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Supplement to Mississippi Environmental Quality Permit Board Summary of Meeting Held April 14, 2015

April 22, 2015 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

Meeting Summary

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on April 14, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson.  The portion of the April 21 summary of this April 14 Board meeting regarding the discussion of the Board’s action relating to the West Rankin Utility Authority’s (WRUA) permit application is corrected and clarified as follows.  The Board did not approve the WRUA permit in closed session.  The Board members went into closed session briefly to decide if they needed to go into an executive session to discuss potential legal issues or lawsuits that may arise from the issue.  However, they decided there was no need to go into an executive session at that time, so they adjourned the closed session, invited everyone back into the meeting and returned to open session.  At that time, after brief discussion while in open session, they voted to issue the WRUA permit.

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.

Related Attorneys

  • John E. Milner
  • Gene Wasson

Mississippi Environmental Quality Permit Board Summary of Meeting Held April 14, 2015

April 21, 2015 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

The Mississippi Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on April 14, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Ms. Leslie Royals, PE chaired the meeting.  The Board approved minutes from the March meeting and all non-controversial actions/certifications by the staff since the March meeting.  Following a prepared agenda, items considered were as follows:

LEGAL DIVISION

Mr. Roy Furrh, MDEQ General Council, presented the Proposed Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board for the Board’s consideration and adoption.  The Board approved the Proposed Rules upon recommendation by MDEQ’s Legal Department.

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining bond releases and partial permit transfer.

Surface Mining Bond Releases:

Permittee

County

Permit

Staff Recommendation

Jim Castleberry, Castleberry Trucking

DeSoto

P94-082

Final 10% Release

Jim Castleberry, Castleberry Trucking

DeSoto

P95-054

Final 10% Release

Jim Castleberry, Castleberry Trucking

DeSoto

P95-119

Final 10% Release

Jim Castleberry, Castleberry Trucking

DeSoto

P00-012

Final 10% Release

Jim Castleberry, Castleberry Trucking

DeSoto

P00-013

Final 10% Release

Jim Castleberry, Castleberry Trucking

DeSoto

P03-007

Final 10% Release

Baldwin Sand & Gravel

Lowndes

P02-029A

Final 30% Release

W.G. Yates & Sons Construction Co.

DeSoto

P14-004

Initial 10% Release

W.G. Yates & Sons Construction Co.

DeSoto

P13-004T

Initial 10% Release

Surface Mining Partial Permit Transfer:

Permittee

County

Permit

Joe McGee Construction Company, Inc., transfer to Green Earth Materials, LLC

Rankin

P06-010T1

OFFICE OF POLLUTION CONTROL

Construction Building Material Branch

MDEQ staff recommended approval of a Ready Mix Concrete General Permit for the Oscar Renda Contracting, Biloxi North Facility in Harrison County.  MDEQ staff noted that the application is complete.  Upon notification by the Applicant, three contiguous land owners issued letters of concern regarding stormwater, wastewater and declining property values.  Tony Morrow, Project Manger for the Applicant, described the facility as temporary in nature.  The contiguous landowners did not appear before the Board.  After discussion, the Board approved the General Coverage Permit (MSG110313).

Agricultural Branch

MDEQ staff recommended reissuance of Animal Feeding Operation (AFO) and issuance of Storm Water Permits for JJ Farm in Newton County. Upon notification by Applicant, four landowners issued letters of concern regarding the number of poultry houses, proximity of poultry houses to residential homes, noise, and runoff issues.  However, responding land owners are outside of the buffer zone.  The landowners did not appear before the Board.  Based on MDEQ staff recommendation, the Board approved AFO General Permit (MSG201044) and Storm Water Coverage (MSR106830).

Solid Waste Management & Mining

Staff recommended renewal of the Wastewater Pretreatment and Stormwater Permit, modification of Solid Waste Permit, and issuance of Title V Permit for Pine Belt Regional Solid Waste Management Authority in Perry County.  There was no opposition by adjoining property owners.  Based on Staff recommendation, the Board approved the following permits:  Wastewater Pretreatment (MSP091106), NPDES Stormwater (MSS048658), Title V (2200-00025), and Solid Waste Permit (SW0560010436).

