reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 1 - Mississippi Commission on Environmental Quality, Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants › Rule 11-2-1.8 - Provisions for Hazardous Air Pollutants

Current through June 25, 2024
A. Hazardous Air
				Pollutant Emission Standards
Hazardous air pollutant emission standards are National
				  Emission Standards for Hazardous Air Pollutants duly promulgated by the U. S.
				  Environmental Protection Agency in (or to be printed in) 40 C.F.R. Part 61
				  pursuant to Section 112 of the Federal Clean Air Act, as amended; National
				  Emission Standards for Hazardous Air Pollutants for Source Categories duly
				  promulgated by the U.S. Environmental Protection Agency in (or to be printed
				  in) 40 C.F.R. Part 63 pursuant to Section 112 of the Federal Clean Air Act, as
				  amended; and Consolidated Federal Air Rule provisions duly promulgated by the
				  U.S. Environmental Protection Agency in (or to be printed in) 40 C.F.R. Part
				  65. All such regulations promulgated by the U.S. Environmental Protection
				  Agency as of February 2, 2018, are incorporated herein and adopted by reference
				  by the Commission as official regulations of the State of Mississippi and shall
				  hereafter be enforceable as such (except the word "Administrator" in said
				  standards and general implementing regulations shall be replaced by the words
				  "Executive Director" and the word "Agency" shall be replaced by the word
				  "Department"). Hereafter, any facility subject to the National Emission
				  Standards for Hazardous Air Pollutants and/or the National Emission Standards
				  for Hazardous Air Pollutants for Source Categories shall comply with the
				  emission limitations and other requirements of said standards.
B. National Emission Standards for
				Hazardous Air Pollutants; Compliance Extensions for Early Reductions.
The National Emission Standards for Hazardous Air Pollutants:
				  Compliance Extensions for Early Reductions are regulations duly promulgated by
				  the U.S. Environmental Protection Agency in (or to be printed in) 40 C.F.R.
				  Part 63 pursuant to Section 112 of the Federal Clean Air Act, as amended. All
				  such regulations promulgated by the U.S.
Environmental Protection Agency are incorporated herein and
				  adopted by reference by the Commission as official regulations of the State of
				  Mississippi and shall hereafter be enforceable as such.
C. Case by Case Maximum Achievable Control
				Technology Requirements.
The Mississippi Pollution Control Permit Board, in accordance
				  with Title 11, Part 2, Chapter 2, may require emissions limitations necessary
				  to meet case by case maximum achievable control technology ("MACT")
				  requirements in accordance with Section 112(j) and (g) of the Federal
				  Act.
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 1 - Mississippi Commission on Environmental Quality, Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants › Rule 11-2-1.10 - Provisions for Upsets, Startups, and Shutdowns

Current through June 25, 2024
A.
				Upsets
(1) For an upset defined in Rule
				1.2, the Commission may pursue an
				enforcement action for noncompliance with an emission standard or other
				requirement of an applicable rule, regulation, or permit. In determining
				whether to pursue enforcement action, and/or the appropriate enforcement action
				to take, the Commission may consider whether the source has demonstrated
				through properly signed contemporaneous operating logs or other relevant
				evidence the following:
(a) an upset occurred
				and that the source can identify the cause(s) of the upset;
(b) the source was at the time being properly
				operated;
(c) during the upset the
				source took all reasonable steps to minimize levels of emissions that exceeded
				the emission standard or other requirement of an applicable rule, regulation,
				or permit;
(d) that within 5
				working days of the time the upset began, the source submitted a written report
				to the Department describing the upset, the steps taken to mitigate excess
				emissions or any other noncompliance, and the corrective actions taken
				and;
(e) that as soon as
				practicable but no later than 24 hours of becoming aware of an upset that
				caused an immediate adverse impact to human health or the environment beyond
				the source boundary or caused a general nuisance to the public, the source
				provided notification to the Department.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 1 - Mississippi Commission on Environmental Quality, Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants › Rule 11-2-1.11 - 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.
				  §§
										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 1 - Mississippi Commission on Environmental Quality, Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants › Rule 11-2-1.13 - Provisions for Existing Commercial and Industrial Solid Waste Incineration Units

