Mississippi Department of Environmental Quality; require to evaluate toxic air pollutants and revise air quality standards.

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To: Public Health and Human
Services; Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Summers, Porter,
Cockerham

HOUSE BILL NO. 1162

AN ACT TO REQUIRE THE MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL 1
QUALITY TO ESTABLISH A LIST OF CERTAIN TOXIC AIR POLLUTANTS AND 2
CONTAMINANTS THAT MAY CAUSE THE PUBLIC, ESPECIALLY INFANTS AND 3
CHILDREN, TO BE SUSCEPTIBLE TO ILLNESS; TO REQUIRE THE DEPARTMENT 4
TO REVIEW AND REVISE ANY CONTROL MEASURES ADOPTED FOR THE TOXIC 5
AIR POLLUTANTS AND CONTAMINANTS IDENTIFIED ON SUCH LIST WITHIN TWO 6
YEARS OF THE ESTABLISHMENT OF THE LIST; TO REQUIRE THE DEPARTMENT 7
TO PREPARE A REPORT ON THE NEED FOR RULES OR REGULATIONS FOR UP TO 8
FIVE OF THOSE TOXIC AIR POLLUTANTS AND CONTAMINANTS FOR WHICH NO 9
CONTROL MEASURES HAVE BEEN PREVIOUSLY ADOPTED WITHIN THREE YEARS 10
OF THE ESTABLISHMENT OF SUCH LIST; TO REQUIRE THE DEPARTMENT TO 11
ADOPT WITHIN THAT SAME THREE-YEAR TIMEFRAME ANY NEW CONTROL 12
MEASURES TO REDUCE EXPOSURE TO THOSE TOXIC AIR POLLUTANTS AND 13
CONTAMINANTS TO PROTECT PUBLIC HEALTH, PARTICULARLY THE HEALTH OF 14
INFANTS AND CHILDREN; TO REQUIRE THE DEPARTMENT TO ANNUALLY 15
EVALUATE AT LEAST FIFTEEN TOXIC AIR POLLUTANTS AND CONTAMINANTS 16
IDENTIFIED OR DESIGNATED BY THE DEPARTMENT AND PROVIDE THRESHOLD 17
EXPOSURE LEVELS AND NONTHRESHOLD HEALTH VALUES FOR THOSE TOXIC AIR 18
POLLUTANTS AND CONTAMINANTS; TO REQUIRE THE DEPARTMENT TO PREPARE 19
A REPORT ON THE NEED FOR REGULATIONS FOR UP TO FIVE OF THE TOXIC 20
AIR POLLUTANTS AND CONTAMINANTS CONTAINED ON SUCH LIST FOR WHICH 21
NO CONTROL MEASURES HAVE BEEN PREVIOUSLY ADOPTED, OR FOR AT LEAST 22
FIVE OF THE TOXIC AIR POLLUTANTS AND CONTAMINANTS IF MORE THAN 23
FIVE TOXIC AIR POLLUTANTS AND CONTAMINANTS HAVE BEEN IDENTIFIED; 24
TO REQUIRE THE DEPARTMENT TO PROMULGATE RULES AND REGULATIONS TO 25
REDUCE EMISSIONS AND AIRBORNE LEVELS OF SUCH TOXIC AIR POLLUTANTS 26
AND CONTAMINANTS TO COMPLY WITH CERTAIN STANDARDS; TO PROVIDE 27
THAT THE DEPARTMENT SHALL, WITH THE PARTICIPATION OF, AND IN 28
CONSULTATION WITH, AFFECTED SOURCES, THE INTERESTED PUBLIC, AND A 29
DIVERSE GROUP OF EXPERTS, PREPARE A REPORT ON THE NEED AND 30
APPROPRIATE DEGREE OF REGULATION FOR EACH SUBSTANCE WHICH THE 31
DEPARTMENT HAS DETERMINED TO BE A TOXIC AIR POLLUTANT OR 32
CONTAMINANT; TO PROVIDE CERTAIN REQUIREMENTS FOR SUCH REPORT; TO 33
PROVIDE THAT SUCH REPORT AND RELEVANT COMMENTS RECEIVED DURING 34
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CONSULTATION WITH AFFECTED SOURCES AND THE PUBLIC SHALL BE MADE 35
AVAILABLE FOR PUBLIC REVIEW AND COMMENT AT LEAST FORTY-FIVE DAYS 36
PRIOR TO A PUBLIC HEARING; TO DEFINE THE TERM "COVERED FACILITY"; 37
TO REQUIRE COVERED FACILITIES TO CONDUCT FENCE LINE MONITORING OF 38
COVERED AIR TOXICS AND REPORT THE RESULTS TO THE PUBLIC; TO BRING 39
FORWARD SECTIONS 49-2-31, 49-17-19, 49-17-21, 49-17-25, 49-17-27, 40
49-17-29, 49-17-31, 49-17-33, 49-17-34 AND 49-17-35, MISSISSIPPI 41
CODE OF 1972, WHICH RELATE TO RISK ASSESSMENT, AIR QUALITY 42
STANDARDS, PUBLIC NOTICE OF EMERGENCY, ADOPTION OF REGULATIONS AND 43
PUBLIC HEARINGS, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR 44
RELATED PURPOSES. 45
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 46
SECTION 1. (1) The Legislature finds and declares that 47
certain toxic air pollutants and contaminants may pose risks that 48
cause infants and children to be especially susceptible to 49
illness, and that certain actions are necessary to ensure their 50
safety from toxic air pollutants and contaminants. 51
(2) The Mississippi Department of Environmental Quality 52
(MDEQ) shall establish a list of up to five (5) toxic air 53
pollutants and contaminants that may cause the public, especially 54
infants and children, to be susceptible to illness. In developing 55
the list, the department shall take into account public exposures 56
to toxic air pollutants and contaminants, whether by themselves or 57
by interacting with other toxic air pollutants and contaminants. 58
(3) Within two (2) years of the establishment of the list 59
required under subsection (2) of this act, the department shall 60
review and, as appropriate, revise any control measures adopted 61
for the toxic air pollutants and contaminants identified on the 62
list, to reduce exposure to those toxic air pollutants and 63
contaminants, to protect public health, particularly the health of 64
infants and children. 65
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(4) Within three (3) years of the establishment of the list 66
required under subsection (2) of this act, for up to five (5) of 67
those toxic air pollutants and contaminants for which no control 68
measures have been previously adopted, the department shall 69
prepare a report on the need for rules or regulations. The 70
department shall adopt within that same three-year timeframe, as 71
appropriate, any new control measures to reduce exposure to those 72
toxic air pollutants and contaminants to protect public health, 73
particularly the health of infants and children. 74
(5) The department shall annually evaluate at least fifteen 75
(15) toxic air pollutants and contaminants identified or 76
designated by the department, and provide threshold exposure 77
levels and nonthreshold health values, as appropriate, for those 78
toxic air pollutants and contaminants. The activities required 79
under this subsection (5) shall continue until all toxic air 80
pollutants and contaminants are evaluated. Based on this 81
evaluation, the department shall update the list established under 82
subsection (2) of this act, by July 1, 2027, and each year 83
thereafter. 84
Within three (3) years of the initial or subsequent listing 85
update, for up to five (5) of the toxic air pollutants and 86
contaminants contained on that list for which no control measures 87
