11 Miss. Code. R. 2-2.1 - General Requirements

A. Replacement of Previous Regulation.

This regulation supersedes and replaces previously adopted "Permit Regulations for the Construction and/or Operation of Air Emissions Equipment," 11 Miss. Admin. Code Pt. 2, Ch. 2.

B. Definitions Incorporated by Reference.

The definitions set forth in the most recent version of "Regulations for the Prevention of Significant Deterioration of Air Quality," 11 Miss. Admin. Code Pt. 2, Ch. 5., are incorporated by reference and shall have the same definition in this Regulation, except for changes noted herein.

C. Definitions.

(1) "Applicable Rules and Regulations." Any Commission regulation concerning and/or affecting air emissions and air quality established pursuant to State Law.

(2) "CFR." The Code of Federal Regulations.

(3) "Commission." The Mississippi Commission on Environmental Quality.

(4) "Concentrated animal feeding operation" (CAFO). Any facility included within the definition of that term found at 40 CFR 122.23(b)(2).

(5) "De minimis NSR modification." Any modification in which the emissions increase of each regulated NSR pollutant is less than three-fourths of the threshold for a major modification using the same procedures for calculating the emissions increase as the procedures of 40 CFR 52.21(a)(2)(iv)(a) through (f) for calculating a significant emissions increase; and which is not one of the following types of modifications:

(a) a major modification;

(b) a moderate modification;

(c) a modification involving medical waste incineration or hazardous waste incineration;

(d) a modification meeting the definition of "constructing or reconstructing a major source of hazardous air pollutants" in the "Air Toxics Regulations," 11 Miss. Admin. Code Pt. 2, Ch. 8. and 40 CFR Part 63, Subpart B, and thereby requiring a case-by-case Maximum Achievable Control Technology (MACT) determination.

(6) "DEQ." The Mississippi Department of Environmental Quality.

(7) "EPA." The U.S. Environmental Protection Agency.

(8) "Federal Act." The Federal Clean Air Act as amended in 1990, and any subsequent amendments.

(9) "Hazardous air pollutant." A hazardous air pollutant (HAP), as listed in Section 112(b) of the Federal Act.

(10) "Light commercial area." An area zoned for commercial use, or, in the absence of any local zoning ordinances, an area predominantly used for wholesale and retail trade in goods and services.

(11) "Major Title V source." Any stationary source meeting the definition of a major source in the "Air Emissions Operating Permit Regulations for the Purposes of Title V of the Federal Clean Air Act," 11 Miss. Admin. Code Pt. 2, Ch. 6.

(12) "Minor stationary source." Any stationary source that is neither a major stationary source nor a moderate stationary source.

(13) "Moderate modification." Any modification in which the source is making federally enforceable physical and/or operational limitations on the capacity of the source in order to reduce the potential to emit and/or render one or more contemporaneous decreases federally enforceable to avoid major source requirements of 11 Miss. Admin. Code Pt. 2, Ch. 5. or Rule 2.5.E. of these regulations.

(14) "Moderate stationary source." Any new stationary source which makes federally enforceable physical and/or operational limitations on the capacity of the source in order to reduce the potential to emit to avoid major source requirements of 11 Miss. Admin. Code Pt. 2, Ch. 5. or Rule 2.5.E. of these regulations.

(15) "Modification." Any physical change in or change in the method of operation of a facility which increases the actual emissions or the potential uncontrolled emissions of any air pollutant subject to regulation under the Federal Act emitted into the atmosphere by that facility or which results in the emission of any air pollutant subject to regulation under the Federal Act into the atmosphere not previously emitted. A physical change or change in the method of operation shall not include:

(a) routine maintenance, repair, and replacement;

(b) use of an alternative fuel or raw material by reason of an order under Sections 2 (a) and (b) of the Federal Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

(c) use of an alternative fuel by reason of an order or rule under Section 125 of the Federal Act;

(d) use of an alternative fuel or raw material by a stationary source which:

(1) the source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 11 Miss. Admin. Code Pt. 2, Ch. 2. and/or Ch. 5.; or

(2) the source is approved to use under any permit issued under 11 Miss. Admin. Code Pt. 2, Ch. 2. and/or Ch. 5.;

(e) an increase in the hours of operation or in the production rate unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 11 Miss. Admin. Code Pt. 2, Ch. 2. or Ch. 5.; or

(f) any change in ownership of the stationary source.

(16) "Modified Permit." Any permit already effective which is altered substantively as a result of the Permit Board's determination of the need for such alteration. Alterations to correct typographical errors or to clarify requirements shall not be considered substantive changes and, therefore, are not modifications for the purposes of this definition.

(17) "NSR." New source review.

(18) "Permit Board." The Mississippi Environmental Quality Permit Board.

(19) "PSD." Prevention of Significant Deterioration.

(20) "Recreational area." Recreational area means:

(a) a national, state, county, or city park; or

(b) an outdoor recreational area, such as a golf course or swimming pool, owned by a city, county, state, or other public agency.

(21) "Regulated air pollutant." Any regulated NSR pollutant, any air pollutant subject to a standard promulgated under Section 112 or other requirements established under Section 112 of the Federal Act, and any other air pollutant for which there is a duly adopted state ambient air quality standard.

(22) "Residential area." Residential area means:

(a) a group of 20 or more single-family dwelling units on contiguous property and having an average density of two or more units per acre, or

(b) a group of 40 or more single-family dwelling units on contiguous property and having an average density of one or more units per acre, or

(c) a subdivision containing at least 20 constructed houses, in which the subdivision plat is recorded in the chancery clerk's office of the appropriate county.

