Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on April 25, at the offices of the Mississippi Department of Environmental Quality in Jackson. Vice-Chair Chat Phillips chaired the meeting in Martha Dalrymple’s absence. Minutes from the last meeting held in February 2013 were approved. Following a prepared agenda, items considered were as follows:

BROWNFIELD COMPLETION

On November 21, 2002, the Commission reached a Brownfield Agreement (#4511-02) with Wolverine Tube, Inc. for the remediation of the former Wolverine Tube site in Greenville, Mississippi. On January 30, 2013, Wolverine Tube, Inc. sent a petition to the Commission to make a determination as to the completion of the Brownfield Agreement and as to the issuance of a “no further action” letter by the Executive Director. Following MDEQ’s review of the petition and the required site inspection, the staff determined that Wolverine Tube, Inc. has completed in accordance with the regulations Brownfield Agreement #4511-02. Per the staff’s recommendation, the Commission voted that the Notice of Brownfield Agreement Site be cancelled.

IMMEDIATE RESPONSE ACTION CONTRACTORS

The Commission approved the following as Immediate Response Action Contractors:

(1)   SCS Environmental Group, LLC, 114 Bailey Drive, Olive Branch, MS 38654

(2)   Singley Construction Co., Inc., 1001 Highway 13 South, Columbia, MS 39429

(3)   Walker-Hill Environmental, Inc., 4 South Poplar St., Foxworth, MS 39483

(4)   Waste Oil Collectors, Inc., 4001 Old Spanish Trail, Gautier, MS 39553

(5)   Performance Oil Equipment, Inc., 920 E. McDowell Road, Jackson, MS 39204

(6)   Complete Environmental & Remediation Co., LLC, 37 David Swan Lane, Purvis, MS 39475

(7)   Prewett Enterprises, Inc. (dba B&P), 6230 Stateline Rd., Walls, MS 38680

SERENITY LANE (PEARL RIVER COUNTY)

Serenity Lane residents previously requested an evidentiary hearing before the Commission to seek to direct Fort James Corporation to remediate an alleged old dump purportedly caused by Fort James’ predecessor and located in the Serenity Lane Subdivision. MDEQ reviewed the information submitted by Serenity Lane residents and Fort James Corporation and determined in a “no further action” letter that it did not intend to take further action pertaining to the site (MDEQ routinely conducts investigations for the Commission as it serves as staff  for the Commission). On October 8, 2012, Chuck Rubisoff, a Special Assistant Attorney General with the Attorney General’s Office, presided over a telephonic hearing to determine whether jurisdiction exists to conduct a Commission hearing related to Serenity Lane residents’ request for an evidentiary hearing. Rubisoff reported to the Commission that he determined that it was at the Commission’s discretion whether an evidentiary hearing should be granted to Serenity Lane residents. The Board voted to adopt Rubisoff’s recommendation to grant the evidentiary hearing and to appoint a hearing officer for the evidentiary hearing.

RENUMBERED AND REFORMATTED COMMISSION AND PERMIT BOARD REGULATIONS WITH STATUTORY AUTHORITIES PURSUANT TO THE ADMINSTRATIVE PROCEDURES ACT

The amended Administrative Procedures Act (APA) requires a statewide administrative code and designates the Secretary of State’s (SOS) office as the official registrar for rules of all state agencies and the publisher of the Mississippi Administrative Bulletin and the Mississippi Administrative Code. The APA amendments specifically require uniform formatting and numbering of all state agency regulations, including the regulations of the Commission and the Mississippi Environmental Quality Permit Board (Permit Board). The APA amendments further require citation to statutory authorities for the regulations. In order to comply with the amended APA, the MDEQ staff is adjusting all of the regulations of the Commission and the Permit Board to be consistent with the SOS’s requirements. Changes to the regulations are not substantive and do not affect content; rather, the changes simply reflect the newly required formatting and numbering and provide recitation of statutory authorities for the regulations. The renumbered regulations are available for public review on MDEQ’s website as of today, April 25, 2013. A public hearing is scheduled for June 4, 2013 at 2:00 p.m. at the MDEQ offices on Amite Street.

