-+' 

. L 

ORDER NO. 

Came before the Mississippi Commission on Environmental Quality ("Commission") on 

October 28,2010, the recommendation of the Staff of the Mississippi Department of Environmental 

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

APC-S-1, entitled "Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants". 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 at least thirty days 

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

regulations, in accordance with Miss. Code Ann.§ 49-17-25 (Rev. 2003), and as 

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

25-43-1.101, et seq. (Rev. 2010). 

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

amendments to the regulations. No verbal comments were received at the public 

hearing regarding the proposed amendments to the regulations. The transcript of the 
recommended by staff. A copy of the regulations is appended to this Order. This 

decision will become final unless, pursuant to Miss. Code Ann. 5 49-1 7-41 (Rev. 

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 consideration of the matters raised during the evidentiary hearing. 

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. 5 25- 

43-3.1 13 (Rev. 20 10). If a petition for evidentiary hc .ng 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. 

Sh 

SO ORDERED, this the 8 day of ~)c ueWL ,201 0. 

FOR: Mississippi Commission on Environmental Quality 

~xecutibe Director Mississippi Department of Environmental Quality 
MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

"AIR EMISSION REGULATIONS FOR THE PREVENTION, ABATEMENT, AND 

CONTROL OF AIR CONTAMINANTS" 

APC-S-1 

Amended October 28, 2010
APC-S-1, Air Emission Regulations, Amended October 28, 2010 

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APC-S-1 

TABLE OF CONTENTS 

SECTION 1: GENERAL ...............................................................................................PAGE 1 

SECTION 2: DEFINITIONS.........................................................................................PAGE 1 

SECTION 3: SPECIFIC CRITERIA FOR SOURCES OF PARTICULATE MATTER

...........................................................................................................................................PAGE 5 

SECTION 4: SPECIFIC CRITERIA FOR SOURCES OF SULFUR COMPOUNDS 

...........................................................................................................................................PAGE 10 

SECTION 5: SPECIFIC CRITERIA FOR SOURCES OF CHEMICAL EMISSIONS 

...........................................................................................................................................PAGE 15 

SECTION 6: NEW SOURCES......................................................................................PAGE 15 

SECTION 7: EXCEPTIONS .........................................................................................PAGE 17 

SECTION 8: PROVISIONS FOR HAZARDOUS AIR POLLUTANTS..................PAGE 17 

SECTION 9: STACK HEIGHT CONSIDERATIONS...............................................PAGE 18 

SECTION 10: PROVISIONS FOR UPSETS, STARTUPS, AND SHUTDOWNS 

...........................................................................................................................................PAGE 23 

SECTION 11: SEVERABILITY ...................................................................................PAGE 25 

SECTION 12: PROVISIONS FOR EXISTING HOSPITAL/MEDICAL/INFECTIOUS 

 WASTE INCINERATORS ...........................................................................................PAGE 26 

SECTION 13: PROVISIONS FOR EXISTING COMMERCIAL AND INDUSTRIAL 

SOLID WASTE INCINERATION UNITS ..................................................................PAGE 61 

SECTION 14: PROVISIONS FOR THE CLEAN AIR INTERSTATE RULE .......PAGE 66 
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MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

AIR EMISSION REGULATIONS FOR THE PREVENTION, ABATEMENT, 

AND CONTROL OF AIR CONTAMINANTS 

APC-S-1 

Amended October 28, 2010

SECTION 1. GENERAL

1. Authority. Pursuant to the authority granted by Miss. Code Ann. 49-17-17, the 

following regulations are adopted for the purpose of preventing, abating, and 

controlling air pollution caused by air contaminants being discharged into the 

atmosphere as particulates, smoke, fly ash, solvents, and other chemicals or 

combinations thereof. 

2. Except as otherwise noted herein, stack emissions testing for demonstration of 

compliance with the regulations herein may be performed in accordance with the 

Test Methods of the U. S. Environmental Protection Agency in place at the time 

testing is performed or as otherwise approved by the staff of the Mississippi Office 

of Pollution Control and the U. S. Environmental Protection Agency. 

Notwithstanding this or any other provision in these or any other regulations, the 

owner or operator may use any credible evidence or information relevant to whether 

a source would have been in compliance with applicable requirements if the 

appropriate performance or compliance test had been performed, for the purpose of 

submitting compliance certifications. 

Notwithstanding any other provision in these or any other air pollution control 

regulations, any credible evidence or information relevant to whether a source would 

have been in compliance with applicable requirements if the appropriate performance 

or compliance test had been performed, can be used to establish whether or not a 

person has violated or is in violation of any standard or applicable requirement. 

3. In the event of a conflict between any of the requirements of these regulations and/or 

applicable requirements of any other regulation or law, the more stringent 

requirements shall be applied. 

SECTION 2. DEFINITIONS

The terms used in the regulations shall, unless the context otherwise requires, have the 

following meanings: 
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 1. "Air cleaning device." Any method, process or equipment which removes, reduces 

or renders less noxious air contaminants discharged into the atmosphere. This term 

is synonymous with air pollution control device. 

 2. "Air contaminant." Particulate matter, dust, fumes, gas, mist, smoke, or vapor, or 

any combination thereof produced by processes other than natural. 

 3. "Air contamination." The presence in the outdoor ambient air of one or more air 

contaminants which contribute to a condition of air pollution. 

 4. "Air contamination source." Any source at, from, or by reason of which there is 

emitted into the ambient air any air contaminant, regardless of who the person may 

be who owns or operates the building, premises, or other property in, at, or on which 

such source is located, or the facility, equipment or other property by which the 

emission is caused or from which the emission comes. 

 5. "Air contaminant point source." Any single point of emissions of any air 

contaminant such as from an individual machine or combustion device. 

 6. "Air pollution." The presence in the outdoor ambient air of one or more air 

contaminants in quantities, of characteristic, and of a duration which are materially 

injurious or can be reasonably expected to become materially injurious to human, 

plant, or animal life or to property, or which unreasonably interfere with enjoyment 

of life or use of property throughout the State or throughout such area of the State as 

shall be affected thereby. 

 7. "Ambient air." The encompassing atmosphere existing in the matter of space and to 

which life of this earth is adapted. For the purposes of these regulations, that portion 

of the atmosphere outside of buildings, stacks, and ducts. 

 8. "Atmosphere." The air that envelopes or surrounds the earth. This term is 

synonymous with ambient air. 

 9. "Commission." The Mississippi Commission on Environmental Quality. 

10. "Excess (or excessive) emission." The operation of a facility in which the emission 

of one or more pollutants exceeds the applicable limit(s). 

11. "Fly ash." Particulate matter capable of being gasborne or airborne or carried in the 

gas stream and consisting essentially of ash, fused ash, and/or unburned material. 

12. "Ground level." Unless otherwise specified in sampling techniques, will be 

considered to be in the range of one to twenty (20) feet of ground level. For ambient 

sampling, it shall also be outside the boundaries of the property which contains the 

air pollution source. 
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13. "Incinerator." A combustion device specifically designed for the destruction by high 

temperature burning of solid, semi-solid, liquid or gaseous combustible wastes and 

from which the solid residues contain little or no combustibles. 

14. "Modification." Any physical change in, or change in the method of operation of, an 

affected facility which increases the amount of any air pollutant emitted by such 

facility or which results in the emission of any air pollutant not previously emitted, 

except that: 

(1) Routine maintenance, repair and replacement shall not be considered 

physical changes, and 

(2) An increase in the production rate or hours of operation shall not be 

considered a change in the method of operation, unless it is 

prohibited by a permit. 

15. "Multiple chamber incinerator." Any article, machine, equipment, contrivance, 

structure, or any part thereof used to dispose of combustible refuse by burning, which 

consists of three or more refractory walls, interconnected by gas passage points or 

ducts and employing adequate design parameters necessary for maximum 

combustion of the material to be burned. 

16. "Opacity." The degree to which emissions reduce the transmission of light and 

obscure the background. 

17. "Open burning." The combustion of solid waste without (1) control of combustion 

air to maintain adequate temperature for efficient combustion, (2) containment of the 

combustion reaction in an enclosed device to provide sufficient residence time and 

mixing for complete combustion, and (3) control of the emission of the combustion 

products. 

18. "Ozone Action Day." A day(s) occurring between March 1 and October 31 of each 

year which the Executive Director has designated as being conducive to high rates of 

ozone formation for a named county(ies) among DeSoto, Hancock, Harrison, and 

Jackson Counties. 

19. "Particulate matter." Any airborne finely divided solid or liquid material with an 

aerodynamic diameter smaller than 100 micrometers. 

20. "Particulate matter emissions." All finely divided solid or liquid material, other than 

uncombined water, emitted to the ambient air as measured by an applicable EPA Test 

Method, an equivalent or alternative method specified by the EPA, or by a test 

method specified in the approved State Implementation Plan. 

21. "Person." The State or other agency, or institution thereof, any municipality, 

political subdivision, public or private corporation, individual, partnership, 
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association, 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. 

22. "PM2.5" Particulate matter with an aerodynamic diameter less than or equal to a 

nominal 2.5 micrometers as measured by a reference method based on Appendix L of 

40 CFR 50 and designated in accordance with 40 CFR 53 or by an equivalent method 

designated in accordance with 40 CFR Part 53. 

23. "PM2.5 emissions." Finely divided solid or liquid material, with an aerodynamic 

diameter less than or equal to a nominal 2.5 micrometers, emitted to the ambient air 

as measured by an applicable EPA Test Method, an equivalent or alternate method 

specified by the EPA, or by a test method specified in the approved State 

Implementation Plan. 

24. "PM10." Particulate matter with an aerodynamic diameter less than or equal to a 

nominal 10 micrometers as measured by a reference method based on Appendix J of 

40 CFR 50 and designated in accordance with 40 CFR 53 or by an equivalent method 

designated in accordance with 40 CFR Part 53. 

25. "PM10 emissions." Finely divided solid or liquid material, with an aerodynamic 

diameter less than or equal to a nominal 10 micrometers, emitted to the ambient air 

as measured by an applicable EPA Test Method, an equivalent or alternate method 

specified by the EPA, or by a test method specified in the approved State 

Implementation Plan. 

26. "Process weight." The total weight of all materials introduced into a source 

operation including solid fuels and water. Excluded materials are as follows: Liquids 

and gases used solely as fuels or as a means of conveyance, liquids used as a 

pollutant removal medium, recycled process materials counted at initial introduction, 

and air introduced for purposes of combustion. 

27. "Recreational area." Recreational area means: 

a. a national, state, county, or city designated park; or 

b. an outdoor recreational area, such as a golf course or swimming pool, owned 

by a city, county, or other public agency. 

28. "Residential area." Residential area means: 

a. a group of 20 or more single family dwelling units on contiguous property 

and having an average density of two or more units per acre, or 

b. a group of 40 or more single family dwelling units on contiguous property 

and having an average density of one or more units per acre, or 
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c. a subdivision containing at least 20 constructed houses, in which the 

subdivision plat is recorded in the chancery clerk's office of the appropriate 

county. 

29. "Shutdown." The termination of operation of equipment. Relative to fuel-burning 

equipment, a shutdown shall be construed to occur only when a unit is taken from a 

fired to a non-fired state. 

30. "Smoke." Small gasborne particles resulting from incomplete combustion and 

consisting predominantly, but not exclusively, of carbon, ash, and other combustible 

material. 

31. "Soot." Aggregated particles consisting mainly of carbonaceous material. 

32. "Soot blowing." The removal by mechanical means of accumulated carbon and/or 

ash from heat transfer surfaces of an operating fuel-burning unit. 

33. "Standard conditions." Standard conditions for gas measurement and calculation will 

be a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square 

inch absolute except where set by Applicable Rules and Regulations. 

34. "Startup." The bringing into operation from a non-operative condition. Relative to 

fuel-burning equipment, a startup shall be construed to occur only when a unit is 

taken from a non-fired to a fired state. 

35. "Total reduced sulfur, (TRS)" means hydrogen sulfide, mercaptans, dimethyl sulfide, 

and any other organic sulfides present. 

36. "Total suspended particulate." Particulate matter as measured by the method 

described in Appendix B of 40 CFR 50. 

37. "Upset." An unexpected and unplanned condition of operation of the facility in 

which equipment operates outside of the normal and planned parameters. An upset 

shall not include a condition of operation caused by improperly designed equipment, 

lack of preventive maintenance, careless or improper operation, operator error, or an 

intentional startup or shutdown of equipment. 

SECTION 3. SPECIFIC CRITERIA FOR SOURCES OF PARTICULATE MATTER

1. Smoke 

(a) No person shall cause, permit, or allow the emission of smoke from a point 

source into the open air from any manufacturing, industrial, commercial or 

waste disposal process which exceeds forty (40) percent opacity subject to 

the exceptions provided in (b) & (c). 
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(b) Startup operations may produce emissions which exceed 40% opacity for up 

to fifteen (15) minutes per startup in any one hour and not to exceed three (3) 

startups per stack in any twenty-four (24) hour period. 

(c) Emissions resulting from soot blowing operations shall be permitted provided 

such emissions do not exceed 60 percent opacity, and provided further that 

the aggregate duration of such emissions during any twenty-four (24) hour 

period does not exceed ten (10) minutes per billion BTU gross heating value 

of fuel in any one hour. 

2. Equivalent Opacity. No person shall cause, allow, or permit the discharge into the 

ambient air from any point source or emissions, any air contaminant of such opacity 

as to obscure an observer's view to a degree in excess of 40% opacity, equivalent to 

that provided in Section 3.1(a). This shall not apply to vision obscuration caused by 

uncombined water droplets. 

3. General Nuisances. No person shall cause, permit, or allow the emission of particles, 

or any contaminants in sufficient amounts or of such duration from any process as to 

be injurious to humans, animals, plants, or property, or to be a public nuisance, or 

create a condition of air pollution. 

(a) No person shall cause or permit the handling or transporting or storage of any 

material in a manner which allows or may allow unnecessary amounts of 

particulate matter to become airborne. 

(b) When dust, fumes, gases, mist, odorous matter, vapors, or any combination 

thereof escape from a building or equipment in such a manner and amount as 

to cause a nuisance to property other than that from which it originated or to 

violate any other provision of this regulation, the Commission may order 

such corrected in a way that all air and gases or air and gasborne material 

leaving the building or equipment are controlled or removed prior to 

discharge to the open air. 

4. Fuel Burning 

(a) Fossil Fuel Burning. The maximum permissible emission of ash and/or 

particulate matter from fossil fuel burning installations shall be limited as 

follows: 

(1) Emissions from installations of less than 10 million BTU per hour 

heat input shall not exceed 0.6 pounds per million BTU per hour heat 

input. 

(2) Emissions from installations equal to or greater than 10 million BTU 

per hour heat input but less than 10,000 million BTU per hour heat 
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input shall not exceed an emission rate as determined by the 

relationship 

E = 0.8808 * I-0.1667

where E is the emission rate in pounds per million BTU per hour heat 

input and I is the heat input in millions of BTU per hour. 

(3) Emissions from installations equal to or greater than 10,000 million 

BTU per hour heat input shall not exceed 0.19 pounds per million 

BTU per hour heat input. 

(b) Combination Boilers. Fuel burning operations utilizing a mixture of 

combustibles such as, but not limited to, fossil fuels plus bark, oil plus bark, 

or spent wood, or water treatment by-products sludge, to produce steam or 

heat water or any other heat transfer medium through indirect means may be 

allowed emission rates up to 0.30 grains per standard dry cubic foot. 

5. Kraft Process Recovery Boilers. The emissions of particulate matter from a recovery 

furnace stack shall not exceed four (4) pounds per ton of equivalent air-dried Kraft 

pulp produced at any given time. 

6. Manufacturing Processes. 

(a) General. Except as otherwise specified, no person shall cause, permit, or 

allow the emission of particulate matter in total quantities in any one hour 

from any manufacturing process, which includes any associated stacks, vents, 

outlets, or combination thereof, to exceed the amount determined by the 

relationship 

E = 4.1 p 0.67

where E is the emission rate in pounds per hour and p is the process weight 

input rate in tons per hour. 

Conveyor discharge of coarse solid matter may be allowed if no nuisance is 

created beyond the property boundary where the discharge occurs. 

(b) Kraft Pulping Mills. All mills existing prior to January 25, 1972, and not 

modified subsequent thereto shall comply with the following emission limits: 

(1) Recovery Furnaces. The emission of particulate matter from 

recovery furnace stacks shall not exceed four pounds per ton of 

equivalent air-dried Kraft pulp. 
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(2) Lime Kilns. The emission of particulate matter from lime kilns shall 

not exceed one pound per ton of equivalent air-dried Kraft pulp. 

(3) Smelt Tanks. The emission of particulate matter from smelt tanks 

shall not exceed one-half pound per ton of equivalent air-dried Kraft 

pulp. 

7. Open Burning. The open burning of residential, commercial, institutional, or 

industrial solid waste, is prohibited. This prohibition does not apply to infrequent 

burning of agricultural wastes in the field, silvicultural wastes for forest management 

purposes, land-clearing debris, debris from emergency clean-up operations, and 

ordnance; and permitted open burning at hazardous waste disposal facilities subject 

to regulation under Subtitle C of the Federal Resource Conservation and Recovery 

Act (RCRA). 

(a) Fires set for the burning of agricultural wastes in the field and/or silvicultural 

wastes for forest management purposes must meet the following conditions. 

(1) A Permit must be obtained from the Mississippi Forestry 

Commission. 

(2) The open burning must occur within a time period allowing adequate 

diffusion of air pollutants as defined by the permit and the daily 

weather guides issued by the National Weather Forecast Office. 

(3) Starter or auxiliary fuels may consist of dried vegetation, petroleum 

derived fuels of the gasoline, kerosene, or light fuel oil types (diesel), 

or a combination thereof. Use of or burning of other combustible 

material that causes excessive visible emission (e.g., rubber tires, 

plastic materials, etc.) is prohibited. 

(b) Open burning of land-clearing debris must not use starter or auxiliary fuels 

which cause excessive smoke (rubber tires, plastics, etc.); must not be 

performed if prohibited by local ordinances; must not cause a traffic hazard; 

must not take place where there is a High Fire Danger Alert declared by the 

Mississippi Forestry Commission or Emergency Air Pollution Episode Alert 

imposed by the Executive Director and must meet the following buffer zones. 

(1) Open burning without a forced-draft air system must not occur within 

500 yards of an occupied dwelling. 

(2) Open burning utilizing a forced-draft air system on all fires to 

improve the combustion rate and reduce smoke may be done within 

500 yards of but not within 50 yards of an occupied dwelling. 
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(3) Burning must not occur within 500 yards of commercial airport 

property, private air fields, or marked off-runway aircraft approach 

corridors unless written approval to conduct burning is secured from 

the proper airport authority, owner or operator. 

(c) Permitted open burning at a hazardous waste disposal facility subject to 

regulation under Subtitle C of RCRA is considered a stationary source of air 

pollution subject to Mississippi air emission permitting regulations. 

(d) Ozone Action Days in DeSoto County, Hancock County, Harrison County 

and Jackson County. In DeSoto County, Hancock County, Harrison County, 

or Jackson County, open burning of agricultural wastes and silvicultural 

wastes described in 7(a) above, open burning of land-clearing debris 

described in 7(b) above, and permitted open burning at a hazardous waste 

disposal facility described in 7(c) above are prohibited in said county when 

an Ozone Action Day is declared by the Executive Director for the 

county(ies). Ozone Action Days shall be noticed the evening before on the 

MDEQ website at http://deq.state.ms.us, and/or with local news media. The 

Mississippi Department of Transportation, Mississippi State Forestry 

Commission and local fire officials shall also be notified the evening before 

an Ozone Action Day. 

8. Incineration. 

(a) The maximum discharge of particulate matter from any incinerator, except 

those specified in paragraph (b) or (c) of this section, or those specified in 

Section 6 and Section 12 shall not exceed 0.2 grains per standard dry cubic 

foot of flue gas calculated to twelve percent (12%) carbon dioxide by volume 

for products of combustion. This limitation shall apply when the incinerator 

is operating at design capacity. 

The carbon dioxide produced by combustion of any auxiliary fuels shall be 

excluded from the calculation to twelve percent (12%) carbon dioxide. After 

May 8, 1970, any new equipment shall be of the multiple chamber type or its 

equivalent for emission control. In critical areas where an installation is in 

close proximity to a residential area, an incinerator, except those specified in 

paragraph (b) of this section, or those specified in Section 6 and Section 12, 

shall be limited to emissions of 0.1 grains per standard dry cubic foot of flue 

gases calculated to twelve percent (12%) carbon dioxide by volume for 

products of combustion. 

(b) The maximum discharge of smoke from the incineration of waste material 

resulting totally from the ginning of cotton shall not obscure an observer's 

view to a degree in excess of 40% opacity. 
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Start-up operations may produce emissions which exceed 40% opacity for up 

to fifteen minutes per start-up in any one hour not to exceed three (3) startups in any twenty-four (24) hour period. 

After July 1, 1994, the emission limitation specified in paragraph (a) of this 

section shall also be applicable to cotton gin waste incinerators. 

(c) The emission limitation in paragraph (a) above does not apply to 

afterburners, flares, thermal oxidizers, and other similar devices used to 

reduce the emissions of air pollutants from processes. 

9. Sampling Ports. 

(a) New Equipment: The owner or operator of any new air pollution control 

equipment, obtained after May 8, 1970, and vented to the atmosphere, shall 

have necessary sampling ports and ease of accessibility. 

(b) Existing Equipment: The owner or operator of air pollution control 

equipment that is in existence prior to May 8, 1970, shall provide the 

necessary sampling ports and ease of accessibility when deemed necessary 

by the Permit Board. 

10. More Restrictive Emission Limits. The Commission reserves the right to prescribe 

more stringent emission limits as it deems necessary in problem areas. The 

expansion, alteration, or establishment of a new industry may also result in the 

prescription of more stringent emission limits. 

SECTION 4. SPECIFIC CRITERIA FOR SOURCES OF SULFUR COMPOUNDS

1. Sulfur Dioxide Emissions from Fuel Burning 

(a) The maximum discharge of sulfur oxides from any fuel burning installation 

in which the fuel is burned primarily to produce heat or power by indirect 

heat transfer shall not exceed 4.8 pounds (measured as sulfur dioxide) per 

million BTU heat input. 

(b) No person shall cause or permit the burning of fuel in any fuel burning 

equipment that results in an average emission of sulfur dioxide from any 

calendar year at a rate greater than was emitted by said fuel burning 

equipment for the corresponding calendar year 1970 unless otherwise 

authorized by the Commission. Installations under construction on January 

25, 1972, are excluded from this requirement. 

(c) The maximum discharge of sulfur dioxide from any modified fuel burning 

unit whose generation capacity is less than 250 million BTU per hour and in 

which the fuel is burned primarily to produce heat or power by indirect heat 
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transfer shall not exceed 2.4 pounds (measured as sulfur dioxide) per million 

BTU heat input. For the purposes of Section 4 of these regulations only, 

"modification" shall mean any physical change in an Air Contaminant Source 

which increases the amount of any air pollutant (to which a standard applies) 

emitted by such source or which results in the emission of any air pollutant 

(to which a standard applies) not previously emitted. 

2. Sulfur Dioxide Emissions from Processes 

(a) Except as otherwise provided herein, no person shall cause or permit the 

emission of gas containing sulfur oxides (measured as sulfur dioxide) in 

excess of 2,000 ppm (volume) from any process equipment in existence on 

January 25, 1972, or in excess of 500 ppm (volume) from any process 

equipment constructed after January 25, 1972. The 500 ppm (volume) 

requirement shall apply for equipment constructed after January 25, 1972 

unless otherwise provided by the Commission. 

(b) Except as otherwise provided in paragraph 2(f)(1), no person shall cause or 

permit the emission of any gas stream which contains hydrogen sulfide in 

excess of one grain per 100 standard cubic feet. 

Gas streams containing hydrogen sulfide in excess of one grain per 100 

standard cubic feet shall be incinerated at temperatures of not less than 

1600o

F for a period of not less than 0.5 seconds, or processed in such manner 

which is equivalent to or more effective for the removal of hydrogen sulfide. 

Sulfur dioxide concentration limitations in the gas streams resulting from 

such incineration or processing shall be determined for each emission point 

on a case-by-case basis to insure that the resulting maximum ground level 

concentration of sulfur dioxide as determined by acceptable method or 

methods will be in compliance with the National Ambient Air Quality 

Standards for sulfur dioxide. Testing to determine the productive capacity of 

new fields shall be exempted from emission limitation provisions of the 

paragraph of the regulation providing such testing has been previously 

negotiated and approved by the Mississippi Office of Pollution Control. 

This regulation shall not apply to sulfur recovery plants. 

(c) No person shall cause or permit acid mist emissions from sulfuric acid 

manufacturing plants to exceed 0.5 pounds/ton of acid produced. Sulfur 

trioxide emissions from sulfuric acid manufacturing plants shall not exceed 

0.2 pounds/ton of acid produced. 

(d) No person shall cause or permit emission of sulfur oxides, calculated as 

sulfur dioxide, from a sulfur recovery plant to exceed 0.12 pounds per pound 

of sulfur processed. 
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(e) No person shall cause or permit emissions of sulfur oxides, calculated as 

sulfur dioxide, from primary nonferrous smelters, in excess of the emission 

calculated as follows: 

Copper smelters: Y = 0.2X 

Zinc smelters: Y = 0.564X0.85

Lead smelters: Y = 0.98X0.77

Where X is the total sulfur fed to the smelter in pounds/hour and Y is the 

allowable sulfur emissions in pounds/hour. 

(f) Kraft Pulp Mills 

1. All mills existing prior to November 1, 1987, and not modified 

subsequent thereto, excluding mills or facilities subject to New 

Source Performance Standards, shall control the emission of total 

reduced sulfur compounds (TRS) so as to not exceed the emission 

limits set forth below: 

a. Straight recovery boiler systems - twenty (20) parts per 

million TRS, expressed as hydrogen sulfide on a dry gas basis 

corrected to 8% oxygen, on a 12-hour average basis, except 

that: 

i. the International Paper Company, Vicksburg, 

Mississippi, shall be allowed 40 parts per million 

TRS, expressed as hydrogen sulfide on a dry gas basis 

corrected to 8% oxygen, on a 12-hour average basis, 

ii. the International Paper Company, Natchez, 

Mississippi, Recovery Boilers 4 & 5, shall be allowed 

40 parts per million TRS, expressed as hydrogen 

sulfide on a dry gas basis corrected to 8% oxygen, on 

a 12-hour average basis, and 

iii. the Georgia-Pacific Corporation, Monticello, 

Mississippi, shall be allowed 40 parts per million 

TRS, expressed as hydrogen sulfide on a dry gas basis 

corrected to 8% oxygen, on a 12-hour average basis. 

b. Lime kiln systems - twenty (20) parts per million of TRS, 

expressed as hydrogen sulfide on a dry gas basis corrected to 

10% oxygen, on a 12-hour average basis. 
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c. Digester systems - five (5) parts per million of TRS, 

expressed as hydrogen sulfide on a dry gas basis corrected to 

10% oxygen, on a 12-hour average basis. 

d. Multiple effect evaporator systems - five (5) parts per million 

of TRS, expressed as hydrogen sulfide on a dry gas basis 

corrected to 10% oxygen, on a 12-hour average basis. 

e. Condensate stripper systems - five (5) parts per million of 

TRS, expressed as hydrogen sulfide on a dry gas basis 

corrected to 10% oxygen, on a 12-hour average basis. 

f. Smelt dissolving tank - 0.016 gram of TRS, expressed as 

hydrogen sulfide on a dry gas basis, per kilogram of black 

liquor solids (dry weight). 

g. Equivalent control systems (controls for treating collected 

noncondensible gases in a manner equivalent to incineration 

in a lime kiln) - five (5) parts per million TRS, expressed as 

hydrogen sulfide on a dry gas basis, corrected to the actual 

oxygen content of the untreated gas stream, on a 12-hour 

average basis. 

2. All mills, as defined above, shall, by February 1, 1988, demonstrate 

compliance with the TRS emission limits set forth above. 

Compliance demonstration for recovery boilers, lime kilns, smelt 

tanks, and equivalent control systems for collected noncondensible 

gases shall be by testing in accordance with EPA Test Method 16 or 

16A and submittal of a stack test report. Compliance demonstration 

for digester systems, multiple effect evaporator systems and 

condensate stripper systems shall be by certification that these 

systems are fully connected to a noncondensible gas collection 

system followed by incineration in the lime kiln or equivalent control 

and testing of lime kiln or equivalent control as specified above. A 

compliance schedule may be submitted, as set forth below, on any or 

all systems not expected to comply with the emission limit and such 

submittal will negate the requirement for immediate compliance 

demonstration, as referenced above, on those systems. 

Any mill defined above which, on November 1, 1987, is unable to 

comply with the emission limits set forth above, shall, within three 

(3) months thereafter, submit a schedule for attaining compliance 

with these limits. The compliance schedule shall not extend past 

November 1, 1990. Compliance with emission limits shall be 

demonstrated by the methods specified above, as appropriate, no later 

than the end of the compliance schedule. Compliance demonstration 
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for recovery boilers, lime kilns, smelt tanks, and equivalent control 

systems for collected noncondensible gases shall be by testing in 

accordance with EPA Test Method 16 or 16A and submittal of a 

stack test report. Compliance demonstration for digester systems, 

multiple effect evaporator systems and condensate stripper systems 

shall be by certification that these systems are fully connected to a 

noncondensible gas collection system followed by incineration in the 

lime kiln or equivalent control and testing of lime kiln or equivalent 

control as specified above. 

3. All mills, as defined above, shall monitor the emission of TRS and/or 

other gas constituents as described below: 

a. The TRS emission concentration in recovery boiler flue gas 

shall be monitored by either: 

i. A continuous monitoring device which meets the 

requirements of 40 CFR 60, Performance 

Specification 5; or 

ii. Performance of EPA Method 16 or 16A on no less 

than a (calendar) quarterly basis. 

b. The oxygen concentration in recovery boiler flue gas shall be 

continuously monitored by a device which meets the 

requirements of 40 CFR 60, Performance Specification 3. 

c. The TRS concentration in lime kiln flue gas shall be 

continuously monitored by a device which meets the 

requirements of 40 CFR 60, Performance Specification 5. 

d. The oxygen concentration in lime kiln flue gas shall be 

continuously monitored by a device which meets the 

requirements of 40 CFR 60, Performance Specification 3. 

All mills, as defined above, shall obtain the necessary continuous 

monitoring equipment and begin monitoring by November 1, 1988, 

or no later than the date of final compliance with the regulation, if 

compliance is not immediate. For mills choosing to use EPA 

Method 16 or 16A for recovery boiler monitoring, the necessary 

equipment and/or monitoring capability must be obtained by 

February 1, 1988. Also, when Method 16 or 16A is used, each 

successive quarter's testing shall be separated from the previous 

quarter's by a period of not less than sixty (60) days and prior notice 

to the Mississippi Office of Pollution Control of all testing shall be 

made. 
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All mills, as defined above, shall calculate and record, on a daily 

basis, the 12-hour average TRS concentration and O2 concentration 

for the two consecutive operating periods of each operating day for 

both the recovery boiler (if continuously monitored) and lime kiln. 

