Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on January 13, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mrs. Leslie Royals, PE chaired the meeting.  The Board approved minutes from the December meeting and all non-controversial actions/certifications by the staff since the December meeting.  Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining bond releases and permits to approve.

 Surface Mining Bond Releases:

Permittee	County	Permit	Staff Recommendation
Ausbern Construction Co., Inc.	Winston	P11-011	Final 10% release
Baldwin Sand & Gravel	Lowndes	P02-029A	Additional 40% release
Joe McGee Construction, Inc.	Lincoln	P06-010T1A	Initial 55% release
Oddee Smith Construction, Inc.	Lincoln	P11-002	Final 20% release

Mr. James Matheny of MDEQ staff recommended approval of the following surface mining permits.  Neighboring property owners submitted letters of concern regarding both permits, but subsequently withdrew their concerns after discussions with MDEQ staff.

Surface Mining Permit Approvals:

Permittee	County	Permit	Staff Recommendation
Hutchinson Island Mining Corporation	Pearl River	P99-033AA	Approve
Hammett Gravel Inc., Kuhn Mine # One	Holmes	P10-002AA	Approve

OTHER BUSINESS:

Mr. Roy Furrh, MDEQ Legal Counsel reminded the Permit Board members that they need to file their annual statement of intent.

Mr. Furrh also stated that the revised Permit Board Rules and Regulations of Practice for Evidentiary Hearings will be available for public review and comment shortly and are expected to go before the Board for approval on March 10, 2015.

The next Permit Board meeting will be held on Feb. 10, 2015 at 9 a.m.

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.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on November 20, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Chat Phillips chaired the meeting attended by all members.  The Commission approved minutes from the previous meeting held on September 25, 2014.

Following a prepared agenda, items considered were as follows:

COMMISSION APPROVAL OF BROWNFIELD CONSULTING FIRM

Trey Hess of MDEQ staff recommended approval of the following firm for listing as a Brownfield Consulting Firm:  Goodwyn, Mills and Cawood, Inc.  The Commission unanimously approved the staff recommendation.

FY 2016 TITLE V FEE RECOMMENDATION

Jerry Beasley of MDEQ presented the Title V Air Advisory Council’s recommendation for the Title V fee for FY 2016.  The Council’s recommendation is to set the fee at $41 per ton of emissions—this is unchanged from the previous year.  Mr. Beasley requested the Commission’s permission to proceed with the public notice period for the proposed FY 2016 Title V fee.  The Commission unanimously approved this request.

ADOPTION OF A REVISION TO THE STATE IMPLEMENTATION PLAN AND “REGULATIONS FOR AMBIENT AIR QUALITY NONATTAINMENT AREAS,” 11 MS ADIMINSTRATIVE CODE, PART 2, CHAPTER 11

Mr. Beasley discussed the proposed revision to the State Implementation Plan for the Control of Air Pollution (SIP Revision).  The SIP Revision includes new regulations for implementing requirements for areas non-attainment areas under the National Ambient Air Quality Standards and an emissions inventory for DeSoto County.  The Department held a public hearing on the subject amendments on October 2, 2014.  The only comments received were minor comments submitted by EPA.  The Commission unanimously approved the SIP Revision as presented by MDEQ Staff.

Gary Rikard noted that based on recent monitoring results, DeSoto County may be re-designated as attaining.  However, if EPA lowers the allowable pollutant levels, DeSoto County may remain a non-attainment area.

ADOPTION OF AMMENDMENTS TO “AIR EMISSION REGULATIONS FOR THE PREVENTION, ABATEMENT, AND CONTROL OF AIR CONTAMINANTS,” 11 MISSISSIPPI ADMINISTRATIVE CODE, PART 2, CHAPTER 1

Mr. Beasley discussed the proposed amendments to the subject air pollution control regulations.  The proposed amendments include the following items:  (1) changes to the open burning provisions allowing MDEQ to delegate the burning of residential yard waste to local governments; (2) creation of “Air Quality Action Days” in which MDEQ may prohibit burning of yard wastes and other types of proscribed burning that is normally allowed; (3) recent amendments to federal regulations for New Source Performance Standards for Hazardous Air Pollutants; and (4) recent changes to the Federal Consolidated Air Rule.

The Commission unanimously approved the proposed amendments to 11 Mississippi Administrative Code, Part 2, Chapter 1 as presented by MDEQ Staff.

