tho Misaisrippl CornmkRfan on NatumI Rarourcm actiq thmugh tho Bureau of 

Pollution Control of the Department of Natural Remurear Section 4917-7 prwidw that the 

woda "1CllsrirrippI Ah and Wrbr Pollution Control Comddon" aherwcn they may appear in 

tho law'of tho Stab of MiuhipPf shd k conetrued t~ mean tho Mfrderippi Cammiuion on 

Natural Reclaurcsr, Won 49-26. however, providar thnt the term "MIsrMppi Caeon on Nahual Ruwud' shaU mean tho Mlsrtuippi Comddoa on Envimnmentd Qunlity whop ever it may appeu in tho lam of the Stat. of MbrkrippL Crou mferencscRaportr portalning to watrn containing racirorctive mrrbdalr, mo f 48-14-39. Injunctive relief in cassr of imminent and suhtmtW hazud or eadaagennent, seo 1) 49-17- 

43. 

Dhburwment of 10- made under wator pollution abatement grant program, ecn f 49-17-63. Application of thia doa to tho levy and ~mont of penalties for a vfolatlon of the 

underground storage tank act, see Q 4417-437. 

222 
(water pollution and Bewsga dinpmd2, 31 et wq. Imultiple enviromnental threau from single 

source). 

1978 Mhiarippi Supreme Court Raviea: To*. j0 Misr L J 137, March 1979. 

~otrtioValidity of state and local air pollution adminietrative rulm. 74 -4th 566. 

Construction and application of 34 101-105 of National Environmental Poiicy Act of 1969 (12 

USCS 38 4331-4335) requiring all federal agencies to consider environmenrai factors in their 

planning and deciion making. 17 ALR Fed 33. 

Citiznn'r action against Adminiatrator of Environmental Prote~zion Agency to compl perfor. 

mance of nondiscretionary duty uder 8 SOS(ak3) of Federal Watsr Pollution Control Act 

Amendmenti of 1972 133 USCS 8 1365(ak2)). 57 ALR Fed 851. 

JUDICIAL DECISIONS 

Where an operator of a poultry procesdng 

plant maintaiaed a wmt6 syatam preventing 

discharge into stab watera but aeepage and 

intermittent overf3ow into a natural dry creek 

bed occurred particularly abr a rainfall of 

disaster proportiom the cornmiasion had the 

authority to indulge the operator with a tolerance permit for such tima M war reasonably 

necessary to either treat the was- water in the manner required or to remedy tile situation where rainfall cad temporary dis- charge of wsaw watar; and the cornmiserion should have done so, despita the fact that the operabr waa a new industry and the commb sion could not ordinarily hue tolerance permit to a new plant since it had not been pmviouly polluting state webra. MFC %r- vicar (AAL) Corp. v Mississippi Air & Watdr Pollution Control Com. (1974, Miss) 293 So 2d 16. 

$49-17-19. Standards of air and water quality. 

(a) In order to carry out the purposes of Sections 49-17-1 through 49-17-43, 

the commission may set ambient standards of air and water quality for the state or portions thereof. Such ambient standards of quality shall be such as 

to protect the public health and welfare and the present and prospective 

future use of such air and of such watsn for public water supplies, 

propagation of fish and aquatic life and wildlife, recreational purposes, and 

agricultural, industrial and other legitimate uses. Such ambient standards 

may be amended from time to time as determined to be necessary by the 

commission. In order to cany out the purposes of Sections 49-17-1 through 

49-17-43, the commission may also set emission standards for the purpose of 

controlling air contamination, air pollution and the sources thereof. In 

establishing ambient air quality standards for odor, the commission shall 

adopt recognized objective standards if they exist. In the absence of a 

recognized objective ambient air quality standard for odor, the commission 

may adopt such subjective standards as may be appropriate. 

