11 Miss. Code. R. 2-2.4

Current through December 10, 2024
Rule 11-2-2.4 - Public Participation and Public Availability of Information
A. For any application for a Prevention of Significant Deterioration permit to construct, the DEQ will follow the public participation procedures specified in 11 Miss. Admin Code Pt. 2, Ch. 5. in lieu of the requirements set forth herein.
B. For any application for a Title V permit, the DEQ will follow the public participation procedures specified in 11 Miss. Admin. Code Pt. 2, Ch. 6. in lieu of the requirements set forth herein.
C. For any application for a permit to construct or State Permit to Operate that requests federally enforceable physical and/or operational limitations on the capacity of the source to limit the source's potential to emit or that is subject to review and permitting under R. 2.5.E., the DEQ will provide opportunity for public comment on information submitted by the owner and operator. These procedures shall include the following:
(1) The DEQ shall publish the public notice and draft permit on the DEQ's website. The public notice and draft permit will remain available on the website for the duration of the public comment period. The DEQ may supplement the website noticing method by other noticing methods on individual permits.
(2) The public notice shall identify the following information:
(a) the affected facility;
(b) the name and address of the permittee;
(c) the name and address of the Permit Board;
(d) the activity or activities involved in the permit action;
(e) the emissions change involved in any permit modification;
(f) the name and contact information of a person from whom interested persons may obtain additional information, including the draft permit, the application, and all other materials relevant to the permit decision except for information entitled to confidential treatment;
(g) a brief description of the comment procedures and deadline for receipt of comments; and
(h) the time and place of any hearing that may be held or a statement of procedures to request a hearing.
(3) The DEQ shall provide at least 30 days for public comment and shall give notice of any public hearing at least 30 days in advance of the hearing.
(4) 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 currently located or is proposed to be located.
(5) The DEQ shall make available for public inspection the DEQ's analysis of the effect of construction or modification on ambient air quality, including the DEQ's proposed issuance or denial, and, upon request, the information submitted by the permit applicant.
(6) The DEQ may hold a public hearing on any application for a permit to construct or State Permit to Operate if it determines that there is sufficient interest in the application.
(7) A permit issued pursuant to these procedures is considered federally enforceable.
D. In addition to A. through C. above, the Permit Board may provide notice to the public and provide opportunity for public comment on any application for a permit to construct or State Permit to Operate.

11 Miss. Code. R. 2-2.4

Miss. Code Ann. §§ 49-2-9 (1)(b), 49-17-17, 49-17-28, 49-17-29, 49-2-1, et seq. and 49-17-1, et seq.
Amended 4/1/2024