Municipal & Private Facilities

MDEQ Staff presented the West Rankin Utility Authority Wastewater Treatment Facility NPDES Wastewater Permit application, but did not make a recommendation.  Roy Furrh, MDEQ General Council, noted that the presentation of the permit application was not an evidentiary hearing. Representatives of the West Rankin Utility Authority and the City of Jackson made statements regarding the permit application.  After the statements, the Board approved the NPDES Wastewater Permit (MS0061743) in a closed session.

OTHER BUSINESS

Roy Furrh, MDEQ General Council, stated that MDEQ is scheduling an evidentiary hearing regarding the Dry Asset Facility Holdings, LLC (Pearl River County) Permit Transfer application.  The hearing will probably be held in June or July 2015.

The next Permit Board meeting will be held on May 12, 2015 at 9 a.m.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

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.

Related Attorneys

  • John E. Milner
  • Gene Wasson

Mississippi Environmental Quality Permit Board Summary of Meeting Held March 17, 2015

March 19, 2015 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on March 17, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Ms. Leslie Royals, PE chaired the meeting.  The Board approved minutes from the February meeting and all non-controversial actions/certifications by the staff since the February meeting.  Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining bond releases and permits to approve.

Surface Mining Bond Releases:

Permittee

County

Permit

Staff Recommendation

Eutaw Construction Company, Inc.

Rankin

P12-020

30% Release

W.G. Yates & Sons Construction Co.

DeSoto

P13-009T

60% Release

The following Surface Mining Permit Transfer was withdrawn pending additional information to be submitted by applicant.

Permittee

County

Permit

Joe McGee Construction Company, Inc., to Green Earth Materials, LLC

Rankin

P06-10T1A

OFFICE OF POLLUTION CONTROL

Solid Waste Management & Mining Branch

Staff recommended approval of permits for the Northeast MS Regional Landfill in Tippah County.  After noting that the applicant is in compliance with all permits, the Board approved the following renewals: Modification of Wastewater Pretreatment Permit (MSP091079), Title V (2660-00055), Stormwater NPDES (MSS049301).

Construction and Building Material Branch

Michael Griffin of MDEQ staff stated that the Board has approved the State Wide Multimedia Hot Mix Asphalt Facility General Permit (MSR70).

Staff also reported that minor modifications to the MMS Materials, Inc. facility in Scott County are complete.  The facility is currently in compliance with all permits.  The Board approved the facility’s Ready Mix General Permit (MSG110026).

MDEQ staff stated that Dry Asset purchased the Picayune Frac Plant facility formerly owned by Alliance Consulting Group, LLC (Alliance).  Dry Asset purchased the facility, located in Pearl River County in bankruptcy proceedings.  Following discussion, the Board approved the proposed name change for the following permits:  Water Quality Certification (WQC2012071), Air Construction (2180-00052), Baseline Stormwater (MSR002071), and Construction (MSR106120).  Staff also reminded the Board of the upcoming Evidentiary Hearing that had been postponed because of the bankruptcy (no date specified).

In discussion, MDEQ staff stated that Shale Support Services (Operator) will continue to operate with facility no change in activities.  MDEQ previously cited Alliance for operating prior to issuance of a permit in 2012 and cited Operator in 2013.  However, all penalties have been paid and multiple site visits performed by MDEQ indicated no odor or sedimentation issues.

Mr. Skip Negratto of Gulfport, attorney for residents of Ravenwood subdivision, stated that residents have filed numerous complaints regarding odor and sedimentation concerns at the facility.  Mr. Negratto presented photos documenting odor/air quality concerns and turbid stormwater runoff.  Mr. Negratto requested that the Board postpone approval of Dry Asset’s permits until after the Evidentiary Hearing.

Ms. Amanda Tollison, attorney for Alliance and Dry Asset, noted that the facility is in an industrial park that was established prior to development of Ravenwood subdivision.  The Dry Asset facility dries sand and does not produce odors.  Other industries within the park include plastics and chemical creosote operations, which may be the source of odor.

