11 MAC Pt. 2, R. 2.4
Public Participation and Public Availability of Information
Cite as 11 Miss. Admin. Code Pt. 2, R. 2.4
Public Participation and Public Availability of Information.
A.
For any application for a Prevention of Significant Deterioration Permit to Construct, the
DEQ will follow public information procedures specified in Commission Regulation,
Miss. Admin Code, Title 11, Part 2, Chapter 5, "Regulations for the Prevention of
Significant Deterioration of Air Quality", and any other Applicable Rules and
Regulations set forth herein.
B.
For any application for a Title V Permit to Operate, the DEQ will follow public
information procedures specified in Commission Regulation, Miss. Admin. Code, Title
11, Part 2, Chapter 6, "Air Emissions Operating Permit Regulations For The Purposes Of
Title V Of The Federal Clean Air Act".
C.
For any application for a permit to construct a new moderate stationary source, a
moderate modification, or a new major stationary source impacting a nonattainment area
as defined in Rule 2.5.E., the DEQ will provide opportunity for public comment on
information submitted by the owner and operator. The public information will include
the DEQ's analysis of the effect of construction or modification on ambient air quality,
including the DEQ's recommendation for permit issuance or denial and shall include, as a
minimum, the following:
(1)
availability for public inspection in at least one location in the area affected of the
information submitted by the owner or operator and of DEQ's analysis of the
effect on air quality;
(2)
a 30-day period for submittal of public comment; and
(3)
a notice, by prominent advertisement in the area affected, of the location of the
source information and analysis.
A copy of the notice will be sent to the Administrator of EPA through Region IV, and to
all other State and local air pollution control agencies having jurisdiction in the region in
which such new or modified installation will be located. A permit to construct issued
pursuant to this paragraph is federally enforceable.
D.
For any application for a new State Permit to Operate a synthetic minor source, and any
application for renewal of a State Permit to Operate a synthetic minor source, the DEQ
will provide opportunity for public comment on information submitted by the owner or
operator. The public information will include the application submitted, the DEQ's
recommendation for permit issuance or denial (including the draft permit) and shall
include, as a minimum, the following:
(1)
availability for public inspection in at least one location in the area affected of the
information submitted by the owner or operator and of DEQ's recommendation
and the draft permit;
(2)
a 30-day period for submittal of public comment; and
(3)
a notice, by prominent advertisement in the area affected, of the location of the
source information.
A copy of the notice will be sent to the Administrator of EPA through Region IV, and to
all other State and local air pollution control agencies having jurisdiction in the region in
which the source is or will be located. A State Permit to Operate issued to a synthetic
minor source is federally enforceable.
E.
For any request for coverage under a general permit to construct a moderate source or
moderate modification, the public information procedures described in C. above will be
followed except that the public information will also include the request for coverage. A
general permit to construct which covers a moderate source or moderate modification is
federally enforceable.
F.
For any request for coverage under a general permit to operate a synthetic minor source,
the public information procedures described in D. above will be followed except that the
public information will also include the request for coverage. A general permit to operate
which covers a synthetic minor source is federally enforceable.
G.
For a multi-media permit incorporating a permit to construct a new moderate stationary
source, a moderate modification, or a new major stationary source impacting a
nonattainment area as defined in Rule 2.5.E, the DEQ will follow public information
procedures described in C. above. The incorporated permit to construct in such a permit
is federally enforceable.
H.
For a multi-media permit incorporating a State Permit to Operate a synthetic minor
source, the DEQ shall follow public information procedures described in D. above. The
incorporated State Permit to Operate in such a permit is federally enforceable.
I.
For a multi-media general permit incorporating a general permit to construct a moderate
source or moderate modification, the DEQ shall follow public information procedures
described in C. and E. above. The incorporated general permit to construct in such a
permit is federally enforceable.
J.
For a multi-media general permit incorporating a general permit to operate a synthetic
minor source, the DEQ shall follow public information procedures described in D. and F.
above. The incorporated general permit to operate in such a permit is federally
enforceable.
K.
For any application for a PAL permit at an existing major stationary source in accordance
with Rule 2.15.B. of these regulations, the DEQ shall follow public information
procedures described in 40 CFR 52.21(aa)(5) except that the term "Administrator" as it
appears shall mean the Permit Board.
L.
In addition to A. through F. above, the Permit Board may provide notice to the public and
provide opportunity for public comment on any application for a construction permit or
State Operating Permit.
M.
In addition to public hearings on PSD permits, as provided for in Commission Regulation
Miss. Admin. Code, Title 11, Part 2, Chapter 5, Regulations for the Prevention of
Significant Deterioration of Air Quality, the Permit Board may hold a public hearing on
any application for a construction permit or State Operating Permit if it determines that
there is sufficient interest in the application.