11 Miss. Code. R. 2-6.1 - General Requirements

A. Definitions.

(1) Advisory Council is the Council created by State law to conduct an independent study of the costs for the development and administration of the Title V program within the Department of Environmental Quality and to conduct an annual review of the costs of administering such programs.

(2) Affected source shall have the same meaning as set forth in the regulations promulgated under Title IV of the Federal Act.

(3) Affected State(s) means all states whose air quality may be affected and that are contiguous to Mississippi; or are within 50 miles of the permitted source.

(4) Affected unit shall have the same meaning as set forth in the regulations promulgated under Title IV of the Federal Act.

(5) Alternative operating scenario (AOS) means a scenario authorized in a Title V permit that involves a change at the Title V source for a particular emissions unit, and that either results in the unit being subject to one or more applicable requirements which differ from those applicable to the emissions unit prior to implementation of the change or renders inapplicable one or more requirements previously applicable to the emissions unit prior to implementation of the change.

(6) Applicable requirement means all of the following as they apply to emissions units in a Title V source (including requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance but have future-effective compliance dates):

(a) any standard or other requirement set forth in the State Implementation Plan (SIP) approved or promulgated by EPA through rulemaking under Title I of the Federal Act that implements the relevant requirements of the Federal Act, including any revisions to the SIP promulgated in 40 CFR Part 52;

(b) any term or condition of any construction permits issued pursuant to Mississippi regulations approved or promulgated through rulemaking under Title I, including parts C or D, of the Federal Act;

(c) any standard or other requirement under Section 111 of the Federal Act, including Section 111(d);

(d) any standard or other requirement under Section 112 of the Federal Act, including any requirement concerning accident prevention under Section 112(r)(7) of the Federal Act;

(e) any standard or other requirement of the acid rain program under Title IV of the Federal Act or the regulations promulgated thereunder;

(f) any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the Federal Act;

(g) any standard or other requirement governing solid waste incineration under Section 129 of the Federal Act;

(h) any standard or other requirement for consumer and commercial products under Section 183(e) of the Federal Act;

(i) any standard or other requirement for tank vessels under Section 183(f) of the Federal Act;

(j) any standard or other requirement of the program to control air pollution from outer continental shelf sources under Section 328 of the Federal Act;

(k) any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Federal Act, unless the Administrator has determined that such requirements need not be contained in a Title V permit; and

(l) any national ambient air quality standard or increment or visibility requirement under part C of Title I of the Federal Act applicable only with regard to temporary sources permitted pursuant to Section 504(e) of the Federal Act.

(7) Commission means the Mississippi Commission on Environmental Quality.

(8) DEQ means the Mississippi Department of Environmental Quality.

(9) Designated representative shall have the same meaning as set forth in Section 402(26) of the Federal Act and the regulations promulgated thereunder.

(10) Draft permit is the version of a recommended permit for which the DEQ offers public participation under Rule 6.4.I. or Affected State(s) review under Rule 6.5.

(11) Emissions allowable under the permit means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.

(12) Emissions unit means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under Section 112(b) of the Federal Act. This term is not meant to alter or affect the definition of the term "unit" for purposes of Title IV of the Federal Act.

(13) The EPA or the Administrator means the Administrator of the United States Environmental Protection Agency (EPA) or his designee.

(14) Federal Act means the Federal Clean Air Act as amended in 1990, 42 U.S.C. §§7401-7671, and any subsequent amendments.

(15) Final permit means the version of a Title V permit issued by the Permit Board once all review procedures required by Rule 6.4. and Rule 6.5. have been completed.

(16) Fugitive emissions are those emissions which could not reasonably pass through a stack, chimney, vent or other functionally-equivalent opening.

(17) General permit is a Title V permit that meets the requirements of Rule 6.3.D.

(18) Greenhouse gases (GHGs) means the air pollutant defined in 40 CFR 86.1818 12(a) as the aggregate group of six (6) greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. To represent an amount of GHGs emitted, the term tpy CO2 equivalent emissions (CO2e) shall be used and computed as follows:

a. Multiply the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A1 to subpart A of Part 98, Title 40.

b. Sum the resultant value for each gas to compute a tpy CO2e.

(19) Major source is any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person (or persons under common control) belonging to a single major industrial grouping and that is described in paragraph (a), (b), or (c) of this definition.

