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 11-2-8.1 - Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act Section 112(g)

Current through June 25, 2024
A. Regulations for
				case-by-case maximum achievable control technology (MACT) applicable to
				facilities affected by the requirements of Section 112(g) of the Federal Clean
				Air Act are those regulations duly promulgated by the United States
				Environmental Protection Agency in (or to be printed in) Subpart B of Part 63
				of Title 40 of the Code of Federal Regulations (C.F.R.). All such regulations
				promulgated by United States Environmental Protection Agency are incorporated
				herein and adopted by reference by the Mississippi Commission on Environmental
				Quality as official regulations of the State of Mississippi and shall hereafter
				be enforceable as such except as follows:
(1)
				The "effective date of Section 112(g)(2)(b)" as defined in
				40
				C.F.R. 63.41 shall be the effective date of
				this regulation.
(2) The
				"permitting authority" as defined in
				40
				C.F.R. 63.41 shall be the "Mississippi
				Environmental Quality Permit Board" (Permit Board).
(3) The "Notice of MACT Approval" as defined
				in 40 C.F.R. 63.41 shall
				be the "Permit to Construct" pursuant to Commission Regulation, Miss. Admin.
				Code, Title 11, Part 2, Chapter 2, Permit Regulations for the Construction
				and/or Operation of Air Emissions Equipment, as adopted by the Mississippi
				Commission on Environmental Quality (Commission) and said Permit to Construct
				shall include the case-by-case MACT determination.
(4) In lieu of the administrative procedures
				for review of the Notice of MACT Approval as set forth in
				40
				C.F.R. 63.43(f)(1) through
				(5), the Permit Board will follow Commission
				Regulation, Miss. Admin. Code, Title 11, Part 2, Chapter 2, Permit Regulations
				for the Construction and/or Operation of Air Emissions Equipment, as adopted by
				the Commission.
(5) In lieu of the
				opportunity for public comment on the Notice of MACT Approval as set forth in
				40
				C.F.R. 63.43(h), the Permit
				Board will provide opportunity for public comment on information submitted by
				the owner or operator. The public information will include the Mississippi
				Department of Environmental Quality's (MDEQ's) analysis of the case-by-case
				MACT determination, including the MDEQ's recommendation for permit issuance or
				denial. The public information and opportunity for comment shall also include
				the following:
(a) availability for public
				inspection in at least one location in the area affected of the information
				submitted by the owner or operator and of MDEQ's recommendation and the draft
				permit;
(b) a 30-day period for
				submittal of public comment; and
(c) a notice, by prominent advertisement in
				the area affected, of the location of the source information.