Brunini Law

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on June 12, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson.  Dennis Riecke chaired the meeting.

The Board approved minutes from the May meeting and the non-controversial actions/ certifications completed by the staff since the May meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

401/Stormwater Branch

Brian and Marie Sanderson: Issuance of Water Quality Certification WQC2017069, Jackson County

Staff recommended and Board approved the issuance of a Water Quality Certification for the development of a single-family residence adjacent to Biloxi Bay. A joint public notice was issued by MDEQ, Mississippi Department of Marine Resources and the Army Corps of Engineers and adjacent property owners were notified.  MDEQ received letters of objection from adjacent property owners; however, no one appeared at the meeting.  The Applicants are required to purchase mitigation credits before construction.

OFFICE OF GEOLOGY

James Matheny (MDEQ Office of Geology, Mining and Reclamation)  presented the MDEQ Staff’s recommendations and Board approved the following:

Surface Mining Bond Releases

 OTHER BUSINESS: 

1. Roy Furrh, MDEQ Legal Counsel, welcomed Mr. Jess New, Executive Director of the Mississippi Oil and Gas Board as the newest member of the MDEQ Permit Board
2. Le Poultry: (Heard during April 10, and May 8, 2018 Permit Board Meetings): Issuance of Coverage under the DLPAFO General Permit (MSG201968) and Issuance of Storm Water Coverage (MSR107600) Pike County
3. Mr. Furrh then reported that Mr. and Mrs. McGee have filed a Request for Evidentiary Hearing and a Joinder has been filed by others
4. Permit Board Officer Elections 7/1/18 to 6/30/19
   • James Hoffmann was elected as Chairman
   • Chris McDonald was elected as Vice-Chairman

The next Permit Board meeting will be held on July 10, 2018, 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.

If you have any questions concerning the content of a newsletter, or if you 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 Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on May 8, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson.  Dennis Riecke chaired the meeting.

The Board approved minutes from the April meeting and the non-controversial actions/ certifications completed by the staff since the April meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

Environmental Permits Division

Water I Branch

Le Poultry: (Continued from April 10, 2018 Permit Board Meeting):

Issuance of Coverage under the DLPAFO General Permit (MSG201968) and Issuance of Storm Water Coverage (MSR107600) Pike County

MDEQ Staff summarized the presentation they made to the Board during the April 10, 2018 Permit Board meeting and reported on the April 16^th Community Meeting at Shady Grove Missionary Baptist Church in Osyka and organized by MDEQ.  Several visitors made comments in opposition, and the Board questioned the adjoining property owner as to the “Occupied Dwelling” issue.  After the comments and questioning, a member of the Board moved for a vote to approve the MDEQ staff recommendations, which were to issue coverages to the applicant, Mr. Le, under (1) the DLPAFO General Permit (MSG201968) and (2) the General Storm Water Permit (MSR107600).  This motion was then seconded.   The issuance of both coverages was unanimously approved by the Board.

Mr. Roy Furrh, MDEQ Legal Counsel then described the process and procedures needed for an appeal and evidentiary hearing regarding the Board’s decision.   Furrh recommended to the visitors that, if anyone desired to request an evidentiary hearing regarding the Board’s decision, legal counsel be obtained for representation at the evidentiary hearing since the process involves legal processes, including written witness direct testimony and live cross-examination of witnesses.

OFFICE OF GEOLOGY

Ron Porter (MDEQ Office of Geology, Mining and Reclamation) presented the MDEQ Staff’s recommendations and Board approved the following:

Surface Mining Bond Releases

Surface Mining Permit to Rescind

OTHER BUSINESS:

Roy Furrh, MDEQ Legal Counsel, stated that there will be an educational presentation to provide background information regarding permitting for Solid Waste during either the June Permit Board meeting.

The next Permit Board meeting will be held on June 12, 2018, 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.

