Ms. Gwendolyn Keyes Fleming

Regional AdministratorU.S. Environmental Protection Agency

61 Forsyth Street, S.W.

Atlanta, Georgia 30303-3 104Dear Ms. Fleming:

Re: Mississippi Ozone Infrastructure SIP

Enclosed are documents related to Mississippi’s Infrastructure State Implementation Plan (SIP) to

comply with the requirements of Section 11 0(a)(1) and (2) ofthe Federal Clean Air Act regarding the

2008 National Ambient Air Quality Standard for Ozone. We are transmitting, under separate cover,additional copies to Lynorae Benjamin of your agency.

We certify that a 30-day public comment period was held regarding the SIP. The public comment

period ended April 27, 2012, and no comments were received.

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

If you have any questions or need further information, please contact me or Maya Rao ofmy staff at

(601) 961-5242.

TDF/cjs

Enclosures

cc: Ms. Beverly Banister, EPA Region IV

OFFICE OF POLLUTION CONTROL

POST OFFICE Box 2261 • JACKsoN, Mississippi 39225-2261 • TEL: (601) 961-5171 • FAX: (601) 354-6612 • www.deq.state.ms.us

AN EQUAL OPPORTUNITY EMPLOYER

Very truly yours,
Ozone Infrastructure SIP Certification - Final 

May 4, 2012 

1

Mississippi Certification

Clean Air Act Section 110(a)(1) and (2)

Ozone Requirements

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

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

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

referred to in this document: 

APC-S-1 – Mississippi Commission on Environmental Quality 

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

Contaminants” 

APC-S-2 - Mississippi Commission on Environmental Quality 

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

Equipment” 

APC-S-3 - Mississippi Commission on Environmental Quality 

“Mississippi Regulations for the Prevention of Air Pollution Emergency 

Episodes” 

APC-S-5 - Mississippi Commission on Environmental Quality 

“Mississippi Regulations for the Prevention of Significant Deterioration of Air 

Quality” 

Appendix A-8 – Mississippi Code Title 49 

Section 110(a)(1)

Each State shall, after reasonable notice and public hearings, adopt and submit to the 

Administrator, within 3 years (or such shorter period as the Administrator may 

prescribe) after the promulgation of a national primary ambient air quality standard (or 

any revision thereof) under section 109 of this title for any air pollutant, a plan which 

provides for implementation, maintenance, and enforcement of such primary standard in 

each air quality control region (or portion thereof) within such State. In addition, such 

State shall adopt and submit to the Administrator (either as a part of a plan submitted 

under the preceding sentence or separately) within 3 years (or such shorter period as the 

Administrator may prescribe) after the promulgation of a national ambient air quality 

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

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

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

provided, each State shall consider its plan implementing such secondary standard at the 

hearing required by the first sentence of this paragraph. 
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 emission limitations and other control measures, means, or 

techniques (including economic incentives such as fees, marketable permits, and auctions 

of emissions rights), as well as schedules and timetables for compliance, as may be 

necessary or appropriate to meet the applicable requirements of this chapter. 

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

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

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

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

for the prevention, control, and abatement of pollution. 

Section 110(a)(2)(B)

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

procedures necessary to— 

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

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

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

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

the prevention, control, supervision, and abatement thereof. The “2011 Annual 

Monitoring Network Plan for Mississippi” provides the details of the ambient air quality 

monitoring system in the state. 

Section 110(a)(2)(C)

Include a program to provide for the enforcement of the measures described in 

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

source within the areas covered by the plan as necessary to assure that national ambient 

air quality standards are achieved, including a permit program as required in parts C 

and D of this subchapter. 

SIP Sections APC-S-5 and APC-S-2, Section V. apply to the construction of any new 

major stationary source or any existing major stationary sources. SIP Section APC-S-2, 

Section VI. provides for the enforcement of measures described in Section 110(a)(2)(A). 
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 interfere with maintenance by, any 

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

standard, or 

(II) interfere with measures required to be included in the applicable implementation 

plan for any other State under part C of this subchapter to prevent significant 

deterioration of air quality or to protect visibility

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

(Prong 1). 

