STATE OF MISSISSIPPI 

PHIL BRYANT 

GoVERNOR 

--

MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY 

TRUDY D. FISHER, EXECUTIVE DIRECTOR 

Ms. Gwendolyn Keyes Fleming 

Regional Administrator 

U.S. Environmental Protection Agency 

61 Forsyth Street, S. W. 

Atlanta, Georgia 30303-3104 

Dear Ms. Fleming: 

October 11,2012 

Re: Mississippi SIP Revision 

Enclosed are documents related to a Revision of the Mississippi State Implementation Plan (SIP 

Revision). We are transmitting, under separate cover, additional copies to R. Scott Davis of your 

agency. 

On September 27, 2012, the Mississippi Commission on Environmental Quality adopted a SIP 

Revision to add certain provisions of state law and the state constitution to the SIP as the provisions 

pertain to the requirements of Section 11 O(a)(2)(E)(ii) and Section 128(a)(l) & (2) of the Federal 

Clean Air Act. 

We certify that a public comment period was held to receive comments regarding the SIP Revision. 

No comments were received concerning the SIP Revision during the public comment period. 

We feel that this SIP revision submittal is complete. Therefore, we are requesting EPA approval of 

the additions into the federally approved Mississippi State Implementation Plan. 

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

(601) 961-5242. 

TDF/cjs 

enclosures 

cc: Ms. Beverly Banister, EPA Region IV 

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 
STATE OF .MISSISSIPPI 

PHIL BRYANT 

GoVERNOR 

.MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY 

TRUDY D. FISHER, EXECUTIVE DIRECTOR 

Ms. Gwendolyn Keyes Fleming 

Regional Administrator 

U.S. Environmental Protection Agency 

61 Forsyth Street, S.W. 

Atlanta, Georgia 30303-3104 

Dear Ms. Fleming: 

October 11, 2012 

Re: Mississippi SIP Revision 

Enclosed are documents related to a Revision of the Mississippi State Implementation Plan (SIP 

Revision). We are transmitting, under separate cover, additional copies toR. Scott Davis of your 

agency. 

On September 27, 2012, the Mississippi Commission on Environmental Quality adopted a SIP 

Revision to add certain provisions of state law and the state constitution to the SIP as the provisions 

pertain to the requirements of Section 110(a)(2)(E)(ii) and Section 128(a)(l) & (2) ofthe Federal 

Clean Air Act. 

We certify that a public comment period was held to receive comments regarding the SIP Revision. 

No comments were received concerning the SIP Revision during the public comment period. 

We feel that this SIP revision submittal is complete. Therefore, we are requesting EPA approval of 

the additions into the federally approved Mississippi State Implementation Plan. 

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

(601) 961-5242. 

TDF/cjs 

enclosures 

cc: Ms. Beverly Banister, EPA Region IV 

I 

Tru,:W D. Fisher 

Exebutive Director 

OFFICE OF POLLUTION CONTROL 

PosT OFFICE Box 2261 • JACKSON, MlSSlSSIPPl 39225-2261 • TEL: (601) 961-5171 • FAX: (601) 354-6612 • www.deq.state.ms.us 

AN EQUAL OPPORTUNITY EMPLOYER 
MISSISSIPPI 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

OFFICE OF POLLUTION CONTROL 

STATE IMPLEMENTATION PLAN (SIP) 

REVISION 

TO ADD PROVISIONS OF STATE LAW AND THE STATE CONSTITUTION TO THE 

SIP AS IT PERTAINS TO THE REQUIREMENTS OF SECTION 110(a)(2)(E)(ii) AND 

SECTION 128(a)(l) & (2) OF THE FEDERAL CLEAN AIR ACT. 

Adopted September 27, 2012 
2 

TABLE OF CONTENTS 

1.53 Introduction: State Implementation Plan (SIP) Revision Regarding_ to add provisions 

of state law and the state constitution to the SIP as it pertains to the requirements of 

Section 110(a)(2)(E)(ii) and Section 128(a)(l) & (2) of the Federal Clean Air Act. 

1.54 Notification of Public Hearing for the SIP Revision 

3.24 Legal Authority for the SIP Revision 

5.22 Control Strategy for the SIP Revision 

6.26 Control Regulations for the SIP Revision 

14.1.21 Health Effects of the SIP Revision 

14.3.21 Economic Effects of the SIP Revision 

14.5.21 Social Effects of the SIP Revision 

14.6.21 Air Quality Effects of the SIP Revision 

Appendix A -10 State Ethics Law as of July 1, 2011 and Mississippi Ethics Commission 

Advisory Opinion No. 95-042-E, May 5, 1995 

Appendix A-ll State Constitution Provisions as of July 1, 2011 

Mississippi SIP Revision Ethics, Final 

Adopted September 27, 20 12 
-

3 

1.53 Introduction: State Implementation Plan (SIP) Revision to add provisions of state law and 

the state constitution to the SIP as it pertains to the requirements of Section 11 0(a)(2)(E)(ii) 

and Section 128(a)(l) & (2) of the Federal Clean Air Act. 

The purpose of this SIP Revision is to address the state SIP infrastructure requirements of 

Section 110(a)(2)(E)(ii) and Sections 128(a)(l) & (2) ofthe Federal Clean Air Act regarding 

ethics requirements of the state environmental control commission and state permit board. 

Provisions of state law as well as provisions ofthe state constitution are being added to the 

Mississippi SIP. These provisions are included in Appendix A-1 0 and A-ll of this SIP 

Revision. 

Mississippi SIP Revision Ethics, Final 

Adopted September 27,2012 
-

4 

1.54 Notification of Public Comment Period for this SIP Revision. 

Public participation on the SIP revision was achieved by a public notice announcing a 30-

day public comment period beginning on July 16, 2012, and ending on August 15, 2012. 

The notice for public hearing was published consistent with procedures approved by EPA 

The public notice was published on July 16, 2012, in daily newspapers in the cities of 

Gulfport, Jackson, and Tupelo in the State of Mississippi. The public notice and the 

proposed SIP revision, was 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 Amite St., Jackson, Mississippi, 39201 and also was 

available on the Department's website http://www.deq.state.ms.us 

The public notice follows this page. 

Mississippi SIP Revision Ethics, Final 

Adopted September 27,2012 
Public Notice 

Mississippi Commission on Environmental Quality 

P. 0. Box 2261 

Jackson, MS 39225 

Telephone No. (601) 961-5171 

5 

Public Notice Start Date: July 16, 2012 

Deadline for Comment: August 15, 2012 

MDEQ Contact: Jerry Beasley 

Please take note that the Mississippi Commission on Environmental Quality ("Commission") is 

providing draft information for comment regarding the Mississippi Certification that the State 

Implementation Plan for the Control of Air Pollution is adequate to comply with the requirements of 

Section 110(a)(2)(E)(ii) of the Federal Clean Air Act as it pertains to the 2006 National Ambient Air 

Quality Standards for Fine Particulate Matter (PM2.5) as promulgated by the U.S. Environmental 

Protection Agency (EPA). Furthermore, the Commission is considering a Revision to the State 

Implementation Plan for the Control of Air Pollution (SIP Revision) to add provisions of state law 

and the state constitution to the SIP as it pertains to the requirements of Section 11 0( a)(2)(E)(ii) and 

Section 128(a)(l) & (2) of the Federal Clean Air Act. 

Copies of the Draft Certification and Proposed SIP Revision may be obtained by writing or calling 

Joanne Rials at the address and telephone number listed above. The Draft Certification and Proposed 

SIP Revision are also available for public review from Monday, July 16,2012, through Wednesday, 

- August 15,2012, at the main branch of public libraries in cities of Gulfport, Jackson, and Tupelo. 

For those persons with internet access, the Draft Certification and Proposed SIP Revision may be 

found on the Mississippi Department of Environmental Quality's website at 

http://www.deq.state.ms.us by clicking on Programs; Air Quality; New Information. 