have been previously adopted, or for at least five (5) of the 88
toxic air contaminants if more than five (5) toxic air 89
contaminants have been identified, the department shall prepare a 90
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report on the need for rules or regulations. The department shall 91
adopt within that three-year timeframe, as appropriate, new 92
control measures to reduce exposure to those toxic air pollutants 93
and contaminants to protect public health, and particularly the 94
health of infants and children. 95
(6) Toxic air pollutants and contaminants evaluated and 96
listed under this section shall not include substances in those 97
uses that are not subject to regulation by the department. 98
(7) The department shall promulgate rules and regulations to 99
reduce emissions and airborne levels of such toxic air pollutants 100
and contaminants evaluated and listed under this section to comply 101
with standards as provided in Section 49-17-19. 102
SECTION 2. (1) Following the department's determinations 103
and findings under Section 1 of this act, the executive officer of 104
the department shall, with the participation of, and in 105
consultation with, affected sources, the interested public, and a 106
diverse group of experts, as determined by the department, prepare 107
a report on the need and appropriate degree of regulation for each 108
substance which the department has determined to be a toxic air 109
pollutant or contaminant. 110
(2) The report shall address all of the following issues, to 111
the extent data can reasonably be made available: 112
(a) The rate and extent of present and anticipated 113
future emissions, the estimated levels of human exposure, and the 114
risks associated with those levels; 115
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(b) Potential ways to increase communication and 116
transparency that alerts the public about violations and potential 117
negative health threats; 118
(c) The stability, persistence, transformation 119
products, dispersion potential, and other physical and chemical 120
characteristics of the substance when present in the ambient air; 121
(d) The categories, numbers, and relative contribution 122
of present or anticipated sources of the substance, including 123
mobile, industrial, agricultural, and natural sources; 124
(e) An evaluation of the adequacy of current air 125
quality monitoring systems, and the availability and technological 126
feasibility of airborne toxic control measures to reduce or 127
eliminate emissions, the anticipated effect of airborne toxic 128
control measures on levels of exposure, and the degree to which 129
proposed airborne toxic control measures are compatible with, or 130
applicable to, recent technological improvements or other actions 131
which emitting sources have implemented or taken in the recent 132
past to reduce emissions; 133
(f) The approximate cost of each airborne toxic control 134
measure, the magnitude of risks posed by the substances as 135
reflected by the amount of emissions from the source or category 136
of sources, and the reduction in risk which can be attributed to 137
each airborne toxic control measure; 138
(g) The availability, suitability, and relative 139
efficacy of substitute compounds of a less hazardous nature; and 140
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(h) The potential adverse health, safety, or 141
environmental impacts that may occur as a result of implementation 142
of an airborne toxic control measure. 143
(2) The report, and relevant comments received during 144
consultation with affected sources and the public, shall be made 145
available for public review and comment at least forty five (45) 146
days prior to a public hearing as provided in Section 49-17-25. 147
SECTION 3. (a) For purposes of this act, the term "covered 148
facility" means a stationary source of air pollution that meets 149
specific criteria established by the United States Environmental 150
Protection Agency (EPA). A facility's coverage under the EPA's 151
Toxics Release Inventory Program is determined by its 6-digit 152
North American Industry Classification System (NAICS) code. 153
(b) Covered facilities shall conduct real-time fence line 154
monitoring of covered air toxics and report the results of such 155
monitoring to the public. A covered facility's outreach to 156
communities near the such facility shall be conducted in the two 157
(2) most prevalent languages spoken in the communities. 158
(c) The Mississippi Air Quality Control Commission shall 159
consider adding new types of covered facilities and covered air 160
toxics at least every five (5) years. 161
SECTION 4. Section 49-2-31, Mississippi Code of 1972, is 162
brought forward as follows: 163
49-2-31. (1) Before July 1, 1995, the Department of 164
Environmental Quality shall complete a comparative risk assessment 165
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that will include consideration of environmental risks to the 166
health and welfare of the citizens of Mississippi and to the 167
environment. The assessment also shall include an examination of 168
environmental factors, public health factors and socioeconomic 169
factors. The department shall provide for public participation in 170
the assessment process. 171
(2) The requirements of this section shall be contingent 172
upon the receipt of federal funds. 173
SECTION 5. Section 49-17-19, Mississippi Code of 1972, is 174
brought forward as follows: 175
49-17-19. In order to carry out the purposes of Sections 176
49-17-1 through 49-17-43, the commission may set ambient standards 177
of air and water quality for the state or portions thereof. Such 178
ambient standards of quality shall be such as to protect the 179
public health and welfare and the present and prospective future 180
use of such air and of such waters for public water supplies, 181
propagation of fish and aquatic life and wildlife, recreational 182
