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Mississippi Environmental Quality Permit Board

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Summary of Meeting Held January 8, 2019

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on December 11, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann chaired the meeting.

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

Following a prepared agenda, items considered were 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

Permittee County Permit Staff Recommendation
A&A Excavating Contractor, Inc. Madison P92-087 Final 10%
Bald Hill, LLC Madison PO4-033A Initial 50%
Central Asphalt Company, Inc. Adams P17-005 Initial 40%
Ronnie Jones Construction, Inc. Lowndes P08-007 Initial 10%
T.L. Wallace Construction, Inc. Greene P15-018 Additional 10%
TCB Construction Company, Inc. Harrison P03-046 Final 20%
Tanner Construction Co., Inc. Lawrence P07-005A No release
Tanner Construction Co., Inc. Perry P08-019A Additional 15%
Tanner Construction Co., Inc. DeSoto P13-021T Additional 80%
Tanner Construction Co., Inc. DeSoto P17-009 Initial 70%

 OTHER BUSINESS:

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.

Mr. Furrh reported that an Evidentiary Hearing has been requested regarding the D and E Construction Company Inc. Reissuance and Modification of Coverage under the Mining Storm Water General Permit No. MSR320485, and Surface Mining Permit Modification with Acreage Permit No. P95-071 approved by the Board during the December meeting. The Evidentiary Hearing will probably be after the March or May Permit Board hearings.

Mr. Furrh reminded the Board that the Le Poultry Evidentiary Hearing is scheduled to be heard after the Board’s April 9, 2019 meeting.

Lastly, Mr. Furrh reported to the Board that the Concerned Citizens who previously requested that the issuance of a water quality certification and storm water coverage to Renaissance at Colony Park – Phase III (Costco) be revoked have filed suit with the Madison County Chancery Clerk.

The next Permit Board meeting will be held on February 12, 2019, 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.

E-Verify Website/Service Unavailable During Federal Government Shutdown

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“E-Verify”—the U.S. Government’s federal electronic employment eligibility verification service—has “expired”  due to a lapse in funding.  As a result, the e-Verify site and its services are not functioning and will not be available to participating U.S. employers during the partial shutdown of the federal government that began December 22, 2018.

The U.S. Department of Homeland Security (DHS), the federal agency that oversees the program, reported that “information on this website may not be up to date. Transactions submitted via this website might not be processed and we will not be able to respond to inquiries until after appropriations are enacted.” As a result, DHS announced that the website (www.e-verify.gov) will not be actively managed and will not be updated until after funding is restored.

During the shutdown, U.S. employers will not be able to:

  • Enroll in the program;
  • Access their E-Verify accounts;
  • Create a case;
  • View or take action on any case;
  • Add, delete or edit accounts; or
  • Reset passwords, edit company information, terminate accounts, or run reports.

Conversely, workers will not be able to resolve any E-Verify Tentative Nonconfirmations (TNCs) during the shutdown. In addition, “myE-Verify” will be unavailable and employees will not be able to access their myE-Verify accounts.

To minimize the burden on both employers and employees, DHS announced that:

  • The three-day rule for creating E-Verify cases is suspended for cases affected by the unavailability of the service.
  • The time period during which employees may resolve TNCs will be extended. The number of days E-Verify is not available will not count toward the days the employee has to begin the process of resolving their TNCs.

As with prior shutdowns, additional guidance regarding the three-day rule and time period to resolve TNC deadlines will be provided once operations resume.

Employers will not be penalized for any delays in creating E-Verify cases. However, the shutdown does not affect an employer’s responsibility to verify employment eligibility. Employers must still complete the Form I-9 no later than the third (3rd) business day after an employee starts work for pay and comply with all other Form I-9 requirements.

As a result of the shutdown and the unavailability of E-Verify, participating employers are warned not to take any adverse action against employees while an E-Verify case remains in an unresolved status. Federal contractors with the Federal Acquisition Regulation (FAR)/E-Verify clause should contact their contracting officer to inquire about extending federal contractor deadlines.

January 2, 2019 is the last day of the Republican-controlled 2017-2018 Congress. Democrats take control of the United States House of Representatives, effective January 3, 2019.