(23) "Responsible Official." Responsible Official means one of the following:

(a) for a corporation: a president, secretary, treasurer, or vice-president of the company or corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the company or 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 1980 dollars); or

(2) the delegation of authority to such representatives is approved in advance by the permitting authority.

(b) for a partnership or sole proprietorship: a general partner or the proprietor, respectively; or

(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). A principal executive officer of a military facility includes the facility commander, chief executive officer, or any other similar person who performs similar policy- or decision-making functions for the institution.

(24) "Significant minor source." A stationary source that is not a synthetic minor source; is not a major Title V source or otherwise required to obtain a Title V permit; and is one of the following categories of sources:

(a) hot-mix asphalt plants;

(b) cotton gins;

(c) medical waste incinerators, not subj ect to the requirements of Rule 1.12 of "Air Emission Regulations for the Prevention, Abatement, and Control of Air Pollutants," 11 Miss. Admin. Code Pt. 2, Ch. 1.;

(d) rendering plants; or

(e) any other new stationary source deemed by the Permit Board to be a significant minor source due to (i) the source's potential to require significant air pollution control operations in order to avoid a violation of the Mississippi Air and Water Pollution Control Law or any regulation promulgated thereunder, (ii) the source's potential to require significant compliance demonstration or testing requirements, (iii) the source's potential to cause a substantial threat to public health, welfare, or the environment, or (iv) the sources' potential to cause or substantially contribute to a violation of any applicable ambient air quality standard.

(25) "State Law." The Mississippi Air and Water Pollution Control Law, specifically, Miss. Code Ann. §§ 49-17-1 through 49-17-45, and any subsequent amendments.

(26) "State Permit to Operate or State Operating Permit." A permit issued under State Law to operate air emissions equipment, exclusive of Title V permits.

(27) "Stationary source." For purposes of this regulation, any building, structure, facility, or installation which emits or may emit a regulated air pollutant.

(28) "Synthetic minor source." Any stationary source which would otherwise constitute a major source as defined by 11 Miss. Admin. Code Pt. 2, Ch. 6., except that the owner or operator of the stationary source elects for federally enforceable physical or operational limitations on the capacity of the source to reduce the potential to emit below the applicability thresholds for a Title V major source. Such limitations may include, but are not limited to, permit conditions restricting hours of operation or type or amount of material stored, combusted or processed, or permit conditions establishing more stringent air pollution control efficiency requirements.

(29) "Title V." 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.

(30) "Title V permit." Any permit or group of permits covering a Title V source that is issued, renewed, amended, or revised pursuant to 11 Miss. Admin. Code Pt. 2, Ch. 6.

(31) "Title V sources." 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 of EPA.

D. Permitting Requirements.

(1) Permit Types. The Permit Board will issue two types of air pollution control permits, a permit to construct air emissions equipment and a State Permit to Operate such equipment. A State Permit to Operate is required for synthetic minor sources, major Title V sources, and significant minor sources, except as noted in Rule 2.2.B(1). With exception of a Title V source required to obtain a Title V permit under 11 Miss. Admin. Code Pt. 2, Ch. 6, the Permit Board may elect to issue a single permit addressing the requirements for both a permit to construct and State Permit to Operate air emissions equipment if the permit addresses all applicable requirements for both types of permits found herein.

(2) Unless otherwise provided by Rule 2.13 and 2.15 or other provisions of these Regulations, any new stationary source or modification of a stationary source must have a permit to construct or multi-media permit incorporating such permit before beginning actual construction.

(3) All applications must be submitted on the form supplied by the Permit Board and must be signed by a Responsible Official.

(4) The Permit Board may require the applicant to submit any additional information which the Permit Board deems relevant to its decision on the permit application including, but not limited to, ambient air quality modeling. The Permit Board may require that all other media permits for a facility be issued simultaneously with any required air permit or may issue the air permit prior to or subsequent to other permits required by the facility.

(5) A permit issued by the Permit Board will generally be for a specific site identified in the application. No permit application, except one for a portable facility which will be located only temporarily at a site or sites, will be processed unless the applicant controls the real property upon which the facility is located. The applicant may demonstrate control or the legal right to operate through ownership, lease, eminent domain, easement, license and/or contract. For portable facilities which will be located only temporarily at a site or sites, the Permit Board may issue a statewide permit or a permit for operation in multiple areas.

(6) It is the responsibility of the applicant/permittee to obtain all other approvals, permits, clearances, easements, agreements, etc., which may be required including, but not limited to, all required local government zoning approvals or permits. DEQ may delay processing any permit application until the applicant provides to DEQ information or documentation sufficient to demonstrate any approval listed in this paragraph.

(7) The provisions of a permit are severable. If any provision of a permit, or the application of any provision of a permit to any circumstances, is challenged or held invalid, the validity of the remaining permit provisions and/or portions thereof or their application to other persons or sets of circumstances, shall not be affected thereby.

(8) 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.

(9) A stationary source which emits or causes to be emitted matter other than through a stack or a defined outlet of an air cleaning device may be classified inadequate in regard to control equipment. Facilities which comply with emission standards which specifically address and include fugitive emissions shall be presumed adequate provided all other Applicable Rules and Regulations are complied with.

Notes

11 Miss. Code. R. 2-2.1

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.

Amended 4/1/2024