In establishing such standards relating to pesticides and commercial 

fertilizers for underground water, the commission shall adopt federal standards if they exist. If no federal standard exists, the commission shall 

petition the U.S. Environmental Protection Agency to establish a federal 

223 
(b) 

o adopt, 

od

y, 

epea

, a

d p

o

u

gate, a

te

due 

ot

ce a

d 

hearing, and where not otherwise prohibited by federal or state law, to make 

exceptions to and grant exemptions and variances from, and to enforce wles 

and regulations implementing or effectuating the powers and duties of the 

commission under any and all statutes within the commission's jurisdiction, 

and as the commission may deem necessary to prevent, control and abate 

existing or potential pollution; 

(c) To apply for, receive and expend any federal or state hds or 

contributions, gifts, devises, bequests or funde from any other source; 

(d) 'lb commission or conduct studies designed to determine alternative 

methods of managing or using the natural resources of this state, in a 

manner to insure efficiency and maximum productivity; 

(e) To enter into, and to authorize the executive director to execute with 

the approval of the commission, contracta, granta and cooperative agreements with any federal or state agency or subdivieion thereof, or any public 

or private institution located inside or outside the State of Mississippi, or 

any person, corporation or association in connection with carrying out the 

provisions of this chapter; but this authority under this chapter and under 

any and dl statutes within the commission's jurisdiction, except those 

statutes relating to the Bureau of Recreation and Parks, shall not include 

contracts, granb or cooperative agreements which do not develop data or 

information usable by the commission, or which provide gwds, services or 

facilities to the commiseion or any of ita bureaus, and shall exclude any 

monies for special interest groups for purposes of lobbying or otherwise 

promoting their special interests; and 

(f) To discharge such other duties, responsibilities and powers as are 

necessary to implement the provisions of this chapter. 

(2) The Mississippi Department of Environmental Quality, Office of 

Geology and Energy Resources shall be responsible for program management, 

procurement, development and maintenance of the Mississippi Digital Earth 

Model, which should include the following seven (7) core data layers of a digital 

a land base computer model of the State of Mississippi: 

. (a) Geodetic control; 

(b) Elevation and bathymetry; (c) Orthoimagery; (dl Hydrography; 

(e) Transportation; 

(0 Government boundaries; and (g) Cadastral. With respect to the cadastral layer, the authority and 

responsibility of the Mississippi Department of Environmental Quality, 
state and local governmental entities. 

SOURCES: Laws, 1978, ch. W, 4 6; Lawa, 1982, ch. 411,i 6; Laws, 2003, ch. 627, 

4 3, eff from and after July 1,2003, 

Editor's Note - The *counciln referred to in the last paragraph of (2) ie the 

Mississippi Council for Remote Sensing and Geographic Information Systems described 

in 9 26-58-21. 

Amendment Notes - The 2003 amendment added (2). 

Crora References - Administration and enforcement of the Solid Wastes Disposal 

Law of 1974, see 84 17-17-2, 17-17-27. 

Promulgation of rules and regufationa as to standards for production, allowable uses 

and application rates of compost, see 5 17-17-213. 

Regulation by commission of disposition of compost not conforming to regulations of 

commission, see 9 17-17-215. 

Powers and duties of commiseion as to Environmental Protection Trust Fund, see 

# 17-17-217. 

Development of criteria for evaluation of local nonhazardous solid waste manage 

ment olans. see 5 17-17-225. 

Rdew &d abprovol of local nonhazardous solid waste management plane, see 

g 17-17-227. 

ption of criteria and standards for location and permitting of nonhazardous solid 

management facilitiea, see 17-17-229. 

ption of rules and regulations governing municipal solid waste landfiila, see Q 17-17-231. 

Approval of proof of financial responsibility offered by ownera or operators of sanitary 

landfills, see 8 17-17-236. 

Power of the commission to promulgate rules, etc. pertaining to the Municipel and 

Domestic Water and Wastewater System Operator's Certification Act of 1986, aes Q 21-27-207. 

Mississippi Coordinating Councd for Remote Sensing and Geographic Information 

Systems established, see 5 25-58-21. 

Brownfield agreements, authority to promulgate regulations, see 9 49-35-21. 

