Regulations last checked for updates: Nov 24, 2024
Title 40 - Protection of Environment last revised: Nov 21, 2024
§ 52.1270 - Identification of plan.
Link to an amendment published at 89 FR 86754, Oct. 31, 2024.
(a) Purpose and scope. This section sets forth the applicable State implementation plan for Mississippi under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient air quality standards.
(b) Incorporation by reference. (1) Material listed in paragraph (c) of this section with an EPA approval date prior to December 19, 2022, for Mississippi was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval and notice of any change in the material will be published in the Federal Register. Entries in paragraph (c) of this section with EPA approval dates after December 19, 2022, for Mississippi will be incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of the dates referenced in paragraph (b)(1) of this section.
(3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street SW, Atlanta, GA 30303. To obtain the material, please call (404) 562-9022. You may inspect the material with an EPA approval date prior to December 19, 2022, for Mississippi at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA email [email protected] or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) EPA-Approved Mississippi laws and regulations.
Table 1 to Paragraph (c)—EPA-Approved Mississippi Laws and Regulations
| State citation
| Title/subject
| State effective date
| EPA approval date
| Explanation
|
|---|
| 11 MAC Part 1—Chapter 5 Mississippi Environmental Quality Permit Board: Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act
|
| Rule 5.1 | Description of Mississippi Environmental Quality Permit Board | 5/11/2018 | 10/4/2018, 83 FR 50014
| |
| 11 MAC Part 2—Chapter 1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
|
| Rule 1.1 | General | 6/25/2018 | 10/4/2018, 83 FR 50014 | Except paragraphs (C)(1) and (2), which EPA has not approved into the SIP.
|
| Rule 1.2 | Definitions | 7/25/2013 | 2/21/2020, 85 FR 10070 | Except the definition of “Air Quality Action Day,” which EPA has not approved into the SIP.
|
| Rule 1.3 | Specific Criteria for Sources of Particulate Matter | 7/25/2013 | 2/21/2020, 85 FR 10070 | Except paragraph (G)(4), which is state effective February 9, 2009, and paragraph (G)(5), which is not approved into the SIP.
|
| Rule 1.4 | Specific Criteria for Sources of Sulfur Compounds | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 1.5 | Specific Criteria for Sources of Chemical Emissions | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 1.6 | New Sources | 7/25/2013 | 2/21/2020, 85 FR 10070 | Except paragraphs (2) and (3), which EPA has not approved into the SIP.
|
| Rule 1.7 | Exceptions | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 1.9 | Stack Height Considerations | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 1.10 | Provisions for Upsets, Startups, and Shutdowns | 12/10/2016 | 11/18/2022, 87 FR 69177 | Except for Rule 1.10.A and 1.10.B(3).
|
| Rule 1.11 | Severability | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 1.14 | Provision for the Clean Air Interstate Rule | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| 11 MAC Part 2—Chapter 2 Permit Regulations for the Construction and/or Operation of Air Emissions Equipment
|
| Rule 2.1 | General Requirements | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 2.2 | General Standards Applicable to All Permits | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 2.3 | Application for Permit To Construct and State Permit To Operate New Stationary Source | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 2.4 | Public Participation and Public Availability of Information | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 2.5 | Application Review | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 2.6 | Compliance Testing | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 2.7 | Emissions Evaluation Report | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 2.8 | Procedures for Renewal of State Permit To Operate | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 2.9 | Reporting and Recordkeeping | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 2.10 | Emission Reduction Schedule | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 2.11 | General Permits | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 2.12 | Multi-Media Permits | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 2.13 | Exclusions | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 2.14 | CAFOs | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 2.15 | Options | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 2.16 | Permit Transfer | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 2.17 | Severability | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| 11 MAC Part 2—Chapter 3 Regulations for the Prevention of Air Pollution Emergency Episodes
|
| Rule 3.1 | General | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 3.2 | Definitions | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 3.3 | Episode Criteria | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 3.4 | Emission Control Action Programs | 7/25/2013 | 2/21/2020, 85 FR 10070
| |
| Rule 3.5 | Emergency Orders | 7/25/2013 | 2/21/2020, 85 FR 10070 | Except the removal of language from the “Emergency” level for coal or oil-fired process steam generating facilities under Rule 3.5, Table 1, Section 2, which is state effective June 3, 1988.