Current through June 25, 2024
A. Emission
				Standards. Provisions under this paragraph that apply to existing commercial
				and industrial solid waste incineration (CISWI) units are the requirements that
				are contained in
				40
				CFR 60.2575 through
				60.2875.
				All such requirements are hereby adopted by reference by the Commission as
				official regulations of the State of Mississippi and shall hereafter be
				enforceable as such.
B.
				Applicability. The requirements of Rule 1.13 shall apply to each existing
				commercial and industrial solid waste incineration unit that commenced
				construction on or before November 30, 1999 and meets the following criteria:
(1) Commercial and industrial solid waste
				incineration (CISWI) unit means any combustion device that combusts commercial
				and industrial waste. The boundaries of a CISWI unit are defined as, but not
				limited to, the commercial or industrial solid waste fuel feed system, grate
				system, flue gas system, and bottom ash. The CISWI unit does not include air
				pollution control equipment or the stack. The CISWI unit boundary starts at the
				commercial and industrial solid waste hopper (if applicable) and extends
				through two areas:
(a) the combustion unit
				flue gas system, which ends immediately after the last combustion chamber
				and
(b) the combustion unit bottom
				ash system, which ends at the truck loading station or similar equipment that
				transfers the ash to final disposal. It includes all ash handling systems
				connected to the bottom ash handling system.
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 11-2-2.3 - Application for Permit to Construct and State Permit to Operate New Stationary Source

Current through June 25, 2024
A. All engineering plans and specifications required by DEQ must bear the signature, registration number, and seal of a professional engineer registered in the State of Mississippi.
B. Information Required.
(1) The Permit Board may require each application for a permit to construct a new stationary source be accompanied by two (2) complete sets of site drawings, construction drawings, design calculations and specifications.
(2) Upon request by the Permit Board, the applicant shall furnish any additional information necessary to evaluate the design adequacy of the new stationary source.
(3) The Permit Board may require the applicant to predict the impact of emissions on air quality using air quality models as referenced in Rule 2.5.B. herein.
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 11-2-2.6 - Compliance Testing

Current through June 25, 2024
A. Where compliance testing is required in any permit, it shall be performed as provided herein. The Permit Board may require in any permit the installation of sampling ports with safe access and the installation, maintenance and use of monitoring equipment.
B. Requirements.
(1) The emissions sampling and analysis will be performed in accordance with EPA Test Methods and with any continuous emission monitoring requirements, if applicable, unless otherwise approved by the Permit Board and the EPA. The Permit Board may establish an appropriate method for deviation from a test method.
(2) In the event there is no applicable EPA Test Method or method required by Applicable Rules and Regulations, the Permit Board may specify an appropriate test method, taking into consideration any test methodology proposed by the applicant.
(3) The results of the emissions sampling and analysis shall be expressed both in units consistent with the emission standards as set forth in any Applicable Rules and Regulations and in units of mass per time.
(4) Compliance testing will be performed at the expense of the applicant.
(5) The Permit Board may monitor compliance tests and perform compliance tests. Proper notification of compliance tests shall be provided to the Permit Board in accordance with Applicable Rules and Regulations or as specified in the applicable permit.
(6) The emissions sampling and analysis report shall include but not be limited to the following:
(a) a detailed description of testing procedures;
(b) sample calculations;
(c) results; and
(d) a comparison of results to all Applicable Rules and Regulations and to emission limitations in the permit.
(7) Unless otherwise specified in Applicable Rules and Regulations or by a condition of a permit issued by the Permit Board, compliance testing must be performed when the stationary source is operating at capacity and is otherwise operating normally. In the event that a demonstration of compliance by testing is performed at less than capacity, the Permit Board may modify the permit to limit capacity of the stationary source to the rate at which compliance was demonstrated if the Permit Board determines the rate was not representative of the normal operation of the stationary source or compliance with Applicable Rules and Regulations was not demonstrated. In the event that the stationary source is not operating or being operated normally during a demonstration of compliance by testing, the results of such testing will not be accepted by the Permit Board as representative of normal operation and will be considered inadequate.
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 11-2-2.7 - Emissions Evaluation Report

