The Mississippi Commission on Environmental Quality convened at 9:00 a.m., on November 17, 2017, at the offices of the Mississippi Department of Environmental Quality in Jackson.  The Commission approved minutes from the previous meeting held on August 24, 2017.  Following a prepared agenda, items considered were as follows:

Commission Approval of Hazardous Waste Regulation Revisions

The staff recommended and the Commission approved the Hazardous Waste Regulation Revisions. Staff reported that on November 7, 2017, a public hearing was held concerning the revisions to the Mississippi Hazardous Waste Management Regulations. The revisions were proposed to clarify the delegation authority of the Mississippi Department of Environmental Quality (MDEQ) in previously adopted hazardous waste regulations and to correct typographical errors. These revisions are necessary for the re-authorization of MDEQ’s Hazardous Waste Management Program by the U.S. EPA. The proposed revisions do not represent new rule making by MDEQ or adoption of any new rule promulgated by EPA. There were no attendees to the public hearing and the staff has received no comments. Therefore, the staff recommended that the Commission adopt these hazardous waste regulation revisions. Adoption of these regulations maintains consistency between the Mississippi Hazardous Waste Regulations and the EPA Hazardous Waste Regulations as required by 40 CFR 271.4.

Environmental Covenant for Key Energy Services, LLC

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 Covenants between the Commission and Key Energy Services, LLC regarding the remediation of property located at 1304 West Main Street in Sandersville, MS. Key Energy Services, LLC operated the site as the Moncla Well Services, an oilfield support operation. Environmental Site Assessments have revealed a release of petroleum impacting soils and groundwater at concentrations in excess of Target Remediation Goals (TRGs). Therefore, remediation of the site is necessary. The staff of the MCEQ has evaluated the proposed Environmental Covenant and believes that, with the conditions and restrictions contained therein; the site will be in compliance with applicable State laws and standards and will be protective of the public health and the environment.

Revised Environmental Covenant for Letourneau Main Plant

NOTE – This agenda item was for reporting purposes only.  Pursuant to the Commission’s delegation regulations (11 Miss. Admin. Code Pt. 1), the Executive Director of MDEQ approved the Environmental Covenants between the Commission and Cameron International Inc. regarding the property located at 500 LeTourneau Road in Vicksburg, MS. The site is referred to as the LeTourneau Main Plant Site (Site). Environmental Site Assessments have revealed the Site impacted with chlorinated solvents in the groundwater in excess of TRGs. The original Environmental Covenant issued through Order No. 6045 11 included 0.1 acres of property. Cameron International Inc. requested the Environmental Covenant to be increased to 3.68 acres of property. The staff of the MCEQ has evaluated the proposed Environmental Covenant and believes that, with the conditions and restrictions contained therein; the site will be in compliance with applicable State laws and standards and will be protective of the public health and the environment.

Environmental Covenant for FPR, LLC

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 Covenants between the Commission and FPR, LLC regarding the remediation of property located on Soldier Colony Road in Canton, MS. The previous property owner, Dwight Kerry Rudder, operated the site as Rudder Flying Service. Environmental Site Assessments have revealed a release of toxaphene impacting soils and groundwater at concentrations in excess of the TRGs. Therefore, remediation of the site is necessary. The staff of the MCEQ has evaluated the proposed Environmental Covenant and believes that, with the conditions and restrictions contained therein; the site will be in compliance with applicable State laws and standards and will be protective of the public health and the environment.

Environmental Covenant for POM Enterprises

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 Covenants between the Commission and POM Enterprises regarding the remediation of property located on 400 West Main Street in Ackerman, MS. POM Enterprises operated the site as Trinity Industries. Environmental Site Assessments have revealed petroleum hydrocarbons and chlorinated impacting soils and groundwater at concentrations in excess of the TRGs. Therefore, remediation of the site is necessary. The staff of the MCEQ has evaluated the proposed Environmental Covenant and believes that, with the conditions and restrictions contained therein; the site will be in compliance with applicable State laws and standards and will be protective of the public health and the environment.

Transfer of Environmental Covenant for DG Investments

NOTE – This agenda item was for reporting purposes only. Pursuant to the Commission’s delegation regulations (11 Miss. Admin. Code Pt. 1), the Executive Director of MDEQ approved the Environmental Covenant transfer upon the sale of land among the Commission, HSC Gulfport, LLC (current owner), and DG Investments (prospective owner) regarding the remediation of property located at 3283 Pass Road in Gulfport, MS. HSC Gulfport, LLC operated the site as the Holcomb Paint Factory. Environmental Site Assessments have revealed contamination with C9-C10 Aromatics, C9-C18 Aliphatics, and C11-C22 Aromatics in excess of the Tier 2 TRGs. Therefore, remediation of the site is necessary. The staff of the MCEQ has evaluated the proposed Environmental Covenant and believes that, with the conditions and restrictions contained therein; the site will be in compliance with applicable State laws and standards and will be protective of the public health and the environment.