Persons wishing to comment on the draft certification and proposed SIP Revision are invited to 

submit comments in writing to Jerry Beasley at the Commission's address shown above, no later 

than 5:00 p.m. on Wednesday, August 15, 2012. All comments received by this date will be 

considered in preparation of the final submission to EPA. A public hearing may be held if the 

Commission finds a significant degree of public interest in the Draft Certification and Proposed SIP 

Revision. 

Please bring the foregoing to the attention of persons whom you know will be interested. 

Mississippi SIP Revision Ethics, Final 

Adopted September 27, 2012 
6 

3.24 Legal Authority for the SIP Revision 

No legislative actions are needed concerning this SIP revision. The State of Mississippi Air 

& Water Pollution Control Law, Section 49-17-1 to 49-17-43, Mississippi Code of 1972, 

gives the Commission on Environmental Quality the necessary legal authority to adopt and 

implement this SIP revision. The State act (as of July 1, 2011) Mississippi Code Annotated, 

Section 49-17-13(3) designates the Commission as the State air pollution control agency for 

all purposes of the federal pollution control legislation and programs and take all actions 

necessary thereto. The state air pollution control law as of July 1, 2011, is included in 

Appendix A-9 of the Mississippi State Implementation Plan. 

Mississippi SIP Revision Ethics, Final 

Adopted September 27,2012 
5.22 Control Strategy for the SIP Revision 

No control strategy is required for this SIP Revision. 

Mississippi SIP Revision- Ethics, Final 

Adopted September 27,2012 

7 
6.26 Control Regulations for the SIP Revision 

No amendments to state regulations are required for this SIP revision. 

Mississippi SIP Revision- Ethics, Final 

Adopted September 27, 2012 

8 
14.1.21 Health Effects of the SIP Revision 

No adverse health effects are expected to be caused by this SIP revision. 

Mississippi SIP Revision- Ethics, Final 

Adopted September 27,2012 

9 
14.3.21 Economics Effects of the SIP Revision 

No adverse economic effects due to this SIP revision are foreseen. 

Mississippi SIP Revision- Ethics, Final 

Adopted September 27,2012 

10 
-

14.5.21 Social Effects of the SIP Revision 

No adverse social effects are foreseen as a result of this SIP revision. 

lvtississippi SIP Revision- Ethics, Final 

Adopted September 27, 2012 

11 
14.6.21 Air Quality Effects of the SIP Revision 

This SIP revision will not have any adverse air quality effects. 

Mississippi SIP Revision Ethics, Final 

Adopted September 27,2012 

12 
-

MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY 

OFFICE OF POLLUTION CONTROL 

STATE IMPLEMENTATION PLAN REVISION 

APPENDIX A-10 

STATE ETHICS LAW AS OF JULY 1, 2011 

AND 

MISSISSIPPI ETHICS COMMISSION ADVISORY OPINION NO. 95-042-E 

Mississippi SIP Revision- Ethics, Final 

Adopted September 27, 20l2 

13 
--

-

MISSISSIPPI CODE of 1972 

***Current through the 2011 Regular Session and 1st Extraordinary Session*** 

TITLE 25. PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS 

CHAPTER 4. ETHICS IN GOVERNMENT 

Miss. Code Ann.§ 25-4-25 through §25-2-29, and§ 25-4-101 through§ 25-4-105 

TITLE 25. PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS 

CHAPTER 4. ETHICS IN GOVERNMENT 

ARTICLE 1. MISSISSIPPI ETHICS COMMISSION 

Miss. Code Ann.§ 25-4-25 (2011) 

§ 25-4-25. Persons required to file statement of economic interest 

14 

Each of the following individuals shall file a statement of economic interest with the commission 

in accordance with the provisions of this chapter: 

(a) Persons elected by popular vote, excluding United States Senators and United States 

Representatives, to any office, whether it be legislative, executive or judicial, and whether it be 

statewide, district, county, municipal or any other political subdivision, with the exception of 

members of boards of levee commissioners and election commissioners; 

(b) Members of local school boards that administer public funds, regardless of whether such 

members are elected or appointed; 

(c) Persons who are candidates for public office or who are appointed to fill a vacancy in an 

office who, if elected, would be required to file under paragraph (a) of this section; 

(d) Executive directors or heads of state agencies, by whatever name they are designated, who 

are paid in part or in whole, directly or indirectly, from funds appropriated or authorized to be 

expended by the Legislature, and the presidents and trustees of all state-supported colleges, 

universities and junior colleges; 

(e) Members of any state board, commission or agency, including the Mississippi Ethics 

Commission, charged with the administration or expenditure of public funds, with the exception 

of advisory boards or commissions; provided, however, in order to fulfill the legislative purposes 

of this chapter, the commission may require, upon a majority vote, the filing of a statement of 

economic interest by members of an advisory board or commission; 

(f) Executive directors, heads, or members of any board, committee, commission or council of 

any of the following entities, by whatever name designated: 

(i) An economic development district established pursuant to Title 19, Chapter 5, Mississippi 

Code of 1972; 

Mississippi SIP Revision- Ethics, Final 

Adopted September 27,2012 
(ii) Any entity created pursuant to the Regional Economic Development Act, Title 57, Chapter 

64, Mississippi Code of 1972; 

(iii) Any county development commission established pursuant to Title 59, Chapter 9, 

Mississippi Code of 1972; 

(iv) Any industrial council established pursuant to Title 57, Chapter 32, Mississippi Code of 

1972;or 

(v) An airport authority established pursuant to statute or other legislative act. 

15 

HISTORY: SOURCES: Laws, 1979, ch. 508, § 8; reenacted and amended, Laws, 1982, ch. 488, 

§ 14; reenacted, Laws, 1986, ch. 348, § 14; reenacted, Laws, 1990, ch. 491; Laws, 1995, ch. 360, 

§ 14; reenacted without change, Laws, 1998, ch. 350, § 14; Laws, 2008, ch. 562, § 7, eff August 

5, 2008 (the date the United States Attorney General interposed no objection under Section 5 of 

the Voting Rights Act of 1965, to the amendment of this section.) 

§ 25~4-27. Contents of statement of economic interest 

Each person specified under Section 25-4-25 shall file a statement in accordance with the 

provisions of this chapter in the manner and format prescribed by the commission which shall be 

certified as to the accuracy and completeness of the information set forth to the best knowledge 

of the person submitting the statement. The commission shall develop a system of electronic 

filing for use by persons required to file a statement of economic interest. The commission shall 

implement the electronic filing system on or before January 1, 2010. Any person required to file 

with the commission shall file electronically on and after January 1, 2010. The statement shall 

include the following information for the preceding calendar year: 

(a) The name and mailing address of the filer; 

(b) The title, position and offices whereby the person is required to file; 

(c) All other occupations of the filer and his household members; 

(d) The names and addresses of all businesses in which the filer or a household member held a 

position, and the name of the position, if the person or a household member: 

(i) Receives more than Two Thousand Five Hundred Dollars ($ 2,500.00) per year in income 

from the business; 

(ii) Owns ten percent (10%) or more of the fair market value in the business; 

(iii) Owns an ownership interest in the business, the fair market value of which exceeds Five 

Thousand Dollars($ 5,000.00); or 

(iv) Is an employee, director or officer of the business; 

Mississippi SIP Revision~· Ethics, Final 

Adopted September 27,2012 
16 

(e) Any representation or intervention for compensation by a person specified under Section 25-

4-25( a) and (d) for any person or business before any authority of state or local government, 

excluding the courts; provided, however, that this provision shall not apply where the 

representation involves only uncontested or routine matters. The statement shall identify the 

person represented and the nature of the business involved; and 

(f) The filing party shall list all public bodies from which he or a household member received 

compensation in excess of One Thousand Dollars($ 1,000.00). 