CERTIFICATIONS APPROVED

• Asbestos:                                          223 certifications
• Lead Paint:                                          83 certifications
• Underground Storage Tanks:            5 certifications
• Wastewater Operator:                     113 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

Fourteen (14) emergency clean-up expenditures occurred since the last report.

ADMINISTRATIVE ORDERS APPROVED

Eighteen (18) administrative orders were issued by the Executive Director and approved by the Commission since the last report.  These include the following matters:

Program Area	Number of Orders	Penalty Range
NPDES	5	$0 – $7,500
Large Construction Stormwater	1	$25,000
Asbestos Removal	1	$3,500
Gravel Mining	2	$3,500 – $18,000
Hazardous Waste	3	$6,200 – $101,382
Underground Storage Tanks	2	$5,000
Solid Waste	1	$4,000

An order accepts Kansas City Southern Railroad Vicksburg, MS for participation in the Uncontrolled Site Voluntary Evaluation Program.

An order confirms the adoption of the Water Pollution Control Revolving Fund Program Final FY 2014 Intended Use Plan Amendment I.

The next Commission meeting is scheduled for January 22, 2015.

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.

If you have any questions concerning the matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on November 4, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Jim Lipe chaired the meeting.  Board members Leslie Royals and David Snodgrass were not present.  The Board approved minutes from the October meeting and all non-controversial actions/certifications by the staff since the October meeting.  Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining permits to rescind.

Mr. Ron Porter of MDEQ staff explained the recommendation to rescind permits for Eutaw Construction Company, Inc. (Eutaw).  Eutaw determined that that the sites contained unsuitable material.  The sites were undisturbed, and Eutaw and no longer intends to mine the sites.

Surface Mining Permits to Rescind:

Permittee	County	Permit	Staff Recommendation
Eutaw Construction Company, Inc.	Monroe	P12-027	Rescind
Eutaw Construction Company, Inc.	Monroe	P13-016	Rescind

OTHER BUSINESS:

The Board provided updates on ongoing litigation and will provide further updates as litigation proceeds.

The City of Tupelo has appealed to the MS Supreme Court regarding the issuance of six groundwater withdrawal permits (MS-GW-17109, MS-GW-17110, MS-GW-17111, MS-GW-17112, MS-GW-17113, MS-GW-17114) issuedto North Lee County Water Association.

Chancery court affirmed a permit issued to Errington Poultry in Green County, MS.  The permit, issued by the Board, allows a variance to buffer requirements for construction of a poultry house.   A party has appealed the issuance of permit to the MS Supreme Court.

The next Permit Board meeting will be held on December 9, 2014.

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.

If you have any questions concerning the matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on  October 14, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Leslie Royals, PE chaired the meeting attended by all Board members.  The Board approved minutes from the September meeting and all non-controversial actions/certifications by the staff since the September meeting.  Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining bond releases, permits to transfer, and permits to rescind.

Mr. James Matheny of MDEQ staff provided the following explanation regarding the recommendations to transfer and rescind permits for Tri-State Brick and Tile Company, Inc.  Tri-State went into bankruptcy, and Trustmark Bank took its properties. Tri-State Jackson Lands, LLC entered into a purchase agreement with Trustmark Bank to and requests to transfer the associated permits.

Surface Mining Bond Releases:

Permittee	County	Permit	MDEQ Staff Recommendation
Tanner Construction Company, Inc.	Washington	P10-023	100% release
Tanner Construction Company, Inc.	Washington	P10-024	100% release
Tanner Construction Company, Inc.	Washington	P10-035	100% release
Kevin Coleman Construction, Inc.	Hinds	P04-042	100% release

 

Surface Mining Permits to Transfer:

Permittee	County	Permit	Staff Recommendation
Johnston’s Sand and Gravel, Inc. requests a transfer to APAC-Mississippi	Clarke	P03-038AAT	Approve transfer
Walters Development LLC., requests a transfer to Chris Albritton Construction	Lauderdale	P01-032T	Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC	Hinds	P11-003T	Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC	Hinds	P09-006T	Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC	Hinds	P06-008T	Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC	Hinds	P00-067AT	Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Coleman Lands, LLC	Noxubee	P09-008T	Approve transfer

 

Surface Mining Permits to Rescind:

Permittee	County	Permit	Staff Recommendation
Tri-State Brick and Tile Company, Inc.	Hinds	P96-061	Release, reclamation 100% complete
Tri-State Brick and Tile Company, Inc.	Hinds	P98-005	Release, reclamation 100% complete

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Groundworx, LLC, Forrest and Lamar Counties:  MSU213009

The Board adopted the Findings of Fact and Conclusions of Law regarding the issuance of a State Operating Permit for Groundworx, LLC.  The permit for Groundworx was developed following an Evidentiary Hearing held on July 15, 2014.  The board had no additional questions or objections to the permit and approved the Findings of Fact and Conclusions of Law for adoption into the meeting minutes.