If you have any questions concerning the content of a newsletter, or if you 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 May 24, 2018, at the offices of the Mississippi Department of Environmental Quality in Jackson.  The Commission approved minutes from the previous meeting held on February 22, 2018.  Chairman Jack Winstead welcomed new Commissioner, Patrick L. Johnson, Jr. and announced the upcoming retirement of Deputy Director, Ms. Alice Perry.  Following a prepared agenda, items considered were as follows:

FY2019 Title V Fee Recommendation

Staff member, Chad Lafontaine presented to the Commission, and the Commission approved the FYI 2019 Title V fee recommendation.  A public hearing concerning the FY2019 Title V Permit Fee was held on April 5, 2018. No comments were received.  The fee is set at the proposed rate of $47.00 per ton of regulated air pollutants with a minimum fee of $250 per year, which is the same as the previous year’s fee.

Amendments to 11 Miss. Admin. Code, Part 2, Chapter 1 and Revisions to the State Implementation Plan for Control of Air Pollution

Staff member, Chad Lafontaine also presented to the Commission, and the Commission approved amendments to the Commission’s air pollution control regulations, 11 Mississippi Administrative Code, Part 2, Chapter 1 (11-2-1) and Revisions to the State Implementation Plan for Control of Air Pollution (SIP Revisions). In order to comply with the requirements of Section 110(a)(2)(E)(ii) and Section 128(a)(1) & (2) of the Federal Clean Air Act regarding significant portion of income of a majority of state environmental board(s), the Mississippi Environmental Permit Board administrative regulation 11 Mississippi Administrative Code, Part 1, Chapter 5 (11-1-5) was amended and adopted by the Permit Board on April 11, 2018. To fully comply with the requirements of Section 110(a)(2)(E)(ii) and Section 128(a)(1) & (2) of the Federal Clean Air Act, MDEQ staff is recommending that the Commission adopt the following amendments and revisions:

• Amendments to 11-2-1, Rule 1.1 and the corresponding SIP revision. This action will directly align statutory requirements of the Commission and regulatory requirements of the Permit Board with requirements of the Federal Clean Air Act and will allow EPA to remedy partial-disapprovals of recent state plan submittals to address requirements for the National Ambient Air Quality Standards under the Clean Air Act;
• SIP Revision to incorporate amendments to 11-1-5, Rule 5.1. This action will directly align statutory requirements of the Commission and regulatory requirements of the Permit Board with requirements of the Federal Clean Air Act and will allow EPA to remedy partial-disapprovals of recent state plan submittals to address requirements for the National Ambient Air Quality Standards under the Clean Air Act;
• SIP Revision to incorporate amendments to Section 49-2-5, Mississippi Code Annotated that was effective July 1, 2016. This action will directly align statutory requirements of the Commission and regulatory requirements of the Permit Board with requirements of the Federal Clean Air Act and will allow EPA to remedy partial-disapprovals of recent state plan submittals to address requirements for the National Ambient Air Quality Standards under the Clean Air Act.

Additionally, MDEQ staff recommended adoption of amendments to 11-2-1 to update the state’s adoption-by-reference of federal New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, and the Consolidated Air Rule in order to maintain the state’s delegation of the aforementioned federal programs. No verbal comments were received during the public comment periods or the public hearing. Written comments were received and will be provided to the Commission for their consideration. Staff recommends that the Commission adopt the regulation amendments and the associated revisions to the SIP.

Commission Approval of Proposed Amendment to 11 Miss. Admin. Code Pt. 3, Ch. 1. Hazardous Waste Management Regulations to include the Federal Hazardous Waste Generator Improvements Rule