For the purposes of defining "major source", a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

For onshore activities belonging to Standard Industrial Classification (SIC) Major Group 13: Oil and Gas Extraction, pollutant emitting activities shall be considered adjacent if they are located on the same surface site; or if they are located on surface sites that are located within /4-mile of one another (measured from the center of the equipment on the surface site) and they share equipment. Shared equipment includes, but is not limited to, produced fluids storage tanks, phase separators, natural gas dehydrators or emissions control devices. Surface site, as used herein, has the same meaning as in 40 CFR 63.761.

(a) A major source under Section 112 of the Federal Act is defined as follows:

(1) For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to Section 112(b) of the Federal Act, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or

(2) For radionuclides, "major source" shall have the meaning specified by the Administrator by rule.

(b) A major stationary source of air pollutants, as defined in Section 302 of the Federal Act, that directly emits or has the potential to emit, 100 tpy or more of any air pollutant subject to regulation except the pollutant greenhouse gases as defined in this section. This definition of major stationary source includes any major source of fugitive emissions of any such pollutant (except the pollutant greenhouse gases as defined in this section), as determined by rule by the Administrator. The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of Section 302(j) of the Federal Act, unless the source belongs to one of the following categories of stationary sources:

(1) coal cleaning plants (with thermal dryers);

(2) kraft pulp mills;

(3) portland cement plants;

(4) primary zinc smelters;

(5) iron and steel mills;

(6) primary aluminum ore reduction plants;

(7) primary copper smelters;

(8) municipal incinerators capable of charging more than 250 tons of refuse per day;

(9) hydrofluoric, sulfuric, or nitric acid plants;

(10) petroleum refineries;

(11) lime plants;

(12) phosphate rock processing plants;

(13) coke oven batteries;

(14) sulfur recovery plants;

(15) carbon black plants (furnace process);

(16) primary lead smelters;

(17) fuel conversion plants;

(18) sintering plants;

(19) secondary metal production plants;

(20) chemical process plants (The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140.);

(21) fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(22) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(23) taconite ore processing plants;

(24) glass fiber processing plants;

(25) charcoal production plant;

(26) fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or

(27) any other stationary source category, which as of August 7, 1980, is being regulated by a standard promulgated under Section 111 or 112 of the Federal Act.

(c) A major stationary source as defined in part D of Title I of the Federal Act, including the following:

(1) for ozone nonattainment areas, sources with the potential to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as "marginal' or "moderate", 50 tpy or more in areas classified as "serious", 25 tpy or more in areas classified as "severe", and 10 tpy or more in areas classified as "extreme"; except that the references in this paragraph to 100, 50, 25 and 10 tpy of nitrogen oxides shall not apply with respect to any source for which the Administrator has made a finding under Section 182(f)(1) or (2) of the Federal Act, that requirements under Section 182(f) of the Federal Act do not apply;

(2) for ozone transport regions established pursuant to Section 184 of the Federal Act, sources with the potential to emit 50 tpy or more of volatile organic compounds;

(3) for carbon monoxide nonattainment areas:

(a) that are classified as "serious", and

(b) in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the Administrator, sources with the potential to emit 50 tpy or more of carbon monoxide; and

(4) for particulate matter (PM10) nonattainment areas classified as "serious", sources with the potential to emit 70 tpy or more of PM10.

(20) Permit Board means the Mississippi Environmental Quality Permit Board.

(21) Permit modification means a revision to a Title V permit that meets the requirements of Rule 6.4.E. as distinguished from an administrative amendment.

(22) Permit program cost means all reasonable direct and indirect costs required to develop and administer the Title V permit program, as authorized by State law and set forth in Miss. Code Ann. §49-17-14.

(23) Permit revision means any permit modification or administrative permit amendment.

(24) Potential to emit means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is established in a construction permit required by the EPA-approved Mississippi SIP for New Source Review (NSR) or a Title V permit. This term does not alter or affect the use of this term for any other purposes under the Federal Act, or the term "capacity factor" as used in Title IV of the Federal Act or the regulations promulgated thereunder.

(25) Proposed permit means the version of a recommended permit that the DEQ proposes to be issued and forwards to the Administrator for review in compliance with Rule 6.5.