Each 12-hour average shall be determined as the arithmetic mean of 

the appropriate 12 continuous 1-hour average concentrations. Each 

12-hour average TRS concentration shall be corrected to 10%, or 8% 

O2, as appropriate to the emission limit, using the equation defined in 

40 CFR 60.284(c)(3). 

All mills, as defined above, shall report, for each calendar quarter, the 

periods of emissions which exceed the TRS limits specified above 

from the recovery boiler and lime kiln. The report shall specify the 

12-hour period of each exceedance by time and date, the average 

emissions concentration for the period, and total number of 12-hour 

periods of mill operation during the quarter. The report shall also 

detail all outages of the monitoring devices by time and date. The 

report shall be due within forty-five (45) days following the end of 

the calendar quarter. 

SECTION 5. SPECIFIC CRITERIA FOR SOURCES OF CHEMICAL EMISSIONS

1. Fluorides. No person shall allow the emission of fluorides into the ambient air in 

excess of four-tenths (0.4) pound per ton of P2O5 or equivalent. The allowable 

emission of fluorides shall be calculated by multiplying the unit emission, specified 

above, times the expressed design production capacity of the installation or plant. 

2. Miscellaneous Chemical Emissions. No person shall cause, permit, or allow the 

emission of toxic, noxious, or deleterious substances, in addition to those considered 

in these regulations, into the ambient air in concentrations sufficient to affect human 

health and well-being, or unreasonably interfere with the enjoyment of property or 

unreasonably and adversely affect plant or animal life beyond the boundaries of the 

property containing the air pollution source. 

SECTION 6. NEW SOURCES

The provisions of this section apply to the owner or operator of any source listed herein, the 

construction or modification of which is commenced after the date of adoption of specific 

emission limitations applicable to such source. 

1. Kraft Pulping Mills. All sources shall minimize gaseous and particulate emission by 

use of modern equipment, devices, maintenance, and operating practices in 

accordance with best current technology. In no case shall emissions exceed the 

limits set forth in any applicable Federal Standard of Performance for New 

Stationary Sources. 
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2. Other Limitations. The Mississippi Pollution Control Permit Board, in accordance 

with Commission Regulation APC-S-2, may require more stringent emission 

limitations which it deems necessary to meet applicable national primary and 

secondary ambient air quality standards, necessary to insure that ambient air 

pollution concentrations do not exceed ambient air increments or violate other 

requirements under Federal Prevention of Significant Deterioration (PSD) 

regulations promulgated by the U.S. Environmental Protection Agency as of 

August 23, 1989, pursuant to Section 160 through 169 of the Federal Clean Air Act 

as amended, or necessary to meet other Federal law or regulations enacted or 

promulgated subsequent to this regulation. 

3. New Source Performance Standards. The Federal New Source Performance 

Standards are those duly promulgated by the U.S. Environmental Protection Agency 

in (or to be printed in) 40 C.F.R. Part 60, pursuant to Section 111 of the Federal 

Clean Air Act, as amended, and Consolidated Federal Air Rule provisions duly 

promulgated by the U.S. Environmental Protection Agency in (or to be printed in) 40 

C.F.R Part 65. All such regulations promulgated by the U.S. Environmental 

Protection Agency as of October 3, 2008September 13, 2010, are incorporated herein 

and adopted by reference by the Commission as official regulations of the State of 

Mississippi and shall hereafter be enforceable as such (except the word 

"Administrator" in said standards and general implementing regulations shall be 

replaced by the words "Executive Director" and the word "Agency" shall be replaced 

by the word "Department".) Hereafter, any facility subject to the Federal New 

Source Performance Standards shall comply with the emission limitations and other 

requirements of said standards. 

4. Additional Requirements for Infectious Waste Incineration. 

a. Infectious waste incinerators which incinerate only those wastes generated 

on-site and are installed after December 9, 1993, shall comply with the 

following: 

i. Daily records shall be kept of the times of operation, quantity of 

wastes incinerated and the temperature of the secondary chamber 

which temperature shall be monitored continuously. Records shall be 

maintained on hand for at least two (2) years. 

ii. Only wastes generated on-site may be incinerated. Disposal of 

wastes from off-site shall cause the incinerator to be classified as a 

commercial incinerator and, therefore, subject to the requirements 

applicable to such units. 

b. Commercial Incinerators. For purposes of this regulation, a commercial 

incinerator is any infectious waste incinerator that incinerates wastes other 

than or in addition to wastes generated on-site. A commercial infectious 
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waste incinerator installed or modified after December 9, 1993, shall comply 

with the following: 

i. A manifest system, including a detailed description of the waste 

collection and transportation system shall be employed. Daily 

records shall be kept of the times of incinerator operation, quantity of 

wastes incinerated and temperature of the secondary chamber which 

temperature shall be monitored continuously. Records shall be 

maintained on hand for at least two (2) years. 

ii. Notwithstanding the requirements of Section 6.4.b.i and Section 12, 

the Permit Board may in any permit, in accordance with Regulation 

APC-S-2, establish more stringent requirements for emissions, 

operating parameters, monitoring, and recordkeeping subject to the 

provisions of Miss. Code Ann. 49-17-34(2) and (3). 

SECTION 7. EXCEPTIONS

If any single source of emission or combination of sources of emissions is found to 

compromise the ambient air quality in the State, beyond the limitations set forth in any 

national primary and secondary ambient air quality standards now or hereafter established by 

the Administrator of the Environmental Protection Agency pursuant to the Clean Air Act as 

amended December 31, 1970, (Public Law 91-640) notwithstanding compliance with any 

maximum allowable emission rate allowed by this regulation, the Mississippi Commission 

on Environmental Quality may require such further reduction in emission from this or these 

sources as is necessary to obtain compliance with said national primary and secondary 

ambient air quality standards. 

SECTION 8. PROVISIONS FOR HAZARDOUS AIR POLLUTANTS 

1. Hazardous Air Pollutant Emission Standards 

Hazardous air pollutant emission standards are National Emission Standards for 

Hazardous Air Pollutants duly promulgated by the U. S. Environmental Protection 

Agency in (or to be printed in) 40 C.F.R. Part 61 pursuant to Section 112 of the 

Federal Clean Air Act, as amended; National Emission Standards for Hazardous Air 

Pollutants for Source Categories duly promulgated by the U.S. Environmental 

Protection Agency in (or to be printed in) 40 C.F.R. Part 63 pursuant to Section 112 

of the Federal Clean Air Act, as amended; and Consolidated Federal Air Rule 

provisions duly promulgated by the U.S. Environmental Protection Agency in (or to 

be printed in) 40 C.F.R. Part 65. All such regulations promulgated by the U.S. 

Environmental Protection Agency as of October 3, 2008September 13, 2010, are 

incorporated herein and adopted by reference by the Commission as official 

regulations of the State of Mississippi and shall hereafter be enforceable as such 

(except the word "Administrator" in said standards and general implementing 

regulations shall be replaced by the words "Executive Director" and the word 
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"Agency" shall be replaced by the word "Department"). Hereafter, any facility 

subject to the National Emission Standards for Hazardous Air Pollutants and/or the 

National Emission Standards for Hazardous Air Pollutants for Source Categories 

shall comply with the emission limitations and other requirements of said standards. 

2. National Emission Standards for Hazardous Air Pollutants; Compliance Extensions 

for Early Reductions. 

The National Emission Standards for Hazardous Air Pollutants: Compliance 

Extensions for Early Reductions are regulations duly promulgated by the U.S. 

Environmental Protection Agency in (or to be printed in) 40 C.F.R. Part 63 pursuant 

to Section 112 of the Federal Clean Air Act, as amended. All such regulations 

promulgated by the U.S. Environmental Protection Agency are incorporated herein 

and adopted by reference by the Commission as official regulations of the State of 

Mississippi and shall hereafter be enforceable as such. 

3. Case by Case Maximum Achievable Control Technology Requirements 

The Mississippi Pollution Control Permit Board, in accordance with Commission 

Regulation APC-S-6, may require emissions limitations necessary to meet case by 

case maximum achievable control technology ("MACT") requirements in accordance 

with Section 112(j) and (g) of the Federal Act. 

4. Mercury Emissions from Electric Utilities. 

Mercury emissions from electric utilities are regulated in accordance with the 

Emission Guidelines for the Control of Mercury Emissions from Coal-Fired Electric 

Steam Generating Units promulgated by the U.S. Environmental Protection Agency 

in 40 CFR Part 60, Subpart HHHH, pursuant to Section 111 of the Federal Clean Air 

Act, as amended. All such regulations duly promulgated by the U.S. Environmental 

Protection Agency as of October 3, 2008, are incorporated herein and adopted by 

reference by the Commission as official regulations of the State of Mississippi and 

shall hereafter be enforceable as such, except for the changes noted in (a) and (b). 

Hereafter, any facility subject to the Federal Emission Guidelines shall comply with 

all applicable requirements of the regulation. 

(a) The phrase "permitting authority" shall mean "Mississippi Environmental 

Quality Permit Board" except when used in the definitions of "Allocate or 

allocation" and "Hg allowance" in 40 CFR 60.4102. 

(b) The permitting authority will allocate mercury allowances in accordance with 

the procedures outlined in 40 CFR 60.4142 and by the dates specified in 40 

CFR 60.4141. 

SECTION 9. STACK HEIGHT CONSIDERATIONS
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1. Definitions 

(a) "Emission limitation" and "emission standard." A requirement established 

which limits the quantity, rate, or concentration of emissions of air pollutants 

on a continuous basis, including any requirements which limit the level of 

opacity, prescribe equipment, set fuel specifications, or prescribe operation or 

maintenance procedures for a source to assure continuous emission 

reduction. 

(b) "Stack." Any point in a source designed to emit solids, liquids, or gases into 

the air, including a pipe or duct but not including flares. 

(c) "A stack in existence." The owner or operator had either: 

(1) Begun, or caused to begin, a continuous program of physical on-site 

construction of the stack, or 

(2) Entered into binding agreements or contractual obligations, which 

could not be cancelled or modified without substantial loss to the 

owner or operator, to undertake a program of construction of the 

stack to be completed in a reasonable time. 

(d) "Dispersion technique." Any technique which attempts to affect the 

concentration of a pollutant in the ambient air by using that portion of a stack 

which exceeds good engineering practice stack height, varying the rate of 

emission of a pollutant according to atmospheric conditions or ambient 

concentrations of that pollutant, or increasing final exhaust gas plume rise by 

manipulating source process parameters, exhaust gas parameters, stack 

parameters, or combining exhaust gases from several existing stacks into one 

stack; or other selective handling of exhaust gas streams so as to increase the 

exhaust gas plume rise. The preceding sentence does not include: 

(1) The reheating of a gas stream, following use of a pollution control 

system, for the purpose of returning the gas to the temperature at 

which it was originally discharged from the facility generating the 

gas stream: 

(2) The merging of exhaust gas streams where: 

(i) The source owner or operator demonstrates that the facility 

was originally designed and constructed with such merged 

gas streams; 

(ii) After July 8, 1985, such merging is part of a change in 

operation at the facility that includes the installation of 

pollution controls and is accompanied by a net reduction in 
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the allowable emissions of a pollutant. This exclusion from 

the definition of "dispersion techniques" shall apply only to 

the emission limitation for the pollutant affected by such 

change in operation; or 

(iii) Before July 8, 1985, such merging was part of a change in 

operation at the facility that included the installation of 

emissions control equipment or was carried out for sound 

economic or engineering reasons. Where there was an 

increase in the emission limitation or, in the event that no 

emission limitation was in existence prior to the merging, an 

increase in the quantity of pollutants actually emitted prior to 

the merging, the reviewing agency shall presume that 

merging was significantly motivated by an intent to gain 

emissions credit for greater dispersion. Absent a 

demonstration by the source owner or operator that merging 

was not significantly motivated by such intent, the reviewing 

agency shall deny credit for the effects of such merging in 

calculating the allowable emissions for the source; 

(3) The use of smoke management in agricultural or silvicultural 

prescribed burning programs; or 

(4) Episodic restrictions on residential woodburning and open burning; 

or 

(5) Techniques under Paragraph 9.1(d) which increase final exhaust gas 

plume rise where the resulting allowable emissions of sulfur dioxide 

from the facility do not exceed 5,000 tons per year. 

(e) "Good engineering practice (GEP) stack height." The greater of: 

(1) 65 meters measured from the ground-level elevation at the base of the 

stack; 

(2) (i) For stacks in existence on January 12, 1979, and for which 

the owner or operator had obtained all applicable 

preconstruction permits or approvals required, Hg = 2.5 H, 

provided the owner or operator produces evidence that this 

equation was actually relied on in establishing an emission 

limitation; 

(ii) For all other stacks, 

Hg = H + 1.5L, where 
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Hg = good engineering practice stack height, 

measured from the ground-level elevation at 

the base of the stack, 

H = height of nearby structure(s) measured from 

the ground-level elevation at the base of the 

stack, and 

L = lesser dimension (height or projected width) 

of nearby structure(s), 

provided that the U. S. Environmental Protection 

Agency or the Commission may require the use of a 

field study or fluid model to verify GEP stack height 

for the source; or 

(3) The height demonstrated by a fluid model or a field study approved 

by the U. S. Environmental Protection Agency or the Commission, 

which ensures that the emissions from a stack do not result in 

excessive concentrations of any air pollutant as a result of 

atmospheric downwash, wakes, or eddy effects created by the source 

itself, nearby structures, or nearby terrain features. 

(f) "Nearby," As used in Paragraph 9.1(e)(2)(ii) is defined for a specific 

structure or terrain feature and means: 

(1) For purposes of applying the formulae provided in 

Paragraph 9.1(e)(2) that distance up to five times the lesser of the 

height or the width dimension of a structure, but not greater than 

0.8 km (1/2 mile), and 

(2) For conducting demonstrations under Paragraph 9.1(e)(3) that 

distance not greater than 0.8 km (1/2 mile), except that the portion of 

a terrain feature may be considered to be nearby which falls within a 

distance of up to 10 times the maximum height (Ht) of the feature, 

not to exceed 2 miles if such feature achieves a height (ht) 0.8 km 

from the stack that is at least 40 percent of the GEP stack height 

determined by the formulae provided in Paragraph 9.1(e)(2)(ii) of this 

part or 26 meters, whichever is greater, as measured from the groundlevel elevation at the base of the stack. The height of the structure or 

terrain feature is measured from the ground-level elevation at the 

base of the stack. 

(g) "Excessive concentration." For the purpose of determining good engineering 

practice stack height under Paragraph 9.1(e)(3), excessive concentration 

means: 
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(1) For sources seeking credit for stack height exceeding that established 

under Paragraph 9.1(e)(2), a maximum ground-level concentration 

due to emissions from a stack due in whole or part to downwash, 

wakes, and eddy effects produced by nearby structures or nearby 

terrain features which individually is at least 40 percent in excess of 

the maximum concentration experienced in the absence of such 

downwash, wakes, or eddy effects and which contributes to a total 

concentration due to emissions from all sources that is greater than an 

ambient air quality standard. For sources subject to the Prevention of 

Significant Deterioration program, an excessive concentration 

alternatively means a maximum ground-level concentration due to 

emissions from a stack due in whole or part to downwash, wakes, or 

eddy effects produced by nearby structures or nearby terrain features 

which individually is at least 40 percent in excess of the maximum 

concentration experienced in the absence of such downwash, wakes, 

or eddy effects and greater than a prevention of significant 

deterioration increment. The allowable emission rate to be used in 

making demonstrations under this part shall be prescribed by the new 

source performance standard that is applicable to the source category 

unless the owner or operator demonstrates that this emission rate is 

infeasible. Where such demonstrations are approved by the U. S. 

Environmental Protection Agency or the Commission, an alternative 

emission rate shall be established in consultation with the source 

owner or operator. 

(2) For sources seeking credit after October 11, 1983, for increases in 

existing stack heights up to the heights established under 

Paragraph 9.1(e)(2), either a maximum ground-level concentration 

due in whole or part to downwash, wakes, or eddy effects as provided 

in Paragraph 9.1(g)(1) of this section, except that the emission rate 

specified by the State implementation plan (or, in the absence of such 

a limit, the actual emission rate) shall be used, or the actual presence 

of a local nuisance caused by the existing stack, as determined by the 

Commission, and 

(3) For sources seeking credit after January 12, 1979, for a stack height 

determined under Paragraph 9.1(e)(2) where the U. S. Environmental 

Protection Agency or the Commission requires the use of a field 

study or fluid model to verify GEP stack height, for sources seeking 

stack height credit after November 9, 1984, based on the 

aerodynamic influence of cooling towers, and for sources seeking 

stack height credit after December 31, 1970, based on the 

aerodynamic influence of structures not adequately represented by 

the equations in Paragraph 9.1(e)(2), a maximum ground-level 

concentration due in whole or part to downwash, wakes, or eddy 
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effects that is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy 

effects. 

2. Stack Height Effect on Emission Limitations 

(a) The degree of emission limitation required of any source for control of any 

air pollutants shall not be affected by so much of any source's stack height 

that exceeds good engineering practice (GEP) or by any other dispersion 

technique, except as provided in (b) of this paragraph. 

(b) The provisions of Paragraph 9.2(a) shall not apply to stack heights in 

existence, or dispersion techniques implemented, prior to December 31, 

1970, except where pollutants are being emitted from such stacks or using 

such dispersion techniques by sources, as defined in Section 111(a)(3) of the 

Clean Air Act, which were constructed, or reconstructed or for which major 

modifications, as defined pursuant to Section 6, New Sources, were carried 

out after December 31, 1970. 

(c) If any existing source, after appropriate application of the preceding 

limitations and provisions, is found to exceed or potentially exceed an air 

quality standard or increment, as appropriate, when operating within 

previously established emission limitations, the emission limitations 

applicable to that source shall be modified so as to eliminate and prevent the 

exceedance. 

(d) If any new source or source modification, after appropriate application of the 

preceding limitations and provisions, is predicted to exceed an air quality 

standard, or increment, as appropriate, when considered as operating under 

emission limitations consistent with other Applicable Rules and Regulations, 

the emission limitations considered shall be deemed inadequate and different 

emission limits, based on air quality considerations, shall be made applicable. 

(e) If any source provides a field study or fluid modeling demonstration 

proposing a GEP stack height greater than that allowed by 

Paragraph 9.1(e)(1) and (2), then the public will be notified of the availability 

of the study and provided the opportunity for a public hearing before any new 

or revised emission limitation or permit is approved. 

(f) The actual stack height used or proposed by a source shall not be restricted in 

any manner by requirements of this paragraph. 

SECTION 10. PROVISIONS FOR UPSETS, STARTUPS, AND SHUTDOWNS

1. Upsets 
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(a) The occurrence of an upset as defined in Section 2 constitutes an affirmative 

defense to an enforcement action brought for noncompliance with emission 

standards or other requirements of Applicable Rules and Regulations or any 

applicable permit if the source demonstrates through properly signed 

contemporaneous operating logs, or other relevant evidence that include 

information as follows: 

(1) an upset occurred and that the source can identify the cause(s) of the 

upset; 

(2) the source was at the time being properly operated; 

(3) during the upset the source took all reasonable steps to minimize 

levels of emissions that exceeded the emission standards, or other 

requirements of Applicable Rules and Regulations or any applicable 

permit; 

(4) the source submitted notice of the upset to the DEQ within 5 working 

days of the time the upset began; and 

(5) the notice of the upset shall contain a description of the upset, any 

steps taken to mitigate emissions, and corrective actions taken. 

(b) In any enforcement proceeding, the source seeking to establish the 

occurrence of an upset has the burden of proof. 

(c) This provision is in addition to any upset provision contained in any 

applicable requirement. 

2. Startups and Shutdowns 

(a) Startups and shutdowns are part of normal source operation. Emissions 

limitations applicable to normal operation apply during startups and 

shutdowns except as follows: 

(1) when sudden, unavoidable breakdowns occur during a startup or 

shutdown, the event may be classified as an upset subject to the 

requirements above; 

(2) when a startup or shutdown is infrequent, the duration of excess 

emissions is brief in each event, and the design of the source is such 

that the period of excess emissions cannot be avoided without 

causing damage to equipment or persons; or 
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(3) when the emissions standards applicable during a startup or shutdown 

are defined by other requirements of Applicable Rules and 

Regulations or any applicable permit. 

(b) In any enforcement proceeding, the source seeking to establish the 

applicability of any exception during a startup or shutdown has the burden of 

proof. 

(c) In the event this startup and shutdown provision conflicts with another 

applicable requirement, the more stringent requirement shall apply. 

3. Maintenance. 

(a) Maintenance should be performed during planned shutdown or repair of 

process equipment such that excess emissions are avoided. Unavoidable 

maintenance that results in brief periods of excess emissions and that is 

necessary to prevent or minimize emergency conditions or equipment 

malfunctions constitutes an affirmative defense to an enforcement action 

brought for noncompliance with emission standards, or other regulatory 

requirements if the source can demonstrate the following: 

(1) the source can identify the need for the maintenance; 

(2) the source was at the time being properly operated; 

(3) during the maintenance the source took all reasonable steps to 

minimize levels of emissions that exceeded the emission standards, or 

other requirements of Applicable Rules and Regulations or any 

applicable permit; 

(4) the source submitted notice of the maintenance to the DEQ within 5 

working days of the time the maintenance began or such other times 

as allowed by DEQ; and 

(5) the notice shall contain a description of the maintenance, any steps 

taken to mitigate emissions, and corrective actions taken. 

(b) In any enforcement proceeding, the source seeking to establish the 

applicability of this section has the burden of proof. 

(c) In the event this maintenance provision conflicts with another applicable 

requirement, the more stringent requirement shall apply. 

SECTION 11. SEVERABILITY 

If any provision, section, subsection, sentence, clause or phrase of any of these regulations, 
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or the application of same to any person or set of circumstances is for any reason challenged 

or held to be invalid or void, the validity of the remaining regulations and/or portions thereof 

or their application to other persons or sets of circumstances shall not be affected thereby. 

SECTION 12. PROVISIONS FOR EXISTING HOSPITAL/MEDICAL/INFECTIOUS 

WASTE INCINERATORS 

1. Applicability. 

(a) Except as provided in subparagraphs (b) through (h) of this paragraph, the 

designated or affected facility to which Section 12 applies is each individual 

hospital/medical/infectious waste incinerator (HMIWI) for which 

construction was commenced on or before June 20, 1996. 

(b) A combustor is not subject to Section 12 of these regulations during periods 

when only pathological waste, low-level radioactive waste, and/or 

chemotherapeutic waste is burned, provided the owner or operator of the 

combustor: 

(1) Notifies the Department of an exemption claim; and 

(2) Keeps records on a calendar quarter basis of the periods of time when 

only pathological waste, low-level radioactive waste, and/or 

chemotherapeutic waste is burned. 

(c) Any co-fired combustor is not subject to Section 12 of these regulations if the 

owner or operator of the co-fired combustor: 

(1) Notifies the Department of an exemption claim; 

(2) Provides an estimate of the relative weight of hospital waste, 

medical/infectious waste, and other fuels and/or wastes to be 

combusted; and 

(3) Keeps records on a calendar quarter basis of the weight of hospital 

waste and medical/infectious waste combusted, and the weight of all 

other fuels and wastes combusted at the co-fired combustor. 

(d) Any combustor required to have a permit under Section 3005 of the Solid 

Waste Disposal Act is not subject to Section 12 of these regulations. 

(e) Any combustor which meets the applicability requirements in standards or 

guidelines for certain municipal waste combustors under Subpart Cb, Ea, or 

Eb of 40 C.F.R. 60 is not subject to Section 12 of these regulations. 

(f) Any pyrolysis unit is not subject to Section 12 of these regulations. 
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(g) Cement kilns firing hospital waste and/or medical/infectious waste are not 

subject to Section 12 of these regulations. 

(h) Physical or operational changes made to an existing HMIWI unit solely for 

the purpose of complying with Section 12 of these regulations are not 

considered a modification and do not result in an existing HMIWI unit 

becoming subject to the new source provisions under Section 6 of these 

regulations and Subpart Ec of 40 C.F.R. 60. 

(i) Each existing HMIWI is subject to the permitting requirements in Air 

Emissions Operating Permit Regulations for the Purposes of Title V of the 

Federal Clean Air Act, APC-S-6. Each owner and operator of an existing 

HMIWI shall submit an application for a Title V permit to the Department by 

December 15, 1999. 

(j) Beginning September 15, 2000, designated facilities subject to Section 12 of 

these regulations shall operate pursuant to a permit issued under Air 

Emissions Operating Permit Regulations for the Purposes of Title V of the 

Federal Clean Air Act, APC-S-6. 

2. For the purpose of the requirements in Section 12 of these regulations, the following 

definitions apply: 

(a) "Administrator of EPA" means the Administrator of the United States 

Environmental Protection Agency or his authorized representative. 

(b) "Batch HMIWI" means an HMIWI that is designed such that neither waste 

charging nor ash removal can occur during combustion. 

(c) "Biologicals" means preparations made from living organisms and their 

products, including vaccines, cultures, etc., intended for use in diagnosing, 

immunizing, or treating humans or animals or in research pertaining thereto. 

(d) "Blood Products" means any product derived from human blood, including 

but not limited to blood plasma, platelets, red or white blood corpuscles, and 

other derived licensed products, such as interferon, etc. 

(e) "Body Fluids" means liquid emanating or derived from humans and limited 

to blood; dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and 

pericardial fluids; and semen and vaginal secretions. 

(f) "Bypass stack" means a device used for discharging combustion gases to 

avoid severe damage to the air pollution control device or other equipment. 
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(g) "Chemotherapeutic waste" means waste material resulting from the 

production or use of antineoplastic agents used for the purpose of stopping or 

reversing the growth of malignant cells. 

(h) "Co-fired combustor" means a unit combusting hospital waste and/or 

medical/infectious waste with other fuels or wastes (e.g., coal, municipal 

solid waste) and subject to an enforceable requirement limiting the unit to 

combusting a fuel feed stream, 10 percent or less of the weight of which is 

comprised, in aggregate, of hospital waste and medical/infectious waste as 

measured on a calendar quarter basis. For purposes of this definition, 

pathological waste, chemotherapeutic waste, and low-level radioactive waste 

are considered "other" wastes when calculating the percentage of hospital 

waste and medical/infectious waste combusted. 

(i) "Continuous emission monitoring system or CEMS" means a monitoring 

system for continuously measuring and recording the emissions of a pollutant 

from an affected facility. 

(j) "Continuous HMIWI" means an HMIWI that is designed to allow waste 

charging and ash removal during combustion. 

(k) "Dioxins/furans" means the combined emissions of tetra-through octachlorinated dibenzo-para-dioxins and dibenzofurans, as measured by EPA 

Reference Method 23. 

(l) "Dry scrubber" means an add-on air pollution control system that injects dry 

alkaline sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to 

react with and neutralize acid gases in the HMIWI exhaust stream forming a 

dry powder material. 

(m) "Fabric filter or baghouse" means an add-on air pollution control system that 

removes particulate matter (PM) and nonvaporous metals emissions by 

passing flue gas through filter bags. 

(n) "Facilities manager" means the individual in charge of purchasing, 

maintaining, and operating the HMIWI or the owner’s or operator’s 

representative responsible for the management of the HMIWI. Alternative 

titles may include Director of Facilities or Vice President of Support 

Services. 

(o) "High-air phase" means the stage of the batch operating cycle when the 

primary chamber reaches and maintains maximum operating temperatures. 

(p) "Hospital" means any facility which has an organized medical staff, 

maintains at least six inpatient beds, and where the primary function of the 

institution is to provide diagnostic and therapeutic patient services and 
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continuous nursing care primarily to human inpatients who are not related 

and who stay on average in excess of 24 hours per admission. This definition 

does not include facilities maintained for the sole purpose of providing 

nursing or convalescent care to human patients who generally are not acutely 

ill but who require continuing medical supervision. 

(q) "Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit" 

means any device that combusts any amount of hospital waste and/or 

medical/infectious waste. 

(r) "Hospital/medical/infectious waste incinerator operator or HMIWI operator" 

means any person who operates, controls, or supervises the day-to-day 

operation of an HMIWI. 

(s) "Hospital waste" means discards generated at a hospital, except unused items 

returned to the manufacturer. The definition of hospital waste does not 

include human corpses, remains, and anatomical parts that are intended for 

interment or cremation. 

(t) "Infectious agent" means any organism (such as a virus or bacteria) that is 

capable of being communicated by invasion and multiplication in body 

tissues and capable of causing disease or adverse health impacts in humans. 

(u) "Intermittent HMIWI" means an HMIWI that is designed to allow waste 

charging, but not ash removal, during combustion. 

(v) "Large HMIWI" means: 

(1) Except as provided in subparagraph (2); 

(i) An HMIWI whose maximum design waste burning capacity 

is more than 500 pounds per hour; or 

(ii) A continuous or intermittent HMIWI whose maximum charge 

rate is more that 500 pounds per hour; or 

(iii) A batch HMIWI whose maximum charge rate is more that 

4,000 pounds per day. 

(2) The following are not large HMIWI: 

(i) A continuous or intermittent HMIWI whose maximum charge 

rate is less than or equal to 500 pounds per hour; or 

(ii) A batch HMIWI whose maximum charge rate is less than or 

equal to 4,000 pounds per day. 
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(w) "Low-level radioactive waste" means waste material which contains 

radioactive nuclides emitting primarily beta or gamma radiation, or both, in 

concentrations or quantities that exceed applicable Federal or State standards 

for unrestricted release. Low-level radioactive waste is not high-level 

radioactive waste, spent nuclear fuel, or by-product material as defined by 

the Atomic Energy Act of 1954 [42 U.S.C. 2014 (e)(2)]. 

(x) "Malfunction" means any sudden, infrequent, and not reasonably preventable 

failure of air pollution control equipment, process equipment, or a process to 

operate in a normal or usual manner. Failures that are caused, in part, by 

poor maintenance or careless operation are not malfunctions. During periods 

of malfunction the operator shall operate within established parameters as 

much as possible, and monitoring of all applicable operating parameters shall 

continue until all waste has been combusted or until the malfunction ceases, 

whichever comes first. 

(y) "Maximum charge rate" means: 

(1) For continuous and intermittent HMIWI, 110 percent of the lowest 3-

hour average charge rate measured during the most recent 

performance test demonstrating compliance with all applicable 

emission limits. 

(2) For batch HMIWI, 110 percent of the lowest daily charge rate 

measured during the most recent performance test demonstrating 

compliance with all applicable emission limits. 