|
| 11 MAC Part 2—Chapter 5 Regulations for the Prevention of Significant Deterioration of Air Quality
|
| Rule 5.1 | Purpose of this Regulation | 5/28/2016 | 8/8/2017, 82 FR 37015
| |
| Rule 5.2 | Adoption of Federal Rules by Reference | 5/28/2016 | 9/16/2020, 85 FR 57707 | The version of Rule 5.2 in the SIP does not incorporate by reference the provisions at § 52.21(b)(2)(v) and (b)(3)(iii)(c) that were stayed indefinitely by the Fugitive Emissions Interim Rule (published in the Federal Register March 30, 2011).
|
| 11 MAC Part 2-11 Regulations for Ambient Air Quality Nonattainment Areas
|
| Rule 11.1 | General | 9/26/2015 | 1/12/2016, 81 FR 1321
| |
| Rule 11.2 | Definitions | 9/26/2015 | 1/12/2016, 81 FR 1321
| |
| Rule 11.3 | Emissions Statement | 9/26/2015 | 1/12/2016, 81 FR 1321
| |
| Mississippi State Constitution
|
| Article 4 Section 109 | Interest of Public Officers in Contracts | 9/27/2012 | 4/8/2013, 78 FR 20795
| |
| Mississippi Code
|
| Section 25-4-25 | Persons required to file statement of economic interest | 9/27/2012 | 4/8/2013, 78 FR 20795
| |
| Section 25-4-27 | Contents of statement of economic interest | 9/27/2012 | 4/8/2013, 78 FR 20795
| |
| Section 25-4-29 | Filing dates for statements | 9/27/2012 | 4/8/2013, 78 FR 20795
| |
| Section 25-4-101 | Declaration of public policy | 9/27/2012 | 4/8/2013, 78 FR 20795
| |
| Section 25-4-103 | Definitions | 9/27/2012 | 4/8/2013, 78 FR 20795
| |
| Section 25-4-105 | Certain actions, activities and business relationships prohibited or authorized; contracts in violation of section voidable; penalties | 9/27/2012 | 4/8/2013, 78 FR 20795
| |
| Section 49-2-5 | Commission on Environmental Quality | 7/1/2016 | 10/4/2018, 83 FR 50014 | |
(d) EPA approved Mississippi source-specific requirements.
EPA Approved Mississippi Source-Specific Requirements
| Name of source
| Permit number
| State effective date
| EPA approval date
| Explanation
|
|---|
| None | | | | |
(e) EPA approved Mississippi non-regulatory provisions.
EPA Approved Mississippi Non-Regulatory Provisions
| Name of non-regulatory SIP provision
| Applicable geographic or nonattainment area
| State submittal date/effective date
| EPA approval date
| Explanation
|
|---|
| 110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standards | Mississippi | 12/7/2007 | 7/13/2011, 76 FR 41123 | For the 1997 8-hour ozone NAAQS.
|
| Regional Haze Plan | Statewide | 9/22/2008 | 6/27/2012, 77 FR 38191
| |
| Regional Haze Plan Update—E. I. Dupont Reasonable Progress and Mississippi Phosphates BART Determinations | Statewide | 5/9/2011 | 6/27/2012, 77 FR 38191
| |
| 110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter National Ambient Air Quality Standards | Mississippi | 12/7/2007 | 10/9/2012, 77 FR 61276 | With the exception of sections 110(a)(2)(D)(i), 110(a)(2)(E)(ii) and 110(a)(2)(G).
|
| 110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter National Ambient Air Quality Standards | Mississippi | 10/6/2009 | 10/9/2012, 77 FR 61276 | With the exception of sections 110(a)(2)(D)(i), 110(a)(2)(E)(ii) and 110(a)(2)(G).
|
| 110(a)(2)(G) Infrastructure Requirement for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards | Mississippi | 7/26/2012 | 10/9/2012, 77 FR 61279
| |
| 110(a)(2)(D)(i)(I) Infrastructure Requirements for the 2006 24-hour PM2.5 NAAQS | Mississippi | 10/6/2009 | 10/11/2012, 77 FR 61727 | EPA partially disapproved this SIP submission to the extent that it relied on the Clean Air Interstate Rule to meet the 110(a)(2)(D)(i)(I) requirements for the 2006 24-hour PM2.5 NAAQS.
|
| 110(a)(2)(E)(ii) Infrastructure Requirement for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards | Mississippi | 10/11/2012 | 4/8/2013, 78 FR 20795 | EPA disapproved the State's 110(a)(2)(E)(ii) as it relates to section 128(a)(2), the significant portion of income requirement.