HISTORY: SOURCES: Laws, 1979, ch. 508, § 9; reenacted and amended, Laws, 1982, ch. 488, 

§ 15; Laws, 1984, ch. 488, § 170; reenacted, Laws, 1986, ch. 348, § 15; reenacted, Laws, 1990, 

ch. 491; Laws, 1995, ch. 360, § 15; reenacted without change, Laws, 1998, ch. 350, § 15; Laws, 

2008, ch. 562, § 8, eff August 5, 2008 (the date the United States Attorney General interposed no 

objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.) 

§ 25-4-29. Filing dates for statements 

(1) Required statements hereunder shall be filed as follows: 

(a) Every incumbent public official required by paragraphs (a), (b), (d) and (e) of Section 25-4-

25 to file a statement of economic interest shall file such statement with the commission on or 

before May 1 of each year that such official holds office, regardless of duration; 

(b) Candidates for office required to file a statement hereunder shall file such statement within 

fifteen ( 15) days after the deadline for qualification for that public office; 

(c) Persons who are required to file a statement because of appointment to fill a vacancy in an 

office or required to file under Section 25-4-25( d) and (e) shall file such statement within thirty 

(30) days of their appointment; 

(d) No person by reason of successful candidacy or assuming additional offices shall be required 

to file more than one ( 1) statement of economic interest in any calendar year, except such official 

shall notify the commission as soon as practicable of additional offices not previously reported; 

and 

(e) The commission may, on an individual case basis, provide for additional time to file a 

statement upon a showing that compliance with a filing date set out under paragraph (a), (b), (c) 

or (d) above would work an unreasonable hardship. 

(2) Any person who fails to file a statement of economic interest within thirty (30) days of the 

date the statement is due shall be deemed delinquent by the commission. The commission shall 

give written notice of the delinquency to the person by United States mail or by personal service 

of process. If within fifteen ( 15) days of receiving written notice of delinquency the delinquent 

filer has not filed the statement. of economic interest, a fine of Fifty Dollars ($ 50.00) per day, not 

to exceed a total fine of One Thousand Dollars($ 1,000.00), shall be assessed against the 

delinquent filer for each day thereafter in which the statement of economic interest is not 

Mississippi SIP Revision- Ethics, Final 

Adopted September 27,2012 
17 

properly filed. The commission shall enroll such assessment as a civil judgment with the circuit 

clerk in the delinquent filer's county of residence. The commission may enforce the judgment for 

the benefit of the State General Fund for the support of the Mississippi Adequate Education 

Program in the same manner as is prescribed for other civil judgments. 

HISTORY: SOURCES: Laws, 1979, ch. 508, § 10; reenacted and amended, Laws, 1982, ch. 

488, § 16; reenacted, Laws, 1986, ch. 348, § 16; reenacted, Laws, 1990, ch. 491; Laws, 1995, ch. 

360, § 16; reenacted without change, Laws, 1998, ch. 350, § 16; Laws, 2008, ch. 562, § 10, eff 

August 5, 2008 (the date the United States Attorney General interposed no objection under 

Section 5 of the Voting Rights Act of 1965, to the amendment of this section); Laws, 2011, ch. 

488, § 1, efffrom and after July 1, 2011. 

TITLE 25. PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS 

CHAPTER 4. ETHICS IN GOVERNMENT 

ARTICLE 3. CONFLICT OF INTEREST; IMPROPER USE OF OFFICE 

Miss. Code Ann.§ 25-4-25 (2011) 

§ 25-4-101. Declaration of public policy 

The Legislature declares that elective and public office and employment is a public trust 

and any effort to realize personal gain through official conduct, other than as provided by law, or 

as a natural consequence of the employment or position, is a violation of that trust. Therefore, 

public servants shall endeavor to pursue a course of conduct which will not raise suspicion 

among the public that they are likely to be engaged in acts that are in violation of this trust and 

which will not reflect unfavorably upon the state and local governments. 

HISTORY: SOURCES: Laws, 1983, ch. 469, § 1, efffrom and after July 1, 1983. 

§ 25-4-103. Definitions 

The following definitions apply in this article unless the context otherwise requires: 

(a) "Authority" means any component unit of a governmental entity. 

(b) "Benefit" means any gain or advantage to the beneficiary, including any gain or 

advantage to a third person pursuant to the desire or consent of the beneficiary. 

(c) "Business" means any corporation, partnership, sole proprietorship, firm, 

enterprise, franchise, association, organization, holding company, self-employed individual, 

joint-stock company, receivership, trust or other legal entity or undertaking organized for 

economic gain, a nonprofit corporation or other such entity, association or organization receiving 

public funds. 

(d) "Business with which he is associated" means any business of which a public 

servant or his relative is an officer, director, owner, partner, employee or is a holder of more than 

ten percent (10%) of the fair market value or from which he or his relative derives more than 

Mississippi SIP Revision- Ethics, Final 

Adopted September 27,2012 
Two Thousand Five Hundred Dollars ($ 2,500.00) in annual income or over which such public 

servant or his relative exercises control. 

18 

(e) "Compensation" means money or thing of value received, or to be received, from 

any person for services rendered. 

(t) "Contract" means: 

(i) Any agreement to which the government is a party; or 

(ii) Any agreement on behalf of the government which involves the payment 

of public funds. 

(g) "Government" means the state and all political entities thereof, both collectively 

and separately, including, but not limited to: 

(i) Counties; 

(ii) Municipalities; 

(iii) All school districts; 

(iv) All courts; and 

(v) Any department, agency, board, commission, institution, instrumentality, 

or legislative or administrative body of the state, counties or municipalities 

created by statute, ordinance or executive order including all units that expend 

public funds. 

(h) "Governmental entity" means the state, a county, a municipality or any other 

separate political subdivision authorized by law to exercise a part of the sovereign power of the 

state. 

(i) "Income" means money or thing of value received, or to be received, from any 

source derived, including, but not limited to, any salary, wage, advance, payment, dividend, 

interest, rent, forgiveness of debt, fee, royalty, commission or any combination thereof. 

(j) "Intellectual property" means any formula, pattern, compilation, program, device, 

method, technique or process created primarily as a result of the research effort of an employee 

or employees of an institution of higher learning ofthe State of Mississippi. 

(k) !!Material financial interest" means a personal and pecuniary interest, direct or 

indirect, accruing to a public servant or spouse, either individually or in combination with each 

other. Notwithstanding the foregoing, the following shall not be deemed to be a material 

financial interest with respect to a business with which a public servant may be associated: 

(i) Ownership of any interest ofless than ten percent (1 0%) in a business 

Mississippi SIP Revision- Ethics, Final 

Adopted September 27, 2012 
19 

where the aggregate annual net income to the public servant therefrom is less than 

One Thousand Dollars ($ 1,000.00); 

(ii) Ownership of any interest ofless than two percent (2%) in a business 

where the aggregate annual net income to the public servant therefrom is less than 

Five Thousand Dollars ($ 5,000.00); 

(iii) The income as an employee of a relative if neither the public servant or 

relative is an officer, director or partner in the business and any ownership interest 

would not be deemed material pursuant to subparagraph (i) or (ii) herein; or 

(iv) The income ofthe spouse of a public servant when such spouse is a 

contractor, subcontractor or vendor with the governmental entity that employs the 

public servant and the public servant exercises no control, direct or indirect, over 

the contract between the spouse and such governmental entity. 

(1) "Pecuniary benefit" means benefit in the form of money, property, commercial 

interests or anything else the primary significance of which is economic gain. Expenses 

associated with social occasions afforded public servants shall not be deemed a pecuniary 

benef1t. 

(m) "Person" means any individual, firm, business, corporation, association, partnership, 

union or other legal entity, and where appropriate a governmental entity. 

(n) "Property" means all real or personal property. 

( o) "Public funds" means money belonging to the government. 

