The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on July 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 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 – No items.

OFFICE OF GEOLOGY

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

Permittee	County	Permit	Staff Recommendation
Baker Ready Mix – Construction – Landscaping	Winston	P07-029	Additional 10%
Oddee Smith & Sons, Inc.	Lincoln	P92-062	Final 90%
Dickerson and Bowen, Inc.	Amite	P94-046	Additional 70%
Dickerson and Bowen, Inc.	Franklin	P94-047T	Final 10%
Hammett Gravel Company, Inc.	Yazoo	P04-010	Additional 15%
Harris Construction Company	Madison	P02-060A	Initial 50%

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

Permittee	County	Permit
Talbot Bros. Constr. Co. and Talbot Bros. Grading Co.	DeSoto	P10-004A

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

Permittee	County	Permit
Phillips Trucking Company Transferred to BBR Mining, LLC	Hancock	P10-034

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

Permittee	County	Permit
Surface Coal Mine Red Hills Modification	Choctaw	MS-002 Renewal 2

 OTHER BUSINESS:

Roy Furrh, MDEQ Legal Counsel announced the retirement of Harry Wilson, Chief of the Environmental Permits Division, Office of Pollution Control and named Krystal Rudolph as his replacement.

ELECTION OF BOARD CHAIRMAN AND VICE-CHAIRMAN FOR 2017-2018

Mr. Furr also clarified the minutes from the last Board meeting that The Board unanimously voted to “elect” and not “nominate” the following:

Chair – Dennis Riecke, Mississippi Department of Wildlife, Fisheries & Parks

Vice-Chairman – James Hoffmann, Office of Land and Water

The Board unanimously approved these revisions.

The next Permit Board meeting will be held on August 8, 2017, at 9 a.m.

 

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on June 13, 2017, at the offices of the Mississippi Department of Environmental Quality, in Jackson.  Mr. Mike Bograd, RPG, chaired the meeting.

The Board approved minutes from the May 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 – No items.

OFFICE OF GEOLOGY

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

 

Permittee	County	Permit	Staff Recommendation
Milton Chad Coffee	Union	P07-014T	Initial 20%
Foshee Construction Company, Inc.	Madison	P99-047	Additional 40%
Hammett Gravel Company, Inc.	Yazoo	P93-061	Initial 10%
Hammett Gravel Company, Inc.	Yazoo	P96-052	Initial 10%
Hammett Gravel Company, Inc.	Yazoo	P97-046	Initial 10%
Hammett Gravel Company, Inc.	Yazoo	P00-064	Initial 10%
Hammett Gravel Company, Inc.	Yazoo	POl-037	Initial 10%
Hammett Gravel Company, Inc.	Yazoo	P02-026	Initial 10%
Hammett Gravel Company, Inc.	Yazoo	P02-030AAA	Initial 10%
Krystal Gravel, Inc.	Copiah	P79-002T2	Initial 20%
Krystal  Gravel, Inc.	Copiah	P02-043	Final 20%
Krystal  Gravel, Inc.	Copiah	P87-040T2	Additional 20%
Krystal Gravel, Inc.	Copiah	P92-107	Initial 50%
Krystal  Gravel, Inc.	Copiah	P94-103	No release
Krystal  Gravel, Inc.	Copiah	P95-069T2	Initial 10%
Krystal Gravel, Inc.	Copiah	P98-003	Final 10%
Krystal Gravel, Inc.	Copiah	P07-007	Initial 10%
Krystal Gravel, Inc.	Copiah	Pl0-027	No release
Krystal Gravel, Inc.	Copiah	P16-015	Initial 10%
Krystal Gravel, Inc.	Copiah	P16-032	No release
W. S. Newell	Marshall	Pl3-024	Initial 90%
W. S. Newell	Marshall	P13-025	Initial 90%
W. S. Newell	Marshall	P13-026	Initial 90%
W. S. Newell	Marshall	P14-007	Initial 90%
Oddee Smith & Sons, Inc.	Lincoln	P87-025	Final 50%
Oddee Smith & Sons, Inc.	Lincoln	POS-013	Final 15%
T.  L. Wallace Construction, Inc.	Hinds	PlS-010	Initial 90%