(z) "Maximum design waste burning capacity" means: 

(1) For intermittent and continuous HMIWI, 

Where: 

C = HMIWI capacity, lb/hr 

PV = primary chamber volume, ft3

15,000 = primary chamber heat release rate factor, Btu/ft3

/hr 

8,500 = standard waste heating value, Btu/lb; 

(2) For batch HMIWI, 

C PV = ×

15 000

8 500

,

,

C PV = ×

4 5

8

.
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Where: 

C = HMIWI capacity, lb/hr 

PV = primary chamber volume, ft3

4.5 = waste density, lb/ft; 

8 = typical hours of operation of a batch HMIWI, hours. 

(aa) "Maximum fabric filter inlet temperature" means 110 percent of the lowest 3-

hour average temperature at the inlet to the fabric filter (taken, at a minimum, 

once every minute) measured during the most recent performance test 

demonstrating compliance with the dioxin/furan emission limit. 

(bb) "Maximum flue gas temperature" means 110 percent of the lowest 3-hour 

average temperature at the outlet from the wet scrubber (taken, at a 

minimum, once every minute) measured during the most recent performance 

test demonstrating compliance with the mercury (Hg) emission limit. 

(cc) "Medical/infectious waste" means any waste generated in the diagnosis, 

treatment, or immunization of human beings or animals, in research 

pertaining thereto, or in the production or testing of biologicals that is listed 

in paragraphs (1) through (7) of this definition. The definition of 

medical/infectious waste does not include ash from incineration of 

medical/infectious waste, once the incineration process has been completed; 

human corpses, remains, and anatomical parts that are intended for interment 

or cremation; and domestic sewage materials, hazardous waste, and 

household waste identified, listed, or defined in Part 261 of Mississippi 

Hazardous Waste Management Regulations. 

(1) Cultures and stocks of infectious agents and associated biologicals, 

including: cultures from medical and pathological laboratories; 

cultures and stocks of infectious agents from research and industrial 

laboratories; wastes from the production of biologicals; discarded live 

and attenuated vaccines; and culture dishes and devices used to 

transfer, inoculate, and mix cultures. 

(2) Human pathological waste, including tissues, organs, and body parts 

and body fluids that are removed during surgery or autopsy, or other 

medical procedures, and specimens of body fluids and their 

containers. 

(3) Human blood and blood products including: 
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(i) Liquid waste human blood; 

(ii) Products of blood; 

(iii) Items saturated and/or dripping with human blood; or 

(iv) Items that were saturated and/or dripping with human blood 

that are now caked with dried human blood; including serum, 

plasma, and other blood components, and their containers, 

which were used or intended for use in either patient care, 

testing and laboratory analysis or the development of 

pharmaceuticals. Intravenous bags are also included in this 

category. 

(4) Sharps that have been used in animal or human patient care or 

treatment or in medical, research, or industrial laboratories, including 

hypodermic needles, syringes (with or without the attached needle), 

Pasteur pipettes, scalpel blades, blood vials, needles with attached 

tubing, and culture dishes (regardless of presence of infectious 

agents). Also included are other types of broken or unbroken 

glassware that were in contact with infectious agents, such as used 

slides and cover slips. 

(5) Animal waste including contaminated animal carcasses, body parts, 

and bedding of animals that were known to have been exposed to 

infectious agents during research (including research in veterinary 

hospitals), production of biologicals or testing of pharmaceuticals. 

(6) Isolation wastes including biological waste and discarded materials 

contaminated with blood, excretions, exudates, or secretions from 

humans who are isolated to protect others from certain highly 

communicable diseases, or isolated animals known to be infected 

with highly communicable diseases. 

(7) Unused sharps including the following unused, discarded sharps: 

hypodermic needles, suture needles, syringes, and scalpel blades. 

(dd) "Medium HMIWI" means: 

(1) Except as provided in subparagraph (2); 

(i) An HMIWI whose maximum design waste burning capacity 

is more than 200 pounds per hour but less than or equal to 

500 pounds per hour; or 
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(ii) A continuous or intermittent HMIWI whose maximum charge 

rate is more than 200 pounds per hour but less than or equal 

to 500 pounds per hour; or 

(iii) A batch HMIWI whose maximum charge rate is more than 

1,600 pounds per day but less than or equal to 4,000 pounds 

per day. 

(2) The following are not medium HMIWI: 

(i) A continuous or intermittent HMIWI whose maximum charge 

rate is less than or equal to 200 pounds per hour or more than 

500 pounds per hour; or 

(ii) A batch HMIWI whose maximum charge rate is more than 

4,000 pounds per day or less than or equal to 1,600 pounds 

per day. 

(ee) "Minimum dioxin/furan sorbent flow rate" means 90 percent of the highest 3-

hour average dioxin/furan sorbent flow rate (taken, at a minimum, once every 

hour) measured during the most recent performance test demonstrating 

compliance with the dioxin/furan emission limit. 

(ff) "Minimum Hg sorbent flow rate" means 90 percent of the highest 3-hour 

average Hg sorbent flow rate (taken, at a minimum, once every hour) 

measured during the most recent performance test demonstrating compliance 

with the Hg emission limit. 

(gg) "Minimum hydrogen chloride (HCl) sorbent flow rate" means 90 percent of 

the highest 3-hour average HCl sorbent flow rate (taken, at a minimum, once 

every hour) measured during the most recent performance test demonstrating 

compliance with the HCl emission limit. 

(hh) "Minimum horsepower or amperage" means 90 percent of the highest 3-hour 

average horsepower or amperage to the wet scrubber (taken, at a minimum, 

once every minute) measured during the most recent performance test 

demonstrating compliance with the applicable emission limits. 

(ii) "Minimum pressure drop across the wet scrubber" means 90 percent of the 

highest 3-hour average pressure drop across the wet scrubber PM control 

device (taken, at a minimum, once every minute) measured during the most 

recent performance test demonstrating compliance with the PM emission 

limit. 

(jj) "Minimum scrubber liquor flow rate" means 90 percent of the highest 3-hour 

average liquor flow rate at the inlet to the wet scrubber (taken, at a minimum, 
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once every minute) measured during the most recent performance test 

demonstrating compliance with all applicable emission limits. 

(kk) "Minimum scrubber liquor pH" means 90 percent of the highest 3-hour 

average liquor pH at the inlet to the wet scrubber (taken, at a minimum, once 

every minute) measured during the most recent performance test 

demonstrating compliance with the HCl emission limit. 

(ll) "Minimum secondary chamber temperature" means 90 percent of the highest 

3-hour average secondary chamber temperature (taken, at a minimum, once 

every minute) measured during the most recent performance test 

demonstrating compliance with the PM, CO, or dioxin/furan emission limits. 

(mm) "Modification or Modified HMIWI" means any change to an HMIWI unit 

after March 16, 1998, such that: 

(1) The cumulative costs of the modifications, over the life of the unit, 

exceed 50 per centum of the original cost of the construction and 

installation of the unit (not including the cost of any land purchased 

in connection with such construction or installation) updated to 

current costs, or 

(2) The change involves a physical change in or change in the method of 

operation of the unit which increases the amount of any air pollutant 

emitted by the unit for which standards have been established under 

Section 129 or Section 111 of the Federal Clean Air Act. 

(nn) "Operating day" means a 24-hour period between 12:00 midnight and the 

following midnight during which any amount of hospital waste or 

medical/infectious waste is combusted at any time in the HMIWI. 

(oo) "Operation" means the period during which waste is combusted in the 

incinerator excluding periods of startup or shutdown. 

(pp) "Particulate matter or PM" means the total particulate matter emitted from an 

HMIWI as measured by EPA Reference Method 5 or EPA Reference Method 

29. 

(qq) "Pathological waste" means waste material consisting of only human or 

animal remains, anatomical parts, and/or tissue, the bags/containers used to 

collect and transport the waste material, and animal bedding (if applicable). 

(rr) "Primary chamber" means the chamber in an HMIWI that receives waste 

material, in which the waste is ignited, and from which ash is removed. 
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(ss) "Pyrolysis" means the endothermic gasification of hospital waste and/or 

medical/infectious waste using external energy. 

(tt) "Secondary chamber" means a component of the HMIWI that receives 

combustion gases from the primary chamber and in which the combustion 

process is completed. 

(uu) "Shutdown" means the period of time after all waste has been combusted in 

the primary chamber. For continuous HMIWI, shutdown shall commence no 

less than 2 hours after the last charge to the incinerator. For intermittent 

HMIWI, shutdown shall commence no less than 4 hours after the last charge 

to the incinerator. For batch HMIWI, shutdown shall commence no less than 

5 hours after the high-air phase of combustion has been completed. 

(vv) "Small HMIWI" means: 

(1) Except as provided in subparagraph (2); 

(i) An HMIWI whose maximum design waste burning capacity 

is less than or equal to 200 pounds per hour; or 

(ii) A continuous or intermittent HMIWI whose maximum charge 

rate is less than or equal to 200 pounds per hour; or 

(iii) A batch HMIWI whose maximum charge rate is less than or 

equal to 1,600 pounds per day. 

(2) The following are not small HMIWI: 

(i) A continuous or intermittent HMIWI whose maximum charge 

rate is more than 200 pounds per hour. 

(ii) A batch HMIWI whose maximum charge rate is more than 

1,600 pounds per day. 

(ww) "Standard conditions" means a temperature of 20C and a pressure of 101.3 

kilopascals. 

(xx) "Standard Metropolitan Statistical Area or SMSA" means any areas listed in 

OMB Bulletin No. 93-17 entitled "Revised Statistical Definitions for 

Metropolitan Areas" dated June 30, 1993. 

(yy) "Startup" means the period of time between the activation of the system and 

the first charge to the unit. For batch HMIWI, startup means the period of 

time between activation of the system and ignition of the waste. 
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(zz) "Wet scrubber" means an add-on air pollution control device that utilizes an 

alkaline scrubbing liquor to collect particulate matter (including nonvaporous 

metals and condensed organic) and/or to absorb and neutralize acid gases. 

3. Emission limits. 

(a) Except as provided for in subparagraph (b), no owner or operator of an 

affected facility shall cause to be discharged into the atmosphere from that 

affected facility any gases that contain stack emissions in excess of the limits 

presented in Table 1 of this paragraph. 

(b) The emission limits in Table 2 shall apply to any small HMIWI which is 

located more than 50 miles from the boundary of the nearest Standard 

Metropolitan Statistical Area (SMSA) and which burns less than 2,000 

pounds per week of hospital waste and medical/infectious waste. The 2,000 

lb/week limitation does not apply during performance tests. 

(c) No owner or operator of an affected facility shall cause to be discharged into 

the atmosphere from the stack of that affected facility any gases that exhibit 

greater than 10 percent opacity (6-minute block average).
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TABLE 1. EMISSION LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI

Emission Limits

HMIWI Size

Pollutant Units (7 percent oxygen, dry 

basis)

Small Medium Large 

Particulate 

matter 

Milligrams per dry standard cubic 

meter (grains per dry standard cubic 

foot) 

115 (0.05) 69 (0.03) 34 (0.015) 

Carbon 

monoxide 

Parts per million by volume 40 40 40 

Dioxins/furans Nanograms per dry standard cubic 

meter total dioxins/furans (grains 

per billion dry standard cubic feet) 

or nanograms per dry standard 

cubic meter TEQ (grains per billion 

dry standard cubic feet) 

125 (55) 

or 

2.3 (1.0) 

125 (55) 

or 

2.3 (1.0) 

125 (55) 

or 

2.3 (1.0) 

Hydrogen 

chloride 

Parts per million by volume or 

percent reduction 

100 or 93% 100 or 93% 100 or 93% 

Sulfur dioxide Parts per million by volume 55 55 55 

Nitrogen oxides Parts per million by volume 250 250 250 

Lead Milligrams per dry standard cubic 

meter (grains per thousand dry 

standard cubic feet) or percent 

reduction 

1.2 (0.52) 

or 

70% 

1.2 (0.52) 

or 

70% 

1.2 (0.52) 

or 

 70% 

Cadmium Milligrams per dry standard cubic 

meter (grains per thousand dry 

standard cubic feet) or percent 

reduction 

0.16 (0.07) 

or 

65% 

0.16 (0.07) 

or 

65% 

0.16 (0.07) 

or 

65% 

Mercury Milligrams per dry standard cubic 

meter (grains per thousand dry 

standard cubic feet) or percent 

reduction 

0.55 (0.24) 

or 

85% 

0.55 

(0.24) 

or 85% 

0.55 

(0.24) 

or 85% 
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TABLE 2. EMISSION LIMITS FOR SMALL RURAL HMIWI

Pollutant Units (7 percent oxygen, dry basis) 

HMIWI 

Emission 

Limits 

Particulate matter Milligrams per dry standard cubic meter (grains 

per dry standard cubic foot) 

197 (0.086) 

Carbon monoxide Parts per million by volume 40 

Dioxins/furans Nanograms per dry standard cubic meter total 

dioxins/furans (grains per billion dry standard 

cubic feet) or nanograms per dry standard cubic 

meter TEQ (grains per billion dry standard cubic 

feet) 

800 (350) 

 or 

15 (6.6) 

Hydrogen 

chloride 

Parts per million by volume 3100 

Sulfur dioxide Parts per million by volume 55 

Nitrogen oxides Parts per million by volume 250 

Lead Milligrams per dry standard cubic meter (grains 

per thousand dry standard cubic feet) 

10 (4.4) 

Cadmium Milligrams per dry standard cubic meter (grains 

per thousand dry standard cubic feet) 

4 (1.7) 

Mercury Milligrams per dry standard cubic meter (grains 

per thousand dry standard cubic feet) 

7.5 (3.3) 

4. Operator Training and Qualification Requirements. 

(a) Compliance with the requirements of this paragraph shall occur no later than 

September 15, 2000. 

(b) No owner or operator of an affected facility shall allow the affected facility to 

operate at any time unless a fully trained and qualified HMIWI operator is 

accessible, either at the facility or available within 1 hour. The trained and 

qualified HMIWI operator may operate the HMIWI directly or be the direct 

supervisor of one or more HMIWI operators. 

(c) Operator training and qualification shall be obtained through a Stateapproved program that meets the requirements included in subparagraphs (d) 

through (k) of this paragraph. 
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(d) Training shall be obtained by completing an HMIWI operator training course 

that includes, at a minimum, the following provisions: 

(1) 24 hours of training on the following subjects: 

(i) Environmental concerns, including pathogen destruction and 

types of emissions; 

(ii) Basic combustion principles, including products of 

combustion; 

(iii) Operation of the type of incinerator to be used by the 

operator, including proper startup, waste charging, and 

shutdown procedures; 

(iv) Combustion controls and monitoring; 

(v) Operation of air pollution control equipment and factors 

affecting performance (if applicable); 

(vi) Methods to monitor pollutants (continuous emission 

monitoring systems and monitoring of HMIWI and air 

pollution control device operating parameters) and equipment 

calibration procedures (where applicable); 

(vii) Inspection and maintenance of the HMIWI, air pollution 

control devices, and continuous emission monitoring systems; 

(viii) Actions to correct malfunctions or conditions that may lead to 

malfunction; 

(ix) Bottom and fly ash characteristics and handling procedures; 

(x) Applicable Federal, State, and local regulations; 

(xi) Work safety procedures; 

(xii) Pre-startup inspections; and 

(xiii) Recordkeeping requirements. 

(2) An examination designed and administered by the instructor. 

(3) Reference material distributed to the attendees covering the course 

topics. 
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(e) Qualification shall be obtained by: 

(1) Completion of a training course that satisfies the criteria under 

subparagraph (d) of this paragraph; and 

(2) Either 6 months experience as an HMIWI operator, 6 months 

experience as a direct supervisor of an HMIWI operator, or 

completion of at least two burn cycles under the observation of two 

qualified HMIWI operators. 

(f) Qualification is valid from the date on which the examination is passed or the 

completion of the required experience, whichever is later. 

(g) To maintain qualification, the trained and qualified HMIWI operator shall 

complete and pass an annual review or refresher course of at least 4 hours 

covering, at a minimum, the following: 

(1) Update of regulations; 

(2) Incinerator operation, including startup and shutdown procedures; 

(3) Inspection and maintenance; 

(4) Responses to malfunctions or conditions that may lead to 

malfunction; and 

(5) Discussion of operating problems encountered by attendees. 

(h) A lapsed qualification shall be renewed by one of the following methods: 

(1) For a lapse of less than 3 years, the HMIWI operator shall complete 

and pass a standard annual refresher course described in 

subparagraph (g) of this paragraph above. 

(2) For a lapse of 3 years or more, the HMIWI operator shall complete 

and pass a training course with the minimum criteria described in 

subparagraph (d) of this paragraph above. 

(i) The owner or operator of an affected facility shall maintain documentation at 

the facility that address the following: 

(1) Summary of the applicable standards under Section 12 of these 

regulations; 

(2) Description of basic combustion theory applicable to an HMIWI; 
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(3) Procedures for receiving, handling, and charging waste; 

(4) HMIWI startup, shutdown, and malfunction procedures; 

(5) Procedures for maintaining proper combustion air supply levels; 

(6) Procedures for operating the HMIWI and associated air pollution 

control systems within the standards established under Section 12 of 

these regulations; 

(7) Procedures for responding to periodic malfunction or conditions that 

may lead to malfunction; 

(8) Procedures for monitoring HMIWI emissions; 

(9) Reporting and recordkeeping procedures; and 

(10) Procedures for handling ash. 

(j) The owner or operator of an affected facility shall establish a program for 

reviewing the information listed in subparagraph (i) of this paragraph 

annually with each HMIWI operator. 

(1) The initial review of the information listed in subparagraph (i) of this 

paragraph shall be conducted by March 15, 2000, or prior to 

assumption of responsibilities affecting HMIWI operation, whichever 

date is later. 

(2) Subsequent reviews of the information listed in subparagraph (i) of 

this paragraph shall be conducted annually. 

(k) The information listed in subparagraph (i) of this paragraph shall be kept in a 

readily accessible location for all HMIWI operators. This information, along 

with records of training shall be available for inspection by the Department 

upon request. 

5. Waste Management Guidelines. 

The owner or operator of an affected facility shall prepare a waste management plan. 

 The waste management plan shall identify both the feasibility and the approach to 

separate certain components of solid waste from the health care waste stream in order 

to reduce the amount of toxic emissions from incinerated waste. A waste 

management plan may include, but is not limited to, elements such as paper, 

cardboard, plastics, glass, battery, or metal recycling; or purchasing recycled or 

recyclable products. A waste management plan may include different goals or 
APC-S-1, Air Emission Regulations, Amended October 28, 2010 

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approaches for different areas or departments of the facility and need not include new 

waste management goals for every waste stream. It should identify, where possible, 

reasonably available additional waste management measures, taking into account the 

effectiveness of waste management measures already in place, the costs of additional 

measures, the emission reductions expected to be achieved, and any other 

environmental or energy impacts they might have. The American Hospital 

Association publication entitled "An Ounce of Prevention: Waste Reduction 

Strategies for Health Care Facilities" shall be considered in the development of the 

waste management plan. 

6. Inspection Guidelines. 

(a) The requirements of this paragraph apply to any small HMIWI subject to the 

emission limits in Table 2 of paragraph 3 in Section 12 of these regulations. 

(b) No later than September 15, 2000 and annually thereafter (no more than 12 

months following the previous annual equipment inspection) an equipment 

inspection shall be performed. 

(1) At a minimum, an inspection shall include the following: 

(i) Inspect all burners, pilot assemblies, and pilot sensing devices 

for proper operation; clean pilot flame sensor, as necessary; 

(ii) Ensure proper adjustment of primary and secondary chamber 

combustion air, and adjust as necessary; 

(iii) Inspect hinges and door latches, and lubricate as necessary; 

(iv) Inspect dampers, fans, and blowers for proper operation; 

(v) Inspect HMIWI door and door gaskets for proper sealing; 

(vi) Inspect motors for proper operation; 

(vii) Inspect primary chamber refractory lining; clean and 

repair/replace lining as necessary; 

(viii) Inspect incinerator shell for corrosion and/or hot spots; 

(ix) Inspect secondary/tertiary chamber and stack, clean as 

necessary; 

(x) Inspect mechanical loader, including limit switches, for 

proper operation, if applicable; 
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(xi) Visually inspect waste bed (grates), and repair/seal, as 

appropriate; 

(xii) For the burn cycle that follows the inspection, document that 

the incinerator is operating properly and make any necessary 

adjustments; 

(xiii) Inspect air pollution control devices(s) for proper operation, if 

applicable; 

(xiv) Inspect waste heat boiler systems to ensure proper operation, 

if applicable; 

(xv) Inspect bypass stack components; 

(xvi) Ensure proper calibration of thermocouples, sorbent feed 

systems, and any other monitoring equipment; and 

(xvii) Generally observe that the equipment is maintained in good 

operating condition. 

(2) Within 10 operating days following an equipment inspection, all 

necessary repairs shall be completed unless the owner or operator 

obtains written approval from the Department establishing a date 

whereby all necessary repairs of the designated facility shall be 

completed. 

7. Compliance and Performance Testing. 

(a) The emission limits under paragraph 3 in Section 12 of these regulations 

shall apply at all times except during periods of startup, shutdown, or 

malfunction, provided that no hospital waste or medical/infectious waste is 

charged to the affected facility during startup, shutdown, or malfunction. 

(b) The owner or operator of an affected facility shall conduct an initial 

performance test in accordance with the performance test requirements 

contained in 40 C.F.R. 60.8 to determine compliance with the emission limits 

using the procedures and test methods listed in subparagraphs (b)(1) through 

(b)(11) of this paragraph. The use of the bypass stack during a performance 

test shall invalidate the performance test. 

(1) All performance tests shall consist of a minimum of three test runs 

conducted under representative operating conditions. 

(2) The minimum sample time shall be 1 hour per test run unless 

otherwise indicated. 
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(3) EPA Reference Method 1 of Appendix A of 40 C.F.R. 60 shall be 

used to select the sampling location and number of traverse points. 

(4) EPA Reference Method 3 or 3A of Appendix A of 40 C.F.R. 60 shall 

be used for gas composition analysis, including measurement of 

oxygen concentration. EPA Reference Method 3 or 3A of Appendix 

A of 40 C.F.R. 60 shall be used simultaneously with each reference 

method. 

(5) The pollutant concentrations shall be adjusted to 7 percent oxygen 

using the following equation: 

Where: 

Cadj = pollutant concentration adjusted to 7 percent oxygen; 

Cmeas = pollutant concentration measured on a dry basis; 

(20.9-7) = 20.9 percent oxygen - 7 percent oxygen (defined oxygen 

correction basis); 

20.9 = oxygen concentration in air, percent; and 

%O2 = oxygen concentration measured on a dry basis, percent. 

(6) EPA Reference Method 5 or 29 Appendix A of 40 C.F.R. 60 shall be 

used to measure the particulate matter emissions. 

(7) EPA Reference method 9 of Appendix A of 40 C.F.R. 60 shall be 

used to measure stack opacity. 

(8) EPA Reference Method 10 or 10B of Appendix A of 40 C.F.R. 60 

shall be used to measure the CO emissions. 

(9) EPA Reference Method 23 of Appendix A of 40 C.F.R. 60 shall be 

used to measure total dioxin/furan emissions. The minimum sample 

time shall be 4 hours per test run. If the affected facility has selected 

the toxic equivalency standards for dioxin/furans, under paragraph 3 

in Section 12 of these regulations, the following procedures shall be 

used to determine compliance: 

( )

( ) C C

O adj meas = −−

20 9 7

20 9 2

.

. %
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(i) Measure the concentration of each dioxin/furan tetra-through 

octa-congener emitted using EPA Reference Method 23. 

(ii) For each dioxin/furan congener measured in accordance with 

subparagraph (b)(9)(i) of this paragraph, multiply the 

congener concentration by its corresponding toxic 

equivalency factor specified in Table 3 in Section 12 of these 

regulations. 

(iii) Sum the products calculated in accordance with subparagraph 

(b)(9)(ii) of this paragraph to obtain the total concentration of 

dioxins/furans emitted in terms of toxic equivalency. 

(10) EPA Reference Method 26 of Appendix A of 40 C.F.R. 60 shall be 

used to measure HCl emissions. If the affected facility has selected 

the percentage reduction standards for HCl under paragraph 3 in 

Section 12 of these regulations, the percentage reduction in HCl 

emissions (%RHCl) is computed using the following formula: 

Where: 

(%RHCl)= percentage reduction of HCl emissions achieved; 

Ei = HCl emission concentration measured at the control device inlet, 

corrected to 7 percent oxygen (dry basis); and 

Eo = HCl emission concentration measured at the control device 

outlet, corrected to 7 percent oxygen (dry basis). 

(11) EPA Reference Method 29 of Appendix A of 40 C.F.R. 60 shall be 

used to measure Pb, Cd, and Hg emissions. If the affected facility 

has selected the percentage reduction standards for metals under 

paragraph 3 in Section 12 of these regulations, the percentage 

reduction in emissions (%Rmetal) is computed using the following 

formula: 

Where: 

( ) %R

E E

E HCl

i o

i

= ⎛ −

⎝

⎜ ⎞

⎠

⎟ × 100

( ) %R

E E

E metal

i o

i

= ⎛ −

⎝

⎜ ⎞

⎠

⎟ × 100
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(%Rmetal)= percentage reduction of metal emission (Ph, Cd, or Hg) 

achieved; 

Ei = metal emission concentration (Pb, Cd, or Hg) measured at the 

control device inlet, corrected to 7 percent oxygen (dry basis); and 

Eo = metal emission concentration (Pb, Cd, or Hg) measured at the 

control device outlet, corrected to 7 percent oxygen (dry basis). 
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TABLE 3. TOXIC EQUIVALENCY FACTORS 

Dioxin/Furan Congener Toxic Equivalency 

Factor

2,3,7,8-tetrachlorinated dibenzo-p-dioxin 1 

1,2,3,7,8-pentachlorinated dibenzo-pdioxin 0.5 

1,2,3,4,7,8- hexachlorinated dibenzo-pdioxin 0.1 

1,2,3,7,8,9-hexachlorinated dibenzo-pdioxin 0.1 

1,2,3,6,7,8-hexachlorinated dibenzo-pdioxin 0.1 

1,2,3,4,6,7,8-heptachlorinated dibenzo-pdioxin 0.01 

octachlorinated dibenzo-p-dioxin 0.001 

2,3,7,8-tetrachlorinated dibenzofuran 0.1 

2,3,4,7,8-pentachlorinated dibenzofuran 0.5 

1,2,3,7,8-pentachlorinated dibenzofuran 0.05 

1,2,3,4,7,8-hexachlorinated dibenzofuran 0.1 

1,2,3,6,7,8-hexachlorinated dibenzofuran 0.1 

1,2,3,7,8,9-hexachlorinated dibenzofuran 0.1 

2,3,4,6,7,8-hexachlorinated dibenzofuran 0.1 

1,2,3,4,6,7,8-heptachlorinated 

dibenzofuran 

0.01 

1,2,3,4,7,8,9-heptachlorinated 

dibenzofuran 

0.01 

octachlorinated dibenzofuran 0.001 

(c) Following the date on which the initial performance test is completed or is 

required to be completed under the performance test requirements contained 
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in 40 C.F.R. 60.8, whichever date comes first, the owner or operator of an 

affected facility shall: 

(1) Determine compliance with the opacity limit by conducting an annual 

performance test (no more than 12 months following the previous 

performance test) using the applicable procedures and test methods 

listed in subparagraph (b) of this paragraph. 

(2) Determine compliance with the PM, CO, and HCl emission limits by 

conducting an annual performance test (no more than 12 months 

following the previous performance test) using the applicable 

procedures and test methods listed in subparagraph (b) of this 

paragraph. If all three performance tests over a 3-year period indicate 

compliance with the emission limit for a pollutant (PM, CO, or HCl), 

the owner or operator may forego a performance test for that 

pollutant for the subsequent 2 years. At a minimum, a performance 

test for PM, CO, and HCl shall be conducted every third year (no 

more than 36 months following the previous performance test). If a 

performance test conducted every third year indicates compliance 

with the emission limit for a pollutant (PM, CO, or HCl), the owner 

or operator may forego a performance test for that pollutant for up to 

an additional 2 years. If any performance test indicates 

noncompliance with the respective emission limit, a performance test 

for that pollutant shall be conducted annually until all annual 

performance tests over a 3-year period indicate compliance with the 

emission limit. The use of the bypass stack during a performance test 

shall invalidate the performance test. 

(3) Facilities using a CEMS to demonstrate compliance with any of the 

emission limits under paragraph 3 in Section 12 of these regulations 

shall: 

(i) Determine compliance with the appropriate emission limit(s) 

using a 12-hour rolling average, calculated each hour as the 

average of the previous 12 operating hours (not including 

startup, shutdown, or malfunction). 

(ii) Operate all CEMS in accordance with the applicable 

procedures under Appendices B and F of 40 C.F.R. 60. 

(d) The owner or operator of an affected facility equipped with a dry scrubber 

followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a 

fabric filter and wet scrubber shall: 

(1) Establish the appropriate maximum and minimum operating 

parameters, indicated in Table 4 of Section 12 of these regulations for 
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each control system, as site specific operating parameters during the 

initial performance test to determine compliance with the emission 

limits; and 

(2) Following the date on which the initial performance test is completed 

or is required to be completed under the performance test 

requirements contained in 40 C.F.R. 60.8, whichever date comes first, 

ensure that the affected facility does not operate above any of the 

applicable maximum operating parameters or below any of the 

applicable minimum operating parameters listed in Table 4 in Section 

12 of these regulations and measured as 3-hour rolling averages 

(calculated each hour as the average of the previous 3 operating 

hours) at all times except during periods of startup, shutdown, and 

malfunction. Operating parameter limits do not apply during 

performance tests. Operation above the established maximum or 

below the established minimum operating parameter(s) shall 

constitute a violation of established operating parameter(s). 

(e) Except as provided in subparagraph (h) of this paragraph, for affected 

facilities equipped with a dry scrubber followed by a fabric filter: 

(1) Operation of the affected facility above the maximum charge rate and 

below the minimum secondary chamber temperature (each measured 

on a 3-hour rolling average) simultaneously shall constitute a 

violation of the CO emission limit. 

(2) Operation of the affected facility above the maximum fabric filter 

inlet temperature, above the maximum charge rate, and below the 

minimum dioxin/furan sorbent flow rate (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the 

dioxin/furan emission limit. 

(3) Operation of the affected facility above the maximum charge rate and 

below the minimum HCl sorbent flow rate (each measured on a 3-

hour rolling average) simultaneously shall constitute a violation of 

the HCl emission limit. 

(4) Operation of the affected facility above the maximum charge rate and 

below the minimum Hg sorbent flow rate (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the Hg 

emission limit. 

(5) Use of the bypass stack (except during startup, shutdown, or 

malfunction) shall constitute a violation of the PM, dioxin/furan, 

HCl, Pb, Cd and Hg emission limits. 
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(f) Except as provided in subparagraph (h) of this paragraph, for affected 

facilities equipped with a wet scrubber: 

(1) Operation of the affected facility above the maximum charge rate and 

below the minimum pressure drop across the wet scrubber or below 

the minimum horsepower or amperage to the system (each measured 

on a 3-hour rolling average) simultaneously shall constitute a 

violation of the PM emission limit. 

