11 Miss. Code. R. 2-2.5 - Application Review

A. Standards for Approving an Application for a Permit to Construct.

(1) The stationary source shall be designed and constructed so as to operate without causing a violation of any Applicable Rules and Regulations.

(2) The stationary source shall be designed and constructed so as to operate without interfering with the attainment and maintenance of State and National Ambient Air Quality Standards.

(3) The stationary source shall be designed and constructed so as to operate such that the emission of air toxics does not result in an ambient concentration sufficient to adversely affect human health and well-being or unreasonably and adversely affect plant or animal life beyond the stationary source boundaries.

(a) The Permit Board may require the applicant to provide data necessary to evaluate the impacts of air toxics, including the predicted emission rates and ambient concentrations, when it deems necessary, considering factors that follow:

(1) the types of air toxics involved;

(2) the quantity of emissions involved;

(3) the physical characteristics of the stationary source (such as the location, size, etc.);

(4) the anticipated human health effects;

(5) the weight of scientific data supporting the health effects associated with the air toxics;

(6) the level of air pollution control equipment employed; and

(7) such other factors as the Permit Board deems appropriate.

(b) When an air toxics evaluation is required by the Permit Board, the evaluation shall consider:

(1) an analysis of the chronic human health risks associated with the air toxics including the lifetime excess cancer risks to the most exposed individual from air toxics which are known, probable, or possible human carcinogens calculated or determined using appropriate pathways of exposure;

(2) an analysis of the acute human health effects associated with the air toxics utilizing the most current health-effects data published by EPA and/or recognized public health institutions or, in its absence, other extrapolative acute health-effects data; and

(3) where applicable, an analysis of the impacts and effects of the air toxics on plant and/or animal life beyond the boundaries of the applicant's property.

(c) The carcinogenic risk analysis shall be considered to have satisfied applicable requirements of this regulation and 11 Miss. Admin. Code Pt. 2, Ch. 1. when the lifetime excess cancer risk to the most exposed individual outside the property boundary is determined to be less than 1 x 10^-6. When the excess cancer risk is determined to be greater than 1 x 10^-6 but less than 1 X 10-⁴, the Permit Board may either:

(1) require the applicant to demonstrate that, notwithstanding the calculated risks, public health is not threatened by the proposed emissions of air toxics; or

(2) establish permit conditions to limit or prohibit the emissions of air toxics.

When this excess cancer risk is calculated or determined to be greater than 1 X 10-⁴, the applicant must demonstrate that, notwithstanding the calculated risks, public health is not threatened by the proposed emissions of air toxics.

(4) The construction of the stationary source shall be performed in such a manner so as to reduce fugitive dust emission from construction activities to a minimum.

B. Air Quality Models.

(1) All estimates of ambient concentrations of air pollutants shall be based on the applicable air quality models, databases, and other requirements specified in the version of the "Guideline on Air Quality Models," 40 CFR Part 51, Appendix W, approved in 11 Miss. Admin. Code Pt. 2, Ch. 5.

(2) Where an air quality impact model specified in the "Guideline on Air Quality Models," 40 CFR Part 51, Appendix W, is inappropriate, the model may be modified or another model substituted. Such a modification or substitution of a model may be made on a case-by-case basis or, where appropriate, on a generic basis. Written approval of the DEQ and the Administrator of EPA must be obtained for any modification or substitution. In addition, use of a modified or substituted model shall be subject to public notice and opportunity for public comment.

C. Cancellation of Permit to Construct a New Stationary Source and Notification.

(1) The permit to construct will expire if construction does not begin within 18 months from the date of issuance or if construction is suspended for 18 months or more.

(2) The permittee must notify DEQ in writing when construction begins within 15 days of beginning actual construction.

(3) The permittee must notify DEQ in writing when construction does not begin within 18 months of issuance or if construction is suspended for 18 months or more.

(4) The Permit Board may extend the permit to construct for such additional time it deems appropriate if, at the time of the extension request, the applicant can demonstrate it meets all requirements necessary to issue a new permit to construct.

D. Certification of Construction, Beginning Operation, and Application for Permit to Operate.

(1) Upon the completion of construction or installation of an approved stationary source or modification, the applicant shall notify the Permit Board that construction or installation was performed in accordance with the approved plans and specifications on file with the Permit Board.

(2) The Permit Board shall be promptly notified in writing of any change in construction from the previously approved plans and specifications or permit. If the Permit Board determines the changes are substantial, it may require the submission of a new application to construct with "as built" plans and specifications. Notwithstanding any provision herein to the contrary, the acceptance of an "as built" application shall not constitute a waiver of the right to seek compliance penalties pursuant to State Law.

(3) A new stationary source issued a permit to construct cannot begin operation until certification of construction by the permittee.

(4) After certification of construction by the permittee, the permit to construct shall be deemed to satisfy the requirement for a permit to operate until the date the application for issuance or modification of the Title V permit or the application for issuance or modification of the State Permit to Operate, whichever is applicable, is due. This provision is not applicable to a source excluded from the requirement for a permit to operate as provided by Rule 2.13.G.

(5) The application for issuance or modification of the State Permit to Operate or the application for issuance or modification of the Title V permit, whichever is applicable, is due 12 months after beginning operation or such earlier date or time as specified in the permit to construct. The Permit Board may specify an earlier date or time for submittal of the application. Beginning operation will be assumed to occur upon certification of construction, unless the permittee specifies differently in writing.

