reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 8 - Mississippi Commission on Environmental Quality, Air Toxics Regulations (Adopted May 28, 1998, Last Amended November 16, 2006) › Rule 11-2-8.2 - Chemical Accident Prevention Provisions

Current through June 25, 2024
A. Chemical
				Accident Prevention Provisions are regulations duly promulgated by the United
				States Environmental Protection Agency in (or to be printed in) Part 68 of
				Title 40 of the Code of Federal Regulations. All such regulations promulgated
				by the United States Environmental Protection Agency as of September 15, 2006
				are incorporated herein and adopted by reference by the Mississippi Commission
				on Environmental Quality as official regulations of the State of Mississippi
				and shall be enforceable as such except as follows:
(1) The word "Administrator" shall mean the
				Administrator of the United States Environmental Protection Agency.
(2) The words "air permitting authority"
				shall mean "Mississippi Environmental Quality Permit Board".
(3) The words "implementing agency" shall
				mean "Mississippi Department of Environmental Quality".
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 9 - Mississippi Commission on Environmental Quality Regulations for Lead-Based Paint Activities (Adopted January 22, 1998, Amended November 20, 2003, and Last Amended December 10, 2009, and Last Amended October 24, 2013) › Rule 11-2-9.2 - Definitions

Current through June 25, 2024
A. "Abatement" means any measure or set of
				measures designed to permanently eliminate lead-based paint hazards. Abatement
				includes, but is not limited to:
(1) The
				removal of lead-based paint and lead-contaminated dust, the permanent enclosure
				or encapsulation of lead-based paint, the replacement of lead-painted surfaces
				or fixtures, and the removal or covering of lead-contaminated soil;
				and
(2) All preparation, cleanup,
				disposal, and post-abatement clearance testing activities associated with such
				measures.
(3) Specifically,
				abatement includes, but is not limited to:
(a)
				Projects for which there is a written contract or other documentation, which
				provides that a person will be conducting activities in or to a residential
				dwelling or child-occupied facility that will result in the permanent
				elimination of lead-based paint hazards; or are designed to permanently
				eliminate lead-based paint hazards as defined in this rule.
(b) Projects resulting in the permanent
				elimination of lead-based paint hazards, conducted by persons certified in
				accordance with Rule 9.4, unless such projects are covered by paragraph (3)(d)
				of this definition;
(c) Projects
				resulting in the permanent elimination of lead-based paint hazards, conducted
				by persons who, through their company name or promotional literature,
				represent, advertise, or hold themselves out to be in the business of
				performing lead-based paint activities as identified and defined by this rule,
				unless such projects are covered by paragraph (3)(d) of this definition;
				or
(d) Projects resulting in the
				permanent elimination of lead-based paint hazards that are conducted in
				response to state or local abatement orders.
(4) Abatement does not include renovation,
				remodeling, painting or repainting, landscaping or other activities, when such
				activities are not designed to permanently eliminate lead-based paint hazards,
				but, instead, are designed to repair, restore, or remodel a given structure or
				dwelling, even though these activities may incidentally result in a reduction
				or elimination of lead-based paint hazards. Furthermore, abatement does not
				include interim controls, operations and maintenance activities, or other
				measures and activities designed to temporarily, but not permanently, reduce
				lead-based paint hazards.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 9 - Mississippi Commission on Environmental Quality Regulations for Lead-Based Paint Activities (Adopted January 22, 1998, Amended November 20, 2003, and Last Amended December 10, 2009, and Last Amended October 24, 2013) › Rule 11-2-9.3 - Accreditation of Training Programs

Current through June 25, 2024
A.
Scope
.
(1) A training program
				may seek accreditation to offer lead-based paint activities courses in any of
				the following disciplines: inspector, risk assessor, supervisor, project
				designer, renovator, dust sampling technician, and abatement worker. A training
				program may also seek accreditation to offer refresher courses for each of the
				above listed disciplines.
(2) A
				training program shall not provide, offer, or claim to provide Commission
				accredited lead-based paint inspector, risk assessor, supervisor, project
				designer or abatement worker courses without applying for and receiving
				accreditation from the Commission as required under paragraph B. of this rule
				on or after August 31, 1998. A training program shall not provide, offer or
				claim to provide Commission accredited lead-based paint renovator or dust
				sampling technician courses without applying for and receiving accreditation
				from the Commission as required under paragraph B. of this rule on or after
				December 10, 2009.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 9 - Mississippi Commission on Environmental Quality Regulations for Lead-Based Paint Activities (Adopted January 22, 1998, Amended November 20, 2003, and Last Amended December 10, 2009, and Last Amended October 24, 2013) › Rule 11-2-9.4 - Certification of Individuals and Firms Engaged in Lead-Based Paint Activities: Target Housing and Child-Occupied Facilities