(26) Regulated air pollutant includes the following:

(a) nitrogen oxides or any volatile organic compounds;

(b) any pollutant for which a national ambient air quality standard has been promulgated;

(c) any pollutant that is subject to any standard promulgated under Section 111 of the Federal Act;

(d) any class I or II substance subject to a standard promulgated under or established by Title VI of the Federal Act; or

(e) any pollutant subject to a standard promulgated under Section 112 or other requirements established under Section 112 of the Federal Act, including Sections 112(g), (j), and (r) of the Federal Act, including the following:

(1) any pollutant subject to requirements under Section 112(j) of the Federal Act (if the Administrator fails to promulgate a standard by the date established pursuant to Section 112(e) of the Federal Act, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to Section 112(e) of the Federal Act); and

(2) any pollutant for which the requirements of Section 112(g)(2) of the Federal Act have been met, but only with respect to the individual source subject to Section 112(g)(2) requirements.

(27) Renewal means the process by which a permit is reissued at the end of its term.

(28) Responsible official means as follows:

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

(2) the delegation of authority to such representative is approved in advance by the DEQ;

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

(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); or

(d) for affected sources:

(1) the designated representative in so far as actions, standards, requirements, or prohibitions under Title IV of the Federal Act or the regulations promulgated thereunder are concerned; and

(2) the designated representative for any other purposes under Title V.

(29) Section 502(b)(10) changes are changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.

(30) State Law means the Mississippi Air and Water Pollution Control Law, specifically, Section 49-17-1 through 49-17-43 of the Mississippi Code of 1972, and any subsequent amendments.

(31) Stationary source means any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under Section 112(b) of the Federal Act.

(32) Subject to regulation means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator in subchapter C of 40 CFR Chapter I, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Pollutants subject to regulation include, but are not limited to, greenhouse gases as defined in this section.

(33) Title V means 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.

(34) Title V permit means any permit or group of permits covering a Title V source that is issued, renewed, amended, or revised pursuant to these regulations.

(35) 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 pursuant to this section.

B. General Title V Permit Requirements.

(1) Except as provided or exempted below all Title V sources must comply with all provisions herein with regard to Title V permit responsibilities including but not limited to filing an application for and obtaining a Title V permit.

(2) All sources that are not major sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to Section 129(e) of the Federal Act are exempted from the obligation to obtain a Title V permit until either the date five (5) years after full implementation of the Title V program in Mississippi or such time as the Administrator completes a rulemaking to determine how the program should be structured for nonmajor sources and the appropriateness of any permanent exemptions in addition to those provided for in Rule 6.1.B(5)., whichever is later.

(3) In the case of nonmajor sources subject to a standard or other requirement under either Section 111 or Section 112 of the Federal Act promulgated after July 21, 1992, the exemption of any or all such applicable sources from the requirement to obtain a Title V permit will be determined consistent with the newly promulgated standard and regulations.

(4) The following source categories are exempted from the obligation to obtain a Title V permit.

(a) All sources and source categories that would be required to obtain a Title V permit solely because they are subject to 40 CFR Part 60, Subpart AAA Standards of Performance for New Residential Wood Heaters; and

(b) All sources and source categories that would be required to obtain a Title V permit solely because they are subject to 40 CFR Part 61, Subpart M National Emission Standard for Hazardous Air Pollutants for Asbestos, specifically 40 CFR 61.145 Standard for Demolition and Renovation.

(5) Emissions units and Title V sources.

(a) For major sources, the Title V permit shall include all applicable requirements for all relevant emissions units in the major source.

(b) For any nonmajor source subject to the Title V program under Paragraphs (2) (5) of this section, the Title V permit shall include all applicable requirements for the emissions unit(s) that causes the source to be subject to the Title V program.

(6) Fugitive emissions. Fugitive emissions from a Title V source shall be included in the permit application and the Title V permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source.

(7) For purposes of these regulations, the Commission shall not make any exceptions to and/or grant any exemptions and/or variances from any of the regulations regarding Title V permits except those specified herein.

Notes

11 Miss. Code. R. 2-6.1

Miss. Code Ann. §§ 49-2-9(1)(b), 49-17-17, 49-17-28, 49-17-29, 49-17-30, 49-17-32, 49-2-1, et seq. and 49-17-1, et seq.

Amended 9/1/2022 Amended 8/19/2024