(p) "Public servant" means: 

(i) Any elected or appointed official of the government; 

(ii) Any officer, director, commissioner, supervisor, chief, head, agent or 

employee ofthe government or any agency thereof, or of any public entity created 

by or under the laws of the State ofMississippi or created by an agency or 

governmental entity thereof, any of which is funded by public funds or which 

expends, authorizes or recommends the use of public funds; or 

(iii) Any individual who receives a salary, per diem or expenses paid in whole 

or in part out of funds authorized to be expended by the government. 

(q) "Relative" means: 

(i) The spouse of the public servant; 

(ii) The child of the public servant; 

.Mississippi SIP Revision- Ethics, Final 

Adopted September 27,2012 
-

20 

(iii) The parent of the public servant; 

(iv) The sibling of the public servant; and 

( v) The spouse of any of the relatives of the public servant specified in 

subparagraphs (ii) through (iv). 

(r)"Securities" means stocks, bonds, notes, convertible debentures, warrants, evidences of 

debts or property or other such documents. 

HISTORY: SOURCES: Laws, 1983, ch. 469, § 2 [See Editor's Note below]; Laws, 1991, ch. 572 

§ 1; Laws, 1992, ch. 530, § 9; Laws, 2008, ch. 562, § 12, eff August 5, 2008 (the date the United 

States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 

1965, to the amendment of this section.) 

§ 25-4-105. Certain actions, activities and business relationships prohibited or authorized; 

contracts in violation of section voidable; penalties 

(1) No public servant shall use his official position to obtain, or attempt to obtain, 

pecuniary benefit for himself other than that compensation provided for by law, or to obtain, or 

attempt to obtain, pecuniary benefit for any relative or any business with which he is associated. 

(2) No public servant shall be interested, directly or indirectly, during the term for 

which he shall have been chosen, or within one ( 1) year after the expiration of such term, in any 

contract with the state, or any district, county, city or town thereof, authorized by any law passed 

or order made by any board of which he may be or may have been a member. 

(3) No public servant shall: 

(a) Be a contractor, subcontractor or vendor with the governmental entity of 

which he is a member, officer, employee or agent, other than in his contract of 

employment, or have a material financial interest in any business which is a 

contractor, subcontractor or vendor with the governmental entity of which he is a 

member, officer, employee or agent 

(b) Be a purchaser, direct or indirect, at any sale made by him in his official 

capacity or by the governmental entity of which he is an officer or employee, 

except in respect of the sale of goods or services when provided as public utilities 

or offered to the general public on a uniform price schedule. 

(c) Be a purchaser, direct or indirect, of any claim, certificate, warrant or 

other security issued by or to be paid out of the treasury of the governmental 

entity of which he is an officer or employee. 

(d) Perform any service for any compensation during his term of office or 

employment by which he attempts to influence a decision of the authority of the 

governmental entity of which he is a member. 

Mississippi SIP Revision -Ethics, Final 

Adopted September 27, 2012 
21 

(e) Perform any service for any compensation for any person or business after 

termination of his office or employment in relation to any case, decision, 

proceeding or application with respect to which he was directly concerned or in 

which he personally participated during the period of his service or employment. 

( 4) Notwithstanding the provisions of subsection (3) of this section, a public servant 

or his relative: 

(a) May be an officer or stockholder of banks or savings and loan associations 

or other such financial institutions bidding for bonds, notes or other evidences of 

debt or for the privilege of keeping as depositories the public funds of a 

governmental entity thereof or the editor or employee of any newspaper in which 

legal notices are required to be published in respect to the publication of said 

legal notices. 

(b) May be a contractor or vendor with any authority of the governmental 

entity other than the authority of the governmental entity of which he is a 

member, officer, employee or agent or have a material financial interest in a 

business which is a contractor or vendor with any authority of the governmental 

entity other than the authority of the governmental entity of which he is a 

member, officer, employee or agent where such contract is let to the lowest and 

best bidder after competitive bidding and three (3) or more legitimate bids are 

received or where the goods, services or property involved are reasonably 

available from two (2) or fewer commercial sources, provided such transactions 

comply with the public purchases laws. 

(c) May be a subcontractor with any authority of the governmental entity 

other than the authority of the governmental entity of which he is a member, 

officer, employee or agent or have a material fmancial interest in a business 

which is a subcontractor with any authority of the governmental entity other than 

the authority of the governmental entity of which he is a member, officer, 

employee or agent where the primary contract is let to the lowest and best bidder 

after competitive bidding or where such goods or services involved are 

reasonably available from two (2) or fewer commercial sources, provided such 

transactions comply with the public purchases laws. 

(d) May be a contractor, subcontractor or vendor with any authority ofthe 

governmental entity of which he is a member, officer, employee or agent or have 

a material financial interest in a business which is a contractor, subcontractor or 

vendor with any authority of the governmental entity of which he is a member, 

officer, employee or agent: (i) where such goods or services involved are 

reasonably available from two (2) or fewer commercial sources, provided such 

transactions comply with the public purchases laws; or (ii) where the contractual 

relationship involves the further research, development, testing, promotion or 

merchandising of an intellectual property created by the public servant. 

Mississippi SIP Revision Ethics, Final 

Adopted September 27,2012 
22 

(e) May purchase securities issued by the governmental entity of which he is 

an officer or employee if such securities are offered to the general public and are 

purchased at the same price as such securities are offered to the general public. 

(f) May have an interest less than a material financial interest in a business 

which is a contractor, subcontractor or vendor with any governmental entity. 

(g) May contract with the Mississippi Veteran's Home Purchase Board, 

Mississippi Housing Finance Corporation, or any other state loan program, for the 

purpose of securing a loan; however, public servants shall not receive favored 

treatment. 

(h) May be employed by or receive compensation from an authority of the 

governmental entity other than the authority of the governmental entity of which 

the public servant is an officer or employee. 

(i) If a member of the Legislature or other public servant employed on less 

than a full-time basis, may represent a person or organization for compensation 

before an authority of the governmental entity other than an authority of the 

governmental entity of which he is an officer or employee. 

(j) If a constable, may be employed and receive compensation as a deputy 

sheriff or other employee ofthe county for which he serves as constable. 

(5) No person may intentionally use or disclose information gained in the course of or 

by reason of his official position or employment as a public servant in any way that could result 

in pecuniary benefit for himself, any relative, or any other person, if the information has not been 

communicated to the public or is not public information. 

(6) Any contract made in violation of this section may be declared void by the 

governing body of the contracting or selling authority of the governmental subdivision or a court 

of competent jurisdiction and the contractor or subcontractor shall retain or receive only the 

reasonable value, with no increment for profit or commission, of the property or the services 

furnished prior to the date of receiving notice that the contract has been voided. 

(7) Any person violating the provisions of this section shall be punished as provided 

for in Sections 25-4-109 and 25-4-111. 

HISTORY: SOURCES: Laws, 1983, ch. 469, § 3; Laws, 1988, ch. 546, § 4; Laws, 1992, ch. 

530, § 10; Laws, 1994, ch. 586, § 1; Laws, 1998, ch. 490, § 1; Laws, 2000, ch. 578, § 2; Laws, 

2008, ch. 562, § 13, eff August 5, 2008 (the date the United States Attorney General interposed 

no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this 

section.) 

Mississippi SIP Revision Ethics, Final 

Adopted September 27,2012 
MISSISSIPPI ETHICS COMMISSION 

ADVISORY OPINION NO. 95-042-E 

May 5,1995 

This Advisory Opinion concerns the following issue as formulated from facts 

and/or circumstances furnished by a requestor. The opinion is based solely on the facts 

and circumstances as stated below and was approved by the Commission on May 5, 

1995. 

