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Sf ATE OF MISSISSIPPI

HALEY BARBOUR

GOVERNOR MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUAliTY

Ms. Gwendolyn Keyes Fleming Regional Administrator TRUDY D. FI S HER. ExECLmVE DIRECTOR November 17, 2011

U.S. Environmental Protection Agency 61 Forsyth Street, S.W. Atlanta, Georgia 30303-3104

Dear Ms. Fleming: 

### -- , -\ : ,-- _...; , ": ··**r:·~** EPA-TI.EGI O N it4 ATLANTA. GA.

Re: Mississippi Lead Infrastructure SIP

Enclosed are documents related to Mississippi ' s Infrastructure State Implementation Plan (SIP) to comply with the requirements of Section llO(a)(l ) and (2) of the Federal Clean Air Act r egar ding the Nation a l Ambient Air Quality Standard for Lead. We are transmitting, under separate cover, additional copies to Lynorae Benjamin of your agency.

We certify that a 30-day public comment period was held regarding the SIP. The public comment period ended November 4, 2011, and no comments were received.

We feel that this Lead Infrastructure SIP submittal is complete. Therefore, we are requesting EPA approval of this SIP into the federally approved Mississippi State Implementation Plan.

If you have a n y questions or need further information, please contact me or Maya Rao o f my s t aff at (601) 961-5242.

TDF/cjs Enclosures

cc: Ms. B eve rly Banister, EPA Region IV Very t ruly yours,

OFFICE OF POLLUTION CONTROL

P oST OFFICE Box 2261 • jACK SON, MISSI SS IPPI 39225-2261• TEL: (601) 961-5171 • FAX: (601) 354-6612 • www.deq .stare. ms.us AN E O UAL 0PPORTI TN TTY Fu"' """"State of Mississippi Lead Infrastructure SIP Final November 17, 2011 

### 1 

## Mississippi Certification Clean Air Act Sectio n 110(a)(1) and (2) Lead Requirements

This certification addresses Mississippi’s obl igations under Section 110(a)(1) and (2) of the Clean Air Act for the Lead National Ambi ent Air Quality Standa rds (NAAQS). The following state regulations are part of th e State Implementation Plan (SIP) and are referred to in this document:

APC-S-1 – Mississippi Commissi on on Environmental Quality “Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants”

APC-S-2 - Mississippi Commissi on on Environmental Quality “Permit Regulation for the Construction and/or Operation of Air Emissions Equipment”

APC-S-3 - Mississippi Commissi on on Environmental Quality



### “ Mississippi Regulations for the Pr evention of Air Pollution Emergency Episodes”

APC-S-5 - Mississippi Commissi on on Environmental Quality “Mississippi Regulations for the Prevention of Significant Deterioration of Air Quality”

Appendix A-8 – Mississippi Code Title 49

Section 110(a)(1)

Each State shall, after reasonable notice and public hearings, adopt and submit to the Administrator, within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a nati onal primary ambient air quality standard (or any revision thereof) under section 109 of th is title for any air pollutant, a plan which provides for implementation, maintenance, and enforcement of such primary standard in each air quality control region (or portion thereo f) within such State. In addition, such State shall adopt and submit to the Administrator (either as a part of a plan submitted under the preceding sentence or separately) within 3 years (or such shorter period as the Administrator may prescribe) after the pr omulgation of a national ambient air quality secondary standard (or revision thereof), a plan which provides for implementation, maintenance, and enforcement of such sec ondary standard in each air quality control region (or portion thereof) within such St ate. Unless a separate public hearing is provided, each State shall consider its pl an implementing such secondary standard at the hearing required by the first sentence of this paragraph.State of Mississippi Lead Infrastructure SIP Final November 17, 2011 

### 2 The submittal of this State Implementation Plan for Mississippi will satisfy the requirements listed above for the prim ary and secondary lead standards.

Section 110(a)(2)(A)

Include enforceable emissi on limitations and other control measures, means, or techniques (including economic incentives su ch as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable require ments of this chapter.

SIP Appendix A-8, Section 49-17-17(h), prov ides the Mississippi Department of Environmental Quality (MDEQ) the ability to adopt, modify, or repeal and promulgate ambient air quality standards and emission st andards for the state under such conditions as the Mississippi Commission on Environmen tal Quality (Commission) may prescribe for the prevention, control, and abatement of pollution.

