·····----------------

Sf ATE OF MISSISSIPPI HALEY BARBOUR 

GOVERNOR 

MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUAliTY 

Ms. Gwendolyn Keyes Fleming 

Regional Administrator 

TRUDY D. FISHER. 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.EGION 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 regarding the 

National 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 any questions or need further information, please contact me or Maya Rao of my staff at 

(601) 961-5242. 

TDF/cjs 

Enclosures 

cc: Ms. Beverly Banister, EPA Region IV 

Very truly yours, 

OFFICE OF POLLUTION CONTROL 

PoST OFFICE Box 2261 • jACKSON, MISSISSIPPI 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 Section 110(a)(1) and (2)

Lead Requirements

This certification addresses Mississippi’s obligations under Section 110(a)(1) and (2) of 

the Clean Air Act for the Lead National Ambient Air Quality Standards (NAAQS). The 

following state regulations are part of the State Implementation Plan (SIP) and are 

referred to in this document: 

APC-S-1 – Mississippi Commission on Environmental Quality 

“Air Emission Regulations for the Prevention, Abatement, and Control of Air 

Contaminants” 

APC-S-2 - Mississippi Commission on Environmental Quality 

“Permit Regulation for the Construction and/or Operation of Air Emissions 

Equipment” 

APC-S-3 - Mississippi Commission on Environmental Quality 

“Mississippi Regulations for the Prevention of Air Pollution Emergency 

Episodes” 

APC-S-5 - Mississippi Commission 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 national primary ambient air quality standard (or 

any revision thereof) under section 109 of this 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 thereof) 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 promulgation of a national ambient air quality 

secondary standard (or revision thereof), a plan which provides for implementation, 

maintenance, and enforcement of such secondary standard in each air quality control 

region (or portion thereof) within such State. Unless a separate public hearing is 

provided, each State shall consider its plan 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 primary and secondary lead standards. 

Section 110(a)(2)(A)

Include enforceable emission limitations and other control measures, means, or 

techniques (including economic incentives such 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 requirements of this chapter. 

SIP Appendix A-8, Section 49-17-17(h), provides the Mississippi Department of 

Environmental Quality (MDEQ) the ability to adopt, modify, or repeal and promulgate 

ambient air quality standards and emission standards for the state under such conditions 

as the Mississippi Commission on Environmental Quality (Commission) may prescribe 

for the prevention, control, and abatement of pollution. 

Section 110(a)(2)(B)

Provide for establishment and operation of appropriate devices, methods, systems, and 

procedures necessary to— 

(i) monitor, compile, and analyze data on ambient air quality, and 

(ii) upon request, make such data available to the Administrator.

SIP Appendix A-8 Section 49-17-17(g) provides MDEQ with the necessary statutory 

authority to collect and disseminate information relating to air quality and pollution and 

the prevention, control, supervision, 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 enforcement of the measures described in 

subparagraph (A), and regulation of the modification 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 construction of any new 

major stationary source or any existing major 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 interfere with maintenance by, any 

other State with respect to any such national primary or secondary ambient air quality 

standard, or 

(II) interfere with measures required to be included in the 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 emissions 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 emissions 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 where 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 Haze 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 adequate provisions insuring compliance 

with the applicable requirements of sections 115 and 126(b) that involve Pb 
State of Mississippi 

Lead Infrastructure SIP Final November 17, 2011 4

emissions (relating to interstate and international pollution abatement).” EPA 

has no reason to approve or disapprove any existing state rules with regard to 

these provisions. 

SIP Section APC-S-5 shows where 40 CFR 51.166 was adopted by reference into 

the SIP. These regulations require notification of potential impacts from new or 

modified sources to state and local agencies of neighboring states. Therefore, the 

SIP meets the requirements 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 government or governments, or a regional 

agency designated by the State or general purpose 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 prohibited by any provision 

of Federal or State law from carrying out such implementation plan or portion thereof), 

(ii) requirements that the State comply with 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 the 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), provides for authority under State law to carry 

out its SIP and related issues. SIP Appendix 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 prescribed by the Administrator— 

(i) the installation, maintenance, and replacement 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 amounts of emissions and emissions-related data 

from such sources, and 

(iii) correlation of such reports by the State agency with any emission limitations or 

standards established pursuant to this chapter, 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, Section 
State 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 any 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 require the installation, 

maintenance, and use of such monitoring equipment and methods at such locations and 

intervals as the Commission deems necessary. 

SIP Section APC-S-2, Section IX requires that copies of records 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 comparable to that in section 303 of this title and adequate 

contingency plans to implement 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 emergency order as circumstances may require. 

SIP Section APC-S-3 states then the MDEQ Director 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 which 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 revisions of such national 

primary or secondary ambient air quality standard 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 available 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 requirements established under this chapter.

(i) SIP Appendix A-8, Section 49-17-17(h) provides MDEQ with the necessary 

statutory authority to revise the SIP to accommodate changes to the NAAQS. 

(ii) SIP Appendix A-8, Section 49-17-17(h) provides MDEQ with the necessary 

statutory authority to revise the SIP if the Administrator 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 attainment 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 statutory authority to revise the SIP. 