purposes, and agricultural, industrial and other legitimate uses. 183
Such ambient standards may be amended from time to time as 184
determined to be necessary by the commission. In order to carry 185
out the purposes of Sections 49-17-1 through 49-17-43, the 186
commission may also set emission standards for the purpose of 187
controlling air contamination, air pollution and the sources 188
thereof. In establishing ambient air quality standards for odor, 189
the commission shall adopt recognized objective standards if they 190
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exist. In the absence of a recognized objective ambient air 191
quality standard for odor, the commission may adopt such 192
subjective standards as may be appropriate. 193
In establishing such standards relating to pesticides and 194
commercial fertilizers for underground water, the commission shall 195
adopt federal standards if they exist. If no federal standard 196
exists, the commission shall petition the United States 197
Environmental Protection Agency to establish a federal standard 198
for the substance of interest. If the commission determines that 199
a federal standard cannot be obtained within thirty (30) days, it 200
shall consult with the United States Environmental Protection 201
Agency's Office of Drinking Water and Office of Pesticide Programs 202
regarding the agency's conclusion relative to available 203
toxicological information on the substance of interest and on the 204
methodology used for establishing a federal standard. The 205
commission shall utilize this information and methodology to 206
establish a standard. The commission may also consult with and 207
request similar information from other sources. 208
SECTION 6. Section 49-17-21, Mississippi Code of 1972, is 209
brought forward as follows: 210
49-17-21. (a) The commission or its duly authorized 211
representative shall have the power to enter at reasonable times 212
upon any private or public property, and the owner, managing agent 213
or occupant of any such property shall permit such entry for the 214
purpose of inspecting and investigating conditions relating to 215
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pollution or the possible pollution of any air or waters of the 216
state and to have access to such records as the commission may 217
require under subsection (b) of this section. 218
(b) The commission may require the maintenance of records 219
relating to the operation of air contamination sources or water 220
disposal systems, and any authorized representative of the 221
commission may examine and copy any such records or memoranda 222
pertaining to the operation of such air contamination source or 223
water disposal system. The records shall contain such information 224
as the commission may require. Copies of such records shall be 225
submitted to the commission upon request. 226
(c) The commission may conduct, authorize or require tests 227
and take samples of air contaminants or waste waters, fuel, 228
process material or other material which affects or may affect (1) 229
emission of air contaminants from any source, or (2) waste water 230
disposal systems. Upon request of the commission, the person 231
responsible for the source to be tested shall provide necessary 232
sampling ports in stacks or ducts and such other safe and proper 233
sampling and testing facilities as may be necessary for proper 234
determination of the emission of air contaminants. If an 235
authorized employee of the commission during the course of any 236
inspection obtains a sample of air contaminant, fuel, process 237
material or other material, he shall give the owner or operator of 238
the equipment or fuel facility a receipt for the sample obtained. 239
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(d) The commission may require the installation, maintenance 240
and use of such monitoring equipment and methods at such locations 241
and intervals as the commission deems necessary. 242
SECTION 7. Section 49-17-25, Mississippi Code of 1972, is 243
brought forward as follows: 244
49-17-25. (1) Prior to the adoption, amendment or repeal of 245
rules and regulations necessary to implement this chapter, 246
Sections 17-17-1 through 17-17-47, Sections 21-27-201 through 247
21-27-221, Sections 37-138-1 through 37-138-31, and all other laws 248
administered by the department, the commission shall conduct a 249
public hearing or hearings thereon after public notice. Such 250
notice shall be given by publication once a week for three (3) 251
successive weeks in a newspaper having a general circulation 252
throughout the state. The notice shall contain a description of 253
the proposed regulation and the time, date and place of the 254
hearing. 255
(2) Additionally, the adoption, amendment or repeal of any 256
rule or regulation under this chapter, Sections 17-17-1 through 257
17-17-47, Sections 21-27-201 through 21-27-221, Sections 37-138-1 258
through 37-138-31 and all other laws administered by the 259
department shall be governed by the "Mississippi Administrative 260
Procedures Law." Any rule or regulation heretofore or hereafter 261
adopted, amended or repealed in substantial compliance with the 262
procedural requirements under Section 25-43-7 shall be valid. A 263
proceeding to contest any rule or regulation on the ground of 264
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noncompliance with the procedural requirements of this section 265
must be commenced within one (1) year from the effective date of 266
the rule or regulation. 267
(3) Notice of rules and regulations adopted by the 268
commission shall be published once in a newspaper having general 269
circulation throughout the state. 270
SECTION 8. Section 49-17-27, Mississippi Code of 1972, is 271
brought forward as follows: 272
49-17-27. In the event an emergency is found to exist by the 273
commission, it may issue an emergency order as circumstances may 274
require. Said emergency order shall become operative at the time 275
