Summary of Meeting Held April 22, 2021
Prepared By Brunini, Grantham, Grower & Hewes, PLLC
The Mississippi Commission on Environmental Quality (“MCEQ”) convened at 9:00 a.m. on April 22, 2021. This meeting was held through a telephone conference and Zoom call. The public was invited to listen to the deliberations of the Commission on the conference phone and Zoom lines. The Commission first approved minutes from the previous meeting held on March 25, 2021. Then, following a prepared agenda, the Commission considered items as follows:
FY 2022 Title V Fee Recommendation
A virtual public hearing concerning the FY2022 Title V Permit Fee was held on March 18, 2021. No comments were received. Therefore, the staff recommended and the Commission set the fee at the proposed rate of $46.00 per ton of regulated air pollutants, which is $1 less than the previous year’s fee.
Establishment of the Lignite Mining Fees for Liberty Fuels Company, LLC for the Liberty Mine (MS-003, Renewal 1) in Kemper County for State Fiscal Years 2020 and 2021;
Establishment of the Lignite Fees for the Mississippi Lignite Mining Company for the Red Hills Mine (MS-002, Renewal 3) in Choctaw County for State Fiscal Years 2020 and 2021; Establishment of the Lignite Fees for the Mississippi Lignite Mining Company for the Red Hills Mine Area 3 (MS-004) in Choctaw County for State Fiscal Years 2020 and 2021
The staff recommended and the Commission approved the Liberty Fuels Company, LLC Lignite Mining Fee for the 2020 and 2021 state fiscal years be set at $125,000 each year, which is the same as for state fiscal year 2019. The staff recommended and the Commission approved that the Mississippi Lignite Mining Company, Red Hills Mine Lignite Mining Fee for the 2020 and 2021 state fiscal years be set at $125,000 each year, which is a decrease of $50,000 from the fee for state fiscal year 2019. The staff will recommend a Lignite Mining Fee of $50,000 for the Mississippi Lignite Mining Company, Red Hills Mine Area 3 in 2020 and 2021. This fee is necessary to cover the additional staff resources/costs associated with a new surface coal mining permit. These amounts will cover approximately 50% of the anticipated costs of administering the federally-approved coal mining program in Mississippi; the remaining approximately 50% of the cost will be covered by a federal Office of Surface Mining Reclamation and Enforcement grant. These fees will cover 100% of the anticipated cost of administering the program above the amount of the federal OSMRE grant.
Environmental Covenant for Pine Belt Wood Preserving Inc. (For Reporting Purposes only)
The Executive Director of MDEQ approved an Environmental Covenant between the Commission, the Environmental Protection Agency (EPA), and Pine Belt Wood Preserving Inc. (Pine Belt) to implement land use restrictions on the company’s former wood preserving property located on Highway 15, just south of Interstate 59 in Laurel, Jones County, Mississippi, pursuant to the Commission’s delegation regulations (11 Miss. Admin. Code Pt. 1, R.1.1.Y.). Prior to the approval, the MDEQ Hazardous Waste program staff evaluated the terms of the Environmental Covenant and believes that, with the conditions and restrictions contained within; the site will remain secure and will continue to be in compliance with applicable State laws and standards and will be protective of the public health and the environment. Pine Belt had previously conducted wood preserving activities at the site utilizing both pentachlorophenol and chromated copper arsenate at the site. MDEQ’s Hazardous Waste Program has regulated the site remediation and long-term care for the closed surface impoundment through a RCRA post-closure permit. This environmental covenant has been placed on the property to ensure the long-term integrity of the closed, surface impoundment and imparts requirements on the existing and future landowners to ensure the site is secure. With the placement of this environmental covenant, Pine Belt has complied with all terms and conditions of the RCRA Post-Closure Permit, and MDEQ has begun the process to terminate the MDEQ RCRA Permit. Pine Belt continues to be subject to the RCRA Corrective Action Permitting Program that is managed by EPA in Mississippi and is a party to the EPA RCRA Corrective Action permit issued on December 4, 2020. This agenda item is for reporting purposes only.
Asbestos: 273 certifications
Lead Paint: 100 certifications
Storage Tanks: 4 certifications
Operator: 35 certifications
Clean-up Expenses: 1 emergency expenditure
ADMINISTRATIVE ORDERS APPROVED
Eleven (11) Agreed Orders were issued by the Executive Director and approved by the Commission since the last report.
The next Commission meeting is proposed to be on May 27, 2021, 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.
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