(2) Operation of the affected facility above the maximum charge rate and 

below the minimum secondary chamber temperature (each measured 

on a 3-hour rolling average) simultaneously shall constitute a 

violation of the CO emission limit. 

(3) Operation of the affected facility above the maximum charge rate, 

below the minimum secondary chamber temperature, and below the 

minimum scrubber liquor flow rate (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the 

dioxin/furan emission limit. 

(4) Operation of the affected facility above the maximum charge rate and 

below the minimum scrubber liquor pH (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the HCl 

emission limit. 

(5) Operation of the affected facility above the maximum flue gas 

temperature and above the maximum charge rate (each measured on a 

3-hour rolling average) simultaneously shall constitute a violation of 

the Hg emission limit. 

(6) Use of the bypass stack (except during startup, shutdown, or 

malfunction) shall constitute a violation of the PM, dioxin/furan, 

HCl, Pb, Cd and Hg emission limits. 

(g) Except as provided in subparagraph (h) of this paragraph, for affected 

facilities equipped with a dry scrubber followed by a fabric filter and a wet 

scrubber: 

(1) Operation of the affected facility above the maximum charge rate and 

below the minimum secondary chamber temperature (each measured 

on a 3-hour rolling average) simultaneously shall constitute a 

violation of the CO emission limit. 

(2) Operation of the affected facility above the maximum fabric filter 

inlet temperature, above the maximum charge rate, and below the 

minimum dioxin/furan sorbent flow rate (each measured on a 3-hour 
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rolling average) simultaneously shall constitute a violation of the 

dioxin/furan emission limit. 

(3) Operation of the affected facility above the maximum charge rate and 

below the minimum scrubber liquor pH (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the HCl 

emission limit. 

(4) Operation of the affected facility above the maximum charge rate and 

below the minimum Hg sorbent flow rate (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the Hg 

emission limit. 

(5) Use of the bypass stack (except during startup, shutdown, or 

malfunction) shall constitute a violation of the PM, dioxin/furan, 

HCl, Pb, Cd and Hg emission limits. 

(h) The owner or operator of an affected facility may conduct a repeat 

performance test within 30 days of violation of applicable operating 

parameter(s) to demonstrate that the affected facility is not in violation of the 

applicable emission limit(s). Repeat performance tests conducted pursuant to 

this paragraph shall be conducted using the identical operating parameters 

that indicated a violation under subparagraph (e), (f), or (g) of this paragraph. 

(i) The owner or operator of an affected facility using an air pollution control 

device other than a dry scrubber followed by a fabric filter, a wet scrubber, or 

a dry scrubber followed by a fabric filter and a wet scrubber to comply with 

the emission limits under paragraph 3 in Section 12 of these regulations shall 

petition the Administrator for other site-specific operating parameters to be 

established during the initial performance test and continuously monitored 

thereafter. The owner or operator shall not conduct the initial performance 

test until after the petition has been approved by the Administrator. 

(j) The owner or operator of an affected facility may conduct a repeat 

performance test at any time to establish new values for the operating 

parameters. The Department may request a repeat performance test at any 

time. 

(k) Any small HMIWI subject to the emission limits in Table 2 of paragraph 3 in 

Section 12 of these regulations shall meet the following compliance and 

performance testing requirements: 

(1) Conduct the performance testing requirements in subparagraphs (a), 

(b)(1) through (b)(9), (b)(11) (mercury only), and (c)(1) of this 

paragraph. The 2,000 lb/week limitation does not apply during 

performance tests. 
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(2) Establish maximum charge rate and minimum secondary chamber 

temperature as site-specific operating parameters during the initial 

performance test to determine compliance with applicable emission 

limits. 

(3) Following the date on which the initial performance test is completed 

or is required to be completed under the performance test 

requirements contained in 40 C.F.R. 60.8, whichever date comes first, 

ensure that the designated facility does not operate above the 

maximum charge rate or below the minimum secondary chamber 

temperature measured as 3-hour rolling averages (calculated each 

hour as the average of the previous 3 operating hours) at all times 

except during periods of startup, shutdown, or malfunction. 

Operating parameter limits do not apply during performance tests. 

Operation above the maximum charge rate or below the minimum 

secondary chamber temperature shall constitute a violation of the 

established operating parameter(s). 

(4) Except as provided in subparagraph (k)(5) of this paragraph below, 

operation of the designated facility above the maximum charge rate 

and below the minimum secondary chamber temperature (each 

measured on a 3-hour rolling average) simultaneously shall constitute 

a violation of the PM, CO, and dioxin/furan emission limits. 

(5) The owner or operator of a designated facility may conduct a repeat 

performance test within 30 days of violation of applicable operating 

parameter(s) to demonstrate that the designated facility is not in 

violation of the applicable emission limit(s). Repeat performance 

tests conducted pursuant to this paragraph must be conducted using 

the identical operating parameters that indicated a violation under 

subparagraph (k)(4), of this paragraph above. 

8. Monitoring. 

(a) The owner or operator of an affected facility shall install, calibrate (to 

manufacturer’s specifications), maintain, and operate devices (or establish 

methods) for monitoring the applicable maximum and minimum operating 

parameters listed in Table 4 in Section 12 of these regulations such that these 

devices (or methods) measure and record values for these operating 

parameters at the frequencies indicated in Table 4 in Section 12 of these 

regulations at all times except during periods of startup and shutdown. 

(b) The owner of operator of an affected facility shall install, calibrate (to 

manufacturer’s specifications), maintain, and operate a device or method for 

measuring the use of the bypass stack including date, time, and duration. 
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(c) The owner or operator of an affected facility using something other than a 

dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber 

followed by a fabric filter and a wet scrubber to comply with the emission 

limits under paragraph 3 in Section 12 of these regulations shall install, 

calibrate (to the manufacturer’s specifications), maintain, and operate the 

equipment necessary to monitor the site-specific operating parameters 

developed pursuant to subparagraph 7(i) in Section 12 of these regulations. 

(d) The owner or operator of an affected facility shall obtain monitoring data at 

all times during HMIWI operation except during periods of monitoring 

equipment malfunction, calibration, or repair. At a minimum, valid 

monitoring data shall be obtained for 75 percent of the operating hours per 

day and for 90 percent of the operating days per calendar quarter that the 

affected facility is combusting hospital waste and/or medical/infectious 

waste. 

(e) Any small HMIWI subject to the emission limits in Table 2 of paragraph 3 in 

Section 12 of these regulations shall meet the following monitoring 

requirements: 

(1) Install, calibrate (to manufacturer’s specifications), maintain, and 

operate a device for measuring and recording the temperature of the 

secondary chamber on a continuous basis, the output of which shall 

be recorded, at a minimum, once every minute throughout operation. 

(2) Install, calibrate (to manufacturer’s specifications), maintain, and 

operate a device which automatically measures and records the date, 

time, and weight of each charge fed into the HMIWI. 

(3) The owner or operator of a designated facility shall obtain monitoring 

data at all times during HMIWI operation except during periods of 

monitoring equipment malfunction, calibration, or repair. At a 

minimum, valid monitoring data shall be obtained for 75 percent of 

the operating hour per day and for 90 percent of the operating hour 

per calendar quarter that the designated facility is combusting 

hospital waste and/or medical/infectious waste. 
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TABLE 4. OPERATING PARAMETERS TO BE MONITORED AND MINIMUM 

MEASUREMENT AND RECORDING FREQUENCIES 

Minimum Frequency Control System

Operating Parameters to be 

Monitored Data 

Measurement

Data 

Recording

Dry 

Scrubber 

followed 

by 

Fabric 

Filter

Wet 

Scrubber

Dry 

Scrubber 

followed 

by 

Fabric 

Filter 

and Wet 

Scrubber

Maximum operating parameters:

Maximum charge rate Continuous 1 x hour X X X 

Maximum fabric filter inlet 

temperature 

Continuous 1 x minute X X 

Maximum flue gas 

temperature 

Continuous 1 x minute X X 

Minimum operating parameters:

Minimum secondary chamber 

temperature 

Continuous 1 x minute X X X 

Minimum dioxin/furan 

sorbent flow rate 

Hourly 1 x hour X X 

Minimum HCl sorbent flow 

rate 

Hourly 1 x hour X X 

Minimum mercury (Hg) 

sorbent flow rate 

Hourly 1 x hour X X 

Minimum pressure drop 

across the wet scrubber or 

minimum horsepower or 

amperage to wet scrubber 

Continuous 1 x minute X X 

Minimum scrubber liquor 

flow rate 

Continuous 1 x minute X X 

Minimum scrubber liquor pH Continuous 1 x minute X X 
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9. Reporting and Recordkeeping Requirements. 

(a) The owner or operator of an affected facility shall maintain the following 

information (as applicable) for a period of at least 5 years: 

(1) Calendar date of each record; 

(2) Records of the following data: 

(i) Concentrations of any pollutant listed in paragraph 3 in 

Section 12 of these regulations or measurements of opacity as 

determined by the continuous emission monitoring system (if 

applicable); 

(ii) Results of fugitive emissions (by EPA Reference Method 22) 

tests, if applicable; 

(iii) HMIWI charge dates, times, and weights and hourly charge 

rates; 

(iv) Fabric filter inlet temperatures during each minute of 

operation, as applicable; 

(v) Amount and type of dioxin/furan sorbent used during each 

hour of operation, as applicable; 

(vi) Amount and type of Hg sorbent used during each hour of 

operation, as applicable; 

(vii) Amount and type of HCl sorbent used during each hour of 

operation, as applicable; 

(viii) Secondary chamber temperatures recorded during each 

minute of operation; 

(ix) Liquor flow rate to the wet scrubber inlet during each minute 

of operation, as applicable; 

(x) Horsepower or amperage to the wet scrubber during each 

minute of operation, as applicable; 

(xi) Pressure drop across the wet scrubber system during each 

minute of operation, as applicable; 

(xii) Temperature at the outlet from the wet scrubber during each 

minute of operation, as applicable; 
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(xiii) pH at the inlet to the wet scrubber during each minute of 

operation, as applicable; 

(xiv) Records indicating use of the bypass stack, including dates, 

times, and durations; and 

(xv) For affected facilities complying with subparagraphs 7(i) and 

8(c) in Section 12 of these regulations, the owner or operator 

shall maintain all operating parameter data collected. 

(3) Identification of calendar days for which data on emission rates or 

operating parameters specified under subparagraph (a)(2) of this 

paragraph have not been obtained, with an identification of the 

emission rates or operating parameters not measured, reasons for not 

obtaining the data, and a description of corrective actions taken. 

(4) Identification of calendar days, times and durations of malfunctions, a 

description of the malfunction and the corrective action taken. 

(5) Identification of calendar days for which data on emission rates or 

operating parameters specified under subparagraph (a)(2) of this 

paragraph exceeded the applicable limits, with a description of the 

exceedances, reasons for such exceedances, and a description of 

corrective actions taken. 

(6) The results of the initial, annual, and any subsequent performance 

tests conducted to determine compliance with the emission limits 

and/or to establish operating parameters, as applicable. 

(7) Records showing the names of HMIWI operators who have 

completed review of the information in subparagraph 4(i) as required 

by subparagraph 4(j), including the date of the initial review and all 

subsequent annual reviews; 

(8) Records showing the names of the HMIWI operators who have 

completed the operator training requirements, including 

documentation of training and the dates of the training; 

(9) Records showing the names of the HMIWI operators who have met 

the criteria for qualification under paragraph 4 in Section 12 of these 

regulations and the dates of their qualification; and 

(10) Records of calibration of any monitoring devices as required under 

subparagraphs 8(a), (b), and (c) in Section 12 of these regulations. 
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(b) The owner or operator of an affected facility shall submit the information 

specified in subparagraphs (b)(1) through (b)(3) of this paragraph no later 

than 60 days following the initial performance test. All reports shall be 

signed by the facilities manager. 

(1) The initial performance test data as recorded under subparagraphs 

7(b)(1) through (b)(11), as applicable. 

(2) The values for the site-specific operating parameters established 

pursuant to subparagraphs 7(d) or (i), as applicable. 

(3) The waste management plan as specified in paragraph 5 in Section 12 

of these regulations. 

(c) An annual report shall be submitted 1 year following the submission of the 

information in subparagraph (b) of this paragraph and subsequent reports 

shall be submitted no more than 12 months following the previous report 

(once the unit is subject to permitting requirements in Air Emissions 

Operating Permit Regulations for the Purposes of Title V of the Federal 

Clean Air Act, APC-S-6, the owner or operator of an affected facility must 

submit these reports semiannually). The annual report shall include the 

information specified in subparagraphs (c)(1) through (c)(8) of this 

paragraph. All reports shall be signed by the facilities manager. 

(1) The values for the site-specific operating parameters established 

pursuant to subparagraph 7(d) or (i), as applicable. 

(2) The highest maximum operating parameter and the lowest minimum 

operating parameter, as applicable, for each operating parameter 

recorded for the calendar year being reported, pursuant to 

subparagraph 7(d) or (i), as applicable. 

(3) The highest maximum operating parameter and the lowest minimum 

operating parameter, as applicable for each operating parameter 

recorded pursuant to subparagraph 7(d) or (i) for the calendar year 

preceding the year being reported, in order to provide the Department 

with a summary of the performance of the affected facility over a 2-

year period. 

(4) Any information recorded under subparagraphs (a)(3) through (a)(5) 

of this paragraph for the calendar year being reported. 

(5) Any information recorded under subparagraphs (a)(3) through (a)(5) 

of this paragraph for the calendar year preceding the year being 

reported, in order to provide the Department with a summary of the 

performance of the affected facility over a 2-year period. 
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(6) If a performance test was conducted during the reporting period, the 

results of that test. 

(7) If no exceedances or malfunctions were reported under 

subparagraphs (a)(3) through (a)(5) of this paragraph for the calendar 

year being reported, a statement that no exceedances occurred during 

the reporting period. 

(8) Any use of the bypass stack, the duration, reason for malfunction, and 

corrective action taken. 

(d) The owner or operator of an affected facility shall submit semiannual reports 

containing any information recorded under subparagraphs (a)(3) through 

(a)(5) of this paragraph no later than 60 days following the reporting period. 

The first semiannual reporting period ends 6 months following the 

submission of information in subparagraph (b) of this paragraph. Subsequent 

reports shall be submitted no later than 6 calendar months following the 

previous report. All reports shall be signed by the facilities manager. 

(e) All records specified under subparagraph (a) of this paragraph shall be 

maintained onsite in either paper copy or computer-readable format, unless 

an alternative format is approved by the Department. 

(f) Any small HMIWI subject to the emission limits in Table 2 of paragraph 3 in 

Section 12 of these regulations shall meet the following reporting and 

recordkeeping requirements: 

(1) Maintain records of the annual equipment inspections, any required 

maintenance, and any repairs not completed within 10 days of an 

inspection or the timeframe established by the Department; and 

(2) Submit an annual report containing information recorded under 

subparagraph (f)(1) above no later than 60 days following the year in 

which data were collected. Subsequent reports shall be sent no later 

than 12 calendar months following the previous report (once the unit 

is subject to permitting requirements in Air Emissions Operating 

Permit Regulations for the Purposes of Title V of the Federal Clean 

Air Act, APC-S-6, the owner or operator must submit these reports 

semiannually). The report shall be signed by the facilities manager. 

10. Compliance Schedules. 

(a) Except as provided in subparagraph (b), designated or affected facilities to 

which the provisions in Section 12 of these regulations applies (as defined in 

paragraph 1) shall comply with all requirements in Section 12 of these 
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regulations on or before September 15, 2000, regardless of whether the 

Department has identified a designated or affected facility in the State Plan 

inventory required by Subpart B of 40 C.F.R. 60. 

(b) For designated facilities planning to install the necessary air pollution control 

equipment, the Department may allow compliance on or before September 

15, 2002, but as expeditiously as possible. No later than December 15, 1999, 

these facilities shall petition the Department in writing, as outlined in 

subparagraphs (1) through (2) below. Under no circumstances can 

compliance with the provisions in Section 12 of these regulations extend 

beyond September 15, 2002. 

(1) Documentation of the analyses undertaken to support the need for an 

extension, including an explanation of why September 15, 2002, is 

sufficient time to comply while September 15, 2000, is not sufficient. 

The documentation shall also include an evaluation of the option to 

transport the waste offsite to a commercial medical waste treatment 

and disposal facility on a temporary or permanent basis; and 

(2) Documentation of measurable and enforceable incremental steps of 

progress to be taken towards compliance with the requirements in 

Section 12 of these regulations, as defined in subparagraphs (i) 

through (x) below: 

(i) Date for submitting a petition for site specific operating 

parameters under subparagraph 7(i) in Section 12 of these 

regulations; 

(ii) Date for obtaining services of an architectural and 

engineering firm regarding the air pollution control device(s); 

(iii) Date for obtaining design drawings of the air pollution 

control device(s); 

(iv) Date for ordering the air pollution control device(s); 

(v) Date for obtaining the major components of the air pollution 

control device(s); 

(vi) Date for initiation of site preparation for installation of the air 

pollution control device(s); 

(vii) Date for initiation of installation of the air pollution control 

device(s); 
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(viii) Date for initial startup of the air pollution control device(s); 

and 

(ix) Date for initial compliance test(s) of the air pollution control 

device(s); 

(x) Date for final compliance. 

(c) Designated facilities planning to shut down permanently to demonstrate 

compliance with subparagraph (a) of this paragraph shall notify the 

Department in writing, no later than December 15, 1999. The notification 

shall include documentation of measurable and enforceable incremental steps 

of progress to be taken towards compliance with the requirements in Section 

12 of these regulations, as defined in subparagraphs (1) through (6) below: 

(1) Date for designated facility plan for shut down; 

(2) Date for contract with the appropriate vendor (off-site hauler or 

alternative waste treatment equipment); 

(3) Date to begin construction of alternative waste treatment equipment 

(if applicable); 

(4) Date for complete installation of alternative waste treatment 

equipment (if applicable); 

(5) Date for shut down of incinerator; 

(6) Date for dismantling incinerator. 

(d) Department Actions on Petitions. On receipt of a petition, the Department 

will authorize one of the following actions, as it shall determine: 

(i) The petition may be dismissed if the Department determines that it is 

not adequate under subparagraph (b) of this paragraph. 

(ii) The Department may grant the request of the petition, as 

petitioned or by imposing such conditions as the requirements 

in Section 12 of these regulations may require in the Title V 

permit, including the establishment of schedules of 

compliance. 

(iii) The Department may deny the petition. If such a denial is 

made, the Department shall notify the petitioner in writing, 

state the reasons for denial and outline procedures for appeal. 
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(e) Termination Procedures. Any petition granted by the Department may be 

terminated by the Department whenever the Department finds, after an 

opportunity for the petitioner to demonstrate compliance and after notice and 

an opportunity for hearing, that the petitioner is in violation of any 

requirement, condition, schedule, limitation or any other provision of the 

petition or that operation under the petition does not meet the minimum 

requirements established by State and Federal laws and regulations or is 

unreasonably threatening the public health. 

SECTION 13. PROVISIONS FOR EXISTING COMMERCIAL AND INDUSTRIAL SOLID 

WASTE INCINERATION UNITS

1. Emission Standards. Provisions under this paragraph that apply to existing 

commercial and industrial solid waste incineration (CISWI) units are the 

requirements that are contained in 40 CFR 60.2575 through 60.2875. All such 

requirements are hereby adopted by reference by the Commission as official 

regulations of the State of Mississippi and shall hereafter be enforceable as such. 

2. Applicability. The requirements of Section 13 shall apply to each existing 

commercial and industrial solid waste incineration unit that commenced construction 

on or before November 30, 1999 and meets the following criteria: 

(a) Commercial and industrial solid waste incineration (CISWI) unit means any 

combustion device that combusts commercial and industrial waste. The 

boundaries of a CISWI unit are defined as, but not limited to, the commercial 

or industrial solid waste fuel feed system, grate system, flue gas system, and 

bottom ash. The CISWI unit does not include air pollution control equipment 

or the stack. The CISWI unit boundary starts at the commercial and industrial 

solid waste hopper (if applicable) and extends through two areas: (1) the 

combustion unit flue gas system, which ends immediately after the last 

combustion chamber and (2) the combustion unit bottom ash system, which 

ends at the truck loading station or similar equipment that transfers the ash to 

final disposal. It includes all ash handling systems connected to the bottom 

ash handling system. 

(b) Commercial and industrial waste means solid waste combusted in an 

enclosed device using controlled flame combustion without energy recovery 

that is a distinct operating unit of any commercial or industrial facility 

(including field-erected, modular, and custom built incineration units 

operating with starved or excess air), or solid waste combusted in an air 

curtain incinerator without energy recovery that is a distinct operating unit of 

any commercial or industrial facility. 

(c) Solid waste means any garbage, refuse, sludge from a waste treatment plant, 

water supply treatment plant, or air pollution control facility and other 

discarded material, including solid, liquid, semisolid, or contained gaseous 
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material resulting from industrial, commercial, mining, agricultural 

operations, and from community activities but does not include solid or 

dissolved material in domestic sewage, or solid or dissolved materials in 

irrigation return flows or industrial discharges which are point sources 

subject to permits under Section 402 of the Federal Water Pollution Control 

Act, as amended (42 U.S.C. 1342), or source, special nuclear, or byproduct 

material as defined by the Atomic Energy Act of 1954, as amended (42 

U.S.C. 2014). 

(d) Solid waste combustion units are exempt from the requirements of Section 13 

as described and set forth below: 

(1) Pathological waste incineration units. Incineration units burning 90 

percent or more by weight (on a calendar quarter basis and excluding 

the weight of auxiliary fuel and combustion air) of pathological 

waste, low-level radioactive waste, and/or chemotherapeutic waste as 

defined in 40 CFR 60.2875 are not subject to the requirements of 

Section 13 if the owner or operator of the CISWI unit meets the two 

requirements specified in (1)(i) and (ii) of this paragraph. 

(i) Notify the Executive Director that the unit meets these 

criteria. 

(ii) Keep records on a calendar quarter basis of the weight of 

pathological waste, low-level radioactive waste, and/or 

chemotherapeutic waste burned, and the weight of all other 

fuels and wastes burned in the unit. 

(2) Agricultural waste incineration units. Incineration units burning 90 

percent or more by weight (on a calendar quarter basis and excluding 

the weight of auxiliary fuel and combustion air) of agricultural wastes 

as defined in 40 CFR 60.2875 are not subject to the requirements of 

Section 13 if the owner or operator of the CISWI unit meets the two 

requirements specified in (2)(i) and (ii) of this paragraph. 

(i) Notify the Executive Director that the unit meets these 

criteria. 

(ii) Keep records on a calendar quarter basis of the weight of 

agricultural waste burned, and the weight of all other fuels 

and wastes burned in the unit. 

(3) Municipal waste combustion units. Incineration units that meet either 

of the two criteria specified in (3)(i) or (ii) of this paragraph. 
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(i) Are regulated under 40 CFR 60, Subpart Ea (Standards of 

Performance for Municipal Waste Combustors); 40 CFR 60, 

Subpart Eb (Standards of Performance for Municipal Waste 

Combustors for Which Construction is Commenced After 

September 20, 1994); 40 CFR 60, Subpart Cb (Emission 

Guidelines and Compliance Time for Large Municipal 

Combustors that are Constructed on or Before September 20, 

1994); 40 CFR 60, Subpart AAAA (Standards of 

Performance for New Stationary Sources: Small Municipal 

Waste Combustion Units); or 40 CFR 60, Subpart BBBB 

(Emission Guidelines for Existing Stationary Sources: Small 

Municipal Waste Combustion Units). 

(ii) Burn greater than 30 percent municipal solid waste or refusederived fuel, as defined in Subpart Ea, Subpart Eb, Subpart 

AAAA, and Subpart BBBB, and that have the capacity to 

burn less than 35 tons (32 megagrams) per day of municipal 

solid waste or refuse-derived fuel, if the owner or operator of 

the CISWI unit meets the two requirements in (3) (ii) (A) and 

(B) of this paragraph. 

(A) Notify the Executive Director that the unit meets 

these criteria. 

(B) Keep records on a calendar quarter basis of the weight 

of municipal solid waste burned, and the weight of all 

other fuels and wastes burned in the unit. 

(4) Medical waste incineration units. Incineration units regulated under 

40 CFR 60, Subpart Ec (Standards of Performance for 

Hospital/Medical/Infectious Waste Incinerators for Which 

Construction is Commenced After June 20, 1996) or 40 CFR 60, 

Subpart Ca (Emission Guidelines and Compliance Times for 

Hospital/Medical/Infectious Waste Incinerators). 

(5) Small power production facilities. Units that meet the three 

requirements specified in (5)(i) through (iii) of this paragraph. 

(i) The unit qualifies as a small power-production facility under 

section 3 (17)(C) of the Federal Power Act (16 U.S.C. 796 

(17)(C)). 

(ii) The unit burns homogeneous waste (not including refusederived fuel) to produce electricity. 
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(iii) The owner or operator of the CISWI unit notifies the 

Executive Director that the unit meets all of these criteria. 

(6) Co-generation facilities. Units that meet the three requirements 

specified in (6)(i) through (iii) of this paragraph. 

(i) The unit qualifies as a co-generation facility under section 

3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)). 

(ii) The unit burns homogeneous waste (not including refusederived fuel) to produce electricity and steam or other forms 

of energy used for industrial, commercial, heating, or cooling 

purposes. 

(iii) The owner or operator of the CISWI unit notifies the 

Executive Director that the unit meets all of these criteria. 

(7) Hazardous waste combustion units. Units that meet either of the two 

criteria specified in (7)(i) or (ii) of this paragraph. 

(i) Units for which the owner or operator is required to get a 

permit under section 3005 of the Solid Waste Disposal Act. 

(ii) Units regulated under Subpart EEE of 40 CFR Part 63 

(National Emission Standards for Hazardous Air Pollutants 

from Hazardous Waste Combustors). 

(8) Materials recovery units. Units that combust waste for the primary 

purpose of recovering metals, such as primary and secondary 

smelters. 

(9) Air curtain incinerators. Air curtain incinerators that burn only the 

materials listed in (9)(i) through (iii) of this paragraph are only 

required to meet the requirements under "Air Curtain Incinerators" 40 

CFR 60.2810 through 60.2870. 

(i) 100 percent wood waste. 

(ii) 100 percent clean lumber. 

(iii) 100 percent mixture of only wood waste, clean lumber, and/or 

yard waste. 

(10) Cyclonic barrel burners. (See 40 CFR 60.2875) 

(11) Rack, part, and drum reclamation units. (See 40 CFR 60.2875) 
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(12) Cement kilns. Kilns regulated under Subpart LLL of 40 CFR Part 63 

(National Emission Standards for Hazardous Air Pollutants from the 

Portland Cement Manufacturing Industry). 

(13) Sewage sludge incinerators. Incineration units regulated under 

Subpart O of 40 CFR Part 60 (Standards of Performance for Sewage 

Treatment Plants). 

(14) Chemical recovery units. Combustion units burning materials to 

recover chemical constituents or to produce chemical compounds 

where there is an existing commercial market for such recovered 

chemical constituents or compounds. The seven types of units 

described in (14)(i) through (vii) of this paragraph are considered 

chemical recovery units. 

(i) Units burning only pulping liquors (i.e., black liquor) that are 

reclaimed in a pulping liquor recovery process and reused in 

the pulping process. 

(ii) Units burning only spent sulfuric acid used to produce virgin 

sulfuric acid. 

(iii) Units burning only wood or coal feedstock for the production 

of charcoal. 

(iv) Units burning only manufacturing byproduct streams/residues 

containing catalyst metals which are reclaimed and reused as 

catalysts or used to produce commercial grade catalysts. 

(v) Units burning only coke to produce purified carbon monoxide 

that is used as an intermediate in the production of other 

chemical compounds. 

(vi) Units burning only hydrocarbon liquids or solids to produce 

hydrogen, carbon monoxide, synthesis gas, or other gases for 

use in other manufacturing processes. 

(vii) Units burning only photographic film to recover silver. 

(15) Laboratory analysis units. Units that burn samples of materials for 

the purpose of chemical or physical analysis. 

3. Schedule for compliance. 
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(a) Except as provided in sub-paragraph (b), each designated or affected facility 

to which the provisions of Section 13 are applicable, shall comply with the 

emission standards and requirements set forth in Section 13 not later than 

December 1, 2003. 

(b) Any designated or affected facility that does not comply with sub-paragraph 

(a) shall be subject to the increments of progress requirements set forth in 40 

CFR 60.2575 through 60.2605 and shall comply as follows: 

(1) Increment 1 - Submit final control plan - April 1, 2003 

(2) Increment 2 - Achieve final compliance - December 1, 2005 

4. Permitting requirements. Each CISWI unit affected by the provisions of Section 13 

shall be subject to the permitting requirements of Air Emissions Operating Permit 

Regulations for the Purposes of Title V of the Federal Clean Air Act, APC-S-6; and 

the owner and/or operator of the affected facility shall submit the necessary permit 

application not later than April 1, 2003. Beginning December 1, 2003, affected 

facilities shall only operate pursuant to authorization, or a permit issued, pursuant to 

the operating permit regulations referenced herein. 

5. Clarifications of terminology. Clarification for certain terms contained in the 

requirements adopted by reference into Section 13 are as follows: 

(a) The term "Administrator", as it relates to the State Air Pollution Control 

Agency in 40 CFR 60.2575 through 60.2875, means the "Executive Director" 

of the Mississippi Department of Environmental Quality. 

(b) The term "You" in 40 CFR 60.2575 through 60.2875 means the owner or 

operator of a CISWI unit. 

(c) The term "State plan" in 40 CFR 60.2575 through 60.2875 means the plan 

(including the requirements set forth in Section 13) submitted to the U.S. 

Environmental Protection Agency that implement the emission guidelines 

contained in 40 CFR 60, Subpart DDDD. 

SECTION 14. PROVISIONS FOR THE CLEAN AIR INTERSTATE RULE. 

1. The provisions of this paragraph apply to Electric Generating Units subject to the 

Clean Air Interstate Rule (CAIR) as set forth in 40 CFR 51.123, 40 CFR 51.124, and 

40 CFR 96.102 through 40 CFR 96.388 as amended and promulgated by the U.S. 

Environmental Protection Agency as of October 3, 2008. All such requirements are 

incorporated herein and adopted by reference by the Mississippi Commission on 

Environmental Quality as official regulations of the State of Mississippi and shall 

hereafter be enforceable as such except as follows: 
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(a) The term "permitting authority" shall mean the "Mississippi Environmental 

Quality Permit Board" except when used in the definitions of "Allocate or 

allocation" and "CAIR NOx allowance" in 40 CFR 96.102, the definitions of 

"Allocate or allocation" and "CAIR SO2 allowance" in 40 CFR 96.202, and 

the definitions of "Allocate or allocation" and "CAIR NOx Ozone Season 

allowance" in 40 CFR 96.302.

