2007 Regular Session
To: Conservation and Water Resources
By: Representative Franks
AN ACT TO AMEND SECTION 49-17-34, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A MORATORIUM ON CERTAIN PERMITS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-17-34, Mississippi Code of 1972, is amended as follows:
49-17-34. (1) Within fifteen (15) days after receipt by the Department of Environmental Quality an application for any initial or modified air or water permit required under the Mississippi Air and Water Pollution Control Law that is submitted after April 16, 1993, the Department of Environmental Quality shall acknowledge in writing receipt of such application. Except for good cause shown, within forty-five (45) days after receipt of a permit application, the Department of Environmental Quality shall notify the applicant that the application is complete or of the major components required to complete the application.
(2) All rules, regulations and standards relating to air quality, water quality or air emissions or water discharge standards promulgated by the commission after April 16, 1993, shall be consistent with and shall not exceed the requirements of federal statutes and federal regulations, standards, criteria and guidance relating to air quality, water quality or air emission or water discharge standards that have been duly promulgated pursuant to the federal Administrative Procedures Act, including, but not limited to, the identity and scope of air pollutants included as air toxics or air quality or emission standards, the identity and scope of water pollutants included as water quality or discharge standards and the numerical and narrative limitations of such standards.
(3) If there are no federal statutes or federal regulations, standards, criteria or guidance that have been duly promulgated pursuant to the federal Administrative Procedures Act addressing matters relating to air quality or water quality, or air emission or water discharge standards, the commission may promulgate regulations to address these matters in accordance with the Mississippi Administrative Procedures Act, when the commission determines that such regulations are necessary to protect human health, welfare or the environment.
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(4) In order to protect the health and welfare of the citizens of the State of Mississippi against the negative health effects of Perfluorooctanoic acid (PFOA), there is imposed a moratorium beginning on passage of House Bill No. , 2007 Regular Session, and ending upon a determination by the Mississippi Department of Health that PFOA is not bio-cumulative, bio-persistent or a likely carcinogen. Except as otherwise provided in this section, the moratorium shall also apply to all initial and modified permits and transfers of permits for new or expanded PFOA facilities and the transfer of existing permits for incineration, treatment, processing or disposal facility pending before the permit board during the moratorium period.
SECTION 2. This act shall take effect and be in force from and after July 1, 2007.