Are the Mississippi Ethics in Government laws violated if certain 

member(s) of a state commission that is required by state laws to 

be composed in part by representatives of the industries or other 

interest groups the state commission regulates should: 

Issue 1. vote on regulations before the state commission that 

generally affect their particular industry or user group; 

Issue 2. vote on regulations before the state commission that 

specifically affect or restrict their personal company or business; 

Issue 3. vote on licensing restrictions and other regulations that 

affect their particular industry or user group; and 

Issue 4. vote on permits for certain projects in close proximity to 

commission members' residences but which they have no financial 

interest? 

The Mississippi Ethics Commission is restricted to interpreting and issuing 

opinions on Sections 25-4-101 through 25-4-119, 1972 Mississippi Code 

Annotated and Article IV, Section 109, Mississippi Constitution of 1890. 

Therefore, Mississippi laws outside the jurisdiction of the Commission and 

internal rules and regulations of the state governmental entity are not addressed 

by this opinion. 

The pertinent conflict of interest laws to be considered here are: 

Constitutional Section 109 states: 

"No public officer or member of the legislature shall be interested, 

directly or indirectly, in any contract with the state, or any district, 

county, city, or town thereof authorized by any law passed or order 

made by any board of which he may be or may have been a 

member, during the term for which he shall have been chosen, or 

within one year after the expiration of such term." 

Code Section 25-4-103(c), (d), (f)(i)(ii), (g)(v), (h), (1), (m) and 

(p )(i)(ii)(iii) states: 

"(c) 'Business' means any corporation, partnership, sole 

Mississippi SIP Revision- Ethics, Final 

Adopted September 27,2012 

23 
proprietorship, firm, enterprise, franchise, association, 

organization, holding company, self-employed individual, joint 

stock company, receivership, trust or other legal entity or 

undertaking organized for economic gain, a non-profit corporation 

or other such entity, association or organization receiving public 

funds. 

(d) 'Business with which he is associated' means any business of 

which a public servant or his relative is an officer, director, owner, 

partner, employee or is a holder of more than ten percent (10%) of 

the fair market value or from which he or his relative derives more 

than One Thousand Dollars ($1,000.00) in annual income or over 

which such public servant or his relative exercises control. 

(f) 'Contract' means: 

(i) Any agreement to which the government is a 

party; or 

(ii) Any agreement on behalf of the government 

which involves the payment of public funds. 

(g) 'Governmental' means the state and all political entities thereof, 

both collectively and separately, including but not limited to: 

(v) Any department, agency, board, commission, institution, 

instrumentality, or legislative or administrative body of the state, 

counties or municipalities created by statute, ordinance or 

executive order including all units that expend public funds. 

(h) 'Governmental entity' means the state, a county, a municipality 

or any other separate political subdivision authorized by law to 

exercise a part of the sovereign power of the state. 

(1) 'Pecuniary benefit' means benefit in the form of money, 

property, commercial interests or anything else the primary 

significance of which is economic gain. Expenses associated with 

social occasions afforded public servants shall not be deemed a 

pecuniary benefit. 

(m) 'Person' means any individual, firm, business, corporation, 

association, partnership, union or other legal entity, and where 

appropriate a governmental entity. 

(p) 'Public servant' means: 

(i) Any elected or appointed official of the 

government; 

(ii) Any officer, direct or indirect, commissioner, 

supervisor, chiefhead, agent or employee of the 

Mississippi SIP Revision Ethics, Final 

Adopted September 27,2012 

24 
government or any agency thereof or of any public 

entity created by or under the Jaws of the State of 

Mississippi or created by an agency or 

governmental entity thereof any of which is funded 

by public funds; or 

(iii) Any individual who receives a salary, per diem 

or expenses paid in whole or in part out of funds 

authorized to be expended by the government." 

Code Section 25-4-105(1), (2) and (5) states: 

"(1) No public servant shall use his official position to obtain 

pecuniary benefit for himself other than that compensation 

provided for by law, or to obtain pecuniary benefit for any relative 

or any business with which he is associated. 

(2) No public servant shall be interested, directly or indirectly, 

during the term for which he shall have been chosen, or within one 

(1) year after the expiration of such term, in any contract with the 

state, or any district, county, city or town thereof authorized by any 

law passed or order made by any board of which he may be or may 

have been a member 

(5) No person may intentionally use or disclose information gained 

in the course of or by reason of his official position or employment 

as a public servant in any way that could result in pecuniary 

benefit for himself any relative, or any other person, if the 

information has not been communicated to the public or is not 

public information." 

Pertinent facts and circumstances provided by the requestor, absent 

identifYing data, are set forth as follows and considered part of this opinion. 

The Mississippi Legislature established a seven (7) person State Commission on a 

certain resource industry. The enabling legislation provides that the commission 

shall be composed as follows: 

(i) One (1) member shall be a processor in the resource industry. 

(ii) One ( 1) member shall be a commercial provider in the resource 

industry. 

(iii) One (1) member shall be a recreational provider in the 

resource industry. 

(iv) One (1) member shall be an operator of recreational equipment 

in the resource industry. 

(v) One (1) member shall be a member of an incorporated nonprofit environmental organization. 

Mississippi SIP Revision- Ethics, Final 

Adopted September 27, 2012 

25 
·-

(vi) One (1) member shall be from outside the resource industry. 

(vii) The member of the state commission related to the resource 

industry. 

The enabling legislation provides for the representation of various 

user groups that are financially interested in the collecting and 

regulation of this resource industry. 

Several commissioners have pondered the ethics of commissioners 

voting on regulations that may affect their particular user groups. 

For instance, can the commissioner who is a processor vote on 

issues affecting the commercial collection of the resources? Can he 

do so even when it involves the collection of a particular resource 

that his company processes or restricts the area or manner in which 

his company collects resources? 

Can the commissioner who is our operator of recreational 

equipment vote on matters affecting such operations? Can he vote 

on licencing restrictions or other proposed regulations that may 

affect his industry? 

Can the commissioner who is a commercial provider vote on 

regulations that affect the commercial collection of these 

resources? The current commissioner that is a commercial provider 

holds commercial licenses for two particular resources. A recent 

matter before the state commission would have restricted 

commercial operations in an area where this commissioner 

commercially collects these resources. Was he faced with a 

conflict of interest that should have prevented him from 

participating in the state commission's vote on this matter? Is he 

ethically prohibited from voting on all proposals that would affect 

his ability to collect these two particular resources? 

Several months ago the state commission considered the issuance 

of a permit for a project that was located near the homes of some 

of the commissioners. The commissioners had no financial interest 

in the project but the applicant requested that they not participate 

in the vote on the matter because of the proximity of their 

residences to the proposed project. Is there any ethical restriction 

that would require the commissioners to recuse themselves from 

participating in the permitting decision? 

At what point are these commissioners confronted with a conflict 

of interest? 

The state commission's enabling legislation gives it broad powers and duties 

to adopt, amend and repeal rules and regulations for operation of the commission 

and its related state department, as well as, formulating and implementing the 

Mississippi SIP Revision- Ethics, Final 

Adopted September 27, 2012 

26 
state's policy related to the subject resource industry. Therefore, the state 

commission clearly does not serve in an advisory function but instead carries out 

a policy making function. 

The Commission formally adopts Advisory Opinion No. 92-093-E in 

response to this request and by attachment incorporates it into this opinion. 

The primary consideration when considering a policy making board is 

whether a member(s) voting on any one of the four issues presented above would 

result in an application of the above cited Constitutional Section 109 and Code 

Section 25-4-1 05(2). Neither of these laws apply without an authorization of a 

contract by the member's board. 

Based solely on the facts and circumstances presented by the requestor, the 

Commission finds that a member(s) voting on any one of the four issues presented 

above does not result in an authorization of a contract. 

The requestor is cautioned to advise the state commission members that it is 

foreseeable considering the broad authority given the state commission that an 

issue may at some point come before them that directly or indirectly authorizes a 

governmental contract that a member( s) may have an interest. In such a case, that 

member' s(s') recusal will not prevent a violation of Constitutional Section 109 or 

Code Section 25-4-1 05(2). 

