STATE OF MISSISSIPPI PHIL BRYANT

GoVERNOR 

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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 ofthe Mississippi State Implementation Plan (SIP Revision). We are transmitting, under separate cover, additional copies to R. Scott Davis ofyour agency. On September 27, 2012, the Mississippi Commission on Environmental Quality adopted a SIP Revision to add certainprovisions ofstate law andthe state constitutionto the SIP as theprovisions pertain to the requirements ofSection 11O(a)(2)(E)(ii) and Section 128(a)(l) & 

### (2) ofthe Federal Clean Air Act. We certifythat a publiccommentperiod was held to receive comments regarding the SIP Revision. No comments were received concerning the SIP Revision during the public comment period. We feel thatthis SIP revision submittal is complete. Therefore, we are requesting EPA approval of the additions into the federally approved Mississippi State Implementation Plan. Ifyou have any questions or need further information, please contactme or Maya Rao ofmy staffat (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 ofthe Mississippi State Implementation Plan (SIP Revision). We are transmitting, under separate cover, additional copies toR. Scott Davis ofyour agency. On September 27, 2012, the Mississippi Commission on Environmental Quality adopted a SIP Revisionto add certainprovisions ofstate law andthe state constitutiontothe SIP as theprovisions pertain to the requirements ofSection 110(a)(2)(E)(ii) and Section 128(a)(l) 

### & (2) ofthe Federal Clean Air Act. We certifythat a public commentperiod washeld to receive commentsregarding the SIP Revision. No comments were received concerning the SIP Revision during the public commentperiod. We feel thatthis SIP revision submittal is complete. Therefore, we are requestingEPA approval of the additions into the federally approved Mississippi State Implementation Plan. Ifyouhave any questions orneedfurther information, please contactme orMayaRao ofmy staffat (601) 961-5242.

TDF/cjs enclosures cc: Ms. Beverly Banister, EPA Region IV I 

### Tru,:W D. Fisher Exebutive Director

OFFICE OFPOLLUTION 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 September27, 20122
TABLE OF CONTENTS

1.53 Introduction: StateImplementationPlan(SIP) RevisionRegarding_ to addprovisions ofstate law and the state constitutionto the SIP as itpertains to the requirements of Section 110(a)(2)(E)(ii) and Section 128(a)(l) & (2) ofthe Federal Clean Air Act. 1.54 Notification ofPublic 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 ofthe SIP Revision

14.3.21 Economic Effects ofthe SIP Revision

14.5.21 Social Effects ofthe SIP Revision

14.6.21 Air Quality Effects ofthe SIP Revision Appendix A-10 State Ethics Law as ofJuly 1, 2011 and Mississippi Ethics Commission Advisory OpinionNo. 95-042-E, May 5, 1995 Appendix A-ll State Constitution Provisions as ofJuly 1, 2011

Mississippi SIP Revision Ethics, Final Adopted September 27, 20 12

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### 1.53 Introduction: State Implementation Plan (SIP) Revision to add provisions ofstate law and the state constitutionto the SIP as itpertains to the requirements ofSection 110(a)(2)(E)(ii) and Section 128(a)(l) & 

### (2) ofthe Federal Clean Air Act. The purpose ofthis SIP Revision is to address the state SIP infrastructure requirements of Section 110(a)(2)(E)(ii) and Sections 128(a)(l) & 

### (2) oftheFederal CleanAirActregarding ethics requirements ofthe state environmental control commission and state permitboard. Provisions ofstate law as well as provisions ofthe state constitution are being added to the Mississippi SIP. These provisions are included in Appendix A-10 and A-ll ofthis SIP Revision.