JUDICIAL DECISIONS 

1. In general. 

The Mississippi Commission on Environmental Quality (Commission) acted arbitrarily and capriciously, and in conflict 

with the moratorium statute i5 17-17-59), 

b deciding that it had no jurisdiction 

Pertaining to the issuance, modification, 

revocation or transfer of' a non-hazardous 

solid waste disposal permit while also 

holding that it did have jurisdiction over 

the Parties find subject matter concerning 

Commission rules and regulations requiring the contract operator of the solid 

waste facility to hold a permit; these 2 

determinations were totally inconsietent in view of the process in which $5 49-2-1 

et seq. and 49-17-1 et seq. determine the 

hierarchy and method in which the Cornmission and the Mississippi Envimnmenta1 Quality Permit Board are to govern, 

and 59 17-17-1 et seq. clearly delegated 

authority to the Commission to enact auf- 
1365(aKl) for violation of effluent standards or limitations under Federal Water 

Pollution Control Act (33 USCS j$ 1251 

et ~eq.) ororders with respect thereto. 68 

A.L.R. Fed. 701. 

Environmental protection agency's classifications of air quality control regions 

under 8 107(d)(2) of Clean Air Act (42 

USCS 4 7407(d)(2)). 75 A.L.R. Fed. 328. 

g

p

q

p

environmental threats from single 

cource). 

CJ9, 93 C.J.S., Waters §P 93-97. 

Law Reviews, 1978 Mississippi Supreme Court Review: Torts. 50 Miss. L. J. 

137, March 1979. 

5 49-17-21. Inspections and investigations acceee to and 

maintenance of records; testing and sampling; monitoring 

equipement. 

(a) The commission or its duly authorized representative shall have the 

power to enter at reasonable times upon any private or public property, and the 

owner, managing agent or occupant of any such property shall permit such 

entry for the purpose of inspecting and investigating conditions relating to 

pollution or the possible pollution of any air or waters of the state and to have 

access to such records as the commission may require under subsection (b) of 

this section. 

tb) The commission may require the maintenance of records relating to 

the operation of air contamination sources or water disposal systems, and any 

authorized representative of the commission may examine and copy any such 

records or memoranda pertaining to the operation of such air contamination 

Yource or water disposal system. The records shall contain such information as 

the commission may require. Copies of such records shall be submitted to the 

commission upon request. 

(c) The commission may conduct, authorize or require tests and take 

samples of air contaminants or waste waters, fuel, process material or other 

material which affects or may affect (1) emission of air contaminants from any 

source, or (2) waste water disposal systems. Upon request of the commission, 

the person responsible for the source to be tested shall provide necessarp 

rampling ports in stacks or ducts and such other safe and proper sampling and 

testing facilities as may be necessary for proper determination of the emission 

of air contaminants. If an authorized employee of the commission during the 

course of any inspection obtains a sample of air contaminant, fuel, procea 

material or other inaterial, he shall give the owner or operator of the 

equipment or fuel facility a receipt for the sample obtained. 

(dl The commission may require the installation, maintenance and use of 

such monitoring equipment and methods at such locations and intervals as the 

commission deems necessary. 
RESEARCH REFERENCES 

ALR. Pollution control: validity and Am Jur. 61B Am. Jur. 2d, Pollution 

construction of statutes, ordinances, or Control $ 4. 

regulations coutrolling discharge of iadus- 61C Am. JUT. 2d, Pollution Control 

trial wastes into sewer systems. 47 $g 2002, 2003. 

A.L.R.3d 1224. CJS. 93 C.J.S., Waters 89 93-97. 

49-17-22. Enforcement powers of Commission on Marine 

Resources; cooperation with commission or environmental 

quality. 

The Commission on Marine Resources is hereby authorized to cooperate 

with the Commission on Environmental Quality for the enforcement of the 

provisions of Sections 49- 17- 1 through 49-17-43 in and on the salt waters of the 

State of Mississippi. 

SOURCES: Codes, 1942, (J 7106-118 (last '3); Laws, 1972, ch. 506, (1 & Laws, 1994, 

ch. 878, 8 59, efi from and after July 1, 1994. 

Cross Referencea - Coastal Wetlands Protection Law, see $9 49-27-1 et seq. 

# 49-17-23. Record of minutes, rules, regulations and orders; 

annual publication, available to public; copies; index. 

The commission shall keep the minutes of the commission, including all 

orders, rules and regulations promulgated, in a record book, or books, especially prepared for that purpose. 