Section 110(a)(2)(J)

Meet the applicable requirements of section 121 of this title (relating to consultation), 

section 127 of this title (relating to public notification), and part C of this subchapter 

(relating to prevention of significant deterioration of air quality and visibility protection). 

SIP Section APC-S-5, in addition to provisions in separate implementation plans (such as 

the Regional Haze Implementation Plan) provide for continued consultation with 

government officials. SIP Appendix A-8, Section 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 agency 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 regulations, air quality summary data, and daily 

AQI reports. Also, certain regulatory 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 modeling as the Administrator may prescribe for 

the purpose of predicting the effect on ambient 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 related to such air quality modeling to the 

Administrator. 

SIP Sections APC-S-2, V.B. and APC-S-5 require that air 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 source to pay to the permitting 

authority, as a condition of any permit required under this chapter, a fee sufficient to 

cover— 

(i) the reasonable costs of reviewing and acting upon any application for such a permit, 

and 

(ii) if the owner or operator receives a permit for such source, the reasonable costs of 

implementing and enforcing the terms and conditions of any such permit (not including 

any court costs or other costs associated with any enforcement action), 

until such fee requirement is superseded with respect to such sources by the 

Administrator’s approval of a fee program under subchapter V of this chapter. 

SIP Appendix A-8, Section 49-17-30, provides for the assessment of Title V permit fees 

to cover these costs. 

Section 110(a)(2)(M)

Provide for consultation and participation by local political subdivisions 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 subdivisions 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: October 5, 2011 MDEQ Contact: Jerry Beasley 

Deadline for Comment: November 4, 2011 

Please take note that the Mississippi Commission on Environmental 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 certification may be obtained by writing or calling Edna Banks at the address 

and telephone number listed above. The draft certification information is also available for public 

review from Wednesday, October 5, 2011, through 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 certification information may be found on the Mississippi Department 

of Environmental Quality’s website at http://www.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 Commission’s address shown above, no later 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 draft 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 

Authorized 

Signed 

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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PROO.F OF PUBLICATION 

STATE OF MISSISSIPPI 

COUNTY OF HARRISON 

Before me, the undersigned · Notary of Harrison County, 

Mississippi personally appeared CRJ&\]9.. AAux 

who, being by me first duly sworn, did depose and say that she is a 

clerk of The Sun Herald a newspaper published in the city 

GL1Jfport , in Harrison County, Mississippi, and the publication 

of the notice, a copy of wh·ich is hereto attached, has been made 

in $gld paP-§r I times.. ln the following numbers and on the 

following dates of such paper, viz: 

Vol. 1a~ No., E_ dated s_ day of Oct= 20 ll '--

Vol. No., __ dated __ day of ,20 __ 

Vol. No., __ dated __ day of ~20 __ 

Vol. No., __ dated __ day of ,20 __ 

Vol. No., __ dated __ day of ,20 __ 

Vol. No., __ dated __ dayof ,20_. _ 

Vol. No., __ dated __ day of ,20 __ 

Affiant further states on oath that said newspaper has been 

established and published continuously in said country for a period 

of more than twelve months next prior to the first publication of said 

notice. 

Clerk 

Sworn to and subscribed before me this _ __;::;s- ___ day of 

Oe:t I A.D., 20 II 

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STATE OF MISSISSIPPI , LEE COUNTY: FlEC.Etllr.::- ·, i4._ ..... 

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Personally appeared before me, -----===D~IANNE :;.; . -==P.=. P=O=WE====LL====--BD'P.ie rttt-,;r;p::---:--- Notary Public. 

P Of Envirnnm 

H C ER JR ' ,(.l 'l '"' in and for said County and State, ·= LAY FOST , . , Pub ishe.r &.'ity of a 

newspaper printed and published in the City of Tupelo, Lee Cou~ty, Mississippi, called The 

Northeast Mississippi Daily Journal, who being duly sworn, deposes and says that the publication 

of a certain notice, a true copy of which is hereunto attached, has been made in sa:id newspaper for 

j_ weeks consecutively to-wit: 

Vol.J1L. No.MfL. Date OU.. ? 20Jl 

Vol. .No. Date 

Vol. .No. Date 

Vol. .No. Date 

Vol. .No. Date , Vol.· 

My Commission expires~.~§..~·.;·;;._s~. • ·~·~-tltJ'Y Pu~:· .. tS'.· •• :A..'II··~" """<'.-~: •• ~. ·-. I:'.-. • --~: 10 # 83201 -:.-o 

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#23560 

LEGAL NOTICE 

Public Notice 

Mississippi CommissiOn on Environmental Quality P. o. Box 22o1 

lackson1 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 

eg m. at $,U$ h~'Z· -

Png o;J!WramS: r Qual· ltV" New Intormatlon. 

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 Frlday1, 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 ,_ ~ 

In rest In the draft c;ettlfl· cation. 

Please bring the fo~olng to the attention of per· sons whom you know will 

be Interested. 

October 5, 2011.