Mississippi SIP Revision Ethics, Final Adopted September 27,2012

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1.54 Notification ofPublic 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 ofthe 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 27,2012Public 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 ImplementationPlanforthe Control ofAirPollutionis adequate to complywiththerequirements of Section 110(a)(2)(E)(ii) oftheFederal CleanAirActas itpertainsto the 2006NationalAmbientAir Quality Standards for Fine Particulate Matter (PM2.5) as promulgatedby the U.S. Environmental Protection Agency (EPA). Furthermore, the Commission is considering a Revision to the State ImplementationPlan for the Control ofAirPollution (SIP Revision) to addprovisions ofstate law andthe state constitutionto the SIP as itpertainsto the requirements ofSection 110(a)(2)(E)(ii) and Section 128(a)(l) & (2) ofthe Federal Clean Air Act. Copies ofthe Draft Certification and Proposed SIP Revisionmaybe obtainedby writing orcalling Joanne Rials atthe address andtelephonenumberlistedabove. The DraftCertification andProposed SIP Revisionare also availableforpublic review from Monday, July 16,2012,throughWednesday,

- August 15,2012, at the main branch ofpublic libraries in cities ofGulfport, Jackson, andTupelo. 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 ifthe Commissionfinds a significantdegree ofpublic interestintheDraftCertification andProposed SIP Revision. Please bring the foregoing to the attention ofpersons whomyou know will be interested.

Mississippi SIP Revision Ethics, Final Adopted September 27, 20126
3.24 Legal Authority for the SIP Revision Nolegislative actions areneededconcerningthis SIPrevision. The State ofMississippiAir & Water Pollution Control Law, Section 49-17-1 to 49-17-43, Mississippi Code of 1972, gives the CommissiononEnvironmental Qualitythe necessary legal authorityto adopt and implementthis SIP revision. The State act (as ofJuly 1, 2011) Mississippi CodeAnnotated, Section49-17-13(3)designates theCommissionas the State airpollutioncontrol agencyfor all purposes ofthe federal pollution control legislation and programs and take all actions necessary thereto. The state air pollution control law as ofJuly 1, 2011, is included in Appendix A-9 ofthe 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 

### 814.1.21 Health Effects ofthe SIP Revision No adverse health effects are expected to be causedby this SIP revision.

Mississippi SIP Revision- Ethics, Final Adopted September 27,2012 914.3.21 Economics Effects ofthe 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 ofthe SIP Revision No adverse social effects are foreseen as a result ofthis SIP revision.

lvtississippi SIP Revision- Ethics, Final Adopted September 27, 2012 1114.6.21 Air Quality Effects ofthe 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 

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- MISSISSIPPI CODE of1972 ***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 ofeconomic interest 14

Each ofthe following individuals shall file a statement ofeconomic interest with the commission in accordance with the provisions ofthis chapter: (a) Persons elected by popular vote, excluding United States Senators and United States Representatives, to any office, whether itbe legislative, executive orjudicial, and whether it be statewide, district, county, municipal or any other political subdivision, with the exception of members ofboards oflevee commissioners and election commissioners; (b) Members oflocal school boards that administer public funds, regardless ofwhether 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, ifelected, would be required to file under paragraph (a) ofthis section; (d) Executive directors or heads ofstate agencies, by whatever name they are designated, who are paid in part orin whole, directly or indirectly, from funds appropriated or authorized to be expendedbythe Legislature, and the presidents and trustees ofall state-supported colleges, universities andjunior colleges; (e) Members ofany state board, commission or agency, including the Mississippi Ethics Commission, charged with the administration or expenditure ofpublic funds, with the exception ofadvisory boards or commissions; provided, however, in order to fulfill the legislative purposes ofthis chapter, the commission may require, upon a majority vote, the filing ofa statement of economic interest by members ofan advisory board or commission; (f) Executive directors, heads, ormembers ofany board, committee, commission or council of any ofthe 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 pursuantto 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 establishedpursuant 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, effAugust 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 ofthis section.) 