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 where 40 CFR 52.21 and 40 CFR 51.166 were 

adopted by reference into the SIP. Therefore, new major sources and major 

modifications are subject to PSD. 

4. Interfere with measures required to meet the implementation plan for any 

other State related to Regional Haze and Visibility (Prong 4). 

Mississippi submitted its Regional Haze Implementation Plan to EPA on 

September 22, 2008. 

(ii) Each such Plan shall [...] contain adequate provisions insuring compliance 

with the applicable requirements of sections 115 and 126(b) that involve ozone 

precursor emissions (relating to interstate and international pollution 

abatement).” EPA has no reason to approve or disapprove any existing state 

rules with regard to these provisions. 

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

the SIP. These regulations require notification of potential impacts from new or 
Ozone Infrastructure SIP Certification - Final 

May 4, 2012 

4

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

SIP meets the requirements of this criterion. 

Section 110(a)(2)(E)

Provide 

 

(i) necessary assurances that the State (or, except where the Administrator deems 

inappropriate, the general purpose local government or governments, or a regional 

agency designated by the State or general purpose local governments for such purpose) 

will have adequate personnel, funding, and authority under State (and, as appropriate, 

local) law to carry out such implementation plan (and is not prohibited by any provision 

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

(ii) requirements that the State comply with the requirements respecting State boards 

under section 1 of this title, and 

(iii) necessary assurances that, where the State has relied on a local or regional 

government, agency, or instrumentality for the implementation of any plan provision, the 

State has responsibility for ensuring adequate implementation of such plan provision; 

SIP Appendix A-8, Section 49-17-17(h), provides for authority under State law to carry 

out its SIP and related issues. SIP Appendix A-8, Section 49-17-17(d), grants MDEQ 

statutory authority to accept and administer laws and grants from the federal government 

and from other sources, public and private, for carrying out any of its functions, which 

loans and grants shall not be expended for other than the purposes for which provided. 

Section 110(a)(2)(F)

 

Require, as may be prescribed by the Administrator— 

(i) the installation, maintenance, and replacement of equipment, and the implementation 

of other necessary steps, by owners or operators of stationary sources to monitor 

emissions from such sources, 

(ii) periodic reports on the nature and amounts of emissions and emissions-related data 

from such sources, and 

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

standards established pursuant to this chapter, which reports shall be available at 

reasonable times for public inspection.

SIP Section APC-S-2, Section VI lists requirements for compliance testing that is 

required to be included in any MDEQ air pollution permit. SIP Appendix A-8, Section 

49-17-21, states that MDEQ has the authority to require the maintenance of records 

related to the operation of air contaminant sources and any authorized representative of 

the Commission may examine and copy any such records or memoranda pertaining to the 

operation of such contaminant source. The Commission may require the installation, 

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

intervals as the Commission deems necessary. 
Ozone Infrastructure SIP Certification - Final 

May 4, 2012 5

SIP Section APC-S-2, Section IX requires that copies of records relating to the operation 

of air contamination sources shall be submitted to the Permit Board as required by the 

permit or upon request. 

Section 110(a)(2)(G)

Provide for authority comparable to that in section 303 of this title and adequate 

contingency plans to implement such authority. 

SIP Appendix A-8, Section 49-17-27, states that in the event an emergency is found to 

exist by the Commission, it may issue an emergency order as circumstances may require. 

SIP Section APC-S-3 states then the MDEQ Director determines that an Air Pollution 

Emergency Episode condition exists at one or more monitoring sites solely because of 

emissions from a limited number of sources, he may order such source or sources to put 

into effect the emission control programs which are applicable for each episode stage. 

SIP Section APC-S-3 also lists regulations to prevent the excessive buildup of air 

pollutants during air pollution episodes. 