In other words, simply being a commission member constitutes a violation 

regardless of voting or not voting if the interest being voted on is in a contract 

prohibited by Constitutional Section 109. 

Notwithstanding the above, the state commission members because of the 

legally required composition of their commission should be keenly aware of Code 

Section 25-4-105(1) and (5), set forth above. 

The requestor should advise the state commission members to not use their 

official positions to obtain a pecuniary benefit for themselves, their relatives or 

any business with which they are associated in violation of Code Section 25-4-

105(1). 

Public servants must keep the performance of their official duties entirely 

separate and distinct from any private interests. In order for the private interests to 

remain separate and distinct, public servants must recuse themselves from 

discussing or acting on any subject matter in which they have a pecuniary interest. 

A proper recusal occurs when the public servant totally removes himself or 

herself from the pertinent matter by not officially or unofficially taking part or 

action regarding the subject matter and leaves the room or area where such 

discussions, considerations or actions take place. The minutes of the state 

commission should state that the member left the meeting by showing him or her 

absent for that matter. 

Mississippi SIP Revision- Ethics, Final 

Adopted September 27,2012 

27 
A commission member( s) should not vote on or take part in a matter 

concerning regulations or licencing restrictions that would affect the pecuniary 

interest and/or benefit of the commission member, a relative or a business in 

which he or she is associated. 

However, a member voting on regulations and licensing restrictions that are 

general in nature and that, in fact, equally affect, both theoretically and 

practically, everyone within the member's industry or user group would not be 

construed as a use of official position to obtain a pecuniary benefit. 

Code Section 25-4-105(5) prohibits the intentional use or disclosure of nonpublic information gained by reason of one's official position that could result in a 

pecuniary benefit for the public servant, a relative or any other person. Person in 

this instance includes any individual, firm, business, corporation, association, 

partnership, union or other legal entity. 

Mississippi SIP Revision -Ethics, Final 

Adopted September 27, 2012 

Ronald E. Crowe 

Executive Director 

28 
MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY 

OFFICE OF POLLUTION CONTROL 

29 

STATE IMPLEMENTATION PLAN REVISION TO ADD PROVISIONS OF STATE 

LAW AND THE STATE CONSTITUTION TO THE SIP AS IT PERTAINS TO THE 

REQUIREMENTS OF SECTION 110(A)(2)(E)(II) AND SECTION 128(A)(l) & (2) OF 

THE FEDERAL CLEAN AIR ACT. 

APPENDIX A-ll 

STATE CONSTITUTION PROVISIONS AS OF JULY 1, 2011 

Mississippi SIP Revision-~ Ethics, Final 

Adopted September 27,2012 
30 

State Constitution of Mississippi, Section 109: Interest of public officer in contracts. 

No public officer or member of the Legislature shall be interested, directly or indirectly, in any 

contract with the State, or any district, county, city, or town thereof, authorized by any law 

passed or order made by any board of which he may be or may have been a member, during the 

term for which he shall have been chosen, or within one year after the expiration of such term. 

Mississippi SIP Revision Ethics, Final 

Adopted September 27, 2012 
MISSISSIPPI 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

OFFICE OF POLLUTION CONTROL 

TECHNICAL SUPPORT 

DOCUMENT 

ATTENDANT TO THE 

STATE IMPLEMENTATION PLAN (SIP) 

REVISION 

TO ADD PROVISIONS OF STATE LAW AND THE STATE CONSTITUTION TO THE 

SIP AS IT PERTAINS TO THE REQUIREMENTS OF SECTION 110(a)(2)(E)(ii) AND 

SECTION 128(a)(l) & (2) OF THE FEDERAL CLEAN AIR ACT. 

Mississippi SIP Revision- Ethics, Final 

Technical Support Document 

Adopted September 27,2012 

Adopted September 27,2012 
TABLE OF CONTENTS 

Discussion ............................................................................................................. Page 3 

Purpose of the Revision ........................................................................................ Page 3 

Sources Affected by the Revision ......................................................................... Page 3 

Pollutants Involved ............................................................................................... Page 3 

Changes in Allowable Emissions ......................................................................... Page 3 

Location/ Attainment Status .................................................................................. Page 3 

Part D SIP/Attainment Demonstration Impact. .................................................... Page 3 

Air Quality Impacts .............................................................................................. Page 3 

Modeling ............................................................................................................... Page 4 

Compliance Methods to be Employed .................................................................. Page 4 

,- Public Comment Periodw ..... w •• ~ ........................................ u ................................ u ............ Page 4 

Response to Comments on Proposed SIP Revision .............................................. Page 4 

Regulation Changes .............................................................................................. Page 4 

Final Adoption of SIP Revision ............................................................................ Page 4 

ATTACHMENTS 

Proofs ofPublication ................................................................................. Attachment 1 

Notice of Public Comment Period 

Proofs of Publication 

Final Adoption Evidence ........................................................................... Attachment 2 

Commission Meeting Agenda 

Mississippi SIP Revision- Ethics, Final 

Technical Support Document 

Adopted September 27.2012 

2 
3 

DISCUSSION: 

The purpose of this SIP Revision is to address the state SIP infrastructure requirements of 

Section 11 O(a)(2)(E)(ii) and Sections 128(a)(l) & (2) of the Federal Clean Air Act regarding 

ethics requirements of the state environmental control commission and state permit board. 

Provisions of state law as well as provisions of the state constitution are being added to the 

Mississippi SIP 

PURPOSE OF THE REVISION: 

The purpose of this SIP Revision is to address the state SIP infrastructure requirements of 

Section 110(a)(2)(E)(ii) and Sections 128(a)(l) & (2) of the Federal Clean Air Act regarding 

ethics requirements of the state environmental control commission and state permit board. 

Provisions of state law as well as provisions of the state constitution are being added to the 

Mississippi SIP. These provisions are included in Appendix A-10 and A-ll of the SIP 

Revision. 

SOURCES AFFECTED BY THE REVISION: 

This SIP revision potentially affects all sources and practices subject to air pollution control 

regulations in Mississippi. 

POLLUTANTS INVOLVED: 

The pollutants affected by this SIP Revision are all pollutants subject to regulation. 

CHANGES IN ALLOWABLE EMISSIONS: 

This SIP Revision does not include any provisions for emission limitation changes. 

LOCATION/ATTAINMENT STATUS: 

All areas of the state are designated attainment for all NAAQS. The SIP Revision does not 

change any requirements for sources locating in or impacting non-attainment areas. 

PART D SIP/ ATTAINMENT DEMONSTRATION IMP ACT: 

This is not applicable. 

AIR QUALITY IMPACTS: 

This SIP Revision will have no adverse impact on air quality. 

Mississippi SIP Revision- Ethics, Final 

Technical Support Document 

Adopted September 27,2012 
4 

MODELING: 

No modeling is necessary for this SIP Revision. 

COMPLIANCE METHODS TO BE EMPLOYED: 

No compliance methodology is applicable to this SIP Revison. 

PUBLIC HEARING: 

Public participation on the SIP revision was achieved by a public notice announcing a 30-

day public comment period beginning on July 16, 2012, and ending on August 15, 2012. 

The notice for public hearing was published consistent with procedures approved by EPA 

The public notice was published on July 16, 2012, in daily newspapers in the cities of 

Gulfport, Jackson, and Tupelo in the State of Mississippi. The public notice and the 

proposed SIP revision, was 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 also was 

available on the Department's website http://www.deq.state.ms.us 

TSD Attachment 1 contains a copy of the notice of public hearing and copies of proofs of 

publication of the notice of public hearing. 

RESPONSE TO COMMENTS ON PLAN REVISION: 

No comments regarding the SIP Revision were received during the public comment period. 

REGULATION CHANGES: 

No regulation changes are applicable to this SIP Revision. 

FINAL ADOPTION OF PLAN REVISION: 

TSD Attachment 3 contains evidence of final adoption of the SIP revision. 