### §**25~4-27.** 

### Contents ofstatement ofeconomic interest Each person specified under Section 25-4-25 shall file a statement in accordance with the provisions ofthis chapter in the manner and format prescribed by the commission which shall be certified as to the accuracy and completeness ofthe information set forth to the bestknowledge ofthe person submitting the statement. The commission shall develop a system ofelectronic filing for use bypersons required to file a statement ofeconomic interest. The commission shall implement the electronic filing system on orbefore 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 ofthe filer;

(b) The title, position and offices whereby the person is required to file; (c) All other occupations ofthe filer and his household members; (d) The names and addresses ofall businesses in which the filer or a household memberheld a position, and the name ofthe position, ifthe 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 ofthe fair market value in the business; (iii) Owns an ownership interest in the business, the fair market value ofwhich exceeds Five Thousand Dollars($ 5,000.00); or (iv) Is an employee, director or officer ofthe business; Mississippi SIP**Revision~·** Ethics, Final Adopted September 27,201216

(e) Any representation or intervention for compensation by a person specified under Section 25- 4-25(a) and (d) for any person orbusiness before any authority ofstate or local government, excluding the courts; provided, however, that this provision shall not apply where the representation involves only uncontested orroutine matters. The statement shall identify the personrepresented and the nature ofthe business involved; and (f) The filing party shall list all public bodies from which he or a household memberreceived compensation in excess ofOne 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, effAugust 5, 2008 (the date the United States Attorney General interposed no objectionunder Section 5 ofthe Voting Rights Act of 1965, to the amendment ofthis 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) ofSection 25-4- 25 to file a statement ofeconomic interest shall file such statement with the commission on or before May 1 ofeach year that such official holds office, regardless ofduration; (b) Candidates for office required to file a statement hereunder shall file such statement within fifteen ( 15) days afterthe deadline for qualification for that public office; (c) Persons who are requiredto file a statementbecause ofappointment to fill a vacancy in an office orrequired to file under Section 25-4-25(d) and (e) shall file such statement withinthirty (30) days oftheir appointment; (d) No personby reason ofsuccessful candidacy or assuming additional offices shall be required to file more than one (1) statement ofeconomic interest in any calendar year, except such official shall notify the commission as soon as practicable ofadditional offices notpreviously 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 outunderparagraph (a), (b), (c) or (d) above would work an unreasonable hardship. (2) Any person who fails to file a statement ofeconomic interest within thirty (30) days ofthe date the statement is due shall be deemed delinquent by the commission. The commission shall give written notice ofthe delinquency to the personby United States mail or bypersonal service ofprocess. Ifwithin fifteen (15) days ofreceiving written notice ofdelinquency the delinquent filer has not filed the statement.ofeconomic interest, a fine ofFifty Dollars ($ 50.00) per day, not to exceed a total fine ofOne Thousand Dollars($ 1,000.00), shall be assessed against the delinquent filer for each day thereafter in which the statement ofeconomic interest is not Mississippi SIP Revision- Ethics, Final Adopted September 27,201217 properly filed. The commission shall enroll such assessment as a civiljudgmentwith the circuit clerk in the delinquent filer's county ofresidence. The commission may enforce thejudgmentfor the benefit ofthe State General Fund for the support ofthe Mississippi Adequate Education Program in the same manner as is prescribed for other civiljudgments. 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 ofthe Voting Rights Act of 1965, to the amendment ofthis section); Laws, 2011, ch. 488, § 1, efffrom and afterJuly 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 ofpublic 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 ofthe employment orposition, is a violation ofthat trust. Therefore, public servants shall endeavor to pursue a course ofconduct which will not raise suspicion among the public that they are likely to be engaged in acts that are in violation ofthis 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 componentunit ofa 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 orconsent ofthe 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 orundertaking organized for economic gain, a nonprofit corporation orother such entity, association or organization receiving public funds. (d) "Business with which he is associated" means any business ofwhich a public servant orhis relative is an officer, director, owner, partner, employee or is a holder ofmore than ten percent (10%) ofthe fair market value or from which he orhis 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 orhis relative exercises control. 18