All minutes of commission meetings and hearings, and all rules, regulations, and orders made by the commission shall be in writing and shall be filed 

in full by the commission in a book for such purposes, to be kept by the 

comniission which shall be a public record and open to inspection by the public 

at all times during all reasonable hours. The comntission shall compile and 

publish annually the rules and regulations promulgated by the commission in 

current consolidated version. The commission shall provide the consolidated 

compilation of the rules and regulations to the public for a cost sufficient to 

cover printing and postage and administrative expenses, including the cost of 

any contractual services necessary to compile and publish such rules and 

ragu1ation.s on :tn nnntial basis. Acopy of any rule, minutes, regulation or order 

certified by the co~nmission shall be received in evidence in all courts of this 
on fees if the Advisory Council fails to submit its report in a timely 

manner. The order of the commission may be appealed in the manner set 

forth in Section 49-17-41. The determination of the fee shall be by order of 

the commission and shall not be considered the promulgation of a 

regulation by the commission. The record of the public hearing shall be 

included in the record upon which the order is based and shall become a part of the appellate records for all appeals taken from the order of the 

commission establishing or modifying Title V permit fees. Any undisputed 

amount due from an appellant must be paid according to the appellant'e 

payment schedule during the pendency of the appeal. 

(4) Any person required to pay the Title V permit fee set forth under this 

chapter who disagrees with the calculation or applicability of the pereon's fee 

may petition the commission in writing for a hearing in accordance with 

Section 49-17-35. Such hearing shall be in accordance with Section 49-17-33. 

Any disputed portion of the fee for which a hearing has been requested will not 

incur any penalty or interest from and after the receipt by the commission of 

the hearing petition. The decision of the commission may be appealed in the 

nner set forth in Section 49-17-41. 

(5) All fees collected pursuant to this section shall be deposited into the 

r Operating Permit Program Fee lhst Fund" established in Section 

49-17-14. 

SOURCES: Laws, 1993, ch. 611,9 3, eff from and after passage (approved April 

16, 1993). 

Crose References - Title V program defined, see 8 49-17-14. Expenses for Advisory Council created to conduct study as to costs and development 

of Title V, Clean Air Act, program, to be paid from fees collected in accordance with this section, see 3 49-17-16. 

9 49- 17-31, Proceedings before commission. 

(a) Whenever the commission or an employee thereof has reason to 

believe that a violation of any provision of Sections 49-17-1 through 49-17-43 

or sections 17-17-1 through 17-17-47 or a regulation or of any order of the 

commission or of any limitation or condition of a valid permit has occurred, the 

commission may cause a written complaint to be served upon the alleged 

violator or violators. The complaint shall specify the provisions of said sections 

or regulation or order or permit alleged to be violated and the facts alleged to 

constitute 3 violation thereof, and shall require that the alleged violator 
findings of fact and concluviona of law and enter such order as in its opinion 

will best further the purposes of Sections 49-17-1 through 49-17-43 and 

Sections 17- 17-1 through 17-17-47, and shall give written notice of such order 

to the alleged violator and to such other persons as shall have appeared at the 

hearing or made written request for notice of the order, and the commission 

may assess such penalties RS hereinafter provided. 

(c) Except as othenvise expressly provided, any notice, or other instrument issued by or under authority of the commission may be served on any 

person affected thereby personally or by publication, and proof of such service 

may be made in like manner as in case of service of a summons in a civil action, 

such proof to be filed in the office of the commission; or such service may be 

made by mailing a copy of the notice, order, or other instrument by certified 

mail, directed to the person affected at his last known post-office address as 

shown by the files or records of the commission, and proof thereof may be made by the afidavit of the person who did the mailing, filed in the office of the 

commission. 

SOURCES: Codes, 1942,s 7106-120; Laws, 1968, ch. 268, 3 1% Laws, 1972, ch. 

506,6 8; Lawe, 1977, ch. 327, B 8; Lawe, 1981, ch. 628,4 16; Law% 1987, ch. 

332, (1 4, eff from and after *July 1,1907. 

Editor's Note - Section 49-2-6 provides that wherever the term "Mississippi 

Conunission on Natural Hesources" appears in any law the same shall mean the 

Mississippi Commission on Erwironmental Quality. 

Section 49-17-5 provides that the word "commission", for purposes of 94 49-17-1 

through 49-17-13, means the Mississippi Commission on Natural Resources acting 

through the Bureau of Pollution Control of the Department of Natural Resources. 