Current through June 25, 2024
Where emissions evaluation reporting is required in any permit, acceptable mathematical methods to demonstrate control adequacy shall include but not be limited to the following:
A. An emission inventory including:
(1) location and description of control equipment at each point source;
(2) determination of all possible pollutants at each point source (characteristics, conditions, particle size distribution, etc.);
(3) listing of all stack parameters at each point of emission; and
(4) detailed description of input material (e.g., percent sulfur content, percent moisture, average BTU heating value, input rate, etc.); and
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 11-2-2.8 - Procedures For Renewal Of State Permit To Operate

Current through June 25, 2024
A. A State Permit to Operate shall expire five (5) years from the effective date of said permit or within any shorter period of time deemed appropriate by the Permit Board and stated in the State Permit to Operate when issued.
B. Not less than one hundred and eighty (180) days prior to the expiration date of the State Permit to Operate, the applicant shall make application for renewal of a State Permit to Operate if the applicant desires to continue operation of that stationary source. If the applicant submits a timely and complete application pursuant to this paragraph and the Permit Board, through no fault of the applicant, fails to act on the application on or before the expiration date of the existing permit, the applicant shall continue to operate the stationary source under the terms and conditions of the expired permit which shall remain in effect until final action on the application is taken by the Permit Board.
C. The application for renewal of a State Permit to Operate shall be substantiated with current emissions data, test results or reports, or other data as deemed necessary.
D. Renewal of the State Permit to Operate shall comply with the public participation procedures of Rule 2.4.C., as applicable.
Miss. Code Ann. §§
										49-2-9 (1)(b),  49-17-17,  49-17-28,  49-17-29,  49-17-30,  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 2 - Mississippi Commission on Environmental Quality, Permit Regulations for the Construction and/or Operation of Air Emissions Equipment › Rule 11-2-2.9 - Reporting and Recordkeeping

Current through June 25, 2024
The Permit Board may require in any permit the maintenance of records relating to the operation of air contamination sources, and any authorized representatives of the Commission may examine and copy any such records pertaining to the operation of such air contaminant source. Copies of such records shall be submitted to the Permit Board as required by Applicable Rules and Regulations or the permit or upon request.
Miss. Code Ann. §§
										49-2-9 (1)(b),  49-17-17,  49-17-28,  49-17-29,  49-17-30,  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 2 - Mississippi Commission on Environmental Quality, Permit Regulations for the Construction and/or Operation of Air Emissions Equipment › Rule 11-2-2.10 - Emission Reduction Schedule

Current through June 25, 2024
A. In accordance with 11 Miss. Admin. Code Pt. 2, Ch. 3., it is the responsibility of each and every stationary source with actual emissions in excess of 0.25 tons per day of total air contaminants, and other significant sources, to have a Commission-approved emissions reduction schedule which shall set forth preplanned abatement strategies in the event of an emergency episode.
B. Required Information.
(1) The emissions reduction schedule must have three stages of reduction procedures:
(1) alert level reduction;
(2) warning level reduction; and
(3) emergency level reduction.
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 11-2-2.12 - Multi-Media Permits

Current through June 25, 2024
A. The Permit Board may issue a multi-media permit incorporating a permit to construct air emissions equipment and/or a State Permit to Operate such equipment. Issuance of a multimedia permit shall comply with the public participation procedures of Rule 2.4.C., as applicable.
B. For purpose of these regulations, a multi-media permit incorporating a permit to construct shall be the same as a permit to construct. The procedures for applying for such a multimedia permit and the standards applicable to such a permit follow those for a permit to construct. These procedures and standards are found in Rules 2.1 through 2.10.
C. For purpose of these regulations, a multi-media permit incorporating a State Permit to Operate shall be the same as a State Permit to Operate. The procedures for applying for such a multi-media permit and the standards applicable to such a permit follow those for a State Permit to Operate. These procedures and standards are found in Rule 2.1 through 2.4 and 2.6.
D. For purpose or these regulations, a multi-media general permit incorporating a permit to construct and/or a State Permit to Operate combined with certificate of coverage shall be the same as a permit to construct and/or a State Permit to Operate. The procedures for applying for coverage follow those for a general permit to construct and operate. These procedures are found in Rules 2.5 and 2.11 of these regulations.
E. Any stationary source or facility obtaining a multi-media permit under these provisions is subject to the permitting requirements found in Rule 2.1.C. of these regulations.
Miss. Code Ann. §§
										49-2-9 (1)(b),  49-17-17,  49-17-28,  49-17-29,  49-17-30,  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 2 - Mississippi Commission on Environmental Quality, Permit Regulations for the Construction and/or Operation of Air Emissions Equipment › Rule 11-2-2.13 - Exclusions