Current through June 25, 2024
A.
Certification of Individuals.
(1) Individuals seeking certification by the
				Commission to engage in lead-based paint activities must either:
(a) Submit to the Commission an application
				demonstrating that they meet the requirements established in paragraphs B. thru
				H. of this Rule for the particular discipline for which certification is
				sought; or
(b) Submit to the
				Commission an application with a copy of a valid lead-based paint activities
				certification from a State or Tribal program that has been authorized by EPA
				and has established accreditation and certification reciprocity agreements with
				the State of Mississippi covering the certification being requested.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 9 - Mississippi Commission on Environmental Quality Regulations for Lead-Based Paint Activities (Adopted January 22, 1998, Amended November 20, 2003, and Last Amended December 10, 2009, and Last Amended October 24, 2013) › Rule 11-2-9.5 - Work Practice Standards for Conducting Lead-Based Paint Activities

Current through June 25, 2024
A.
Effective Date, Applicability, and
				Terms.
(1) Beginning on the date of
				adoption all lead-based paint abatement and renovation activities shall be
				performed pursuant to the work practice standards contained in this
				rule.
(2) When performing any
				lead-based paint activity described by the certified individual as an
				inspection, lead-hazard screen, risk assessment, renovation, or abatement, a
				certified individual must perform that activity in compliance with the
				appropriate requirements below.
(3)
				Documented methodologies that are appropriate for this rule are found in the
				following: The U.S. Department of Housing and Urban Development (HUD)
				Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in
				Housing; the EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated
				Dust, Lead-Contaminated Soil; the EPA Residential Sampling for Lead: Protocols
				for Dust and Soil Sampling (EPA report number 7474-R-95-001); 40 CFR Part 745,
				Lead; Requirements for Lead-Based Paint activities in Target Housing and
				Child-occupied Facilities: Final Rule (Federal Register, Volume 61, Number 169,
				Thursday, August 29, 1996); EPA Lead; Renovation, Repair, and Painting Program:
				Final Rule (Federal Register, Volume 73, Number 78, April 22, 2008); and other
				equivalent methods and guidelines.
(4) Clearance levels appropriate for the
				purposes of this rule may be found in the EPA January 2001 rules ( 40 CFR 745;
				Identification of Dangerous Levels of Lead, Final Rule) at
				745.227(e)(8)(viii).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 9 - Mississippi Commission on Environmental Quality Regulations for Lead-Based Paint Activities (Adopted January 22, 1998, Amended November 20, 2003, and Last Amended December 10, 2009, and Last Amended October 24, 2013) › Rule 11-2-9.6 - Compliance Monitoring and Enforcement

Current through June 25, 2024
A.
Compliance Inspections and Investigations
(1) The Department may inspect or investigate
				the practices of any person involved in lead-based paint activities in target
				housing or child-occupied facilities as defined in these rules.
(2) Advance notice of inspections or
				investigations by the Department is not required.
(3) Department representatives shall not be
				impeded or refused entry in the course of their official duties in accordance
				with these regulations by reason of any regulatory or contractual
				specification.
(4) All persons
				engaged in lead-based paint activities must have the Commission-issued
				certificate or required training records present at the worksite.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Regulations for the Accreditation and Certification of Asbestos Abatement Personnel (Adopted December 20, 1989, Amended October 25, 1990, Last Amended November 20, 2003) › Rule 11-2-10.1 - General

Current through June 25, 2024
The Asbestos Abatement Accreditation and Certification Act,
				  codified as Miss. Code Ann. §§
									37-138-1
				  through
				  37-138-31,
				  requires that, beginning on the effective date of these regulations, all
				  persons who perform inspections and reinspections, prepare management plans and
				  perform as air monitors, contractors, project designers, supervisors and
				  workers in abatement projects for the purpose of identifying, evaluating and
				  abating the hazard of asbestos-containing material in public and private
				  elementary and secondary school buildings and in all public and commercial
				  buildings in this State must be accredited and certified as qualified to
				  perform such asbestos abatement activities. These regulations provide
				  requirements for the accreditation and certification of asbestos abatement
				  inspectors, management planners, project designers, air monitors, contractors,
				  supervisors and workers. These regulations do not require the performance of
				  inspections, management plans, project designs, or asbestos projects but
				  require utilization of personnel certified in accordance with the provisions of
				  these regulations in the event these activities are performed in or on a school
				  building, public building, or commercial building.
Miss. Code Ann.
				  §§
										37-138-1,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Regulations for the Accreditation and Certification of Asbestos Abatement Personnel (Adopted December 20, 1989, Amended October 25, 1990, Last Amended November 20, 2003) › Rule 11-2-10.3 - Prohibition