Section 49-17-7 provides that the words "h.Iississippi Air and Water Pollution Control 

Commission" wherever they may nppenr in the laws of the State of Mississippi shall be 

construed to mefin the Mississippi Commission on Natural Resources. Section 49-2-6, 

however, provides that the term "bIississippi Commission on Natural Resources" shall 

menn the Mississippi Commission on Environmental Quality wherever it may appear 

in the laws of the State of Mississippi. 

Cross References - Application of this section to hearings before Commission on 

Environtnental Quality on solid waste disposal matters, see 4 17-17-43. 

. Application of this section to proceedings before Commission on Environmental 

Quality for violations of provisions governing mineral leases, exploration or testing on 

state lands, see 5 29-7-17. 

Appeal from decision of Cornnlission on Environmental Quality under Asbestos 

Abatement Accreditntio~~ and Certification Act, see 9 37-138-27, 

Application of this section to proceedings before the commission on violations of the 

underground Ytorage tank act of 1988, see 8 49-17-427. 

Hearings before the Commission on Environmental Quality relative to water resource r~gulation, ree 49 51-3-51 and 51-31-55, 
O 49-17-32, Collection of fees. 

(1) The commission may delegate to the Department of Environmental 

Quality the responsibility for the collection of the Title V program fees. 

(2) The air operating permit fee shall be due September 1 of each year. 

Any facility which proposes to use actual emissions as the basis for the fee 

calculation shall submit by July 1 of each year an inventory of emissions for the 

previous calendar year. For facilities using actual emissions as the basis of the 

fee, the fee shall be calculated based upon emissions during the previous 

calendar year. For facilities using allowable emissions as the basis for thq fee, 

the fee shall be calculated based upon the allowable emissions contained in the 

permit on the date of the invoice. A permit holder may elect a quarterly 

payment method of four (4) equal payrnenta with the payments due September 

1, December 1, March 1, and June 1, The permit holder shall notify the 

Department of Environmental Quality that the quarterly payment method will 

be used by September 1. 

(3) If any part of the air operating permit fee imposed is not paid within 

rty (30) days after the due date, a penalty of ten percent (10%) of the amount 

e shall at once accrue and be added thereto, unless the permittee demonstrates to the commission that the failure to make timely payment waa 

unavoidable due to financial hardship or otherwise beyond the permittee's 

control. If the fee is not paid in full, including any penalty within sixty (60) 

days of the due date, the Environmental Quality Permit Board may revoke the 

permit upon proper notice and hearing as required by law. Any penalty 

collected under this section shall be deposited into the "Air Operating Permit 

Program Fee 'Prust Fund." 

(4) It is the intent of the Legislature that fees collected pursuant to 

Sections 49-17-1 through 49-17-45 shall not supplant or reduce in any way the 

General Fund appropriation to the Department of Environmental Quality. 

SOURCES: Laws, 1993, ch. 811, iS 4; Laws, 1996, ch. 510,P 1, eff Prom and after 

passage (approved March 29, 1995). 

Crose References - Title V program defined; Air Operating Permit Program Fee 

Trust Fund, see !$ 49-17-14. 

3 49-17-33. Hearings. 

The hearings herein provided may be conducted by the commission itself 

at a regular or special meeting of the com~niusion, or the commission may 
g 

p

p

y 

g 

which he haa conducted for the cornmisaion. Such record shall be submitted 

to the commission along with that hearing ofllcer's findings of fact and recommended decision. Upon receipt and review of the record of the hearing 

and the hearing officer's hdinga of fact and rwommended decision, the 

commission shall thereupon render ite 6nal decision in the matter. Any 

person ordered to appear for an Meged violation shall have the right to 

requ& a hearing before a majority of the commission if he prefers and such 

8 hearing may then be set for the ne&-regular meeting of the full 

commission, or specially. A verbatim word orthe 'proceedings of such hearings shd be taken and fled with the cornminaion, together with Bndingrr of fact and conciusiona of Iaw made by the cornmission. Witnesses 

who are subpoenaed shall receive the same feea and mileage an in civil 

actions. In case of cpll turnam or re- to obev a notice of hearing or 

subpoena issued under thin section. the &wit court shall have iurisdfctioa 

upon application of the commission or its ta order . 

requiring ma- amear nnA aa the cq may requirs and -ch order of the court may2be 

punuh~~~ailure to appar at any such 

mg, without prior authorization to do so from the cornmiaaion or ita 

dedgnee, may result in the commission finding the alleged violator guilty of 

the charges complained of by default, and at such time an order may be 

enbred, including the assessment of a penalty, which, in the opinion of the 

commisaion, will best hrther the purposes of Section 17-17-1 et seq., and 

Section 49-17-1 et seq. 