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

 

Permittee	County	Permit
Pat Fore Truck Lines, Inc.	Harrison	P95-082
Pat Fore Truck Lines, Inc.	Harrison	P95-083
AMO Construction. Inc.	Tallahatchie	P16-018

OTHER BUSINESS:

Lisa Ouzts, Senior Attorney with MDEQ, presented the proposed Findings of Fact and Conclusions of Law (“Findings of Facts”) for consideration regarding the evidentiary hearing held on March 14, 2017, in the matter of Drying Facility Assets Holding, LLC, Pearl River County,  Mississippi,  regarding the issuance, transfer, and modification of the Section 401 Water Quality Certification (WQC2012071), transfer of certificate of coverage under Mississippi’s Large Construction Storm Water General Permit (MSR106120), transfer of certificate of coverage under Mississippi’s Baseline Storm Water General Permit (MSR002071), and transfer of Permit to Construct Air Emissions Equipment (No. 2180-00052) to Drying Facility Assets Holding LLC, Pearl River County, Mississippi.  Staff previously circulated the proposed Findings of Facts to all parties and received only minor (non-substantive) edits.  Based on Staff recommendation, Board approved the Findings of Facts.

ELECTION OF BOARD CHAIRMAN AND VICE-CHAIRMAN FOR 2017-2018

The Board voted unanimously to elect the following:

Chair – Dennis Riecke, Mississippi Department of Wildlife, Fisheries & Parks

Vice-Chairman – James Hoffmann, Office of Land and Water

The next Permit Board meeting will be held on July 11, 2017, at 9 a.m.

The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on May 25, 2017, at the offices of the Mississippi Department of Environmental Quality in Jackson.  The Commission approved minutes from the previous meeting held on February 23, 2017.  Following a prepared agenda, items considered were as follows:

Commission Approval of Brownfield Agreement

The staff recommended and the Commission approved the Brownfield Agreement between the Commission and WALM Properties, LLP regarding the remediation of brownfield property located at 1140 Industrial Access Road in West Point, Mississippi. The administrative record for this environmental response project is referred to as the Big Yank Building site. The impacted area is centered around a former chemical storage shed located in the southwest portion of the property. Assessments revealed the extent of contamination in the groundwater and soil at levels in excess of the Target Remediation Goals. Therefore, remediation of the Brownfield Agreement Site is necessary. The proposed use of the Site after completion of all remediation will be an administrative office and staging area for a transportation business based out of West Point, MS. The staff of the MDEQ 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.

Commission Approval of Brownfield Obligation Transfer

On June 1, 2012, the Commission reached a Brownfield Agreement (#6130-12) with NCI Building Systems, Inc. for the remediation of the CECO Building Systems facility in Columbus, Mississippi. In accordance with Rule 2.1.5.C of Part 3, Chapter 2: Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi, NCI Building Systems, Inc. and Grandview Investments, LLC jointly have provided a petition to the MCEQ that Grandview Investments, LLC has the financial, managerial, and technical resources to complete performance of the Brownfield Agreement obligations and agrees to complete this performance. The staff of the MDEQ reviewed the petition recommended that the Commission issue an order in accordance with the Brownfield Regulations approving the transfer of those obligations in Brownfield Agreement #6130-12 from NCI Building Systems, Inc. to Grandview Investments, LLC. CECO Building Systems continues to operate in the space, and will continue to operate in the space, leasing the land and building from Grandview Investments, LLC. Based on Staff recommendation, the Commission approved the Brownfield Obligation Transfer.