Current through June 25, 2024
No persons may engage in any asbestos project in a school
				  building, public building or commercial building as an inspector, management
				  planner, project designer, air monitor, contractor, supervisor or worker on or
				  after the effective date of these regulations, unless applicable initial or
				  renewed certificates to so engage in an asbestos project have been issued to
				  individuals by the Commission, and are currently in effect. Certificates may be
				  issued only to individuals and not to other persons. No persons shall engage in
				  the physical activities related to abatement of ACM in a school building,
				  public building or commercial building except individuals who have been issued
				  initial or renewed worker certificates that are currently in effect. A
				  contractor shall not employ any worker, or any other individual of different
				  certification category, on an asbestos project who does not possess a current
				  and appropriate certificate issued by the Commission.
Miss. Code Ann.
				  §§
										37-138-1,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Regulations for the Accreditation and Certification of Asbestos Abatement Personnel (Adopted December 20, 1989, Amended October 25, 1990, Last Amended November 20, 2003) › Rule 11-2-10.4 - Type and Duration of Certificates

Current through June 25, 2024
A. The Commission
				shall have authority to issue certificates for inspectors, management planners,
				project designers, air monitors, contractors, supervisors and
				workers.
B. Unless the Commission
				revokes or suspends a certificate, an initial certificate shall remain in
				effect during the period of time training is effective but not to exceed one
				(1) year after the date of issuance. Each initial certificate may be renewed
				annually in accordance with these regulations. Each renewal certificate shall
				remain in effect during the period of time training is effective but not to
				exceed one (1) year after the date of certificate issuance.
C. Not less than thirty (30) days prior to
				the expiration date of the initial or renewal certificate, the applicant will
				make application for renewal of the certification in accordance with Rule 10.5
				of these regulations if the applicant desires to continue certification in
				effect. If the applicant submits a timely and complete application in
				accordance with Rule 10.5 of these regulations and the Commission, through no
				fault of the applicant, fails to act on the application on or before the
				expiration date of the existing certificate, the existing certificate shall
				continue in effect until final action on the application is taken by the
				Commission.
D. The Commission may
				modify, revoke, or suspend any certificate issued to individuals accredited and
				certified in accordance with these regulations if the individual:
(1) Knowingly submits false or inaccurate
				information for issuance or renewal of a certificate under these
				regulations;
(2) Willfully fails to
				comply with the conditions of the certificate issued by the
				Commission;
(3) Violates any
				provision of these regulations, the Asbestos Abatement Accreditation and
				Certification Act, or any laws, rules, regulations, or written orders of the
				Commission;
(4) Performs work at a
				job site requiring accreditation/certification without being in physical
				possession of initial and current certificates;
(5) Permits the duplication or use of one's
				own accreditation or certification certificate by another;
(6) Performs work for which required
				accreditation has not been received; or
(7) Obtains accreditation from a training
				provider that does not have approval to offer training for the particular
				discipline from either EPA or an EPA-approved state program.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Regulations for the Accreditation and Certification of Asbestos Abatement Personnel (Adopted December 20, 1989, Amended October 25, 1990, Last Amended November 20, 2003) › Rule 11-2-10.5 - Applications

Current through June 25, 2024
A. No individual shall be considered for an
				initial or renewal certificate unless the qualification requirements of Rule
				10.9 and the accreditation training requirements of Rule 10.9 for the
				discipline that is the subject of the application have been met and completed
				prior to application. Additionally, no individual shall be granted an initial
				or renewal certificate if the applicant fails to pay the applicable annual
				certificate fee(s) provided for in Rule 10.7 of these regulations
				simultaneously with the submission of the application as provided for in
				Paragraph 5 below.
B. Each
				application for an initial or renewal certificate shall be made on forms
				prepared by the Commission for this purpose and shall contain the information
				that the Commission deems necessary to determine whether the initial or renewal
				certificate should be issued in accordance with the Act.
C. Each application for an initial or renewal
				certificate shall be signed by the individual requesting the initial or renewal
				certificate. The signature shall be made under oath and shall constitute
				personal affirmation that the statements made in the application are true and
				complete.
D. Each application shall
				contain the applicable fee as indicated in Rule 10.7 of these
				regulations.
E. Individuals
				applying for certification in more than one category may submit multiple
				applications in the same transmittal. Each application so submitted shall be
				completed as required above so as to be separable from the others. Provided,
				however, an applicant for a contractor certificate may apply for a supervisor
				certificate in the same application. If an individual meets all of the
				requirements of these regulations, including payment of both the contractor and
				supervisor certification fees, the individual shall be issued both a contractor
				certificate and a supervisor certificate.
Miss. Code Ann.
				  §§
										37-138-1,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Regulations for the Accreditation and Certification of Asbestos Abatement Personnel (Adopted December 20, 1989, Amended October 25, 1990, Last Amended November 20, 2003) › Rule 11-2-10.6 - Consideration of Applications and Issuance of Certificates