### (e) "Compensation" means money or thing ofvalue 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 behalfofthe government which involves the payment ofpublic 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 ofthe state, counties ormunicipalities 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 ofthe sovereign power ofthe state. (i) "Income" means money or thing ofvalue received, or to be received, from any source derived, including, but not limited to, any salary, wage, advance, payment, dividend, interest, rent, forgiveness ofdebt, 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 ofthe research effort ofan employee or employees ofan institution ofhigher learning ofthe State ofMississippi. (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 abusiness with which a public servant may be associated: (i) Ownership ofany interest ofless than ten percent (1 

### 0%) in a business Mississippi SIP Revision- Ethics, Final Adopted September 27, 2012

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### where the aggregate annual net income to the public servant therefrom is less than One Thousand Dollars ($ 

### 1,000.00); (ii) Ownership ofany 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 ofa relative ifneither the public servant or relative is an officer, director orpartner inthe business and any ownership interest would not be deemed material pursuant to subparagraph (i) or (ii) herein; or (iv) The income ofthe spouse ofa 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 contractbetween the spouse and such governmental entity. (1) 

### "Pecuniary benefit" means benefit in the form ofmoney, property, commercial interests or anything else the primary significance ofwhich 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 ofthe government; (ii) Any officer, director, commissioner, supervisor, chief, head, agent or employee ofthe government or any agency thereof, or ofany public entity created by or under the laws ofthe State ofMississippi or created by an agency or governmental entity thereof, any ofwhich is funded by public funds or which expends, authorizes orrecommends the use ofpublic funds; or (iii) Any individual who receives a salary, per diem or expenses paid in whole or in part out offunds authorized to be expended by the government. (q) "Relative" means: (i) The spouse ofthe public servant; (ii) The child ofthe public servant;
.Mississippi SIP Revision- Ethics, Final Adopted September 27,2012

# - 20 (iii) The parent ofthe public servant; (iv) The sibling ofthe public servant; and (v) The spouse ofany ofthe relatives ofthe public servant specified in subparagraphs (ii) through (iv). (r)"Securities" means stocks, bonds, notes, convertible debentures, warrants, evidences of debts orproperty 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, effAugust 5, 2008 (the date the United States Attorney General interposed no objection under Section 5 ofthe Voting Rights Act of 1965, to the amendment ofthis section.) 

### § 25-4-105. Certain actions, activities and business relationships prohibited or authorized; contracts in violation ofsection voidable; penalties (1) No public servant shall use his official position to obtain, or attempt to obtain, pecuniary benefit for himselfotherthan 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 ofsuch term, in any contract with the state, or any district, county, city ortown thereof, authorized by any law passed or order made by any board ofwhich he may be ormay 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 anybusiness which is a contractor, subcontractor or vendor with the governmental entity ofwhich he is a member, officer, employee or agent (b) Be a purchaser, direct orindirect, at any sale made by him inhis official capacity orby the governmental entity ofwhich he is an officer or employee, except in respect ofthe sale ofgoods 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, ofany claim, certificate, warrant or other security issuedby orto be paid out ofthe treasury ofthe governmental entity ofwhich he is an officer or employee. (d) Perform any service for any compensation during his term ofoffice or employment by which he attempts to influence a decision ofthe authority ofthe governmental entity ofwhich 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 ofhis office or employment in relation to any case, decision, proceeding or application with respect to which he was directly concerned orin which he personally participated during the period ofhis service or employment. (4) Notwithstanding the provisions ofsubsection (3) ofthis section, a public servant orhis relative: (a) May be an officer or stockholder ofbanks or savings and loan associations or other such financial institutions bidding for bonds, notes or other evidences of debt or for the privilege ofkeeping as depositories the public funds ofa governmental entity thereoforthe editor oremployee ofany newspaper in which legal notices are required to be published in respect to the publication ofsaid legal notices. (b) Maybe a contractor or vendor with any authority ofthe governmental entity otherthan the authority ofthe governmental entity ofwhich he is a member, officer, employee or agent orhave a material financial interest in a business which is a contractor orvendor with any authority ofthe governmental entity other than the authority ofthe governmental entity ofwhich he is a member, officer, employee or agent where such contract is letto the lowest and best bidder after competitive bidding and three (3) ormore legitimate bids are received or where the goods, services orproperty involved are reasonably available from two (2) or fewer commercial sources, provided such transactions comply with the public purchases laws. (c) Maybe a subcontractor with any authority ofthe governmental entity otherthan the authority ofthe governmental entity ofwhichhe is a member, officer, employee or agent or have a material fmancial interest in a business which is a subcontractor with any authority ofthe governmental entity otherthan the authority ofthe governmental entity ofwhichhe is a member, officer, employee or agent where the primary contract is let to the lowest andbest bidder after competitive bidding orwhere 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 orvendor with any authority ofthe governmental entity ofwhich 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 ofthe governmental entity ofwhich 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 ofan intellectual property created by the public servant.
Mississippi SIP Revision Ethics, Final Adopted September 27,201222 (e) Maypurchase securities issued by the governmental entity ofwhich he is an officer or employee ifsuch securities are offered to the general public and are purchased at the same price as such securities are offered to the general public. (f) Mayhave 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 loanprogram, for the purpose ofsecuring a loan; however, public servants shall not receive favored treatment. (h) May be employedby or receive compensation from an authority ofthe governmental entity other than the authority ofthe governmental entity ofwhich the public servant is an officer or employee. (i) Ifa member ofthe Legislature or other public servant employed on less than a full-time basis, may represent a person or organization for compensation before an authority ofthe governmental entity other than an authority ofthe governmental entity ofwhich he is an officer or employee. (j) 