Section 110(a)(2)(B)

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

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

SIP Appendix A-8 Section 49-17-17(g) provid es MDEQ with the necessary statutory authority to collect and disseminate informa tion relating to air quality and pollution and the prevention, control, s upervision, and abatement thereof. The “2011 Annual Monitoring Network Plan for Mississippi” provides the details of the ambient air quality monitoring system in the state.

Section 110(a)(2)(C)

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

SIP Sections APC-S-5 and APC-S-2, Section V. apply to the cons truction of any new major stationary source or any existing majo r stationary sources. SIP Section APC-S-2, Section VI. provides for the enforcement of measures described in Section 110(a)(2)(A).State of Mississippi Lead Infrastructure SIP Final November 17, 2011 

### 3 Section 110(a)(2)(D)

Contain adequate provisions— (i) prohibiting, consistent with the provisions of this subchapter, any source or other type of emissions activity within the State from emitting any air pollutant in amounts which will— (I) contribute significantly to nonattainment in, or interfer e with maintenance by, any other State with respect to any such nati onal primary or secondary ambient air quality standard, or (II) interfere with measures re quired to be included in th e applicable implementation plan for any other State under part C of this subchapter to prevent significant deterioration of air quality or to protect visibility

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

Mississippi does not have any lead sources with emissi ons equal to or greater than 0.5 tons per year. Therefore, no lead emissions from Mississippi impact any neighboring states such that they contribute to nonattainment in those
states.

2. Interfere with maintenance of NAAQS by any other State (Prong 2).

Mississippi does not have any lead sources with emissi ons equal to or greater than 0.5 tons per year. Therefore, no lead emissions from Mississippi impact any neighboring states such that they interfere with maintenance in those
states.

3. Interfere with measures required to meet the Implementation Plan for any other State related to Prevention of Significant Deterioration (Prong 3).

SIP Section APC-S-5 shows wher e 40 CFR 52.21 and 40 CFR 51.166 were adopted by reference into the SIP. Therefore, new major sources and major modifications are subject to PSD.

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

Mississippi submitted its Regional H aze Implementation Plan to EPA on September 22, 2008. Because Mississippi does not have any lead sources with emissions equal to or greater than 0.5 tons per year, and lead emissions will contribute negligibly to visibility impairment in Class I areas, the SIP meets the requirements of this criterion.

(ii) Each such Plan shall [...] contain ade quate provisions insuring compliance with the applicable requir ements of sections 115 and 126(b) that involve PbState of Mississippi Lead Infrastructure SIP Final November 17, 2011 

### 4 emissions (relating to interstate and in ternational pollution abatement).” EPA has no reason to approve or disapprove any existing state rule s with regard to these provisions.

SIP Section APC-S-5 shows where 40 CF R 51.166 was adopted by reference into the SIP. These regulations require notif ication of potential impacts from new or modified sources to state and local agenci es of neighboring states. Therefore, the SIP meets the requirement s of this criterion.

Section 110(a)(2)(E)

Provide

(i) necessary assurances that the State (or, except where the Administrator deems inappropriate, the general purpose local go vernment or governments, or a regional agency designated by the State or general pur pose local governments for such purpose) will have adequate personnel, funding, and authority under State (and, as appropriate, local) law to carry out such implementation plan (and is not prohibi ted by any provision of Federal or State law from carrying out su ch implementation plan or portion thereof), (ii) requirements that the State comply w ith the requirements respecting State boards under section 7428 of this title, and (iii) necessary assurances that, where the State has relied on a local or regional government, agency, or instrumentality for th e implementation of any plan provision, the State has responsibility for ensuring adequate implementation of such plan provision;

SIP Appendix A-8, Section 49-17-17(h), provid es for authority under State law to carry out its SIP and related issues. SIP Appendi x A-8, Section 49-17-17(d), grants MDEQ statutory authority to accept and administer laws and grants from the federal government and from other sources, public and private, for carrying out any of its functions, which loans and grants shall not be expended for other than the purposes for which provided.

Section 110(a)(2)(F)

Require, as may be prescrib ed by the Administrator—

(i) the installation, maintenance, and replacem ent of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources to monitor emissions from such sources, (ii) periodic reports on the nature and amount s of emissions and emissions-related data from such sources, and (iii) correlation of such reports by the St ate agency with any emission limitations or standards established pursuant to this chapt er, which reports shall be available at reasonable times for public inspection.