Current through June 25, 2024
A. The Commission shall review each
				application and supporting documents. If the application is incomplete, the
				Commission may return the materials submitted by the applicant and advise the
				applicant what additional information is necessary in order to evaluate the
				application.
B. If the application
				is approved, the Commission shall issue to the applicant the initial or renewal
				certificate for the discipline that is the subject of the application within
				thirty (30) days after receipt of the complete application.
C. The Commission may deny an application for
				certification if the Commission determines that the applicant (a) has not
				complied with all of the provisions of these regulations and with all other
				applicable federal, State and local statutes and regulations, or (b) submits
				inaccurate or falsified information in the application, or (c) submits
				incomplete application forms after receiving the notice from the Commission
				provided in Subsection 1 of this rule. The Commission shall make determinations
				regarding issuance or denial of the certificate based upon the information
				contained in the application, the applicant's compliance history, and any other
				pertinent information that is available to the Commission. The Commission shall
				not be required to conduct any investigation concerning an applicant other than
				information available at the offices of the Department of Environmental Quality
				in Jackson, Mississippi.
D. Each
				applicant who is issued an initial or renewal certificate shall be subject to
				the terms and conditions set forth and embodied in the initial or renewal
				certificate as the Commission deems necessary to ensure compliance with the
				requirements of these regulations in accordance with the Act.
Miss. Code Ann.
				  §§
										37-138-1,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Regulations for the Accreditation and Certification of Asbestos Abatement Personnel (Adopted December 20, 1989, Amended October 25, 1990, Last Amended November 20, 2003) › Rule 11-2-10.7 - Fees

Current through June 25, 2024
All fees shall be submitted to the Commission by check or
				  money order, payable to the Asbestos Accreditation and Certification Act Fund.
				  Fees for more than one (1) discipline shall be paid by a separate check or
				  money order for each discipline. The fees for initial and renewal certificates
				  are as follows:
Management Planner
$200.00
Project Designer
$200.00
Inspector
$200.00
Air Monitor
$250.00
Contractor
$350.00
Supervisor
$250.00
Worker
$35.00
Miss. Code Ann.
				  §§
										37-138-1,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Regulations for the Accreditation and Certification of Asbestos Abatement Personnel (Adopted December 20, 1989, Amended October 25, 1990, Last Amended November 20, 2003) › Rule 11-2-10.9 - Qualifications

Current through June 25, 2024
In addition to completing the applicable EPA approved
				  training course that meets the requirements of the Model Plan, each applicant
				  for an initial or renewal certificate must demonstrate to the satisfaction of
				  the Commission that the applicant is familiar with and capable of complying
				  fully with all applicable federal and State laws and regulations and possesses
				  the following qualifications listed below prior to submitting an
				  application:
A. Inspectors - Education
				qualifications - high school diploma or Graduate Equivalent Degree
				(GED).
B. Management Planners -
				Education and professional license qualifications:
(1) Bachelor of Science degree in engineering
				or its equivalent from an accredited university and a current, valid license by
				the Mississippi Board of Registration for Professional Engineers and Land
				Surveyors as a registered professional engineer, or
(2) Bachelor of Science degree in
				architecture or its equivalent from an accredited university and a current,
				valid license as an architect by the Mississippi Board of
				Architecture.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Regulations for the Accreditation and Certification of Asbestos Abatement Personnel (Adopted December 20, 1989, Amended October 25, 1990, Last Amended November 20, 2003) › Rule 11-2-10.10 - Exclusion

Current through June 25, 2024
Notwithstanding anything in these regulations to the
				  contrary, small-scale, short duration abatement activities, as defined in Rule
				  10.2(40) of these regulations, may be conducted in school buildings, public
				  buildings and commercial buildings without utilization of certified inspectors,
				  management planners, project designers, supervisors, air monitors, contractors
				  and workers.
Miss. Code Ann.
				  §§
										37-138-1,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Regulations for the Accreditation and Certification of Asbestos Abatement Personnel (Adopted December 20, 1989, Amended October 25, 1990, Last Amended November 20, 2003) › Rule 11-2-10.11 - Supervision of Asbestos Projects