New Overtime Rule Proposal from Department of Labor Slated for Spring 2019

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Last week, the Trump Administration published its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions.  In it, the Trump Administration formally announced  the U.S. Department of Labor’s (“DOL”) intention to issue a Notice of Proposed Rulemaking (NPRM) in March 2019 “to determine the appropriate salary level for exemption of executive, administrative and professional employees.”  In its Spring 2018 Regulatory Agenda, the Administration had previously targeted January 2019 for the release of the NPRM.

Many will recall the rapid flurry of activity that accompanied the DOL’s previous attempt to overhaul the overtime exemptions to the Fair Labor Standards Act. In May 2016 , the Obama-era DOL “finalized” a change to the overtime rule that would have doubled the minimum salary level for the so-called “white collar” exemption from $23,660 to nearly $48,000 per year.  The proposed Final Rule never took effect.  Between May 2016 and November 2016, over 20 states and 50 business groups filed separate lawsuits  seeking to block enforcement of the Rule.

Then, in November 2016, a federal judge in Texas entered a nationwide preliminary injunction  blocking implementation of the highly controversial Rule—less than 10 days before the Rule was slated to take effect.  President Trump took office in January 2017, and the “new” DOL pushed the pause button on revisions to the overtime Rule.  In August 2017, U.S. District Judge Amos Mazzant of the Eastern District of Texas officially invalidated  the proposed Final Rule, thus temporarily halting the government’s highly-controversial attempt to expand overtime eligibility for millions for public and private sector employees.

Since that time, Labor Secretary Alexander Acosta, who assumed the post in late April 2017, repeatedly indicated that he favored some increase of the minimum salary threshold for exemption. In July 2017, the DOL began seeking public comment on a freshly revised overtime rule, publishing a Request for Information in the Federal Register.  The comment period closed in September 2017.

So, it appears that the Trump Administration is finally ready to unveil its proposal to revise a rule that was last modified in 2004 (and before that, in 1975). So what should employers expect in a new overtime rule?

  • Likely an increase in the minimum salary for exemption – but not nearly as drastic as the 2016 proposed Rule. Most commentators expect the increase to be something in the low-to-mid $30,000s. This would be consistent with Secretary Acosta’s comments on the issue, but still considerably lower than the increase proposed by the Obama Administration. Notably, the Society for Human Resource Management (SHRM) officially endorsed modestly raising the threshold to $32,000. Such an increase would still be lower—in some cases, significantly lower—than the current state law minimum salaries for exemption, such as New York (where the state minimum for exempt executive and administrative employees is set to climb to $58,500 at the end of 2018).
  • Modernization of examples within the Rule for application to the current workplace. With its most recent revision in 2004, the DOL included a number of new examples to assist employers in applying the tests. It would make sense to revisit those examples, and to consider additional examples, given how the workplace has evolved in the last 15 years.

Many commentators feel that the new proposed rule—whatever it may be—is not likely to take effect until early 2020. In all likelihood, the Trump Administration’s DOL will give employers plenty of lead time to plan and prepare for any increases in the minimum salary for exemption.  Regardless, employers need to be mindful of the potential changes and ready to implement them when the time comes, as 2019 looks to be an eventful year.

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Mississippi Environmental Quality Permit Board

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The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on September 11, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann chaired the meeting.

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

Following a prepared agenda, items considered were 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

Permittee County Permit Staff Recommendation
Joe McGee Construction Company, Inc. Clarke P12-008 Final 10%
Century Construction and Realty Union P15-008 No Release

 

Surface Mining Permits to Rescind 

Permittee County Permit
Key, LLC Holmes P16-009A
West Madison Mining, LLC Yazoo P11-014
Madison County BOS Yazoo P08-033

 

OFFICE OF POLLUTION CONTROL

No items; however, Mark Williams, Chief, MDEQ Waste Division made a presentation to the Board describing the Solid Waste Planning and Permitting Procedures.

OTHER BUSINESS:

Roy Furrh, MDEQ Legal Counsel reported that the Evidentiary Hearing for C.F. Gollott and Son is scheduled for the December meeting.

