11 Miss. Code. R. § 2-8.1 Requirements For Control Technology Determinations For Major Sources In Accordance With Clean Air Act Section 112(g)

• Library: Mississippi Administrative Code
• Edition: 2023
• Currency: Current through January 9, 2024
• Citation: 11 Miss. Code. R. § 2-8.1
• Year: 2023

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. 40Definitions63.41 shall be the effective date of this regulation.

(2) The "permitting authority" as defined in 40 C.F.R. 40Definitions63.41 shall be the "Mississippi Environmental Quality Permit Board" (Permit Board).

(3) The "Notice of MACT Approval" as defined in 40 C.F.R. 40Definitions63.41 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. 40Maximum achievable control technology (MACT) determinations for constructed and reconstructed major sources63.43(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. 40Maximum achievable control technology (MACT) determinations for constructed and reconstructed major sources63.43(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...