 SOURCE^^ WOJ, i~s, j7imiait LP~ im ~br zm, g 11; em, ch m, 9 3 19~7, ch 332, J 8, eU itom and aibr July 1,1987. Editor's NoteSection 4928 providsr that wherever tho tctnn "Misrltrippi Commiaaion on Natural Ra 

aourcd ep- in any law the same shsll mean the Miminippi Cornminion on Envlronmsntal WtJ. 

Section 49174 provider that the word "commission", for purpoea of 9) 4917-1 through 49 

174, me- tho Miissippi Commhion on Naturd Resourcar acting through the Bursmu of 

Pollution Qntrol of the Dbputment of Natural %urn. Section 4917-7 prwidsr that tho 

WO* "Mppi Air and Water Pollution Control Commisrfon" wherever they may appecu in 

tho lam of tho Stat. of MW~ippi shall be conrtrued to maan tho Wppi Cornmimion on 

Natural Remurceu Ssdion 49-28, however, prwider that tho bnn ''Mkimippi Cornmimion on 

Natural kurca" shall mean the MLesisdppt Commission on Environmental QualiQ wherever it may appau in the lam of the Stab of MWppL 

ckm referencsc 

Application of thh don to hearinp befora Commigioa on Environmental Quality on solid 

ww dia* matters, se~ f 17-1743. 

Application of thlr section to pruceedingr beforo Commission on Environmental Quality for 
61.4 Am Jur Zd, Pollution Control 5 6. 93 CJS, Waters $9 43 et seq. 

~otationc 

Neceseity of showing scientar, knowledge, or intent, in pmeecution for violation of air 

pollution or smoke control statute or ordinaxe. 46 21LR3d 758. 

Air pollution: evidence 3a t4 Ringlemann Chart observation. 51 ALR3d 1026. 

5 49-17-39. Request for hearing. 

Any interested person shall have the right to request the commission to 

call a hearing for the purpose of taking action in respect to any matter 

within the jurisdiction of the commission by making a -request therefor in 

writing. Upon receipt of any such request, the commission shall conduct 

such investigations as it deems necessary and may call a special hearing or 

may schedule such matter for its next regular meeting or hearing day, and 

after such hearings and with all convenient speed and in any event within 

thirty (30) days after the conclusion of such hearing shall take such action 

on the subject matter thereof as it may deem appro&iate. 

SOURCES: Coda, 1942, $71081~ Laws, 1968, ch. -258. 5 1% 1992. ch. MS. 5 13, eU from 

and afhr pasrage (approved May 18,1972). 

Editor's Nokt 

Section 49-24 provides that wherever the term "Mississippi Commission on Natural Re 

sources" appears in any law the same shd mean the Mhissippi Commission on Environmental Quality. 

Section 49-17-8 providen that the word "commisrion", for purposes of 99 49-17-1 through 48. 

1743, means the Mississippi Commission on Natural Resources acting through the Bureau of 

Pollution Control of the Department of Natural Resources. Section 48.17-7 provides that the 

word "Miseissippi Air and Water Pollution Cantrol Commission" wherever they may appear in 

the laws of the State of Mississippi shall be COM~N~?~ tomean the ;Mississippi Commission on 

Natural Resources. Section 49-28, however, providea that the term "Mississippi Cornmiasion on 

Natural Resources" shall mean the i\.iisshsippi Cammission on Environmental Quality wherever it may appear in the laws of the State of Mishippi 

Crom rufemncsb 

Application of thh section to hearings before Commission on Environmental Quality, on solid 

waate disposal matters, see 9 17-17-43. 

Application of this section to proceedings before Cammiseion on Environmental Quality for 

violatiom of provisions governing mineral leases, exploration or testing on state lands, se6 

5 29-7-17. 

Appeal from decision of Commission on Environmental Quality under Asbatom Abatement 

Accreditation and Certiacation A& see 9 37-138-27. 

