11 Miss. Code. R. 2-1.3

Current through December 10, 2024
Rule 11-2-1.3 - Specific Criteria for Sources of Particulate Matter
A. Smoke.
(1) No person shall cause, permit, or allow the emission of smoke from a point source into the open air from any manufacturing, industrial, commercial or waste disposal process which exceeds forty (40) percent opacity subject to the exceptions provided in Rule 1.3.A(2) & (3).
(2) Startup operations may produce emissions which exceed 40% opacity for up to fifteen (15) minutes per startup in any one hour and not to exceed three (3) startups per stack in any twenty-four (24) hour period.
(3) Emissions resulting from soot blowing operations shall be permitted provided such emissions do not exceed 60 percent opacity, and provided further that the aggregate duration of such emissions during any twenty-four (24) hour period does not exceed ten (10) minutes per billion BTU gross heating value of fuel in any one hour.
B. Equivalent Opacity. No person shall cause, allow, or permit the discharge into the ambient air from any point source or emissions, any air contaminant of such opacity as to obscure an observer's view to a degree in excess of 40% opacity, equivalent to that provided in Rule 1.3.A.(1) This shall not apply to vision obscuration caused by uncombined water droplets.
C. General Nuisances. No person shall cause, permit, or allow the emission of particles or any contaminants in sufficient amounts or of such duration from any process as to be injurious to humans, animals, plants, or property, or to be a public nuisance, or create a condition of air pollution.
(1) No person shall cause or permit the handling or transporting or storage of any material in a manner which allows or may allow unnecessary amounts of particulate matter to become airborne.
(2) When dust, fumes, gases, mist, odorous matter, vapors, or any combination thereof escape from a building or equipment in such a manner and amount as to cause a nuisance to property other than that from which it originated or to violate any other provision of this regulation, the Commission may order such corrected in a way that all air and gases or air and gasborne material leaving the building or equipment are controlled or removed prior to discharge to the open air
D. Fuel Burning
(1) Fossil Fuel Burning. The maximum permissible emission of ash and/or particulate matter from fossil fuel burning installations shall be limited as follows:
(a) Emissions from installations of less than 10 million BTU per hour heat input shall not exceed 0.6 pounds per million BTU per hour heat input.
(b) Emissions from installations equal to or greater than 10 million BTU per hour heat input but less than 10,000 million BTU per hour heat input shall not exceed an emission rate as determined by the relationship

E = 0.8808 * I -0.1667

where E is the emission rate in pounds per million BTU per hour heat input and I is the heat input in millions of BTU per hour.

(c) Emissions from installations equal to or greater than 10,000 million BTU per hour heat input shall not exceed 0.19 pounds per million BTU per hour heat input.
(2) Combination Boilers. Fuel burning operations utilizing a mixture of combustibles such as, but not limited to, fossil fuels plus bark, oil plus bark, or spent wood, or water treatment by-products sludge, to produce steam or heat water or any other heat transfer medium through indirect means may be allowed emission rates up to 0.30 grains per standard dry cubic foot.
E. Kraft Process Recovery Boilers. The emissions of particulate matter from a recovery furnace stack shall not exceed four (4) pounds per ton of equivalent air-dried Kraft pulp produced at any given time.
F. Manufacturing Processes.
(1) General. Except as otherwise specified, no person shall cause, permit, or allow the emission of particulate matter in total quantities in any one hour from any manufacturing process, which includes any associated stacks, vents, outlets, or combination thereof, to exceed the amount determined by the relationship

E = 4.1 p 0.67

where E is the emission rate in pounds per hour and p is the process weight input rate in tons per hour.

Conveyor discharge of coarse solid matter may be allowed if no nuisance is created beyond the property boundary where the discharge occurs.

