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Mississippi Environmental Quality Permit Board Summary of Meeting Held April 10, 2018

April 12, 2018 by Brunini Law

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

Air Division

Amendments to 11 Miss. Admin. Code, Part 1, Chanter 5.

MDEQ Staff recommended and the Permit Board approved the adoption of the proposed amendments to the Permit Board’s administrative procedure regulations, 11 Mississippi Administrative Code, Part 1, Chapter 5. The amendments directly align requirements of the Mississippi Environmental Permit Board’s makeup with requirements of the Federal Clean Air Act. This action, in conjunction with actions by the Mississippi Commission on Environmental Quality, will allow EPA to remedy partial-disapprovals of recent state plan submittals to address requirements for the National Ambient Air Quality Standards under the Clean Air Act. A public hearing was held on March 5, 2018 after a 30-day public comment period. No verbal comments were received at the public hearing. Written comments were received and have been provided to the Permit Board for their consideration.

Water I Branch

Le Poultry, Pike County – Issuance of Coverage under the DLPAFA General Permit (MSG201968) and Issuance of Storm Water Coverage (MSR17600).

MDEQ Staff presented to the Board and recommended approval of the above-referenced Applications. The Applicant proposes 8 poultry houses and construction activity on 9 acres of disturbed land during construction. Staff stated that upon notification of the contiguous land owners by the Applicant, 13 letters and one petition with 237 signatures in opposition were received. Numerous members of the community were present at the meeting and voiced their opposition. A motion was made by the Board and seconded to delay consideration of the Application until the next scheduled meeting of the Board.

OFFICE OF GEOLOGY

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

Surface Mining Bond Releases

Permittee	County	Permit	Staff Recommendation
Hammett Gravel Company, Inc.	Warren	P13-006ATA	Initial 10%
Joe McGee Construction Company, Inc.	DeSoto	P13-003	Initial 50%
Mississippi Gravel Sales, Inc.	Monroe	P08-001A	Final 30%

Surface Mining Permit to Transfer

Permittee	County	Permit
D. W. Lamey Fill and Trucking, Inc., requests Permit PO4-006AA be transferred to DeSoto Services, LLC	Harrison	PO4-006AAT
L. D. Hancock Family, LLC., requests P94-136T be transferred to James A. Hodges Construction, Inc.	Lee	P94-136T1

OTHER BUSINESS:

Mr. Roy Furrh, MDEQ Legal Counsel reported that the 2016 Solid Waste Status Report is now available and asked the Board members to review it.

The next Permit Board meeting will be held on May 8, 2018, at 9 a.m.

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

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

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

March 15, 2018 by Brunini Law

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on March 13, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. Dennis Riecke chaired the meeting.

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

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

No items on the Agenda

OFFICE OF GEOLOGY

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

Surface Mining Bond Releases

Permittee	County	Permit	Staff Recommendation
Joe McGee Construction Co., Inc.	Madison	P11-018A	Additional 10%

Surface Mining Permit Reduction in Acreage

Permittee	County	Permit
Green Brothers Gravel Company, Inc.	Copiah	P08-015AA

Surface Mining Permit to Rescind

Permittee	County	Permit
Huey P. Stockstill, LLC	Hancock	P97-046T1
Dickerson and Bowen, Inc.	Amite	P94-046

Surface Mining Permit Name Change

Permittee	County	Permit
J. Levens Builders, Inc., name change to JLB Contractors, LLC	Harrison	P06-025TA

Surface Mining Permit to Transfer

Permittee

County

Permit

D.W. Laney Fill and Trucking, Inc., Transferred to DeSoto Services, LLC

Harrison

P89-022

P93-052

P04-022AA

OTHER BUSINESS:

Becky Nester from MDEQ’s Permit Division presented an overview of MDEQ’s Poultry Farm Permit Application Review Process wherein she described the responsibilities of MDEQ; the Application review, requirements and inspection process. Tim Aultman, Chief of the Compliance and Enforcement Division of MDEQ’s Office of Pollution Control discussed compliance issues. Dr. Jim Watson, State Veterinarian – Mississippi Board of Animal Health discussed carcass disposal and composting. Rogerick Thompson, State Resource Conservationist – Natural Resources Conservation Services discussed the nutrient management plan. This presentation was for informational purposes only. If you would like to obtain copies of materials provided to the Permit Board concerning this topic, please contact John Milner at jmilner@brunini.com.