SIP Section APC-S-2, Section VI lists requirements for compliance testing that is required to be included in any MDEQ air pollution permit. SIP Appendix A-8, SectionState of Mississippi Lead Infrastructure SIP Final November 17, 2011 

### 5 49-17-21, states that MDEQ has the authority to require the maintenance of records related to the operation of air contaminant sources and a ny authorized representative of the Commission may examine and copy any such records or memoranda pertaining to the operation of such contaminant source. The Commission may requi re the installation, maintenance, and use of such monitoring eq uipment and methods at such locations and intervals as the Commission deems necessary.

SIP Section APC-S-2, Section IX requires that copies of reco rds relating to the operation of air contamination sources shall be submitted to the Permit Board as required by the permit or upon request.

Section 110(a)(2)(G)

Provide for authority comparabl e to that in section 303 of this title and adequate contingency plans to im plement such authority.

SIP Appendix A-8, Section 49-17-27, states that in the event an emergency is found to exist by the Commission, it may issue an emerge ncy order as circumstances may require.

SIP Section APC-S-3 states then the MDEQ Di rector determines that an Air Pollution Emergency Episode condition exists at one or more monitoring sites solely because of emissions from a limited number of sources, he may order such source or sources to put into effect the emission control programs whic h are applicable for each episode stage. SIP Section APC-S-3 also lists regulations to prevent the excessive buildup of air pollutants during air pollution episodes.

Section 110(a)(2)(H)

Provide for revision of such plan—

(i) from time to time as may be necessary to take account of revisi ons of such national primary or secondary ambient air quality stand ard or the availability of improved or more expeditious methods of attaining such standard, and (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of information availabl e to the Administrator that the plan is substantially inadequate to attain the national ambient air quality standard which it implements or to otherwise comply with any additional requi rements established under this chapter.

(i) SIP Appendix A-8, Section 49-17-17(h) pr ovides MDEQ with the necessary statutory authority to revise the SI P to accommodate changes to the NAAQS.

(ii) SIP Appendix A-8, Section 49-17-17(h) pr ovides MDEQ with the necessary statutory authority to revise the SIP if the Administra tor finds the plan to be substantially inadequate to attain the NAAQS.State of Mississippi Lead Infrastructure SIP Final November 17, 2011 

### 6 Section 110(a)(2)(I)

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

Currently, Mississippi is in at tainment with the lead NAAQS. However, if the State is designated as nonattainment in the future, SIP Appendix A-8, Section 49-17-17, provides MDEQ with the necessary statutor y authority to revise the SIP.

Section 110(a)(2)(J)

Meet the applicable requiremen ts of section 121 of this title (relating to consultation), section 127 of this title (rel ating to public no tification), and part C of this subchapter (relating to prevention of signifi cant deterioration of air quality and visibility protection).

SIP Section APC-S-5, in additi on to provisions in separate implementation plans (such as the Regional Haze Implementation Plan) pr ovide for continued consultation with government officials. SIP Appendix A-8, S ection 49-17-17(c), provides MDEQ with the necessary statutory authority to advise, consult, cooperate, or enter into contracts, grants, and cooperative agreements with any federal or state agen cy or subdivision thereof.

MDEQ has public notice mechanisms in place to notify the public of lead. These include the MDEQ web site where changes in regula tions, air quality su mmary data, and daily AQI reports. Also, certain re gulatory actions may also be published in newspapers and/or public hearings. SIP Section APC-S-3 requires that MDEQ notify the public of any air pollution alert, warning, or emergency.

SIP Section APC-S-5 addresses PSD applicable requirements of Part C. The Regional Haze Implementation Plan addresses visibility protection applicable requirements of Part C.

Section 110(a)(2)(K)

Provide for—

(i) the performance of such air quality modeli ng as the Administrator may prescribe for the purpose of predicting the effect on ambien t air quality of any emissions of any air pollutant for which the Administrator has established a national ambient air quality standard, and (ii) the submission, upon request, of data rela ted to such air quality modeling to the Administrator.

SIP Sections APC-S-2, V.B. and APC-S-5 require that ai r modeling be conducted to determine permit applicability.State of Mississippi Lead Infrastructure SIP Final November 17, 2011 

### 7 Section 110(a)(2)(L)

Require the owner or operator of each major stationary sour ce to pay to the permitting authority, as a condition of any permit requi red under this chapter , a fee sufficient to

cover—

(i) the reasonable costs of reviewing and ac ting upon any application for such a permit, and (ii) if the owner or operator receives a perm it for such source, the reasonable costs of implementing and enforcing the terms and conditi ons of any such permit (not including any court costs or other costs associ ated with any enforcement action), until such fee requirement is superseded with respect to such sources by the Administrator’s approval of a fee progr am under subchapter V of this chapter.