Commission Rescind Brownfield Agreement and Accompanying Environmental Covenant- Wal-Mart Real Estate Business Trust-Pascagoula, Jackson County

In the November 10, 2016 Commission Meeting, the staff presented the request from Wal-Mart Real Estate Business Trust to rescind Brownfield Agreement Order Number 6661 16. The Commission voted to table consideration of this matter until the next Commission meeting. Wal-Mart Real Estate Business Trust and the property owner, Estabrook Toyota, have been in negotiations since that time to finalize corrective action alternatives for the property prior to rescinding the Brownfield Agreement. The staff of the MDEQ evaluated the request to rescind the Brownfield Agreement Order and recommended that, in accordance with applicable State laws and standards, Wal-Mart Real Estate Business Trust is not responsible for remediation of the petroleum related contaminants in the groundwater and soil. Staff recommended the Commission rescind Brownfield Agreement Order Number 6661 16 between MDEQ and Wal-Mart Real Estate Business Trust and the accompanying Environmental Covenant.  Based on Staff recommendation, the Commission rescinded the Brownfield Agreement Order.

Serenity Lane, Pearl River County – Evidentiary Hearing held on October 17 and 18, 2016 – Hearing Officer’s Proposed Findings and Recommendations for Commission’s Consideration

The Commission’s designated Hearing Officer, Frank Spencer, presented his proposed Findings and Recommendations related to the Serenity Lane Evidentiary Hearing, which was held on October 17 and 18, 2016. The Commission was provided electronic access to the record of this matter, which is an exhaustion of administrative remedies case. The records include the transcript of the evidentiary hearing; exhibits submitted by the Petitioners (Residents of Serenity Lane Subdivision), MDEQ staff, and the Intervenors (Fort James Corporation); and previous Findings and Recommendations and Orders entered by the Hearing Officers. Additionally, the Commission members were provided with Hearing Officer Spencer’s proposed Findings and Recommendations following the evidentiary hearing. These documents were provided to allow the Commission time to review them in advance of the Commission meeting.

Establishment of the Lignite Mining Fee for Liberty Fuels Company, LLC for the Liberty Mine in Kemper County for State Fiscal Year 2018; 

Establishment of the Lignite Fee for the Mississippi Lignite Mining Company for the Red Hills Mine in Choctaw County for State Fiscal Year 2018

The Staff recommend and the Commission approved that the Liberty Fuels Company, LLC Lignite Mining Fee for the 2018 state fiscal year be set at $125,000, which is the same as for state fiscal year 2017. Staff recommended and the Commission approved that the Mississippi Lignite Mining Company Lignite Mining Fee for the 2018 state fiscal year be set at $125,000, which is the same as for state fiscal year 2017. This amount 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. Staff will recommend that the Commission delegate the authority to sign the Orders to the Executive Director.

 Update Commission on the Volkswagen Settlement 

Lisa Ouzts, Senior Attorney with MDEQ, updated the Commission on the Volkswagen Settlement.   Pursuant to a settlement agreement with the U.S. government, Volkswagen will fund an Environmental Mitigation Trust (the “Mitigation Trust”) to fund projects that will reduce nitrogen oxide emissions by upgrading aging diesel-powered vehicles.  Wilmington Trust has been appointed Trustee for the Mitigation Trust and will work with the various parties to finalize the trust agreement which will require approval by the court.  Once the Mitigation Trust’s effective date has been established, the ball will start rolling on deadlines; however this date has not been accepted yet.  It is expected that Governor Bryant will appoint MDEQ as the lead agency for Mississippi, and MDEQ is currently working on a website to accept suggestions and funding requests; however, the website is not “live” at this time.

 CERTIFICATIONS APPROVED

Asbestos:                      332 certifications

Lead Paint:                   163 certifications

Underground Storage Tanks:              32 certifications

Wastewater Operator:                      162 certifications

 

EMERGENCY CLEAN-UP EXPENSES

There were 16 emergency expenditures since the last report.

ADMINISTRATIVE ORDERS APPROVED

Thirty five (35) Administrative Orders and three (3) Amended Agreed Orders were issued by the Executive Director and approved by the Commission since the last report.

OTHER BUSINESS – None

 The next Commission meeting will be held on June 22, 2017, at 9 a.m.