OTHER BUSINESS

The next Permit Board meeting will be held on April 14, 2015 at 9 a.m.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

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.

Related Attorneys

  • John E. Milner
  • Gene Wasson

Mississippi Commission on Environmental Quality Summary of Meeting Held February 26, 2015

March 2, 2015 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on February 26, 2015, at the offices of the Mississippi Department of Environmental Quality in Jackson. The Commission approved minutes from the previous meeting held on November 20, 2014.

Following a prepared agenda, items considered were as follows:

FY 2016 TITLE V FEE RECOMMENDATION

A Public Hearing concerning the FY2016 Title V Air Permit Fee was held on January 15, 2015. No comments were received.  Copies of the public hearing transcript have been provided.  The staff will recommend that the Commission set the FY2016 Title V fee at $41.00 per ton of regulated air pollutants with a minimum fee of $250.00.

PILOT TRAVEL CENTERS LLC—MOSS POINT, JACKSON COUNTY—PRESENTATION OF EVIDENTIARY HEARNING RECORD AND RECOMMENDATION OF HEARNING OFFICER

Pilot Travel Centers LLC requested a formal evidentiary hearing after MDEQ staff determined that Pilot was not eligible for reimbursement for assessment and remediation costs from the Mississippi Groundwater Protection Trust Fund for releases that occurred in March 2013 and thereafter, at Pilot’s Underground Storage Tank site located at 6705 Highway 63 in Moss Point.  On May 22, 2104, the Commission designated Ricky Luke, Assistant Attorney General, as the hearing officer to conduct the hearing to prepare a record for the Commission’s consideration.  Hearing officer Luke conducted the evidentiary hearing on Sept. 11, 2014. Mr. Luke presented his findings of fact and his recommended decision for the Commission’s consideration.

CERTIFICATIONS APPROVED

Asbestos:                     319 certifications

Lead Paint:                  78 certifications

Underground Storage Tanks:            5 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

Six (6) emergency clean-up expenditures occurred since the last report.

ADMINISTRATIVE ORDERS APPROVED

Twenty-five (25) administrative orders were issued by the Executive Director and approved by the Commission since the last report.  These include the following matters:

Program Area Number of Orders Penalty Range
NPDES 3 $6,250 – $50,000
Large Construction Stormwater 3 $5,000 – $23,000
Asbestos Removal 5 $2,500 – $7,500
Air 3 $19,000 – $37,500
Hazardous Waste 3 $15,000 – $275,000
Surface Water Withdrawal 1 $60,000
Solid Waste 1 $4,000

An order confirms the adoption of the Commission Regulation 11 Mississippi Administrative Code, Part 2, Chapter 11 entitled “Regulations for Ambient Air Quality Nonattainment Areas” along with the associated Revision to the Mississippi State Implementation Plan for Control of Air Pollution (SIP Revision).

An order confirms the adoption of amendment to Commission Regulation 11 Mississippi Administrative Code, Part 1, Chapter 1 entitled “Air Emission Regulations for the Prevention, Abatement, and Control of Contaminants.”

The next Commission meeting is scheduled for March 26, 2015.

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.

Related Attorneys

  • John E. Milner
  • Gene Wasson

Mississippi Environmental Quality Permit Board Summary of Meeting Held February 10, 2015

February 24, 2015 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on February 10, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mrs. Leslie Royals, PE chaired the meeting.  The Board approved minutes from the January meeting and all non-controversial actions/certifications by the staff since the January meeting.  Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining bond releases and permits to approve.

 Surface Mining Bond Releases:

Permittee

County

Permit

Eutaw Construction Company, Inc.

Pontotoc

P11-021

Eutaw Construction Company, Inc.

Pontotoc

P11-022

Riverside Construction Company, Inc.

Warren

P10-030

Walters Development, LLC

Jones

P07-030

Mr. James Matheny of MDEQ staff recommended approval of the following surface mining permit.

Surface Mining Permit Approvals:

Permittee

County

Permit

Staff Recommendation

Rockco Mining LLC

Panola

P13-09A

Approve

OTHER BUSINESS:

The next Permit Board meeting will be held on March 17, 2015 at 9 a.m.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

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.

