STATEOFMISSISSIPPIP1-rn.BRYANTGoviRNoRMISSISSIPPIDEPARTMENTOFENVIRONMENTALQUALITYTRUDYD.FIsHER,ExECUTIvEDifiECTORMay29,2012Ms.GwendolynKeyesFlemingRegionalAdministratorU.S.EnvironmentalProtectionAgency61ForsythStreet,S.W.Atlanta,Georgia30303-3104DearMs.Fleming:Re:MississippiOzoneInfrastructureSIPEnclosedaredocumentsrelatedtoMississippi’sInfrastructureStateImplementationPlan(SIP)tocomplywiththerequirementsofSection110(a)(1)and(2)oftheFederalCleanAirActregardingthe2008NationalAmbientAirQualityStandardforOzone.Wearetransmitting,underseparatecover,additionalcopiestoLynoraeBenjaminofyouragency.Wecertifythata30-daypubliccommentperiodwasheldregardingtheSIP.ThepubliccommentperiodendedApril27,2012,andnocommentswerereceived.WefeelthatthisOzoneInfrastructureSIPsubmittaliscomplete.Therefore,wearerequestingEPAapprovalofthisSIPintothefederallyapprovedMississippiStateImplementationPlan.Ifyouhaveanyquestionsorneedfurtherinformation,pleasecontactmeorMayaRaoofmystaffat(601)961-5242.TDF/cjsEnclosurescc:Ms.BeverlyBanister,EPARegionIVOFFICEOFPOLLUTIONCONTROLPOSTOFFICEBox2261•JACKsoN,Mississippi39225-2261•TEL:(601)961-5171•FAX:(601)354-6612•www.deq.state.ms.usANEQUALOPPORTUNITYEMPLOYERVerytrulyyours,

# Ozone Infrastructure SIP Certification - Final May 4, 2012 

# 1 

# Mississippi Certification

Clean Air Act Sectio n 110(a)(1) and (2) Ozone Requirements

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

the Clean Air Act for the Ozone National Am bient Air Quality Standards (NAAQS). The following state regulations are part of th e State Implementation Plan (SIP) and are

referred to in this document:

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

Contaminants”

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

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



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

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

Appendix A-8 – Mississippi Code Title 49

Section 110(a)(1)

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

# Ozone Infrastructure SIP Certification - Final May 4, 2012 

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

Section 110(a)(2)(A)

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

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

Section 110(a)(2)(B)

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

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

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

Section 110(a)(2)(C)

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

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

# Ozone Infrastructure SIP Certification - Final May 4, 2012 

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

Contain adequate provisions— (i) prohibiting, consistent with the provisions of this subchapter, any source or other type of emissions activity within the State from emitting any air pollutant in amounts which

will— (I) contribute significantly to nonattainment in, or interfer e with maintenance by, any other State with respect to any such nati onal primary or secondary ambient air quality
standard, or (II) interfere with measures re quired to be included in th e applicable implementation plan for any other State under part C of this subchapter to prevent significant deterioration of air quality or to protect visibility

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

When an approved federal interstate transport rule is approved, it should satisfy this criterion.

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

When an approved federal interstate transport rule is approved, it should satisfy this criterion.

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

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

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

Mississippi submitted its Regional H aze Implementation Plan to EPA on September 22, 2008.

(ii) Each such Plan shall [...] contain ade quate provisions insuring compliance with the applicable requirements of s ections 115 and 126(b) that involve ozone precursor emissions (relating to in terstate and international pollution abatement).” EPA has no reason to appro ve or disapprove any existing state rules with regard to these provisions.

SIP Section APC-S-5 shows where 40 CF R 51.166 was adopted by reference into the SIP. These regulations require notif ication of potential impacts from new or

# Ozone Infrastructure SIP Certification - Final May 4, 2012 

# 4 modified sources to state and local agenci es of neighboring states. Therefore, the SIP meets the requirement s of this criterion.