 

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on April 11, 2017, at the offices of the Mississippi Department of Environmental Quality, in Jackson.  Mr. Mike Bograd, RPG, 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 

 The Staff recommended and Board approved issuance of Air Construction Permit (1280-00058) and Modification to Air Prevention of Significant Deterioration (PSD) Permit for Chevron Products Company, Pascagoula Refinery in Jackson County.

OFFICE OF GEOLOGY

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

Surface Mining Bond Releases:

 

Permittee	County	Permit	Staff Recommendation
Memphis Stone & Gravel Company	Panola	P01-041	Final 30%
Century Construction and Realty, Inc.	Lee	P10-039TA	Initial 80%
King Equipment & Dozer Service, Inc.	Jasper	P08-006	Final 20%
Rea’s Country Lane Construction, Inc.	Chickasaw	P06-013	Final 20%
Rea’s Country Lane Construction, Inc.	Holmes	P11-009	Initial 10%
Oddee Smith Construction, Inc.	Lincoln	P01-022	Final 90%
BASF Corporation	Monroe	P78-007	Final 48%
BASF Corporation	Monroe	P86-015	Initial 90%

 Surface Mining Application:

 The Board approved Birdsong Construction Company, Inc.’s Surface Mining Application with Storm Water Application for the addition of 48.75 acres to an existing permit for a 32.5 acre surface mine in Madison County, Permit No. P14-018A.  Per regulations, Notices were sent to landowners, and MDEQ received several letters of opposition.  Two visitors spoke on behalf of the landowners in opposition citing silting; road problems; traffic and safety issues; quality of life; dust and noise among other issues.  A representative of the Applicant appeared and disputed the claims of the opposition. Staff addressed questions and issues of the opposition, and then stated that the Application is complete, has met all requirements, and the Applicant is in compliance.  Based on this, MDEQ Staff recommended issuance of the Permit.

OTHER BUSINESS

Mr. Roy Furrh, MDEQ Legal Counsel reminded the Board that the deadline to file their 2016 Statement of Economic Interest is approaching.

The next Permit Board meeting will be held on May 9, 2017, at 9 a.m.

 

The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on February 23, 2017, at the offices of the Mississippi Department of Environmental Quality in Jackson.  The Commission approved minutes from the previous meeting held on November 10, 2016.  Following a prepared agenda, items considered were as follows:

FY2018 Title V Fee Recommendation

Staff reported that a Public Hearing concerning the FY2018 Title V Permit Fee was held on December 21, 2016. No comments were received. The staff recommended and Commission approved to set the fee at $47.00 per ton of regulated air pollutants with a minimum fee of $250.00, which is the same as the previous year’s fee.

Mississippi State Oil and Gas Board Rule 68- Commission’s Consideration of Approval of Amendments and Revisions to Statewide Rule 68

Roy Furrh, MDEQ Legal Counsel, presented this matter before the Commission, stating that the Oil and Gas Board approved amendments and revisions to its Statewide Rule 68 on November 16, 2016, related to Disposal of Naturally Occurring Radioactive Materials Associated with the Exploration and Production of Oil and Gas as discussed in the December 20, 2016, correspondence from the Oil and Gas Board.  By statute and through case law, the amendments and revisions to the Rule 68 Disposal regulations must be approved by the Commission. Staff has previously briefed the Commission on this matter. The staff of the Oil and Gas Board has coordinated with staff of MDEQ on the amendments and revisions to Rule 68. Per MDEQ Staff recommendation, the Commission approved the amendments and revisions to Oil and Gas Board Rule 68.

Commission Designated Hearing Officer

Commission approved Doug Levanway, to serve as a hearing officer in future Commission evidentiary hearings, pursuant to Miss. Code Ann. Sections 49-17-31 and 49-17-33.

Commission Approval of Brownfield Consulting Firms

 Staff recommended, and the Commission approved, Tioga Environmental Consultants, Inc., of Memphis, Tennessee, as a Brownfield Consulting Firm.