Current through June 25, 2024
A. New Source Permit to Construct. Any new "Greenfield" stationary source must obtain a permit to construct except as excluded in D. or E.
B. Compliance with Other Applicable Requirements. Exclusions from permit requirements does not exclude anyone from complying with all other applicable requirements and regulations.
C. Maintenance of Emissions Records. Stationary sources excluded from the requirement for a permit to construct and/or State Permit to Operate must maintain records of any emissions associated with any excluded activities and report that to DEQ upon request. Indirect measurements of emissions are allowable for these recordkeeping requirements.
D. Categorical Exclusions from Both Permit to Construct and Operate. The following are excluded from the requirement for a permit to construct and a permit to operate:
(1) Residential heating, cooking, or cleaning devices.
(2) Residential yard and garden equipment.
(3) Mobile sources.
(4) Air conditioning, space heating, or ventilating systems not uniquely designed or operated in a manner to remove air contaminants generated by or released from equipment.
(5) Stationary sources, other than incinerators or CAFOs, which have potential uncontrolled emissions less than 10 tons per year (TPY) of PM10, SO2, NOx, CO and VOC, as determined for each pollutant; less than 1.0 TPY of each hazardous air pollutant (HAP); and less than 2.5 TPY of all HAPs combined.
(6) Feed milling facilities which mill, formulate, or otherwise prepare animal feed products for direct local retail sale solely in prepackaged form and are not associated with a grain elevator. Milling facilities engaged in preparing feed products for wholesale distribution and/or bulk sale are not included in this exclusion.
(7) Sawmills/woodworking plants which do not have drying kilns onsite and process less than 25,000 board feet/day.
(8) Any equipment used exclusively for preparation of food for direct retail sale at a restaurant, cafeteria, bakery, or food service.
(9) Auto body shops with only one (1) paint spray booth and with substantial portions of business devoted to repainting entire vehicles or collision repairs.
(10) Surface sand and/or gravel mining operations which do not utilize rock crushers, pneumatic conveyors, or dust collectors.
(11) Recreational heaters.
(12) Gasoline service stations with no more than 17 refueling positions.
(13) Retail propane filling operations.
(14) Outdoor kerosene heaters.
(15) Refrigeration systems.
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 11-2-2.14 - CAFOs

Current through June 25, 2024
Concentrated animal feeding operations (CAFOs) are not excluded from the requirements for a permit or any other provisions of these regulations. CAFOs issued a National Pollutant Discharge Elimination System permit or a state water pollution control permit prior to January 18, 2000, are required to submit an application for a permit to construct and/or operate or a multimedia permit in compliance with the provisions of these regulations at least 180 days prior to the expiration of the facility's NPDES permit or state water pollution control permit that was issued prior to the effective date of these regulations. Multimedia permits may be issued by the Permit Board as new permits or as a modification of an existing National Pollutant Discharge Elimination System or state water pollution control permit but all provisions and procedures of these regulations are applicable. The Permit Board on its own initiative or at the request of DEQ, may require any existing or new animal feeding operation or concentrated animal feeding operation to obtain a multimedia permit, including provisions regarding air emissions and/or odor control.
Miss. Code Ann. §§
										49-2-9 (1)(b),  49-17-17,  49-17-28,  49-17-29,  49-17-30,  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 2 - Mississippi Commission on Environmental Quality, Permit Regulations for the Construction and/or Operation of Air Emissions Equipment › Rule 11-2-2.16 - Permit Transfer

Current through June 25, 2024
A. "Transfer" shall mean any sale, conveyance, or assignment of the rights held by the applicant in any permit issued pursuant to these Regulations which meets the conditions of both (1) and (2) below:
(1) There is a 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. A new majority owner for purposes of this provision shall be an individual, partnership, company, or group of affiliated companies.
(2) The change in the ultimate ownership of the permit holder involves the parent, grandparent, or great-grandparent company.
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 11-2-2.17 - 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. §§
										49-2-9 (1)(b),  49-17-17,  49-17-28,  49-17-29,  49-17-30,  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 3 - Mississippi Commission on Environmental Quality, Regulations for the Prevention of Air Pollution Emergency Episodes (Adopted May 8, 1970, Last Amended April 25, 1988) › Rule 11-2-3.1 - General Authority

