Mississippi Commission on Environmental Quality
Summary of Meeting Held June
23, 2011
Prepared By Brunini,
Grantham, Grower & Hewes, PLLC
The Mississippi Commission on
Environmental Quality convened at 9:00 a.m. on June 23, at the offices of the
Mississippi Department of Environmental Quality in Jackson.
Jack Winstead chaired the meeting attended by all Commission members. Minutes from the last meeting held in May
were approved. Following a prepared
agenda, items considered were as follows:
FY
– 2012 TITLE V FEE RECOMMENDATIONS
A public hearing was held on June
2, 2011, to receive comments regarding the FY-2012 Title V fee. The fee will be $36 per ton, which is the
same rate as FY-2011. No comments were
received at the public hearing. Per
staff’s recommendation, the Commission voted to approve the Title V fee.
LIST
OF IMPAIRED WATER BODIES
MDEQ staff requested that the
Commission adopt the 2010 Mississippi Section 303(d) List of Impaired Water
Bodies that do not have a Total Maximum Daily Load (TMDL). MDEQ has reviewed and addressed all comments
received at the public hearing. EPA has
approved the list as submitted with minor corrections based on public and EPA
comments. The Commission voted to adopt
the list.
AMENDMENTS
TO COMMISSION
REGULATION UST-2
The amendments to the Underground
Storage Tank Regulation UST-2 were proposed in order that the regulations would
be consistent with the requirements set forth in the National Energy Policy Act
of 2005 as authorized by Mississippi Senate Bill 2376. The proposed revision establishes training
requirements for all persons responsible for the operation and maintenance of
underground storage tank systems.
Following a public hearing held on June 2, 2011, MDEQ received comments
from the Mississippi Petroleum Marketers and Convenience Store Association.
Therefore, MDEQ staff requested additional time to review and address
the comments received. These amendments
will be presented to the Commission for consideration and approval at a later
date.
BONNER
ANALYTICAL TESTING COMPANY, INC.
(LAMAR
COUNTY)
An enforcement evidentiary
hearing against Bonner Analytical Testing Company, Inc. and Dr. Michael Bonner
for violations of the Commission’s hazardous waste management regulations was
held before a hearing officer on April 19, 2011. At the May meeting, the Commission voted to
approve the hearing officer’s recommended decision to impose a $15,000 monetary
penalty against Bonner. Today the
Commission voted to approve an order which includes findings of fact and
conclusions of law related to its final decision in this matter.
PROPOSED
AMENDMENTS TO HAZARDOUS WASTE
REGULATIONS
On July 27, 2011 at 1:30 p.m.,
MDEQ will conduct a public hearing concerning the adoption by reference of
Federal hazardous waste regulations promulgated between October 30, 2008 and
May 31, 2011. This will allow MDEQ to
maintain consistency of the State regulations with the Federal regulations and
to continue to receive delegation by EPA to administer the base Hazardous Waste
Program in Mississippi. The Commission will be asked to approve the
proposed amendments at a later date following the public hearing.
CERTIFICATIONS
APPROVED
Asbestos: 148 asbestos certifications
Lead Paint: 42 lead paint certifications
ADMINISTRATIVE
ORDERS APPROVED
Twenty-four administrative orders issued by the Executive
Director and approved by the Commission included the following matters:
|
Program Area
|
Number of Orders
|
Penalty Range
|
|
Storm Water
|
5
|
$3,500 to
$20,000
|
|
NPDES
|
|
|
|
Discharges
|
2
|
$0
|
|
Air
|
2
|
$2,000
|
|
Underground Storage
|
|
|
|
Tanks
|
1
|
$500
|
|
Non-Hazardous Waste
|
1
|
$0
|
|
Other
|
4
|
$3,500 to
$124,000
|
The remaining nine Orders were not enforcement-oriented, but
rather dealt with adoption of regulations, modification of a solid waste
management facility, Brownfield projects, and other routine administrative
matters.
The next Commission meeting is scheduled for August 25,
at 9:00 a.m. (the July meeting is cancelled).
This Newsletter is a publication of the Environmental Department
of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This
Newsletter is not designed or intended to provide legal or professional advice,
as any such advice requires the consideration of the facts of the specific situation.
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