Commission Approval of Environmental Covenant – Accelerated Companies, LLC Facility – Laurel, MS

 Note – This agenda item was for reporting purposes only.  Pursuant to the Commission’s delegation regulations (11 Miss. Admin. Code Pt. 1, R.1.1.Y.), the Executive Director of MDEQ approved the Environmental Covenant between the Commission and Accelerated Companies, LLC, regarding the remediation of property located at 3625 Industrial Boulevard, Laurel, MS. The accompanying Restrictive Use Agreed Order was also approved by the Executive Director. Environmental Site Assessments revealed a release of Diesel Range Petroleum compounds impacting shallow soils beneath the footprint of the building on-site and a release of Cadmium impacting groundwater in one shallow well at concentrations in excess of Target Remediation Goals. Therefore, remediation of the site is necessary. The staff of the MDEQ evaluated the proposed Environmental Covenant and believes that, with the conditions and restrictions contained within, the site will be in compliance with applicable state laws and standards and will be protective of the public health and the environment.

CERTIFICATIONS APPROVED

Asbestos:                      336 certifications

Lead Paint:                   104 certifications

Underground Storage Tanks:              17 certifications

EMERGENCY CLEAN-UP EXPENSES

There were 15 emergency expenditures since the last report.

ADMINISTRATIVE ORDERS APPROVED

Twenty (20) Administrative Orders and three (3) Amended Agreed Orders were issued by the Executive Director and approved by the Commission since the last report.

OTHER BUSINESS

Mr. Gary Rikard, Executive Director of the MDEQ updated the Commission on the status of MDEQ budget discussions before the Legislature.

 

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on February 14, 2017, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Mike Bograd, RPG, chaired the meeting.

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

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL – No Items

OFFICE OF GEOLOGY

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

Surface Mining Bond Releases:

 

Permittee	County	Permit	Staff Recommendation
All South Construction Company	Neshoba	P99-071A	Initial 20%
Baldwin Sand & Gravel	Panola	P12-019	Initial 10%
W.E. Blain & Sons, Inc.	Scott	P91-046T	Initial 50%
W.E. Blain & Sons, Inc.	Scott	P96-013	Initial 50%
Preston Dobbs Truck Service	Monroe	P10-010	Initial 90%
Tanner Construction Co., Inc.	Jefferson Davis	P96-016T	No Additional
Tanner Construction Co., Inc.	Lawrence	P07-005A	No Additional
Tanner Construction Co., Inc.	Perry	P08-019	No Additional
Walters Development, LLC*	Jones	P07-030	Additional 20%
*Note – a representative for Walters Development spoke on behalf of the company regarding the Bond Release and a separate permit application submitted to MDEQ.

Surface Mining Transfer:

The Board approved the permit transfer from Boyles Roofing and Sheet Metal, Inc., Permit P92-045T, to M&O Surface, Inc.

Surface Mining Name Change:

The Board approved a name change from Blain and Sons, Inc. to Blain Sand & Gravel, Permit P96-042AA.

OTHER BUSINESS

Renaissance at Colony Park, LLC, Madison County, Mississippi – Staff presented and the Board approved the proposed Findings of Fact and Conclusions of Law for consideration regarding the issuance of a Clean Water Act Section 401 Water Quality Certification (No. WQC 2015041) and Coverage under the Large Construction Storm Water General NPDES Permit (No. MSR 107191) to Renaissance at Colony Park, LLC, Madison County, Mississippi.

Mr. Roy Furrh, MDEQ Legal Counsel reminded the Board that the Evidentiary Hearing for Drying Facility Asset Holdings, LLC, has been scheduled for the March meeting.

Staff presented and Board approved MDEQ’s Motion to Dismiss an evidentiary hearing request received from Austin D. (Dan) Check for consideration regarding the reissuance of Water Pollution Control Permit to Discharge Wastewater in Accordance with the National Pollutant Discharge Elimination System, Permit No. MS0020117, to the City of Meridian Publicly Owned Treatment Works, located in Lauderdale County, MS.