Mississippi SIP Revision- Ethics, Final 

Technical Support Document 

Adopted September 27,2012 
ATTACHMENT 1 

NOTICE OF PUBLIC COMMENT PERIOD 

PROOFS OF PUBLICATION 

Mississippi SIP Revision Ethics, Final 

Technical Support Document 

Adopted September 27,2012 

5 
Public Notice 

Mississippi Commission on Environmental Quality 

P. 0. Box 2261 

Jackson, MS 39225 

Telephone No. (601) 961-5171 

Public Notice Start Date: July 16, 2012 

Deadline for Comment: August 15, 2012 

MDEQ Contact: Jerry Beasley 

6 

Please take note that the Mississippi Commission on Environmental Quality ("Commission") 

is providing draft information for comment regarding the Mississippi Certification that the 

State Implementation Plan tor the Control of Air Pollution is adequate to comply with the 

requirements of Section 11 0( a )(2)(E)(ii) of the Federal Clean Air Act as it pertains to the 

2006 National Ambient Air Quality Standards for Fine Particulate Matter (PM2.5) as 

promulgated by the U.S. Environmental Protection Agency (EPA). Furthermore, the 

Commission is considering a Revision to the State Implementation Plan for the Control of 

Air Pollution (SIP Revision) to add provisions of state law and the state constitution to the 

SIP as it pertains to the requirements of Section 110(a)(2)(E)(ii) and Section 128(a)(l) & (2) 

of the Federal Clean Air Act. 

Copies of the Draft Certification and Proposed SIP Revision may be obtained by writing or 

calling Joanne Rials at the address and telephone number listed above. The Draft 

Certification and Proposed SIP Revision are also available for public review from Monday, 

July 16, 2012, through Wednesday, August 15,2012, at the main branch of public libraries 

in cities of Gulfport, Jackson, and Tupelo. For those persons with internet access, the Draft 

Certification and Proposed SIP Revision may be found on the Mississippi Department of 

Environmental Quality's website at http://www.deq.state.ms.us by clicking on Programs; Air 

Quality; New Information. 

Persons wishing to comment on the draft certification and proposed SIP Revision are invited 

to submit comments in writing to Jerry Beasley at the Commission's address shown above, 

no later than 5:00p.m. on Wednesday, August 15, 2012. All comments received by this date 

will be considered in preparation of the final submission to EPA. A public hearing may be 

held if the Commission finds a significant degree of public interest in the Draft Certification 

and Proposed SIP Revision. 

Please bring the foregoing to the attention of persons whom you know will be interested. 

Mississippi SIP Revision - Ethics, Final 

Technical Support Document 

Adopted September 27,2012 
PASTI 

C58849 

MS DEP' 

0200410: 

2006 PM 

July 11.2012 

PROOF OF PUBLICA. JN 

THE STATE OF MISSISSIPPI 

HINDS.COUNTY 

PERSONALLY appeared before me, the undersigned notary 

public in and for Hinds County, Mississippi, 

ANN MIDDEKE 

an authorized clerk of THE CLARION-LEDGER, a 

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

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

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

which is hereto attached, appeared in the issues of said 

newspaper as follows: 

7/16/2012 

Size: 390 words I 1.00 col. x 104.00 lines 

Published: 1 time(s) 

Total: $59.70 

Authorized 

Signed 

Clerk 

~Yn~ of 

The Clarion-Ledger 

SWORN to and subscribe;:lljlefore me on 7/16/2012. 

I ·' 

Notary Public /i:.u "1 ~ RICK TYLER 

Notary Public State of Mississippi at Large. Bonded thru 

Notary Public Underwriters 

(SEAL) 

........... . ···of Miss··· .• . ·:c.e. ............. ~~ .... . : 'f" ·!~G~ TY(.~··· -.~·· .·~... ... ·~. ~····tfQ.··. :co.: ·--.,. -:. . * : . .. ! f NOTARY PUBUC : : 

: -: tDNo.ta075 : : 

~ ~ Comm&Mton E•ptns ! ! •• •••• June 21. 2011 .l : 

··· ... :tq~ ......... ~~· ... ... •• •• ""'liN C()\)~_ '·· •• 

············· 
• ... 

PROOF OF PUBLICATION 

STATE OF MISSISSIPPI 

COUNTY OF HARRISON 

Before me, the undersigned Notary of Hamson Coun~ 

Mississippi personally appeared C'I'Ut;Tf\ r/...fJd.>1:.. 

who, being by me first duly sworh, did depose and say that she is c 

clerk of The Sun Herald a newspaper published in the cl~ 

GyJfport , in Harrison County, Mississippi, and the publicatiar 

of the notice, a copy of which is hereto attached, has been made 

in said paper \ tlmes in the fallowing numbers and on thE 

following dates of such paper, vtz: 

Vol. \cif No.,~ dated 1.uL day of ~~ ,20~ 

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

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

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

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

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

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

Affiant further states on oath that said newspaper has been 

established and published continuously in said country for a period 

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

notice. 

Clerk 

Sworn to and subscribed before me this --"'l_.tR""'--_day of 

\ L ..c '0:1 I A.D., 20 t~ 
-

STATE OF MlSSISSIPr~·""'· LEE COUNTY: 

Personally appearec1 before me, ____ ...:D;..:IANNE::;.;;::..=....;P_. P;;..O;;..WEL-:.._L______ Notary PubUc, 

in and for said County and State, ___ .:;H::.. •.:::C=LA:.:Y::....:.F.:::O:.::::S~TE=R:~..:, JR=·..;_' ___ _ Publisher ofa 

newspaper printed and published in the City of Tupelo, Lee County. Mississippi, called The 

Northeast Mississippi Daily Journfi, 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 

I #7Jstol . 

..L. weeks consecutively to·wit: LEGAL NOTICE 

lcl3 q ~ Publk. Notice I n 7 I

I I ol] Mississippi Commission on 

Vol. . No. Date lD 20~ EnvlrDnmentaloualltv P. 0. Sox 221!1 

Jacl<SonhMS 392Z5 

Vol No D t 20 'nil~ one l\lo. ·---· ··--- a e _ (601 961·5171 PubUC NO ce Start Date: 

V'ol .. ___ . No .. ___ Date, _____ 20_ 

Vol. ___ . No. ___ Date _____ 20_ 

Vol.. ___ . No. ___ Date: ____ _ 20_ 

Vol. ~o. ~te· _____ 20 _ 

_ tt) fL¥< 

Witness my hand and seal this J(p day 

of ~ ,20/d.. 

~.)?P'{J~ •u C ·•••••••• 

• y om mission expires _ ____.~··'iie.,.f:..M~IS::;.s!"h;·~· ..,._ __ .·x~>i·~~y ,;aift~~) .. :i..."';·~o "o·.~··. •fl.l• 10 # 63201 ...... 

~ D~ANNE P. POWE~L~ , .. . . ••• ·\ Co1111111111on Expires/ !;, 

"•. •• •• Juna17, 2013,.·· _.· o I '• •:."" o ··~I';;········!\.·, •• 

• •• ..- COU":•" 

·•·····•· 

PRINTERS FEES 

July 16, zo~tEQ Contact: 

Jerry Beasley 

Deadline for Comment: 

Au~S\f: note that 

the Mississippi Commls· 

slon on Environmental 

qualitv ("Commission") Is 

proll!dlng draft Information for 

n Pan r tl'le Control Air Pollution · is adequate to co with 

the require Sec· 

tlon 110(1)( thlte 

Federal Clea as pertains to the 2006 

National Ambient All' Qual• 

lty StandandS for Fine Par· 

ttCulate Matter {PM2.51 as promulgated by the O.s. 

