11 Miss. Code. R. 2-2.15 - Options

A. Plantwide Applicability Limitation (PAL). In accordance with 40 CFR 52.21(aa), any major stationary source may establish a plantwide applicability limitation based on baseline actual emissions (actuals PAL) for use in future NSR actions. The actuals PAL can be established in a PSD Permit to Construct, a Title V permit, or a State Permit to Operate a synthetic minor source. The applicable permit to construct or permit to operate shall be referred to as a PAL permit and, in addition to the normal applicable procedures and requirements for the permit action, shall meet all the requirements for a PAL permit. The issuance shall follow all procedures for a PAL permit as specified in 40 CFR 52.21(aa), except that the term "Administrator" as it appears in 40 CFR 52.21(aa) shall mean the Permit Board and the phrase "§§51.160 and 51.161 of this chapter" as it appears in 40 CFR 52.21(aa)(5) shall mean 11 Miss. Admin. Code. Pt. 2, R. 2.4.

B. Optional Pre-Permit Construction. Pre-permit construction approval is available for new moderate stationary sources, new minor stationary sources, minor modifications, and moderate modifications except those sources and modifications excluded from this provision in paragraph (9) below. The applicant may request approval from the Permit Board to begin actual construction or modification of qualifying sources before receiving the required permit to construct. To obtain the Permit Board's pre-permit construction approval, the applicant shall satisfy the following requirements:

(1) The applicant shall apply for a permit to construct or Optional Operating Permit Modification in accordance with C. below.

(2) The applicant shall submit a pre-permit construction approval application which must contain, but not be limited to the following:

(a) a letter requesting approval to begin actual construction before obtaining the required permit to construct,

(b) a copy of the notice referenced in paragraph (4) below,

(c) demonstration that the applicant is not precluded from this provision per paragraph (9) below,

(d) process description(s),

(e) equipment list(s),

(f) proposed emission limits,

(g) proof that buffer zone requirements in Rule 2.2.B(14). are met,

(h) certification that construction is at the applicant's own risk, and

(i) certification that the applicant shall not contest the final decision to issue or deny the permit to construct, Title V permit modification, or State Operating Permit modification, as applicable, based on the fact that construction has already begun.

(3) An applicant seeking enforceable limitations on a source's potential to emit, such as to qualify as a moderate stationary source or a moderate modification, must describe in detail in the pre-permit construction application the proposed limitations and certify that the applicant will comply with the limitations, including any applicable monitoring and reporting requirements required by the permit.

(4) The applicant shall provide notice to the DEQ of the application for pre-permit construction approval. The notice shall be in the format provided by DEQ and shall include the following:

(a) a general description of the proposed source or modification,

(b) a statement that pre-permit construction approval is being requested from the Permit Board,

(c) the location and address where additional information about the proposed source or modification and application may be obtained,

(d) a statement that comments may be made to DEQ, and

(e) DEQ's address where comments may be submitted.

The DEQ shall provide at least ten (10) days for the public to comment to the Permit Board by posting the notice on the DEQ's website for the duration of the comment period.

(5) After determination that all requirements have been met and after sufficient time for receipt of all public comments submitted during the ten-day public notice, the Permit Board may grant pre-permit construction approval.

(6) Upon receipt of the pre-permit construction approval letter issued by the Permit Board, the applicant may begin construction at their own risk. Upon issuance of the pre-permit construction approval letter, any and all potential to emit limitations addressed in the pre-permit construction application shall become enforceable. The applicant cannot operate the new source or emissions units included in the proposed modification until issued the final permit to construct, Title V permit modification, or State Operating Permit modification, as applicable, and until certification of construction in accordance with Rule 2.5.D., where applicable. This provision applies even if the source is excluded from the requirement to obtain a permit to operate.

(7) Issuance of the pre-permit construction approval letter shall have no bearing on the issuance or denial of the final permit to construct, Title V permit modification, or State Operating Permit modification, as applicable. If the final permit is denied, the applicant must cease construction and follow the procedures allowed by law and regulation for any appeal. The fact that construction has already begun and that approval was granted for pre-permit construction shall not be a basis for appeal of the Permit Board's decision.

(8) The Permit Board may deny the pre-permit construction approval application or revoke an existing pre-permit construction approval for any reason it deems valid including objection(s) from the public. Denial/revocation of the pre-permit construction approval application shall have no bearing on the issuance or denial of a final permit.

(9) Pre-permit construction approval is not available for new major stationary sources, major modifications, medical waste incinerators or hazardous waste incinerators or any modification involving medical waste incineration or hazardous waste incineration, and new stationary sources or modifications meeting the definition of "constructing or reconstructing" a major source of hazardous air pollutants in 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

C. Optional Operating Permit Modification. For a modification of a source holding a valid Title V permit or State Operating Permit, a permit to construct may be issued as a modification of the Title V permit or State Operating Permit as an alternative to a new permit to construct. All requirements for a permit to construct are still applicable and the operating permit modification must occur prior to beginning actual construction unless pre-permit construction approval is granted in accordance with B. above. If the applicant has been granted pre-permit construction approval, the operating permit must be modified before beginning operation.

Notes

11 Miss. Code. R. 2-2.15

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.

Amended 4/1/2024