(2) Kraft Pulping Mills. All mills existing prior to January 25, 1972, and not modified subsequent thereto shall comply with the following emission limits:
(a) Recovery Furnaces. The emission of particulate matter from recovery furnace stacks shall not exceed four pounds per ton of equivalent air-dried Kraft pulp.
(b) Lime Kilns. The emission of particulate matter from lime kilns shall not exceed one pound per ton of equivalent air-dried Kraft pulp.
(c) Smelt Tanks. The emission of particulate matter from smelt tanks shall not exceed one-half pound per ton of equivalent air-dried Kraft pulp.
G. Open Burning. The open burning of residential, commercial, institutional, or industrial solid waste, is prohibited, except as specified herein. This prohibition does not apply to infrequent burning of agricultural wastes in the field, silvicultural wastes for forest management purposes, land-clearing debris, debris from emergency clean-up operations, and ordnance; and permitted open burning at hazardous waste disposal facilities subject to regulation under Subtitle C of the Federal Resource Conservation and Recovery Act (RCRA).
(1) Fires set for the burning of agricultural wastes in the field and/or silvicultural wastes for forest management purposes must meet the following conditions.
(a) A Permit must be obtained from the Mississippi Forestry Commission.
(b) The open burning must occur within a time period allowing adequate diffusion of air pollutants as defined by the permit and the daily weather guides issued by the National Weather Forecast Office.
(c) Starter or auxiliary fuels may consist of dried vegetation, petroleum derived fuels of the gasoline, kerosene, or light fuel oil types (diesel), or a combination thereof. Use of or burning of other combustible material that causes excessive visible emission (e.g., rubber tires, plastic materials, etc.) is prohibited.
(2) Open burning of land-clearing debris must not use starter or auxiliary fuels which cause excessive smoke (rubber tires, plastics, etc.); must not be performed if prohibited by local ordinances; must not cause a traffic hazard; must not take place where there is a High Fire Danger Alert declared by the Mississippi Forestry Commission or Emergency Air Pollution Episode Alert imposed by the Executive Director and must meet the following buffer zones.
(a) Open burning without a forced-draft air system must not occur within 500 yards of an occupied dwelling.
(b) Open burning utilizing a forced-draft air system on all fires to improve the combustion rate and reduce smoke may be done within 500 yards of but not within 50 yards of an occupied dwelling.
(c) Burning must not occur within 500 yards of commercial airport property, private air fields, or marked off-runway aircraft approach corridors unless written approval to conduct burning is secured from the proper airport authority, owner or operator.
(3) Permitted open burning at a hazardous waste disposal facility subject to regulation under Subtitle C of RCRA is considered a stationary source of air pollution subject to Mississippi air emission permitting regulations.
(4) The prohibition of open burning of residential solid waste applies to open burning of leaves and other yard waste by residential property owners, except when the Department has deferred the regulation of the burning of leaves and other yard wastes to a county board of supervisors and/or municipal governing body, and that county or municipal governing body has in effect a local ordinance that regulates such open burning and has been approved by the Department. Local ordinances approved by the Department must provide that the leaves or other yard waste is burned on the residential property where it originated. Approved local ordinances must also be deemed protective of air quality and public welfare by the Department and must provide for appropriate burning prohibitions and restrictions during Air Quality Action Days. Additionally, approved local ordinances must include fire safety provisions including prohibitions and restrictions on open burning coordinated through the State Forestry Commission during dry weather conditions.
(5) Air Quality Action Days. Open burning of agricultural wastes and silvicultural wastes described in G(1) above, open burning of land-clearing debris described in G(2) above, permitted open burning at a hazardous waste disposal facility described in G(3) above, and open burning of residential leaves and other yard wastes described in G(4) above are prohibited in the specified county(ies) when an Air Quality Action Day is declared by the Executive Director. Certain Air Quality Action Days declared by the Executive Director may be designated as Ozone Action Days in DeSoto County, Hancock County, Harrison County and Jackson County. Ozone Action Days shall be noticed the evening before on the MDEQ website and/or with local news media. The Mississippi Department of Transportation, Mississippi State Forestry Commission, local fire officials, and County Emergency Management Agencies (EMA) shall also be notified the evening before an Ozone Action Day.
H. Incineration.
(1) The maximum discharge of particulate matter from any incinerator, except those specified in paragraph (2) or (3) of this rule, or those specified in Rule 1.6 and 1.12 shall not exceed 0.2 grains per standard dry cubic foot of flue gas calculated to twelve percent (12%) carbon dioxide by volume for products of combustion. This limitation shall apply when the incinerator is operating at design capacity.

The carbon dioxide produced by combustion of any auxiliary fuels shall be excluded from the calculation to twelve percent (12%) carbon dioxide. After May 8, 1970, any new equipment shall be of the multiple chamber type or its equivalent for emission control. In critical areas where an installation is in close proximity to a residential area, an incinerator, except those specified in paragraph (2) of this rule, or those specified in Rule 1.6 and 1.12, shall be limited to emissions of 0.1 grains per standard dry cubic foot of flue gases calculated to twelve percent (12%) carbon dioxide by volume for products of combustion.

(2) The maximum discharge of smoke from the incineration of waste material resulting totally from the ginning of cotton shall not obscure an observer's view to a degree in excess of 40% opacity.

Start-up operations may produce emissions which exceed 40% opacity for up to fifteen minutes per start-up in any one hour not to exceed three (3) start-ups in any twenty-four (24) hour period.

After July 1, 1994, the emission limitation specified in paragraph (1) of this rule shall also be applicable to cotton gin waste incinerators.

(3) The emission limitation in paragraph (1) above does not apply to afterburners, flares, thermal oxidizers, and other similar devices used to reduce the emissions of air pollutants from processes.
I. Sampling Ports.
(1) New Equipment: The owner or operator of any new air pollution control equipment, obtained after May 8, 1970, and vented to the atmosphere, shall have necessary sampling ports and ease of accessibility.
(2) Existing Equipment: The owner or operator of air pollution control equipment that is in existence prior to May 8, 1970, shall provide the necessary sampling ports and ease of accessibility when deemed necessary by the Permit Board.
J. More Restrictive Emission Limits. The Commission reserves the right to prescribe more stringent emission limits as it deems necessary in problem areas. The expansion, alteration, or establishment of a new industry may also result in the prescription of more stringent emission limits.

11 Miss. Code. R. 2-1.3

Miss. Code Ann. §§ 49-2-9(1)(b), 49-17-17, 49-2-1, et seq. and 49-17-1, et seq.
Amended 12/20/2014
Amended 12/10/2016
Amended 6/24/2018