11 Miss. Code. R. 2-3.5

Current through December 10, 2024

Rule 11-2-3.5 - Emergency Orders

A. Following are emergency orders which may be appropriate for use by the Director upon his declaration that an Air Pollution Emergency Episode exists for any air contaminants for which air standards have been adopted:

(1) Air Pollution Alert

(a) Any one or combination of air contaminants:

(1) Any person responsible for the operation of a source of air contaminants as set forth in Rule 3.4.B. shall take all AIR POLLUTION ALERT actions as required for such source of air contamination, and shall particularly put into effect the emission control action programs for an AIR POLLUTION ALERT.

(b) PM₁₀

(1) There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.

(2) The use of incinerators for the disposal of any form of solid waste shall be limited to the hours between 12:00 Noon and 4:00 P.M.

(3) Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall perform such operations only between the hours of 12:00 Noon and 4:00 P.M.

(c) Nitrogen Oxides

(1) There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.

(2) The use of incinerators for the disposal of any form of solid waste shall be limited to the hours between 12:00 Noon and 4:00 P.M.

(2) Air Pollution Warning

(a) Any one or combination of air contaminants

(1) Any person responsible for the operation of a source of air contamination as set forth in Rule 3.4.A. shall take all AIR POLLUTION WARNING actions as required for such source of air contamination; and shall particularly put into effect the emission control action programs for an AIR POLLUTION WARNING.

(b) PM₁₀

(1) There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.

(2) The use of incinerators for the disposal of any form of solid waste or liquid waste shall be prohibited.

(3) Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall perform such operations only between the hours of 12:00 Noon and 4:00 P.M.

(c) Nitrogen oxides

(1) There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.

(2) The use of incinerators for the disposal of any form of solid waste or liquid waste shall be prohibited.

(3) Air Pollution Emergency

(a) Any one or combination of contaminants:

(1) Any person responsible for the operation of a source of air contamination as described in Rule 3.4.A. shall take all AIR POLLUTION EMERGENCY actions as listed as required for such source of air contaminants; and shall particularly put into effect the emission control action programs for an AIR POLLUTION EMERGENCY.

(2) All manufacturing establishments except those included in Rule 3.4.A(3)(a)(1) will institute such action as will result in maximum reduction of air contaminants from their operations by ceasing, curtailing, or postponing operations which emit air contaminants to the extent possible without causing injury to persons or damage to equipment.

(3) All places of employment described below shall immediately cease operations:

(i) Mining and quarrying of non-metallic minerals.

(ii) All contract construction work except that which must proceed to avoid physical harm.

(iii) Wholesale trade establishments, i.e. places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional users, or to other wholesalers, or acting as agents in buying merchandise for or selling merchandise to such persons or companies.

(iv) All offices of local, county, and state government including authorities, joint meetings, and any other public body; except to the extent that such office must continue to operate in order to enforce the requirements of this order pursuant to statute.

(v) All retail trade establishments except pharmacies and stores primarily engaged in the sale of food.

(vi) Banks; credit agencies other than banks; securities and commodities brokers, dealers, exchanges and services; office of insurance carriers, agents and brokers; real estate offices.

(vii) Wholesale and retail laundries; laundry services and cleaning and dyeing establishments; photographic studios; beauty shops, barber shops, shoe repair shops.

(viii) Advertising Offices; consumer credit reporting, adjustment and collection agencies; duplicating, addressing, blueprinting; photocopying, mailing, mailing list and stenographic services; equipment rental services; commercial testing laboratories.

(ix) Automobile repair, automobile services, garages.

(x) Establishments rendering amusement and recreation services including motion picture theaters.

(xi) Elementary and secondary schools, colleges, universities, professional schools, junior colleges, vocational schools, and public and private libraries.

(4) There shall be no open burning by any person of tree waste, vegetation, refuse, or debris in any form.

(5) The use of incinerators for the disposal of any form of solid waste or liquid waste shall be prohibited.

(6) The use of motor vehicles is prohibited except in emergencies with the approval of local or state police.

B. When the Director determines that an Air Pollution Emergency Episode condition exists at one or more monitoring sites solely because of emissions from a limited number of sources, he may order such source or sources to put into effect the emission control action programs which are applicable for each episode stage.