Application of thin section to pmceedinm before the cornmisoion on violatiom of the 

underground storage tank act of 1988, sm 5 49-17427. 

Hearingm befom the Commiseion on Environmental Quality relative to water resource 

regulation, see 93 51-3-51 and 91368. 

49-17-37. Transcript of hearings. 

1\11 hearings before the commission shall be recorded either by a court 
&&ion 4828 pravida that wherever the brm 

Mtclriruippi Csmminioa on Natural Re

mu& a- in any law the srmo shall mw the Mi.ierippi Commisrian on Envimnment.1 wv. 

Section 48174 pravida that tho word "commisdon", for puqxam of $9 4S17-1 through 49 

17-43, means tho iWIPislipPf Cowm on Nahvrl hourem acting through the Bureau of Pollutim Control of tho Deputment of Natural R~QUCOR Won 4817-7 providsl, that the 

words "Mhbippf Air and Wata Pollution Cantrol Cornmiuion" wherever they may appear in t& lam of th. State of hiimimippi &aJl k conrtradd to mean thm iMasiaaippI Cornhion on N*t& Raourca. Section 4926, howwar, provida that tho tsrm "Misridppi Commisrion on Nahurl Rawwcwe'' shall mean th. Minimippi Conmimion on Environmentd Quality wherwer it my appeer In the law of tho Statr of Wppi. Crar mfApplication of thh don to hcarinlp before Commirrsion on Envimnmrntal Quality on solid 

wa dbpad mattem, f 17-174 

Appsrl Ptom docidon of Comrninioa on En*ent.l Quality under AAesbm Abatement 

Accreditdon and Certificlltion Act, mo O 37-13847. 

Application of tht MCM~ to procssdinp kfm the commlsdon on violations of the 

underground drag. t.nk act of 198% w 0 48.1747. 

Hedngn beform tho Commiaion on Envimrimenhl Wty relative to water resourn 

mti00, 4) sl4%61 ~d 61- Rewuch md Pnctfc. Rstemnc6lA Am Jur 26 Pollution Control j 6. 

. 93CJS, Watan4f43etmq. 

8 49-17-39. Protection of confidential Wormation. 

][EIformg&ion obtained by the cornrnisaion concerning environmental protection including but not limited to information contained in appiicationa 

for air emission equipment construction permits and water discharge permits shall be public information and shall be, made available upon proper 

request. Othe~ information obtained by the commiseion, department or 

permit bod in the administration of Sections 49-17-1 through 49-17-43 

concerning trade secretu, including, but not limited to, marketing or financial information, procwen, devices, methods of manufacture, or prodilction 

capabilities or amounta shall be kept confidential, if qd-.onlv if:' (a) a 

written confidentiality claim is made when the information L suppad, Cb) such coddentiality claim allowa disclosure of the coddentid information 

to authorized department employees and/or the United States Environmental P;otedion Agency (EPA); and (c) such coddentiality claim ia determined by the commission to be valid, If the coddentiality claim is denied, 

the information sought to be covered thereby shall not be released or 

dieclosed, except to the Environmental Protection Agency, until the claimant has been notiaed in writing and dorded an opportunity for a hearing 

and appeal therefrom, as with other orders of the commission. Disclosure of 

confidential information by the EPA should be governed by federal law and 

240 
Editor's NOSection 49-2-6 provida that wherever the tarm "Miseiesippi Commkion on Natural R+ 

murces" appears in any law the same shall mean the Mviissiuippi Cammission on Environman- . - 

-A ~uality. 

Mion 49-17-5 provides that the word "commisuion", for purposer of 45 49.17-1 through 49- 

:74, means tha hlizuissippi Commission on Natural Reaourcecl acting through the Bureau of 

?&utzon Control of the Department of Natural Rmurcesd Seaion 1417-7 provider that the 

xor& "Mississippi Air and Water Pollution Contrdl Cbmmisrion" wherwer they may apparv in 

he laws of the Stato of Mississippi shall be construed to mean the Mkissippi Commission on 

.vatural Resources. Section 49-24 however, providm that the term "MLahippi Commission on 

getural Resources" shall mean the Mimisippi Cammimion on Environmental *&ity wherper it may appear in the laws of the State of .Misaisaippi. 