Related Attorneys

  • John E. Milner
  • Gene Wasson

Mississippi Environmental Quality Permit Board Summary of Meeting Held January 13, 2015

January 14, 2015 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on January 13, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mrs. Leslie Royals, PE chaired the meeting.  The Board approved minutes from the December meeting and all non-controversial actions/certifications by the staff since the December meeting.  Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining bond releases and permits to approve.

 Surface Mining Bond Releases:

Permittee

County

Permit

Staff Recommendation

Ausbern Construction Co., Inc.

Winston

P11-011

Final 10% release

Baldwin Sand & Gravel

Lowndes

P02-029A

Additional 40% release

Joe McGee Construction, Inc.

Lincoln

P06-010T1A

Initial 55% release

Oddee Smith Construction, Inc.

Lincoln

P11-002

Final 20% release

Mr. James Matheny of MDEQ staff recommended approval of the following surface mining permits.  Neighboring property owners submitted letters of concern regarding both permits, but subsequently withdrew their concerns after discussions with MDEQ staff.

Surface Mining Permit Approvals:

Permittee

County

Permit

Staff Recommendation

Hutchinson Island Mining Corporation

Pearl River

P99-033AA

Approve

Hammett Gravel Inc., Kuhn Mine # One

Holmes

P10-002AA

Approve

OTHER BUSINESS:

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

Mr. Furrh also stated that the revised Permit Board Rules and Regulations of Practice for Evidentiary Hearings will be available for public review and comment shortly and are expected to go before the Board for approval on March 10, 2015.

The next Permit Board meeting will be held on Feb. 10, 2015 at 9 a.m.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

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.

Related Attorneys

  • John E. Milner
  • Gene Wasson

U.S. EEOC To Take Aim At Corporate Wellness Programs

December 19, 2014 by Brunini Law

U.S. Equal Employment Opportunity Commission (EEOC) Chair Jenny Yang announced the agency’s intention in 2015 to propose new regulations addressing the interplay between corporate wellness programs and federal anti-discrimination statutes.  The EEOC raised eyebrows recently by launching its first-ever series of lawsuits under the Americans with Disabilities Act (ADA) directly challenging wellness programs.  Many critics complained the agency engaged in litigation against employers without giving them needed clarity on how not to run afoul of the ADA, as well as the Genetic Information Nondiscrimination Act (GINA).  The interplay between corporate wellness programs and the Affordable Care Act only heightens the need for additional clarity from the EEOC.  “That is an area that we think is very important for us, as a commission, to provide guidance on — how the Affordable Care Act interacts with the ADA and other laws such as GINA,” said Yang.

The EEOC’s fall 2014 regulatory agenda lists two rules—to amend regulations under the ADA and GINA respectively—for which notices of proposed rulemaking are slated for February.  The ADA-related rule aims to tackle “financial inducements and/or penalties” under health plan wellness programs, as well as other aspects of wellness programs, and their interaction with the ADA.  The other rule seeks to address inducements to workers’ spouses or other family members who answer questions about current or past medical conditions. The EEOC said voluntary wellness programs are permissible, but they must be genuinely voluntary.

While offering clarity remains the goal, the EEOC stops short of guaranteeing that the notices of proposed rulemaking will actually issue in February 2015.   “The [February 2015] date is somewhat of a target; it’s not a fixed date,” said Yang. “I wish I could give you a more certain prediction, but I can say that it’s something we’re going to be focusing on.”

Related Attorneys

  • Tammye Campbell Brown
  • Stephen J. Carmody
  • Christopher R. Fontan
  • Claire W. Ketner
  • Lauren O. Lawhorn
  • Scott F. Singley

United States Department of Labor’s OFCCP Final Rule Protecting Sexual Orientation and Gender Identity Discrimination

December 18, 2014 by Brunini Law

On December 3, 2014, the United States Department of Labor’s Office of Federal Contract Compliance Program (“OFCCP”) announced a final rule implementing President Obama’s Executive Order 13672 (“EO 13672”) which prohibits discrimination on the bases of sexual orientation and gender identity in the federal contracting workforce. EO 13672 does not directly impact employment considerations outside the federal contracting context. The OFCCP also updated its “Frequently Asked Questions” document concerning the changes implemented, as well as addressing employer exemptions under the new rule. The rule goes into effect 120 days after its publication in the Federal Register and applies to federal contracts entered into or modified on or after that date.