Section 110(a)(2)(E)

Provide

(i) necessary assurances that the State (or, except where the Administrator deems inappropriate, the general purpose local go vernment or governments, or a regional agency designated by the State or general pur pose local governments for such purpose) will have adequate personnel, funding, and authority under State (and, as appropriate, local) law to carry out such implementation plan (and is not prohibi ted by any provision of Federal or State law from carrying out su ch implementation plan or portion thereof), (ii) requirements that the State comply w ith the requirements respecting State boards under section 1 of this title, and (iii) necessary assurances that, where the State has relied on a local or regional government, agency, or instrumentality for th e implementation of any plan provision, the State has responsibility for ensuring adequate implementation of such plan provision;

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

Section 110(a)(2)(F)

Require, as may be prescrib ed by the Administrator—

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

SIP Section APC-S-2, Section VI lists requirements for compliance testing that is required to be included in any MDEQ air pollution permit. SIP Appendix A-8, Section 49-17-21, states that MDEQ has the authority to require the maintenance of records related to the operation of air contaminant sources and a ny authorized representative of the Commission may examine and copy any such records or memoranda pertaining to the operation of such contaminant source. The Commission may requi re the installation, maintenance, and use of such monitoring eq uipment and methods at such locations and intervals as the Commission deems necessary.

# Ozone Infrastructure SIP Certification - Final May 4, 2012 

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

Section 110(a)(2)(G)

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

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

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

Section 110(a)(2)(H)

Provide for revision of such plan—

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

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

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

# Ozone Infrastructure SIP Certification - Final May 4, 2012 

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

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

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

Section 110(a)(2)(J)

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

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

MDEQ has public notice mechanisms in pl ace to notify the public of ozone. These include the MDEQ web site where changes in regulations, air quality summary data, and daily AQI reports. Also, certain regulatory actions may also be published in newspapers and/or public hearings. SIP Section APC-S-3 requires that MDEQ notify the public of any air pollution alert, warning, or emergency.

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

C.

Section 110(a)(2)(K)

Provide for—

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

Administrator.

SIP Sections APC-S-2, V.B. and APC-S-5 require that ai r modeling be conducted to determine permit applicability.

# Ozone Infrastructure SIP Certification - Final May 4, 2012 

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

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

cover—

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

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

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

to cover these costs.

Section 110(a)(2)(M)

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

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

# Public participation for Mississi ppi Ozone Infrastructure SIP.

Public participation on the Mi ssissippi Ozone Infrastructur e SIP was achieved by a public comment period that began on March 28, 2012 and ended on April 27, 2012. The notice for public hearing was published consiste nt with procedures approved by EPA.

The notice of public hearing was published on March 28, 2012, in daily newspapers in the cities of Gulfport, Jackson, and Tupelo in the State of Mississi ppi. The notice of public hearing, and the draft SI P revision, were made availabl e for public review in the main branches of the public libraries in th e above mentioned cities and at the Mississippi Department of Environmental Quality, 515 E. Amite St., Jackson, Mississippi, 39201 and was also made available on the Department ’s website http://www.deq.state.ms.us.