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

 

Mississippi Commission on Environmental Quality

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The Mississippi Commission on Environmental Quality convened at 9:00 a.m., on July 26, 2018, at the offices of the Mississippi Department of Environmental Quality in Jackson. The Commission approved minutes from the previous meeting held on July 26, 2018.  Following a prepared agenda, items considered were as follows:

Amendments to 11 Miss. Admin. Code Part 5, Chapter 2 – Underground Storage Tank Technical Regulations

MDEQ staff recommended and the Commission adopted amendments to the Commission’s UST regulations, 11 Mississippi Administrative Code, Part 5, Chapter 2. In order to comply with the federal requirements of 40 CFR Part 280 and to be able to re-apply for state program approval for the MS UST Program under 40 CFR 281, MDEQ staff recommended including new and revised requirements for: integrity testing for containment sumps; piping replacements; fuel type changes; release detection; and walkthrough monthly and annual inspections. The proposed amendments also include additional changes to enhance and protect human health, safety, and the environment. These proposed changes include requirements for airport hydrant systems and field constructed tanks, lender liability requirements to maintain USTs for future operation, and more specific reporting requirements. These proposed changes will align regulatory requirements of the Commission with requirements of the federal regulations whereby allowing MDEQ to seek re-authorization for state program approval of our Underground Storage Tank Program. Staff recommends that the Commission adopt the regulation amendments.

Amendments to 11 Miss. Admin. Code Part 5, Chapter 3 – Underground Storage TankRegulations for the Certification of Persons Who Install, Alter, Test, and Permanently Close Underground Storage Tanks

MDEQ recommended and the Commission adopted amendments to the Commission’s UST regulations, 11 Mississippi Administrative Code, Part 5, Chapter 3. The regulations were proposed for amendment to address new UST certification types, clarify the requirements on when a UST certified contractor shall be employed to conduct UST related services, add experience requirements for UST certified contractor to ensure quality services are provided to the UST regulated community, and to be compliant with the Fair Labor statues of Mississippi. The proposed changes include two new certified contractor classifications, define the activities that require a licensed UST contractor, add on-the-job training experience from a minimum of six (6) months to two (2) years, dependent on certification classification, and remove the requirement that an applicant must be a full-time employee of their employer to be a licensed certified contractor for that employer. Staff recommends that the Commission adopt the regulation amendments.

Commission Approval of Brownfield Agreement

The staff recommends and Commission approved the Brownfield Agreement between the Commission and the City of Vicksburg regarding the remediation of brownfield property located at 1422 Martin Luther King Jr. Boulevard in Vicksburg, Mississippi. The administrative record for this environmental response project is referred to as the Kuhn Memorial Hospital site. Assessment of the site has determined the site is contaminated with asbestos containing material. Therefore, remediation of the Brownfield Agreement Site is necessary. The proposed use of the Site after completion of all remediation will be commercial or industrial in nature. 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. 

CERTIFICATIONS APPROVED

Asbestos:                                    115 certifications

Lead Paint:                                  63 certifications

Underground Storage Tanks:   9 certifications

EMERGENCY CLEAN-UP EXPENSES

There were 9 emergency expenditures since the last report.

ADMINISTRATIVE ORDERS APPROVED

Five (5) Administrative Orders were issued by the Executive Director and approved by the Commission since the last report.

Pending Litigation

The Commission entered into Executive Session to discuss Pending Litigation

OTHER BUSINESS

Mr. Roy Furrh, MDEQ Legal Counsel reported that the MDEQ Permit Board’s denied C.F. Gollott and Son Seafood, Inc.’s (“Gollott”) request for a preliminary hearing and also denied Gollott’s request to amend their Agreed Orders. An Evidentiary Hearing is set for December 11, 2018.

The next Commission meeting is proposed to be on September 27, 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.

Mississippi Environmental Quality Permit Board

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The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on August 14, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann chaired the meeting.

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

Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

Liberty Fuels Company, LLC: Modification of State of MS Surface Coal Mining and Reclamation Permit No. MS-003, Renewal 1, Modification 1 – Kemper County. Staff recommended and Board approved the Modification.  Notice was given and a public hearing was held.  Comments were received by the Sierra Club; however, no one in opposition appeared at the meeting.

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

Surface Mining Bond Releases

Permittee County Permit Staff Recommendation
W.G. Yates & Sons Construction Company DeSoto P13-004T Final 10%
W.G. Yates & Sons Construction Company DeSoto P13-008T Final 10%
W.G. Yates & Sons Construction Company DeSoto P14-004 Final 10%
Parker Sand & Gravel Lowndes P04-002A Initial 90%
Tillery Properties, LLC Jones P04-002A Final 10%

 

Surface Mining Permits to Transfer 

Permittee County Permit
B&C Land Services, LLC Hancock P06-037
Mississippi Gravel Sales, LLC Monroe P15-003A
North Mississippi Gravel Company Monroe P16-028

OTHER BUSINESS:

  1. Roy Furrh, MDEQ Legal Counsel, addressed outstanding Evidentiary Hearing requests.
  2. Mr. Furrh also reported that Staff will present an overview of the Solid Waste application process during the next meeting.

