Farngalo, Zuri 

From: 

Sent: 

To: 

Cc: 

Subject: 

Attachments: 

Jerry_Beasley@deq.state.ms.us 

Thursday, May 08, 2014 5:08 PM 

Benjamin, Lynorae; Bradley, Twunjala; Ward, Nacosta 

maya_rao@deq.state.ms.us 

MDEQ Infrastructure SIP Revisions 

2011 lead Infrastructure SIP - 2014 Revision - 1.doc; 2011 Ozone Infrastructure SIP -

2014 Revision - l.doc; 2010 Nitrogen Dioxide Infrastructure SIP - 2014 Revision - l.doc; 

2010 Sulfur Dioxide Infrastructure SIP - 2014 Revision.docx 

Attached are the revised lead, ozone, nitrogen dioxide, and sulfur dioxide infrastructure SIPs. The revisions are 

summarized below in bold red. If you have any questions or need more information, let me know. 

Overarching comment for all infrastructure submissions and elements. 

Please submit an electronic copy of any statutes, state law, or state regulations that are referenced in MDEQ's 

infrastructure submissions/elements for compliance (but not submitted for incorporation/not currently approved 

into the SIP). These statutes, state laws, and/or state regulations are not being submitted for incorporation into 

the SIP. For example any state law or statue referenced in an Appendix should be provided electronically. 

Additionally, please clarify that Appendix A-8 and A-9 are both documentation of Mississippi Code Title 49. 

All statutes, state laws, or state regulations are now linked in the documents. Additionally, Appendix A-9 was the 

correct reference for Mississippi Code Title 49. 

110(a)(2)(C) 

Please clarify that Mississippi has a SIP-approved minor new source review permitting program which is 

governed at APC-S-2 and covers compliance with 110(a)(2)(C) for all relevant NAAQS infrastructure SIP 

submissions (i.e. ozone, Pb, S02 and N02). 

Each infrastructure SIP has been revised to include this statement: 

SIP Section APC-S-2, Section 1.0. lists permitting requirements including those for minor new source review 

permitting. 

110(a)(2)(L) 

In addition to the current title V information provided in MDEQ's existing infrastructure submissions for 2008 

ozone & lead and 2010 N02 & S02 NAAQS, please provide more detailed information on the state's 

permitting fee structure with regards to the PSD and NNSR by providing responses and documentation to the 

questions below to demonstrate MDEQ's compliance with 110(a)(2)(L). Please be sure to clarify that 

documentation covers compliance for all relevant NAAQS infrastructure SIP submissions (i.e. ozone, Pb, S02 

and N02). 

• Identify the funding source(s) for the reasonable cost of review, approval, implementation and 

enforcement ofPSD and nonattainment new source review (NNSR) permits (i.e. single or combination of 

permit-specific fee charged to the applicant, a state tax, legislative appropriations, title V operating fee program 

etc.) 

1 
• Identify how this funding source is mandated or what gives the agency the authority to charge a fee or 

require funding (i.e. state law, SIP-approved regulation, legislation, statute). Please consider citing (and 

providing an electronic copy) all relevant state and SIP· approved regulations or statutes that require/mandate 

funding for processing PSD and NNSR permits. Please note specific fee amounts are not required for 

documentation. 

• Document if possible that the current permitting fee structure in place for PSD and NNSR reflect the 

reasonable cost of review, approval, implementation and enforcement ofPSD and NNSR permits and are 

sufficient to operate the state's permitting program. 

• Additionally, include a statement that the tit1e V operating program fees cover the reasonable cost of 

implementation and enforcement ofPSD and NNSR permits after they have been issued. 

Each infrastructure SIP has been revised to include this information: 

SIP Appendix A-9, Section 49-17-30, provides for the assessment of Title V permit fees to cover these costs. SIP 

Appendix A-9, Section 49-2-9(c) authorizes MDEQ to apply for, receive, and expend federal or state funds in order 

to operate its programs. MDEQ uses state legislative appropriations, federal105 grant funds, and Title V fees for 

the reasonable cost of review, approval, implementation, and enforcement of aU air permitting programs. SIP 

Appendix A-9, Section 49-17-14 allows MDEQ to expend or utilize monies in the Mississippi Air Operating Permit 

Program Fee Trust Fund to pay all reasonable direct and indirect costs associated with the development and 

administration of the Title V program including, but not limited to, the reasonable costs of performing activities 

related to the Title V program. These funding mechanisms reflect the reasonable cost of review, approval, 

implementation, and enforcement of the state•s air permitting program. The Title Voperating program fees cover 

the reasonable cost of implementation and enforcement of PSD permits after they have been issued. 

Jerry Beasley, Ph.D., P.E. 

Chief, Air Quality Management Branch 

Mississippi Dept. of Environmental Quality 

515 East Amite Street 

Jackson, Mississippi 39201 

(601) 961-5134 

2