Current through June 25, 2024
Pursuant to the authority granted by Section
				  49-17-17,
				  Mississippi Code of 1972, Recompiled, the following regulations are adopted to
				  prevent the excessive buildup of air pollutants during air pollution episodes,
				  thereby preventing the occurrence of an emergency due to the effects of these
				  pollutants on the health of persons.
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 3 - Mississippi Commission on Environmental Quality, Regulations for the Prevention of Air Pollution Emergency Episodes (Adopted May 8, 1970, Last Amended April 25, 1988) › Rule 11-2-3.2 - Definitions

Current through June 25, 2024
A. "Air Standards." The maximum allowable
				concentration of any air contaminant existing in the ambient air during a
				stated period of time, as adopted by the Commission.
B. "Director." The Director of the
				Mississippi Department of Natural Resources.
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 3 - Mississippi Commission on Environmental Quality, Regulations for the Prevention of Air Pollution Emergency Episodes (Adopted May 8, 1970, Last Amended April 25, 1988) › Rule 11-2-3.3 - Episode Criteria

Current through June 25, 2024
Conditions justifying the proclamation of an air pollution
				  alert, air pollution warning, or air pollution emergency shall be deemed to
				  exist whenever the Director determines that the accumulation of air pollutants
				  in any place is attaining or has attained levels which could if such levels are
				  sustained or exceeded, lead to a substantial threat to the health of persons.
				  In making this determination, the Director will be guided by the following
				  criteria:
A. "Air Pollution Forecast":
				An internal watch by the Office of Pollution Control shall be actuated by a
				National Weather Service advisory that Atmospheric Stagnation Advisory is in
				effect or the equivalent local forecast of stagnant atmospheric
				condition.
B. "Alert": The Alert
				level is that concentration of pollutants at which first stage control actions
				are to begin. An Alert will be declared when any one of the following levels is
				reached at any monitoring site:
(1) The
				SO2 level is equal to or greater than 0.3 ppm (800
				[MICRO]g/m3) for a 24-hour average.
(2) The PM10 level is
				equal to or greater than 350 [MICRO]g/m3 for a
				24-hour average.
(3) The CO level
				is equal to or greater than 15 ppm (17 mg/m3) for an
				8-hour average.
(4) The ozone
				(O3) level is equal to or greater than 0.2 ppm (400
				[MICRO]g/m3) for 1-hour average.
(5) The NO2 level is
				equal to or greater than 0.6 ppm (1130 [MICRO]g/m3)
				for a 1-hour average or 0.15 ppm (282 [MICRO]g/m3)
				for a 24-hour average.
(6) In
				addition to the levels listed for the above pollutants, meteorological
				conditions are such that pollutant concentrations can be expected to remain at
				the above levels for twelve (12) or more hours or increase, or in the case of
				ozone, the situation is likely to reoccur within the next 24-hours unless
				control actions are taken.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 3 - Mississippi Commission on Environmental Quality, Regulations for the Prevention of Air Pollution Emergency Episodes (Adopted May 8, 1970, Last Amended April 25, 1988) › Rule 11-2-3.5 - Emergency Orders

Current through June 25, 2024
A. Following are
				emergency orders which may be appropriate for use by the Director upon his
				declaration that an Air Pollution Emergency Episode exists for any air
				contaminants for which air standards have been adopted:
(1) Air Pollution Alert
(a) Any one or combination of air
				contaminants:
(1) Any person responsible for
				the operation of a source of air contaminants as set forth in Rule 3.4.B. shall
				take all AIR POLLUTION ALERT actions as required for such source of air
				contamination, and shall particularly put into effect the emission control
				action programs for an AIR POLLUTION ALERT.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 4 - Mississippi Commission on Environmental Quality, Ambient Air Quality Standards (Adopted February 9, 1983, Amended June 22, 1988, June 27, 2002, and Last Amended October 24, 2013) › Rule 11-2-4.1