Staff member, Brad Justice presented to the Commission, and the Commission approved an amendment to the Hazardous Waste Management Regulations to include the Federal Hazardous Waste Generator Improvements Rule. The EPA published the Final Rule in the Federal Registrar on November 28, 2016 and it became effective on May 30, 2017. The Rule reorganizes the regulations governing hazardous waste generators making the regulations more user friendly, provides operational flexibility to hazardous waste generators, and clarifies and corrects technical issues. MDEQ held a public hearing on April 10, 2018 concerning the amendment to adopt the Hazardous Waste Generator Improvements Rule as promulgated by the U.S. EPA. There were no attendees to the public hearing and MDEQ received no comments on the proposed amendment during the 30 day public comment period. Therefore, MDEQ is recommending that the Commission adopt the amendment to 11 Miss. Admin. Code Pt. 3, Ch. 1. Hazardous Waste Management Regulations to include the Hazardous Waste Generator Improvement Rule. Adoption of this amendment maintains the consistency between the State Regulations and the Federal Hazardous Waste Regulations as required by 40 CFR 271.4.

Commission Approval of Proposed Amendments to Administrative Procedures Act Rules – 11 Miss. Admin. Code Pt. 7, Ch. 3 for Dam Safety

Staff member, Dusty Myers presented to the Commission, and the Commission the proposed amendments including provisions for the use of an incremental consequence analysis based spillway design approach. This approach which is currently being used in several other states will allow greater flexibility in the regulations by taking into consideration any flooding which is occurring at the structures at risk downstream prior to a failure of the dam. If there are no incremental consequences resulting from the failure this approach would allow for a reduction of the required design rainfall event. As part of this update process other revisions and additions regarding minimum design and permitting requirements are also included to ensure the regulations match current dam safety policies and procedures. The proposed amendments were made available for public comment in early November and a public hearing was held on December 5, 2017. All comments received have been addressed and minor revisions and clarifications were made to the draft regulations as a result.

Melton Properties, LLC, Caroline McComb Scheppe, and the Caroline McComb Scheppe Trust Number One Petition for an Evidentiary Hearing before the Mississippi Commission on Environmental Quality, filed on January 12, 2018, Related to the Train Derailment in Minter City

Roy Furrh, MDEQ Counsel recommended the Commission designate Steve Ray as the hearing officer to handle pre-hearing and hearing matters on behalf of the Commission pursuant to Miss. Code Ann. § 49-17-33 (Rev. 2012).  After some discussion as to possible dates, the Commission approved Mr. Furrh’s recommendation to designate Steve Ray as the hearing officer and tentatively set November 14-15 as the date for the Evidentiary Hearing

CERTIFICATIONS APPROVED

Asbestos:                     294 certifications

Lead Paint:                   161 certifications

Underground

Storage Tanks:             64 certifications

Wastewater Operator

Certifications               116 certifications

EMERGENCY CLEAN-UP EXPENSES

There were 6 emergency expenditures 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.

OTHER BUSINESS

No other business was discussed.

The next Commission meeting is proposed to be on June 28, 2018, 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.

If you have any questions concerning the content of a newsletter, or if you 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 Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on April 10, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson.  Dennis Riecke chaired the meeting.

The Board approved minutes from the March meeting and the non-controversial actions/ certifications completed by the staff since the March meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

Air Division

Amendments to 11 Miss. Admin. Code, Part 1, Chanter 5.

MDEQ Staff recommended and the Permit Board approved the adoption of the proposed amendments to the Permit Board’s administrative procedure regulations, 11 Mississippi Administrative Code, Part 1, Chapter 5. The amendments directly align requirements of the Mississippi Environmental Permit Board’s makeup with requirements of the Federal Clean Air Act. This action, in conjunction with actions by the Mississippi Commission on Environmental Quality, will allow EPA to remedy partial-disapprovals of recent state plan submittals to address requirements for the National Ambient Air Quality Standards under the Clean Air Act. A public hearing was held on March 5, 2018 after a 30-day public comment period. No verbal comments were received at the public hearing. Written comments were received and have been provided to the Permit Board for their consideration.

Water I Branch

Le Poultry, Pike County – Issuance of Coverage under the DLPAFA General Permit (MSG201968) and Issuance of Storm Water Coverage (MSR17600).