Table 1. EMISSION REDUCTION OBJECTIVES FOR PM10
Source of Air Contamination	Level	Action Required
1. Coal or oil-fired electric power generating facilities.	Alert	a. Substantial reduction by utilization of fuels having lowest available ash content.
		b. Maximum utilization of mid-day (12:00 Noon to 4:00 P.M.) atmospheric turbulence for boiler lancing and soot blowing.
		c. Substantial reduction by diverting electric power generation to facilities outside of Alert Area.
	Warning	a. Maximum reduction by utilization of fuels having lowest available ash content.
		b. Maximum utilization of mid-day (12:00 Noon to 4:00 P.M.) atmospheric turbulence for boiler lancing and soot blowing.
		c. Maximum reduction by diverting electric power generation to facilities outside of Warning Area.
	Emergency	a. Maximum reduction by utilization of fuels having lowest available ash content.
		b. Maximum utilization of midday (12:00 Noon to 4:00 P.M.) atmospheric turbulence for boiler lancing and soot blowing.
		c. Maximum reduction by diverting electric power generation to facilities outside of Emergency Area
2. Coal or oil-fired process steam generating facilities	Alert	a. Substantial reduction by utilization of fuels having lowest available ash content
		b. Maximum utilization of mid-day (12:00 Noon to 4:00 P.M.) atmospheric turbulence for boiler lancing and soot blowing.
		c. Reduction of steam load demands consistent with continuing plant operations.
	Warning	a. Maximum reduction by utilization of fuels having lowest available ash content.
		b. Maximum utilization of mid-day (12:00 Noon to 4:00 P.M.) atmospheric turbulence for boiler lancing and soot blowing.
		c. Reduction of steam load demands consistent with continuing plant operations.
		d. Making ready for use a plan of action to be taken if an emergency develops.
	Emergency	a. Maximum reduction by reducing heat and steam demands to absolute necessities consistent with preventing equipment damage.
		b. Maximum utilization of mid-day (12:00 Noon to 4:00 p.m.) atmospheric turbulence for boiler lancing and soot blowing.
3. A - Manufacturing, processing, and mining industries.	Alert	a. Substantial reduction of air contaminants from manufacturing operations by curtailing, postponing, or deferring production and allied operations.
AND		b. Maximum reduction by deferring trade waste disposal operations which emit particles, gases, vapors or malodorous substances.
B - Other persons required by the Commission to prepare standby plans.		c. Reduction of heat load demands for processing consistent with continuing plant operations.
	Warning.	a. Maximum reduction of air contaminants from manufacturing operations by, if necessary, assuming reasonable economic hardship by postponing production and allied operations.
	Emergency	a. Elimination of air contaminants from manufacturing operations by ceasing, curtailing, postponing or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.
		b. Elimination of air contaminants from trade waste disposal processes which emit particles, gases, vapors or malodorous substances.
		c. Maximum reduction of heat load demands for processing.
4. Refuse disposal operations	Alert	a. Maximum reduction by prevention of open burning.
		b. Substantial reduction by limiting burning of refuse in incinerators to the hours between 12:00 Noon and 4:00 p.m.
	Warning	a. Maximum reduction by prevention of open burning.
		b. Complete elimination of the use of incinerators.
	Emergency	a. Maximum reduction by prevention of open burning.
		b. Complete elimination of the use of incinerators.

Table 2. EMISSION REDUCTION OBJECTIVES FOR SULFUR OXIDES
Source of Air Contamination	Level	Action Required
1. Coal or oil-fired electric power generating facilities.	Alert	a. Substantial reduction by utilization of fuels having lowest available sulfur content.
b. Substantial reduction by diverting electric power generation to facilities outside of Alert Area.
Warning	a. Substantial reduction by utilization of fuels having lowest available sulfur content.
b. Substantial reduction by diverting electric power generation to facilities outside of Warning Area.
Emergency	a. Maximum reduction by utilization of fuels having lowest available sulfur content.
b. Maximum reduction by diverting electric power generation to facilities outside of Emergency Area.
2. Coal or oil-fired process steam generating facilities.	Alert	a. Substantial reduction by utilization of fuels having lowest available sulfur content.
b. Reduction of steam load demands consistent with continuing plant operations.
Warning	a. Maximum reduction by utilization of fuels having the lowest available sulfur content.
b. Reduction of steam load demands consistent with continuing plant operations.
	c. Making ready for use a plan of action to be taken if an emergency develops.
	Emergency	a. Maximum reduction by reducing heat and steam demands to absolute necessities consistent with preventing equipment damage.
		b. Taking the action called for in the emergency plan.
3. A - Manufacturing and Processing Industries AND B. - Other persons required by the Commission to prepare standby plans.	Alert	a. Substantial reduction of air contaminants from manufacturing operations by curtailing, postponing, or deferring production and allied operations.
		b. Maximum reduction by deferring trade waste disposal operations which emit particles, gases, vapors, or malodorous substances.
		c. Reduction of heat load demands for processing consistent with continuing plant operations.
	Warning	a. Maximum reduction of air contaminants from manufacturing operations by, if necessary, assuming reasonable economic hardship postponing production and allied operations.
		b. Maximum reduction by deferring trade waste disposal operations which emit particles, gases, vapors, or malodorous substances.
c. Reduction of heat load demands for processing consistent with continuing plant operations.
Emergency	a. Elimination of air contaminants from manufacturing operations by ceasing, curtailing, postponing, or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.
b. Elimination of air contaminants from trade waste disposal processes which emit particles, gases, vapors or malodorous substances.
c. Maximum reduction of heat load demands for processing.