Current through June 25, 2024
Except for odor, as covered below, the ambient air quality
				  standards for Mississippi shall be the Primary and Secondary National Ambient
				  Air Quality Standards as duly promulgated by the U.S. Environmental Protection
				  Agency in (or to be printed in) 40 CFR Part 50, pursuant to the Federal Clean
				  Air Act, as amended. All such standards promulgated by the U.S. Environmental
				  Protection Agency as of September 6, 2013, are hereby adopted and incorporated
				  herein by the Commission by reference as the official ambient air quality
				  standards of the State of Mississippi and shall hereafter be enforceable as
				  such (except that the word "Administrator" in said standards shall be replaced
				  by the words "Executive Director" and the word "Agency" in said standards shall
				  be replaced by the word "Department").
There shall be no odorous substances in the ambient air in
				  concentrations sufficient to adversely and unreasonably:
A. affect human health and
				well-being;
B. interfere with the
				use or enjoyment of property; or
C.
				affect plant or animal life.
In determining that concentrations of such substances in the
				  ambient air are adversely and unreasonably affecting human well-being or the
				  use or enjoyment of property of plant or animal life, the factors to be
				  considered by the Commission will include, without limiting the generality of
				  the foregoing, the number of complaints or petitioners alleging that such a
				  condition exists, the frequency of the occurrence of such substances in the
				  ambient air as confirmed by the Department of Environmental Quality staff, and
				  the land use of the affected area.
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 5 - Mississippi Commission on Environmental Quality, Regulations for the Prevention of Significant Deterioration of Air Quality › Rule 11-2-5.1

Current through June 25, 2024
The purpose of this regulation is to implement a program for the prevention of significant deterioration of air quality as required by  40 C.F.R. §
										51.166. This regulation supersedes and replaces the previous adoption of Title 11, Part 2, Chapter 5, "Regulations for the Prevention of Significant Deterioration of Air Quality." "C.F.R." refers to the Code of Federal Regulations.
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 5 - Mississippi Commission on Environmental Quality, Regulations for the Prevention of Significant Deterioration of Air Quality › Rule 11-2-5.2

Current through June 25, 2024
Other than the subsections listed below and except for the changes set forth in Rule 5.3 of this regulation, the provisions of  40 C.F.R. §
										52.21, as amended and promulgated by [Start date of public notice], 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. The following subsections of  40 C.F.R. §
										52.21  are excluded from this regulation:
A. (a)(1) [Plan disapproval],
B. (q) [Public Participation],
C. (s) [Environmental Impact Statements],
D. (u) [Delegation of authority], and
E. (cc) [Routine maintenance, repair, and replacement]
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 5 - Mississippi Commission on Environmental Quality, Regulations for the Prevention of Significant Deterioration of Air Quality › Rule 11-2-5.3

Current through June 25, 2024
The term "Administrator" as it appears in  40 C.F.R. §
										52.21  shall mean the Mississippi Environmental Quality Permit Board, except that:
A. In subparagraph (b)(3)(iii) [relating to "net emissions increase"], it shall mean either the Mississippi Environmental Quality Permit Board or the Administrator of the United States Environmental Protection Agency (USEPA).
B. In the following subsections, it shall continue to mean the Administrator of the USEPA:
(1) (b)(17) [definition of "federally enforceable"];
(2) paragraph b(37)(i);
(3) paragraph b(43);
(4) paragraph b(48)(ii)(c);
(5) paragraph b(50)(i);
(6) paragraph b(51);
(7) (g)(1) -(g)(6) [Redesignation];
(8) (1)(2) [Air quality models];
(9) (p)(2) [concerning Federal Land Manager]; and
(10) (t) [Disputed permits or redesignations].
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 5 - Mississippi Commission on Environmental Quality, Regulations for the Prevention of Significant Deterioration of Air Quality › Rule 11-2-5.4

Current through June 25, 2024
Subsection  40 CFR 51.166(f)"Exclusions from Increment Consumption" (excluding the phrase "The plan may provide that"), as amended and promulgated by [Start date of public notice], is incorporated herein and adopted by reference, except for the changes set forth below:
A. The phrases "the plan provides that" and "it shall also provide that" are excluded from paragraph  40 CFR 51.166(f)(2), and
B. The term "Administrator" as it appears in  40 C.F.R. §
										51.166(f)  shall mean the Mississippi Environmental Quality Permit Board, except that the term "Administrator" as it appears in subparagraphs (f)(1)(v) and (f)(4) shall continue to mean the Administrator of the USEPA.
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 5 - Mississippi Commission on Environmental Quality, Regulations for the Prevention of Significant Deterioration of Air Quality › Rule 11-2-5.5