The notice of public hearing and proofs of publication follow this page.PROOFOFPUBLICATIONTHESTATEOFMISSISSIPPIHINDSCOUNTYPERSONALLYappearedbeforeme,theundersignednotarypublicinandforHindsCounty,Mississippi,IPublicNoticeMississippiCommissiononInenQuaMyP.0.Box2261Jackson,MS39225TelephoneNo.(801)981-5171NoticeStartDate:Mardi28.2012MDEQprfi27,2012rteasetakenotethatdiMsaissisoiCommissionaEnwmnovenOuahnmeMregardingdiiela&pplCertifIcationthe!leStatelmptementatjoqPlanfortheControlofAlottutionisadequateiipomplywiththoquirementsofSeottort10(a)(1)and(2)ofthEFederalCleanAirAntasertalnatotileNadonsi‘imblaritAirQualltlitandardsforOzoneasIromulgatedbytheU.S.EnvironmentalProlectiongency(EPA).leaofthedrtificatlonmawnbflg0alllngJoanneAisleatddreasendIalistedabove.FfonnallonIsalsoavatOrpublicreviewlNednesdey,March282012,throughFriday,27.2012atthemaibranchofpublictbrafles8esofGott,JactcsonbirdTi,elo.ForpersonawithIntemedbefoundonMlaslseksriDepar5nerrtnvinrnmentaiQuality’etiedeaItpJIwww.deq.atate.rns.uclickingonProgramsAllily;Newinformation.ereonswishingIwentonthednaTtlflcellonareInvitedbmitcommentaInwritirtJerryBeasleyatthmission’saddownabove,nolaterthe:00p.m.onFnrdey,Aprt201aP.11commencelvedbythisdatewillelderedinpreparationCfinalsubmissionofrtiflcattonInformationkApublichearingmaeheldIftheCommissionlindeasignificantdegree0DublicInterestInthedertificatlon.‘leasebringtheforegoln0theattentioncipaehoniyouknowwillnterestad.PASTEPROOFHEREC58849MSDEPT.OFENV.QUALITY,0200398102OzoneInfrastructorSIPCertificationANNMIDDEKEanauthorizedclerkofTHECLARION-LEDGER,anewspaperasdefinedandprescribedinSections13-3-31and13-3-32,oftheMississippiCodeof1972,asamended,who,beingdulysworn,statesthatthenotice,atruecopyofwhichisheretoattached,appearedintheissuesofsaidnewspaperasfollows:3/28/2012Size:321words/1.00col.x86.00linesPublished:Itime(s)Total:$52.02Signed2d_I2__aL%a—1AuthorizedClerkofTheClarion-LedgerSWORNtoandsubscribed,eforemeon3/28/2012.JL7NotaryPublicRICKTYLERNotaryPublicStateofMississippiatLarge.BondedthruNotaryPublicUnderwriters(SEAL)Public Notice I MiSSiSSiPpI Commission

on I EflvimnmentaiQuaty j P.O.
Box 2261 [Jadmen 1 MSg225 1Tlephone

No.

(601) I 961-5171 Public Notice

Stait Date: f March

28, 2012 MDEQCoJer,,ea I Deadline

for Comment.

AprIl 27,2012 Please

take note that
the Mis. alsaippi Commission

on En vlronmentaj

Quality (‘Corn I mission”)

is providing

draft

in ‘fformaft

(or comnient

re I gatheMlssjssjpiCe,tjfi. I cation

that

the State

tin ,IIernentabon

Plan

for

The Control

of Air Pollution

Is ad equate

to comply

will,

the • lretluirements

of Section- IIO(a(1)ad(2)QftheFede- jra) Clean AlrActas

it pertains to the National Ambient

Ar Quality Standarrj

for Ozone as prornulgateil

by tire U.S. I Envimnmergj

Protection Agency (EPA). I Copies

of the draft certifi cation

may

be Obtained

by Writing orcallingJoanne at the address

end telephone number

listed above.

The • draft certification tirfonnatton jis also available

for public

re tiew from Wednesday,

March I 2 B O12,throughFridayul 27, 2012,

at the main Drench of publio libraries‘is citiss

of Guilport, Jackson,

and

Tu Ii palo.

For those persons

wilt, internetecce, ttledraftcertj. • flcstton Information

may

be found

on the Mississippi

De I partment

of Envlron,nantai Quality’s website

at httpJ tw.deq.stae.mj 5 I cticlsng

on Programs; Quaflty

New Infonnatjo,, Persons wbocco on

the draft certification

are ifl4

to submit comments

in writing

to Jerry Beasley

at the CommIssbn’sa 5 ,, I above. nolaterthan

5 00p.m. on Friday, April27,

2012.

Alt comments receWad

by this date

will

be considered

ri preparation

of the final

sub mission

of the certification

in- formation

to EPA.

A public hearln

may

be held

If the Commission

finds

a &gnutl cant degree

of public interest’ I inth)edraftrjft I Please bringti,e foregoing

to ij the ettentionof perscnswhon, I you know

will

be interested. ADV28,fl%,D—14846970‘a—0‘ ofl\lt,LEy0,,‘

‘a0 rr-,, 

# i.,li,0.00

•000 

# PROOF

OF PEBLICATION STATE

OF MlSSlSSlPPl COUNTY

OF HARRISON Before

me,

the undersigred

Notary

of Harrison County, Mississippi personally appeared

QyY\J who, being

by me first duly sworn,

did pose

and say that she

is

a clerk

of

The Sun Herald

a newspaper published

in the city GL4jfport, in Harrison County, Mississippi,

and

the publication of the notice,

a copy

of which

is hereto attached,

has been made in said paper_______

times

in the following numbers

and

on the following

dates

of such paper,

viz: Vol. 