CERTIFICATIONS APPROVED

Asbestos:                     245 certifications

Lead Paint:                  130 certifications

Underground
Storage Tanks:            10 certifications

Wastewater
Operator:                      47 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

The following three (3) emergency clean-up expenditures occurred since the last report:

United States Environmental Services in the counties of:

Newton, Tishomingo and Hancock.

ADMINISTRATIVE ORDERS APPROVED

Eighteen (18) administrative orders issued by the Executive Director and approved by the Commission included the following matters:

Program Area	Number of Orders	Penalty Range
Large Construction Storm Water	1	$7,500
NPDES	5	0 to $18,000
Solid Waste	1	0
Demolition Operations	2	0 to $3,750
Title V	1	$10,500
Other	3	0 to $5,000

The remaining six (6) orders were not enforcement-oriented, but rather dealt with the approval of amendments and other routine administrative matters.

The next Commission meeting is scheduled for May 23, 2013.

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 Mississippi Environmental Quality Permit Board convened its regular monthly meeting at 9:00 a.m. on April 9, 2013, at the offices of the Mississippi Department of Environmental Quality in Jackson. Jan Boyd chaired the meeting attended by all Board members. Minutes from the March meeting were approved, as were all non-controversial permits issued by the staff since the last meeting. Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

BFI Waste Systems of Mississippi, LLC, Little Dixie Landfill (Madison County)
Modification of Pretreatment Permit
MSP090592

BFI Waste Systems of Mississippi, LLC submitted an application for modification of the current pretreatment permit for the Little Dixie Landfill located in Madison County. The modification will allow for the transport of leachate from the landfill to the City of McComb’s wastewater treatment facility, which is equipped to handle leachate from the Little Dixie Landfill. No comments were received at a public hearing held by the MDEQ staff regarding modification of this permit. Per the MDEQ staff’s recommendation, the Board voted to approve the permit modification.

OFFICE OF GEOLOGY

Surface Mining Bond Releases:

Jim Castleberry dba Castleberry Trucking
DeSoto        P94-082

Jim Castleberry dba Castleberry Trucking
DeSoto        P95-054

Jim Castleberry dba Castleberry Trucking
DeSoto        P95-119

Jim Castleberry dba Castleberry Trucking
DeSoto        P00-012

Jim Castleberry dba Castleberry Trucking
DeSoto        P00-013

Jim Castleberry dba Castleberry Trucking
DeSoto        P03-007

Columbus Brick Company
Lowndes      P95-118

Oddee Smith Construction, Inc.
Jefferson Davis       P96-016T

Boral Bricks Inc.
Kemper        P94-138

Surface Mining Permit Transfer:

Perrett Enterprises, Inc.

transfer to

Pierce Construction and Contract Hauling, Inc.
Hinds         P09-009T

The surface mining bond releases and surface mining permit transfer listed above were approved in accordance with the staff’s recommendation.

The next Permit Board meeting will be held on May 14, 2013.

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 Mississippi Environmental Quality Permit Board convened its regular monthly meeting at 9:00 a.m. on March 12, 2013, at the offices of the Mississippi Department of Environmental Quality in Jackson. Jan Boyd chaired the meeting attended by all Board members. Minutes from the February meeting were approved, as were all non-controversial permits issued by the staff since the last meeting. Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

Surface Coal Mining Permit Transfer:

Moltan Company, LP
transfer to EP Minerals, LLC
Tippah         P00-018AAA

The surface mining permit transfer listed above was approved in accordance with the staff’s recommendation.

OTHER BUSINESS

MDEQ Legal Counsel presented to the Board for approval the proposed Findings of Fact and Conclusions of Law (FOFCOL) from the evidentiary hearing held on November 13, 2012 regarding the Board’s prior decision to deny NCL Waste, LLC’s solid waste management permit application. The Board voted unanimously to approve the FOFCOLs.

The next Permit Board meeting will be held on April 9, 2013.