Section 110(a)(2)(H)

Provide for revision of such plan— 

(i) from time to time as may be necessary to take account of revisions of such national 

primary or secondary ambient air quality standard or the availability of improved or 

more expeditious methods of attaining such standard, and 

(ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the 

basis of information available to the Administrator that the plan is substantially 

inadequate to attain the national ambient air quality standard which it implements or to 

otherwise comply with any additional requirements established under this chapter.

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

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

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

statutory authority to revise the SIP if the Administrator finds the plan to be 

substantially inadequate to attain the NAAQS. 
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 attainment 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 statutory authority to revise the SIP. 

Section 110(a)(2)(J)

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

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

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

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

the Regional Haze Implementation Plan) provide for continued consultation with 

government officials. SIP Appendix A-8, Section 49-17-17(c), provides MDEQ with the 

necessary statutory authority to advise, consult, cooperate, or enter into contracts, grants, 

and cooperative agreements with any federal or state agency or subdivision thereof. 

MDEQ has public notice mechanisms in place to notify the public of 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 modeling as the Administrator may prescribe for 

the purpose of predicting the effect on ambient air quality of any emissions of any air 

pollutant for which the Administrator has established a national ambient air quality 

standard, and 

(ii) the submission, upon request, of data related to such air quality modeling to the 

Administrator. 

SIP Sections APC-S-2, V.B. and APC-S-5 require that air modeling be conducted to 

determine permit applicability. 
Ozone Infrastructure SIP Certification - Final 

May 4, 2012 7

Section 110(a)(2)(L)

Require the owner or operator of each major stationary source to pay to the permitting 

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

cover— 

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

and 

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

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

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

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

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

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

to cover these costs. 

Section 110(a)(2)(M)

Provide for consultation and participation by local political subdivisions affected by the 

plan. 

SIP Appendix A-8, Section 49-17-17(c), gives the Commission the statutory authority to 

advise and consult with any political subdivisions in the State. SIP Appendix A-8, 

Section 49-17-19(b) requires the Commission to conduct public hearings in accordance 

with EPA regulations prior to establishing, amending, or repealing standards of air 

quality. 
Public participation for Mississippi Ozone Infrastructure SIP.

Public participation on the Mississippi Ozone Infrastructure 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 consistent 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 Mississippi. The notice of 

public hearing, and the draft SIP revision, were made available for public review in the 

main branches of the public libraries in the 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. 
I Public Notice Mississippi Commission on I nenQuaMy P. 0. Box 2261

Jackson, MS 39225

Telephone No. (801) 981- 5171

Notice Start Date:

Mardi 28.2012 MDEQprfi 27,2012

rtease take note that di

Msaissisoi Commission aEnwmnoven Ouah

nmeM regarding dii ela&ppl CertifIcation the!le State lmptementatjoq Plan for the Control of Al ottution is adequate ii pomply with th oquirements of Seottor t10(a)(1) and (2) of thE Federal Clean Air Ant as ertalna to tile Nadonsi ‘imblarit Air Quallt litandards for Ozone as Iromulgated by the U.S. Environmental Prolection

gency (EPA).

lea of the d rtificatlon ma

wnbflg 0 alllng Joanne Aisle at

ddreas end Ia

listed above.

Ffonnallon Is also avatOr public review

lNednesdey, March 28 2012, through Friday, 27. 2012 at the mai

branch of public tbrafles 8es of Gott, Jactcson

bird Ti,elo. For

persona with Inteme d

be found on

Mlaslseksri Depar5nerrt nvinrnmentai Quality’ etiede a

ItpJIwww.deq.atate.rns.u clicking on Programs Al lily; New information.

ereons wishing I

went on the dna

Ttlflcellon are Invited

bmit commenta In writirt

Jerry Beasley at th

mission’s add

own above, no later the

:00 p.m. on Fnrdey, Aprt 201a P.11 commen

celved by this date will

eldered in preparation C final submission of

rtiflcatton Information

k A public hearing ma

e held If the Commissionlinde a significant degree 0 Dublic Interest In the dertificatlon.‘lease bring the foregoln 0 the attention ci pa ehoni you know will nterestad.