(6) Upon submittal of a timely and complete application for issuance or modification of a State Permit to Operate or application for issuance or modification of a Title V permit, whichever is applicable, the applicant may continue to operate under the terms and conditions of the permit to construct and in compliance with the submitted application until the Permit Board issues, modifies, or denies the Permit to Operate.

E. Additional Requirements for a permit to construct or a State Operating Permit for a New Major Stationary Source or Major Modification Significantly Impacting an Area in which a National Ambient Air Quality Standard is being exceeded or will be exceeded.

(1) The Offset Policy is the Emission Offset Interpretive Ruling adopted by EPA in (or to be printed in) 40 CFR Part 51, Appendix S, and any subsequent amendments thereto as of April 25, 1988. A copy of such ruling is attached hereto and is incorporated herein and adopted by reference as Regulations of the Commission except as follows:

(a) Notwithstanding Appendix S, the requirements for Offsets and Lowest Achievable Emission Rate will apply to all major stationary sources and major modifications which have a significant impact on nonattainment of the applicable ambient air quality standard.

(b) The source types specified in Section IV.B. of Appendix S of 40 CFR Part 51 will not be excluded from any conditions of the Offset Policy or any of the requirements contained herein.

(c) All terms in Rule 2.5.E. shall have the same definitions as those contained in the Offset Policy including the term "major stationary source" which is defined differently for purposes of this paragraph than throughout the remainder of 11 Miss. Admin. Code Pt. 2, Ch. 2.

(2) Definitions

(a) "Nonattainment area." A geographical area of the state in which a violation of a National Ambient Air Quality Standard is occurring and which has been designated by the Commission or EPA as nonattainment with respect to that standard.

(b) "Nonattainment Area Implementation Plan." A revision to the Commission's Implementation Plan for the Control of Air Pollution, such revision having been adopted by the Commission and approved by the U.S. Environmental Protection Agency pursuant to the Federal Act, for the purpose of attainment and maintenance of the applicable National Ambient Air Quality Standard in a nonattainment area.

(c) "Reasonable Further Progress Schedule." An incremental reduction in total emissions of the applicable air pollutant allowed in order to provide for the attainment of the applicable National Ambient Air Quality Standard by the applicable statutory deadlines.

(d) "Significance Levels." Concentrations of pollutants against which air quality contributions of a stationary source are compared to determine whether the stationary source significantly impacts air quality in an area. The levels are as follows:

SO₂ 1.0 [MICRO]g/m³, annual average; 5 [MICRO]g/m³, 24-hour average; 25 [MICRO]g/m³, 3-hour average

PM₁₀ 1.0 [MICRO]g/m³, annual average; 5 [MICRO]g/m³, 24-hour average

NO₂ 1.0 [MICRO]g/m³, annual average

CO 0.5 mg/m³, 8-hour average; 2.0 mg/m³, 1-hour average

(e) "Significant impact." Air quality impact which exceeds the significance level.

(3) A new stationary source which is a major stationary source or major modification for the pollutant which contributes to violations of the National Ambient Air Quality Standard for which the area is nonattainment and which locates in or significantly impacts a nonattainment area must also meet the following requirements before a permit to construct or a State Operating Permit is issued:

(a) The stationary source must meet the lowest achievable emission rate for the applicable air pollutant.

(b) When the applicable Nonattainment Area Implementation Plan contains a Reasonable Further Progress Schedule, the Permit Board must determine that, by the time the stationary source is to commence operation, total combined allowable emissions of the applicable air pollutant from existing sources in the area, the proposed new stationary source, and all other new facilities in the area shall be no greater than the total allowable emissions for the nonattainment area which represents reasonable further progress for attaining the standard as defined in the applicable Nonattainment Area Implementation Plan Reasonable Further Progress Schedule.

(c) The owner or operator of the proposed new stationary source must demonstrate that all major stationary sources which are owned or operated by such person (or by any entity controlled by, or under common control with such person) in the state are subject to emission limitations and are in compliance, or on a schedule for compliance, with all applicable emission limitations contained in any Applicable Rules and Regulations.

(d) Exceptions will be made to the inclusion of fugitive emissions in the determination of whether a new stationary source is a major stationary source or major modification to the extent that those exceptions are made in the Offset Policy.

(e) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in an enforceable limitation on the capacity of the source or modification otherwise to emit a pollutant, the requirements of these Regulations shall apply to the source or modification as though construction had not yet commenced.

(f) When the Reasonable Further Progress Schedule in an applicable Nonattainment Area Implementation Plan is determined to have become inapplicable due to consumption of all available growth allowance under such Schedule, the stationary source must meet the conditions of Rule 2.5.E(4). below.

(4) A new major stationary source which proposes to locate in or near an area where an air quality standard is being or will be exceeded but for which no nonattainment area implementation plan has been adopted shall be subject to the following:

(a) The stationary source shall be subject to the Offset Policy if:

(1) the stationary source is a major stationary source or major modification for the pollutant for which the standard is or will be exceeded; and

(2) the stationary source is within or has significant impact in the area where the standard is or will be exceeded.

(b) In addition to the requirements of the Offset Policy, the stationary source shall not be granted a permit to construct or a State Operating Permit unless the owner or operator demonstrates that:

(1) emissions reductions to offset the new stationary source emissions will compensate for the adverse ambient impact caused by the new stationary source; and

(2) the emissions reductions have been achieved.

(5) The granting of a Permit shall not relieve the source of the responsibility to comply with other applicable requirements of this Regulation or with any other applicable Regulation or Law.

Notes

11 Miss. Code. R. 2-2.5

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. (Rev. 2003).

Amended 4/1/2024