Current through June 25, 2024
At least one certified supervisor is required to be at the
				  asbestos project worksite at all times while abatement activities are in
				  progress. Certified workers must have access to a certified supervisor
				  throughout the duration of the asbestos project. The contractor(s) and
				  supervisor(s) for an asbestos project shall maintain all certificates for all
				  contractors, supervisors and workers who are employed in connection with the
				  asbestos project at the asbestos project site. The contractor(s) and/or
				  supervisor(s) shall make available all such certificates to the Commission,
				  acting through the Office of Pollution Control, at the time of any inspection
				  at the asbestos project site by the Office of Pollution
				  Control.
Miss. Code Ann.
				  §§
										37-138-1,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Regulations for the Accreditation and Certification of Asbestos Abatement Personnel (Adopted December 20, 1989, Amended October 25, 1990, Last Amended November 20, 2003) › Rule 11-2-10.12 - Enforcement - Penalties, Reprimands, Suspensions, Revocation of Certificates, Proceedings and Hearings Before the Commission and Appeals

Current through June 25, 2024
A. If the Commission decides to suspend,
				revoke, or modify the certification of any individual, it shall notify the
				affected individual in writing of the following:
(1) The legal and factual basis for the
				suspension, revocation, or modification.
(2) The commencement date and duration of the
				suspension, revocation, or modification.
(3) Actions, if any, which the individual may
				take to avoid suspension, revocation, or modification or to receive
				certification in the future.
(4)
				The opportunity and method for requesting a hearing prior to final Commission
				action to suspend, revoke, or modify certification.
(5) Any additional information, as
				appropriate, which the Commission may provide.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Regulations for the Accreditation and Certification of Asbestos Abatement Personnel (Adopted December 20, 1989, Amended October 25, 1990, Last Amended November 20, 2003) › Rule 11-2-10.13 - Other Laws

Current through June 25, 2024
Compliance with these regulations shall not affect or
				  substitute for compliance with all other applicable laws and regulations
				  concerning accreditation of asbestos abatement personnel, including but not
				  limited to, National Emissions Standards for Hazardous Air Pollutants
				  (NESHAPS), Occupational Safety Health Act (OSHA), and Asbestos Hazard Emergency
				  Response Act (AHERA) requirements.
Miss. Code Ann.
				  §§
										37-138-1,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Regulations for the Accreditation and Certification of Asbestos Abatement Personnel (Adopted December 20, 1989, Amended October 25, 1990, Last Amended November 20, 2003) › Rule 11-2-10.14 - Severability

Current through June 25, 2024
If any provision, section, subsection, sentence, clause or
				  phrase of any of these regulations, or the application of same to any person or
				  set of circumstances is for any reason challenged or held to be invalid or
				  void, the validity of the remaining regulations and/or portions thereof or
				  their application to other persons or sets of circumstances shall not be
				  affected thereby.
Miss. Code Ann.
				  §§
										37-138-1,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Regulations for the Accreditation and Certification of Asbestos Abatement Personnel (Adopted December 20, 1989, Amended October 25, 1990, Last Amended November 20, 2003) › Rule 11-2-10.15 - Training Course Standards

Current through June 25, 2024
The following are the requirements for initial training
				  courses and refresher training courses that must be successfully completed by
				  individuals seeking certification to perform asbestos related work pursuant to
				  these regulations.
A. Initial training
(1) Training courses required by individuals
				seeking certification as inspectors, management planners, project designers,
				contractors, supervisors, or workers and the applicable EPA-approved training
				courses for air monitors must meet all requirements of Section I(B) of the
				Model Plan which is incorporated herein and adopted by reference unless
				otherwise noted.
(2) Initial
				training courses must be discipline specific for the certification being
				sought.
(3) Initial training
				courses must be completed within a two week period.
(4) Persons enrolled in training courses
				shall not be required to sit through more than eight hours of actual training
				in any single 24 hour period.
(5)
				Attendance in training courses following regular work hours shall not exceed a
				maximum of four hours in any single session.
(6) Except for worker training, initial
				training courses must be taught by at least two instructors.
(7) An examination as defined in Section I(C)
				of the Model Plan, which is incorporated herein and adopted by reference unless
				otherwise noted, must be given at the conclusion of the initial training
				course. All examinations shall be a closed book examination and demonstration
				testing may also be included as part of the examination. A person seeking
				accreditation in a specific discipline shall pass the examination for that
				discipline to receive accreditation. For example, a person seeking
				accreditation as an inspector must pass the inspector accreditation examination
				under the Model Plan which is incorporated herein and adopted by reference
				unless otherwise noted.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 11 - Mississippi Commission on Environmental Quality, Regulations for Ambient Air Quality Nonattainment Areas › Rule 11-2-11.1 - General