The next Permit Board meeting will be held on March 14, 2017, at 9 a.m.

 

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on January 11, 2017, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Mike Bograd, RPG, chaired the meeting.

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

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

The Board approved issuance of coverage under the AFO General Permit (MSG201911) and issuance of construction under the Storm Water Coverage (MSR107315) for A’s Farm, LLC, in Walthall County.  The application proposes ten poultry houses and construction activity on sixteen acres of disturbed land.  Staff stated that upon notification by the Applicant, one neighboring property owner submitted a letter of objection and a local church submitted a signed petition citing issues including health concerns and property values.  No one in opposition was present at the meeting.  Because the facility’s application is complete and the Applicant is in compliance, MDEQ staff recommended issuance of the Permit.

OFFICE OF GEOLOGY

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

Surface Mining Bond Release:

 

Permittee	County	Permit	Staff Recommendation
Bellew Sand and Gravel	Forrest	P97-026	Initial 90%
Boydstun Lumber Company	Winston	P87-021	Initial 90%
Boydstun Lumber Company	Winston	P94-027A	Initial 50%
Green Brothers Gravel Company, Inc.	Copiah	P09-005A	Final 20%
Golden Triangle Sand and Gravel	Lowndes	P89-013T	Initial 90%
Golden Triangle Sand and Gravel	Lowndes	P98-041	Initial 90%
Hammett Gravel Company, Inc.	Yazoo	P06-029A	Additional 20%
Joe McGee Construction Company, Inc.	Madison	P11-018A	Initial 80%
Joe McGee Construction Company, Inc.	DeSoto	P13-003	Initial 10%
Birdsong Construction Company, Inc.	Hinds	P96-066	Initial 25%
Ralph Weldy	Forrest	P94-140A	Initial 90%

Surface Mining Transfer of Acreage:

The Board approved the transfer of 120 acres in Holmes County from the adjacent mine owned by Baldwin Sand & Gravel (“Baldwin”) to Hammett Gravel Company, Permit P10-020AAA (“Hammett”) increasing Hammett’s permitted acreage from 83.5 acres to 203.5 acres and reducing Baldwin’s permitted acreage from 290 acres to 170 acres.

OTHER BUSINESS

 Staff presented and Board approved the proposed Findings of Fact and Conclusions of Law for consideration regarding the issuance and modification of Water Pollution Control Permit to Discharge Wastewater in Accordance with the National Pollutant Discharge Elimination System Permit No. MS0061751 to Mississippi Power Company, Kemper IGCC Facility (Plant Ratcliffe), Located in Kemper County, MS.

Mr. Roy Furrh, MDEQ Legal Counsel reminded the Permit Board members that they need to file their annual ethics statement.

Mr. Roy Furrh, thanked the Board for completing the forms recently required by the Department of Interior – Office of Surface Mining and Reclamation.

Mr. Furrh also reminded the Board that the Evidentiary Hearing for Drying Facility Asset Holdings, LLC, has been scheduled for the March meeting.

Mr. Furrh briefly discussed the suit between West Rankin Utility Authority and the City of Jackson and stated that oral arguments are today before the Rankin County Chancery Court.

The next Permit Board meeting will be held on February 14, 2017, at 9 a.m.

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on December 13, 2016, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Mike Bograd, RPG, 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

The Board approved issuance of coverage under the AFO General Permit (MSG201908) and issuance of construction under the Storm Water Coverage (MSR107275) for Tommie L. Landrum II Poultry in Jones County.  The application proposes six poultry houses and construction activity on twelve acres of disturbed land.  Staff stated that upon notification by the Applicant, eleven neighboring property owners submitted letters of objection citing issues including health concerns, the presence of gopher tortoises, and a stream running through the property.  Two individuals spoke in opposition and one read a letter from a third individual, who was unable to attend the meeting.  Board members posed questions to those in opposition as well as staff concerning notification issues; buffer area; doctor’s letter confirming health problems; disposal of litter and dead birds.  Because the facility’s application is complete and the Applicant is in compliance, MDEQ staff recommended issuance of the Permit.  After the vote, Mr. Roy Furrh, MDEQ General Counsel, advised those in opposition that they may request an Evidentiary Hearing on the matter.