The OFCCP designed the new rule to address problems associated with employment discrimination on the basis of sexual orientation and gender identity and to ensure a fair and inclusive work environment in the context of Federal contractors. The OFCCP noted that contractor employees who face discrimination on the basis of sexual orientation or gender identity on the job may experience lower self-esteem, greater anxiety and conflict, less job satisfaction, receive less pay and have less opportunity for advancement. The OFCCP designed the new rule to address these issues.

The new rule implements EO 13672, by amending certain sections within Title 41 of the Code of Federal Regulations. The new rule requires contractors to incorporate new language into the equal opportunity clauses currently used in covered subcontracts and purchase orders. Additionally, the new rule requires contractors to notify job applicants and employees of their non-discrimination policy by posting specific notices, provided by OFCCP, in conspicuous places.

When soliciting for employees, the new rule requires federal contractors to expressly state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, “sexual orientation, gender identity,” or national origin. Contractors must also ensure that facilities provided for employees are not segregated by any of the covered basis which now includes sexual orientation and gender identity.

Although designed to safeguard against sexual orientation and gender identity discrimination, this rule does not require contractors to set goals for employing persons on the basis of sexual orientation or gender identify, collect and maintain statistics on applicants or employee on the basis of sexual orientation or gender identity, or conduct statistical analysis of applicants or employees on the basis of sexual orientation or gender identity.

Most importantly, the new rule makes no changes to the existing religious exemption allowing religiously affiliated contractors (religious corporations, associations, educational institutions, or societies) to favor individuals of a particular religion when making certain employment decisions.

Until its publication in the Federal Register, non-exempt employers should prepare for the new rule and its changes by updating its current contracts and purchase orders to include the necessary language; update job applications and job postings to comply with the new rule; and watch for the notice posting issued by OFCCP to publish in the workplace.

Related Attorneys

  • Tammye Campbell Brown
  • Stephen J. Carmody
  • Christopher R. Fontan
  • Claire W. Ketner
  • Lauren O. Lawhorn
  • Scott F. Singley

NLRB Issues Final Rule Altering Union Election Process

December 15, 2014 by Brunini Law

On December 12, 2014, a divided National Labor Relations Board issued and adopted a final rule amending its representation–case procedures—which drastically speeds up the union election process.  The rule will be published in the Federal Register on December 15, and will take effect on April 14, 2015.

The new rule requires businesses to postpone virtually all litigation over eligibility issues until after workers vote on whether to join the union.  The regulation also eliminates a previously-required 25-day period between the time an election is ordered and the election itself, and it requires employers to furnish union organizers with all available personal email addresses and phone numbers of workers eligible to vote in a union election.  (The NLRB’s Purple Communications’ decision handed down on December 11, 2014 essentially prohibited employers from denying union organizers access to company email.) The rule also, for the first time, allows for the electronic filing and transmission of union election petitions.

NLRB Board Chairman Mark Gaston and Members Kent Y. Hirozawa and Nancy Schiffer approved the final rule.  Board Members Philip A. Miscimarra and Harry I. Johnson III dissented.  The rule includes detailed explanations regarding the rule’s impact on current procedures and the views of the majority and dissenting members.  The regulatory shift represents a clear victory for a labor movement that has often felt taken for granted by the Obama administration, while a legal challenge from business groups is all but certain.

http://www.nlrb.gov/news-outreach/news-story/nlrb-issues-final-rule-modernize-representation-case-procedures

Related Attorneys

  • Tammye Campbell Brown
  • Stephen J. Carmody
  • Christopher R. Fontan
  • Claire W. Ketner
  • Lauren O. Lawhorn
  • Scott F. Singley

Mississippi Commission on Environmental Quality Summary of Meeting Held November 20, 2014

December 1, 2014 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on November 20, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Chat Phillips chaired the meeting attended by all members.  The Commission approved minutes from the previous meeting held on September 25, 2014.

