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/
Asbestos: 277 certifications
Lead Paint: 123 certifications
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.
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.
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.
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