and date designated therein and shall remain in force until 276
modified or cancelled by the commission or superseded by a regular 277
order of the commission or for a period of forty-five (45) days 278
from its effective date, whichever shall occur first, and may be 279
enforced by an injunction if necessary. 280
The chancery court shall always be deemed open for hearing 281
requests for injunctions to enforce such emergency orders and the 282
same shall have precedence over other matters. 283
When, in the opinion of the commission or its executive 284
director, an emergency situation exists which creates an imminent 285
and substantial endangerment threatening the public health and 286
safety or the lives and property of the people of this state, 287
notice shall be given immediately to local governing authorities, 288
both county and municipal, the state emergency management 289
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organization, and the Governor for appropriate action in 290
accordance with applicable laws for protections against disaster 291
situations. 292
SECTION 9. Section 49-17-29, Mississippi Code of 1972, is 293
brought forward as follows: 294
49-17-29. (1) (a) Except as in compliance with paragraph 295
(b) of this subsection, it is unlawful for any person to cause 296
pollution of the air in the state or to place or cause to be 297
placed any wastes or other products or substances in a location 298
where they are likely to cause pollution of the air. It is also 299
unlawful to discharge any wastes, products or substances into the 300
air of the state which exceed standards of performance, hazardous 301
air pollutant standards, other emission standards set by the 302
commission, or which reduce the quality of the air below the air 303
quality standards or increments established by the commission or 304
prevent attainment or maintenance of those air quality standards. 305
Any such action is hereby declared to be a public nuisance. 306
(b) It is unlawful for any person to build, erect, 307
alter, replace, use or operate any equipment which will cause the 308
issuance of air contaminants unless that person holds a permit 309
from the Permit Board (except repairs or maintenance of equipment 310
for which a permit has been previously issued), or unless that 311
person is exempted from holding a permit by a regulation 312
promulgated by the commission. Concentrated animal feeding 313
operations may be a source or a category of sources exempted under 314
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this paragraph. However, no new or existing applications relating 315
to swine concentrated animal feeding operations within a county 316
shall be exempted from regulations and ordinances which have been 317
duly passed by the county's board of supervisors and which are in 318
force on June 1, 1998. 319
(2) (a) Except as in compliance with paragraph (b) of this 320
subsection, it is unlawful for any person to cause pollution of 321
any waters of the state or to place or cause to be placed any 322
wastes in a location where they are likely to cause pollution of 323
any waters of the state. It is also unlawful to discharge any 324
wastes into any waters of the state which reduce the quality of 325
those waters below the water quality standards established by the 326
commission; or to violate any applicable pretreatment standards or 327
limitations, technology-based effluent limitations, toxic 328
standards or any other limitations established by the commission. 329
Any such action is declared to be a public nuisance. 330
(b) It is unlawful for any person to carry on any of 331
the following activities, unless that person holds a current 332
permit for that activity from the Permit Board as may be required 333
for the disposal of all wastes which are or may be discharged into 334
the waters of the state, or unless that person is exempted from 335
holding a permit by a regulation promulgated by the commission: 336
(i) the construction, installation, modification or operation of 337
any disposal system or part thereof or any extension or addition 338
thereto, including, but not limited to, systems serving 339
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agricultural operations; (ii) the increase in volume or strength 340
of any wastes in excess of the permissive discharges specified 341
under any existing permit; (iii) the construction, installation or 342
operation of any industrial, commercial or other establishment, 343
including irrigation projects or any extension or modification 344
thereof or addition thereto, the operation of which would cause an 345
increase in the discharge of wastes into the waters of the state 346
or would otherwise alter the physical, chemical or biological 347
properties of any waters of the state in any manner not already 348
lawfully authorized; (iv) the construction or use of any new 349
outlet for the discharge of any wastes into the waters of the 350
state. However, no new or existing applications relating to swine 351
concentrated animal feeding operations within a county shall be 352
exempted from regulations and ordinances which have been duly 353
passed by the county's board of supervisors and which are in force 354
on June 1, 1998. 355
(3) (a) Except as otherwise provided in this section, the 356
Permit Board created by Section 49-17-28 shall be the exclusive 357
administrative body to make decisions on permit issuance, 358
reissuance, denial, modification or revocation of air pollution 359
control and water pollution control permits and permits required 360
under the Solid Wastes Disposal Law of 1974 (Title 17, Chapter 361
17), and all other permits within the jurisdiction of the Permit 362
Board. After consideration of alternative waste treatment 363
technologies available to control air and water pollution and 364
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odor, including appropriate siting criteria, the commission may 365