Mr. Roy Furrh, MDEQ Legal Counsel reminded the Permit Board members that they need to complete their annual compliance forms and statement of economic interest forms.

The next Permit Board meeting will be held on April 10, 2018, at 9 a.m.

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Mississippi Commission on Environmental Quality Summary of Meeting Held February 22, 2018

February 28, 2018 by Brunini Law

The Mississippi Commission on Environmental Quality convened at 9:00 a.m., on February 22, 2018, at the offices of the Mississippi Department of Environmental Quality in Jackson. The Commission approved minutes from the previous meeting held on November 17, 2017. Following a prepared agenda, items considered were as follows:

Commission Approval of Brownfield Agreement Modification

On June 23, 2016, the Commission issued a Brownfield Agreement (#6662-16) with Hernando Town Properties, LLC for the remediation of the Reliable Equipment facility in Hernando, Mississippi. Reliable Equipment facility is contaminated with Total Petroleum Hydrocarbons – Gasoline and Diesel Range Organics in the groundwater and soils at levels in excess of the Target Remediation Goals (TRGs). Therefore, remediation of the Brownfield Agreement Site was determined to be necessary. The initial Brownfield Agreement included the planned demolition and removal of the building. The Brownfield Agreement Modification requests the building remain and be renovated and reused. The Staff of the MCEQ has evaluated the Brownfield Agreement and believes that, with the conditions and restrictions contained within the Brownfield Agreement, the Site will be in compliance with applicable State and Federal laws and standards and will be protective of the public health and the environment. Based on Staff’s recommendation, the Commission approved the Modification.

FY 2019 Title V Fee Recommendation – Approval to Proceed to Public Notice of Hearing

A copy of the draft report containing the Title V Advisory Council’s Title V fee recommendation for the upcoming fee year has been forwarded to the Commission. 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 participation process is completed, Staff will bring the fee recommendation back before the Commission for final action. Based on Staff’s recommendation, the Commission approved to proceed to the Public Notice of Hearing.

Commission Briefing on Proposed amendments to 11 Miss. Admin. Code, Part 2, Chapter 1 with an associated Revision to the State Implementation Plan for Control of Air Pollution

NOTE – This agenda item was for reporting purposes only. MDEQ Staff provided information on a public notice for comment on proposed amendments to the Commission’s regulations, 11 Mississippi Administrative Code, Part 2, Chapter 1 and an associated Revision to the State Implementation Plan for Control of Air Pollution (SIP Revision). The proposed amendments and SIP Revision will incorporate amendments of the Mississippi Environmental Quality Permit Board’s administrative regulations to directly align requirements of the Permit Board’s makeup with requirements of the Federal Clean Air Act. This action will allow EPA to remedy partial-disapprovals of recent state plan submittals to address requirements for the National Ambient Air Quality Standards under the Clean Air Act. The 30-day public comment period began February 2, 2018, and will conclude with a public hearing to be held on March 5, 2018. Following the conclusion of the public participation process, Staff intends to bring the proposed amendments and SIP Revision to the Commission for approval at the March 22, 2018 meeting.

Commission Briefing on Oil Spill Restoration

NOTE – This agenda item was for reporting purposes only. Chris Wells briefed the Commission on the Status of the Oil Spill Restoration. The presentation included an outline of the funding summary; project totals by program; Natural Resource Damage Assessment (“NRDA”) overview; National Fish & Wildlife Federation (“NFWF”) funding; and the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act (RESTORE Act) funding. Additional information can be found on the following link: https://www.mdeq.ms.gov/restoration/

CERTIFICATIONS APPROVED

Asbestos: 277 certifications

Lead Paint: 123 certifications

Underground

Storage Tanks: 24 certifications

EMERGENCY CLEAN-UP EXPENSES

There were 40 emergency expenditures since the last report.