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 Mississippi Commission on Environmental Quality convened at 9:00 a.m. on February 28, at the offices of the Mississippi Department of Environmental Quality in Jackson. Martha Dalrymple chaired the meeting attended by all Commission members. Minutes from the last meeting held in November 2012 were approved. Following a prepared agenda, items considered were as follows:

WASTE TIRE INCENTIVE RECYCLING GRANT

PolyVulc USA Inc. located in Vicksburg, Mississippi submitted a waste tire incentive recycling grant in the amount of $264,950. The company proposes to use this grant to assist in acquiring a new, large mechanical shredder to expand and enhance the company’s waste tire recycling capabilities. This new equipment would enable PolyVulc to increase current waste tire rubber and metal recovery by as much as 15%, reducing the amount of waste materials being sent to a landfill. The MDEQ staff informed the Commission that this grant will enhance recycling of tires in Mississippi. Per MDEQ staff recommendation, the Commission voted to approve the grant to PolyVulc.

BROWNFIELD CONSULTING FIRMS

The Commission approved the following firms as Brownfield Consulting Firms:

IMS Engineers
126 E. Amite Street
Jackson, Mississippi 39201

SOL Engineering Services, LLC
106 S. President Street, 4th Floor
Jackson, MS 39201-2603

FY-2014 TITLE V FEE

On January 17, 2013, MDEQ staff held a public hearing regarding the recommendation for the adoption of Title V fees of $36/ton for FY-2014. No comments were received during the public comment period. Consequently, the Commission voted to approve the adoption of this fee.

WATER POLLUTION CONTROL (CLEAN WATER) REVOLVING FUND LOAN PROGRAM, ADOPTION OF FY-2013 INTENDED USE PLAN

The FY-2013 Intended Use Plan identifies the loan funds available to communities in Mississippi for the construction of wastewater infrastructure, the communities to receive these loan funds, the loan interest rate, program deadlines and other related information. The Intended Use Plan also reflects the implementation of the remaining subsidy funding made available to “green” and “small/low income community” projects with funds provided under recent years’ Federal Appropriations Acts. The MDEQ staff reported to the Commission that no comments were received during the public comment period or from EPA Region IV. The Commission voted to approve the FY-2013 Intended Use Plan.

RENUMBERED AND REFORMATTED COMMISSION AND PERMIT BOARD REGULATIONS WITH STATUTORY AUTHORITIES PURSUANT TO THE ADMINSTRATIVE PROCEDURES ACT

The amended Administrative Procedures Act (APA) requires a statewide administrative code and designates the Secretary of State’s (SOS) office as the official registrar for rules of all state agencies and the publisher of the Mississippi Administrative Bulletin and the Mississippi Administrative Code. The APA amendments specifically require uniform formatting and numbering of all state agency regulations, including the regulations of the Commission and the Mississippi Environmental Quality Permit Board (Permit Board). The APA amendments further require citation to statutory authorities for the regulations. In order to comply with the amended APA, the MDEQ staff is adjusting all of the regulations of the Commission and the Permit Board to be consistent with the SOS’s requirements. Changes to the regulations are not substantive and do not affect content; rather, the changes simply reflect the newly required formatting and numbering and provide recitation of statutory authorities for the regulations. MDEQ staff plans to proceed to public notice regarding the changes to the regulations in early to mid-March 2013. MDEQ staff plans to present the changes to the Commission for consideration at its meeting on May 23, 2013. MDEQ staff plans to present the changes to the Permit Board at its meeting on May 14. The changes will be proposed to be effective on July 1, 2013. The renumbered regulations will be available for public review in early March.

MISSISSIPPI PHOSPHATES FACILITY

At the November meeting, the Commission requested that the MDEQ staff provide more information regarding enforcement and compliance issues for the Mississippi Phosphates facility, which was assessed a penalty in the amount of $297,000 in Agreed Order (AO) No. 5291 11. MDEQ staff reported that pursuant to the AO, the facility continues to work cooperatively with MDEQ to resolve all outstanding compliance issues. EPA Region IV is currently reviewing the facility’s RCRA permit. The Commission appreciated the update and requested that MDEQ staff continue to provide updates as appropriate.