Following a prepared agenda, items considered were as follows:

COMMISSION APPROVAL OF BROWNFIELD CONSULTING FIRM

Trey Hess of MDEQ staff recommended approval of the following firm for listing as a Brownfield Consulting Firm:  Goodwyn, Mills and Cawood, Inc.  The Commission unanimously approved the staff recommendation.

FY 2016 TITLE V FEE RECOMMENDATION

Jerry Beasley of MDEQ presented the Title V Air Advisory Council’s recommendation for the Title V fee for FY 2016.  The Council’s recommendation is to set the fee at $41 per ton of emissions—this is unchanged from the previous year.  Mr. Beasley requested the Commission’s permission to proceed with the public notice period for the proposed FY 2016 Title V fee.  The Commission unanimously approved this request.

ADOPTION OF A REVISION TO THE STATE IMPLEMENTATION PLAN AND “REGULATIONS FOR AMBIENT AIR QUALITY NONATTAINMENT AREAS,” 11 MS ADIMINSTRATIVE CODE, PART 2, CHAPTER 11

Mr. Beasley discussed the proposed revision to the State Implementation Plan for the Control of Air Pollution (SIP Revision).  The SIP Revision includes new regulations for implementing requirements for areas non-attainment areas under the National Ambient Air Quality Standards and an emissions inventory for DeSoto County.  The Department held a public hearing on the subject amendments on October 2, 2014.  The only comments received were minor comments submitted by EPA.  The Commission unanimously approved the SIP Revision as presented by MDEQ Staff.

Gary Rikard noted that based on recent monitoring results, DeSoto County may be re-designated as attaining.  However, if EPA lowers the allowable pollutant levels, DeSoto County may remain a non-attainment area.

ADOPTION OF AMMENDMENTS TO “AIR EMISSION REGULATIONS FOR THE PREVENTION, ABATEMENT, AND CONTROL OF AIR CONTAMINANTS,” 11 MISSISSIPPI ADMINISTRATIVE CODE, PART 2, CHAPTER 1

Mr. Beasley discussed the proposed amendments to the subject air pollution control regulations.  The proposed amendments include the following items:  (1) changes to the open burning provisions allowing MDEQ to delegate the burning of residential yard waste to local governments; (2) creation of “Air Quality Action Days” in which MDEQ may prohibit burning of yard wastes and other types of proscribed burning that is normally allowed; (3) recent amendments to federal regulations for New Source Performance Standards for Hazardous Air Pollutants; and (4) recent changes to the Federal Consolidated Air Rule.

The Commission unanimously approved the proposed amendments to 11 Mississippi Administrative Code, Part 2, Chapter 1 as presented by MDEQ Staff.

CERTIFICATIONS APPROVED

  • Asbestos:                                          223 certifications
  • Lead Paint:                                          83 certifications
  • Underground Storage Tanks:            5 certifications
  • Wastewater Operator:                     113 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

Fourteen (14) emergency clean-up expenditures occurred since the last report.

ADMINISTRATIVE ORDERS APPROVED

Eighteen (18) administrative orders were issued by the Executive Director and approved by the Commission since the last report.  These include the following matters:

Program Area Number of Orders Penalty Range
NPDES 5 $0 – $7,500
Large Construction Stormwater 1 $25,000
Asbestos Removal 1 $3,500
Gravel Mining 2 $3,500 – $18,000
Hazardous Waste 3 $6,200 – $101,382
Underground Storage Tanks 2 $5,000
Solid Waste 1 $4,000

An order accepts Kansas City Southern Railroad Vicksburg, MS for participation in the Uncontrolled Site Voluntary Evaluation Program.

An order confirms the adoption of the Water Pollution Control Revolving Fund Program Final FY 2014 Intended Use Plan Amendment I.

The next Commission meeting is scheduled for January 22, 2015.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

If you have any questions concerning the matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.

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.

Related Attorneys

  • R. Richard Cirilli, Jr.
  • John E. Milner
  • Gene Wasson
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