ADMINISTRATIVE ORDERS APPROVED

Twenty-three (23) 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 noted pending litigation issues and the Commission entered into an Executive Session to discuss same. After a Recess, Closed Session and Executive Session, the meeting was adjourned.

The next Commission meeting is proposed to be on March 22, 2018, at 9 a.m.

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U.S. Court of Appeals Reverses Course Concerning Title VII Protection of LGBTQ+ Rights

February 27, 2018 by Christopher R. Fontan

On Monday, February 26, 2018, the U.S. Second Circuit Court of Appeals issued a landmark ruling in holding that workplace discrimination premised on an employee’s sexual orientation is covered by Title VII’s express prohibition against gender-based discrimination. In so doing, the Second Circuit reversed its own precedent established less than one year ago, and in doing so, offered further judicial support for the protections of the LGBTQ+ community.

In a divided, en banc opinion, the Second Circuit decided the case of Zarda v. Altitude Express. In its decision, the Court revived a sex bias claim brought by Donald Zarda, a Long Island, New York sky-diving instructor who claimed that his employer, Altitude Express, had terminated his employment based on his sexual orientation. In its decision, the Second Circuit held that it saw “no principled basis for recognizing a violation of Title VII for associational discrimination based on race, but not on sex.” With its ruling, the case was sent back to the trial court for further proceedings.

The federal lawsuit was brought on Mr. Zarda’s behalf, and against his former employer, by the U.S. Equal Employment Opportunity Commission (EEOC). Interestingly, during the appeal, the U.S. Department of Justice filed an amicus brief in opposition to Zarda and the EEOC. In its briefing, the Justice Department stated that “[t]he sole question here is whether, as a matter of law, Title VII reaches sexual orientation discrimination. . . . . It does not, as has been settled for decades. Any efforts to amend Title VII’s scope should be directed to Congress rather than the courts.” Additionally, the Justice Department noted that the EEOC was “not speaking for the United States.”

For years, LGBTQ+ employees could only advance claims of workplace discrimination under a theory of “sex stereotyping” discrimination—that is, discrimination based on an employee’s failure to confirm to an employer’s perceived gender roles. In July 2015, the U.S. Equal Employment Opportunity Commission (EEOC) issued its first administrative ruling declaring that Title VII’s use of the word “sex” meant both gender and sexual orientation. However, no federal court immediately adopted or mirrored the EEOC’s guidance.

In fact, the Second Circuit expressly rejected the EEOC’s guidance just last year when it decided the case of Christiansen v. Omnicom Group, Inc. There, the Second Circuit ruled that employees did possess viable Title VII claims based on the theory of “sex stereotyping.” However, the Court also expressly stated that Title VII’s definition of “sex” did not cover a person’s sexual orientation—a decision that tracked the historical rulings of other U.S. courts, in holding that the term “sex” within Title VII refers only to a person’s gender—meaning that discrimination had to be premised on whether a worker is male or female.

Then, only nine days after the Christensen ruling, on April 4, 2017, the U.S. Seventh Circuit Court of Appeals became the first federal appellate court to rule that Title VII does extend workplace protections on the basis of their sexual orientation. In deciding the case of Hively v. Ivy Tech, the Seventh Circuit opted to expand the definition of “sex” under Title VII to include an individual’s “sexual orientation.” With its ruling in Zarda, the Second Circuit is now aligned with both the EEOC and Seventh Circuit, thus ruling that Title VII effectively presents two avenues of recovery for individuals asserting claims on the basis of their sexual orientation.

The Second Circuit’s majority ruling Zarda was written by the Court’s Chief Judge, Robert A. Katzmann. He was joined, either in whole or in part, by nine other judges on the court. The three remaining judges dissented. In addition to Judge Katzmann’s decision, seven judges wrote separate opinions, concurring and dissenting.