### Ifa constable, maybe employed and receive compensation as a deputy sheriffor other employee ofthe county for which he serves as constable. (5) No person may intentionally use or disclose information gained in the course ofor by reason ofhis official position or employment as a public servant in any way that couldresult inpecuniarybenefit for himself, any relative, or any other person, ifthe information has notbeen communicated to the public oris not public information. (6) Any contract made in violation ofthis section maybe declared void by the governing body ofthe contracting or selling authority ofthe governmental subdivision or a court ofcompetentjurisdiction and the contractor or subcontractor shall retain or receive only the reasonable value, with no increment for profit or commission, ofthe property orthe services furnished priorto the date ofreceiving notice that the contract has been voided. (7) Any person violating the provisions ofthis 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, effAugust 5, 2008 (the date the United States Attorney General interposed no objection under Section 5 ofthe Voting Rights Act of 1965, to the amendment ofthis 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 onthe facts and circumstances as stated below and was approved by the Commission on May 5, 1995. Are the Mississippi Ethics in Government laws violated ifcertain member(s) ofa state commissionthat is required by state laws to be composed in part by representatives ofthe industries or other interest groups the state commission regulates should: Issue 1. vote onregulations before the state commissionthat generally affect their particular industry oruser group; Issue 2. vote onregulations before the state commission that specifically affect orrestrict their personal company orbusiness; 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 thejurisdiction ofthe Commission and internal rules and regulations ofthe state governmental entity are not addressed by this opinion. The pertinent conflict ofinterest laws to be considered here are: Constitutional Section 109 states:

"No public officer ormember ofthe legislature shall be interested, directly or indirectly, in any contractwith the state, or any district, county, city, or town thereofauthorized by any law passed or order made by any board ofwhich he may be or may have been a member, during the term for which he shall havebeen chosen, or within one year after the expiration ofsuch 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 ofmore 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 onbehalfofthe government which involves the payment ofpublic 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 ofthe 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 ofthe sovereign power ofthe state. 

