11 Miss. Code. R. 2-5.7 - Public Participation

A. The Mississippi Department of Environmental Quality ("the Department") shall notify all applicants within 30 days as to the completeness of the application or any deficiency in the application or information submitted. In the event of such a deficiency, the date of receipt of the application shall be the date on which the Department received all required information.

B. Within 150 days after receipt of a complete application, the Department shall:

(1) Make a preliminary determination whether construction should be approved, approved with conditions, or disapproved.

(2) Make available in at least one location in each region in which the proposed source would be constructed, a copy of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination. This requirement may be met by making these materials available at a physical location or on the Department's website.

(3) Notify the public of the application, the preliminary determination, the degree of increment consumption that is expected from the source or modification, the opportunity to comment at a public hearing, and the opportunity to submit written public comments. The Department will publish the public notice on its website, and the notice will remain available on the website for the duration of the public comment period. The Department shall allow for at least 30 days for public comment. The Department must include the following on the public website for the duration of the public comment period: the public notice, the draft permit, information on how to access the administrative record for the draft permit, and information on how to request or attend a public hearing on the draft permit, if a hearing has already been scheduled. If the Department deems it appropriate, the Department may supplement the website noticing method by other noticing methods on individual permits.

(4) Send a copy of the public notice to the applicant, the Administrator of the USEPA, and to officials and agencies having cognizance over the location where the proposed construction would occur as follows: Any other State or local air pollution control agencies; the chief executives of the city and county where the source would be located; any comprehensive regional land use planning agency; and any State, Federal Land Manager, or Indian Governing body whose lands may be affected by emissions from the source or modification.

(5) Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the source, alternatives to it, the control technology required, and other appropriate considerations.

(6) Consider all written comments submitted within a time specified in the public notice and all comments received at any public hearing in making a final decision on the approvability of the application. The Department will make all comments available for public inspection at the same physical location or on the same website where the Department made available preconstruction information relating to the proposed source or modification.

(7) Make a final determination whether construction should be approved, approved with conditions, or disapproved.

(8) Notify the applicant in writing of the final determination and make such notification available for public inspection at the same location or on the same website where the Department made available preconstruction information and public comments relating to the proposed source or modification.

Notes

11 Miss. Code. R. 2-5.7

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

Adopted 4/1/2024