SIP Appendix A-8, Section 49-17-30, provides fo r the assessment of Title V permit fees to cover these costs.

Section 110(a)(2)(M)

Provide for consultation and partic ipation by local political s ubdivisions affected by the plan.

SIP Appendix A-8, Section 49-17-17(c), gives the Commission the statutory authority to advise and consult with any political subdi visions in the State. SIP Appendix A-8, Section 49-17-19(b) requires the Commission to conduct public hearings in accordance with EPA regulations prior to establishing, amending, or repealing standards of air quality.Lead Infrastructure SIP Public Notice.doc October 5, 2011 

### Public Notice Mississippi Commission on Environmental Quality P. O. Box 2261 Jackson, MS 39225 Telephone No. (601) 961-5171

Public Notice Start Date: Octobe r 5, 2011 MDEQ Contact: Jerry Beasley Deadline for Comment: November 4, 2011

Please take note that the Miss issippi Commission on Environmen tal Quality (“Commission”) is providing draft information for comment regarding the Mississippi Certification that the State Implementation Plan for the Control of Air Pollution is adequate to comply with the requirements of Section 110(a)(1) and (2) of the Federal Clean Air Act as it pertains to the National Ambient Air Quality Standards for Lead as promulgated by the U.S. Environmental Protection Agency (EPA).

Copies of the draft certificati on may be obtained by writing or cal ling Edna Banks at the address and telephone number listed above . The draft certificati on information is also available for public review from Wednesday, October 5, 2011, thr ough Friday, November 4, 2011, at the main branch of public libraries in cities of Gulfport, Jackson, and Tupelo. For those persons with internet access, the draft certi fication information may be fo und on the Mississippi Department of Environmental Quality’s website at http://w ww.deq.state.ms.us by clicking on Programs; Air Quality; New Information.

Persons wishing to comment on the draft certification are invited to submit comments in writing to Jerry Beasley at the Commi ssion’s address shown above, no la ter than Friday, November 4, 2011. All comments received by this date will be considered in preparation of the final submission of the certification information to EPA. A public hearing will be held if the Commission finds a significant degree of public interest in the dr aft certification.

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

### PROOF OF PUBLICATION THE STATE OF MISSISSIPPI HINDS COUNTY

PERSONALLY appeared bei'ore me, the undersigned notary public in and for Hinds County, Mississippi,

ANN MIDDEKE

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:

10/5/2011

Size : 319 words/1.00 col. x 87

. 00 lines Published: 1 time(s) Total: $46.78

Signed

# ~~~ Authorized Clerk of The Clarion-Ledger

SWORN to and subscribed before me on 10/5/2011.**~**
Notary Public RICK TYLER

Notary Public State of Mississippi at Large. Bonded thru Notary Public Underwriters
(SEAL)



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### LEGAL NOTICE

Public Notice Mississippi CommissiOn on

Environmental Quality P. 

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. Box 22o1 lackson 1 MS 39225**Tel~none** No.

(601 961-5171 Public No ce Start Date: October 5, 2011 MDEQ Contact:

Jerry Beasley Deadline for Comment: November 4 2011

Please talce note that the Mississippi Commission on Environmental Qualltv rcommlsslon") Is providing draft lnforma· tlon for comment**~rd·** lng the Mississippi Cirtlfl· cation that tne State Implementation Plan for the Control of Air Pollution Is adequate to comply with the requirements of Section 110(a}(ll and (2) of the Federal Oean Air Act as It pertains to the National Ambient Air Qual· lty Standards for Leail as 11romulgated !IY the u.s. etvlronmental Protection Agency (EPA) •

CoPies of the draft Clllr· tlflcaflon may be obtained by writing or calling Edna Banks at the address and telephone number listed above. The draft certlflca· tlon Information Is also available for pubUc review from Wednesday, OCtober**~~** 2011, through Friday, NOvember 4, 20U, at tlie

. main branch of public libraries In dtles of Gulf·**~ckson,** and TUpelo

. For**'thOR""~ .**  Internet access, the draft certification Information may be l'ound on the Mls· slsslppl Department of Environmental Quality's website at**h~'Z·**

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Persons wishing to comment on the draft certlfl· cation are Invited to submit comments In wrlt1!19 to Jeny Beasley at thi Commission's address shown above, no later then Frlday 1 , November 4, 2011. All comments received by this date will be considered In prepara- tion of the final submls· .slon or the certification InformatiOn to EPA. A public will be held It
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Please bring the**fo~o** lng to the attention of per· sons whom you know will be Interested. October 5, 2011

.