Current through June 25, 2024
The purpose of this regulation is to implement Section
				  182(a)(3)(B) of the Federal Clean Air Act which sets requirements for areas
				  designated as nonattainment for National Ambient Air Quality Standards.
Miss. Code Ann.
				  §§
										49-2-9(1)(b),
				  49-17-17,
				  49-2-1, et
				  seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 11 - Mississippi Commission on Environmental Quality, Regulations for Ambient Air Quality Nonattainment Areas › Rule 11-2-11.2 - Definitions

Current through June 25, 2024
The terms used in the regulations shall, unless the
				  context otherwise requires, have the following meanings:
A. "Commission" means the Mississippi
				Commission on Environmental Quality.
B. "Department" means the Mississippi
				Department of Environmental Quality (Department).
C. "NAAQS" means National Ambient Air Quality
				Standards promulgated by the U.S. Environmental Protection Agency.
D. "Nonattainment area" means any area,
				designated by the U.S. Environmental Protection Agency, that does not meet (or
				that contributes to ambient air quality in a nearby area that does not meet)
				the national primary or secondary national ambient air quality standard(s).
E. "Emissions Statement" means the
				annual emissions statement as required by Rule 11.3 of this regulation.
Miss. Code Ann.
				  §§
										49-2-9(1)(b),
				  49-17-17,
				  49-2-1, et
				  seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 11 - Mississippi Commission on Environmental Quality, Regulations for Ambient Air Quality Nonattainment Areas › Rule 11-2-11.3 - Emissions Statement

Current through June 25, 2024
A. The requirements
				of Rule 11.3.A-C of this regulation shall apply to all stationary sources of
				nitrogen oxides or volatile organic compounds which have the potential to emit
				25 tons or more of either pollutant per calendar year and are located in
				area(s) designated by the U.S. Environmental Protection Agency as nonattainment
				for the 2008 ozone NAAQS.
B.
				Owners and operators of stationary sources of nitrogen oxides or volatile
				organic compounds shall provide the Department with a statement, in such form
				as the Department may prescribe, showing the actual emissions of nitrogen
				oxides and volatile organic compounds from that source. The statement shall
				contain a certification that the information contained in the statement is
				accurate to the best knowledge of the individual certifying the statement.
C. The Emissions Statement shall
				be submitted to the Department by July 1 of every year and shall show the
				actual emissions of the previous calendar year.
Miss. Code Ann.
				  §§
										49-2-9(1)(b),
				  49-17-17,
				  49-2-1, et
				  seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Hazardous Waste Management Regulations › Rule 11-3-1.4 - Annual Reporting for Generators of Hazardous Waste

Current through June 25, 2024
Each generator of greater than two hundred twenty (220)
				  pounds of hazardous waste in any calendar month during the previous calendar
				  year shall report annually by March 1 of each calendar year to the Department,
				  on forms provided by the Department, the type and amount of hazardous waste
				  generated during the preceding calendar year. Rule 1.4 supersedes the biennial
				  reporting requirements in 40
				  CFR 262.41 for the generators described
				  above. All other generators must comply with
				  40 CFR
				  262.41.
Miss. Code
				  Ann. §§
										17-17-1, et seq., 49-2-9 (1)(b),
				  49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Hazardous Waste Management Regulations › Rule 11-3-1.5 - Standards Applicable to Transporters of Hazardous Waste