### (1) 'Pecuniary benefit' means benefit 

### in the form ofmoney, property, commercial interests or anything else the primary significance ofwhich 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 ofthe government; (ii) Any officer, direct or indirect, commissioner, supervisor, chiefhead, agent or employee ofthe Mississippi SIP Revision Ethics, Final Adopted September 27,2012 

### 24

### government or any agency thereofor ofany public entity created by or underthe Jaws ofthe State of Mississippi or createdby an agency or governmental entity thereofany ofwhich is funded by public funds; or (iii) Any individual who receives a salary, per diem or expenses paid in whole orin part out offunds 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 himselfother than that compensation provided for by law, or to obtain pecuniarybenefit 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, orwithin one 

### (1) year after the expiration ofsuch term, in any contract with the state, or any district, county, city or town thereofauthorized by any law passed or order made by any board ofwhich he may be ormay have been a member (5) No person may intentionally use or disclose information gained in the course oforbyreason ofhis official position or employment as a public servant in any way that could result inpecuniary benefit for himselfany relative, or any other person, ifthe information has notbeen 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 ofthis opinion. The Mississippi Legislature established a seven (7) person State Commission on a certain resource industry. The enabling legislation provides thatthe 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 ofrecreational equipment in the resource industry. (v) One (1) member shall be a member ofan 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 ofthe state commissionrelated to the resource industry. The enabling legislation provides for the representation ofvarious user groups that are financially interested inthe collecting and regulation ofthis resource industry. Several commissioners have pondered the ethics ofcommissioners voting on regulations that may affect theirparticularuser groups. For instance, can the commissioner who is a processor vote on issues affecting the commercial collection ofthe resources? Can he do so even when it involves the collection ofa particular resource that his company processes orrestricts the area or manner in which his company collects resources? Can the commissioner who is our operator ofrecreational equipment vote onmatters affecting such operations? Can he vote on licencing restrictions or otherproposed regulations that may affect his industry? Canthe commissioner who is a commercial provider vote on regulations that affect the commercial collection ofthese resources? The current commissioner that is a commercial provider holds commercial licenses for two particular resources. A recent matterbefore the state commission would have restricted commercial operations in an area where this commissioner commercially collects these resources. Was he faced with a conflict ofinterest that should have prevented him from participating in the state commission's vote on this matter? Is he ethicallyprohibited 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 ofa permit for a project that was located near the homes ofsome ofthe commissioners. The commissioners had no financial interest in the projectbut the applicant requested thatthey not participate in the vote on the matterbecause ofthe proximity oftheir residences to the proposedproject. 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 ofinterest? The state commission's enabling legislation gives itbroad powers and duties to adopt, amend and repeal rules andregulations for operation ofthe commission and its related state department, as well as, formulating and implementing the Mississippi SIP Revision- Ethics, Final Adopted September 27, 2012

..**-~----·---·-·-·-·--** ..**-~** ,,,. .;.. 26state'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 OpinionNo. 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 ofthe four issues presented above would result in an application ofthe above cited Constitutional Section 109 and Code Section 25-4-105(2). Neither ofthese laws apply without an authorization ofa 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 ofthe four issues presented above does not result in an authorization ofa 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 ofConstitutional Section 109 or Code Section 25-4-105(2). In other words, simply being a commission member constitutes a violation regardless ofvoting ornot voting ifthe interest being voted on is in a contract prohibited by Constitutional Section 109. Notwithstanding the above, the state commission members because ofthe legally required composition oftheir commission should be keenly aware ofCode 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 ofCode Section 25-4- 105(1). Public servants must keep the performance oftheir 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 himselfor herselffrom the pertinent matter by not officially orunofficially taking part or action regarding the subject matter and leaves the room or area where such discussions, considerations or actions take place. The minutes ofthe 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 ofthe 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 oruser group would notbe construed as a use ofofficial position to obtain a pecuniary benefit. Code Section 25-4-105(5) prohibits the intentional use ordisclosure ofnonpublic information gained by reason ofone's official position that could result in a pecuniary benefit for the public servant, a relative or any otherperson. 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 TOADD 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 AIRACT.