promulgate regulations establishing conditions, limitations and 366
exemptions under which the Permit Board shall make these 367
decisions. Regulations promulgated by the commission which 368
establish exemptions as authorized under this section shall apply 369
to any applicable facility in operation on the effective date of 370
that regulation and to any applicable facility constructed or 371
operated after the effective date of that regulation. The Permit 372
Board may issue multiple permits for the same facility or 373
operation simultaneously or in the sequence that it deems 374
appropriate consistent with the commission's regulations. Except 375
as otherwise provided in this paragraph, the Permit Board, under 376
any conditions that the board may prescribe, may authorize the 377
Executive Director of the Department of Environmental Quality to 378
make decisions on permit issuance, reissuance, denial, 379
modification or revocation. The executive director shall not be 380
authorized to make decisions on permit issuance, reissuance, 381
denial, modification or revocation for a commercial hazardous 382
waste management facility or a solid waste management permit for a 383
municipal solid waste landfill or incinerator. A decision by the 384
executive director shall be a decision of the Permit Board and 385
shall be subject to formal hearing and appeal as provided in this 386
section. The executive director shall report all permit decisions 387
to the Permit Board at its next regularly scheduled meeting and 388
those decisions shall be recorded in the minutes of the Permit 389
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Board. The decisions of the Permit Board shall be recorded in 390
minutes of the Permit Board and shall be kept separate and apart 391
from the minutes of the commission. The decision of the Permit 392
Board or the executive director to issue, reissue, deny, modify or 393
revoke permits shall not be construed to be an order or other 394
action of the commission. 395
(b) The Executive Director of the Department of 396
Environmental Quality shall also be the Executive Director of the 397
Permit Board and shall have available to him, as Executive 398
Director of the Permit Board, all resources and personnel 399
otherwise available to him as executive director of the 400
department. 401
(c) All persons required to obtain an air pollution 402
control or water pollution control permit, a permit under the 403
Solid Wastes Disposal Law of 1974 (Title 17, Chapter 17) or any 404
other permit within the jurisdiction of the Permit Board shall 405
make application for that permit with the Permit Board. The 406
Permit Board, under any regulations as the commission may 407
prescribe, may require the submission of those plans, 408
specifications and other information as it deems necessary to 409
carry out Sections 49-17-1 through 49-17-43 and Title 17, Chapter 410
17, or to carry out the commission's regulations adopted under 411
those sections. The Permit Board, based upon any information as 412
it deems relevant, shall issue, reissue, deny, modify or revoke 413
air pollution control or water pollution control permit or permits 414
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required under the Solid Wastes Disposal Law of 1974 (Title 17, 415
Chapter 17) or any other permit within the jurisdiction of the 416
Permit Board under any conditions as it deems necessary that are 417
consistent with the commission's regulations. The Permit Board's 418
action of issuance, reissuance, denial, modification or revocation 419
of a permit as recorded in its minutes shall constitute a complete 420
decision of the board. All permits issued by the Permit Board 421
shall remain in full force and effect until the board makes a 422
final determination regarding any reissuance, modification, or 423
revocation thereof. The Permit Board shall take action upon an 424
application within one hundred eighty (180) days following its 425
receipt in the board's principal office. No action which affects 426
revocation of an existing permit shall take effect until the 427
thirty (30) days mentioned in paragraph (4)(b) of this section has 428
expired or until a formal hearing as prescribed in that paragraph 429
is held, whichever is later. 430
(d) The Permit Board may adopt rules of practice and 431
procedure governing its proceedings that are consistent with the 432
commission's regulations. All hearings in connection with permits 433
issued, reissued, denied, modified or revoked and all appeals from 434
decisions of the Permit Board shall be as provided in this 435
section. 436
(e) Upon any conditions that are consistent with the 437
commission's regulations and subject to those procedures for 438
public notice and hearings as provided by law, not inconsistent 439
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with federal law and regulations, the Permit Board may issue 440
general permits and, where appropriate, may consolidate multiple 441
permits for the same facility or operation into a single permit. 442
(f) The Permit Board shall not issue any permit for a 443
new swine concentrated animal feeding operation or the expansion 444
of an existing swine concentrated animal feeding operation before 445
January 1, 2000, unless the department received the application 446
for that operation's new or modified permit before February 28, 447
1998, or except as provided in this paragraph (f). In issuing or 448
modifying any permit for which the department received an 449
application before February 28, 1998, the Permit Board shall apply 450
those siting criteria adopted or used by the commission before 451
February 28, 1998, unless federal law or regulations require more 452
stringent criteria. The moratorium established in this paragraph 453
shall not apply to the issuance of any permit for a new swine 454
concentrated animal feeding operation or the expansion of an 455
existing swine concentrated animal feeding operation that uses an 456