OFFICE OF GEOLOGY

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

Surface Mining Bond Release:

 

Permittee	County	Permit	Staff Recommendation
T. L. Wallace Construction, Inc.	Hinds	PIS-017	Initial 90%
Baldwin Sand & Gravel	Monroe	P92-098AA	Final 60%
T. L. Wallace Construction, Inc.	Harrison	P03-030	Initial 90%
T. L. Wallace Construction, Inc.	Harrison	P02-018	Final 10%
T. L. Wallace Construction, Inc.	Marion	P08-013	Final 10%
T. L. Wallace Construction, Inc.	Marion	P08-018	Final 10%
T. L. Wallace Construction, Inc.	Marion	P08-021	Final 10%

OTHER BUSINESS

Mr. Roy Furrh, MDEQ General Counsel, thanked the Board for completing the forms recently required by the Department of Interior – Office of Surface Mining and Reclamation

Mr. Furrh also reminded the Board that the Evidentiary Hearing for Drying Facility Asset Holdings, LLC has been scheduled for the March meeting.

The next Permit Board meeting will be held on January 10, 2017 at 9 a.m.

 

The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on November 10, 2016, at the offices of the Mississippi Department of Environmental Quality in Jackson.  The Commission approved minutes from the previous meeting held on August 25, 2016.  Following a prepared agenda, items considered were as follows:

Titan International, Inc. and The City of Natchez – Natchez, Adams County

Note – This agenda item was for informational purposes only.

Staff reported that, pursuant to the Commission’s delegation regulations, the Executive Director of MDEQ approved the Environmental Covenant between the Commission and the City of Natchez regarding the remediation of property located at 89 Kelly Street, Natchez, MS.  The Restricted Use Agreed Order between the Commission, Titan International, Inc. and the City of Natchez was also approved by the Executive Director. Environmental Site Assessments have revealed a release of Trichloroethene and petroleum compounds impacting groundwater at concentrations in excess of Target Remediation Goals (TRGs). Therefore, remediation of the site is necessary.  Staff evaluated the Environmental Covenant and Restricted Use Agreed Order and believes that, with the conditions and restrictions contained within, the site will comply with applicable State laws and standards and will be protective of the public health and the environment.

Commission Rescind Brownfield Agreement and Accompanying Environmental Covenant – Wal-Mart Real Estate Business Trust – Pascagoula, Jackson County

A motion to approve a postponement of this matter until the next commission meeting was made, seconded and approved unanimously.

Delegation of Commission’s Authority to Executive Director

Staff requested and the Commission delegated its authority, to apply for, receive, and expend any federal or state funds or contributions, gifts, devices, bequests, or funds from any other sources to the Executive Director.

Adoption of amendments to 11 Mississippi Administrative Code, Part 2, Chapter 1, “Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants” and a Revision to the Mississippi State Implementation Plan for the Control of Air Pollution

Staff recommended and the Commission approved amendments to 11 Miss. Admin. Code, Pt. 2, Ch. 1.  These amendments involve:

1. Amendments to Rule 1.10 and an associated Revision to the State Implementation Plan for Control of Air Pollution (SIP Revision) regarding startups, shutdowns, and/or malfunctions of air emissions equipment in order to comply with federal requirements of the U.S. Environmental Protection Agency. This action is a response to a USEPA SIP Call to address a Finding of Substantial Inadequacy with the existing SIP provisions for Upsets, Startups, and Shutdowns. The amendments and associated SIP Revision are intended to address state regulation inconsistencies with recent changes to USEPA policies for startup, shutdown, and malfunction events.
2. Amendments to Rules 1.6.C. and 1.8.A to update the state adoption, by reference, of recent amendments to Federal New Source Performance Standards (NSPS) in 40 CFR Part 60, Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) in 40 CFR Parts 61 and 63, and Federal Consolidated Air Rules (CAR) in 40 CFR Part 65. This action will update the federal delegation to the state.
3. Deletion of Rule 1.14, “Provisions for the Clean Air Interstate Rule” (CAIR) since the federal provisions referenced in Rule 1.14. have been revoked and are no longer in effect.