(b) Unit specific nitrogen oxides (NOx) annual and ozone season allowances 

shall be established by the Commission in accordance with the procedures 

outlined in 40 CFR 96.142 and 40 CFR 96.342 and will be assigned to each 

unit by the dates specified in 40 CFR 96.141 and 40 CFR 96.341. 
MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

"AIR EMISSION REGULATIONS FOR THE PREVENTION, ABATEMENT, AND 

CONTROL OF AIR CONTAMINANTS" 

APC-S-1 

Amended October 28, 2010 
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APC-S-1 

TABLE OF CONTENTS 

SECTION 1: GENERAL ...............................................................................................PAGE 1 

SECTION 2: DEFINITIONS.........................................................................................PAGE 1 

SECTION 3: SPECIFIC CRITERIA FOR SOURCES OF PARTICULATE MATTER

...........................................................................................................................................PAGE 5 

SECTION 4: SPECIFIC CRITERIA FOR SOURCES OF SULFUR COMPOUNDS 

...........................................................................................................................................PAGE 10 

SECTION 5: SPECIFIC CRITERIA FOR SOURCES OF CHEMICAL EMISSIONS 

...........................................................................................................................................PAGE 15 

SECTION 6: NEW SOURCES......................................................................................PAGE 15 

SECTION 7: EXCEPTIONS .........................................................................................PAGE 17 

SECTION 8: PROVISIONS FOR HAZARDOUS AIR POLLUTANTS..................PAGE 17 

SECTION 9: STACK HEIGHT CONSIDERATIONS...............................................PAGE 18 

SECTION 10: PROVISIONS FOR UPSETS, STARTUPS, AND SHUTDOWNS 

...........................................................................................................................................PAGE 23 

SECTION 11: SEVERABILITY ...................................................................................PAGE 25 

SECTION 12: PROVISIONS FOR EXISTING HOSPITAL/MEDICAL/INFECTIOUS 

 WASTE INCINERATORS ...........................................................................................PAGE 26 

SECTION 13: PROVISIONS FOR EXISTING COMMERCIAL AND INDUSTRIAL 

SOLID WASTE INCINERATION UNITS ..................................................................PAGE 61 

SECTION 14: PROVISIONS FOR THE CLEAN AIR INTERSTATE RULE .......PAGE 66 
APC-S-1, Air Emission Regulations, Amended October 28, 2010 

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MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

AIR EMISSION REGULATIONS FOR THE PREVENTION, ABATEMENT, 

AND CONTROL OF AIR CONTAMINANTS 

APC-S-1 

Amended October 28, 2010 

SECTION 1. GENERAL

1. Authority. Pursuant to the authority granted by Miss. Code Ann. 49-17-17, the 

following regulations are adopted for the purpose of preventing, abating, and 

controlling air pollution caused by air contaminants being discharged into the 

atmosphere as particulates, smoke, fly ash, solvents, and other chemicals or 

combinations thereof. 

2. Except as otherwise noted herein, stack emissions testing for demonstration of 

compliance with the regulations herein may be performed in accordance with the 

Test Methods of the U. S. Environmental Protection Agency in place at the time 

testing is performed or as otherwise approved by the staff of the Mississippi Office 

of Pollution Control and the U. S. Environmental Protection Agency. 

Notwithstanding this or any other provision in these or any other regulations, the 

owner or operator may use any credible evidence or information relevant to whether 

a source would have been in compliance with applicable requirements if the 

appropriate performance or compliance test had been performed, for the purpose of 

submitting compliance certifications. 

Notwithstanding any other provision in these or any other air pollution control 

regulations, any credible evidence or information relevant to whether a source would 

have been in compliance with applicable requirements if the appropriate performance 

or compliance test had been performed, can be used to establish whether or not a 

person has violated or is in violation of any standard or applicable requirement. 

3. In the event of a conflict between any of the requirements of these regulations and/or 

applicable requirements of any other regulation or law, the more stringent 

requirements shall be applied. 

SECTION 2. DEFINITIONS

The terms used in the regulations shall, unless the context otherwise requires, have the 

following meanings: 
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 1. "Air cleaning device." Any method, process or equipment which removes, reduces 

or renders less noxious air contaminants discharged into the atmosphere. This term 

is synonymous with air pollution control device. 

 2. "Air contaminant." Particulate matter, dust, fumes, gas, mist, smoke, or vapor, or 

any combination thereof produced by processes other than natural. 

 3. "Air contamination." The presence in the outdoor ambient air of one or more air 

contaminants which contribute to a condition of air pollution. 

 4. "Air contamination source." Any source at, from, or by reason of which there is 

emitted into the ambient air any air contaminant, regardless of who the person may 

be who owns or operates the building, premises, or other property in, at, or on which 

such source is located, or the facility, equipment or other property by which the 

emission is caused or from which the emission comes. 

 5. "Air contaminant point source." Any single point of emissions of any air 

contaminant such as from an individual machine or combustion device. 

 6. "Air pollution." The presence in the outdoor ambient air of one or more air 

contaminants in quantities, of characteristic, and of a duration which are materially 

injurious or can be reasonably expected to become materially injurious to human, 

plant, or animal life or to property, or which unreasonably interfere with enjoyment 

of life or use of property throughout the State or throughout such area of the State as 

shall be affected thereby. 

 7. "Ambient air." The encompassing atmosphere existing in the matter of space and to 

which life of this earth is adapted. For the purposes of these regulations, that portion 

of the atmosphere outside of buildings, stacks, and ducts. 

 8. "Atmosphere." The air that envelopes or surrounds the earth. This term is 

synonymous with ambient air. 

 9. "Commission." The Mississippi Commission on Environmental Quality. 

10. "Excess (or excessive) emission." The operation of a facility in which the emission 

of one or more pollutants exceeds the applicable limit(s). 

11. "Fly ash." Particulate matter capable of being gasborne or airborne or carried in the 

gas stream and consisting essentially of ash, fused ash, and/or unburned material. 

12. "Ground level." Unless otherwise specified in sampling techniques, will be 

considered to be in the range of one to twenty (20) feet of ground level. For ambient 

sampling, it shall also be outside the boundaries of the property which contains the 

air pollution source. 
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13. "Incinerator." A combustion device specifically designed for the destruction by high 

temperature burning of solid, semi-solid, liquid or gaseous combustible wastes and 

from which the solid residues contain little or no combustibles. 

14. "Modification." Any physical change in, or change in the method of operation of, an 

affected facility which increases the amount of any air pollutant emitted by such 

facility or which results in the emission of any air pollutant not previously emitted, 

except that: 

(1) Routine maintenance, repair and replacement shall not be considered 

physical changes, and 

(2) An increase in the production rate or hours of operation shall not be 

considered a change in the method of operation, unless it is 

prohibited by a permit. 

15. "Multiple chamber incinerator." Any article, machine, equipment, contrivance, 

structure, or any part thereof used to dispose of combustible refuse by burning, which 

consists of three or more refractory walls, interconnected by gas passage points or 

ducts and employing adequate design parameters necessary for maximum 

combustion of the material to be burned. 

16. "Opacity." The degree to which emissions reduce the transmission of light and 

obscure the background. 

17. "Open burning." The combustion of solid waste without (1) control of combustion 

air to maintain adequate temperature for efficient combustion, (2) containment of the 

combustion reaction in an enclosed device to provide sufficient residence time and 

mixing for complete combustion, and (3) control of the emission of the combustion 

products. 

18. "Ozone Action Day." A day(s) occurring between March 1 and October 31 of each 

year which the Executive Director has designated as being conducive to high rates of 

ozone formation for a named county(ies) among DeSoto, Hancock, Harrison, and 

Jackson Counties. 

19. "Particulate matter." Any airborne finely divided solid or liquid material with an 

aerodynamic diameter smaller than 100 micrometers. 

20. "Particulate matter emissions." All finely divided solid or liquid material, other than 

uncombined water, emitted to the ambient air as measured by an applicable EPA Test 

Method, an equivalent or alternative method specified by the EPA, or by a test 

method specified in the approved State Implementation Plan. 

21. "Person." The State or other agency, or institution thereof, any municipality, 

political subdivision, public or private corporation, individual, partnership, 
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association, 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. 

22. "PM2.5" Particulate matter with an aerodynamic diameter less than or equal to a 

nominal 2.5 micrometers as measured by a reference method based on Appendix L of 

40 CFR 50 and designated in accordance with 40 CFR 53 or by an equivalent method 

designated in accordance with 40 CFR Part 53. 

23. "PM2.5 emissions." Finely divided solid or liquid material, with an aerodynamic 

diameter less than or equal to a nominal 2.5 micrometers, emitted to the ambient air 

as measured by an applicable EPA Test Method, an equivalent or alternate method 

specified by the EPA, or by a test method specified in the approved State 

Implementation Plan. 

24. "PM10." Particulate matter with an aerodynamic diameter less than or equal to a 

nominal 10 micrometers as measured by a reference method based on Appendix J of 

40 CFR 50 and designated in accordance with 40 CFR 53 or by an equivalent method 

designated in accordance with 40 CFR Part 53. 

25. "PM10 emissions." Finely divided solid or liquid material, with an aerodynamic 

diameter less than or equal to a nominal 10 micrometers, emitted to the ambient air 

as measured by an applicable EPA Test Method, an equivalent or alternate method 

specified by the EPA, or by a test method specified in the approved State 

Implementation Plan. 

26. "Process weight." The total weight of all materials introduced into a source 

operation including solid fuels and water. Excluded materials are as follows: Liquids 

and gases used solely as fuels or as a means of conveyance, liquids used as a 

pollutant removal medium, recycled process materials counted at initial introduction, 

and air introduced for purposes of combustion. 

27. "Recreational area." Recreational area means: 

a. a national, state, county, or city designated park; or 

b. an outdoor recreational area, such as a golf course or swimming pool, owned 

by a city, county, or other public agency. 

28. "Residential area." Residential area means: 

a. a group of 20 or more single family dwelling units on contiguous property 

and having an average density of two or more units per acre, or 

b. a group of 40 or more single family dwelling units on contiguous property 

and having an average density of one or more units per acre, or 
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c. a subdivision containing at least 20 constructed houses, in which the 

subdivision plat is recorded in the chancery clerk's office of the appropriate 

county. 

29. "Shutdown." The termination of operation of equipment. Relative to fuel-burning 

equipment, a shutdown shall be construed to occur only when a unit is taken from a 

fired to a non-fired state. 

30. "Smoke." Small gasborne particles resulting from incomplete combustion and 

consisting predominantly, but not exclusively, of carbon, ash, and other combustible 

material. 

31. "Soot." Aggregated particles consisting mainly of carbonaceous material. 

32. "Soot blowing." The removal by mechanical means of accumulated carbon and/or 

ash from heat transfer surfaces of an operating fuel-burning unit. 

33. "Standard conditions." Standard conditions for gas measurement and calculation will 

be a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square 

inch absolute except where set by Applicable Rules and Regulations. 

34. "Startup." The bringing into operation from a non-operative condition. Relative to 

fuel-burning equipment, a startup shall be construed to occur only when a unit is 

taken from a non-fired to a fired state. 

35. "Total reduced sulfur, (TRS)" means hydrogen sulfide, mercaptans, dimethyl sulfide, 

and any other organic sulfides present. 

36. "Total suspended particulate." Particulate matter as measured by the method 

described in Appendix B of 40 CFR 50. 

37. "Upset." An unexpected and unplanned condition of operation of the facility in 

which equipment operates outside of the normal and planned parameters. An upset 

shall not include a condition of operation caused by improperly designed equipment, 

lack of preventive maintenance, careless or improper operation, operator error, or an 

intentional startup or shutdown of equipment. 

SECTION 3. SPECIFIC CRITERIA FOR SOURCES OF PARTICULATE MATTER

1. Smoke 

(a) No person shall cause, permit, or allow the emission of smoke from a point 

source into the open air from any manufacturing, industrial, commercial or 

waste disposal process which exceeds forty (40) percent opacity subject to 

the exceptions provided in (b) & (c). 
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(b) Startup operations may produce emissions which exceed 40% opacity for up 

to fifteen (15) minutes per startup in any one hour and not to exceed three (3) 

startups per stack in any twenty-four (24) hour period. 

(c) Emissions resulting from soot blowing operations shall be permitted provided 

such emissions do not exceed 60 percent opacity, and provided further that 

the aggregate duration of such emissions during any twenty-four (24) hour 

period does not exceed ten (10) minutes per billion BTU gross heating value 

of fuel in any one hour. 

2. Equivalent Opacity. No person shall cause, allow, or permit the discharge into the 

ambient air from any point source or emissions, any air contaminant of such opacity 

as to obscure an observer's view to a degree in excess of 40% opacity, equivalent to 

that provided in Section 3.1(a). This shall not apply to vision obscuration caused by 

uncombined water droplets. 

3. General Nuisances. No person shall cause, permit, or allow the emission of particles, 

or any contaminants in sufficient amounts or of such duration from any process as to 

be injurious to humans, animals, plants, or property, or to be a public nuisance, or 

create a condition of air pollution. 

(a) No person shall cause or permit the handling or transporting or storage of any 

material in a manner which allows or may allow unnecessary amounts of 

particulate matter to become airborne. 

(b) When dust, fumes, gases, mist, odorous matter, vapors, or any combination 

thereof escape from a building or equipment in such a manner and amount as 

to cause a nuisance to property other than that from which it originated or to 

violate any other provision of this regulation, the Commission may order 

such corrected in a way that all air and gases or air and gasborne material 

leaving the building or equipment are controlled or removed prior to 

discharge to the open air. 

4. Fuel Burning 

(a) Fossil Fuel Burning. The maximum permissible emission of ash and/or 

particulate matter from fossil fuel burning installations shall be limited as 

follows: 

(1) Emissions from installations of less than 10 million BTU per hour 

heat input shall not exceed 0.6 pounds per million BTU per hour heat 

input. 

(2) Emissions from installations equal to or greater than 10 million BTU 

per hour heat input but less than 10,000 million BTU per hour heat 
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input shall not exceed an emission rate as determined by the 

relationship 

E = 0.8808 * I-0.1667

where E is the emission rate in pounds per million BTU per hour heat 

input and I is the heat input in millions of BTU per hour. 

(3) Emissions from installations equal to or greater than 10,000 million 

BTU per hour heat input shall not exceed 0.19 pounds per million 

BTU per hour heat input. 

(b) Combination Boilers. Fuel burning operations utilizing a mixture of 

combustibles such as, but not limited to, fossil fuels plus bark, oil plus bark, 

or spent wood, or water treatment by-products sludge, to produce steam or 

heat water or any other heat transfer medium through indirect means may be 

allowed emission rates up to 0.30 grains per standard dry cubic foot. 

5. Kraft Process Recovery Boilers. The emissions of particulate matter from a recovery 

furnace stack shall not exceed four (4) pounds per ton of equivalent air-dried Kraft 

pulp produced at any given time. 

6. Manufacturing Processes. 

(a) General. Except as otherwise specified, no person shall cause, permit, or 

allow the emission of particulate matter in total quantities in any one hour 

from any manufacturing process, which includes any associated stacks, vents, 

outlets, or combination thereof, to exceed the amount determined by the 

relationship 

E = 4.1 p 0.67

where E is the emission rate in pounds per hour and p is the process weight 

input rate in tons per hour. 

Conveyor discharge of coarse solid matter may be allowed if no nuisance is 

created beyond the property boundary where the discharge occurs. 

(b) Kraft Pulping Mills. All mills existing prior to January 25, 1972, and not 

modified subsequent thereto shall comply with the following emission limits: 

(1) Recovery Furnaces. The emission of particulate matter from 

recovery furnace stacks shall not exceed four pounds per ton of 

equivalent air-dried Kraft pulp. 
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(2) Lime Kilns. The emission of particulate matter from lime kilns shall 

not exceed one pound per ton of equivalent air-dried Kraft pulp. 

(3) Smelt Tanks. The emission of particulate matter from smelt tanks 

shall not exceed one-half pound per ton of equivalent air-dried Kraft 

pulp. 

7. Open Burning. The open burning of residential, commercial, institutional, or 

industrial solid waste, is prohibited. This prohibition does not apply to infrequent 

burning of agricultural wastes in the field, silvicultural wastes for forest management 

purposes, land-clearing debris, debris from emergency clean-up operations, and 

ordnance; and permitted open burning at hazardous waste disposal facilities subject 

to regulation under Subtitle C of the Federal Resource Conservation and Recovery 

Act (RCRA). 

(a) Fires set for the burning of agricultural wastes in the field and/or silvicultural 

wastes for forest management purposes must meet the following conditions. 

(1) A Permit must be obtained from the Mississippi Forestry 

Commission. 

(2) The open burning must occur within a time period allowing adequate 

diffusion of air pollutants as defined by the permit and the daily 

weather guides issued by the National Weather Forecast Office. 

(3) Starter or auxiliary fuels may consist of dried vegetation, petroleum 

derived fuels of the gasoline, kerosene, or light fuel oil types (diesel), 

or a combination thereof. Use of or burning of other combustible 

material that causes excessive visible emission (e.g., rubber tires, 

plastic materials, etc.) is prohibited. 

(b) Open burning of land-clearing debris must not use starter or auxiliary fuels 

which cause excessive smoke (rubber tires, plastics, etc.); must not be 

performed if prohibited by local ordinances; must not cause a traffic hazard; 

must not take place where there is a High Fire Danger Alert declared by the 

Mississippi Forestry Commission or Emergency Air Pollution Episode Alert 

imposed by the Executive Director and must meet the following buffer zones. 

(1) Open burning without a forced-draft air system must not occur within 

500 yards of an occupied dwelling. 

(2) Open burning utilizing a forced-draft air system on all fires to 

improve the combustion rate and reduce smoke may be done within 

500 yards of but not within 50 yards of an occupied dwelling. 
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(3) Burning must not occur within 500 yards of commercial airport 

property, private air fields, or marked off-runway aircraft approach 

corridors unless written approval to conduct burning is secured from 

the proper airport authority, owner or operator. 

(c) Permitted open burning at a hazardous waste disposal facility subject to 

regulation under Subtitle C of RCRA is considered a stationary source of air 

pollution subject to Mississippi air emission permitting regulations. 

(d) Ozone Action Days in DeSoto County, Hancock County, Harrison County 

and Jackson County. In DeSoto County, Hancock County, Harrison County, 

or Jackson County, open burning of agricultural wastes and silvicultural 

wastes described in 7(a) above, open burning of land-clearing debris 

described in 7(b) above, and permitted open burning at a hazardous waste 

disposal facility described in 7(c) above are prohibited in said county when 

an Ozone Action Day is declared by the Executive Director for the 

county(ies). Ozone Action Days shall be noticed the evening before on the 

MDEQ website at http://deq.state.ms.us, and/or with local news media. The 

Mississippi Department of Transportation, Mississippi State Forestry 

Commission and local fire officials shall also be notified the evening before 

an Ozone Action Day. 

8. Incineration. 

(a) The maximum discharge of particulate matter from any incinerator, except 

those specified in paragraph (b) or (c) of this section, or those specified in 

Section 6 and Section 12 shall not exceed 0.2 grains per standard dry cubic 

foot of flue gas calculated to twelve percent (12%) carbon dioxide by volume 

for products of combustion. This limitation shall apply when the incinerator 

is operating at design capacity. 

The carbon dioxide produced by combustion of any auxiliary fuels shall be 

excluded from the calculation to twelve percent (12%) carbon dioxide. After 

May 8, 1970, any new equipment shall be of the multiple chamber type or its 

equivalent for emission control. In critical areas where an installation is in 

close proximity to a residential area, an incinerator, except those specified in 

paragraph (b) of this section, or those specified in Section 6 and Section 12, 

shall be limited to emissions of 0.1 grains per standard dry cubic foot of flue 

gases calculated to twelve percent (12%) carbon dioxide by volume for 

products of combustion. 

(b) The maximum discharge of smoke from the incineration of waste material 

resulting totally from the ginning of cotton shall not obscure an observer's 

view to a degree in excess of 40% opacity. 
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Start-up operations may produce emissions which exceed 40% opacity for up 

to fifteen minutes per start-up in any one hour not to exceed three (3) startups in any twenty-four (24) hour period. 

After July 1, 1994, the emission limitation specified in paragraph (a) of this 

section shall also be applicable to cotton gin waste incinerators. 

(c) The emission limitation in paragraph (a) above does not apply to 

afterburners, flares, thermal oxidizers, and other similar devices used to 

reduce the emissions of air pollutants from processes. 

9. Sampling Ports. 

(a) New Equipment: The owner or operator of any new air pollution control 

equipment, obtained after May 8, 1970, and vented to the atmosphere, shall 

have necessary sampling ports and ease of accessibility. 

(b) Existing Equipment: The owner or operator of air pollution control 

equipment that is in existence prior to May 8, 1970, shall provide the 

necessary sampling ports and ease of accessibility when deemed necessary 

by the Permit Board. 

10. More Restrictive Emission Limits. The Commission reserves the right to prescribe 

more stringent emission limits as it deems necessary in problem areas. The 

expansion, alteration, or establishment of a new industry may also result in the 

prescription of more stringent emission limits. 

SECTION 4. SPECIFIC CRITERIA FOR SOURCES OF SULFUR COMPOUNDS

1. Sulfur Dioxide Emissions from Fuel Burning 

(a) The maximum discharge of sulfur oxides from any fuel burning installation 

in which the fuel is burned primarily to produce heat or power by indirect 

heat transfer shall not exceed 4.8 pounds (measured as sulfur dioxide) per 

million BTU heat input. 

(b) No person shall cause or permit the burning of fuel in any fuel burning 

equipment that results in an average emission of sulfur dioxide from any 

calendar year at a rate greater than was emitted by said fuel burning 

equipment for the corresponding calendar year 1970 unless otherwise 

authorized by the Commission. Installations under construction on January 

25, 1972, are excluded from this requirement. 

(c) The maximum discharge of sulfur dioxide from any modified fuel burning 

unit whose generation capacity is less than 250 million BTU per hour and in 

which the fuel is burned primarily to produce heat or power by indirect heat 
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transfer shall not exceed 2.4 pounds (measured as sulfur dioxide) per million 

BTU heat input. For the purposes of Section 4 of these regulations only, 

"modification" shall mean any physical change in an Air Contaminant Source 

which increases the amount of any air pollutant (to which a standard applies) 

emitted by such source or which results in the emission of any air pollutant 

(to which a standard applies) not previously emitted. 

2. Sulfur Dioxide Emissions from Processes 

(a) Except as otherwise provided herein, no person shall cause or permit the 

emission of gas containing sulfur oxides (measured as sulfur dioxide) in 

excess of 2,000 ppm (volume) from any process equipment in existence on 

January 25, 1972, or in excess of 500 ppm (volume) from any process 

equipment constructed after January 25, 1972. The 500 ppm (volume) 

requirement shall apply for equipment constructed after January 25, 1972 

unless otherwise provided by the Commission. 

(b) Except as otherwise provided in paragraph 2(f)(1), no person shall cause or 

permit the emission of any gas stream which contains hydrogen sulfide in 

excess of one grain per 100 standard cubic feet. 

Gas streams containing hydrogen sulfide in excess of one grain per 100 

standard cubic feet shall be incinerated at temperatures of not less than 

1600o

F for a period of not less than 0.5 seconds, or processed in such manner 

which is equivalent to or more effective for the removal of hydrogen sulfide. 

Sulfur dioxide concentration limitations in the gas streams resulting from 

such incineration or processing shall be determined for each emission point 

on a case-by-case basis to insure that the resulting maximum ground level 

concentration of sulfur dioxide as determined by acceptable method or 

methods will be in compliance with the National Ambient Air Quality 

Standards for sulfur dioxide. Testing to determine the productive capacity of 

new fields shall be exempted from emission limitation provisions of the 

paragraph of the regulation providing such testing has been previously 

negotiated and approved by the Mississippi Office of Pollution Control. 

This regulation shall not apply to sulfur recovery plants. 

(c) No person shall cause or permit acid mist emissions from sulfuric acid 

manufacturing plants to exceed 0.5 pounds/ton of acid produced. Sulfur 

trioxide emissions from sulfuric acid manufacturing plants shall not exceed 

0.2 pounds/ton of acid produced. 

(d) No person shall cause or permit emission of sulfur oxides, calculated as 

sulfur dioxide, from a sulfur recovery plant to exceed 0.12 pounds per pound 

of sulfur processed. 
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(e) No person shall cause or permit emissions of sulfur oxides, calculated as 

sulfur dioxide, from primary nonferrous smelters, in excess of the emission 

calculated as follows: 

Copper smelters: Y = 0.2X 

Zinc smelters: Y = 0.564X0.85

Lead smelters: Y = 0.98X0.77

Where X is the total sulfur fed to the smelter in pounds/hour and Y is the 

allowable sulfur emissions in pounds/hour. 

(f) Kraft Pulp Mills 

1. All mills existing prior to November 1, 1987, and not modified 

subsequent thereto, excluding mills or facilities subject to New 

Source Performance Standards, shall control the emission of total 

reduced sulfur compounds (TRS) so as to not exceed the emission 

limits set forth below: 

a. Straight recovery boiler systems - twenty (20) parts per 

million TRS, expressed as hydrogen sulfide on a dry gas basis 

corrected to 8% oxygen, on a 12-hour average basis, except 

that: 

i. the International Paper Company, Vicksburg, 

Mississippi, shall be allowed 40 parts per million 

TRS, expressed as hydrogen sulfide on a dry gas basis 

corrected to 8% oxygen, on a 12-hour average basis, 

ii. the International Paper Company, Natchez, 

Mississippi, Recovery Boilers 4 & 5, shall be allowed 

40 parts per million TRS, expressed as hydrogen 

sulfide on a dry gas basis corrected to 8% oxygen, on 

a 12-hour average basis, and 

iii. the Georgia-Pacific Corporation, Monticello, 

Mississippi, shall be allowed 40 parts per million 

TRS, expressed as hydrogen sulfide on a dry gas basis 

corrected to 8% oxygen, on a 12-hour average basis. 

b. Lime kiln systems - twenty (20) parts per million of TRS, 

expressed as hydrogen sulfide on a dry gas basis corrected to 

10% oxygen, on a 12-hour average basis. 
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c. Digester systems - five (5) parts per million of TRS, 

expressed as hydrogen sulfide on a dry gas basis corrected to 

10% oxygen, on a 12-hour average basis. 

d. Multiple effect evaporator systems - five (5) parts per million 

of TRS, expressed as hydrogen sulfide on a dry gas basis 

corrected to 10% oxygen, on a 12-hour average basis. 

e. Condensate stripper systems - five (5) parts per million of 

TRS, expressed as hydrogen sulfide on a dry gas basis 

corrected to 10% oxygen, on a 12-hour average basis. 

f. Smelt dissolving tank - 0.016 gram of TRS, expressed as 

hydrogen sulfide on a dry gas basis, per kilogram of black 

liquor solids (dry weight). 

g. Equivalent control systems (controls for treating collected 

noncondensible gases in a manner equivalent to incineration 

in a lime kiln) - five (5) parts per million TRS, expressed as 

hydrogen sulfide on a dry gas basis, corrected to the actual 

oxygen content of the untreated gas stream, on a 12-hour 

average basis. 

2. All mills, as defined above, shall, by February 1, 1988, demonstrate 

compliance with the TRS emission limits set forth above. 

Compliance demonstration for recovery boilers, lime kilns, smelt 

tanks, and equivalent control systems for collected noncondensible 

gases shall be by testing in accordance with EPA Test Method 16 or 

16A and submittal of a stack test report. Compliance demonstration 

for digester systems, multiple effect evaporator systems and 

condensate stripper systems shall be by certification that these 

systems are fully connected to a noncondensible gas collection 

system followed by incineration in the lime kiln or equivalent control 

and testing of lime kiln or equivalent control as specified above. A 

compliance schedule may be submitted, as set forth below, on any or 

all systems not expected to comply with the emission limit and such 

submittal will negate the requirement for immediate compliance 

demonstration, as referenced above, on those systems. 

Any mill defined above which, on November 1, 1987, is unable to 

comply with the emission limits set forth above, shall, within three 

(3) months thereafter, submit a schedule for attaining compliance 

with these limits. The compliance schedule shall not extend past 

November 1, 1990. Compliance with emission limits shall be 

demonstrated by the methods specified above, as appropriate, no later 

than the end of the compliance schedule. Compliance demonstration 
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for recovery boilers, lime kilns, smelt tanks, and equivalent control 

systems for collected noncondensible gases shall be by testing in 

accordance with EPA Test Method 16 or 16A and submittal of a 

stack test report. Compliance demonstration for digester systems, 

multiple effect evaporator systems and condensate stripper systems 

shall be by certification that these systems are fully connected to a 

noncondensible gas collection system followed by incineration in the 

lime kiln or equivalent control and testing of lime kiln or equivalent 

control as specified above. 

3. All mills, as defined above, shall monitor the emission of TRS and/or 

other gas constituents as described below: 

a. The TRS emission concentration in recovery boiler flue gas 

shall be monitored by either: 

i. A continuous monitoring device which meets the 

requirements of 40 CFR 60, Performance 

Specification 5; or 

ii. Performance of EPA Method 16 or 16A on no less 

than a (calendar) quarterly basis. 

b. The oxygen concentration in recovery boiler flue gas shall be 

continuously monitored by a device which meets the 

requirements of 40 CFR 60, Performance Specification 3. 

c. The TRS concentration in lime kiln flue gas shall be 

continuously monitored by a device which meets the 

requirements of 40 CFR 60, Performance Specification 5. 

d. The oxygen concentration in lime kiln flue gas shall be 

continuously monitored by a device which meets the 

requirements of 40 CFR 60, Performance Specification 3. 

All mills, as defined above, shall obtain the necessary continuous 

monitoring equipment and begin monitoring by November 1, 1988, 

or no later than the date of final compliance with the regulation, if 

compliance is not immediate. For mills choosing to use EPA 

Method 16 or 16A for recovery boiler monitoring, the necessary 

equipment and/or monitoring capability must be obtained by 

February 1, 1988. Also, when Method 16 or 16A is used, each 

successive quarter's testing shall be separated from the previous 

quarter's by a period of not less than sixty (60) days and prior notice 

to the Mississippi Office of Pollution Control of all testing shall be 

made. 
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All mills, as defined above, shall calculate and record, on a daily 

basis, the 12-hour average TRS concentration and O2 concentration 

for the two consecutive operating periods of each operating day for 

both the recovery boiler (if continuously monitored) and lime kiln. 

Each 12-hour average shall be determined as the arithmetic mean of 

the appropriate 12 continuous 1-hour average concentrations. Each 

12-hour average TRS concentration shall be corrected to 10%, or 8% 

O2, as appropriate to the emission limit, using the equation defined in 

40 CFR 60.284(c)(3). 

All mills, as defined above, shall report, for each calendar quarter, the 

periods of emissions which exceed the TRS limits specified above 

from the recovery boiler and lime kiln. The report shall specify the 

12-hour period of each exceedance by time and date, the average 

emissions concentration for the period, and total number of 12-hour 

periods of mill operation during the quarter. The report shall also 

detail all outages of the monitoring devices by time and date. The 

report shall be due within forty-five (45) days following the end of 

the calendar quarter. 