Current through June 25, 2024
The Executive Director of the Mississippi Department of Environmental Quality shall transmit to the Administrator of the USEPA a copy of each permit application filed under this regulation and shall notify the Administrator of the USEPA of each significant action the Executive Director takes on the application.
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 5 - Mississippi Commission on Environmental Quality, Regulations for the Prevention of Significant Deterioration of Air Quality › Rule 11-2-5.6

Current through June 25, 2024
This regulation applies to any stationary source or modification to which  40 CFR 52.21  applied as of the date of adoption of this regulation, but for which the Mississippi Environmental Quality Permit Board had not issued a permit pursuant to  40 C.F.R. §
										52.21  by that date.
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 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 11-2-6.2 - Permit Applications

Current through June 25, 2024
A. Duty to apply.
				For each Title V source, the owner or operator shall submit a timely and
				complete permit application in accordance with this rule.
(1) Timely application.
(a) A timely application for a source
				applying for a Title V permit for the first time is one that is submitted
				within 12 months after the source becomes subject to the permit program or on
				or before such earlier date as the Permit Board may establish. In the latter
				case, at least six (6) months time shall be given for application submittal
				from the time the Permit Board notifies the source of the early submittal
				requirement.
(b) Title V sources
				required to meet the requirements under Section 112(g) of the Federal Act or to
				have a permit under the preconstruction review and construction permit
				requirements of Commission Regulation Miss. Admin. Code, Title 11, Part 2,
				Chapter 2, Permit Regulations for the Construction and/or Operation of Air
				Emissions Equipment shall file a complete application to obtain the Title V
				permit or permit revision within 12 months after commencing operation or on or
				before such earlier date as the Permit Board may establish. Where an existing
				Title V permit would prohibit such construction or change in operation, the
				source must obtain a permit revision before commencing operation.
(c) For purposes of permit renewal, a timely
				application is one that is submitted at least 6 months prior to the date of
				permit expiration.
(d) Applications
				for initial phase II acid rain permits shall be submitted to the DEQ by January
				1, 1996, for sulfur dioxide, and by January 1, 1998, for nitrogen
				oxides.
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 11-2-6.3 - Permit Content

Current through June 25, 2024
A. Standard permit
				requirements. Each permit issued under these regulations shall include the
				following requirements.
(1) Emission
				limitations and standards, including those operational requirements and
				limitations that assure compliance with all applicable requirements at the time
				of permit issuance.
(a) The permit shall
				specify and reference the origin of and authority for each term or condition,
				and identify any difference in form as compared to the applicable requirement
				upon which the term or condition is based.
(b) The permit shall state that, where an
				applicable requirement of the Federal Act is more stringent than an applicable
				requirement of regulations promulgated under Title IV of the Federal Act, both
				provisions shall be incorporated into the permit and shall be enforceable by
				the Administrator and the Commission.
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 11-2-6.4 - Permit Issuance(s), Renewal(s), Reopening(s), And Revision(s)

Current through June 25, 2024
A. Action on
				application.
(1) A permit, permit
				modification, or renewal may be issued only upon satisfaction of the conditions
				that follow:
(a) the DEQ has received a
				complete application for a permit, permit modification, or permit renewal,
				except that a complete application need not be received before issuance of a
				general permit under Rule
				6.3.D of these regulations;
(b) except for modifications qualifying for
				minor permit modification procedures under this section, the DEQ has complied
				with the requirements for public participation under this section;
(c) the DEQ has complied with the
				requirements for notifying and responding to Affected State(s) under Rule
				6.5.B of these regulations;
(d) the conditions of the permit provide for
				compliance with all applicable requirements and the requirements of these
				regulations; and
(e) the
				Administrator has received a copy of the proposed permit and any notices
				required under Rule
				6.5.A. and Rule
				6.5.B. of these regulations, and has
				not objected to issuance of the permit under Rule
				6.5.C. of these regulations within the
				time period specified therein.
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 11-2-6.5 - Permit Review by EPA and Affected State(s)

