Air Regulation in Mississippi

Under the authority of the Mississippi Air and Water Pollution Control Law, Miss. Code Ann. §§ 49-17-1 through 49-17-43, MDEQ’s Air Division (“AD”) is responsible for ensuring that air quality within Mississippi is protective of public health and welfare.  The AD is charged with controlling, preventing, and abating air pollution to achieve compliance with air emission regulations pursuant to the Mississippi Air and Water Pollution Control Act, applicable regulations promulgated by the U.S. Environmental Protection Agency (“EPA”), and the federal Clean Air Act.  While the AD handles administrative procedures for establishing the annual Title V fee and the annual emissions reporting for fee assessment, all air permitting other than acid rain is handled in the MDEQ Environmental Permits Division (“EPD”).  

Prior to initiating any construction or modifications to equipment which may cause the emission of air pollutants, the owner must apply to MDEQ for a construction permit.   Specifically, any new "Greenfield" stationary source, unless excluded by the Clean Air Act or specific enabling regulation, must obtain a construction permit. Similarly, a true minor stationary source, while not required to obtain a permit to operate, is required to obtain a construction permit.  While some modifications are excluded, others in specific categories require a construction permit.  Following construction, MDEQ requires operating permits.  However, any new "Greenfield" stationary source required to obtain a Title V permit must apply for an operating permit simultaneously with a construction permit for a term of either (1) twelve months from the effective startup date of the source or (2) until the source obtains its Title V permit, whichever is earlier. Any new "Greenfield" or existing stationary source that willing to accept federally enforceable limit(s) to prevent potential air emissions from exceeding thresholds may instead apply for a Synthetic Minor Operating Permit.  Finally, any new "Greenfield" or existing stationary source that meets certain criteria will have to either comply with a MACT standard or undergo a MACT "case-by-case" analysis as required under §112 of the Clean Air Act.

The AD, in conjunction with the Air Advisory Council, evaluates the annual revenue needed to conduct an adequate Title V program. The revenue needs are reported to the CEQ so that the appropriate fee rate ($/ton) can be adopted prior to the September 1 annual fee payment date. In April, 2008, pursuant to Miss. Code Ann. §49-17-30, the CEQ proposed a new Title V permit fee to be paid annually to MDEQ by the owner and/or operator of any stationary source.  In Fiscal Year 2009, the rate will increase from $31/ton to $36/ton of regulated air pollutants with a minimum fee of $250.00.