A public hearing was held on September 16, 2016 following a 30-day public comment period. Commenters requested additional time to submit comments and the comment period was extended until October 6, 2016. Several comments were received. A copy of the public hearing transcript including all comments submitted was provided to the Commission.

FY 2018 Title V Fee Recommendation -Approval to Proceed to Public Notice of Hearing

Staff provided the Commission a copy of the draft report containing the Title V Advisory Council’s Title V fee recommendation for the upcoming fee year. 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 hearing has been held, the public comment period has ended, and comments have been reviewed, staff will bring the fee recommendation back before the Commission for final action.  Commission approved Staff’s request to proceed to Public Notice of Hearing.

 CERTIFICATIONS APPROVED

Asbestos:                    386 certifications

Lead Paint:                 144 certifications

Underground Storage Tanks:            38 certifications

EMERGENCY CLEAN-UP EXPENSES

There were 20 emergency expenditures since the last report.

ADMINISTRATIVE ORDERS APPROVED

Twenty six (26) administrative orders were issued by the Executive Director and approved by the Commission since the last report.

OTHER BUSINESS

Mr. Roy Furrh, MDEQ General Counsel, advised the Board that key employees at MDEQ had recently filed forms with the Department of Interior – Office of Surface Mining and Reclamation and that members of the Commission would also have to complete similar forms.

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on November 8, 2016 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Mike Bograd, RPG, chaired the meeting.

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

Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

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

Surface Mining Bond Release:

 

Permittee	County	Permit	Staff Recommendation
Walters Development, LLC	Jones	P09-015	50% Release

Liberty Fuels Coal Mine Renewal:

The Board approved the renewal of Liberty Fuels Coal Mine Permit Number MS-003 in Kemper County.  The Application was submitted for the first renewal of the permit.  There were no written comments in opposition to the Application. Further, a public hearing was held, but there was no opposition at the hearing.

Krystal Gravel, Inc. – Surface Mining Application:

The Board approved Krystal Gravel, Inc.’s Surface Mining Application for a 10.78 acre sand and gravel surface mine.  Per regulations, Notices were sent to landowners within 500 feet.  MDEQ was notified by a landowner (Ms. Montora McDonald) that she did not receive the Notice.  A Notice was sent to Ms. McDonald and the comment period was extended accordingly. A public hearing was held and one person spoke in opposition, citing dust and noise.  Ms. McDonald appeared at the Permit Board Meeting in opposition.  She asked questions regarding proximity of the mine to her property and how long it would take to reclaim the land once mining operations ceased; also, she cited issues such as dust, mud and hazards.  Staff addressed Ms. McDonald’s questions and issues, and then stated that the Application is complete, has met all requirements, and the Applicant is in compliance.  Based on this, MDEQ staff recommended issuance of the Permit.

OTHER BUSINESS

Mr. Roy Furrh, MDEQ General Counsel, advised the Board that key employees at MDEQ had recently filed forms with the Department of Interior – Office of Surface Mining and Reclamation and that members of the Permit Board would also have to complete similar forms.

Mr. Furrh advised the Board that the Evidentiary Hearing for Drying Facility Asset Holdings, LLC that had been scheduled for the December meeting has been postponed until the March meeting.

Following the Permit Board meeting, an evidentiary hearing was held regarding Renaissance at Colony Park, LLC, Madison County, Mississippi, regarding the issuance of Section 401 Water Quality Certification No. WQC 2015041 and Large Construction Storm Water General NPDES Permit Coverage No. MSR 107191.

The next Permit Board meeting will be held on December 13, 2016 at 9 a.m.