MDEQ Staff presented to the Board and recommended approval of the above-referenced Applications.  The Applicant proposes 8 poultry houses and construction activity on 9 acres of disturbed land during construction.  Staff stated that upon notification of the contiguous land owners by the Applicant, 13 letters and one petition with 237 signatures in opposition were received.  Numerous members of the community were present at the meeting and voiced their opposition.  A motion was made by the Board and seconded to delay consideration of the Application until the next scheduled meeting of the Board.

OFFICE OF GEOLOGY

Ron Porter (MDEQ Office of Geology, Mining and Reclamation) presented the MDEQ Staff’s recommendations and Board approved the following:

Surface Mining Bond Releases

Surface Mining Permit to Transfer

OTHER BUSINESS:

 Mr. Roy Furrh, MDEQ Legal Counsel reported that the 2016 Solid Waste Status Report is now available and asked the Board members to review it.

The next Permit Board meeting will be held on May 8, 2018, 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.

If you have any questions concerning the content of a newsletter, or if you 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 Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on March 13, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson.  Dennis Riecke chaired the meeting.

The Board approved minutes from the February meeting and the non-controversial actions/ certifications completed by the staff since the February meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

No items on the Agenda

OFFICE OF GEOLOGY

James Matheny (MDEQ Office of Geology, Mining and Reclamation) presented the MDEQ Staff’s recommendations and Board approved the following:

Surface Mining Bond Releases

Surface Mining Permit Reduction in Acreage      

Surface Mining Permit to Rescind 

Surface Mining Permit Name Change

Surface Mining Permit to Transfer

OTHER BUSINESS:

Becky Nester from MDEQ’s Permit Division presented an overview of MDEQ’s Poultry Farm Permit Application Review Process wherein she described the responsibilities of MDEQ; the Application review, requirements and inspection process. Tim Aultman, Chief of the Compliance and Enforcement Division of MDEQ’s Office of Pollution Control discussed compliance issues.  Dr. Jim Watson, State Veterinarian – Mississippi Board of Animal Health discussed carcass disposal and composting.  Rogerick Thompson, State Resource Conservationist – Natural Resources Conservation Services discussed the nutrient management plan.  This presentation was for informational purposes only.  If you would like to obtain copies of materials provided to the Permit Board concerning this topic, please contact John Milner at jmilner@brunini.com.

Mr. Roy Furrh, MDEQ Legal Counsel reminded the Permit Board members that they need to complete their annual compliance forms and statement of economic interest forms.

The next Permit Board meeting will be held on April 10, 2018, 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.

If you have any questions concerning the content of a newsletter, or if you 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 February 22, 2018, at the offices of the Mississippi Department of Environmental Quality in Jackson.  The Commission approved minutes from the previous meeting held on November 17, 2017.  Following a prepared agenda, items considered were as follows:

Commission Approval of Brownfield Agreement Modification

On June 23, 2016, the Commission issued a Brownfield Agreement (#6662-16) with Hernando Town Properties, LLC for the remediation of the Reliable Equipment facility in Hernando, Mississippi. Reliable Equipment facility is contaminated with Total Petroleum Hydrocarbons – Gasoline and Diesel Range Organics in the groundwater and soils at levels in excess of the Target Remediation Goals (TRGs). Therefore, remediation of the Brownfield Agreement Site was determined to be necessary. The initial Brownfield Agreement included the planned demolition and removal of the building. The Brownfield Agreement Modification requests the building remain and be renovated and reused. The Staff of the MCEQ has evaluated the Brownfield Agreement and believes that, with the conditions and restrictions contained within the Brownfield Agreement, the Site will be in compliance with applicable State and Federal laws and standards and will be protective of the public health and the environment.  Based on Staff’s recommendation, the Commission approved the Modification.

