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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.

CERTIFICATIONS APPROVED

Asbestos:                     273 certifications

Lead Paint:                  100 certifications

Underground

Storage Tanks: 4 certifications

Wastewater

Operator:                     35 certifications

Emergency

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.

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.

Summary of Meeting Held March 9, 2021

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (“Board”) convened at 9:00 a.m. on March 9, 2021.  This meeting was held through a telephone conference call and the public was invited to listen to the deliberations of the Board. The Board first approved minutes from the previous meeting held on February 9, 2021 and the non-controversial actions/ certifications completed by the staff since the February meeting. Then, following a prepared agenda, the Board considered items as follows:

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

 OFFICE OF POLLUTION CONTROL

 Wilco Properties, Cypress Creek Plantation, Olive Branch, DeSoto County, Mississippi

Staff presented the Buffer Zone Variance for Permit No. MS0050962.  Opposition to the proposed variance was expressed by persons present at the meeting, and the Board decided to table the matter until the next meeting.

 Other Business

Hearing on Gold Coast Commodities, Inc.’s (“Gold Coast”) Good Cause on Motion to Continue and to Stay Evidentiary Hearing regarding the revocation of Gold Coast’s State Operating Permit NO. MSU218003, Rankin County.

After hearing arguments from the attorney representing Gold Coast Commodities and from Roy Furrh, MDEQ Chief Counsel, the Board voted unanimously to deny the request of Gold Coast to delay an evidentiary hearing scheduled for next month concerning Gold Coast’s objections to revocation in November of a wastewater permit for the Gold Coast facility.

The next Permit Board meeting will be held on April 13, 2021, at 9 a.m.

This Newsletter is a publication of the Environmental Practice Group 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.

Summary of Meeting Held February 9, 2021

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (“Board”) convened at 9:00 a.m. on February 9, 2021.  This meeting was held through a telephone conference call and the public was invited to listen to the deliberations of the Board. The Board first approved minutes from the previous meeting held on January 12, 2021 and the non-controversial actions/ certifications completed by the staff since the January meeting. Then, following a prepared agenda, the Board considered items as follows:

OFFICE OF GEOLOGY

 Standard Construction Company, Three Sisters Mine Desoto County, Mississippi

Staff presented the proposed Surface Mining Permit Application (A2043) in conjunction with Consideration of Issuance of Coverage of stormwater Permit (MSR322863) from the Office of Pollution Control.  A member of the public spoke in opposition to the project, but after discussion, the Board approved the application.

OFFICE OF POLLUTION CONTROL

 VT Halter Marine, Pascagoula Operations, Pascagoula, Jackson County, Mississippi

Staff presented the proposed Reissuance of Air Title V Operating Permit No. 1280-00008. A members of the public spoke in opposition to the project, but after discussion, the Board approved the application.  Roy Furrh, MDEQ Legal Counsel noted that anyone in opposition to the approval of an application has 30 days to request an Evidentiary Hearing on the matter.

Other Business

All South Construction Company, Neshoba County, Mississippi

Staff presented the proposed Findings of Fact and Conclusions of Law for consideration regarding the Final Bond Release for Surface Mining Permit No. 99-071A, which memorializes the Permit Board’s decision related to the evidentiary hearing held on November 10, 2020.

Mr. Furrh reminded the Board that the Gold Coast Evidentiary Hearing has been scheduled to be heard after the March Permit Board Meeting.

After the regular Permit Board Meeting, the Evidentiary Hearing for the State Port Authority, Gulfport, (“Port Authority”) Harrison County, Mississippi Water Quality Certification (WQC 2018036) began but was not concluded. Mr. Furrh stated the Port Authority Evidentiary Hearing may be continued the March Permit Board Meeting.

The next Permit Board meeting will be held on March 9, 2021, at 9 a.m.

This Newsletter is a publication of the Environmental Practice Group 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.

Summary of Meeting Held February 25, 2021

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Commission on Environmental Quality (“MCEQ”) convened at 9:00 a.m. on February 25, 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 meetings held on January 21, 2021.  Then, following a prepared agenda, the Commission considered items as follows:

Old Business (City of Canton Landfill Variance Request)

The Commission discussed the request from the City of Canton for a Variance to State Siting Criteria for the Proposed Expansion Area at the City’s Municipal Solid Waste Landfill that was tabled during the January 21, 2021 Commission meeting.  After some discussion, the Commission approved the variance request. This matter will now go through the regular hearing and permitting process through the MDEQ Permit Board.