The next Permit Board meeting will be held on September 11, 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.

 

 

Mississippi Environmental Quality Permit Board

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Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on July 10, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann chaired the meeting.

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

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

401/Stormwater Branch

Mississippi Export Railroad Company, Helena Industrial Park: Issuance of Coverage under Large Construction Storm Water Permit (MSR107720) and Mississippi Export Railroad Company, Sidings near Carters Road: Issuance of 401 Water Quality Certification (WQC20180012), Jackson County.

Staff recommended and Board approved the issuances of Coverage under Large Construction Storm Water Permit and 401 Water Quality Certification to provide additional space along the Applicant’s existing railroad right-of-way. 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 and responded to concerns expressed.  The Applicant is required to purchase mitigation credits.  No one opposing the Application appeared at the meeting.

Waste Division – Solid Waste Permitting Branch

EPD – Water II Branch, Air II Branch, and 401/Stormwater Branch

Quad County Environmental Solutions, LLC, Quad County Landfill: Issuance of Solid Waste Management Permit (SW0470010580); Issuance of NPDES Storm Water Permit (MSS062383) Issuance of Air Permit to Construct (1780-00053; and Issuance of 401 Water quality Certification (WQC2017077), Marshall County.

Quad County Environmental Solutions, LLC submitted applications in connection with its proposal to upgrade and expand the current landfill to include commercial, industrial and institutional waste, but not to include household garbage. A public notice was issued and there was public hearing on the matter.  No public comments were received prior to the hearing; however, representatives of Three Rivers Solid Waste Authority and Northeast Mississippi Solid Waste Authority expressed concerns during the public hearing.  Representatives from Northeast Mississippi Solid Waste Authority appeared at the Permit Board meeting.  Concerns included the overlapping of proposed service area; demonstration of need; and proper notification for the initial application in approved 2016. After further discussions and presentations from the Applicant and representatives from Northeast Mississippi Solid Waste Authority, Staff recommended and Board approved the issuances of the Applications referenced above.

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

Permittee County Permit Staff Recommendation
A&P Gravel, LLC Pearl River P16-020 Initial 90%
Hammett Gravel Company, Inc. Yazoo P95-048 No release
Good Earth Development, Inc., Mark S. Jordan Company Madison P06-030 Initial 90%
Martin Meadowlands, LLC Madison P10-041AA Final 10%

 

OTHER BUSINESS:

  1. Roy Furrh, MDEQ Legal Counsel, welcomed Mr. Les Herrington, Mississippi Department of Health as the newest member of the MDEQ Permit Board.
  2. Mr. Furr reported that Staff will present an overview of the Solid Waste application process during the August meeting.
  3. Additionally, Mr. Furr reported that there are pending requests for Evidentiary Hearings for Le Poultry and for C.F. Gollott and Son; however hearing dates have not been set at this time.

The next Permit Board meeting will be held on August 14, 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.

Mississippi Environmental Quality Permit Board Summary of Meeting Held June 13, 2018

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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

Permittee County Permit Staff Recommendation
EP Engineered Clays Corporation Monroe P88-013T Initial 70%
Hunter Sand and Gravel Yazoo P00-030 No release
Mangum Farms Tunica P99-053 Initial 90%
Roy Collins Construction Co., Inc. Bolivar P96-033T Final 50%

 

 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.

 

 

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Mississippi Environmental Quality Permit Board Summary of Meeting Held May 8, 2018

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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 16th 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

Permittee County Permit Staff Recommendation
Bacco Materials, Inc. Lowndes P96-070AA Initial 40%
Sandyland Properties, LLC Noxubee P97-037T Initial 90%
Walters Development, LLC Jones P09-015 Additional 10%
EP Engineered Clays Corporation Monroe P92-071T Initial 90%
EP Engineered Clays Corporation Monroe P99-042AAT Initial 30%
Hammett Gravel Company Yazoo P01-027 Final 70%

 

Surface Mining Permit to Rescind

Permittee County Permit
Kevin Haas Trucking, Inc. Hancock P06-036

 

 

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.

 

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Mississippi Commission on Environmental Quality Summary of Meeting Held May 24, 2018

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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.

 

 

 

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