NUTRIENT WATER QUALITY CRITERIA

Kim Caviness with MDEQ reported to the Commission that MDEQ has been actively working to develop numeric nutrient criteria that are appropriate and protective for Mississippi’s surface waters. Caviness stated that MDEQ started the in-depth technical work to develop numeric nutrient criteria in 2010. A technical advisory group (TAG) has been working to provide MDEQ with regional knowledge and scientific information to develop scientifically defendable criteria. Three stakeholder meetings have been held and a fourth meeting is scheduled for March 20 in Hattiesburg, Mississippi. Caviness informed the Commission that MDEQ is considering all comments received from stakeholders as MDEQ works to develop these nutrient water quality criteria and implementation plans. Based on the timeline agreed upon with EPA Region IV, MDEQ plans to release draft criteria no earlier than June 30, 2013, excluding the Delta. Draft criteria for the Delta should be released no earlier than November 30, 2014.

CERTIFICATIONS APPROVED

Asbestos:      316 asbestos certifications

Lead Paint:    78 lead paint certifications

Underground
Storage Tanks:  12 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

The following fourteen (14) emergency clean-up expenditures occurred since the last report:

Complete Environmental & Remediation in the Percy Quinn State Park.

United States Environmental Services in the counties of:

Harrison, Pearl River, Jackson, DeSoto and Hancock.

ADMINISTRATIVE ORDERS APPROVED

Eighteen (18) administrative orders issued by the Executive Director and approved by the Commission included the following matters:

Program Area	Number of Orders	Penalty Range
Large Construction Storm Water	2	$7,500 to $37,000
NPDES	3	$2,000 to $3,750
Pretreatment	1	$11,615
Wastewater	2	$5,000 to $30,000
Hazardous Waste	1	$39,285
SWPPP	4	$5,000 to $63,184.48
Title V	1	$10,000
Other	1	$2,000

The remaining three (3) orders were not enforcement-oriented, but rather dealt with the approval of amendments, Brownfield agreements and other routine administrative matters.

The next Commission meeting is scheduled for March 28, 2013.

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 Mississippi Environmental Quality Permit Board convened its regular monthly meeting at 9:00 a.m. on February 12, 2013, at the offices of the Mississippi Department of Environmental Quality in Jackson. Jan Boyd chaired the meeting attended by all but one Board member. Minutes from the January meeting were approved, as were all non-controversial permits issued by the staff since the last meeting. Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

Nicholson Water and Sewer Association (Pearl River County)
Reissuance of NPDES Permit                       MS0033871

Nicholson Water and Sewer Association applied for the reissuance of its NPDES permit. The domestic wastewater treatment facility includes a three-celled area lagoon where 180,000 gallons of wastewater is treated each day and discharged into the McCall River. A public notice was issued in June 2012, and the MDEQ staff received one letter of concern regarding potential pollution to the McCall River, flooding of the wastewater treatment facility and required buffer zones for the facility. Following an inspection of the facility and a review of the application, the MDEQ staff stated that the permit was technically acceptable for issuance and recommended the Board’s approval. The Board voted to approve the permit.

Mississippi Power Company
Plant Victor J. Daniel, Gypsum Storage Facility
(Jackson County)

Issuance of 401 Water Quality
Certification for construction
& operation of facility               WQC2011047

Issuance of Solid Waste
Management Permit                SW0300040559

Issuance of Underground
Injection Control Permit           MSI1006

The above permits are for an electric-steam generating plant as a portion of the facility’s air pollution control initiatives. A public hearing was held on January 22, 2013 in Jackson County. Representatives from the Army Corps of Engineers, MDEQ and Mississippi Power Company attended the public meeting to address any questions from the public. No one appeared at the meeting to make comments to oppose the proposed permits. However, MDEQ did receive three letters of concern from one individual this past Sunday evening. The MDEQ staff addressed each concern expressed and reported to the Board that the applicant has met all permit application requirements and received clearances from the appropriate state and federal agencies. Following an agreement by the Board and the applicant on minor modifications to monitoring requirements under the permit for the solid waste site, the Board voted to approve all three permits listed above.