Either the Justice Department or Altitude Express could seek review of the decision before the United States Supreme Court. Neither party had any immediate comment on the ruling. In December 2017, the U.S. Supreme Court passed on an initial opportunity to weigh-in on the issue when it declined to hear an appeal from the Eleventh Circuit Court of Appeals, in which that Court held that Title VII did not extend to sexual orientation.

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

February 21, 2018 by Paul Johnston

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on February 13, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. Dennis Riecke 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

Waste Division/Underground Injection Control (UIC) Program:

The Board approved the Issuance of Underground Injection Control Permit for Nonhazardous Class I Well (MSI1010) for Injection Disposal Services, LLC of Jackson, MS in Amite County. The required public notices were sent out and no letters of complaint were received. Eight (8) people asked questions during the public meeting and MDEQ issued a response document clarifying points in question. No one appeared at the Permit Board meeting in opposition. Various Board members asked questions about the proposed application which were answered by Mark Williams (Chief MDEQ Solid Waste Division) and by representatives of the Applicant. Because the application is complete, and all requirements met, MDEQ staff recommended issuance of the Permit.

Air Division: Proposed amendments to 11 Miss. Admin. Code, Part 1, Chapter 5. (For information. No action needed)

Chad LaFontaine (MDEQ Office of Pollution Control Air Division) provided information on a public notice for comment on proposed amendments to the Permit Board’s administrative procedure regulations, 11 Mississippi Administrative Code, Part 1, Chapter 5. The proposed amendments directly align requirements of the Mississippi Environmental Permit Board’s makeup with requirements of the Federal Clean Air Act. This action, in conjunction with actions by the Mississippi Commission on Environmental Quality, will allow EPA to remedy partial-disapprovals of recent state plan submittals to address requirements for the National Ambient Air Quality Standards under the Clean Air Act. The 30-day public comment period began February 2, 2018, and will conclude with a public hearing to be held on March 5, 2018. Following the conclusion of the public participation process, staff intends to bring the proposed amendments to the Permit Board for approval at the March 13, 2018 meeting.

OFFICE OF GEOLOGY

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

Surface Mining Bond Releases

Permittee	County	Permit	Staff Recommendation
Dickerson and Bowen, Inc.	Amite	P94-046	No release
Joe McGee Construction Co., Inc.	Rankin	P14-021	Initial 90%
Joe McGee Construction Co., Inc.	Rankin	P15-001	Initial 90%
Kentucky-Tennessee Clay Company	Panola	P89-023T1	Final 40%
Kentucky-Tennessee Clay Company	Panola	P94-134T2	Final 10%
Kentucky-Tennessee Clay Company	Panola	P01-011	Final 30%

Surface Coal Mining Renewal MLMC MS-002 Renewal 3

Permittee	County	Permit
Mississippi Lignite Milling Company	Ackerman	MS-002

Surface Mining Permit Modification Reducing Acreage

Permittee	County	Permit
Baldwin Sand and Gravel (The new permit number will be P12-019A	Panola	P12-019

OTHER BUSINESS:

James Matheny presented an overview of MDEQ’s surface mining permit application review process wherein he described the responsibilities of MDEQ; the Application review, requirements and inspection process. This presentation was for informational purposes only.

Mr. Roy Furrh, MDEQ Legal Counsel reminded the Permit Board members that they need to complete their annual compliance forms and statement of economic interest forms.

The next Permit Board meeting will be held on March 13, 2018, at 9 a.m.

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2018 Bank Planning Conference for Executive Leadership

February 16, 2018 by Brunini Law

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Mississippi Environmental Quality Permit Board Summary of Meeting Held January 9, 2018

January 11, 2018 by Paul Johnston

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on January 9, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. Dennis Riecke 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

Air II Branch

The Board approved the Issuance of Coverage under Multimedia Hot Mix Asphalt Facility General Permit (MSR700108) for WG Construction Company, Inc., Brewer Plant in Lee County. The Applicant notified the contiguous land-owners and public notice was posted in the local paper and public library. One letter of objection from a contiguous land owner was received citing stormwater worries and also stating that the facility should be located in a less-populated area. MDEQ staff performed an inspection and no violations were found. The individual who submitted the letter of objection did not attend the Permit Board 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
Dickerson and Bowen, Inc.	Rankin	P00-005	Final 30%
TCB Construction Company, Inc.	Harrison	P03-046	No Release