|
| 110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter National Ambient Air Quality Standards | Mississippi | 12/7/2007 | 4/12/2013, 78 FR 21845 | Addressing element 110(a)(2)(D)(i)(II) prong 3 only
|
| 110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter National Ambient Air Quality Standards | Mississippi | 10/6/2009 | 4/12/2013, 78 FR 21845 | Addressing element 110(a)(2)(D)(i)(II) prong 3 only
|
| Transportation Conformity Interagency Consultation And General Provisions | DeSoto County portion of Memphis, TN-AR-MS 2008 8-hour Ozone Nonattainment Area | 5/31/2013 | 11/13/2013, 78 FR 67955
| |
| 110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter National Ambient Air Quality Standards | Mississippi | 12/7/2007 | 5/7/2014, 79 FR 26148 | Addressing prong 4 of section 110(a)(2)(D)(i) only.
|
| 110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter National Ambient Air Quality Standards | Mississippi | 10/6/2009 | 5/7/2014, 79 FR 26148 | Addressing prong 4 of section 110(a)(2)(D)(i) only.
|
| 110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards | Mississippi | 7/26/2012 | 3/2/2015, 80 FR 11133 | With the exception of sections:
110(a)(2)(C) and (J) concerning PSD permitting requirements;
110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4) concerning interstate transport requirements;
110(a)(2)(E)(ii) concerning state board majority requirements respecting significant portion of income; and
110(a)(2)(J) concerning visibility requirements.
|
| 110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead NAAQS | Mississippi | 11/17/2011 | 3/18/2015, 80 FR 14023 | Addressing the PSD permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only.
|
| 110(a)(1) and (2) Infrastructure Requirements for the 2008 Ozone NAAQS | Mississippi | 5/29/2012 and amended on
7/26/2012 | 3/18/2015, 80 FR 14203 | Addressing the PSD permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only.
|
| 110(a)(1) and (2) Infrastructure Requirements for the 2010 NO2 NAAQS | Mississippi | 2/28/2013 | 3/18/2015, 80 FR 14023 | Addressing the PSD permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only.
|
| 110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards 110(a)(2)(E)(ii) Infrastructure Requirement for 2008 Lead National Ambient Air Quality Standards | | 11/4/2011 | 3/30/2015, 80 FR 16568 | With the exception of provisions pertaining to PSD permitting requirements in sections 110(a)(2)(C), prong 3 of D(i) and (J) and the majority of requirements respecting significant portion of income of section 110(a)(2)(E)(ii) (related to section 128(a)(2)).
|
| 2011 Base Year Emissions Inventory for the Mississippi portion of the Memphis, TN-MS-AR 2008 Ozone NAAQS Nonattainment Area | DeSoto County portion of Memphis, TN-AR-MS 2008 8-hour Ozone Nonattainment Area | 1/14/2015 | 7/02/2015, 80 FR 37988
| |
| 110(a)(1) and (2) Infrastructure Requirements for the 2008 Ozone NAAQS | Mississippi | 7/26/2012 | 8/12/2015, 80 FR 48258 | Addressing the visibility requirements of 110(a)(2)(J) only.
|
| 2008 8-hour ozone Maintenance Plan for the DeSoto County portion of Memphis, TN-AR-MS Nonattainment Area | DeSoto County portion of Memphis, TN-AR-MS Nonattainment Area | 12/2/2015 | 4/8/2016, 81 FR 20545
| |
| 110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 National Ambient Air Quality Standard | Mississippi | 2/28/2013 | 9/16/2016, 81 FR 67307 | With the exception of sections: 110(a)(2)(C) and (J) concerning PSD permitting requirements; 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4) concerning interstate transport requirements and the state board majority requirements respecting significant portion of income of section 110(a)(2)(E)(ii).
|
| 110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO2 NAAQS | Mississippi | 6/20/2013 | 9/30/2016, 81 FR 67178 | With the exception of the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4) and the state board majority requirements respecting significant portion of income of section 110(a)(2)(E)(ii).
|
| 110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM 2.5 NAAQS | Mississippi | 12/11/2015 | 12/12/2016, 81 FR 89393 | With the exception of sections: 110(a)(2)(C) and (J) concerning PSD permitting requirements; 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4) concerning interstate transport requirements and the state board majority requirements respecting significant portion of income of section 110(a)(2)(E)(ii).
|
| Good Neighbor Provisions (Section 110(a)(2)(D)(i)(I) for the 2010 1-hour NO2 NAAQS | Mississippi | 5/23/2016 | 12/22/16, 81 FR 93824
| |
| 110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS | Mississippi | 12/8/2015 | 9/25/2018, 83 FR 48387 | Addressing Prongs 1 and 2 of section 110(a)(2)(D)(i)(I) only.
|
| 110(a)(1) and (2) Infrastructure Requirements for the 1997 Annual PM2.5 NAAQS | Mississippi | 6/25/2018 | 10/4/2018, 83 FR 50014 | Addressing the state board requirements of sections 128 and 110(a)(2)(E)(ii) only.
|
| 110(a)(1) and (2) Infrastructure Requirements for the 2006 24-hour PM2.5 NAAQS | Mississippi | 6/25/2018 | 10/4/2018, 83 FR 50014 | Addressing the state board requirements of sections 128 and 110(a)(2)(E)(ii) only.
|
| 110(a)(1) and (2) Infrastructure Requirements for the 2012 24-hour PM2.5 NAAQS | Mississippi | 6/25/2018 | 10/4/2018, 83 FR 50014 | Addressing the state board requirements of sections 128 and 110(a)(2)(E)(ii) only.
|
| 110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead NAAQS | Mississippi | 6/25/2018 | 10/4/2018, 83 FR 50014 | Addressing the state board requirements of sections 128 and 110(a)(2)(E)(ii) only.
|
| 110(a)(1) and (2) Infrastructure Requirements for the 2008 8-hour Ozone NAAQS | Mississippi | 6/25/2018 | 10/4/2018, 83 FR 50014 | Addressing the state board requirements of sections 128 and 110(a)(2)(E)(ii) only.
|
| 110(a)(1) and (2) Infrastructure Requirements for the 2010 NO2 NAAQS | Mississippi | 6/25/2018 | 10/4/2018, 83 FR 50014 | Addressing the state board requirements of sections 128 and 110(a)(2)(E)(ii) only.
|
| 110(a)(1) and (2) Infrastructure Requirements for the 2010 SO2 NAAQS | Mississippi | 6/25/2018 | 10/4/2018, 83 FR 50014 | Addressing the state board requirements of sections 128 and 110(a)(2)(E)(ii) only.
|
| 110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS | Mississippi | 12/11/2015 | 12/18/2018, 83 FR 64746 | Addressing the PSD permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only
|
| Regional Haze Progress Report | Mississippi | 10/4/2018 | 10/6/2021, 86 FR 55501
| |
| BART SIP | Mississippi | 8/13/2020 | 10/6/2021, 86 FR 55501
| |
| 110(a)(1) and (2) Infrastructure Requirements for the 2015 8-hour ozone NAAQS | Mississippi | 1/25/2021 | 9/22/2022, 87 FR 57832 | With the exception of the visibility provision of section 110(a)(2)(D)(i)(II) (prong 4), the PSD provisions related to major sources under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3), and 110(a)(2)(J), and the modeling provision of 110(a)(2)(K).
|
| 110(a)(1) and (2) Infrastructure Requirements for the 2015 8-hour Ozone NAAQS | Mississippi | 1/25/2021 | 3/1/2023, 88 FR 12833 | Addressing and conditionally approving the PSD elements of sections 110(a)(2)(C), (D)(i)(II), and J, and section 110(a)(2)(K) only. |
§ 52.1271 - Classification of regions.
The Mississippi plan was evaluated on the basis of the following classifications:
| Air quality control region
| Pollutant
|
|---|
| Particulate matter
| Sulfur oxides
| Nitrogen dioxide
| Carbon monoxide
| Photochemical oxidants (hydrocarbons)
|
|---|
| Mobile (Alabama)-Pensacola-Panama City (Florida)-Gulfport (Mississippi) Interstate | I | I | III | III | I
|
| Metropolitan Memphis Interstate | I | III | III | III | I
|
| Mississippi Delta Intrastate | III | III | III | III | III
|
| Northeast Mississippi Intrastate | II | III | III | III | III |
§ 52.1272 - Approval status.
With the exceptions set forth in this subpart, the Administrator approves Mississippi's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of part D, title 1, of the Clean Air Act as amended in 1977.
[83 FR 50018, Oct. 4, 2018]
§ 52.1273 - Control strategy: Ozone.
(a) Determination of attainment. The EPA has determined, as of June 3, 2016, that based on 2012 to 2014 ambient air quality data, the Memphis, TN-MS-AR 2008 ozone Marginal nonattainment area has attained the 2008 ozone NAAQS. Therefore, the EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area's air quality data as of the attainment date, whether the area attained the standard. The EPA also determined that the Memphis, TN-MS-AR nonattainment area will not be reclassified for failure to attain by its applicable attainment date under section 181(b)(2)(A).
(b) Disapproval. The state implementation plan (SIP) revision submitted on September 3, 2019, addressing Clean Air Act section 110(a)(2)(D)(i)(I) (prongs 1 and 2) for the 2015 ozone national ambient air quality standards (NAAQS) is disapproved.
[81 FR 26709, May 4, 2016, as amended at 88 FR 9383, Feb. 13, 2023]
§ 52.1275 - Legal authority.
(a) The requirements of § 51.230(d) of this chapter are not met since statutory authority to prevent construction, modification, or operation of a facility, building, structure, or installation, or combination thereof, which indirectly results or may result in emissions of any air pollutant at any location which will prevent the maintenance of a national air quality standard is not adequate.
(b) The requirements of § 51.230(f) of this chapter are not met, since section 7106-117 of the Mississippi Code could, in some circumstances, prohibit the disclosure of emission data to the public. Therefore, section 7106-117 is disapproved.
[39 FR 7282, Feb. 25, 1974, as amended at 39 FR 34536, Sept. 26, 1974; 51 FR 40676, Nov. 7, 1986]
§ 52.1276 - Conditional approval.
Link to an amendment published at 89 FR 86755, Oct. 31, 2024.
Mississippi submitted a SIP revision to EPA on January 25, 2021, as supplemented on November 18, 2022, regarding Mississippi's 2015 8-hour Ozone NAAQS infrastructure SIP that addresses the prevention of significant deterioration related requirements of CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J), and the modeling requirements of 110(a)(2)(K). The SIP revision included a commitment to adopt a rule revision to meet requirements of these sections and submit a SIP revision containing the revised rules. EPA conditionally approved these portions of the January 25, 2021, SIP revision, as supplemented November 18, 2022, in an action published in the Federal Register on March 1, 2023. If Mississippi fails to meet its commitment by March 1, 2024, the conditional approval will become a disapproval on March 1, 2024.
[88 FR 12835, Mar. 1, 2023]
§ 52.1277 - General requirements.
(a) The requirements of § 51.116(c) of this chapter are not met, since the legal authority to provide public availability of emission data is inadequate.
(b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan.
(2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31.
(3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator.
[39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55330, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986]
§ 52.1278 - Control strategy: Sulfur oxides and particulate matter.
(a) In a letter dated January 30, 1987, the Mississippi Department of Natural Resources certified that no emission limits in the State's plan are based on dispersion techniques not permitted by EPA's stack height rules. This certification does not apply to: Mississippi Power-Daniel; South Mississippi Electric Power, Hattiesburg-Morrow; E.I. Dupont, Delisle Boilers 1 & 2; and International Paper, Vicksburg.
(b) Disapproval. EPA is disapproving portions of Mississippi's Infrastructure SIP for the 1997 annual and 2006 24-hour PM2.5 NAAQS addressing section 110(a)(2)(E)(ii) that requires the State to comply with section 128 of the CAA.
[54 FR 25456, June 15, 1989, as amended at 78 FR 20796, Apr. 8, 2013]
§ 52.1279 - Visibility protection.
(a) [Reserved]
(b) Disapproval. EPA has disapproved the portions of Mississippi's May 29, 2012, 2008 8-hour Ozone infrastructure SIP submission; July 26, 2012, 2008 8-hour Ozone infrastructure SIP resubmission; February 28, 2013, 2010, 1-hour NO2 infrastructure SIP submission; June 20, 2013, 2010 1-hour SO2 infrastructure SIP submission; and December 8, 2015, 2012, Annual PM2.5 infrastructure SIP submission that address the visibility protection (prong 4) requirements of Clean Air Act section 110(a)(2)(D)(i)(II). EPA disapproved the prong 4 portions of these SIP submissions because Mississippi does not have a fully approved regional haze SIP that meets the requirements of 40 CFR 51.308 and because these SIP submissions do not otherwise demonstrate that emissions within the State do not interfere with other states' plans to protect visibility.
[77 FR 33657, June 7, 2012, as amended at 81 FR 33140, May 25, 2016; 86 FR 55509, Oct. 6, 2021]
§ 52.1280 - Significant deterioration of air quality.
(a) All applications and other information required pursuant to § 52.21 of this part from sources located or to be located in the State of Mississippi shall be submitted to the State agency, Hand Deliver or Courier: Mississippi Department of Environmental Quality, Office of Pollution Control, Air Division, 515 East Amite Street, Jackson, Mississippi 39201; Mailing Address: Mississippi Department of Environmental Quality, Office of Pollution Control, Air Division, P.O. Box 2261, Jackson, Mississippi 39225, rather than to EPA's Region 4 office.
(b) [Reserved]
[77 FR 23398, Apr. 19, 2012]
§ 52.1281 - Original identification of plan section.
(a) This section identified the original “Air Implementation Plan for the State of Mississippi” and all revisions submitted by Mississippi that were federally approved prior to July 1, 1997. The information in this section is available in the 40 CFR, part 52 edition revised as of July 1, 1999, the 40 CFR, part 52, Volume 2 of 2 (§§ 52.1019 to End) editions revised as of July 1, 2000 through July 1, 2011, and the 40 CFR, part 52, Volume 2 of 3 (§§ 52.1019 to 52.2019) editions revised as of July 1, 2012.
(b)-(c) [Reserved]
[79 FR 30051, May 27, 2014]
§ 52.1284 - Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
(a)(1) The owner and operator of each source and each unit located in the State of Mississippi and Indian country within the borders of the State and for which requirements are set forth under the CSAPR NOX Ozone Season Group 1 Trading Program in subpart BBBBB of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2015 and 2016.
(2) The owner and operator of each source and each unit located in the State of Mississippi and Indian country within the borders of the State and for which requirements are set forth under the CSAPR NOX Ozone Season Group 2 Trading Program in subpart EEEEE of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2017 through 2022.
(3) The owner and operator of each source and each unit located in the State of Mississippi and Indian country within the borders of the State and for which requirements are set forth under the CSAPR NOX Ozone Season Group 3 Trading Program in subpart GGGGG of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2023 and each subsequent year. The obligation to comply with such requirements with regard to sources and units in the State and areas of Indian country within the borders of the State subject to the State's SIP authority will be eliminated by the promulgation of an approval by the Administrator of a revision to Mississippi's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan (FIP) under § 52.38(b)(1) and (b)(2)(iii) for those sources and units, except to the extent the Administrator's approval is partial or conditional. The obligation to comply with such requirements with regard to sources and units located in areas of Indian country within the borders of the State not subject to the State's SIP authority will not be eliminated by the promulgation of an approval by the Administrator of a revision to Mississippi's SIP.
(4) Notwithstanding the provisions of paragraph (a)(3) of this section, if, at the time of the approval of Mississippi's SIP revision described in paragraph (a)(3) of this section, the Administrator has already started recording any allocations of CSAPR NOX Ozone Season Group 3 allowances under subpart GGGGG of part 97 of this chapter to units in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for a control period in any year, the provisions of subpart GGGGG of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of CSAPR NOX Ozone Season Group 3 allowances to such units for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.
(5) Notwithstanding the provisions of paragraph (a)(2) of this section, after 2022 the provisions of § 97.826(c) of this chapter (concerning the transfer of CSAPR NOX Ozone Season Group 2 allowances between certain accounts under common control), the provisions of § 97.826(e) of this chapter (concerning the conversion of amounts of unused CSAPR NOX Ozone Season Group 2 allowances allocated for control periods before 2023 to different amounts of CSAPR NOX Ozone Season Group 3 allowances), and the provisions of § 97.811(e) of this chapter (concerning the recall of CSAPR NOX Ozone Season Group 2 allowances equivalent in quantity and usability to all such allowances allocated to units in the State and Indian country within the borders of the State for control periods after 2022) shall continue to apply.
(6) Notwithstanding any other provision of this part, the effectiveness of paragraph (a)(3) of this section is stayed with regard to emissions occurring in 2023 and thereafter, provided that while such stay remains in effect, the provisions of paragraph (a)(2) of this section shall apply with regard to such emissions.
(b)(1) The owner and operator of each source located in the State of Mississippi and Indian country within the borders of the State and for which requirements are set forth in § 52.40 and § 52.41, § 52.42, § 52.43, § 52.44, § 52.45, or § 52.46 must comply with such requirements with regard to emissions occurring in 2026 and each subsequent year.
(2) Notwithstanding any other provision of this part, the effectiveness of paragraph (b)(1) of this section is stayed.
[81 FR 74597, Oct. 26, 2016, as amended at 83 FR 65924, Dec. 21, 2018; 88 FR 36891, June 5, 2023; 88 FR 49304, July 31, 2023]