North Lee County Water Association, Lee County:  MS-GW-17109, MS-GW-17110, MS-GW-17111, MS-GW-17112, MS-GW-17113, MS-GW-17114

The Board adopted the Findings of Fact and Conclusions of Law for North Lee County Water Association, Lee County, MS.  After an evidentiary hearing held on August 12, 2014, MDEQ Staff proposed six groundwater withdrawal permits with special terms and conditions.  The permits were emailed to the Board members for review prior to the meeting.  The Board had no additional questions or objections to the permits and approved the Findings of Fact and Conclusions of Law for adoption into the meeting minutes.

OTHER BUSINESS

MDEQ is developing Permit Board Rules and Regulations of Practice for Evidentiary Hearings.  The Draft Rules and Regulations will be issued soon for review by publication on the MDEQ website.  In addition, MDEQ will hold a public meeting to solicit additional input on the Rules.

The next Permit Board meeting will be held on November 4, 2014. The meeting will be held on the first Tuesday in November because the second Tuesday falls on Veterans Day.

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.

If you have any questions concerning the matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

Prepared by Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on September 24, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson. Chat Phillips chaired the meeting attended by all members.  Minutes from the previous meeting held on July 24, 2014 were approved.

The Commission welcomed Gary Rikard as the new Executive Director of MDEQ.

Following a prepared agenda, items considered were as follows:

WATER POLLUTION CONTROL REVOLVING FUND LOAN PROGRAM, AMENDMENT I

Tony Caldwell of MDEQ staff presented Amendment I of the FY-2014 Intended Use Plan.  Caldwell explained that Amendment I includes new projects approved for funding through the State Revolving Fund (SRF) Program, a low-interest loan program.  The Commission unanimously adopted Amendment I to the FY-2014 Intended Use Plan as presented by the MDEQ staff.

Amendment includes the following elements:

1. Correction of the Priority List expiration date;
2. Addition of new projects to the planning list for possible funding during FY-2014;
3. Incorporation of the 204 Title VI capitalization grant allotment;
4. Modification of FY-2014 capitalization grant and state match obligations due to the lack of adequate state match authorization during the 2014 Regular Legislative Session; and
5. Provision for the obligation of additional repayments (through September 2016) to replace the unavailable FY-2014 capitalization grant and state match funds.

MDEQ held a 30-day public comment period and a public meeting for discussion of Amendment I.  No comments were received during the public notice or meeting.

UPDATE: HYDRAULIC FRACTURING IN MISSISSIPPI

Richard Harrell, P.E. and Kay Whittington, P.E. of MDEQ presented an update on hydraulic fracturing (hydrofracking) activities in Mississippi.  A summary of remarks follow.  If you would like to receive a copy of the MDEQ slides on this topic, please contact John Milner at jmilner@brunini.com.

MDEQ regulates several elements of hydrofracking: withdrawals of water from ground water sources; withdrawals of water from surface water sources; stormwater runoff from construction sites; discharges or treatment of wast waters; spills or releases that threaten state waters; impoundments in terms of dam safety and requirements; and air pollution.

MDEQ Staff stressed that they presently have no reports of spills/ releases associate with hydrofracking. MDEQ currently has applications for hydrofracking activities at 48 sites in Wilkinson and Amite counties.  Their current path forward includes managing water resources with conjunctive water use, monitoring and protecting groundwater and surface water levels and quality and working directly with affected communities.  MDEQ is currently developing a General Permit to expedite air permit processing times.

Conjunctive Water Use

Hydrofracking activities use large amounts of water during the initial production phase. Water use fluctuates based on type of fracturing method used, length of laterals, number of frack stages, and volume of sand used. Potential water supplies include streams and rivers, private ponds, groundwater, recycled and treated flowback water, treated municipal wastewater, and the Mississippi River.  MDEQ will balance hydrofracking water needs with their duty to protect beneficial uses of waters (i.e., recreational uses and aquatic life support), especially during the low-flow season.