SECTION 5. SPECIFIC CRITERIA FOR SOURCES OF CHEMICAL EMISSIONS

1. Fluorides. No person shall allow the emission of fluorides into the ambient air in 

excess of four-tenths (0.4) pound per ton of P2O5 or equivalent. The allowable 

emission of fluorides shall be calculated by multiplying the unit emission, specified 

above, times the expressed design production capacity of the installation or plant. 

2. Miscellaneous Chemical Emissions. No person shall cause, permit, or allow the 

emission of toxic, noxious, or deleterious substances, in addition to those considered 

in these regulations, into the ambient air in concentrations sufficient to affect human 

health and well-being, or unreasonably interfere with the enjoyment of property or 

unreasonably and adversely affect plant or animal life beyond the boundaries of the 

property containing the air pollution source. 

SECTION 6. NEW SOURCES

The provisions of this section apply to the owner or operator of any source listed herein, the 

construction or modification of which is commenced after the date of adoption of specific 

emission limitations applicable to such source. 

1. Kraft Pulping Mills. All sources shall minimize gaseous and particulate emission by 

use of modern equipment, devices, maintenance, and operating practices in 

accordance with best current technology. In no case shall emissions exceed the 

limits set forth in any applicable Federal Standard of Performance for New 

Stationary Sources. 
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2. Other Limitations. The Mississippi Pollution Control Permit Board, in accordance 

with Commission Regulation APC-S-2, may require more stringent emission 

limitations which it deems necessary to meet applicable national primary and 

secondary ambient air quality standards, necessary to insure that ambient air 

pollution concentrations do not exceed ambient air increments or violate other 

requirements under Federal Prevention of Significant Deterioration (PSD) 

regulations promulgated by the U.S. Environmental Protection Agency as of 

August 23, 1989, pursuant to Section 160 through 169 of the Federal Clean Air Act 

as amended, or necessary to meet other Federal law or regulations enacted or 

promulgated subsequent to this regulation. 

3. New Source Performance Standards. The Federal New Source Performance 

Standards are those duly promulgated by the U.S. Environmental Protection Agency 

in (or to be printed in) 40 C.F.R. Part 60, pursuant to Section 111 of the Federal 

Clean Air Act, as amended, and Consolidated Federal Air Rule provisions duly 

promulgated by the U.S. Environmental Protection Agency in (or to be printed in) 40 

C.F.R Part 65. All such regulations promulgated by the U.S. Environmental 

Protection Agency as of September 13, 2010, are incorporated herein and adopted by 

reference by the Commission as official regulations of the State of Mississippi and 

shall hereafter be enforceable as such (except the word "Administrator" in said 

standards and general implementing regulations shall be replaced by the words 

"Executive Director" and the word "Agency" shall be replaced by the word 

"Department".) Hereafter, any facility subject to the Federal New Source 

Performance Standards shall comply with the emission limitations and other 

requirements of said standards. 

4. Additional Requirements for Infectious Waste Incineration. 

a. Infectious waste incinerators which incinerate only those wastes generated 

on-site and are installed after December 9, 1993, shall comply with the 

following: 

i. Daily records shall be kept of the times of operation, quantity of 

wastes incinerated and the temperature of the secondary chamber 

which temperature shall be monitored continuously. Records shall be 

maintained on hand for at least two (2) years. 

ii. Only wastes generated on-site may be incinerated. Disposal of 

wastes from off-site shall cause the incinerator to be classified as a 

commercial incinerator and, therefore, subject to the requirements 

applicable to such units. 

b. Commercial Incinerators. For purposes of this regulation, a commercial 

incinerator is any infectious waste incinerator that incinerates wastes other 

than or in addition to wastes generated on-site. A commercial infectious 
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waste incinerator installed or modified after December 9, 1993, shall comply 

with the following: 

i. A manifest system, including a detailed description of the waste 

collection and transportation system shall be employed. Daily 

records shall be kept of the times of incinerator operation, quantity of 

wastes incinerated and temperature of the secondary chamber which 

temperature shall be monitored continuously. Records shall be 

maintained on hand for at least two (2) years. 

ii. Notwithstanding the requirements of Section 6.4.b.i and Section 12, 

the Permit Board may in any permit, in accordance with Regulation 

APC-S-2, establish more stringent requirements for emissions, 

operating parameters, monitoring, and recordkeeping subject to the 

provisions of Miss. Code Ann. 49-17-34(2) and (3). 

SECTION 7. EXCEPTIONS

If any single source of emission or combination of sources of emissions is found to 

compromise the ambient air quality in the State, beyond the limitations set forth in any 

national primary and secondary ambient air quality standards now or hereafter established by 

the Administrator of the Environmental Protection Agency pursuant to the Clean Air Act as 

amended December 31, 1970, (Public Law 91-640) notwithstanding compliance with any 

maximum allowable emission rate allowed by this regulation, the Mississippi Commission 

on Environmental Quality may require such further reduction in emission from this or these 

sources as is necessary to obtain compliance with said national primary and secondary 

ambient air quality standards. 

SECTION 8. PROVISIONS FOR HAZARDOUS AIR POLLUTANTS 

1. Hazardous Air Pollutant Emission Standards 

Hazardous air pollutant emission standards are National Emission Standards for 

Hazardous Air Pollutants duly promulgated by the U. S. Environmental Protection 

Agency in (or to be printed in) 40 C.F.R. Part 61 pursuant to Section 112 of the 

Federal Clean Air Act, as amended; National Emission Standards for Hazardous Air 

Pollutants for Source Categories duly promulgated by the U.S. Environmental 

Protection Agency in (or to be printed in) 40 C.F.R. Part 63 pursuant to Section 112 

of the Federal Clean Air Act, as amended; and Consolidated Federal Air Rule 

provisions duly promulgated by the U.S. Environmental Protection Agency in (or to 

be printed in) 40 C.F.R. Part 65. All such regulations promulgated by the U.S. 

Environmental Protection Agency as of September 13, 2010, are incorporated herein 

and adopted by reference by the Commission as official regulations of the State of 

Mississippi and shall hereafter be enforceable as such (except the word 

"Administrator" in said standards and general implementing regulations shall be 

replaced by the words "Executive Director" and the word "Agency" shall be replaced 
APC-S-1, Air Emission Regulations, Amended October 28, 2010 

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by the word "Department"). Hereafter, any facility subject to the National Emission 

Standards for Hazardous Air Pollutants and/or the National Emission Standards for 

Hazardous Air Pollutants for Source Categories shall comply with the emission 

limitations and other requirements of said standards. 

2. National Emission Standards for Hazardous Air Pollutants; Compliance Extensions 

for Early Reductions. 

The National Emission Standards for Hazardous Air Pollutants: Compliance 

Extensions for Early Reductions are regulations duly promulgated by the U.S. 

Environmental Protection Agency in (or to be printed in) 40 C.F.R. Part 63 pursuant 

to Section 112 of the Federal Clean Air Act, as amended. All such regulations 

promulgated by the U.S. Environmental Protection Agency are incorporated herein 

and adopted by reference by the Commission as official regulations of the State of 

Mississippi and shall hereafter be enforceable as such. 

3. Case by Case Maximum Achievable Control Technology Requirements 

The Mississippi Pollution Control Permit Board, in accordance with Commission 

Regulation APC-S-6, may require emissions limitations necessary to meet case by 

case maximum achievable control technology ("MACT") requirements in accordance 

with Section 112(j) and (g) of the Federal Act. 

4. Mercury Emissions from Electric Utilities. 

Mercury emissions from electric utilities are regulated in accordance with the 

Emission Guidelines for the Control of Mercury Emissions from Coal-Fired Electric 

Steam Generating Units promulgated by the U.S. Environmental Protection Agency 

in 40 CFR Part 60, Subpart HHHH, pursuant to Section 111 of the Federal Clean Air 

Act, as amended. All such regulations duly promulgated by the U.S. Environmental 

Protection Agency as of October 3, 2008, are incorporated herein and adopted by 

reference by the Commission as official regulations of the State of Mississippi and 

shall hereafter be enforceable as such, except for the changes noted in (a) and (b). 

Hereafter, any facility subject to the Federal Emission Guidelines shall comply with 

all applicable requirements of the regulation. 

(a) The phrase "permitting authority" shall mean "Mississippi Environmental 

Quality Permit Board" except when used in the definitions of "Allocate or 

allocation" and "Hg allowance" in 40 CFR 60.4102. 

(b) The permitting authority will allocate mercury allowances in accordance with 

the procedures outlined in 40 CFR 60.4142 and by the dates specified in 40 

CFR 60.4141. 

SECTION 9. STACK HEIGHT CONSIDERATIONS
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1. Definitions 

(a) "Emission limitation" and "emission standard." A requirement established 

which limits the quantity, rate, or concentration of emissions of air pollutants 

on a continuous basis, including any requirements which limit the level of 

opacity, prescribe equipment, set fuel specifications, or prescribe operation or 

maintenance procedures for a source to assure continuous emission 

reduction. 

(b) "Stack." Any point in a source designed to emit solids, liquids, or gases into 

the air, including a pipe or duct but not including flares. 

(c) "A stack in existence." The owner or operator had either: 

(1) Begun, or caused to begin, a continuous program of physical on-site 

construction of the stack, or 

(2) Entered into binding agreements or contractual obligations, which 

could not be cancelled or modified without substantial loss to the 

owner or operator, to undertake a program of construction of the 

stack to be completed in a reasonable time. 

(d) "Dispersion technique." Any technique which attempts to affect the 

concentration of a pollutant in the ambient air by using that portion of a stack 

which exceeds good engineering practice stack height, varying the rate of 

emission of a pollutant according to atmospheric conditions or ambient 

concentrations of that pollutant, or increasing final exhaust gas plume rise by 

manipulating source process parameters, exhaust gas parameters, stack 

parameters, or combining exhaust gases from several existing stacks into one 

stack; or other selective handling of exhaust gas streams so as to increase the 

exhaust gas plume rise. The preceding sentence does not include: 

(1) The reheating of a gas stream, following use of a pollution control 

system, for the purpose of returning the gas to the temperature at 

which it was originally discharged from the facility generating the 

gas stream: 

(2) The merging of exhaust gas streams where: 

(i) The source owner or operator demonstrates that the facility 

was originally designed and constructed with such merged 

gas streams; 

(ii) After July 8, 1985, such merging is part of a change in 

operation at the facility that includes the installation of 

pollution controls and is accompanied by a net reduction in 
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the allowable emissions of a pollutant. This exclusion from 

the definition of "dispersion techniques" shall apply only to 

the emission limitation for the pollutant affected by such 

change in operation; or 

(iii) Before July 8, 1985, such merging was part of a change in 

operation at the facility that included the installation of 

emissions control equipment or was carried out for sound 

economic or engineering reasons. Where there was an 

increase in the emission limitation or, in the event that no 

emission limitation was in existence prior to the merging, an 

increase in the quantity of pollutants actually emitted prior to 

the merging, the reviewing agency shall presume that 

merging was significantly motivated by an intent to gain 

emissions credit for greater dispersion. Absent a 

demonstration by the source owner or operator that merging 

was not significantly motivated by such intent, the reviewing 

agency shall deny credit for the effects of such merging in 

calculating the allowable emissions for the source; 

(3) The use of smoke management in agricultural or silvicultural 

prescribed burning programs; or 

(4) Episodic restrictions on residential woodburning and open burning; 

or 

(5) Techniques under Paragraph 9.1(d) which increase final exhaust gas 

plume rise where the resulting allowable emissions of sulfur dioxide 

from the facility do not exceed 5,000 tons per year. 

(e) "Good engineering practice (GEP) stack height." The greater of: 

(1) 65 meters measured from the ground-level elevation at the base of the 

stack; 

(2) (i) For stacks in existence on January 12, 1979, and for which 

the owner or operator had obtained all applicable 

preconstruction permits or approvals required, Hg = 2.5 H, 

provided the owner or operator produces evidence that this 

equation was actually relied on in establishing an emission 

limitation; 

(ii) For all other stacks, 

Hg = H + 1.5L, where 
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Hg = good engineering practice stack height, 

measured from the ground-level elevation at 

the base of the stack, 

H = height of nearby structure(s) measured from 

the ground-level elevation at the base of the 

stack, and 

L = lesser dimension (height or projected width) 

of nearby structure(s), 

provided that the U. S. Environmental Protection 

Agency or the Commission may require the use of a 

field study or fluid model to verify GEP stack height 

for the source; or 

(3) The height demonstrated by a fluid model or a field study approved 

by the U. S. Environmental Protection Agency or the Commission, 

which ensures that the emissions from a stack do not result in 

excessive concentrations of any air pollutant as a result of 

atmospheric downwash, wakes, or eddy effects created by the source 

itself, nearby structures, or nearby terrain features. 

(f) "Nearby," As used in Paragraph 9.1(e)(2)(ii) is defined for a specific 

structure or terrain feature and means: 

(1) For purposes of applying the formulae provided in 

Paragraph 9.1(e)(2) that distance up to five times the lesser of the 

height or the width dimension of a structure, but not greater than 

0.8 km (1/2 mile), and 

(2) For conducting demonstrations under Paragraph 9.1(e)(3) that 

distance not greater than 0.8 km (1/2 mile), except that the portion of 

a terrain feature may be considered to be nearby which falls within a 

distance of up to 10 times the maximum height (Ht) of the feature, 

not to exceed 2 miles if such feature achieves a height (ht) 0.8 km 

from the stack that is at least 40 percent of the GEP stack height 

determined by the formulae provided in Paragraph 9.1(e)(2)(ii) of this 

part or 26 meters, whichever is greater, as measured from the groundlevel elevation at the base of the stack. The height of the structure or 

terrain feature is measured from the ground-level elevation at the 

base of the stack. 

(g) "Excessive concentration." For the purpose of determining good engineering 

practice stack height under Paragraph 9.1(e)(3), excessive concentration 

means: 
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(1) For sources seeking credit for stack height exceeding that established 

under Paragraph 9.1(e)(2), a maximum ground-level concentration 

due to emissions from a stack due in whole or part to downwash, 

wakes, and eddy effects produced by nearby structures or nearby 

terrain features which individually is at least 40 percent in excess of 

the maximum concentration experienced in the absence of such 

downwash, wakes, or eddy effects and which contributes to a total 

concentration due to emissions from all sources that is greater than an 

ambient air quality standard. For sources subject to the Prevention of 

Significant Deterioration program, an excessive concentration 

alternatively means a maximum ground-level concentration due to 

emissions from a stack due in whole or part to downwash, wakes, or 

eddy effects produced by nearby structures or nearby terrain features 

which individually is at least 40 percent in excess of the maximum 

concentration experienced in the absence of such downwash, wakes, 

or eddy effects and greater than a prevention of significant 

deterioration increment. The allowable emission rate to be used in 

making demonstrations under this part shall be prescribed by the new 

source performance standard that is applicable to the source category 

unless the owner or operator demonstrates that this emission rate is 

infeasible. Where such demonstrations are approved by the U. S. 

Environmental Protection Agency or the Commission, an alternative 

emission rate shall be established in consultation with the source 

owner or operator. 

(2) For sources seeking credit after October 11, 1983, for increases in 

existing stack heights up to the heights established under 

Paragraph 9.1(e)(2), either a maximum ground-level concentration 

due in whole or part to downwash, wakes, or eddy effects as provided 

in Paragraph 9.1(g)(1) of this section, except that the emission rate 

specified by the State implementation plan (or, in the absence of such 

a limit, the actual emission rate) shall be used, or the actual presence 

of a local nuisance caused by the existing stack, as determined by the 

Commission, and 

(3) For sources seeking credit after January 12, 1979, for a stack height 

determined under Paragraph 9.1(e)(2) where the U. S. Environmental 

Protection Agency or the Commission requires the use of a field 

study or fluid model to verify GEP stack height, for sources seeking 

stack height credit after November 9, 1984, based on the 

aerodynamic influence of cooling towers, and for sources seeking 

stack height credit after December 31, 1970, based on the 

aerodynamic influence of structures not adequately represented by 

the equations in Paragraph 9.1(e)(2), a maximum ground-level 

concentration due in whole or part to downwash, wakes, or eddy 
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effects that is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy 

effects. 

2. Stack Height Effect on Emission Limitations 

(a) The degree of emission limitation required of any source for control of any 

air pollutants shall not be affected by so much of any source's stack height 

that exceeds good engineering practice (GEP) or by any other dispersion 

technique, except as provided in (b) of this paragraph. 

(b) The provisions of Paragraph 9.2(a) shall not apply to stack heights in 

existence, or dispersion techniques implemented, prior to December 31, 

1970, except where pollutants are being emitted from such stacks or using 

such dispersion techniques by sources, as defined in Section 111(a)(3) of the 

Clean Air Act, which were constructed, or reconstructed or for which major 

modifications, as defined pursuant to Section 6, New Sources, were carried 

out after December 31, 1970. 

(c) If any existing source, after appropriate application of the preceding 

limitations and provisions, is found to exceed or potentially exceed an air 

quality standard or increment, as appropriate, when operating within 

previously established emission limitations, the emission limitations 

applicable to that source shall be modified so as to eliminate and prevent the 

exceedance. 

(d) If any new source or source modification, after appropriate application of the 

preceding limitations and provisions, is predicted to exceed an air quality 

standard, or increment, as appropriate, when considered as operating under 

emission limitations consistent with other Applicable Rules and Regulations, 

the emission limitations considered shall be deemed inadequate and different 

emission limits, based on air quality considerations, shall be made applicable. 

(e) If any source provides a field study or fluid modeling demonstration 

proposing a GEP stack height greater than that allowed by 

Paragraph 9.1(e)(1) and (2), then the public will be notified of the availability 

of the study and provided the opportunity for a public hearing before any new 

or revised emission limitation or permit is approved. 

(f) The actual stack height used or proposed by a source shall not be restricted in 

any manner by requirements of this paragraph. 

SECTION 10. PROVISIONS FOR UPSETS, STARTUPS, AND SHUTDOWNS

1. Upsets 
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(a) The occurrence of an upset as defined in Section 2 constitutes an affirmative 

defense to an enforcement action brought for noncompliance with emission 

standards or other requirements of Applicable Rules and Regulations or any 

applicable permit if the source demonstrates through properly signed 

contemporaneous operating logs, or other relevant evidence that include 

information as follows: 

(1) an upset occurred and that the source can identify the cause(s) of the 

upset; 

(2) the source was at the time being properly operated; 

(3) during the upset the source took all reasonable steps to minimize 

levels of emissions that exceeded the emission standards, or other 

requirements of Applicable Rules and Regulations or any applicable 

permit; 

(4) the source submitted notice of the upset to the DEQ within 5 working 

days of the time the upset began; and 

(5) the notice of the upset shall contain a description of the upset, any 

steps taken to mitigate emissions, and corrective actions taken. 

(b) In any enforcement proceeding, the source seeking to establish the 

occurrence of an upset has the burden of proof. 

(c) This provision is in addition to any upset provision contained in any 

applicable requirement. 

2. Startups and Shutdowns 

(a) Startups and shutdowns are part of normal source operation. Emissions 

limitations applicable to normal operation apply during startups and 

shutdowns except as follows: 

(1) when sudden, unavoidable breakdowns occur during a startup or 

shutdown, the event may be classified as an upset subject to the 

requirements above; 

(2) when a startup or shutdown is infrequent, the duration of excess 

emissions is brief in each event, and the design of the source is such 

that the period of excess emissions cannot be avoided without 

causing damage to equipment or persons; or 
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(3) when the emissions standards applicable during a startup or shutdown 

are defined by other requirements of Applicable Rules and 

Regulations or any applicable permit. 

(b) In any enforcement proceeding, the source seeking to establish the 

applicability of any exception during a startup or shutdown has the burden of 

proof. 

(c) In the event this startup and shutdown provision conflicts with another 

applicable requirement, the more stringent requirement shall apply. 

3. Maintenance. 

(a) Maintenance should be performed during planned shutdown or repair of 

process equipment such that excess emissions are avoided. Unavoidable 

maintenance that results in brief periods of excess emissions and that is 

necessary to prevent or minimize emergency conditions or equipment 

malfunctions constitutes an affirmative defense to an enforcement action 

brought for noncompliance with emission standards, or other regulatory 

requirements if the source can demonstrate the following: 

(1) the source can identify the need for the maintenance; 

(2) the source was at the time being properly operated; 

(3) during the maintenance the source took all reasonable steps to 

minimize levels of emissions that exceeded the emission standards, or 

other requirements of Applicable Rules and Regulations or any 

applicable permit; 

(4) the source submitted notice of the maintenance to the DEQ within 5 

working days of the time the maintenance began or such other times 

as allowed by DEQ; and 

(5) the notice shall contain a description of the maintenance, any steps 

taken to mitigate emissions, and corrective actions taken. 

(b) In any enforcement proceeding, the source seeking to establish the 

applicability of this section has the burden of proof. 

(c) In the event this maintenance provision conflicts with another applicable 

requirement, the more stringent requirement shall apply. 

SECTION 11. SEVERABILITY 

If any provision, section, subsection, sentence, clause or phrase of any of these regulations, 
APC-S-1, Air Emission Regulations, Amended October 28, 2010 

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or the application of same to any person or set of circumstances is for any reason challenged 

or held to be invalid or void, the validity of the remaining regulations and/or portions thereof 

or their application to other persons or sets of circumstances shall not be affected thereby. 

SECTION 12. PROVISIONS FOR EXISTING HOSPITAL/MEDICAL/INFECTIOUS 

WASTE INCINERATORS 

1. Applicability. 

(a) Except as provided in subparagraphs (b) through (h) of this paragraph, the 

designated or affected facility to which Section 12 applies is each individual 

hospital/medical/infectious waste incinerator (HMIWI) for which 

construction was commenced on or before June 20, 1996. 

(b) A combustor is not subject to Section 12 of these regulations during periods 

when only pathological waste, low-level radioactive waste, and/or 

chemotherapeutic waste is burned, provided the owner or operator of the 

combustor: 

(1) Notifies the Department of an exemption claim; and 

(2) Keeps records on a calendar quarter basis of the periods of time when 

only pathological waste, low-level radioactive waste, and/or 

chemotherapeutic waste is burned. 

(c) Any co-fired combustor is not subject to Section 12 of these regulations if the 

owner or operator of the co-fired combustor: 

(1) Notifies the Department of an exemption claim; 

(2) Provides an estimate of the relative weight of hospital waste, 

medical/infectious waste, and other fuels and/or wastes to be 

combusted; and 

(3) Keeps records on a calendar quarter basis of the weight of hospital 

waste and medical/infectious waste combusted, and the weight of all 

other fuels and wastes combusted at the co-fired combustor. 

(d) Any combustor required to have a permit under Section 3005 of the Solid 

Waste Disposal Act is not subject to Section 12 of these regulations. 

(e) Any combustor which meets the applicability requirements in standards or 

guidelines for certain municipal waste combustors under Subpart Cb, Ea, or 

Eb of 40 C.F.R. 60 is not subject to Section 12 of these regulations. 

(f) Any pyrolysis unit is not subject to Section 12 of these regulations. 
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(g) Cement kilns firing hospital waste and/or medical/infectious waste are not 

subject to Section 12 of these regulations. 

(h) Physical or operational changes made to an existing HMIWI unit solely for 

the purpose of complying with Section 12 of these regulations are not 

considered a modification and do not result in an existing HMIWI unit 

becoming subject to the new source provisions under Section 6 of these 

regulations and Subpart Ec of 40 C.F.R. 60. 

(i) Each existing HMIWI is subject to the permitting requirements in Air 

Emissions Operating Permit Regulations for the Purposes of Title V of the 

Federal Clean Air Act, APC-S-6. Each owner and operator of an existing 

HMIWI shall submit an application for a Title V permit to the Department by 

December 15, 1999. 

(j) Beginning September 15, 2000, designated facilities subject to Section 12 of 

these regulations shall operate pursuant to a permit issued under Air 

Emissions Operating Permit Regulations for the Purposes of Title V of the 

Federal Clean Air Act, APC-S-6. 

2. For the purpose of the requirements in Section 12 of these regulations, the following 

definitions apply: 

(a) "Administrator of EPA" means the Administrator of the United States 

Environmental Protection Agency or his authorized representative. 

(b) "Batch HMIWI" means an HMIWI that is designed such that neither waste 

charging nor ash removal can occur during combustion. 

(c) "Biologicals" means preparations made from living organisms and their 

products, including vaccines, cultures, etc., intended for use in diagnosing, 

immunizing, or treating humans or animals or in research pertaining thereto. 

(d) "Blood Products" means any product derived from human blood, including 

but not limited to blood plasma, platelets, red or white blood corpuscles, and 

other derived licensed products, such as interferon, etc. 

(e) "Body Fluids" means liquid emanating or derived from humans and limited 

to blood; dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and 

pericardial fluids; and semen and vaginal secretions. 

(f) "Bypass stack" means a device used for discharging combustion gases to 

avoid severe damage to the air pollution control device or other equipment. 
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(g) "Chemotherapeutic waste" means waste material resulting from the 

production or use of antineoplastic agents used for the purpose of stopping or 

reversing the growth of malignant cells. 

(h) "Co-fired combustor" means a unit combusting hospital waste and/or 

medical/infectious waste with other fuels or wastes (e.g., coal, municipal 

solid waste) and subject to an enforceable requirement limiting the unit to 

combusting a fuel feed stream, 10 percent or less of the weight of which is 

comprised, in aggregate, of hospital waste and medical/infectious waste as 

measured on a calendar quarter basis. For purposes of this definition, 

pathological waste, chemotherapeutic waste, and low-level radioactive waste 

are considered "other" wastes when calculating the percentage of hospital 

waste and medical/infectious waste combusted. 

(i) "Continuous emission monitoring system or CEMS" means a monitoring 

system for continuously measuring and recording the emissions of a pollutant 

from an affected facility. 

(j) "Continuous HMIWI" means an HMIWI that is designed to allow waste 

charging and ash removal during combustion. 

(k) "Dioxins/furans" means the combined emissions of tetra-through octachlorinated dibenzo-para-dioxins and dibenzofurans, as measured by EPA 

Reference Method 23. 

(l) "Dry scrubber" means an add-on air pollution control system that injects dry 

alkaline sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to 

react with and neutralize acid gases in the HMIWI exhaust stream forming a 

dry powder material. 

(m) "Fabric filter or baghouse" means an add-on air pollution control system that 

removes particulate matter (PM) and nonvaporous metals emissions by 

passing flue gas through filter bags. 

(n) "Facilities manager" means the individual in charge of purchasing, 

maintaining, and operating the HMIWI or the owner’s or operator’s 

representative responsible for the management of the HMIWI. Alternative 

titles may include Director of Facilities or Vice President of Support 

Services. 

(o) "High-air phase" means the stage of the batch operating cycle when the 

primary chamber reaches and maintains maximum operating temperatures. 

(p) "Hospital" means any facility which has an organized medical staff, 

maintains at least six inpatient beds, and where the primary function of the 

institution is to provide diagnostic and therapeutic patient services and 
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continuous nursing care primarily to human inpatients who are not related 

and who stay on average in excess of 24 hours per admission. This definition 

does not include facilities maintained for the sole purpose of providing 

nursing or convalescent care to human patients who generally are not acutely 

ill but who require continuing medical supervision. 

(q) "Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit" 

means any device that combusts any amount of hospital waste and/or 

medical/infectious waste. 

(r) "Hospital/medical/infectious waste incinerator operator or HMIWI operator" 

means any person who operates, controls, or supervises the day-to-day 

operation of an HMIWI. 

(s) "Hospital waste" means discards generated at a hospital, except unused items 

returned to the manufacturer. The definition of hospital waste does not 

include human corpses, remains, and anatomical parts that are intended for 

interment or cremation. 

(t) "Infectious agent" means any organism (such as a virus or bacteria) that is 

capable of being communicated by invasion and multiplication in body 

tissues and capable of causing disease or adverse health impacts in humans. 

(u) "Intermittent HMIWI" means an HMIWI that is designed to allow waste 

charging, but not ash removal, during combustion. 

(v) "Large HMIWI" means: 

(1) Except as provided in subparagraph (2); 

(i) An HMIWI whose maximum design waste burning capacity 

is more than 500 pounds per hour; or 

(ii) A continuous or intermittent HMIWI whose maximum charge 

rate is more that 500 pounds per hour; or 

(iii) A batch HMIWI whose maximum charge rate is more that 

4,000 pounds per day. 

(2) The following are not large HMIWI: 

(i) A continuous or intermittent HMIWI whose maximum charge 

rate is less than or equal to 500 pounds per hour; or 

(ii) A batch HMIWI whose maximum charge rate is less than or 

equal to 4,000 pounds per day. 
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(w) "Low-level radioactive waste" means waste material which contains 

radioactive nuclides emitting primarily beta or gamma radiation, or both, in 

concentrations or quantities that exceed applicable Federal or State standards 

for unrestricted release. Low-level radioactive waste is not high-level 

radioactive waste, spent nuclear fuel, or by-product material as defined by 

the Atomic Energy Act of 1954 [42 U.S.C. 2014 (e)(2)]. 

(x) "Malfunction" means any sudden, infrequent, and not reasonably preventable 

failure of air pollution control equipment, process equipment, or a process to 

operate in a normal or usual manner. Failures that are caused, in part, by 

poor maintenance or careless operation are not malfunctions. During periods 

of malfunction the operator shall operate within established parameters as 

much as possible, and monitoring of all applicable operating parameters shall 

continue until all waste has been combusted or until the malfunction ceases, 

whichever comes first. 

(y) "Maximum charge rate" means: 

(1) For continuous and intermittent HMIWI, 110 percent of the lowest 3-

hour average charge rate measured during the most recent 

performance test demonstrating compliance with all applicable 

emission limits. 

(2) For batch HMIWI, 110 percent of the lowest daily charge rate 

measured during the most recent performance test demonstrating 

compliance with all applicable emission limits. 

(z) "Maximum design waste burning capacity" means: 

(1) For intermittent and continuous HMIWI, 

Where: 

C = HMIWI capacity, lb/hr 

PV = primary chamber volume, ft3

15,000 = primary chamber heat release rate factor, Btu/ft3

/hr 

8,500 = standard waste heating value, Btu/lb; 

(2) For batch HMIWI, 

C PV = ×

15 000

8 500

,

,

C PV = ×

4 5

8

.
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Where: 

C = HMIWI capacity, lb/hr 

PV = primary chamber volume, ft3

4.5 = waste density, lb/ft; 

8 = typical hours of operation of a batch HMIWI, hours. 

(aa) "Maximum fabric filter inlet temperature" means 110 percent of the lowest 3-

hour average temperature at the inlet to the fabric filter (taken, at a minimum, 

once every minute) measured during the most recent performance test 

demonstrating compliance with the dioxin/furan emission limit. 