Notice of Proposed Amendments to Administrative Procedures Act Rules – 11 Miss. Admin. Code Pt. 7, Ch. 3 for Dam Safety

Staff recommended, and the Commission approved, the proposed amendments to Administrative Procedure Act Rules – 11 Miss. Admin. Code Pt. 7, Ch. 3 for Dam Safety.  Staff reported that the Dam Safety Division in the Office of Land and Water Resources is working on amending the Dam Safety Regulations to include 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, according to Staff. 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 being included to ensure the regulations match current dam safety policies and procedures. The proposed amendments will be available for public comment in early November, and a public hearing is scheduled for December 5, 2017. After the conclusion of the public hearing, staff will take into consideration any comments received and then present the proposed amendments to the Commission at a future meeting with a recommendation for adoption.

 Delta Sustainable Water Resources Task Force Update

Staff updated the Commission on the status of the Delta Sustainable Water Task Force. The Mississippi River Valley Alluvial Aquifer (MRVA) supplies most of the water used for agricultural irrigation and aquaculture in the Mississippi Delta. Over the last 30 years, water levels have declined in the MRVA throughout the Delta. In response to these declines, MDEQ established the Delta Sustainable Water Resources Task Force (DSWRTF) as a forum for developing and implementing strategies to stabilize water level declines in the MRVA. The MDEQ Office of Land and Water Resources leads the DSWRTF and will provide an update on permitting, water use reporting, modeling, and monitoring activities ongoing to develop and evaluate strategies for ensuring the Delta has sustainable water resources for the future.

CERTIFICATIONS APPROVED

Asbestos:                      278 certifications

Lead Paint:                   172 certifications

Underground Storage Tanks:              22 certifications

Wastewater Operator:                      60 certifications

EMERGENCY CLEAN-UP EXPENSES

There were 44 emergency expenditures since the last report.

ADMINISTRATIVE ORDERS APPROVED

Thirty three (33) Administrative Orders and one (1) Amended Agreed Order were issued by the Executive Director and approved by the Commission since the last report.

OTHER BUSINESS – Gary Rikard, MDEQ Executive Director discussed EPA Chief, Scott Pruit’s recent visit to Mississippi as well as the Restoration Summit held on November 14^th, in Biloxi.

The next Commission meeting is proposed to be on January 25, 2018, at 9 a.m.; however, this has not been finalized at this time.

 

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

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

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

Agricultural Branch

The Board approved Issuance of Coverage under the AFO General Permit (MSG201961) and Issuance of Storm Water Coverage (MSR107546) for Matt Palmer Poultry in Jones County.  The application proposes 6 poultry houses and construction activity on 12 acres of disturbed land.  Staff stated that upon notification by the Applicant, 17 neighboring property owners submitted letters of objection and a local church submitted a signed petition citing issues including odor and health concerns.  A representative from the church and a neighbor appeared at the meeting and spoke in opposition.  Mr. Palmer appeared and addressed questions posed by the people in opposition and also by Permit Board members.  Because the facility’s application is complete and the Applicant is in compliance, MDEQ staff recommended issuance of the Permit.

Waste Division/ Solid Waste Permitting and Certification Branch

The Board approved Reissuance of NPDES Storm Water Permit (MSS058548) and Reissuance and modification of Solid Waste Municipal Landfill Permit (SW04501B0378) for the City of Canton Sanitary Landfill in Madison County.  No attendees were present in the public hearing and one letter was submitted before the end of the comment period asking for clarification.  No one in opposition appeared at the meeting.   Because the application is complete, MDEQ staff recommended issuance of the Permit.

