Mississippi Department of Environmental Quality

The Permit Board may recess into executive session to deliberate in accordance with the following procedure: A. During the open meeting, a Permit Board member may move for a closed determination whether or not to declare an executive session. During the open meeting, the Permit B…

A. The Permit Board may make its decision immediately upon the conclusion of evidence and closing arguments. The Permit Board may take the matter under advisement and may postpone its final determination until a later Permit Board meeting. All final rulings affirming, modifying, …

All Permit Board rulings are final and conclusive unless appealed to the Chancery Court of the county of the situs in whole or in part of the subject matter within 20 days of the date the Permit Board votes to adopt and record the FOFCOLs into its minutes. "As recorded in the min…

These procedures govern formal evidentiary hearings before the Mississippi Environmental Quality Permit Board ("Permit Board") held pursuant to Mississippi Code Annotated, Section 49-17-29(4)(b)(Rev. 2012), and apply to all parties including the Mississippi Department of Environm…

The hearing record for the formal evidentiary hearing consists of all transcripts of evidentiary hearings, motion hearings, arguments, and other proceedings on the record and of all exhibits, admitted as part of the record at the hearing or hearings, and of all papers filed by th…

The Permit Board, in its discretion, may not require a transcription of the evidentiary hearing record, except all evidentiary hearings after appeal will be transcribed. Notes 11 Miss. Code. R. 1-6.21 Miss. Code Ann. § 49-17-1, et seq. (Rev. 2012). Adopted 5/14/2015

If any provision, section, subsection, sentence, clause or phrase of any of these rules and regulations, or the application of same to any person or set of circumstances, is for any reason challenged or held to be invalid or void, the remaining regulations or their application to…

A. Permit Board. The Permit Board created by Mississippi Code Annotated Section 49-17-28 (Rev. 2012) is the exclusive administrative body to make decisions on permit issuance, reissuance, denial, modification, transfer, or revocation of air pollution control and water pollution c…

A. Hearing request. Any interested party aggrieved by the Permit Board's issuance, denial, modification, transfer, revocation, or other permit action may request a formal evidentiary hearing in writing within 30 days after the date the Permit Board takes action upon permit issuan…

Any person who meets the statutory definition of "interested party" under Miss. Code Ann. § 49-17-29(4)(b) and 11 Miss. Admin. Code Pt. 1, R. 6.5.D may file a written Motion to Intervene. A. Leave. Leave to intervene will entitle the intervenor to the status of a party and to par…

A. Subpoenas. The Permit Board may subpoena and any party to the hearing may request subpoenas for appearance of witnesses who may have relevant knowledge and the same will be issued by the Executive Director of the Permit Board and served by any lawful officer in the county of t…

Subpoenas, subpoenas duces tecum, notices, orders, or other papers required to be served may be served in any manner provided by law. Any person serving such process is entitled to the same fees as are paid for like services in the courts of this state and the cost will be borne …

Any request for an action or ruling prior to a hearing on the merits in a contested permit must be made in writing. A. The request must state the grounds therefore and set forth the relief or order sought. The Permit Board, its Executive Director, or Hearing Officer may shorten o…

A. Authority. Pursuant to the authority granted by Miss. Code Ann. 49-17-17, the following regulations are adopted for the purpose of preventing, abating, and controlling air pollution caused by air contaminants being discharged into the atmosphere as particulates, smoke, fly ash…

A. Upsets (1) For an upset defined in Rule 1.2, the Commission may pursue an enforcement action for noncompliance with an emission standard or other requirement of an applicable rule, regulation, or permit. In determining whether to pursue enforcement action, and/or the appropria…

If any provision, section, subsection, sentence, clause or phrase of any of these regulations , or the application of same to any person or set of circumstances is for any reason challenged or held to be invalid or void, the validity of the remaining regulations and/or portions t…

A. Applicability. (1) Except as provided in subparagraphs (2) through (8) of this paragraph, the designated or affected facility to which Rule 1.12 applies is each individual hospital/medical/infectious waste incinerator (HMIWI) for which construction was commenced on or before J…

A. Emission Standards. Provisions under this paragraph that apply to existing commercial and industrial solid waste incineration (CISWI) units are the requirements that are contained in 40 CFR 60.2575 through 60.2875. All such requirements are hereby adopted by reference by the C…

The terms used in the regulations shall, unless the context otherwise requires, have the following meanings: A. "Air cleaning device." Any method, process or equipment which removes, reduces or renders less noxious air contaminants discharged into the atmosphere. This term is syn…

A. Smoke. (1) No person shall cause, permit, or allow the emission of smoke from a point source into the open air from any manufacturing, industrial, commercial or waste disposal process which exceeds forty (40) percent opacity subject to the exceptions provided in Rule 1.3.A(2) …

A. Sulfur Dioxide Emissions from Fuel Burning (1) The maximum discharge of sulfur oxides from any fuel burning installation in which the fuel is burned primarily to produce heat or power by indirect heat transfer shall not exceed 4.8 pounds (measured as sulfur dioxide) per millio…

A. Fluorides. No person shall allow the emission of fluorides into the ambient air in excess of four-tenths (0.4) pound per ton of P2O5 or equivalent. The allowable emission of fluorides shall be calculated by multiplying the unit emission, specified above, times the expressed de…

The provisions of this rule apply to the owner or operator of any source listed herein, the construction or modification of which is commenced after the date of adoption of specific emission limitations applicable to such source. A. Kraft Pulping Mills. All sources shall minimize…