animal waste management system which the applicant demonstrates to 457
the Permit Board is innovative in significantly reducing the 458
effects of the operation on the public health, welfare or the 459
environment and which is approved by the Permit Board. The Permit 460
Board shall not issue or modify more than five (5) permits under 461
this innovative animal waste management system technology 462
exemption to the moratorium. 463
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(g) Each applicant for a permit for a new outlet for 464
the discharge of wastes into the waters of the state who is 465
required to obtain a certificate of public convenience and 466
necessity from the Public Service Commission for such wastewater 467
system shall submit financial and managerial information as 468
required by the Public Utilities Staff. Following review of that 469
information, the Executive Director of the Public Utilities Staff 470
shall certify in writing to the executive director of the 471
department, the financial and managerial viability of the system 472
if the Executive Director of the Public Utilities Staff determines 473
the system is viable. The Permit Board shall not issue the permit 474
until the certification is received. 475
(4) (a) Except as required by this section, before the 476
issuance, reissuance, denial, modification or revocation of any 477
air pollution control or water pollution control permit, permit 478
required under the Solid Wastes Disposal Law of 1974 (Title 17, 479
Chapter 17) or any other permit within its jurisdiction, the 480
Permit Board, in its discretion, may hold a public hearing or 481
meeting to obtain comments from the public on its proposed action. 482
Before the issuance, reissuance, denial, modification pertaining 483
to the expansion of a facility, transfer or revocation of a permit 484
for a commercial hazardous waste management facility or a solid 485
waste management permit for a commercial municipal solid waste 486
landfill or incinerator, the Permit Board shall conduct a public 487
hearing or meeting to obtain comments from the public on the 488
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proposed action. That hearing or meeting shall be informal in 489
nature and conducted under those procedures as the Permit Board 490
may deem appropriate consistent with the commission's regulations. 491
(b) Within thirty (30) days after the date the Permit 492
Board takes action upon permit issuance, reissuance, denial, 493
modification or revocation, as recorded in the minutes of the 494
Permit Board, any interested party aggrieved by that action may 495
file a written request for a formal hearing before the Permit 496
Board. An interested party is any person claiming an interest 497
relating to the property or project which is the subject of the 498
permit action, and who is so situated that the person may be 499
affected by the disposition of that action. 500
The Permit Board shall fix the time and place of the formal 501
hearing and shall notify the permittee of that time and place. 502
In conducting the formal hearing, the Permit Board shall have 503
the same full powers as to subpoenaing witnesses, administering 504
oaths, examining witnesses under oath and conducting the hearing, 505
as is now vested by law in the Mississippi Public Service 506
Commission, as to the hearings before it, with the additional 507
power that the Executive Director of the Permit Board may issue 508
all subpoenas at the instance of the Permit Board or at the 509
instance of any interested party. Any subpoenas shall be served 510
by any lawful officer in any county to whom the subpoena is 511
directed and return made thereon as provided by law, with the cost 512
of service being paid by the party on whose behalf the subpoena 513
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was issued. Witnesses summoned to appear at the hearing shall be 514
entitled to the same per diem and mileage as witnesses attending 515
the circuit court and shall be paid by the person on whose behalf 516
the witness was called. Sufficient sureties for the cost of 517
service of the subpoena and witness fees shall be filed with the 518
Executive Director of the Permit Board at the time that issuance 519
of the subpoena is requested. At a hearing, any interested party 520
may present witnesses and submit evidence and cross-examine 521
witnesses. 522
The Permit Board may designate a hearing officer to conduct 523
the formal hearing on all or any part of the issues on behalf of 524
the Permit Board. The hearing officer shall prepare the record of 525
the formal hearing conducted by that officer for the Permit Board 526
and shall submit the record to the Permit Board. 527
Upon conclusion of the formal hearing, the Permit Board shall 528
enter in its minutes the board's decision affirming, modifying or 529
reversing its prior decision to issue, reissue, deny, modify or 530
revoke a permit. The Permit Board shall prepare and record in its 531
minutes findings of fact and conclusions of law supporting its 532
decision. That decision, as recorded in its minutes with its 533
findings of fact and conclusions of law, shall be final unless an 534
appeal, as provided in this section, is taken to chancery court 535
within twenty (20) days following the date the decision is entered 536
in the board's minutes. 537
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(c) Within twenty (20) days after the date the Permit 538
Board takes action upon permit issuance, reissuance, denial, 539
modification or revocation after a formal hearing under this 540
subsection as recorded in the minutes of the Permit Board, any 541
person aggrieved of that action may appeal the action as provided 542
in subsection (5) of this section. 543
(5) (a) Appeals from any decision or action of the Permit 544
Board shall be only to chancery court as provided in this 545
subsection. 546
(b) Any person who is aggrieved by any decision of the 547