Surface Mining Transfer of Permits

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

Permittee	County	Permit
Birdsong Construction Company, Inc., requests that P14-018A be transferred to Ultra Mulberry Farms, LLC	Madison	P14-018AT

Surface Mining Permit to Rescind

In accordance with MDEQ staff recommendations, the Board approved the following rescission:

Permittee	County	Permit
C&G Land Company, LLC	Hancock	P96-064A

OTHER BUSINESS:

Roy Furrh, MDEQ Legal Counsel, stated that there will be educational presentations to provide background information regarding permitting for poultry farms and salt water disposal during either the February or March Permit Board meeting. Notice will be provided in the Agenda.

The next Permit Board meeting will be held on February 13, 2018, at 9 a.m.

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Mississippi Environmental Quality Permit Board Summary of Meeting Held December 12, 2017

December 15, 2017 by Brunini Law

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

Mining/Solid Waste/Water II Branch

The Board approved Reissuance of Pretreatment Permit (MSP092273) for TransAmerican Waste Central Landfill, Inc., Central Landfill Facility in Pearl River County. No changes are being made to the existing permit. No attendees were present in the public hearing; no letters were submitted in opposition before the end of the comment period, and 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
Ellis Construction Company, Inc.	Lowndes	P91-007	Final 10%
Ellis Construction Company, Inc.	Lowndes	P06-016	Final 10%
Eutaw Construction Company, Inc.	Monroe	P13-012	Final 40%
Ellis Construction Company, Inc.	Lowndes	P01-025	Final 10%
Ellis Construction Company, Inc.	Lowndes	P93-117	Final 10%
Tanner Construction Company, Inc.	Perry	P08-019A	Initial 25%
Tanner Construction Company, Inc.	DeSoto	P13-021T	Initial 10%
Tanner Construction Company, Inc.	DeSoto	P17-009	No Release
Walters Development, LLC	Jones	P07-030	No Release
Krystal Gravel, Inc.	Copiah	P92-107	No Release
Krystal Gravel, Inc.	Copiah	P94-103	Initial 90%
Krystal Gravel, Inc.	Copiah	P16-015	Additional 10%
Krystal Gravel, Inc.	Copiah	P16-032	Initial 10%
T. L. Wallace Construction, Inc.	Jones	P92-083	Final 50%
T. L. Wallace Construction, Inc.	Attala	P11-030	Initial 90%
T. L. Wallace Construction, Inc.	Lincoln	P12-010	Initial 10%
T. L. Wallace Construction, Inc.	George	P11-019	Initial 90%
Walters Development, LLC	Jones	P09-015	Additional 10%
Krystal Gravel, Inc.	Copiah	P10-027	Initial 10%
Krystal Gravel, Inc.	Copiah	P79-002T2	Initial 90%

Surface Mining Transfer of Permits

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

Permittee	County	Permit
Walters Development, LLC is transferring to Vossburg South LLC	Clarke	P08-028T
Krystal Gravel, Inc., is transferring to 42, LLC	Copiah	P07-007

Surface Mining Change of Ownership Name

In accordance with MDEQ staff recommendations, the Board approved the following change of ownership name:

Permittee	County	Permit
Preston Dobbs Truck Service is transferring to Preston Dobbs Trucking and Gravel Sales LLC	Monroe	P02-049A P10-010 P15-016A P16-011

OTHER BUSINESS:

The next Permit Board meeting will be held on January 9, 2018, at 9 a.m.

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Mississippi Commission on Environmental Quality Summary of Meeting Held November 17, 2017

November 21, 2017 by Brunini Law

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.

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Mississippi Environmental Quality Permit Board Summary of Meeting Held November 14, 2017

November 14, 2017 by Brunini Law

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.