Current through June 25, 2024
Transporters of hazardous waste in and through Mississippi
				  shall meet all the requirements of Part 263 of the EPA Hazardous Waste
				  Regulations 40 CFR 263; 45 FR 12743, February 26, 1980, Effective August 26,
				  1980; 45 FR 33151, May 19, 1980, Effective November 19, 1980; 45 FR 85022,
				  December 24, 1980; 45 FR 86968, 86973, December 31, 1980; 48 FR 14153, April 1,
				  1983; 51 FR 10176, March 24, 1986, Effective September 22, 1986; 61 FR 16290,
				  April 12, 1996, Effective July 11, 1996; 51 FR 28685, August 8, 1986, Effective
				  November 8, 1986; 51 FR 40637, November 7, 1986, Effective November 8, 1986; 62
				  FR 6650, February 12, 1997, Effective August 12, 1997; 70 FR 10776, March 4,
				  2005, Effective September 6, 2005; 75 FR 1236, January 8, 2010, Effective July
				  7, 2010; 75 FR 12989, March 18, 2010, Effective June 16, 2010; 79 FR 7518,
				  February 7, 2014, Effective August 6, 2014; 81 FR 85732, November 28, 2016,
				  Effective May 30, 2017; 81 FR 85696, November 28, 2016, Effective December 31,
				  2016; 82 FR 41015, August 29, 2017 (announcing the AES filing compliance date
				  as December 31, 2017; 83 FR 420, January 3, 2018, Effective June 30, 2018; and
				  all other applicable requirements of the Mississippi Public Service Commission
				  and the U. S. Department of Transportation. The import/export provisions and
				  operation of the e-manifest system in 40 CFR 263 are non-delegable and will be
				  implemented by the U.S. Environmental Protection Agency.
Miss. Code
				  Ann. §§
										17-17-1, et seq., 49-2-9 (1)(b),
				  49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Hazardous Waste Management Regulations › Rule 11-3-1.6 - Annual Reporting for Transporters of Hazardous Waste

Current through June 25, 2024
Each transporter of hazardous waste shall report annually by
				  March 1 of each calendar year to the Department, on forms provided by the
				  Department, the transporter's location, mailing address, and contact
				  person.
Miss. Code
				  Ann. §§
										17-17-1, et seq., 49-2-9 (1)(b),
				  49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Hazardous Waste Management Regulations › Rule 11-3-1.8 - Annual Reporting for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities

Current through June 25, 2024
The owner or operator of any facility for the treatment,
				  storage, recycling, or disposal of hazardous waste shall report by March 1 of
				  each calendar year to the Department, on forms provided by the Department, the
				  types and amounts of hazardous waste treated, stored, recycled, and/or disposed
				  during the preceding calendar year. Rule 1.8 supersedes
				  40 CFR
				  264.75.
Miss. Code
				  Ann. §§
										17-17-1, et seq., 49-2-9 (1)(b),
				  49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Hazardous Waste Management Regulations › Rule 11-3-1.10 - Financial Capability, Commercial Hazardous Waste Management Facilities

Current through June 25, 2024
A. For the purposes of this Rule 1.10, the
				following definitions shall apply:
(1)
				"Incinerator" means any enclosed device that:
(a) Uses controlled flame combustion and
				neither meets the criteria of classification as a boiler, sludge dryer, or
				carbon regeneration unit, nor is listed as an industrial furnace as these terms
				are defined in 40 CFR
				260.10; or
(b) Meets the definition of infrared
				incinerator or plasma arc incinerator established in
				40 CFR
				260.10.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Hazardous Waste Management Regulations › Rule 11-3-1.12 - Annual Reporting for Owners or Operators of Interim Status Facility Treatment, Storage, Recycling, or Disposal

Current through June 25, 2024
The owner or operator of any interim status facility for the
				  treatment, storage, recycling, or disposal of hazardous waste shall report by
				  March 1 of each calendar year to the Department, on forms provided by the
				  Department, the types and amounts of hazardous waste treated, stored, recycled,
				  and/or disposed during the preceding calendar year. Rule 1.12 supersedes
				  40 CFR
				  265.75.
Miss. Code
				  Ann. §§
										17-17-1, et seq., 49-2-9 (1)(b),
				  49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Hazardous Waste Management Regulations › Rule 11-3-1.14 - Standards for Owners and Operators of Hazardous Waste Facilities Operating under a Standardized Permit

Current through June 25, 2024
Owners and operators of hazardous waste treatment, storage,
				  and disposal facilities in Mississippi under a 40 CFR Subpart J standardized
				  permit shall meet all the requirements of Part 267 of the EPA Hazardous Waste
				  Regulations 40 CFR 267 (with the exception of 267.150): 70 CFR 53420, September
				  8, 2005, Effective October 11, 2005; 71 FR 40254, July 14, 2006; 81 FR 85732,
				  November 28, 2016, Effective May 30, 2017; and 81 FR 85696, November 28, 2016,
				  Effective December 31, 2016. The import/export provisions in 40 CFR 267 are
				  non-delegable and will be implemented by the U.S. Environmental Protection
				  Agency.
Miss. Code
				  Ann. §§
										17-17-1, et seq., 49-2-9 (1)(b),
				  49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Hazardous Waste Management Regulations › Rule 11-3-1.17 - Contents of Part B: Additional General Requirements