(bb) "Maximum flue gas temperature" means 110 percent of the lowest 3-hour 

average temperature at the outlet from the wet scrubber (taken, at a 

minimum, once every minute) measured during the most recent performance 

test demonstrating compliance with the mercury (Hg) emission limit. 

(cc) "Medical/infectious waste" means any waste generated in the diagnosis, 

treatment, or immunization of human beings or animals, in research 

pertaining thereto, or in the production or testing of biologicals that is listed 

in paragraphs (1) through (7) of this definition. The definition of 

medical/infectious waste does not include ash from incineration of 

medical/infectious waste, once the incineration process has been completed; 

human corpses, remains, and anatomical parts that are intended for interment 

or cremation; and domestic sewage materials, hazardous waste, and 

household waste identified, listed, or defined in Part 261 of Mississippi 

Hazardous Waste Management Regulations. 

(1) Cultures and stocks of infectious agents and associated biologicals, 

including: cultures from medical and pathological laboratories; 

cultures and stocks of infectious agents from research and industrial 

laboratories; wastes from the production of biologicals; discarded live 

and attenuated vaccines; and culture dishes and devices used to 

transfer, inoculate, and mix cultures. 

(2) Human pathological waste, including tissues, organs, and body parts 

and body fluids that are removed during surgery or autopsy, or other 

medical procedures, and specimens of body fluids and their 

containers. 

(3) Human blood and blood products including: 
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(i) Liquid waste human blood; 

(ii) Products of blood; 

(iii) Items saturated and/or dripping with human blood; or 

(iv) Items that were saturated and/or dripping with human blood 

that are now caked with dried human blood; including serum, 

plasma, and other blood components, and their containers, 

which were used or intended for use in either patient care, 

testing and laboratory analysis or the development of 

pharmaceuticals. Intravenous bags are also included in this 

category. 

(4) Sharps that have been used in animal or human patient care or 

treatment or in medical, research, or industrial laboratories, including 

hypodermic needles, syringes (with or without the attached needle), 

Pasteur pipettes, scalpel blades, blood vials, needles with attached 

tubing, and culture dishes (regardless of presence of infectious 

agents). Also included are other types of broken or unbroken 

glassware that were in contact with infectious agents, such as used 

slides and cover slips. 

(5) Animal waste including contaminated animal carcasses, body parts, 

and bedding of animals that were known to have been exposed to 

infectious agents during research (including research in veterinary 

hospitals), production of biologicals or testing of pharmaceuticals. 

(6) Isolation wastes including biological waste and discarded materials 

contaminated with blood, excretions, exudates, or secretions from 

humans who are isolated to protect others from certain highly 

communicable diseases, or isolated animals known to be infected 

with highly communicable diseases. 

(7) Unused sharps including the following unused, discarded sharps: 

hypodermic needles, suture needles, syringes, and scalpel blades. 

(dd) "Medium HMIWI" means: 

(1) Except as provided in subparagraph (2); 

(i) An HMIWI whose maximum design waste burning capacity 

is more than 200 pounds per hour but less than or equal to 

500 pounds per hour; or 
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(ii) A continuous or intermittent HMIWI whose maximum charge 

rate is more than 200 pounds per hour but less than or equal 

to 500 pounds per hour; or 

(iii) A batch HMIWI whose maximum charge rate is more than 

1,600 pounds per day but less than or equal to 4,000 pounds 

per day. 

(2) The following are not medium HMIWI: 

(i) A continuous or intermittent HMIWI whose maximum charge 

rate is less than or equal to 200 pounds per hour or more than 

500 pounds per hour; or 

(ii) A batch HMIWI whose maximum charge rate is more than 

4,000 pounds per day or less than or equal to 1,600 pounds 

per day. 

(ee) "Minimum dioxin/furan sorbent flow rate" means 90 percent of the highest 3-

hour average dioxin/furan sorbent flow rate (taken, at a minimum, once every 

hour) measured during the most recent performance test demonstrating 

compliance with the dioxin/furan emission limit. 

(ff) "Minimum Hg sorbent flow rate" means 90 percent of the highest 3-hour 

average Hg sorbent flow rate (taken, at a minimum, once every hour) 

measured during the most recent performance test demonstrating compliance 

with the Hg emission limit. 

(gg) "Minimum hydrogen chloride (HCl) sorbent flow rate" means 90 percent of 

the highest 3-hour average HCl sorbent flow rate (taken, at a minimum, once 

every hour) measured during the most recent performance test demonstrating 

compliance with the HCl emission limit. 

(hh) "Minimum horsepower or amperage" means 90 percent of the highest 3-hour 

average horsepower or amperage to the wet scrubber (taken, at a minimum, 

once every minute) measured during the most recent performance test 

demonstrating compliance with the applicable emission limits. 

(ii) "Minimum pressure drop across the wet scrubber" means 90 percent of the 

highest 3-hour average pressure drop across the wet scrubber PM control 

device (taken, at a minimum, once every minute) measured during the most 

recent performance test demonstrating compliance with the PM emission 

limit. 

(jj) "Minimum scrubber liquor flow rate" means 90 percent of the highest 3-hour 

average liquor flow rate at the inlet to the wet scrubber (taken, at a minimum, 
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once every minute) measured during the most recent performance test 

demonstrating compliance with all applicable emission limits. 

(kk) "Minimum scrubber liquor pH" means 90 percent of the highest 3-hour 

average liquor pH at the inlet to the wet scrubber (taken, at a minimum, once 

every minute) measured during the most recent performance test 

demonstrating compliance with the HCl emission limit. 

(ll) "Minimum secondary chamber temperature" means 90 percent of the highest 

3-hour average secondary chamber temperature (taken, at a minimum, once 

every minute) measured during the most recent performance test 

demonstrating compliance with the PM, CO, or dioxin/furan emission limits. 

(mm) "Modification or Modified HMIWI" means any change to an HMIWI unit 

after March 16, 1998, such that: 

(1) The cumulative costs of the modifications, over the life of the unit, 

exceed 50 per centum of the original cost of the construction and 

installation of the unit (not including the cost of any land purchased 

in connection with such construction or installation) updated to 

current costs, or 

(2) The change involves a physical change in or change in the method of 

operation of the unit which increases the amount of any air pollutant 

emitted by the unit for which standards have been established under 

Section 129 or Section 111 of the Federal Clean Air Act. 

(nn) "Operating day" means a 24-hour period between 12:00 midnight and the 

following midnight during which any amount of hospital waste or 

medical/infectious waste is combusted at any time in the HMIWI. 

(oo) "Operation" means the period during which waste is combusted in the 

incinerator excluding periods of startup or shutdown. 

(pp) "Particulate matter or PM" means the total particulate matter emitted from an 

HMIWI as measured by EPA Reference Method 5 or EPA Reference Method 

29. 

(qq) "Pathological waste" means waste material consisting of only human or 

animal remains, anatomical parts, and/or tissue, the bags/containers used to 

collect and transport the waste material, and animal bedding (if applicable). 

(rr) "Primary chamber" means the chamber in an HMIWI that receives waste 

material, in which the waste is ignited, and from which ash is removed. 
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(ss) "Pyrolysis" means the endothermic gasification of hospital waste and/or 

medical/infectious waste using external energy. 

(tt) "Secondary chamber" means a component of the HMIWI that receives 

combustion gases from the primary chamber and in which the combustion 

process is completed. 

(uu) "Shutdown" means the period of time after all waste has been combusted in 

the primary chamber. For continuous HMIWI, shutdown shall commence no 

less than 2 hours after the last charge to the incinerator. For intermittent 

HMIWI, shutdown shall commence no less than 4 hours after the last charge 

to the incinerator. For batch HMIWI, shutdown shall commence no less than 

5 hours after the high-air phase of combustion has been completed. 

(vv) "Small HMIWI" means: 

(1) Except as provided in subparagraph (2); 

(i) An HMIWI whose maximum design waste burning capacity 

is less than or equal to 200 pounds per hour; or 

(ii) A continuous or intermittent HMIWI whose maximum charge 

rate is less than or equal to 200 pounds per hour; or 

(iii) A batch HMIWI whose maximum charge rate is less than or 

equal to 1,600 pounds per day. 

(2) The following are not small HMIWI: 

(i) A continuous or intermittent HMIWI whose maximum charge 

rate is more than 200 pounds per hour. 

(ii) A batch HMIWI whose maximum charge rate is more than 

1,600 pounds per day. 

(ww) "Standard conditions" means a temperature of 20C and a pressure of 101.3 

kilopascals. 

(xx) "Standard Metropolitan Statistical Area or SMSA" means any areas listed in 

OMB Bulletin No. 93-17 entitled "Revised Statistical Definitions for 

Metropolitan Areas" dated June 30, 1993. 

(yy) "Startup" means the period of time between the activation of the system and 

the first charge to the unit. For batch HMIWI, startup means the period of 

time between activation of the system and ignition of the waste. 
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(zz) "Wet scrubber" means an add-on air pollution control device that utilizes an 

alkaline scrubbing liquor to collect particulate matter (including nonvaporous 

metals and condensed organic) and/or to absorb and neutralize acid gases. 

3. Emission limits. 

(a) Except as provided for in subparagraph (b), no owner or operator of an 

affected facility shall cause to be discharged into the atmosphere from that 

affected facility any gases that contain stack emissions in excess of the limits 

presented in Table 1 of this paragraph. 

(b) The emission limits in Table 2 shall apply to any small HMIWI which is 

located more than 50 miles from the boundary of the nearest Standard 

Metropolitan Statistical Area (SMSA) and which burns less than 2,000 

pounds per week of hospital waste and medical/infectious waste. The 2,000 

lb/week limitation does not apply during performance tests. 

(c) No owner or operator of an affected facility shall cause to be discharged into 

the atmosphere from the stack of that affected facility any gases that exhibit 

greater than 10 percent opacity (6-minute block average).
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TABLE 1. EMISSION LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI

Emission Limits

HMIWI Size

Pollutant Units (7 percent oxygen, dry 

basis)

Small Medium Large 

Particulate 

matter 

Milligrams per dry standard cubic 

meter (grains per dry standard cubic 

foot) 

115 (0.05) 69 (0.03) 34 (0.015) 

Carbon 

monoxide 

Parts per million by volume 40 40 40 

Dioxins/furans Nanograms per dry standard cubic 

meter total dioxins/furans (grains 

per billion dry standard cubic feet) 

or nanograms per dry standard 

cubic meter TEQ (grains per billion 

dry standard cubic feet) 

125 (55) 

or 

2.3 (1.0) 

125 (55) 

or 

2.3 (1.0) 

125 (55) 

or 

2.3 (1.0) 

Hydrogen 

chloride 

Parts per million by volume or 

percent reduction 

100 or 93% 100 or 93% 100 or 93% 

Sulfur dioxide Parts per million by volume 55 55 55 

Nitrogen oxides Parts per million by volume 250 250 250 

Lead Milligrams per dry standard cubic 

meter (grains per thousand dry 

standard cubic feet) or percent 

reduction 

1.2 (0.52) 

or 

70% 

1.2 (0.52) 

or 

70% 

1.2 (0.52) 

or 

 70% 

Cadmium Milligrams per dry standard cubic 

meter (grains per thousand dry 

standard cubic feet) or percent 

reduction 

0.16 (0.07) 

or 

65% 

0.16 (0.07) 

or 

65% 

0.16 (0.07) 

or 

65% 

Mercury Milligrams per dry standard cubic 

meter (grains per thousand dry 

standard cubic feet) or percent 

reduction 

0.55 (0.24) 

or 

85% 

0.55 

(0.24) 

or 85% 

0.55 

(0.24) 

or 85% 
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TABLE 2. EMISSION LIMITS FOR SMALL RURAL HMIWI

Pollutant Units (7 percent oxygen, dry basis) 

HMIWI 

Emission 

Limits 

Particulate matter Milligrams per dry standard cubic meter (grains 

per dry standard cubic foot) 

197 (0.086) 

Carbon monoxide Parts per million by volume 40 

Dioxins/furans Nanograms per dry standard cubic meter total 

dioxins/furans (grains per billion dry standard 

cubic feet) or nanograms per dry standard cubic 

meter TEQ (grains per billion dry standard cubic 

feet) 

800 (350) 

 or 

15 (6.6) 

Hydrogen 

chloride 

Parts per million by volume 3100 

Sulfur dioxide Parts per million by volume 55 

Nitrogen oxides Parts per million by volume 250 

Lead Milligrams per dry standard cubic meter (grains 

per thousand dry standard cubic feet) 

10 (4.4) 

Cadmium Milligrams per dry standard cubic meter (grains 

per thousand dry standard cubic feet) 

4 (1.7) 

Mercury Milligrams per dry standard cubic meter (grains 

per thousand dry standard cubic feet) 

7.5 (3.3) 

4. Operator Training and Qualification Requirements. 

(a) Compliance with the requirements of this paragraph shall occur no later than 

September 15, 2000. 

(b) No owner or operator of an affected facility shall allow the affected facility to 

operate at any time unless a fully trained and qualified HMIWI operator is 

accessible, either at the facility or available within 1 hour. The trained and 

qualified HMIWI operator may operate the HMIWI directly or be the direct 

supervisor of one or more HMIWI operators. 

(c) Operator training and qualification shall be obtained through a Stateapproved program that meets the requirements included in subparagraphs (d) 

through (k) of this paragraph. 
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(d) Training shall be obtained by completing an HMIWI operator training course 

that includes, at a minimum, the following provisions: 

(1) 24 hours of training on the following subjects: 

(i) Environmental concerns, including pathogen destruction and 

types of emissions; 

(ii) Basic combustion principles, including products of 

combustion; 

(iii) Operation of the type of incinerator to be used by the 

operator, including proper startup, waste charging, and 

shutdown procedures; 

(iv) Combustion controls and monitoring; 

(v) Operation of air pollution control equipment and factors 

affecting performance (if applicable); 

(vi) Methods to monitor pollutants (continuous emission 

monitoring systems and monitoring of HMIWI and air 

pollution control device operating parameters) and equipment 

calibration procedures (where applicable); 

(vii) Inspection and maintenance of the HMIWI, air pollution 

control devices, and continuous emission monitoring systems; 

(viii) Actions to correct malfunctions or conditions that may lead to 

malfunction; 

(ix) Bottom and fly ash characteristics and handling procedures; 

(x) Applicable Federal, State, and local regulations; 

(xi) Work safety procedures; 

(xii) Pre-startup inspections; and 

(xiii) Recordkeeping requirements. 

(2) An examination designed and administered by the instructor. 

(3) Reference material distributed to the attendees covering the course 

topics. 
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(e) Qualification shall be obtained by: 

(1) Completion of a training course that satisfies the criteria under 

subparagraph (d) of this paragraph; and 

(2) Either 6 months experience as an HMIWI operator, 6 months 

experience as a direct supervisor of an HMIWI operator, or 

completion of at least two burn cycles under the observation of two 

qualified HMIWI operators. 

(f) Qualification is valid from the date on which the examination is passed or the 

completion of the required experience, whichever is later. 

(g) To maintain qualification, the trained and qualified HMIWI operator shall 

complete and pass an annual review or refresher course of at least 4 hours 

covering, at a minimum, the following: 

(1) Update of regulations; 

(2) Incinerator operation, including startup and shutdown procedures; 

(3) Inspection and maintenance; 

(4) Responses to malfunctions or conditions that may lead to 

malfunction; and 

(5) Discussion of operating problems encountered by attendees. 

(h) A lapsed qualification shall be renewed by one of the following methods: 

(1) For a lapse of less than 3 years, the HMIWI operator shall complete 

and pass a standard annual refresher course described in 

subparagraph (g) of this paragraph above. 

(2) For a lapse of 3 years or more, the HMIWI operator shall complete 

and pass a training course with the minimum criteria described in 

subparagraph (d) of this paragraph above. 

(i) The owner or operator of an affected facility shall maintain documentation at 

the facility that address the following: 

(1) Summary of the applicable standards under Section 12 of these 

regulations; 

(2) Description of basic combustion theory applicable to an HMIWI; 
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(3) Procedures for receiving, handling, and charging waste; 

(4) HMIWI startup, shutdown, and malfunction procedures; 

(5) Procedures for maintaining proper combustion air supply levels; 

(6) Procedures for operating the HMIWI and associated air pollution 

control systems within the standards established under Section 12 of 

these regulations; 

(7) Procedures for responding to periodic malfunction or conditions that 

may lead to malfunction; 

(8) Procedures for monitoring HMIWI emissions; 

(9) Reporting and recordkeeping procedures; and 

(10) Procedures for handling ash. 

(j) The owner or operator of an affected facility shall establish a program for 

reviewing the information listed in subparagraph (i) of this paragraph 

annually with each HMIWI operator. 

(1) The initial review of the information listed in subparagraph (i) of this 

paragraph shall be conducted by March 15, 2000, or prior to 

assumption of responsibilities affecting HMIWI operation, whichever 

date is later. 

(2) Subsequent reviews of the information listed in subparagraph (i) of 

this paragraph shall be conducted annually. 

(k) The information listed in subparagraph (i) of this paragraph shall be kept in a 

readily accessible location for all HMIWI operators. This information, along 

with records of training shall be available for inspection by the Department 

upon request. 

5. Waste Management Guidelines. 

The owner or operator of an affected facility shall prepare a waste management plan. 

 The waste management plan shall identify both the feasibility and the approach to 

separate certain components of solid waste from the health care waste stream in order 

to reduce the amount of toxic emissions from incinerated waste. A waste 

management plan may include, but is not limited to, elements such as paper, 

cardboard, plastics, glass, battery, or metal recycling; or purchasing recycled or 

recyclable products. A waste management plan may include different goals or 
APC-S-1, Air Emission Regulations, Amended October 28, 2010 

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approaches for different areas or departments of the facility and need not include new 

waste management goals for every waste stream. It should identify, where possible, 

reasonably available additional waste management measures, taking into account the 

effectiveness of waste management measures already in place, the costs of additional 

measures, the emission reductions expected to be achieved, and any other 

environmental or energy impacts they might have. The American Hospital 

Association publication entitled "An Ounce of Prevention: Waste Reduction 

Strategies for Health Care Facilities" shall be considered in the development of the 

waste management plan. 

6. Inspection Guidelines. 

(a) The requirements of this paragraph apply to any small HMIWI subject to the 

emission limits in Table 2 of paragraph 3 in Section 12 of these regulations. 

(b) No later than September 15, 2000 and annually thereafter (no more than 12 

months following the previous annual equipment inspection) an equipment 

inspection shall be performed. 

(1) At a minimum, an inspection shall include the following: 

(i) Inspect all burners, pilot assemblies, and pilot sensing devices 

for proper operation; clean pilot flame sensor, as necessary; 

(ii) Ensure proper adjustment of primary and secondary chamber 

combustion air, and adjust as necessary; 

(iii) Inspect hinges and door latches, and lubricate as necessary; 

(iv) Inspect dampers, fans, and blowers for proper operation; 

(v) Inspect HMIWI door and door gaskets for proper sealing; 

(vi) Inspect motors for proper operation; 

(vii) Inspect primary chamber refractory lining; clean and 

repair/replace lining as necessary; 

(viii) Inspect incinerator shell for corrosion and/or hot spots; 

(ix) Inspect secondary/tertiary chamber and stack, clean as 

necessary; 

(x) Inspect mechanical loader, including limit switches, for 

proper operation, if applicable; 
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(xi) Visually inspect waste bed (grates), and repair/seal, as 

appropriate; 

(xii) For the burn cycle that follows the inspection, document that 

the incinerator is operating properly and make any necessary 

adjustments; 

(xiii) Inspect air pollution control devices(s) for proper operation, if 

applicable; 

(xiv) Inspect waste heat boiler systems to ensure proper operation, 

if applicable; 

(xv) Inspect bypass stack components; 

(xvi) Ensure proper calibration of thermocouples, sorbent feed 

systems, and any other monitoring equipment; and 

(xvii) Generally observe that the equipment is maintained in good 

operating condition. 

(2) Within 10 operating days following an equipment inspection, all 

necessary repairs shall be completed unless the owner or operator 

obtains written approval from the Department establishing a date 

whereby all necessary repairs of the designated facility shall be 

completed. 

7. Compliance and Performance Testing. 

(a) The emission limits under paragraph 3 in Section 12 of these regulations 

shall apply at all times except during periods of startup, shutdown, or 

malfunction, provided that no hospital waste or medical/infectious waste is 

charged to the affected facility during startup, shutdown, or malfunction. 

(b) The owner or operator of an affected facility shall conduct an initial 

performance test in accordance with the performance test requirements 

contained in 40 C.F.R. 60.8 to determine compliance with the emission limits 

using the procedures and test methods listed in subparagraphs (b)(1) through 

(b)(11) of this paragraph. The use of the bypass stack during a performance 

test shall invalidate the performance test. 

(1) All performance tests shall consist of a minimum of three test runs 

conducted under representative operating conditions. 

(2) The minimum sample time shall be 1 hour per test run unless 

otherwise indicated. 
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(3) EPA Reference Method 1 of Appendix A of 40 C.F.R. 60 shall be 

used to select the sampling location and number of traverse points. 

(4) EPA Reference Method 3 or 3A of Appendix A of 40 C.F.R. 60 shall 

be used for gas composition analysis, including measurement of 

oxygen concentration. EPA Reference Method 3 or 3A of Appendix 

A of 40 C.F.R. 60 shall be used simultaneously with each reference 

method. 

(5) The pollutant concentrations shall be adjusted to 7 percent oxygen 

using the following equation: 

Where: 

Cadj = pollutant concentration adjusted to 7 percent oxygen; 

Cmeas = pollutant concentration measured on a dry basis; 

(20.9-7) = 20.9 percent oxygen - 7 percent oxygen (defined oxygen 

correction basis); 

20.9 = oxygen concentration in air, percent; and 

%O2 = oxygen concentration measured on a dry basis, percent. 

(6) EPA Reference Method 5 or 29 Appendix A of 40 C.F.R. 60 shall be 

used to measure the particulate matter emissions. 

(7) EPA Reference method 9 of Appendix A of 40 C.F.R. 60 shall be 

used to measure stack opacity. 

(8) EPA Reference Method 10 or 10B of Appendix A of 40 C.F.R. 60 

shall be used to measure the CO emissions. 

(9) EPA Reference Method 23 of Appendix A of 40 C.F.R. 60 shall be 

used to measure total dioxin/furan emissions. The minimum sample 

time shall be 4 hours per test run. If the affected facility has selected 

the toxic equivalency standards for dioxin/furans, under paragraph 3 

in Section 12 of these regulations, the following procedures shall be 

used to determine compliance: 

( )

( ) C C

O adj meas = −−

20 9 7

20 9 2

.

. %
APC-S-1, Air Emission Regulations, Amended October 28, 2010 

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(i) Measure the concentration of each dioxin/furan tetra-through 

octa-congener emitted using EPA Reference Method 23. 

(ii) For each dioxin/furan congener measured in accordance with 

subparagraph (b)(9)(i) of this paragraph, multiply the 

congener concentration by its corresponding toxic 

equivalency factor specified in Table 3 in Section 12 of these 

regulations. 

(iii) Sum the products calculated in accordance with subparagraph 

(b)(9)(ii) of this paragraph to obtain the total concentration of 

dioxins/furans emitted in terms of toxic equivalency. 

(10) EPA Reference Method 26 of Appendix A of 40 C.F.R. 60 shall be 

used to measure HCl emissions. If the affected facility has selected 

the percentage reduction standards for HCl under paragraph 3 in 

Section 12 of these regulations, the percentage reduction in HCl 

emissions (%RHCl) is computed using the following formula: 

Where: 

(%RHCl)= percentage reduction of HCl emissions achieved; 

Ei = HCl emission concentration measured at the control device inlet, 

corrected to 7 percent oxygen (dry basis); and 

Eo = HCl emission concentration measured at the control device 

outlet, corrected to 7 percent oxygen (dry basis). 

(11) EPA Reference Method 29 of Appendix A of 40 C.F.R. 60 shall be 

used to measure Pb, Cd, and Hg emissions. If the affected facility 

has selected the percentage reduction standards for metals under 

paragraph 3 in Section 12 of these regulations, the percentage 

reduction in emissions (%Rmetal) is computed using the following 

formula: 

Where: 

( ) %R

E E

E HCl

i o

i

= ⎛ −

⎝

⎜ ⎞

⎠

⎟ × 100

( ) %R

E E

E metal

i o

i

= ⎛ −

⎝

⎜ ⎞

⎠

⎟ × 100
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(%Rmetal)= percentage reduction of metal emission (Ph, Cd, or Hg) 

achieved; 

Ei = metal emission concentration (Pb, Cd, or Hg) measured at the 

control device inlet, corrected to 7 percent oxygen (dry basis); and 

Eo = metal emission concentration (Pb, Cd, or Hg) measured at the 

control device outlet, corrected to 7 percent oxygen (dry basis). 
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TABLE 3. TOXIC EQUIVALENCY FACTORS 

Dioxin/Furan Congener Toxic Equivalency 

Factor

2,3,7,8-tetrachlorinated dibenzo-p-dioxin 1 

1,2,3,7,8-pentachlorinated dibenzo-pdioxin 0.5 

1,2,3,4,7,8- hexachlorinated dibenzo-pdioxin 0.1 

1,2,3,7,8,9-hexachlorinated dibenzo-pdioxin 0.1 

1,2,3,6,7,8-hexachlorinated dibenzo-pdioxin 0.1 

1,2,3,4,6,7,8-heptachlorinated dibenzo-pdioxin 0.01 

octachlorinated dibenzo-p-dioxin 0.001 

2,3,7,8-tetrachlorinated dibenzofuran 0.1 

2,3,4,7,8-pentachlorinated dibenzofuran 0.5 

1,2,3,7,8-pentachlorinated dibenzofuran 0.05 

1,2,3,4,7,8-hexachlorinated dibenzofuran 0.1 

1,2,3,6,7,8-hexachlorinated dibenzofuran 0.1 

1,2,3,7,8,9-hexachlorinated dibenzofuran 0.1 

2,3,4,6,7,8-hexachlorinated dibenzofuran 0.1 

1,2,3,4,6,7,8-heptachlorinated 

dibenzofuran 

0.01 

1,2,3,4,7,8,9-heptachlorinated 

dibenzofuran 

0.01 

octachlorinated dibenzofuran 0.001 

(c) Following the date on which the initial performance test is completed or is 

required to be completed under the performance test requirements contained 
APC-S-1, Air Emission Regulations, Amended October 28, 2010 

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in 40 C.F.R. 60.8, whichever date comes first, the owner or operator of an 

affected facility shall: 

(1) Determine compliance with the opacity limit by conducting an annual 

performance test (no more than 12 months following the previous 

performance test) using the applicable procedures and test methods 

listed in subparagraph (b) of this paragraph. 

(2) Determine compliance with the PM, CO, and HCl emission limits by 

conducting an annual performance test (no more than 12 months 

following the previous performance test) using the applicable 

procedures and test methods listed in subparagraph (b) of this 

paragraph. If all three performance tests over a 3-year period indicate 

compliance with the emission limit for a pollutant (PM, CO, or HCl), 

the owner or operator may forego a performance test for that 

pollutant for the subsequent 2 years. At a minimum, a performance 

test for PM, CO, and HCl shall be conducted every third year (no 

more than 36 months following the previous performance test). If a 

performance test conducted every third year indicates compliance 

with the emission limit for a pollutant (PM, CO, or HCl), the owner 

or operator may forego a performance test for that pollutant for up to 

an additional 2 years. If any performance test indicates 

noncompliance with the respective emission limit, a performance test 

for that pollutant shall be conducted annually until all annual 

performance tests over a 3-year period indicate compliance with the 

emission limit. The use of the bypass stack during a performance test 

shall invalidate the performance test. 

(3) Facilities using a CEMS to demonstrate compliance with any of the 

emission limits under paragraph 3 in Section 12 of these regulations 

shall: 

(i) Determine compliance with the appropriate emission limit(s) 

using a 12-hour rolling average, calculated each hour as the 

average of the previous 12 operating hours (not including 

startup, shutdown, or malfunction). 

(ii) Operate all CEMS in accordance with the applicable 

procedures under Appendices B and F of 40 C.F.R. 60. 

(d) The owner or operator of an affected facility equipped with a dry scrubber 

followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a 

fabric filter and wet scrubber shall: 

(1) Establish the appropriate maximum and minimum operating 

parameters, indicated in Table 4 of Section 12 of these regulations for 
APC-S-1, Air Emission Regulations, Amended October 28, 2010 

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each control system, as site specific operating parameters during the 

initial performance test to determine compliance with the emission 

limits; and 

(2) Following the date on which the initial performance test is completed 

or is required to be completed under the performance test 

requirements contained in 40 C.F.R. 60.8, whichever date comes first, 

ensure that the affected facility does not operate above any of the 

applicable maximum operating parameters or below any of the 

applicable minimum operating parameters listed in Table 4 in Section 

12 of these regulations and measured as 3-hour rolling averages 

(calculated each hour as the average of the previous 3 operating 

hours) at all times except during periods of startup, shutdown, and 

malfunction. Operating parameter limits do not apply during 

performance tests. Operation above the established maximum or 

below the established minimum operating parameter(s) shall 

constitute a violation of established operating parameter(s). 

(e) Except as provided in subparagraph (h) of this paragraph, for affected 

facilities equipped with a dry scrubber followed by a fabric filter: 

(1) Operation of the affected facility above the maximum charge rate and 

below the minimum secondary chamber temperature (each measured 

on a 3-hour rolling average) simultaneously shall constitute a 

violation of the CO emission limit. 

(2) Operation of the affected facility above the maximum fabric filter 

inlet temperature, above the maximum charge rate, and below the 

minimum dioxin/furan sorbent flow rate (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the 

dioxin/furan emission limit. 

(3) Operation of the affected facility above the maximum charge rate and 

below the minimum HCl sorbent flow rate (each measured on a 3-

hour rolling average) simultaneously shall constitute a violation of 

the HCl emission limit. 

(4) Operation of the affected facility above the maximum charge rate and 

below the minimum Hg sorbent flow rate (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the Hg 

emission limit. 

(5) Use of the bypass stack (except during startup, shutdown, or 

malfunction) shall constitute a violation of the PM, dioxin/furan, 

HCl, Pb, Cd and Hg emission limits. 
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(f) Except as provided in subparagraph (h) of this paragraph, for affected 

facilities equipped with a wet scrubber: 

(1) Operation of the affected facility above the maximum charge rate and 

below the minimum pressure drop across the wet scrubber or below 

the minimum horsepower or amperage to the system (each measured 

on a 3-hour rolling average) simultaneously shall constitute a 

violation of the PM emission limit. 

(2) Operation of the affected facility above the maximum charge rate and 

below the minimum secondary chamber temperature (each measured 

on a 3-hour rolling average) simultaneously shall constitute a 

violation of the CO emission limit. 

(3) Operation of the affected facility above the maximum charge rate, 

below the minimum secondary chamber temperature, and below the 

minimum scrubber liquor flow rate (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the 

dioxin/furan emission limit. 