FY 2019 Title V Fee Recommendation – Approval to Proceed to Public Notice of Hearing

A copy of the draft report containing the Title V Advisory Council’s Title V fee recommendation for the upcoming fee year has been forwarded to the Commission. Staff requested approval to hold a public hearing to receive comments regarding the proposed fee and to proceed with public notice of the hearing. After the public participation process is completed, Staff will bring the fee recommendation back before the Commission for final action.  Based on Staff’s recommendation, the Commission approved to proceed to the Public Notice of Hearing.

Commission Briefing on Proposed amendments to 11 Miss. Admin. Code, Part 2, Chapter 1 with an associated Revision to the State Implementation Plan for Control of Air Pollution

NOTE – This agenda item was for reporting purposes only. MDEQ Staff provided information on a public notice for comment on proposed amendments to the Commission’s regulations, 11 Mississippi Administrative Code, Part 2, Chapter 1 and an associated Revision to the State Implementation Plan for Control of Air Pollution (SIP Revision). The proposed amendments and SIP Revision will incorporate amendments of the Mississippi Environmental Quality Permit Board’s administrative regulations to directly align requirements of the Permit Board’s makeup with requirements of the Federal Clean Air Act. This action will allow EPA to remedy partial-disapprovals of recent state plan submittals to address requirements for the National Ambient Air Quality Standards under the Clean Air Act. The 30-day public comment period began February 2, 2018, and will conclude with a public hearing to be held on March 5, 2018. Following the conclusion of the public participation process, Staff intends to bring the proposed amendments and SIP Revision to the Commission for approval at the March 22, 2018 meeting.

Commission Briefing on Oil Spill Restoration

NOTE – This agenda item was for reporting purposes only.  Chris Wells briefed the Commission on the Status of the Oil Spill Restoration.  The presentation included an outline of the funding summary; project totals by program; Natural Resource Damage Assessment (“NRDA”) overview; National Fish & Wildlife Federation (“NFWF”) funding; and the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act (RESTORE Act) funding.  Additional information can be found on the following link: https://www.mdeq.ms.gov/restoration/

CERTIFICATIONS APPROVED

Asbestos:                     277 certifications

Lead Paint:                   123 certifications

Underground

Storage Tanks:             24 certifications

EMERGENCY CLEAN-UP EXPENSES

There were 40 emergency expenditures since the last report.

ADMINISTRATIVE ORDERS APPROVED

Twenty-three (23) Administrative Orders and one (1) Amended Agreed Order were issued by the Executive Director and approved by the Commission since the last report.

OTHER BUSINESS

Gary Rikard, MDEQ Executive Director noted pending litigation issues and the Commission entered into an Executive Session to discuss same.  After a Recess, Closed Session and Executive Session, the meeting was adjourned.

The next Commission meeting is proposed to be on March 22, 2018, 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.

If you have any questions concerning the content of a newsletter, or if you 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 Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on December 12, 2017, at the offices of the Mississippi Department of Environmental Quality, in Jackson.  Dennis Riecke chaired the meeting.

The Board approved minutes from the November meeting and the non-controversial actions/ certifications completed by the staff since the November meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

Mining/Solid Waste/Water II Branch

The Board approved Reissuance of Pretreatment Permit (MSP092273) for TransAmerican Waste Central Landfill, Inc., Central Landfill Facility in Pearl River County.  No changes are being made to the existing permit.  No attendees were present in the public hearing; no letters were submitted in opposition before the end of the comment period, and no one in opposition appeared at the meeting.   Because the application is complete, MDEQ staff recommended issuance of the Permit.

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases:

Surface Mining Bond Releases

Surface Mining Transfer of Permits

In accordance with MDEQ staff recommendations, the Board approved the following surface mining permits to transfer:

Surface Mining Change of Ownership Name

In accordance with MDEQ staff recommendations, the Board approved the following change of ownership name:

 OTHER BUSINESS:

Roy Furrh, MDEQ Legal Counsel, stated that there will be educational presentations to provide background information regarding permitting for poultry farms and salt water disposal.  No date was provided at this time.

The next Permit Board meeting will be held on January 9, 2018, at 9 a.m.