11 Miss. Code. R. 2-1.1 - General

A. Authority. Pursuant to the authority granted by Miss. Code Ann. 49-17-17, the following regulations are adopted for the purpose of preventing, abating, and controlling air pollution caused by air contaminants being discharged into the atmosphere as particulates, smoke, fly ash, solvents, and other chemicals or combinations thereof.

B. Pursuant to 11 Miss. Admin. Code Pt. 1, Ch. 5, R. 5.1, the Mississippi Environmental Quality Permit Board ("Permit Board") shall ensure that at least a majority of the members of the Permit Board shall represent the public interest and shall not derive any significant portion of their income from persons subject to permits under the federal Clean Air Act or enforcement orders under the federal Clean Air Act.

C. Except as otherwise noted herein, stack emissions testing for demonstration of compliance with the regulations herein may be performed in accordance with the Test Methods of the U. S. Environmental Protection Agency in place at the time testing is performed or as otherwise approved by the staff of the Mississippi Office of Pollution Control and the U. S. Environmental Protection Agency.

(1) Notwithstanding this or any other provision in these or any other regulations, the owner or operator may use any credible evidence or information relevant to whether a source would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed, for the purpose of submitting compliance certifications.

(2) Notwithstanding any other provision in these or any other air pollution control regulations, any credible evidence or information relevant to whether a source would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed, can be used to establish whether or not a person has violated or is in violation of any standard or applicable requirement.

D. In the event of a conflict between any of the requirements of these regulations and/or applicable requirements of any other regulation or law, the more stringent requirements shall be applied.

Notes

11 Miss. Code. R. 2-1.1

Miss. Code Ann. §§ 49-2-9(1)(b), 49-17-17, 49-2-1, et seq. and 49-17-1, et seq.

Amended 12/20/2014 Amended 12/10/2016 Amended 6/24/2018