Current through June 25, 2024
A. Commercial Hazardous Waste Landfill
				Perpetual Care
(1) At the time an application
				for a permit for a commercial hazardous waste landfill is made, the
				owner/operator shall prepare and submit to the Department for approval a plan
				stating provisions for converting the site to its suitable perpetual use, its
				use restrictions, and a maintenance schedule that will, when carried out,
				maintain the integrity of the site through perpetuity. The plan shall include
				the operations and estimated annual cost necessary to maintain the site. This
				annual cost estimate shall be revised and submitted to the Department annually
				until final closure is completed.
(2) At the time an application for a
				commercial hazardous waste landfill permit is made the owner/operator shall
				submit a copy of the property deed showing an easement authorizing the
				appropriate entity access to the property to monitor, inspect or conduct any
				activity necessary to maintain the integrity of the site and shall record this
				deed along with the easement in the proper county record. In addition to the
				easement, the property owner shall include in the property record the land use
				restriction shown in the perpetual care plan and a description of the facility
				and the characteristics of its content.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Hazardous Waste Management Regulations › Rule 11-3-1.18 - Financial Capability, Commercial Hazardous Waste Management Facilities

Current through June 25, 2024
A. For purposes of this Rule 1.18, the
				following definitions shall apply:
(1)
				"Incinerator" means any enclosed device that:
(a) Uses controlled flame combustion and
				neither meets the criteria of classification as a boiler, sludge dryer, or
				carbon regeneration unit, nor is listed as an industrial furnace as these terms
				are defined in 40 CFR
				260.10; or
(b) Meets the definition of infrared
				incinerator or plasma arc incinerator established in
				40 CFR
				260.10.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Hazardous Waste Management Regulations › Rule 11-3-1.19 - Disclosure Regulations, Commercial Hazardous Waste Management Facilities

Current through June 25, 2024
Every applicant for issuance, reissuance, or transfer of a
				  permit for a commercial hazardous waste management facility must comply with
				  the Mississippi Commission on Environmental Quality Hazardous and Nonhazardous
				  Solid Waste Applicant Disclosure Regulations, promulgated pursuant to
				  Mississippi Code Annotated Section
				  17-17-501,
et.
				  seq.
[Miss.Laws, 1991, ch.
				  583], Mississippi Code Annotated Section
				  17-17-27, and Mississippi Code
				  Annotated Section 49-1717.
Miss. Code
				  Ann. §§
										17-17-1, et seq., 17-17-27,
				  17-17-501, et seq., 49-2-9(1)(b), 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Hazardous Waste Management Regulations › Rule 11-3-1.20 - Permit Transfer

Current through June 25, 2024
"Transfer" shall mean any sale, conveyance, or assignment of
				  the rights held by the applicant in any permit issued pursuant to these
				  Regulations. Any change of more than 50 percent of the equity ownership of the
				  permit holder over a sustained period which results in a new majority owner
				  shall constitute a transfer. A new majority owner for purposes of this
				  provision shall be an individual, partnership, company, or group of affiliated
				  companies.
Miss. Code
				  Ann. §§
										17-17-1, et seq., 49-2-9(1)(b),
				  49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Hazardous Waste Management Regulations › Rule 11-3-1.21 - Standards for Universal Waste Management

Current through June 25, 2024
Generators and transporters of hazardous waste as well as
				  destination facilities, who choose to manage hazardous waste as universal waste
				  shall meet the requirements of Part 273 of the EPA Hazardous Waste Regulations
				  40 CFR Part 273; 60 FR 25540, May 11, 1995; 61 FR 16309, April 12, 1996,
				  Effective July 11, 1996; 63 FR 71225, December 24, 1998; 64 FR 36466, July 6,
				  1999; 70 FR 45508, August 5, 2005; 71 FR 40254, July 14, 2006; 72 FR 35666,
				  June 29, 2007; 81 FR 85732, November 28, 2016, Effective May 30, 2016; 81 FR
				  85696, November 28, 2016, Effective December 31, 2016; 84 FR 5816, February 22,
				  2019, Effective August 21, 2019; 84 FR 67202, December 9, 2019, Effective
				  February 7, 2020, and 85 FR 40594, July 7, 2020, Effective September 8, 2020.
				  The import/export provisions are non-delegable and will be implemented by the
				  U.S. Environmental Protection Agency.
Miss. Code
				  Ann. §§
										17-17-1, et seq., 49-2-9(1)(b),
				  49-17-17, 49-2-1, et seq. and 49-171, et seq.