APPENDIX A-ll
STATE CONSTITUTION PROVISIONS AS OF JULY 1, 2011

Mississippi SIP**Revision-~** Ethics, Final Adopted September 27,201230


### State Constitution ofMississippi, Section 109: Interest ofpublic officer in contracts. No public officer ormember ofthe Legislature shall be interested, directly or indirectly, in any contract with the State, or any district, county, city, ortown thereof, authorized by any law passed or order made by any board ofwhich 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 ofsuch 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 AIRACT.

Mississippi SIP Revision- Ethics, Final Technical Support Document Adopted September 27,2012 

### Adopted September 27,2012

### TABLE OF CONTENTS Discussion

.............................................................................................................Page 3 Purpose ofthe Revision

........................................................................................Page 3 Sources Affectedby 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 ofSIP Revision

............................................................................Page 4

ATTACHMENTS Proofs ofPublication

.................................................................................Attachment 1

Notice ofPublic Comment Period Proofs ofPublication 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 ofthis SIP Revision is to address the state SIP infrastructure requirements of Section 11O(a)(2)(E)(ii) and Sections 128(a)(l) & 

### (2) ofthe Federal CleanAirActregarding ethics requirements ofthe state environmental control commission and state permit board. Provisions ofstate law as well as provisions ofthe state constitution are being added to the Mississippi SIP PURPOSE OF THE REVISION: 

### The purpose ofthis 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 CleanAirActregarding ethics requirements ofthe state environmental control commission and state permit board. Provisions ofstate law as well as provisions ofthe 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 andpractices subjectto airpollutioncontrol 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 notinclude any provisions for emission limitation changes. LOCATION/ATTAINMENT STATUS: 

### All areas ofthe 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 IMPACT: 

### 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 ofthe 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 ofthe notice ofpublic hearing and copies ofproofs of publication ofthe notice ofpublic hearing. RESPONSE TO COMMENTS ON PLAN REVISION: 

### No comments regarding the SIP Revision were receivedduring the public commentperiod. REGULATION CHANGES: 

### No regulation changes are applicable to this SIP Revision. FINAL ADOPTION OF PLAN REVISION: 

### TSD Attachment 3 contains evidence offinal adoption ofthe SIP revision.

Mississippi SIP Revision- Ethics, Final Technical Support Document Adopted September 27,2012ATTACHMENT 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 notethatthe Mississippi CommissiononEnvironmental Quality ("Commission") is providing draft information for commentregarding the Mississippi Certificationthat the State Implementation Plan tor the Control ofAir Pollution is adequate to comply with the requirements ofSection 110(a)(2)(E)(ii) ofthe 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 AirPollution (SIP Revision) to add provisions ofstate law and the state constitutionto the SIP as itpertainsto the requirements ofSection 110(a)(2)(E)(ii) andSection 128(a)(l) & 

### (2) ofthe Federal Clean Air Act. Copies ofthe DraftCertification and Proposed SIP Revision maybe obtainedby writing or calling Joanne Rials at the address and telephone number listed above. The Draft Certification andProposed SIP Revision are also available for publicreview from Monday, July 16, 2012, through Wednesday, August 15,2012, at the mainbranch ofpublic libraries in cities ofGulfport, Jackson, and Tupelo. Forthose persons with internet access, the Draft Certification and Proposed SIP Revision may be found on the Mississippi Department of Environmental Quality'swebsite athttp://www.deq.state.ms.us byclickingonPrograms; Air Quality; New Information. Persons wishingto commentonthe draft certification andproposed SIP Revision are invited to submit comments in writing to Jerry Beasley atthe Commission's address shown above, no laterthan 5:00p.m. onWednesday, August 15, 2012. All commentsreceivedbythis date will be considered in preparation ofthe final submission to EPA. A public hearing maybe heldifthe Commissionfinds a significantdegree ofpublic interestinthe DraftCertification and Proposed SIP Revision. Please bring the foregoing to the attention ofpersons whom you know will be interested.