(4) Operation of the affected facility above the maximum charge rate and 

below the minimum scrubber liquor pH (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the HCl 

emission limit. 

(5) Operation of the affected facility above the maximum flue gas 

temperature and above the maximum charge rate (each measured on a 

3-hour rolling average) simultaneously shall constitute a violation of 

the Hg emission limit. 

(6) Use of the bypass stack (except during startup, shutdown, or 

malfunction) shall constitute a violation of the PM, dioxin/furan, 

HCl, Pb, Cd and Hg emission limits. 

(g) Except as provided in subparagraph (h) of this paragraph, for affected 

facilities equipped with a dry scrubber followed by a fabric filter and a wet 

scrubber: 

(1) Operation of the affected facility above the maximum charge rate and 

below the minimum secondary chamber temperature (each measured 

on a 3-hour rolling average) simultaneously shall constitute a 

violation of the CO emission limit. 

(2) Operation of the affected facility above the maximum fabric filter 

inlet temperature, above the maximum charge rate, and below the 

minimum dioxin/furan sorbent flow rate (each measured on a 3-hour 
APC-S-1, Air Emission Regulations, Amended October 28, 2010 

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rolling average) simultaneously shall constitute a violation of the 

dioxin/furan emission limit. 

(3) Operation of the affected facility above the maximum charge rate and 

below the minimum scrubber liquor pH (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the HCl 

emission limit. 

(4) Operation of the affected facility above the maximum charge rate and 

below the minimum Hg sorbent flow rate (each measured on a 3-hour 

rolling average) simultaneously shall constitute a violation of the Hg 

emission limit. 

(5) Use of the bypass stack (except during startup, shutdown, or 

malfunction) shall constitute a violation of the PM, dioxin/furan, 

HCl, Pb, Cd and Hg emission limits. 

(h) The owner or operator of an affected facility may conduct a repeat 

performance test within 30 days of violation of applicable operating 

parameter(s) to demonstrate that the affected facility is not in violation of the 

applicable emission limit(s). Repeat performance tests conducted pursuant to 

this paragraph shall be conducted using the identical operating parameters 

that indicated a violation under subparagraph (e), (f), or (g) of this paragraph. 

(i) The owner or operator of an affected facility using an air pollution control 

device other than a dry scrubber followed by a fabric filter, a wet scrubber, or 

a dry scrubber followed by a fabric filter and a wet scrubber to comply with 

the emission limits under paragraph 3 in Section 12 of these regulations shall 

petition the Administrator for other site-specific operating parameters to be 

established during the initial performance test and continuously monitored 

thereafter. The owner or operator shall not conduct the initial performance 

test until after the petition has been approved by the Administrator. 

(j) The owner or operator of an affected facility may conduct a repeat 

performance test at any time to establish new values for the operating 

parameters. The Department may request a repeat performance test at any 

time. 

(k) Any small HMIWI subject to the emission limits in Table 2 of paragraph 3 in 

Section 12 of these regulations shall meet the following compliance and 

performance testing requirements: 

(1) Conduct the performance testing requirements in subparagraphs (a), 

(b)(1) through (b)(9), (b)(11) (mercury only), and (c)(1) of this 

paragraph. The 2,000 lb/week limitation does not apply during 

performance tests. 
APC-S-1, Air Emission Regulations, Amended October 28, 2010 

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(2) Establish maximum charge rate and minimum secondary chamber 

temperature as site-specific operating parameters during the initial 

performance test to determine compliance with applicable emission 

limits. 

(3) Following the date on which the initial performance test is completed 

or is required to be completed under the performance test 

requirements contained in 40 C.F.R. 60.8, whichever date comes first, 

ensure that the designated facility does not operate above the 

maximum charge rate or below the minimum secondary chamber 

temperature measured as 3-hour rolling averages (calculated each 

hour as the average of the previous 3 operating hours) at all times 

except during periods of startup, shutdown, or malfunction. 

Operating parameter limits do not apply during performance tests. 

Operation above the maximum charge rate or below the minimum 

secondary chamber temperature shall constitute a violation of the 

established operating parameter(s). 

(4) Except as provided in subparagraph (k)(5) of this paragraph below, 

operation of the designated facility above the maximum charge rate 

and below the minimum secondary chamber temperature (each 

measured on a 3-hour rolling average) simultaneously shall constitute 

a violation of the PM, CO, and dioxin/furan emission limits. 

(5) The owner or operator of a designated facility may conduct a repeat 

performance test within 30 days of violation of applicable operating 

parameter(s) to demonstrate that the designated facility is not in 

violation of the applicable emission limit(s). Repeat performance 

tests conducted pursuant to this paragraph must be conducted using 

the identical operating parameters that indicated a violation under 

subparagraph (k)(4), of this paragraph above. 

8. Monitoring. 

(a) The owner or operator of an affected facility shall install, calibrate (to 

manufacturer’s specifications), maintain, and operate devices (or establish 

methods) for monitoring the applicable maximum and minimum operating 

parameters listed in Table 4 in Section 12 of these regulations such that these 

devices (or methods) measure and record values for these operating 

parameters at the frequencies indicated in Table 4 in Section 12 of these 

regulations at all times except during periods of startup and shutdown. 

(b) The owner of operator of an affected facility shall install, calibrate (to 

manufacturer’s specifications), maintain, and operate a device or method for 

measuring the use of the bypass stack including date, time, and duration. 
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(c) The owner or operator of an affected facility using something other than a 

dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber 

followed by a fabric filter and a wet scrubber to comply with the emission 

limits under paragraph 3 in Section 12 of these regulations shall install, 

calibrate (to the manufacturer’s specifications), maintain, and operate the 

equipment necessary to monitor the site-specific operating parameters 

developed pursuant to subparagraph 7(i) in Section 12 of these regulations. 

(d) The owner or operator of an affected facility shall obtain monitoring data at 

all times during HMIWI operation except during periods of monitoring 

equipment malfunction, calibration, or repair. At a minimum, valid 

monitoring data shall be obtained for 75 percent of the operating hours per 

day and for 90 percent of the operating days per calendar quarter that the 

affected facility is combusting hospital waste and/or medical/infectious 

waste. 

(e) Any small HMIWI subject to the emission limits in Table 2 of paragraph 3 in 

Section 12 of these regulations shall meet the following monitoring 

requirements: 

(1) Install, calibrate (to manufacturer’s specifications), maintain, and 

operate a device for measuring and recording the temperature of the 

secondary chamber on a continuous basis, the output of which shall 

be recorded, at a minimum, once every minute throughout operation. 

(2) Install, calibrate (to manufacturer’s specifications), maintain, and 

operate a device which automatically measures and records the date, 

time, and weight of each charge fed into the HMIWI. 

(3) The owner or operator of a designated facility shall obtain monitoring 

data at all times during HMIWI operation except during periods of 

monitoring equipment malfunction, calibration, or repair. At a 

minimum, valid monitoring data shall be obtained for 75 percent of 

the operating hour per day and for 90 percent of the operating hour 

per calendar quarter that the designated facility is combusting 

hospital waste and/or medical/infectious waste. 
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TABLE 4. OPERATING PARAMETERS TO BE MONITORED AND MINIMUM 

MEASUREMENT AND RECORDING FREQUENCIES 

Minimum Frequency Control System

Operating Parameters to be 

Monitored Data 

Measurement

Data 

Recording

Dry 

Scrubber 

followed 

by 

Fabric 

Filter

Wet 

Scrubber

Dry 

Scrubber 

followed 

by 

Fabric 

Filter 

and Wet 

Scrubber

Maximum operating parameters:

Maximum charge rate Continuous 1 x hour X X X 

Maximum fabric filter inlet 

temperature 

Continuous 1 x minute X X 

Maximum flue gas 

temperature 

Continuous 1 x minute X X 

Minimum operating parameters:

Minimum secondary chamber 

temperature 

Continuous 1 x minute X X X 

Minimum dioxin/furan 

sorbent flow rate 

Hourly 1 x hour X X 

Minimum HCl sorbent flow 

rate 

Hourly 1 x hour X X 

Minimum mercury (Hg) 

sorbent flow rate 

Hourly 1 x hour X X 

Minimum pressure drop 

across the wet scrubber or 

minimum horsepower or 

amperage to wet scrubber 

Continuous 1 x minute X X 

Minimum scrubber liquor 

flow rate 

Continuous 1 x minute X X 

Minimum scrubber liquor pH Continuous 1 x minute X X 
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9. Reporting and Recordkeeping Requirements. 

(a) The owner or operator of an affected facility shall maintain the following 

information (as applicable) for a period of at least 5 years: 

(1) Calendar date of each record; 

(2) Records of the following data: 

(i) Concentrations of any pollutant listed in paragraph 3 in 

Section 12 of these regulations or measurements of opacity as 

determined by the continuous emission monitoring system (if 

applicable); 

(ii) Results of fugitive emissions (by EPA Reference Method 22) 

tests, if applicable; 

(iii) HMIWI charge dates, times, and weights and hourly charge 

rates; 

(iv) Fabric filter inlet temperatures during each minute of 

operation, as applicable; 

(v) Amount and type of dioxin/furan sorbent used during each 

hour of operation, as applicable; 

(vi) Amount and type of Hg sorbent used during each hour of 

operation, as applicable; 

(vii) Amount and type of HCl sorbent used during each hour of 

operation, as applicable; 

(viii) Secondary chamber temperatures recorded during each 

minute of operation; 

(ix) Liquor flow rate to the wet scrubber inlet during each minute 

of operation, as applicable; 

(x) Horsepower or amperage to the wet scrubber during each 

minute of operation, as applicable; 

(xi) Pressure drop across the wet scrubber system during each 

minute of operation, as applicable; 

(xii) Temperature at the outlet from the wet scrubber during each 

minute of operation, as applicable; 
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(xiii) pH at the inlet to the wet scrubber during each minute of 

operation, as applicable; 

(xiv) Records indicating use of the bypass stack, including dates, 

times, and durations; and 

(xv) For affected facilities complying with subparagraphs 7(i) and 

8(c) in Section 12 of these regulations, the owner or operator 

shall maintain all operating parameter data collected. 

(3) Identification of calendar days for which data on emission rates or 

operating parameters specified under subparagraph (a)(2) of this 

paragraph have not been obtained, with an identification of the 

emission rates or operating parameters not measured, reasons for not 

obtaining the data, and a description of corrective actions taken. 

(4) Identification of calendar days, times and durations of malfunctions, a 

description of the malfunction and the corrective action taken. 

(5) Identification of calendar days for which data on emission rates or 

operating parameters specified under subparagraph (a)(2) of this 

paragraph exceeded the applicable limits, with a description of the 

exceedances, reasons for such exceedances, and a description of 

corrective actions taken. 

(6) The results of the initial, annual, and any subsequent performance 

tests conducted to determine compliance with the emission limits 

and/or to establish operating parameters, as applicable. 

(7) Records showing the names of HMIWI operators who have 

completed review of the information in subparagraph 4(i) as required 

by subparagraph 4(j), including the date of the initial review and all 

subsequent annual reviews; 

(8) Records showing the names of the HMIWI operators who have 

completed the operator training requirements, including 

documentation of training and the dates of the training; 

(9) Records showing the names of the HMIWI operators who have met 

the criteria for qualification under paragraph 4 in Section 12 of these 

regulations and the dates of their qualification; and 

(10) Records of calibration of any monitoring devices as required under 

subparagraphs 8(a), (b), and (c) in Section 12 of these regulations. 
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(b) The owner or operator of an affected facility shall submit the information 

specified in subparagraphs (b)(1) through (b)(3) of this paragraph no later 

than 60 days following the initial performance test. All reports shall be 

signed by the facilities manager. 

(1) The initial performance test data as recorded under subparagraphs 

7(b)(1) through (b)(11), as applicable. 

(2) The values for the site-specific operating parameters established 

pursuant to subparagraphs 7(d) or (i), as applicable. 

(3) The waste management plan as specified in paragraph 5 in Section 12 

of these regulations. 

(c) An annual report shall be submitted 1 year following the submission of the 

information in subparagraph (b) of this paragraph and subsequent reports 

shall be submitted no more than 12 months following the previous report 

(once the unit is subject to permitting requirements in Air Emissions 

Operating Permit Regulations for the Purposes of Title V of the Federal 

Clean Air Act, APC-S-6, the owner or operator of an affected facility must 

submit these reports semiannually). The annual report shall include the 

information specified in subparagraphs (c)(1) through (c)(8) of this 

paragraph. All reports shall be signed by the facilities manager. 

(1) The values for the site-specific operating parameters established 

pursuant to subparagraph 7(d) or (i), as applicable. 

(2) The highest maximum operating parameter and the lowest minimum 

operating parameter, as applicable, for each operating parameter 

recorded for the calendar year being reported, pursuant to 

subparagraph 7(d) or (i), as applicable. 

(3) The highest maximum operating parameter and the lowest minimum 

operating parameter, as applicable for each operating parameter 

recorded pursuant to subparagraph 7(d) or (i) for the calendar year 

preceding the year being reported, in order to provide the Department 

with a summary of the performance of the affected facility over a 2-

year period. 

(4) Any information recorded under subparagraphs (a)(3) through (a)(5) 

of this paragraph for the calendar year being reported. 

(5) Any information recorded under subparagraphs (a)(3) through (a)(5) 

of this paragraph for the calendar year preceding the year being 

reported, in order to provide the Department with a summary of the 

performance of the affected facility over a 2-year period. 
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(6) If a performance test was conducted during the reporting period, the 

results of that test. 

(7) If no exceedances or malfunctions were reported under 

subparagraphs (a)(3) through (a)(5) of this paragraph for the calendar 

year being reported, a statement that no exceedances occurred during 

the reporting period. 

(8) Any use of the bypass stack, the duration, reason for malfunction, and 

corrective action taken. 

(d) The owner or operator of an affected facility shall submit semiannual reports 

containing any information recorded under subparagraphs (a)(3) through 

(a)(5) of this paragraph no later than 60 days following the reporting period. 

The first semiannual reporting period ends 6 months following the 

submission of information in subparagraph (b) of this paragraph. Subsequent 

reports shall be submitted no later than 6 calendar months following the 

previous report. All reports shall be signed by the facilities manager. 

(e) All records specified under subparagraph (a) of this paragraph shall be 

maintained onsite in either paper copy or computer-readable format, unless 

an alternative format is approved by the Department. 

(f) Any small HMIWI subject to the emission limits in Table 2 of paragraph 3 in 

Section 12 of these regulations shall meet the following reporting and 

recordkeeping requirements: 

(1) Maintain records of the annual equipment inspections, any required 

maintenance, and any repairs not completed within 10 days of an 

inspection or the timeframe established by the Department; and 

(2) Submit an annual report containing information recorded under 

subparagraph (f)(1) above no later than 60 days following the year in 

which data were collected. Subsequent reports shall be sent no later 

than 12 calendar months following the previous report (once the unit 

is subject to permitting requirements in Air Emissions Operating 

Permit Regulations for the Purposes of Title V of the Federal Clean 

Air Act, APC-S-6, the owner or operator must submit these reports 

semiannually). The report shall be signed by the facilities manager. 

10. Compliance Schedules. 

(a) Except as provided in subparagraph (b), designated or affected facilities to 

which the provisions in Section 12 of these regulations applies (as defined in 

paragraph 1) shall comply with all requirements in Section 12 of these 
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regulations on or before September 15, 2000, regardless of whether the 

Department has identified a designated or affected facility in the State Plan 

inventory required by Subpart B of 40 C.F.R. 60. 

(b) For designated facilities planning to install the necessary air pollution control 

equipment, the Department may allow compliance on or before September 

15, 2002, but as expeditiously as possible. No later than December 15, 1999, 

these facilities shall petition the Department in writing, as outlined in 

subparagraphs (1) through (2) below. Under no circumstances can 

compliance with the provisions in Section 12 of these regulations extend 

beyond September 15, 2002. 

(1) Documentation of the analyses undertaken to support the need for an 

extension, including an explanation of why September 15, 2002, is 

sufficient time to comply while September 15, 2000, is not sufficient. 

The documentation shall also include an evaluation of the option to 

transport the waste offsite to a commercial medical waste treatment 

and disposal facility on a temporary or permanent basis; and 

(2) Documentation of measurable and enforceable incremental steps of 

progress to be taken towards compliance with the requirements in 

Section 12 of these regulations, as defined in subparagraphs (i) 

through (x) below: 

(i) Date for submitting a petition for site specific operating 

parameters under subparagraph 7(i) in Section 12 of these 

regulations; 

(ii) Date for obtaining services of an architectural and 

engineering firm regarding the air pollution control device(s); 

(iii) Date for obtaining design drawings of the air pollution 

control device(s); 

(iv) Date for ordering the air pollution control device(s); 

(v) Date for obtaining the major components of the air pollution 

control device(s); 

(vi) Date for initiation of site preparation for installation of the air 

pollution control device(s); 

(vii) Date for initiation of installation of the air pollution control 

device(s); 
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(viii) Date for initial startup of the air pollution control device(s); 

and 

(ix) Date for initial compliance test(s) of the air pollution control 

device(s); 

(x) Date for final compliance. 

(c) Designated facilities planning to shut down permanently to demonstrate 

compliance with subparagraph (a) of this paragraph shall notify the 

Department in writing, no later than December 15, 1999. The notification 

shall include documentation of measurable and enforceable incremental steps 

of progress to be taken towards compliance with the requirements in Section 

12 of these regulations, as defined in subparagraphs (1) through (6) below: 

(1) Date for designated facility plan for shut down; 

(2) Date for contract with the appropriate vendor (off-site hauler or 

alternative waste treatment equipment); 

(3) Date to begin construction of alternative waste treatment equipment 

(if applicable); 

(4) Date for complete installation of alternative waste treatment 

equipment (if applicable); 

(5) Date for shut down of incinerator; 

(6) Date for dismantling incinerator. 

(d) Department Actions on Petitions. On receipt of a petition, the Department 

will authorize one of the following actions, as it shall determine: 

(i) The petition may be dismissed if the Department determines that it is 

not adequate under subparagraph (b) of this paragraph. 

(ii) The Department may grant the request of the petition, as 

petitioned or by imposing such conditions as the requirements 

in Section 12 of these regulations may require in the Title V 

permit, including the establishment of schedules of 

compliance. 

(iii) The Department may deny the petition. If such a denial is 

made, the Department shall notify the petitioner in writing, 

state the reasons for denial and outline procedures for appeal. 
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(e) Termination Procedures. Any petition granted by the Department may be 

terminated by the Department whenever the Department finds, after an 

opportunity for the petitioner to demonstrate compliance and after notice and 

an opportunity for hearing, that the petitioner is in violation of any 

requirement, condition, schedule, limitation or any other provision of the 

petition or that operation under the petition does not meet the minimum 

requirements established by State and Federal laws and regulations or is 

unreasonably threatening the public health. 

SECTION 13. PROVISIONS FOR EXISTING COMMERCIAL AND INDUSTRIAL SOLID 

WASTE INCINERATION UNITS

1. Emission Standards. Provisions under this paragraph that apply to existing 

commercial and industrial solid waste incineration (CISWI) units are the 

requirements that are contained in 40 CFR 60.2575 through 60.2875. All such 

requirements are hereby adopted by reference by the Commission as official 

regulations of the State of Mississippi and shall hereafter be enforceable as such. 

2. Applicability. The requirements of Section 13 shall apply to each existing 

commercial and industrial solid waste incineration unit that commenced construction 

on or before November 30, 1999 and meets the following criteria: 

(a) Commercial and industrial solid waste incineration (CISWI) unit means any 

combustion device that combusts commercial and industrial waste. The 

boundaries of a CISWI unit are defined as, but not limited to, the commercial 

or industrial solid waste fuel feed system, grate system, flue gas system, and 

bottom ash. The CISWI unit does not include air pollution control equipment 

or the stack. The CISWI unit boundary starts at the commercial and industrial 

solid waste hopper (if applicable) and extends through two areas: (1) the 

combustion unit flue gas system, which ends immediately after the last 

combustion chamber and (2) the combustion unit bottom ash system, which 

ends at the truck loading station or similar equipment that transfers the ash to 

final disposal. It includes all ash handling systems connected to the bottom 

ash handling system. 

(b) Commercial and industrial waste means solid waste combusted in an 

enclosed device using controlled flame combustion without energy recovery 

that is a distinct operating unit of any commercial or industrial facility 

(including field-erected, modular, and custom built incineration units 

operating with starved or excess air), or solid waste combusted in an air 

curtain incinerator without energy recovery that is a distinct operating unit of 

any commercial or industrial facility. 

(c) Solid waste means any garbage, refuse, sludge from a waste treatment plant, 

water supply treatment plant, or air pollution control facility and other 

discarded material, including solid, liquid, semisolid, or contained gaseous 
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material resulting from industrial, commercial, mining, agricultural 

operations, and from community activities but does not include solid or 

dissolved material in domestic sewage, or solid or dissolved materials in 

irrigation return flows or industrial discharges which are point sources 

subject to permits under Section 402 of the Federal Water Pollution Control 

Act, as amended (42 U.S.C. 1342), or source, special nuclear, or byproduct 

material as defined by the Atomic Energy Act of 1954, as amended (42 

U.S.C. 2014). 

(d) Solid waste combustion units are exempt from the requirements of Section 13 

as described and set forth below: 

(1) Pathological waste incineration units. Incineration units burning 90 

percent or more by weight (on a calendar quarter basis and excluding 

the weight of auxiliary fuel and combustion air) of pathological 

waste, low-level radioactive waste, and/or chemotherapeutic waste as 

defined in 40 CFR 60.2875 are not subject to the requirements of 

Section 13 if the owner or operator of the CISWI unit meets the two 

requirements specified in (1)(i) and (ii) of this paragraph. 

(i) Notify the Executive Director that the unit meets these 

criteria. 

(ii) Keep records on a calendar quarter basis of the weight of 

pathological waste, low-level radioactive waste, and/or 

chemotherapeutic waste burned, and the weight of all other 

fuels and wastes burned in the unit. 

(2) Agricultural waste incineration units. Incineration units burning 90 

percent or more by weight (on a calendar quarter basis and excluding 

the weight of auxiliary fuel and combustion air) of agricultural wastes 

as defined in 40 CFR 60.2875 are not subject to the requirements of 

Section 13 if the owner or operator of the CISWI unit meets the two 

requirements specified in (2)(i) and (ii) of this paragraph. 

(i) Notify the Executive Director that the unit meets these 

criteria. 

(ii) Keep records on a calendar quarter basis of the weight of 

agricultural waste burned, and the weight of all other fuels 

and wastes burned in the unit. 

(3) Municipal waste combustion units. Incineration units that meet either 

of the two criteria specified in (3)(i) or (ii) of this paragraph. 
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(i) Are regulated under 40 CFR 60, Subpart Ea (Standards of 

Performance for Municipal Waste Combustors); 40 CFR 60, 

Subpart Eb (Standards of Performance for Municipal Waste 

Combustors for Which Construction is Commenced After 

September 20, 1994); 40 CFR 60, Subpart Cb (Emission 

Guidelines and Compliance Time for Large Municipal 

Combustors that are Constructed on or Before September 20, 

1994); 40 CFR 60, Subpart AAAA (Standards of 

Performance for New Stationary Sources: Small Municipal 

Waste Combustion Units); or 40 CFR 60, Subpart BBBB 

(Emission Guidelines for Existing Stationary Sources: Small 

Municipal Waste Combustion Units). 

(ii) Burn greater than 30 percent municipal solid waste or refusederived fuel, as defined in Subpart Ea, Subpart Eb, Subpart 

AAAA, and Subpart BBBB, and that have the capacity to 

burn less than 35 tons (32 megagrams) per day of municipal 

solid waste or refuse-derived fuel, if the owner or operator of 

the CISWI unit meets the two requirements in (3) (ii) (A) and 

(B) of this paragraph. 

(A) Notify the Executive Director that the unit meets 

these criteria. 

(B) Keep records on a calendar quarter basis of the weight 

of municipal solid waste burned, and the weight of all 

other fuels and wastes burned in the unit. 

(4) Medical waste incineration units. Incineration units regulated under 

40 CFR 60, Subpart Ec (Standards of Performance for 

Hospital/Medical/Infectious Waste Incinerators for Which 

Construction is Commenced After June 20, 1996) or 40 CFR 60, 

Subpart Ca (Emission Guidelines and Compliance Times for 

Hospital/Medical/Infectious Waste Incinerators). 

(5) Small power production facilities. Units that meet the three 

requirements specified in (5)(i) through (iii) of this paragraph. 

(i) The unit qualifies as a small power-production facility under 

section 3 (17)(C) of the Federal Power Act (16 U.S.C. 796 

(17)(C)). 

(ii) The unit burns homogeneous waste (not including refusederived fuel) to produce electricity. 
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(iii) The owner or operator of the CISWI unit notifies the 

Executive Director that the unit meets all of these criteria. 

(6) Co-generation facilities. Units that meet the three requirements 

specified in (6)(i) through (iii) of this paragraph. 

(i) The unit qualifies as a co-generation facility under section 

3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)). 

(ii) The unit burns homogeneous waste (not including refusederived fuel) to produce electricity and steam or other forms 

of energy used for industrial, commercial, heating, or cooling 

purposes. 

(iii) The owner or operator of the CISWI unit notifies the 

Executive Director that the unit meets all of these criteria. 

(7) Hazardous waste combustion units. Units that meet either of the two 

criteria specified in (7)(i) or (ii) of this paragraph. 

(i) Units for which the owner or operator is required to get a 

permit under section 3005 of the Solid Waste Disposal Act. 

(ii) Units regulated under Subpart EEE of 40 CFR Part 63 

(National Emission Standards for Hazardous Air Pollutants 

from Hazardous Waste Combustors). 

(8) Materials recovery units. Units that combust waste for the primary 

purpose of recovering metals, such as primary and secondary 

smelters. 

(9) Air curtain incinerators. Air curtain incinerators that burn only the 

materials listed in (9)(i) through (iii) of this paragraph are only 

required to meet the requirements under "Air Curtain Incinerators" 40 

CFR 60.2810 through 60.2870. 

(i) 100 percent wood waste. 

(ii) 100 percent clean lumber. 

(iii) 100 percent mixture of only wood waste, clean lumber, and/or 

yard waste. 

(10) Cyclonic barrel burners. (See 40 CFR 60.2875) 

(11) Rack, part, and drum reclamation units. (See 40 CFR 60.2875) 
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(12) Cement kilns. Kilns regulated under Subpart LLL of 40 CFR Part 63 

(National Emission Standards for Hazardous Air Pollutants from the 

Portland Cement Manufacturing Industry). 

(13) Sewage sludge incinerators. Incineration units regulated under 

Subpart O of 40 CFR Part 60 (Standards of Performance for Sewage 

Treatment Plants). 

(14) Chemical recovery units. Combustion units burning materials to 

recover chemical constituents or to produce chemical compounds 

where there is an existing commercial market for such recovered 

chemical constituents or compounds. The seven types of units 

described in (14)(i) through (vii) of this paragraph are considered 

chemical recovery units. 

(i) Units burning only pulping liquors (i.e., black liquor) that are 

reclaimed in a pulping liquor recovery process and reused in 

the pulping process. 

(ii) Units burning only spent sulfuric acid used to produce virgin 

sulfuric acid. 

(iii) Units burning only wood or coal feedstock for the production 

of charcoal. 

(iv) Units burning only manufacturing byproduct streams/residues 

containing catalyst metals which are reclaimed and reused as 

catalysts or used to produce commercial grade catalysts. 

(v) Units burning only coke to produce purified carbon monoxide 

that is used as an intermediate in the production of other 

chemical compounds. 

(vi) Units burning only hydrocarbon liquids or solids to produce 

hydrogen, carbon monoxide, synthesis gas, or other gases for 

use in other manufacturing processes. 

(vii) Units burning only photographic film to recover silver. 

(15) Laboratory analysis units. Units that burn samples of materials for 

the purpose of chemical or physical analysis. 

3. Schedule for compliance. 
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(a) Except as provided in sub-paragraph (b), each designated or affected facility 

to which the provisions of Section 13 are applicable, shall comply with the 

emission standards and requirements set forth in Section 13 not later than 

December 1, 2003. 

(b) Any designated or affected facility that does not comply with sub-paragraph 

(a) shall be subject to the increments of progress requirements set forth in 40 

CFR 60.2575 through 60.2605 and shall comply as follows: 

(1) Increment 1 - Submit final control plan - April 1, 2003 

(2) Increment 2 - Achieve final compliance - December 1, 2005 

4. Permitting requirements. Each CISWI unit affected by the provisions of Section 13 

shall be subject to the permitting requirements of Air Emissions Operating Permit 

Regulations for the Purposes of Title V of the Federal Clean Air Act, APC-S-6; and 

the owner and/or operator of the affected facility shall submit the necessary permit 

application not later than April 1, 2003. Beginning December 1, 2003, affected 

facilities shall only operate pursuant to authorization, or a permit issued, pursuant to 

the operating permit regulations referenced herein. 

5. Clarifications of terminology. Clarification for certain terms contained in the 

requirements adopted by reference into Section 13 are as follows: 

(a) The term "Administrator", as it relates to the State Air Pollution Control 

Agency in 40 CFR 60.2575 through 60.2875, means the "Executive Director" 

of the Mississippi Department of Environmental Quality. 

(b) The term "You" in 40 CFR 60.2575 through 60.2875 means the owner or 

operator of a CISWI unit. 

(c) The term "State plan" in 40 CFR 60.2575 through 60.2875 means the plan 

(including the requirements set forth in Section 13) submitted to the U.S. 

Environmental Protection Agency that implement the emission guidelines 

contained in 40 CFR 60, Subpart DDDD. 

SECTION 14. PROVISIONS FOR THE CLEAN AIR INTERSTATE RULE. 

1. The provisions of this paragraph apply to Electric Generating Units subject to the 

Clean Air Interstate Rule (CAIR) as set forth in 40 CFR 51.123, 40 CFR 51.124, and 

40 CFR 96.102 through 40 CFR 96.388 as amended and promulgated by the U.S. 

Environmental Protection Agency as of October 3, 2008. All such requirements are 

incorporated herein and adopted by reference by the Mississippi Commission on 

Environmental Quality as official regulations of the State of Mississippi and shall 

hereafter be enforceable as such except as follows: 
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(a) The term "permitting authority" shall mean the "Mississippi Environmental 

Quality Permit Board" except when used in the definitions of "Allocate or 

allocation" and "CAIR NOx allowance" in 40 CFR 96.102, the definitions of 

"Allocate or allocation" and "CAIR SO2 allowance" in 40 CFR 96.202, and 

the definitions of "Allocate or allocation" and "CAIR NOx Ozone Season 

allowance" in 40 CFR 96.302.

(b) Unit specific nitrogen oxides (NOx) annual and ozone season allowances 

shall be established by the Commission in accordance with the procedures 

outlined in 40 CFR 96.142 and 40 CFR 96.342 and will be assigned to each 

unit by the dates specified in 40 CFR 96.141 and 40 CFR 96.341.