in Mississippi

CHAPTER 18
ENVIRONMENTAL ISSUES
Michael Caples
NATIONAL AMBIENT AIR QUALITY STANDARD
In order to protect the health and well-being of Americans, the U.S. Environmental Protection
Agency (EPA) and state and local governments share the responsibility for regulating air quality
under the Clean Air Act (CAA). National Ambient Air Quality Standards (NAAQS) are
standards, established by the EPA for pollutants considered harmful to public health and the
environment. The CAA established two types of national air quality standards: primary and
secondary. Primary standards set limits to protect public health, including the health of
“sensitive” populations such as children, asthmatics and the elderly. Secondary standards set
limits to protect public welfare including protection against decreased visibility, damage to
animals, crops, vegetation, and buildings.
The EPA has set NAAQS for six principal pollutants deemed "criteria" pollutants. These
pollutants are Carbon Monoxide (CO), Lead, Nitrogen Dioxide (NO 2 ), Ground-Level Ozone,
Particulate Matter, and Sulfur Dioxide (SO 2 ). If the EPA finds the concentration of one or more
criteria pollutants in a geographic area exceeds the regulated level for one or more of the
NAAQS, the agency can classify the area as a “nonattainment” area. The EPA does classify
areas with concentrations of criteria pollutants that are below the levels established by the
NAAQS as “attainment.”
MISSISSIPPI AIR QUALITY REGULATION
The state of Mississippi has integrated its Air Quality Regulation with its water quality
legislation.
The standards for air and water are set out together in the Air and Water Pollution Control Law
(AWPCL). (Code, §§ 49-17-1 to 49-17-43). The AWPCL establishes that the standards are
determined by the Mississippi Commission on Environmental Quality (CEQ) (Code, § 49-17-
19). The AWPCL sets out guidelines for unlawful actions pertaining to both air and water
standards in the state. (Code, § 49-17-29). All rules, regulations, and standards relating to air
quality and air emissions are consistent with and must not exceed the requirements of federal
statutes, regulations, and standards including air pollutants named as air toxics. (Code, § 49-17-
34).
The Ambient Air Quality Standards for Mississippi are the Primary and Secondary NAAQS as
dually promulgated by the U.S. EPA in 40 C.F.R. § 50. Under APC-S-4, “all such standards
promulgated by the U.S. EPA as of June 22, 1988, are hereby adopted and incorporated herein
by the Commission by reference as the official ambient air quality standards of the State of
Mississippi and shall hereafter be enforceable as such.”
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