If any single source of emission or combination of sources of emissions is found to compromise the ambient air quality in the State, beyond the limitations set forth in any national primary and secondary ambient air quality standards now or hereafter established by the Administra…

A. Hazardous Air Pollutant Emission Standards Hazardous air pollutant emission standards are National Emission Standards for Hazardous Air Pollutants duly promulgated by the U. S. Environmental Protection Agency in (or to be printed in) 40 C.F.R. Part 61 pursuant to Section 112 o…

A. Definitions (1) "Emission limitation" and "emission standard." A requirement established which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, se…

The Asbestos Abatement Accreditation and Certification Act, codified as Miss. Code Ann. §§ 37-138-1 through 37-138-31, requires that, beginning on the effective date of these regulations, all persons who perform inspections and reinspections, prepare management plans and perform …

Notwithstanding anything in these regulations to the contrary, small-scale, short duration abatement activities, as defined in Rule 10.2(40) of these regulations, may be conducted in school buildings, public buildings and commercial buildings without utilization of certified insp…

At least one certified supervisor is required to be at the asbestos project worksite at all times while abatement activities are in progress. Certified workers must have access to a certified supervisor throughout the duration of the asbestos project. The contractor(s) and superv…

A. If the Commission decides to suspend, revoke, or modify the certification of any individual, it shall notify the affected individual in writing of the following: (1) The legal and factual basis for the suspension, revocation, or modification. (2) The commencement date and dura…

Compliance with these regulations shall not affect or substitute for compliance with all other applicable laws and regulations concerning accreditation of asbestos abatement personnel, including but not limited to, National Emissions Standards for Hazardous Air Pollutants (NESHAP…

If any provision, section, subsection, sentence, clause or phrase of any of these regulations, or the application of same to any person or set of circumstances is for any reason challenged or held to be invalid or void, the validity of the remaining regulations and/or portions th…

The following are the requirements for initial training courses and refresher training courses that must be successfully completed by individuals seeking certification to perform asbestos related work pursuant to these regulations. A. Initial training (1) Training courses require…

A. "Abatement" means removal, encapsulation, enclosure or repair of or an operations and maintenance program for asbestos-containing materials including responses to major fiber release episodes. B. "Act" shall mean the Asbestos Abatement Accreditation and Certification Act. C. "…

No persons may engage in any asbestos project in a school building, public building or commercial building as an inspector, management planner, project designer, air monitor, contractor, supervisor or worker on or after the effective date of these regulations, unless applicable i…

A. The Commission shall have authority to issue certificates for inspectors, management planners, project designers, air monitors, contractors, supervisors and workers. B. Unless the Commission revokes or suspends a certificate, an initial certificate shall remain in effect durin…

A. No individual shall be considered for an initial or renewal certificate unless the qualification requirements of Rule 10.9 and the accreditation training requirements of Rule 10.9 for the discipline that is the subject of the application have been met and completed prior to ap…

A. The Commission shall review each application and supporting documents. If the application is incomplete, the Commission may return the materials submitted by the applicant and advise the applicant what additional information is necessary in order to evaluate the application. B…

All fees shall be submitted to the Commission by check or money order, payable to the Asbestos Accreditation and Certification Act Fund. Fees for more than one (1) discipline shall be paid by a separate check or money order for each discipline. The fees for initial and renewal ce…

A. Training Providers. Pursuant to Section 37-138-27 of the Mississippi Code, the Board of Trustees of State Institutions of Higher Learning designated Mississippi State University (MSU) to offer all accreditation training courses set forth in these regulations. MSU has certified…

In addition to completing the applicable EPA approved training course that meets the requirements of the Model Plan, each applicant for an initial or renewal certificate must demonstrate to the satisfaction of the Commission that the applicant is familiar with and capable of comp…

The purpose of this regulation is to implement Section 182(a)(3)(B) of the Federal Clean Air Act which sets requirements for areas designated as nonattainment for National Ambient Air Quality Standards. Notes 11 Miss. Code. R. 2-11.1 Miss. Code Ann. §§ 49-2-9(1)(b), 49-17-17, 49-…

The terms used in the regulations shall, unless the context otherwise requires, have the following meanings: A. "Commission" means the Mississippi Commission on Environmental Quality. B. "Department" means the Mississippi Department of Environmental Quality (Department). C. "NAAQ…

A. The requirements of Rule 11.3.A-C of this regulation shall apply to all stationary sources of nitrogen oxides or volatile organic compounds which have the potential to emit 25 tons or more of either pollutant per calendar year and are located in area(s) designated by the U.S. …

A. Replacement of Previous Regulation. This regulation supersedes and replaces previously adopted "Permit Regulations for the Construction and/or Operation of Air Emissions Equipment," 11 Miss. Admin. Code Pt. 2, Ch. 2. B. Definitions Incorporated by Reference. The definitions se…

A. In accordance with 11 Miss. Admin. Code Pt. 2, Ch. 3., it is the responsibility of each and every stationary source with actual emissions in excess of 0.25 tons per day of total air contaminants, and other significant sources, to have a Commission-approved emissions reduction …

The Permit Board may issue general permits to construct and operate, as described below, classes of articles, machines, equipment, or other contrivances. Issuance of a general permit shall comply with the public participation procedures of Rule 2.4.C., as applicable. Issuance of …