# (Z Vol._____ Vol. Vol. Vol. Vol. Vol.

No.,rfl

dated No.,_____

dated No.,

dated No.,

dated No.,

dated No.,

dated No.,

dated

day 

# offlh.iar

,,20



# (Z dayof_________

,20____ dayof_________

20 dayof_________

,20 ____ dayof_________

,20 dayof_________

,20 dayof_________

,20____ Affiant further states

on oath
that said newspaper

has been established

and published continuously

in said country

for

a period of more than twelve months

n
xt prior

to the first publication

of said notice.— Sworn

to and subscribed

before

me this



# 2

day

of 

# (flk itk

,A. D.,20



# /2#24226 LEGAL NOTICE:PublicNoticeMississippiCommissiononEnvironmentalQualityP.0.Box2261JacksonMS39225TelepiofleNo.(601)961-5171PublicNotIceStartDate:March28,2012MDEQContact:JerryBeasieyDeadlineforComment:April27,2012PleasetakenotethattheMississippiCommissiononEnvironmentalQuality(“Commlssion)isprovidingdraftinformationforcommentregardingtheMississippiCertificationthattheStateImplementationPlanfortheControlofAirPollutionisadequatetocomplywiththerequirementsofSection11O(a)(1)and(2)oftheFederalCleanAirActasitpertains,totheNationalAmbientAirQualityStandardsfor.Dzofte.aspromulgatedbytheU.S.EnvironmentalProtectionAgency(EPA).CopiesofthedraftcertificationmaybeobtainedbywritingorcallingJoanneRlaisattheaddressandtelephonenumberlistedabove.ThedraftcertificationinformationisalsoavailableforpublicreviewfromWednesday,March28,2012,throughFriday,April27,2012,atthemainbranchofpubliclibrariesincitiesofGulfport,Jackson,and‘Tupelo.Forthosepersonswithinternetaccess,thedraftcertificationinformationmaybefoundontheMississippiDepartmentofEnvironmentalQuality’swebslteathttp:IIwww.Øeo.state.ms.usbydickIngonPrograms;AirQuaiity’NewInformation.ersonswishingtocommentonthedraftcertificationareinvitedtosubmitcommentsInwritingtoJerryBeasleyattheCommission’saddressshownabove,nolaterthan5:00p.m.onFriday,April27,2012.AllcommentsreceivedbythisdatewillbeconsideredinpreparetionofthefinalsubmissionofthecertificationinformationtoEPA.ApublichearingmaybeheldiftheCommissionfindsasignificantdegreeofpublicinterestinthedraftcertification.Pleasebringtheforegoingtotheattentionofpersonswhomyouknowwillbeinterested.March28,2012. STATE

OF MISSISSIPPI

,LEE COUNTY:

RECEIVED;:l Oepl

0f Euiviiorirne Personally appeared

before

me,

DiANNE

P. POWELL‘ QU8l 0 .Y
Public 1 in and
for said County

and State,

H. CLAY FOSTER,

JR., Publisher

of

a newspaper

printed

and published

in the City

of Tupelo,

Lee Cotnty, Mississippi,

called

The Northeast Mississippi

Daily Journal,

who being
duly sworn, deposes

and says that

the publication of

a certain notice,

a true copy

of which

is hereunto attached,

has been made

in said newspaper

for ._L. weeks consecutively

to-wit: voi.(3 .No.34

Date

201 Vol.. No._______ Date________

20_ Vol.. No._______

Date Vol.. No._______ Date_____________

20_ ‘ol. .No.______

Date Vol. .N.____ Dte________

20 fy Witness

my hand

and seal this____________ of ‘YNZL1CL.. 1c My Commission expirs____________

d av 20-o’,--:6o,:ID#83201 Am?. OWLL‘,\ciGlion Enpires/‘: