Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 6 - Mississippi Commission on Environmental Quality, Air Emissions Operating Permit Regulations for the Purposes of Title V of the Federal Clean Air Act (Adopted October 27, 1993, Last Amended June 28, 2012) › Rule 11-2-6.1 - General Requirements

Current through June 25, 2024
A. Definitions.
(1) Advisory Council is the Council created
				by State law to conduct an independent study of the costs for the development
				and administration of the Title V program within the Department of
				Environmental Quality and to conduct an annual review of the costs of
				administering such programs.
(2)
				Affected Source shall have the same meaning as set forth in the regulations
				promulgated under Title IV of the Federal Act.
(3) Affected State(s) means all states whose
				air quality may be affected and that are contiguous to Mississippi; or are
				within 50 miles of the permitted source.
(4) Affected unit shall have the same meaning
				as set forth in the regulations promulgated under Title IV of the Federal
				Act.
(5) Applicable requirement
				means all of the following as they apply to emissions units in a Title V source
				(including requirements that have been promulgated or approved by EPA through
				rulemaking at the time of issuance but have future-effective compliance dates):
(a) any standard or other requirement set
				forth in the State Implementation Plan (SIP) approved or promulgated by EPA
				through rulemaking under Title I of the Federal Act that implements the
				relevant requirements of the Federal Act, including any revisions to the SIP
				promulgated in 40 CFR Part 52;
(b)
				any term or condition of any construction permits issued pursuant to
				Mississippi regulations approved or promulgated through rulemaking under Title
				I, including parts C or D, of the Federal Act;
(c) any standard or other requirement under
				Section 111 of the Federal Act, including Section 111(d);
(d) any standard or other requirement under
				Section 112 of the Federal Act, including any requirement concerning accident
				prevention under Section 112(r)(7) of the Federal Act;
(e) any standard or other requirement of the
				acid rain program under Title IV of the Federal Act or the regulations
				promulgated thereunder;
(f) any
				requirements established pursuant to Section 504(b) or Section 114(a)(3) of the
				Federal Act;
(g) any standard or
				other requirement governing solid waste incineration under Section 129 of the
				Federal Act;
(h) any standard or
				other requirement for consumer and commercial products under Section 183(e) of
				the Federal Act;
(i) any standard
				or other requirement for tank vessels under Section 183(f) of the Federal
				Act;
(j) any standard or other
				requirement of the program to control air pollution from outer continental
				shelf sources under Section 328 of the Federal Act;
(k) any standard or other requirement of the
				regulations promulgated to protect stratospheric ozone under Title VI of the
				Federal Act, unless the Administrator has determined that such requirements
				need not be contained in a Title V permit; and
(l) any national ambient air quality standard
				or increment or visibility requirement under part C of Title I of the Federal
				Act applicable only with regard to temporary sources permitted pursuant to
				Section 504(e) of the Federal Act.
(6) Commission means the Mississippi
				Commission on Environmental Quality.
(7) DEQ means the Mississippi Department of
				Environmental Quality.
(8)
				Designated representative shall have the same meaning as set forth in Section
				402(26) of the Federal Act and the regulations promulgated
				thereunder.
(9) Draft permit is the
				version of a recommended permit for which the DEQ offers public participation
				under Rule
				6.4.I. or Affected State(s) review
				under Rule
				6.5.
(10) Emissions allowable under a permit means
				a federally enforceable permit term or condition determined at issuance to be
				required by an applicable requirement that establishes an emissions limit
				(including a work practice standard) or a federally enforceable emissions cap
				that the source has assumed to avoid an applicable requirement to which the
				source would otherwise be subject.
(11) Emissions unit means any part or
				activity of a stationary source that emits or has the potential to emit any
				regulated air pollutant or any pollutant listed under Section 112(b) of the
				Federal Act. This term is not meant to alter or affect the definition of the
				term "unit" for purposes of Title IV of the Federal Act.
(12) The EPA or the Administrator means the
				Administrator of the United States Environmental Protection Agency (EPA) or his
				designee.
(13) Federal Act means
				the Federal Clean Air Act as amended in 1990, 42 U.S.C. §§ 7401-7671,
				and any subsequent amendments.
(14)
				Final permit means the version of a Title V permit issued by the Permit Board
				once all review procedures required by Rule
				6.4 and Rule
				6.5 have been completed.
(15) Fugitive emissions are those emissions
				which could not reasonably pass through a stack, chimney, vent or other
				functionally-equivalent opening.
(16) General permit is a Title V permit that
				meets the requirements of Rule
				6.3.D.
(17) Major source is any stationary source
				(or any group of stationary sources that are located on one or more contiguous
				or adjacent properties, and are under common control of the same person (or
				persons under common control)) belonging to a single major industrial grouping
				and that is described in Paragraph a., b., or c. of this definition. For the
				purposes of defining "major source", a stationary source or group of stationary
				sources shall be considered part of a single industrial grouping if all of the
				pollutant emitting activities at such source or group of sources on contiguous
				or adjacent properties belong to the same Major Group (i.e., all have the same
				two-digit code) as described in the Standard Industrial Classification Manual,
				1987.
(a) A major source under Section 112 of
				the Federal Act is defined as follows:
( 1)
				for pollutants other than radionuclides, any stationary source or group of
				stationary sources located within a contiguous area and under common control
				that emits or has the potential to emit, in the aggregate, 10 tons per year
				(tpy) or more of any hazardous air pollutant which has been listed pursuant to
				Section 112(b) of the Federal Act, 25 tpy or more of any combination of such
				hazardous air pollutants, or such lesser quantity as the Administrator may
				establish by rule (notwithstanding the preceding sentence, emissions from any
				oil or gas exploration or production well (with its associated equipment) and
				emissions from any pipeline compressor or pump station shall not be aggregated
				with emissions from other similar units, whether or not such units are in a
				contiguous area or under common control, to determine whether such units or
				stations are major sources); or
(2)
				for radionuclides, "major source" shall have the meaning specified by the
				Administrator by rule.
(b) A major stationary source of air
				pollutants, as defined in Section 302 of the Federal Act, that directly emits
				or has the potential to emit, 100 tpy or more of any air pollutant subject to
				regulation (including any major source of fugitive emissions of any such
				pollutant, as determined by rule by the Administrator). The fugitive emissions
				of a stationary source shall not be considered in determining whether it is a
				major stationary source for the purposes of Section 302(j)) of the Federal Act,
				unless the source belongs to one of the following categories of stationary
				sources:
(1) coal cleaning plants (with
				thermal dryers);
(2) kraft pulp
				mills;
(3) portland cement
				plants;
(4) primary zinc
				smelters;
(5) iron and steel
				mills;
(6) primary aluminum ore
				reduction plants;
(7) primary
				copper smelters;
(8) municipal
				incinerators capable of charging more than 250 tons of refuse per
				day;
(9) hydrofluoric, sulfuric, or
				nitric acid plants;
(10) petroleum
				refineries;
(11) lime
				plants;
(12) phosphate rock
				processing plants;
(13) coke oven
				batteries;
(14) sulfur recovery
				plants;
(15) carbon black plants
				(furnace process);
(16) primary
				lead smelters;
(17) fuel conversion
				plants;
(18) sintering
				plants;
(19) secondary metal
				production plants;
(20) chemical
				process plants;
(21) fossil-fuel
				boilers (or combination thereof) totaling more than 250 million British thermal
				units per hour heat input;
(22)
				petroleum storage and transfer units with a total storage capacity exceeding
				300,000 barrels;
(23) taconite ore
				processing plants;
(24) glass fiber
				processing plants;
(25) charcoal
				production plant;
(26)
				fossil-fuel-fired steam electric plants of more than 250 million British
				thermal units per hour heat input; or
(27) all other stationary source categories
				regulated by a standard promulgated under Section 111 or 112 of the Federal
				Act, but only with respect to those air pollutants that have been regulated for
				that category
(c) A major
				stationary source as defined in part D of Title I of the Federal Act, including
				the following:
(1) for ozone nonattainment
				areas, sources with the potential to emit 100 tpy or more of volatile organic
				compounds or oxides of nitrogen in areas classified as "marginal" or
				"moderate", 50 tpy or more in areas classified as "serious", 25 tpy or more in
				areas classified as "severe", and 10 tpy or more in areas classified as
				"extreme"; except that the references in this paragraph to 100, 50, 25 and 10
				tpy of nitrogen oxides shall not apply with respect to any source for which the
				Administrator has made a finding under Section 182(f) (1) or (2) of the Federal
				Act, that requirements under Section 182(f) of the Federal Act do not
				apply;
(2) for ozone transport
				regions established pursuant to Section 184 of the Federal Act, sources with
				the potential to emit 50 tpy or more of volatile organic compounds;
(3) for carbon monoxide nonattainment areas:
(a) that are classified as "serious",
				and
(b) in which stationary sources
				contribute significantly to carbon monoxide levels as determined under rules
				issued by the Administrator, sources with the potential to emit 50 tpy or more
				of carbon monoxide; and
(4) for particulate matter (PM10)
				nonattainment areas classified as "serious", sources with the potential to emit
				70 tpy or more of PM10.
(18) Permit Board means the Mississippi
				Environmental Quality Permit Board.
(19) Permit modification means a revision to
				a Title V permit that meets the requirements of Rule
				6.4.E as distinguished from an
				administrative amendment.
(20)
				Permit program cost means all reasonable direct and indirect costs required to
				develop and administer the Title V permit program, as authorized by State law
				and set forth in Miss. Code Ann. §
										49-17-14.
(21) Permit revision means any permit
				modification or administrative permit amendment.
(22) Potential to emit means the maximum
				capacity of a stationary source to emit any air pollutant under its physical
				and operational design consistent with
				40 CFR
				52.21. Any physical or operational limitation
				on the capacity of a source to emit an air pollutant, including air pollution
				control equipment and restrictions on hours of operation or on the type or
				amount of material combusted, stored, or processed, shall be treated as part of
				its design if the limitation is established in a construction permit required
				by the EPA approved Mississippi SIP for New Source Review (NSR) or a Title V
				permit. This term does not alter or affect the use of this term for any other
				purposes under the Federal Act, or the term "capacity factor" as used in Title
				IV of the Federal Act or the regulations promulgated thereunder.
(23) Proposed permit means the version of a
				recommended permit that the DEQ proposes to be issued and forwards to the
				Administrator for review in compliance with Rule
				6.5.
(24) Regulated air pollutant includes the
				following:
(a) nitrogen oxides or any volatile
				organic compounds;
(b) any
				pollutant for which a national ambient air quality standard has been
				promulgated;
(c) any pollutant that
				is subject to any standard promulgated under Section 111 of the Federal
				Act;
(d) any class I or II
				substance subject to a standard promulgated under or established by Title VI of
				the Federal Act; or
(e) any
				pollutant subject to a standard promulgated under Section 112 or other
				requirements established under Section 112 of the Federal Act, including
				Sections 112(g), (j), and (r) of the Federal Act, including the following:
(1) any pollutant subject to requirements
				under Section 112(j) of the Federal Act (if the Administrator fails to
				promulgate a standard by the date established pursuant to Section 112(e) of the
				Federal Act, any pollutant for which a subject source would be major shall be
				considered to be regulated on the date 18 months after the applicable date
				established pursuant to Section 112(e) of the Federal Act); and
(2) any pollutant for which the requirements
				of Section 112(g)(2) of the Federal Act have been met, but only with respect to
				the individual source subject to Section 112(g)(2) requirements.
(25) Renewal means the
				process by which a permit is reissued at the end of its term.
(26) Responsible official means as follows:
(a) for a corporation: a president,
				secretary, treasurer, or vice-president of the corporation in charge of a
				principal business function, or any other person who performs similar policy or
				decision-making functions for the corporation, or a duly authorized
				representative of such person if the representative is responsible for the
				overall operation of one or more manufacturing, production, or operating
				facilities applying for or subject to a permit and either:
(1) the facilities employ more than 250
				persons or have gross annual sales or expenditures exceeding $25 million (in
				second quarter 1980 dollars); or
(2) the delegation of authority to such
				representative is approved in advance by the DEQ;
(b) for a partnership or sole proprietorship:
				a general partner or the proprietor, respectively;
(c) for a municipality, state, federal, or
				other public agency: either a principal executive officer or ranking elected
				official (for the purposes of these regulations, a principal executive officer
				of a Federal agency includes the chief executive officer having responsibility
				for the overall operations of a principal geographic unit of the agency (e.g.,
				a Regional Administrator of EPA); or
(d) for affected sources:
(1) the designated representative in so far
				as actions, standards, requirements, or prohibitions under Title IV of the
				Federal Act or the regulations promulgated thereunder are concerned;
				and
(2) the designated
				representative for any other purposes under Title V.
(27) Section 502(b)(10) changes
				are changes that contravene an express permit term. Such changes do not include
				changes that would violate applicable requirements or contravene federally
				enforceable permit terms and conditions that are monitoring (including test
				methods), recordkeeping, reporting, or compliance certification
				requirements.
(28) State Law means
				the Mississippi Air and Water Pollution Control Law, specifically, Section
				49-17-1 through
				49-17-43 of the Mississippi Code
				of 1972, and any subsequent amendments.
(29) Stationary source means any building,
				structure, facility, or installation that emits or may emit any regulated air
				pollutant or any pollutant listed under Section 112(b) of the Federal
				Act.
(30) Sources or facilities
				required to hold Title V permits means all major sources and all other Title V
				sources beginning either five (5) years after full implementation of the Title
				V program in Mississippi or such other time as specified by EPA, whichever is
				later.
(31) Subject to regulation
				means, for any air pollutant, that the pollutant is subject to either a
				provision in the Clean Air Act, or a nationally-applicable regulation codified
				by the Administrator in subchapter C of 40 CFR Chapter I, that requires actual
				control of the quantity of emissions of that pollutant, and that such a control
				requirement has taken effect and is operative to control, limit or restrict the
				quantity of emissions of that pollutant released from the regulated activity.
				Except that:
(a) Greenhouse gases (GHGs), the
				air pollutant defined as the aggregate group of six greenhouse gases: carbon
				dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and
				sulfur hexafluoride, shall not be subject to regulation unless, as of July 1,
				2011, the GHG emissions are at a stationary source emitting or having the
				potential to emit 100,000 tpy of CO2e equivalent
				emissions.
(b) The term tpy
				CO2 equivalent emissions (CO2e)
				shall represent an amount of GHGs emitted, and shall be computed by multiplying
				the mass amount of emissions (tpy), for each of the six greenhouse gases in the
				pollutant GHGs, by the gas's associated global warming potential published at
				Table A-l to Subpart A of 40 CFR Part 98 -Global Warming Potentials, and
				summing the resultant value for each to compute a tpy
				CO2e.
(32) Title V means the air operating permit
				program mandated in Title V of the 1990 amendments to the federal Clean Air
				Act, codified in 42 U.S.C.
				§
											7661.
(33) Title V permit means any permit or group
				of permits covering a Title V source that is issued, renewed, amended, or
				revised pursuant to these regulations.
(34) Title V sources include the following:
(a) any major source;
(b) any source, including an area source,
				subject to a standard, limitation or other requirement under Section 111 of the
				Federal Act;
(c) any source,
				including an area source, subject to a standard or other requirement under
				Section 112 of the Federal Act, except that a source is not required to obtain
				a permit solely because it is subject to regulations or requirements under
				Section 112(r) of the Federal Act;
(d) any affected source; and
(e) any source in a source category
				designated by the Administrator pursuant to this section.