Environmental Protection 

Agency (EPA). FUrtl'ler- more the commiSSion 111 const&erlng a Revlston tD the State Jmplementatlon 

Plan for the Control of Air 

Pollution (SIP RaVIIIIOn} to add proviSions of state 1.w and the state constitution to the SIP as It pertalnl to the requt~ments of See-

~:i~fJmtt?~h~n:, the Feden~l tiQin Air Ar:.t. 

CooleS of the Orllft Cer· 

tJncatlon and Proposed SIP Revision may Y,1

• obtained by writing or ..... • ln!l loaDne Jtlal5 at tl'le 

address and telephone 

~ 

number listed abOVe. Tlle -ewtdiiCiltlen .,..__ Proposed SIP Revilllln are also available for publiC n~vlew from Monday, JulY 

16, 2012, through Wednesday, August 15, 

2D12 i1lt tne marn branch 

of pUbliC llbtariiiS In cltles 

of Gulfport, ladCSDn, and 

1Upelo. For those ~ns 

with 1nt:eme1: access, the 

Draft Certification and Pro~ed SIP Revision 

may be found !R'rthe 1'11s· 

siJsippl Department of 

Environmental Quality's 

webSite at b~o~· IJal'll. dell ~.ua dlcl(· rngQl(PfiXJfim&; r Qual· 

ltY' New tnrormauon. foeiSOns wlshlng to com· ment on the dnllt certlfl• 

calion and proposed SIP 

Revision ere Invited to 

submit c:ommentl In writ· ~attne 

tha Wlldnuday ~~~fit 1 _ August 15, 

2012. All c;omments 

recalvecl by thiS date wiP 

be considered In prepara· tton of the final submls· 

s1or1 to EPA. A P.\lbllc nurl!\11 may be held If tl'le eornmrss10n finds e sl!lnlf· 

lcilnt degree of public 

Interest In the Dralt_?Slrt!P· 

ftcatlon and PrDPDSTo35~ 

~::l; brl!\11 the forego· 

lng to the attention of par- I ') ~':'~~T.J~u know wm }1.:2 O {') words a,t ... _..a_.t;b~.___centl per word ___ July 16, 2012._. _ .... _.1•-~AII!.:L:..:·.=-:IJ~-

To Proof ofPubUeation, ______________ -__ -_-_· _··_·-_· J.___.:u~o::..::O_ 

TotaL__ 1 49. IJi 
ATTACHMENT 2 

EVIDENCE OF ADOPTION OF SIP REVISION 

Mississippi SIP Revision- Ethics, Final 

Technical Support Document 

Adopted September 27,2012 

7 
MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

Thursday, September 27,2012 

9:00A.M. 

1. Call to Order - Chair 

Room 104A 

515 East Amite Street 

Jackson, Mississippi 39201 

AGENDA 

2. Election of Officers for Fiscal Year 2013 (July 2012- June 2013) 

3. Approval of Minutes of June 28, 2012 Meeting 

4. Adoption of a Revision to the State Implementation Plan for the Control of 

Air Pollution (SIP Revision) 

The SIP revision involves adding ethics provisions of state law and the state 

constitution into the Mississippi SIP as the provisions pertain to the requirements 

of Section 110(a)(2)(E)(ii) and Section 128(a)(l) & (2) of the Federal Clean Air 

Act. A 30-day public comment period was held. The staff recommends that the 

Commission adopt the proposed SIP Revision. 

5. Commission Approval of Brownfield Consulting Firms 

The staff has reviewed applications from consulting firms requesting to be listed 

as a Brownfield Consulting Firm and has determined them to be complete and 

acceptable. Therefore, the staff recommends that the Commission approve the 

following firms as Brownfield Consulting Firms: 

FTN Associates, LTD 

3 Innwood Circle, Suite 220 

Little Rock, AR 72211 

Lybrand Consulting, LLC 

P. 0. Box 571 

Hot Springs, AR 71902 

Environmental Compliance Services, Inc. 

P.O. Box 356 

Sherman, MS 38869 

6. Commission Approval of Brownfield Agreement 

The staff recommends that the Commission approve the Brownfield Agreement 

between the Commission, The Colle Company, Inc. and the State of Mississippi 

through the Office of the Secretary of State regarding the remediation of 

brownfield property located at 3802 Port River Road in Pascagoula, Mississippi. 

The site is hereafter referred to as the former "Colle Towing Company ,...... . ..~.. -~ . """""" . 
7. Commission Approval of Brownfield Agreement 

The staff recommends that the Commission approve the Brownfield Agreement 

between the Commission and the City of Ridgeland regarding the remediation of 

brownfield property located at the former Madison Materials and Jackson Ready 

Mix Sites in Ridgeland, Mississippi. The site is hereafter referred to as the "City 

Center Brownfield Agreement Site." The City has agreed to remove and dispose 

of an Underground Storage Tank (UST) and associated piping in accordance with 

the MDEQ-Approved Corrective Action Plan dated June 19, 2012. The staffhas 

evaluated the Brownfield Agreement and believes that, with the conditions and 

restrictions contained within the Brownfield Agreement, the Site will be in 

compliance with all applicable State and Federal laws and standards and will be 

protective of the public health and the environment. 

8. Commission Approval of Brownfield Completion 

On 10/28/2010, the Commission reached a Brownfield Agreement (#5849-10) 

with Whirlpool Corporation for the remediation of the Whirlpool facility in 

Oxford, Mississippi. On August 17, 2012, and in accordance with Section 702 of 

the MDEQ Final Brownfield Regulations Subpart I, dated February 28, 2002, 

Whirlpool Corporation sent a petition to the Commission to make a determination 

as to the completion of Brownfield Agreement and as to the issuance of a "no 

further action" letter by the Executive Director. The staff has reviewed the 

petition, has conducted the required inspection of the Brownfield Agreement Site, 

and hereby recommends that the Commission issue an order in accordance with 

the Brownfield Regulations concluding that Whirlpool Corporation has completed 

Brownfield Agreement #5849-1 0. 

9. Water Pollution Control (Clean Water) Revolving Fund Loan Program, 

Adoption ofFY-2012 Intended Use Plan Amendment No.1 

The staff will recommend adoption by the Commission of the FY-2012 Intended 

Use Plan Amendment No. 1. This Intended Use Plan amendment includes the 

following changes: 1) Addition of new projects to the FY-2013 and After 

Planning List for possible funding during FY -2012; 2) Incorporation of the actual 

Title VI capitalization grant allotment; and 3) Adjustments to the available state 

match amounts and the capitalization grant payment schedule to account for 

interest accrued on state match deposits, and for the lack of passage of this year's 

state match bond request during the FY-2012 Regular Legislative Session. Public 

comments on the draft Intended Use Plan amendment have been solicited through 

a public comment period and a public hearing. 

10. Appointment of Hearing Officer 

Miss. Code Ann. Section 49-17-33 allows the Commission to appoint a hearing 

officer to conduct evidentiary hearings on behalf of the Commission. Staff will 

recommend that Chuck Rubisoff, Special Assistant Attorney General, be 

appointed to hear administrative and compliance enforcement matters for the next 

twelve months in matters that the Executive Director may deem appropriate for a 

hearing officer to conduct. The hearing officer will be authorized to conduct such 

hearings on behalf of the Commission. The hearing officer would then make a ,;o _.. ... ~ - ... ... • • • .. 
13. Underground Storage Tanks (UST) Certifications 

We have issued 5 certifications to those who install, alter, or remove underground 

storage tanks since the last report. This list will be available at the Commission 

meeting. 

14. Emergency Clean-Up Expenses 

We have 12 emergency expenditures since the last report. See Attachment 1 at 

the end of this agenda. 

15. Administrative Orders 

We have issued 44 administrative orders since the last report and they should be 

added to the minutes. The staff will highlight any orders that we think are 

especially noteworthy. See Attachment 2 at the end of this agenda. 

16. Other Business 

17. Report by Executive Director 

18. Confirmation of Meeting on Thursday, October 25, 2012 

19. Set Dates for November and December 2012 Meetings 

20. Adjournment