Gold Coast Commodities, Inc. Order

 After much discussion between MDEQ counsel and Gold Coast’s counsel with the Commission members, it was agreed that the all counsel would continue to work together in order to resolve this matter and advise the Commission accordingly.

CERTIFICATIONS APPROVED

Asbestos:                     129 certifications

Lead Paint:                  62 certifications

Underground

Storage Tanks: 22 certifications

ADMINISTRATIVE ORDERS APPROVED

One (1) Amended Agreed Order was issued by the Executive Director and approved by the Commission since the last report.

The next Commission meeting is proposed to be on March 25, 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.

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.

Summary of Meeting Held January 28, 2021

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Commission on Environmental Quality (“MCEQ”) convened at 9:00 a.m. on August 27, 2020.  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 meetings held on October 22, 2020 and November 19, 2020. Then, following a prepared agenda, the Commission considered items as follows:

FY 2022 Underground Storage Tank Fee Recommendation

Staff recommended and the Commission approved the fee at the proposed rate of $150.00 per UST, which is the same rate from last year’s tank fee.  Pursuant to Miss. Code Ann. Sec. 49-17-421 revised July 1, 2018, the Commission is charged by law to establish the tank regulatory fee in an amount sufficient to cover the cost of the UST Program. The owners of each underground storage tank available for use in Mississippi is required to pay MDEQ the annual tank regulatory fee. The statutory revision also created Miss. Code Ann. Sec. 49-17-422 that established an Advisory Council to conduct an independent study of the cost of the UST Program and provide the Commission a written report and recommendations on the annual tank fee. This draft report was provided to the Commissions on December 18, 2020. A public comment period concerning the FY2022 Underground Storage Tank (UST) Fee was held between December 15, 2020 through January 14, 2021 with the public notice information distributed to the Mississippi Petroleum Marketers and Convenience Store Association. No comments were received.

FY 2022 Title V Fee Recommendation – Approval to Proceed to Public Notice of Hearing

Staff requesting and the Commission granted approval to hold a public hearing to receive comments regarding the proposed fee and to proceed with public notice of the 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. After the public participation process is completed, staff will bring the fee recommendation back before the Commission for final action.

Request from the City of Canton for a Variance to State Siting Criteria for the Proposed Expansion Area at the City’s Municipal Solid Waste Landfill

Staff of the MDEQ Waste Division presented information regarding the City of Canton Landfill’s permit history and additional information regarding this landfill siting criteria. The City of Canton is proposing an expansion of the disposal area at the existing City Landfill that would be located within one mile of a residential area as defined by the Regulations. The City of Canton presented their proposed expansion plans and relative information regarding the proposed variance request.  Opposition to the proposed variance was expressed by persons present at the meeting.  The Commission decided to table the matter until the next Commission meeting.

Commission Briefing on MDEQ State Recycling Program Efforts

MDEQ’s State Recycling Coordinator, Jennifer Milner, addressed the Commission regarding the agency’s efforts to promote and grow recycling in Mississippi as directed by the state statute. Our state faces many challenges as we work to build strong, sustainable recycling programs. Ms. Milner will discuss how the Recycling and Waste Reduction Branch of MDEQ’s Waste Division continue to work to overcome these challenges through various programs, projects, and initiatives. These efforts include education and outreach activities such as teacher workshops and community events; MDEQ’s Statewide Measurement Program; the agency’s Solid Waste Assistance and Regional Recycling Cooperative Grant Programs; state agency and institutional recycling; and collaboration with our national, regional, state and local partners.

CERTIFICATIONS APPROVED

Asbestos:                     193 certifications

Lead Paint:                  107 certifications

Underground

Storage Tanks:            12 certifications

Wastewater Operator:             55

EMERGENCY CLEAN-UP EXPENSES

There were 5 emergency expenditures since the last report.

ADMINISTRATIVE ORDERS APPROVED

Twenty one (21) Administrative Orders and one (1) Amended Agreed Order were issued by the Executive Director and approved by the Commission since the last report.

The next Commission meeting is proposed to be on February 25, 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.

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.