Permit Board issuing, reissuing, denying, revoking or modifying a 548
permit after a formal hearing may appeal that decision within the 549
period specified in subsection (4)(c) of this section to the 550
chancery court of the county of the situs in whole or in part of 551
the subject matter. The appellant shall give a cost bond with 552
sufficient sureties, payable to the state in the sum of not less 553
than One Hundred Dollars ($100.00) nor more than Five Hundred 554
Dollars ($500.00), to be fixed by the Permit Board and to be filed 555
with and approved by the Executive Director of the Permit Board, 556
who shall forthwith certify the filing of the bond together with a 557
certified copy of the record of the Permit Board in the matter to 558
the chancery court to which the appeal is taken, which shall 559
thereupon become the record of the cause. An appeal to the 560
chancery court as provided in this section shall not stay the 561
decision of the Permit Board. The aggrieved party may, within 562
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twenty (20) days following the date the board's decision after a 563
formal hearing is entered on the board's minutes, petition the 564
chancery court for an appeal with supersedeas and the chancellor 565
shall grant a hearing on that petition. Upon good cause shown, 566
the chancellor may grant that appeal with supersedeas. If 567
granted, the appellant shall be required to post a bond with 568
sufficient sureties according to law in an amount to be determined 569
by the chancellor. Appeals shall be considered only upon the 570
record as made before the Permit Board. The chancery court shall 571
always be deemed open for hearing of an appeal and the chancellor 572
may hear the same in termtime or in vacation at any place in the 573
chancellor's district, and the appeal shall have precedence over 574
all civil cases, except election contests. The chancery court 575
shall review all questions of law and of fact. If no prejudicial 576
error is found, the matter shall be affirmed. If prejudicial 577
error is found the decision of the board shall be reversed and the 578
chancery court shall remand the matter to the Permit Board for 579
appropriate action as may be indicated or necessary under the 580
circumstances. Appeals may be taken from the chancery court to 581
the Supreme Court in the manner as now required by law, except 582
that if a supersedeas is desired by the party appealing to the 583
chancery court, that party may apply for a supersedeas to the 584
chancellor of that court, who shall award a writ of supersedeas, 585
without additional bond, if in the chancellor's judgment material 586
damage is not likely to result thereby; but otherwise, the 587
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chancellor shall require a supersedeas bond as the chancellor 588
deems proper, which shall be liable to the state for any damage. 589
SECTION 10. Section 49-17-31, Mississippi Code of 1972, is 590
brought forward as follows: 591
49-17-31. (a) Whenever the commission or an employee 592
thereof has reason to believe that a violation of any provision of 593
Sections 49-17-1 through 49-17-43 or Sections 17-17-1 through 594
17-17-47 or a regulation or of any order of the commission or of 595
any limitation or condition of a valid permit has occurred, the 596
commission may cause a written complaint to be served upon the 597
alleged violator or violators. The complaint shall specify the 598
provisions of said sections or regulation or order or permit 599
alleged to be violated and the facts alleged to constitute a 600
violation thereof, and shall require that the alleged violator 601
appear before the commission at a time and place specified in the 602
notice and answer the charges complained of. Said time of 603
appearance before the commission shall be not less than ten (10) 604
days from the date of the service of the complaint. 605
(b) The commission shall afford an opportunity for a fair 606
hearing to the alleged violator or violators at the time and place 607
specified in the complaint. On the basis of the evidence produced 608
at the hearing, the commission shall make findings of fact and 609
conclusions of law and enter such order as in its opinion will 610
best further the purposes of Sections 49-17-1 through 49-17-43 and 611
Sections 17-17-1 through 17-17-47, and shall give written notice 612
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of such order to the alleged violator and to such other persons as 613
shall have appeared at the hearing or made written request for 614
notice of the order, and the commission may assess such penalties 615
as hereinafter provided. 616
(c) Except as otherwise expressly provided, any notice, or 617
other instrument issued by or under authority of the commission 618
may be served on any person affected thereby personally or by 619
publication, and proof of such service may be made in like manner 620
as in case of service of a summons in a civil action, such proof 621
to be filed in the office of the commission; or such service may 622
be made by mailing a copy of the notice, order, or other 623
instrument by certified mail, directed to the person affected at 624
his last known post office address as shown by the files or 625
records of the commission, and proof thereof may be made by the 626
affidavit of the person who did the mailing, filed in the office 627
of the commission. 628
SECTION 11. Section 49-17-33, Mississippi Code of 1972, is 629
brought forward as follows: 630
49-17-33. The hearings herein provided may be conducted by 631
the commission itself at a regular or special meeting of the 632
commission, or the commission may designate a hearing officer, who 633
may be the executive director, who shall have the power and 634
authority to conduct such hearings in the name of the commission 635
at any time and place as conditions and circumstances may warrant. 636
The hearing officer shall have the record prepared of any hearing 637