OFFICE OF GEOLOGY

Surface Coal Mining Permit Renewal:

Mississippi Lignite Mining Company,
Red Hills Mine (Choctaw County)
MS-002 Renewal 1

Mississippi Lignite Mining Company applied for a five-year term renewal of Surface Coal Mining Permit MS-002 Renewal 1 in Choctaw County, on December 21, 2011. The application was declared administratively complete on October 15, 2012. The application for permit renewal and notice of a public hearing were advertised in the Jackson Clarion Ledger and Choctaw Plaindealer newspapers. The public hearing was held on December 13, 2012, in Ackerman, Choctaw County, Mississippi. Public comments were received during the public hearing and by letter before and after the hearing. The MDEQ staff responded to all comments received. Per the MDEQ’s staff recommendation, the Board voted to approve the permit.

Surface Mining Bond Releases:

Hill Brothers Construction Co., Inc.
Lee              P09-023

Eutaw Construction Company, Inc.
Pontotoc       P11-021

Eutaw Construction Company, Inc.
Pontotoc       P11-022

RaCON, Inc.
Lowndes      P10-007

RaCON, Inc.
Lowndes      P11-015

RaCON, Inc.
Lowndes      P11-025

John E. Hodges
Lee               P94-102

Surface Mining Permits to Rescind:

Delta Construction & Land Co., LLC
Hinds          P95-088T1

Delta Construction & Land Co., LLC
Hinds          P99-060TA

The surface mining bond releases and permits to rescind listed above were approved in accordance with the staff’s recommendation.

The next Permit Board meeting will be held on March 12, 2013.

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 Mississippi Environmental Quality Permit Board convened its regular monthly meeting at 9:00 a.m. on January 8, 2013, at the offices of the Mississippi Department of Environmental Quality in Jackson. Jan Boyd chaired the meeting attended by all Board members. Minutes from the December meeting were approved, as were all non-controversial permits issued by the staff since the last meeting. Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

JW Farms (Copiah County)
Issuance of Coverage under the
AFO General Permit         MSG201709

The proposed site is located near Hazlehurst, Mississippi. The application is for the construction of six poultry houses for 153,000 broilers. The MDEQ staff received five letters of concern regarding the permit application. The letters were from adjacent landowners and nearby property owners, including a Christmas tree farm, who expressed concern regarding air pollution, odor issues, potential decrease in property value and traffic issues related to the safety of children visiting the nearby Christmas tree farm. MDEQ staff responded to each of these concerns and explained that the agency does not have any authority over the traffic issues. MDEQ staff reported to the Board that the applicant has met all permit requirements, including buffer zones. Following a brief discussion, the Board voted to approve the permit.

OFFICE OF GEOLOGY

Surface Mining Application:

Krystal Gravel, Inc.
Copiah        A1853

In 2012, this permit application was opposed by a nearby property owner concerned about the environmental impacts from the proposed site, especially on the health of his children. The property owner appeared before the Board in 2012 with a letter from his daughter’s pediatrician to support this position. Today, the property owner returned to inform the Board that he has come to an agreement with the applicant regarding activity at the proposed site. After the Board confirmed that the property owner was “satisfied” with this agreement, the Board voted to approve the permit application by the following margin: 3 Yes; 2 No; 2 Abstain.

Surface Mining Permit to Transfer:

Blackwell Sand Company, Inc.
transfer to Blackwell Sand & Gravel, Inc.
Lauderdale    P01-016

Surface Mining Permit to Cancel:

Eutaw Construction Company, Inc.
Marshall       P12-023

The surface mining permit to transfer and permit to cancel listed above were approved in accordance with the staff’s recommendation.

The next Permit Board meeting will be held on February 12, 2013.

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.