11 Miss. Code. R. 2-8.1 - Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act Section 112(g)
A. Regulations for
case-by-case maximum achievable control technology (MACT) applicable to
facilities affected by the requirements of Section 112(g) of the Federal Clean
Air Act are those regulations duly promulgated by the United States
Environmental Protection Agency in (or to be printed in) Subpart B of Part 63
of Title 40 of the Code of Federal Regulations (C.F.R.). All such regulations
promulgated by United States Environmental Protection Agency are incorporated
herein and adopted by reference by the Mississippi Commission on Environmental
Quality as official regulations of the State of Mississippi and shall hereafter
be enforceable as such except as follows:
(1)
The "effective date of Section 112(g)(2)(b)" as defined in
40
C.F.R. 63.41 shall be the effective date of
this regulation.
(2) The
"permitting authority" as defined in
40
C.F.R. 63.41 shall be the "Mississippi
Environmental Quality Permit Board" (Permit Board).
(3) The "Notice of MACT Approval" as defined
in 40 C.F.R. 63.41 shall
be the "Permit to Construct" pursuant to Commission Regulation, Miss. Admin.
Code, Title 11, Part 2, Chapter 2, Permit Regulations for the Construction
and/or Operation of Air Emissions Equipment, as adopted by the Mississippi
Commission on Environmental Quality (Commission) and said Permit to Construct
shall include the case-by-case MACT determination.
(4) In lieu of the administrative procedures
for review of the Notice of MACT Approval as set forth in
40
C.F.R. 63.43(f)(1) through
(5), the Permit Board will follow Commission
Regulation, Miss. Admin. Code, Title 11, Part 2, Chapter 2, Permit Regulations
for the Construction and/or Operation of Air Emissions Equipment, as adopted by
the Commission.
(5) In lieu of the
opportunity for public comment on the Notice of MACT Approval as set forth in
40
C.F.R. 63.43(h), the Permit
Board will provide opportunity for public comment on information submitted by
the owner or operator. The public information will include the Mississippi
Department of Environmental Quality's (MDEQ's) analysis of the case-by-case
MACT determination, including the MDEQ's recommendation for permit issuance or
denial. The public information and opportunity for comment shall also include
the following:
(a) availability for public
inspection in at least one location in the area affected of the information
submitted by the owner or operator and of MDEQ's recommendation and the draft
permit;
(b) a 30-day period for
submittal of public comment; and
(c) a notice, by prominent advertisement in
the area affected, of the location of the source information.
B. Applicability.
(1) Overall requirements. The requirements of
the regulations referenced in Rule 8.1.A. apply to any owner or operator who
constructs or reconstructs a major source of hazardous air pollutants after the
effective date of this regulation unless the major source in question has been
specifically regulated or exempted from regulation under a MACT standard issued
pursuant to Section 112(d), a work practice standard or other requirement
pursuant to Section 112(h), or an equivalent emission limitation by permit
pursuant to Section 112(j) and incorporated in another Subpart of Part 63, or
the owner or operator of such major source has received all necessary air
quality permits for such construction or reconstruction project before the
effective date of the regulations referenced in Rule 8.1.A.
(2) Exclusion for electric utility steam
generating units. The requirements of the regulations referenced in Rule 8.1.A.
do not apply to electric utility steam generating units unless and until such
time as these units are added to the source category list pursuant to Section
112(c)(5) of the Federal Clean Air Act as amended.
(3) Exclusion for stationary sources in
deleted source categories. The requirements of the regulations referenced in
Rule 8.1.A. do not apply to stationary sources that are within a source
category that has been deleted from the source category list pursuant to
Section 112(c)(9) of the Federal Clean Air Act as amended.
(4) Exclusion for research and development
activities. The requirements of the regulations referenced in Rule 8.1.A. do
not apply to research and development activities, as defined in the regulations
referenced in Rule 8.1.A.
Notes
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