Current through June 25, 2024
A. Transmission of
				information to the Administrator.
(1) The DEQ
				shall provide to the Administrator a copy of each permit application (including
				any application for permit modification), each proposed permit and each final
				Title V permit. The applicant may be required by the Permit Board to provide a
				copy of the permit application (including the compliance plan) directly to the
				Administrator. Upon agreement with the Administrator, the DEQ may submit to the
				Administrator a permit application summary form and any relevant portion of the
				permit application and compliance plan, in place of the complete permit
				application and compliance plan. To the extent practicable, the preceding
				information shall be provided in computer-readable format compatible with EPA's
				national database management system.
(2) The DEQ shall keep such records for 5
				years and submit to the Administrator such information as the Administrator may
				reasonably require.
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 11-2-6.6 - Program Fees

Current through June 25, 2024
A. Fees. The owner
				or operator of any stationary source that is required to hold a Title V permit
				shall pay to the Department an annual fee based on a fee schedule established
				by the Commission. The fee schedule for Title V program fees shall be set each
				year by order of the Commission in an amount sufficient to cover the costs of
				development and administration of the program. The Commission's order shall
				follow receipt of the annual report and recommendation of the Title V Advisory
				Council, if timely received, and completion of a public hearing held to receive
				comments regarding the proposed annual fee.
B. Fee System. Each owner or operator's
				annual Title V program fee shall be calculated and assessed according to the
				following:
(1) A portion of the fee shall be
				based on the source's annual quantity of emissions.
(a) Allowable emissions determined on the
				date of the fee calculation shall be used as the basis for this portion of the
				fee, except when the use of actual emissions is allowed under paragraph (b).
				Allowable emissions are those emissions limited by the Title V permit, as well
				as those emissions not expressly limited by the Title V permit but otherwise
				allowed by the permit, as represented in the Title V application (refer to
				R.6.2
				C.(3)).
(b) Actual emissions may be
				used as the basis for this portion of the fee if the owner or operator submits
				a report of the source's actual emissions for the previous calendar year by
				July 1. The report shall include, at a minimum, the completed annual fee
				reporting form provided by the Department and any calculations and supporting
				information used in completing the form. Supporting information shall include,
				but is not limited to, emissions monitoring data, direct emissions
				measurements, published emission factors, process data, or other data used to
				calculate the actual emissions reported on the annual fee reporting
				form.
(c) Notwithstanding
				paragraphs (a) and (b) above, when calculating this portion of the fee, a
				minimum annual fee shall be assessed according to the fee schedule established
				by the Commission.
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 11-2-6.8 - Effective Date

Current through June 25, 2024
The effective date of the amendments herein to 11 Miss.
				  Admin. Code, Pt. 2, Ch. 6, is September 1, 2022.
Miss. Code
				  Ann. §§
										49-2-9(1)(b),
				  49-17-17,
				  49-17-28,
				  49-17-29,
				  49-17-30,
				  49-17-32,
				  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 7 - Mississippi Commission on Environmental Quality Acid Rain Program Permit Regulations for Purposes of Title IV of the Federal Clean Air Act (Adopted November 17, 1994 Last Amended December 14, 2011) › Rule 11-2-7.1

Current through June 25, 2024
The Federal permit regulations applicable to facilities
				  affected by the requirements of Title IV of the Clean Air Act are those
				  regulations promulgated by the U.S. Environmental Protection Agency in (or to
				  be printed in) 40 CFR Parts 72 and 76. All such regulations duly promulgated by
				  the U.S. Environmental Protection Agency as of November 4, 2011, are
				  incorporated herein and adopted by reference by the Commission as official
				  regulations of the State of Mississippi and shall hereafter be enforceable as
				  such (the word "Administrator" in said regulations shall mean the Administrator
				  of the United States Environmental Protection Agency and the words "permitting
				  authority" shall mean "Mississippi Environmental Quality Permit Board").
In any case where the provisions or requirements of 40 CFR
				  Parts 72 and 76 conflict with or are not included in Commission Regulation,
				  Miss. Admin. Code, Title 11, Part 2, Chapter 6, Air Emissions Operating Permit
				  Regulations for the Purposes of Title V of the Federal Clean Air Act, the
				  provisions of 40 CFR Parts 72 and 76 shall apply and take
				  precedence.
Miss. Code Ann.
				  §§
										49-2-9(1)(b),
				  49-17-17,
				  49-17-28,
				  49-17-29,
				  49-2-1, et
				  seq. and 49-17-1, et seq.