C58849

MS DEPT. OF ENV. QUALITY,

0200398102Ozone Infrastructor SIP Certification

an authorized clerk of THE CLARION-LEDGER, a

newspaper as defined and prescribed in Sections 13-3-31

and 13-3-32, of the Mississippi Code of 1972, as amended,

who, being duly sworn, states that the notice, a true copy of

which is hereto attached, appeared in the issues of said

newspaper as follows:

3/28/2012

Size: 321 words / 1.00 col. x 86.00 lines

Published: I time(s)

Total: $52.02

Signed 2d_I 2__aL%a—1

Authorized Clerk of

The Clarion-LedgerSWORN to and subscribed ,efore me on 3/28/20 12.

JL

7

Notary Public

RICK TYLER

Notary Public State of Mississippi at Large. Bonded thruNotary Public Underwriters

(SEAL)
Public Notice I MiSSiSSiPpI Commission on I EflvimnmentaiQuaty

j P.O. Box 2261 [Jadmen 1MSg225 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 I2BO12,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

I cticlsng tw.deq.stae.mj 5on Programs; Quaflty New Infonnatjo,, Persons wbocco

on the draft certification are ifl4to submit comments in writing to Jerry Beasley at the

I above.

CommIssbn’sa 5,,nolaterthan

500p.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

—1484697

0 ‘a— 0 ‘ ofl\lt,LEy 0,,

‘ ‘a 0

rr-,,

i .

,li,0.

0

0 • 00 0

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., datedNo., dated

No., dated

No., dated

No., dated

day offlh.iar ,,20 (Zdayof_________ ,20

dayof_________ 20dayof_________ ,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:

Public Notice

Mississippi Commission on Environmental Quality

P. 0. Box 2261

Jackson MS 39225

Telepiofle No. (601) 961-5171

Public NotIce Start Date:

March 28, 2012 MDEQ Contact: Jerry Beasiey

Deadline for Comment:

April 27, 2012 Please take note that

the Mississippi Commission on Environmental

Quality (“Commlssion) is providing draft informa tion for comment regard

ing the Mississippi Certifi cation that the State

Implementation Plan forthe Control of Air Pollution

is adequate to comply with the requirements of Sec tion 11O(a)(1) and (2) of

the Federal Clean Air Act

as it pertains, to the

National Ambient Air Qual

ity Standards for.Dzofte.as promulgated by the U.S. Environmental Protection

Agency (EPA). Copies of the draft cer tification may be obtained

by writing or calling Joanne Rlais at the

address and telephonenumber listed above. Thedraft certification informa

tion is also available for

public review from Wednesday, March 28, 2012, through Friday,

April 27, 2012, at the main branch of public

libraries in cities of Gulfport, Jackson, and ‘Tupelo. For those persons with

internet access, the draft

certification informationmay be found on the Mis sissippi Department of Environmental Quality’s

webslte at http:IIwww. Øeo.state.ms.us by dick

Ing on Programs; Air Quai ity’ New Information.

ersons wishing to com

ment on the draft certifi

cation are invited to sub

mit comments In writingto Jerry Beasley at the Commission’s address

shown above, no laterthan 5:00 p.m. on Friday,

April 27, 2012. All com

ments received by this

date will be considered inpreparetion of the final submission of the certifi

cation information to EPA.

A public hearing may be

held if the Commission

finds a significant degree

of public interest in the draft certification.

Please bring the forego

ing to the attention of persons whom you know will

be interested.March 28, 2012.

of a certain notice, a true copy of which is hereunto attached, has be

made 

p

p

._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

Witness my hand

fy

and seal this____________

of ‘YNZL1CL..

1c

My Commission expirs

d av

20

-o’,--

:6o,: ID

# 83201

Am?. OWLL

‘, \c iGlion Enpires/ ‘

: