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

• Library: Mississippi Administrative Code
• Edition: 2023
• Currency: Current through January 9, 2024
• Citation: 11 Miss. Code. R. § 2-6.1
• Year: 2023

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) 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.

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

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

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

(9) Draft permit is the version of a recommended permit for which the DEQ offers public participation under Rule 11undefined6.4.I. or Affected State(s) review under Rule 11undefined6.5.

(10) Emissions allowable under a 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.

(11) 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.

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

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

(14) Final permit means the version of a Title V permit issued by the Permit Board once all review procedures required by Rule 11undefined6.4 and Rule 11undefined6.5 have been completed.

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

(16) General permit is a Title V permit that meets the requirements of Rule 11undefined6.3.D.

(17) 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.(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)...