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which he has conducted for the commission. Such record shall be 638
submitted to the commission along with that hearing officer's 639
findings of fact and recommended decision. Upon receipt and 640
review of the record of the hearing and the hearing officer's 641
findings of fact and recommended decision, the commission shall 642
thereupon render its final decision in the matter. Any person 643
ordered to appear for an alleged violation shall have the right to 644
request a hearing before a majority of the commission if he 645
prefers and such a hearing may then be set for the next regular 646
meeting of the full commission, or specially. A verbatim record 647
of the proceedings of such hearings shall be taken and filed with 648
the commission, together with findings of fact and conclusions of 649
law made by the commission. Witnesses who are subpoenaed shall 650
receive the same fees and mileage as in civil actions. In case of 651
contumacy or refusal to obey a notice of hearing or subpoena 652
issued under this section, the circuit court shall have 653
jurisdiction, upon application of the commission or its 654
representative, to issue an order requiring such person to appear 655
and testify or produce evidence as the case may require and any 656
failure to obey such order of the court may be punished by such 657
court as contempt thereof. Failure to appear at any such hearing, 658
without prior authorization to do so from the commission or its 659
designee, may result in the commission finding the alleged 660
violator guilty of the charges complained of by default, and at 661
such time an order may be entered, including the assessment of a 662
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penalty, which, in the opinion of the commission, will best 663
further the purposes of Section 17-17-1 et seq., and Section 664
49-17-1 et seq. 665
SECTION 12. Section 49-17-34, Mississippi Code of 1972, is 666
brought forward as follows: 667
49-17-34. (1) Within fifteen (15) days after receipt by the 668
Department of Environmental Quality an application for any initial 669
or modified air or water permit required under the Mississippi Air 670
and Water Pollution Control Law that is submitted after April 16, 671
1993, the Department of Environmental Quality shall acknowledge in 672
writing receipt of such application. Except for good cause shown, 673
within forty-five (45) days after receipt of a permit application, 674
the Department of Environmental Quality shall notify the applicant 675
that the application is complete or of the major components 676
required to complete the application. 677
(2) All rules, regulations and standards relating to air 678
quality, water quality or air emissions or water discharge 679
standards promulgated by the commission after April 16, 1993 shall 680
be consistent with and shall not exceed the requirements of 681
federal statutes and federal regulations, standards, criteria and 682
guidance relating to air quality, water quality or air emission or 683
water discharge standards that have been duly promulgated pursuant 684
to the federal Administrative Procedures Act, including but not 685
limited to the identity and scope of air pollutants included as 686
air toxics or air quality or emission standards, the identity and 687
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scope of water pollutants included as water quality or discharge 688
standards and the numerical and narrative limitations of such 689
standards. 690
(3) If there are no federal statutes or federal regulations, 691
standards, criteria or guidance that have been duly promulgated 692
pursuant to the federal Administrative Procedures Act addressing 693
matters relating to air quality or water quality, or air emission 694
or water discharge standards, the commission may promulgate 695
regulations to address these matters in accordance with the 696
Mississippi Administrative Procedures Act, when the commission 697
determines that such regulations are necessary to protect human 698
health, welfare or the environment. 699
(4) For any initial or modified air or water permit issued 700
from and after January 1, 1994, except with the written consent of 701
the permit applicant, no provision or condition imposing any duty, 702
responsibility or liability on the permittee shall be included in 703
such permit, the direct basis for which has not been first 704
promulgated as a regulation by the commission in accordance with 705
the requirements of the Mississippi Administrative Procedures Act. 706
"Direct basis" shall mean that such permit provisions or 707
conditions shall not exceed the scope, coverage and effect of the 708
regulation upon which it is based including, but not limited to, 709
frequency or time limit of action, technology, identity and scope 710
of pollutants regulated, numerical or narrative standards or 711
limitations. 712
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ST: Mississippi Department of Environmental
Quality; require to evaluate toxic air
pollutants and revise air quality standards.
SECTION 13. Section 49-17-35, Mississippi Code of 1972, is 713
brought forward as follows: 714
49-17-35. Any interested person shall have the right to 715
request the commission to call a hearing for the purpose of taking 716
action in respect to any matter within the jurisdiction of the 717
commission by making a request therefor in writing. Upon receipt 718
of any such request, the commission shall conduct such 719
investigations as it deems necessary and may call a special 720
hearing or may schedule such matter for its next regular meeting 721
or hearing day, and after such hearings and with all convenient 722
speed and in any event within thirty (30) days after the 723
conclusion of such hearing shall take such action on the subject 724
matter thereof as it may deem appropriate. 725
SECTION 14. This act shall take effect and be in force from 726
and after July 1, 2026. 727