TABLE 3. EMISSION REDUCTION OBJECTIVES FOR NITROGEN OXIDES
Source of Air Contamination	Level	Action Required
1. Steam-electric power generating facilities.	Alert	a. Substantial reduction by utilization of fuel which results in the formation of less air contaminant.
b. Substantial reduction by diverting electric power generation to facilities outside of Alert Area.
Warning	a. Maximum reduction by utilization of fuel which results in the formation of less air contaminant.
b. Maximum reduction by diverting electric power generation to facilities outside of Warning Area.
Emergency	a. Maximum reduction by diverting electric power generation to facilities outside of Emergency Area.
2. Process steam generating facilities.	Alert	a. Substantial reduction by utilization of fuel which results in the formation of less air contaminant.
b. Reduction of steam load demands consistent with continuing plant operations.
Warning	a. Maximum reduction by utilization of fuel which results in the formation of less air contaminant.
b. Reduction of steam load demands consistent with continuing plant operations.
c. Making ready for use a plan of action to be taken if an emergency develops.
Emergency	a. Maximum reduction by reducing heat and steam demands to absolute necessities consistent with preventing equipment damage.
3. A.- Manufacturing and processing industries. AND B. - Other persons required by the Commission to prepare standby plans.	Alert	a. Substantial reduction of air contaminants from manufacturing operations by curtailing, postponing, or deferring production and allied operations.
b. Maximum reduction by deferring trade waste disposal operations which emit particles, gases, vapors, or malodorous substances.
c. Reduction of heat load demands for processing consistent with continuing plant operations.
Warning	a. Maximum reduction of air contaminants from manufacturing operations by, if necessary, assuming reasonable economic hardship by postponing production and allied operations.
b. Maximum reduction by deferring trade waste disposal operations which emit particles, gases, vapors, or malodorous substances.
c. Reduction of heat load demands for processing consistent with continuing plant operations.
Emergency	a. Elimination of air contaminants from manufacturing operations by ceasing, curtailing, postponing or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.
b. Elimination of air contaminants from trade waste disposal processes which emit particles, gases, vapors or malodorous substances.
c. Maximum reduction of heat load demands for processing.
4. Stationary internal combustion engines	Alert	a. Reduction of power demands for pumping consistent with continuing operations.
Warning	a. Reduction of power demands for pumping consistent with continuing operations.
b. Maximum reduction by utilization of fuels or power source which results in the formation of less air contaminants.
5. Refuse disposal operations.	Alert.	a. Maximum reduction by prevention of open burning.
b. Substantial reduction by limiting burning of refuse in incinerators to the hours between 12:00 Noon and 4:00 p.m.
	Warning	a. Maximum reduction by prevention of open burning.
		b. Complete elimination of the use of incinerators.
	Emergency	a. Maximum reduction by prevention of open burning.
		b. Complete elimination of the use of incinerators.

Table 4. EMISSION REDUCTION OBJECTIVES FOR HYDROCARBONS
Source of Air Contamination	Alert	Action Required
1. Petroleum products storage and distribution.	Alert	a. Substantial reduction of air contaminants by curtailing, postponing, or deferring transfer operations.
Warning	a. Maximum reduction of air contaminants by assuming reasonable economic hardship by postponing transfer operations.
Emergency	a. Elimination of air contaminants by curtailing, postponing, or deferring transfer operations to the extent possible without causing damage to equipment.
2. Surface coating and preparation.	Alert	a. Substantial reduction of air contaminants by curtailing, postponing, or deferring transfer operations.
Warning	a. Maximum reduction of air contaminants by assuming reasonable economic hardship by postponing transfer operations.
Emergency	a. Elimination of air contaminants by curtailing, postponing, or deferring transfer operations to the extent possible without causing damage to equipment.
3. A - Manufacturing and processing industries. AND B. - Other persons required by the Commission to prepare standby plans.	Alert	a. Substantial reduction of air contaminants from manufacturing operations by curtailing, postponing, or deferring production and allied operations.
Warning	a. Maximum reduction of air contaminants from manufacturing operations by, if necessary, assuming reasonable economic hardship by postponing production and allied operations.
Emergency	a. Elimination of air contaminants from manufacturing operations by ceasing, curtailing, postponing or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.

TABLE 5. EMISSION REDUCTION OBJECTIVES FOR CARBON MONOXIDE
Source of Air Contamination	Level	Action Required
1. A-Manufacturing AND B - Other persons required by the Commission to prepare standby plans.	Alert	a. Substantial reduction of air contaminants from manufacturing operations by curtailing, postponing, or deferring production and allied operations.
Warning	a. Substantial reduction of air contaminants from manufacturing operations by, if necessary, assuming reasonable economic hardship by postponing production and allied operations.
Emergency	a. Elimination of air contaminants from manufacturing operations by ceasing, curtailing, postponing or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.
Refuse disposal operations	Alert	a. Maximum reduction by prevention of open burning.
Warning	a. Maximum reduction by prevention of open burning.
Emergency	a. Maximum reduction by prevention of open burning.

11 Miss. Code. R. 2-3.5

Miss. Code Ann. §§ 49-2-9(1)(b), 49-17-17, 49-2-1, et seq. and 49-17-1, et seq.