Mississippi Environmental Quality Permit Board Summary of Meeting Held March 9, 2010

Mississippi Environmental Quality Permit Board Summary of Meeting Held March 9, 2010

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board convened its regular monthly meeting at 9:00 a.m. on March 9, at the offices of the Mississippi Department of Environmental Quality in Jackson.  All Board members were present for the meeting chaired by Kent Ford.  However, Tim Darnell recused himself from all pollution control permit matters and left the meeting early.  Minutes from the February meeting were approved, as were all non-controversial permits issued by the staff since the last meeting.  Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

Mississippi Power Company, Kemper IGCC Facility (Kemper County)

Issue State Operating Permit with No Discharge  MSU009005

Modify PSD Permit to Construct Air Emission Equipment  1380-00017

Modify NPDES Storm Water Construction General Permit Coverage  MSR104866

The staff recommended that the Board issue the above permits in accordance with applications and requests from Mississippi Power.  Mississippi Power proposes to construct and operate a 600-megawatt generating plant which will be fueled by gas produced by the gasification of lignite coal mined from an area adjacent to the power plant. 

The Board heard statements from two objectors.  The first objector was a citizen who lives one and one half miles from the proposed Kemper County site.  She stated concerns about loss of wildlife habitat, siltation of local streams, noise, and air pollution that may be caused by the large power plant project and its associated lignite mine.  The second objector, Louie Miller of the Sierra Club, encouraged the Board to consider the 43 pages of comments objecting the project and previously submitted by the Club.  Mr. Miller highlighted four comments:

1) The staff had based its recommendation on data obtained from an air monitor located on the Gulf Coast rather than local air monitors,

2) The staff considered PM10 particulate matter rather than the more hazardous PM2.5,

3) The staff’s contention that the Best Available Control Technology (BACT) applied to the plant was incorrect because better technology was available, and

4) The 16.2 billion pounds of CO2 per year that the plant would emit was not going to be consistent with forthcoming rules from the EPA on greenhouse gases. 

Miller also contended that the numbers favored Mississippi Power because the staff had considered the generating plant and the mine separately rather than as one facility.

After the staff responded to the objections raised, the Board issued all applied-for permits to Mississippi Power Company. 

EVIDENTARY HEARING

Harrison County Utility Authority (Harrison County) 

Issuance of Groundwater Withdrawal Permits                  No. MS-GW-16614 and MS-GW-16631

This evidentiary hearing was convened at the request of Riverbend Utilities, Inc.  In October 2009, the Harrison County Utility Authority applied for permits to drill and operate two public water supply wells in western Harrison County.  Riverbend objected to the issuance of the permits contending that the new wells were within the recognized certificated area of Riverbend and that the proximity of the two new wells to Riverbend’s wells would negatively impact water quality as well as Riverbend’s ability to meet the future water needs of its customers.  In October, the Board issued the permits over Riverbend’s objections and Riverbend appealed.

In pre-filed testimony, Jamie Crawford explained that Harrison County was not going to serve customers in the area certificated to Riverbend.  Crawford also stated that models run by his staff indicated that impacts to the 700 feet deep Lower Graham Ferry Aquifers by the new wells would be negligible.  Riverbend’s experts contended that the supply would be jeopardized due to overuse.  Statistical data pertaining to water use versus groundwater aquifer levels was also presented.  At the end of the hearing, the Board unanimously upheld its original decision.

OFFICE OF GEOLOGY

Surface Mining Bond Releases

Columbus Brick Company                                Lowndes          P95-118

Ellis Construction Company, Inc.                      Lowndes          P02-017

J.J. Ferguson Sand & Gravel                            Carroll              P92-025

Dubois Dozer & Dirt, Inc.                                 Rankin              P06-015

Dubois Dozer & Dirt, Inc.                                 Rankin              P06-031

Eutaw Construction Company, Inc.                   Greene             P06-020

Eutaw Construction Company, Inc.                   Greene             P06-023

Eutaw Construction Company, Inc.                   Greene             P04-013AA

Surface Mining Permits to Rescind:

Blain Sand & Gravel, Inc.                                 Copiah             P86-004

Blain Sand & Gravel, Inc.                                 Copiah             P90-033

Blain Sand & Gravel, Inc.                                 Copiah             P95-033

Surface Mining Permit to Transfer

Construction Dirt, Inc. transfer to

Perrett Enterprises, Inc.                                    Hinds               P09-009

All surface mining bond releases and permit actions were approved in accordance with the staff’s recommendations.

The next Board meeting will be on April 13, 2010, at 9:00 a.m.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi.. The 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.