Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 2 - Mississippi Commission on Environmental Quality, Permit Regulations for the Construction and/or Operation of Air Emissions Equipment › Rule 11-2-2.5 - Application Review

Current through June 25, 2024
A. Standards for Approving an Application for a Permit to Construct.
(1) The stationary source shall be designed and constructed so as to operate without causing a violation of any Applicable Rules and Regulations.
(2) The stationary source shall be designed and constructed so as to operate without interfering with the attainment and maintenance of State and National Ambient Air Quality Standards.
(3) The stationary source shall be designed and constructed so as to operate such that the emission of air toxics does not result in an ambient concentration sufficient to adversely affect human health and well-being or unreasonably and adversely affect plant or animal life beyond the stationary source boundaries.
(a) The Permit Board may require the applicant to provide data necessary to evaluate the impacts of air toxics, including the predicted emission rates and ambient concentrations, when it deems necessary, considering factors that follow:
(1) the types of air toxics involved;
(2) the quantity of emissions involved;
(3) the physical characteristics of the stationary source (such as the location, size, etc.);
(4) the anticipated human health effects;
(5) the weight of scientific data supporting the health effects associated with the air toxics;
(6) the level of air pollution control equipment employed; and
(7) such other factors as the Permit Board deems appropriate.
(b) When an air toxics evaluation is required by the Permit Board, the evaluation shall consider:
(1) an analysis of the chronic human health risks associated with the air toxics including the lifetime excess cancer risks to the most exposed individual from air toxics which are known, probable, or possible human carcinogens calculated or determined using appropriate pathways of exposure;
(2) an analysis of the acute human health effects associated with the air toxics utilizing the most current health-effects data published by EPA and/or recognized public health institutions or, in its absence, other extrapolative acute health-effects data; and
(3) where applicable, an analysis of the impacts and effects of the air toxics on plant and/or animal life beyond the boundaries of the applicant's property.
(c) The carcinogenic risk analysis shall be considered to have satisfied applicable requirements of this regulation and 11 Miss. Admin. Code Pt. 2, Ch. 1. when the lifetime excess cancer risk to the most exposed individual outside the property boundary is determined to be less than 1 x 10-6. When the excess cancer risk is determined to be greater than 1 x 10-6 but less than 1 X 10-4, the Permit Board may either:
(1) require the applicant to demonstrate that, notwithstanding the calculated risks, public health is not threatened by the proposed emissions of air toxics; or
(2) establish permit conditions to limit or prohibit the emissions of air toxics.
When this excess cancer risk is calculated or determined to be greater than 1 X 10-4, the applicant must demonstrate that, notwithstanding the calculated risks, public health is not threatened by the proposed emissions of air toxics.
(4) The construction of the stationary source shall be performed in such a manner so as to reduce fugitive dust emission from construction activities to a minimum.