Mississippi SIP Revision

- Ethics, Final Technical Support Document Adopted September 27,2012

## PASTI
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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, ofthe Mississippi Code of 1972, as amended, who, being duly sworn, states that the notice, atrue 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 Signed

# ~Yn~ Authorized Clerk of The Clarion-Ledger SWORN to and subscribe;:lljlefore me on 7/16/2012. I ·' Notary Public 

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# "1**~** RICK TYLER Notary Public State of Mississippi at Large. Bonded thru Notary Public Underwriters (SEAL)



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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 state1.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 mayY,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. Forthose**~ns** with 1nt:eme1: access, the Draft Certification and**Pro~ed** SIP Revision may be found !R'rthe1'11s· siJsippl Department of Environmental Quality's webSite at**b~o~·**IJal'll. dell**~.ua** dlcl(· rngQl(PfiXJfim&; r Qual· ltY' New tnrormauon.

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# ~~~fit Wlldnuday 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 PrDPDS# To35~**~::l;** brl!\11 the forego· lngto the attention of par- 

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# 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 ofOfficers for Fiscal Year 2013 (July 2012- June 2013) 3. Approval ofMinutes ofJune 28, 2012 Meeting 4. Adoption ofa Revision to the State Implementation Plan for the Control of Air Pollution (SIP Revision) The SIP revision involves adding ethics provisions ofstate law and the state constitution into the Mississippi SIP as the provisions pertain to the requirements ofSection 110(a)(2)(E)(ii) and Section 128(a)(l) & (2) ofthe Federal Clean Air Act. A 30-day public comment period was held. The staffrecommends that the Commission adopt the proposed SIP Revision. 

### 5. Commission Approval ofBrownfield ConsultingFirms The staffhas 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 staffrecommends 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 ofBrownfield Agreement The staffrecommends that the Commission approve the Brownfield Agreement between the Commission, The Colle Company, Inc. andthe State ofMississippi through the Office ofthe Secretary ofStateregarding the remediation of brownfieldproperty located at 3802 Port River Road in Pascagoula, Mississippi. The site is hereafterreferred to as the former "Colle Towing Company

,...... 

### . ..**~.. -~**  . """""" 

### .

### 7. Commission Approval ofBrownfield Agreement The staffrecommends that the Commission approve the BrownfieldAgreement betweenthe Commission and the City ofRidgeland 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 ofan 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 ofthe public health and the environment. 

### 8. Commission Approval ofBrownfield Completion On 10/28/2010, the Commissionreached a Brownfield Agreement (#5849-10) with Whirlpool Corporation for the remediation ofthe 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 ofBrownfield Agreement and as to the issuance ofa "no further action" letter by the Executive Director. The staffhas reviewed the petition, has conducted the required inspection ofthe Brownfield Agreement Site, and hereby recommends that the Commission issue an order in accordance with the Brownfield Regulations concluding thatWhirlpool Corporationhas completed Brownfield Agreement#5849-10. 

### 9. Water Pollution Control (Clean Water) Revolving Fund Loan Program, Adoption ofFY-2012 Intended Use 

### Plan Amendment No.1 The staffwill recommend adoption by the Commission ofthe FY-2012 Intended Use Plan AmendmentNo. 1. This Intended Use Plan amendment includes the following changes: 1) Addition ofnew projects to the FY-2013 and After Planning List for possible funding during FY-2012; 2) Incorporation ofthe 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 ofpassage ofthis 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 ofHearing Officer Miss. Code Ann. Section 49-17-33 allows the Commission to appoint a hearing officer to conduct evidentiary hearings onbehalfofthe Commission. Staffwill recommend that ChuckRubisoff, Special AssistantAttorney General, be appointedto 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 onbehalfofthe Commission. The hearing officer would thenmake a

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### 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 ofthis agenda. 15. Administrative Orders We have issued 44 administrative orders since the last report and they should be added to the minutes. The staffwill highlight any orders that we think are especially noteworthy. See Attachment 2 at the end ofthis agenda. 16. OtherBusiness 17. Report by Executive Director 18. Confirmation ofMeeting on Thursday, October 25, 2012 19. Set Dates for November and December 2012 Meetings 20. Adjournment