C~,?.oslr reference* 

Application of thL section to hearinga before Commission on Environmental Quality on solid 

xaclto disposal matters, see g 17-17-43. 

Appeal from decision of Commission on Environmental Quality under Asbestos Abatement 

~ccrcditation and Certitication Act, see 3 37-138.27. 

Application of this section to the disclosure of records, reports or information obtained 

m-suant to the underground storage tank act of 1988, sea g 46.17426. 

Application of thh section to procettdings before the commission on violatiom of the 

inderground storage tank act of 1988, see g 49-17-427. 

Hearings before the Commission on Environmental Quality relative to watsr rewurce 

qulation, ses 33 91-3-51 and 514-56. 

?edsral AspciaAdministrative rule8 of procedure of the United States Environmental Protection Agency, see 

3SCS Administrative Rules of Procedure. 949-17-4 1. AdUtrative appeals; appeals to chancery court; ap 

peals to supreme court. 

In addition to any other remedies that might now be available, any person 

'~r interested party aggrieved by any order of the commission or the 

:xecutive director shall have a right to file a sworn petition with the 

':ommission within thirty (30) days after the order was issued setting forth 

:he grounds and reasons for his complaint and asking for a hearing of the 

,latter involved, provided that no hearing on the same subject matter shall 

have. been previously held before the commission or its designated hearing 

,fficer. The commission shall thereupon fix the time and place of such 

learing and shall notify the petitioners thereof. In such pending matters, 

he commission shall have the same full powers as to subpoenaing witlesses, administering oaths, examining witnesses under oath and conducting 

he hearing, as is now vested by law in the Mississippi Public Service 

;ommission, as to hearings before it, with the additional power that the 

.xecutive director may issue all subpoenas, both at the instance of the 

Jetitioner and of the commission. At such hearings the petitioner, and any 

,ther interested party, may offer, present witnesses and submit evidence. 

Following such hearing, the final order of determination of the commis- 
with and appmved by the executive director of the commiseion, who shall 

forthwith certify the same together with a certified copy of the record of the 

cormrriseion in the matter to the chancery court to which the appeal is 

taken, which shall thereupon become the record of the cause. An appeal ta the chancery court aa provided her& shail not stay the execution of an order of the commission. Any party aggrieved by an order of the commirurion 

may, within said fhn (16) days &r the e4ournment of the commission 

meeting at which said flnal order war entered, petition the chancery court 

of the situs in whole or in part of the subject matter for an appeal with 

supersedeas, and the chancellor shall grant a hearing on said petition and 

upon good cause shown may grant said appeal with supersedeas; the 

appellant shall be required to poat a bond with sufEcient suretien according 

to law in an amount to b4 determined by the chancellor. Appealr shall be considered only upon the record as made before the commisuion. The 

chancery court shall alwayu be deemed open for hearing of such appeals and 

the chancellor may hear the same in termtime or in vacation at any place 

in hie district, and the same shall have precedence over all civil cases, 

except election conteak The chancery court shall review all questions of 

law and of fact. If no prejudicial error be found, the matter shall be affirmed 

and remanded to the commiseion for enforcement. If prejudicial error be found, the same shall be reversed and the chancery court shall remand the 

matter to the commission for appropriate action ar, may be indicated or 

neceseary under the circumstances. Appeala may be taken from the chancery court to the Supreme Court in the manner as now required by law, 

except that if a supersedeas ia desired by the party appealing to the 

chancery court; he may apply therefor to the chancellor thereof, who shall 

award a writ of supersedeas, without additional bond, if in his judgment material damage i~ not likely to result thereby, but otherwise he shall 

require such supersedeas bond as he deem8 proper, which shall be liable to 

the state for such damage. 

Mtor'o No+ 

Won 492-8 provides that wherever the term "Mtriuippi Commission on Natural Re 

murced' appcarr in any law tho we shall mean the Mhhippi Commission on Envimnmental Quality. 

Section 4817-5 pmvidea that thb word "commbion", for purpome of $9 4917-1 thmugh 49 

17-43, meam the Mkdnsippi Commission on Natural Resounu acting thmugh the Bureau of 

Pollution Control of the Dapwment of Natural Resourn* Section 49-17-7 pmvida that the 

wordr "Mkuicuippi Air and Water Pollution Control Com&onW wherever they may appear in