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
Eutaw Construction Company, Inc.	Lee	P09-004	Final 10%
Eutaw Construction Company, Inc.	Madison	P10-009T	Final 80%
Eutaw Construction Company, Inc.	Monroe	P12-026	Final 40%
Eutaw Construction Company, Inc.	Monroe	P13-011	Final 40%
Eutaw Construction Company, Inc.	Monroe	P13-018	Final 50%
Eutaw Construction Company, Inc.	DeSoto	P13-020	Final 10%
Eutaw Construction Company, Inc.	Clay	P13-022	Final 20%
Eutaw Construction Company, Inc.	Oktibbeha	P16-004	Initial 50%
Eutaw Construction Company, Inc.	Panola	P16-016	Initial 70%
Hammett Gravel Company, Inc.	Yazoo	P01-027	Additional 20%
Neely Trucking and Excavating	Rankin	P05-019AT	Final 90%
W. S. Jordan & Sons Sand & Gravel, Inc.	DeSoto	P92-001	Initial 40%
W. S. Jordan & Sons Sand & Gravel, Inc.	DeSoto	P96-026	Initial 80%

Surface Mining Transfer of Permits

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

 

Permittee	County	Permit
Ellis Construction Company, Inc. transfer to S and E Land Services, LLC	Lowndes	P08-042
Joe McGee Construction, Inc., transfer to B Franks Farms, LLC	Itawamba	P17-014

 

OTHER BUSINESS:

There was no other business.

The next Permit Board meeting will be held on December 12, 2017, at 9 a.m.

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on September 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 July 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

 Construction/Water II Branch

Design  Precast and  Pipe, Inc.:

Staff recommended and Board approved the Issuance of Coverage under the Ready Mix Concrete General Permit (MSG110319) in Harrison County.

Energy/Water II Branch

Mississippi  Lignite Mining Company; (Visitors):

Staff recommended and Board approved the Request for NPDES Compliance ScheduleVariance for Selenium (MS0054046) in Choctaw County.

OFFICE OF GEOLOGY

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

 

Permittee	County	Permit	Staff Recommendation
Joe McGee Construction Co., Inc.	Madison	Pll-024	Initial 90%
Standard Gravel Company, Inc.	Forrest	P03-008	Final 90%
TCB Construction Company, Inc.	Hancock	P93-022	Initial 30%
Edge Construction LLC	Lafayette	P13-013	Initial 90%

 

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

 

Permittee	County	Permit
BASF Corporation transferring POS-004, P86-015,  P88-013,  P92-071, and P99-042AAA to EP Engineer Clays Corporation	Monroe	P05-004T P86-015T P88-013T P92-071T P99-042AAT

 

 OTHER BUSINESS:

Roy Furrh, MDEQ Legal Counsel, noted that the Commission members will have their pictures taken at the November 14, 2017 meeting and confirmed that everyone will be in attendance.

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

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on August 8, 2017, at the offices of the Mississippi Department of Environmental Quality, in Jackson.  Dennis Riecke chaired the meeting.

The Board approved minutes from the July 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
Buchanan  Timber  Holdings, LLC	Pontotoc	P07-009	Initial 10%
Neely Trucking & Excavating	Rankin	P05-019AT	No Additional Release
Joe McGee Construction Co., Inc.	Winston	P13-015	Final 30%
Joe McGee Construction Co., Inc.	Newton	Pl0-031	Final 40%
Joe McGee Construction Co., Inc.	Madison	P06-024	Final 10%
Oddee Smith Construction, Inc.	Lincoln	P99-018	Final 50%
Oddee Smith Construction, Inc.	Lincoln	P02-047	Final 65%
Oddee Smith & Sons, Inc.	Lincoln	P98-007	Final 70%
Oddee Smith & Sons, Inc.	Lincoln	P05-014	Final 50%

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

 

Permittee	County	Permit
William Adair	Marshall	P09-029
Baker Ready Mix-Construction- Landscaping	Winston	P07-029
Ellis Construction Company, Inc.	Lowndes	P02-055A
The City of Brandon, Crossgates Project	Rankin	P16-024

 In accordance with MDEQ staff recommendations, the Board approved the following surface mining permits name change:

 

Permittee	County	Permit
Boral Bricks Inc. name changed to Meridian Brick, LLC	Kemper	P85-014, P85-020, P86-012, P92-099, P04- 046

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

 

Permittee	County	Permit
Wagoner Gravel, LLC., transfers to Camo Construction Company, Inc. permit number will be P04-039T	Adams	P04-039
Edgin Construction Company Transfers to Self-Storage 61, LLC permit number will be P16-013T	Adams	PI6-013
Marion Clay and Gravel, LLC, transfer to Heritage Sand and Gravel LLC permit number will be Pll-031T	Marion	Pll-031

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

 

Permittee	County	Permit
Old Hickory Clay Company	Tippah	P09-022
Hedges Plantation Land, LLC	Adams	P17-006

OTHER BUSINESS:

Roy Furrh, MDEQ Legal Counsel, welcomed David Dockery to the Permit Board.  Mr. Dockery was recently selected as head of the Office of Geology and the State Geologist, replacing Michael Bograd who recently retired.

The next Permit Board meeting will be held on September 12, 2017, at 9 a.m.

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.