MDEQ staff stated they are collecting additional data in efforts to develop methodology to determine maximum withdrawal allowable without causing adverse impact to aquatic life and surface water flow regimes.  This concept, termed with “conjunctive water use” will enable MDEQ to balance uses of surface and ground water with hydrofracking uses.

Drinking Water Protection

Continuing with the concept of conjunctive water use, MDEQ stated that no new or existing groundwater wells will be permitted for hydrofracking use that would adversely impact existing drinking uses.  Most public water supply wells in Amite and Wilkinson Counties are shallow, with the majority at depths of less than 600 ft.  The MS Department of Health has conducted baseline monitoring in public water supply wells of Amite and Wilkinson Counties.  Monitoring will continue.

Permits for Groundwater Withdrawal for Hydrofracking Use

To date, MDEQ has issued six permits for groundwater withdrawal for hydrofracking use. These wells are all below 600 feet (lower than the depth of most public water supply wells). Future withdrawal permits will carry special terms and conditions. Elements of the special terms and conditions include: field survey of wells in 1 mile radius; submission of geophysical log to MDEQ; required inspection plug and meter; required pump test required; measurement and submittal of static water levels before and after each fracking event; collection and analysis of water quality samples; and report of water use for each fracking event.

Groundwater Quality Protection

MDEQ and the MS Oil and Gas Board are jointly developing requirements for groundwater protection.  The requirements include the use of lined surface pits for storage of fresh water and flowback water and design requirements for well surface casings. MDEQ staff stated that there is a significant depth difference between public water wells (typically less than 600 feet) and well depths in the Tuscaloosa Marine Shale (approximately 12,000 feet). Additionally, staff noted that there are hundreds of feet of confinement between drinking water wells and the Tuscaloosa Marine Shale.

Municipal Infrastructure

Other concerns include the future demands to infrastructure (i.e. roads, publici water supply and municipal wastewater treatment capacities) due to expected population growth in Amite and Wilkinson Counties. MDEQ staff is actively engagign with municipalities in potentially affected areas to upgrade infrastructure in anticipation of future growth.

CERTIFICATIONS APPROVED

Asbestos:                                                         204 Certifications

Lead Paint:                                                         89 Certifications

Underground Storage Tanks:                           8 Certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

The following eight (8) emergency clean-up expenditures occurred since the last report:

Complete Environmental & Remediation (3 emergency clean-up expenses) in the counties of Winston and Lee due to clean-up of April tornadoes.

United States Environmental Services (5 emergency clean-up expenses) in the counties of Sunflower, Jackson, Copiah, Yazoo and Jefferson Davis due to diesel spill clean-up.

ADMINISTRATIVE ORDERS APPROVED

Twenty-four (24) administrative orders issued by the Executive Director and approved by the Commission included the following matters:

Program Area	Number of Orders	Penalty Range
NPDES	4	$0- $25,000
Large Construction Stormwater	2	$2,500-$5,000
Lumber/ Wood Treating	3	$2,200- $15,500
Metals Manufacturing	1	$24,640
Asbestos Removal	1	$2,500
Baseline Stormwater	1	$17,500
Graval Mining	1	$8,100
Hazardous Waste	1	$8,800
Title V	1	$0

A scheduling order with Pilot Travel Centers was issued to schedule a date for the evidentiary hearing requested before the Commission.

An order approves the proposed amendment to Pine Belt Solid Waste Management Plan to expand the Randy-Danny, Inc. Rubbish Site.

An order approves the proposed amendment to Three Rivers Regional Solid Waste Management Plan to expand the TMCO Class I Rubbish Site and to add the North MS Recycling Solutions Class I Rubbish Site.

An order approves the proposed amendment to Yazoo County Waste Management Plan to add eleven new land applications for spreading of bio solids for soil amendment purposes.

An order approves the proposed amendment to Forest county Solid Waste Management Plan to add the 90 Class I Rubbish Site.

An order confirms that Kossen Properties, LLC and Empire Truck Sale of Louisiana have satisfied remediation requirements in conjunction with a Brownfield Agreement.

The remaining orders were not enforcement-oriented, but rather dealt with the approval of amendments to Title 11 (Regulations governing surface coal mining), and approval of the MS 2014 Section of 303 (d) List of Impaired Water Bodies.

The next Commission meeting is scheduled for October 23, 2014.

If you have any questions concerning the matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.