The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on February 23, 2017, at the offices of the Mississippi Department of Environmental Quality in Jackson. The Commission approved minutes from the previous meeting held on November 10, 2016. Following a prepared agenda, items considered were as follows:
FY2018 Title V Fee Recommendation
Staff reported that a Public Hearing concerning the FY2018 Title V Permit Fee was held on December 21, 2016. No comments were received. The staff recommended and Commission approved to set the fee at $47.00 per ton of regulated air pollutants with a minimum fee of $250.00, which is the same as the previous year’s fee.
Mississippi State Oil and Gas Board Rule 68- Commission’s Consideration of Approval of Amendments and Revisions to Statewide Rule 68
Roy Furrh, MDEQ Legal Counsel, presented this matter before the Commission, stating that the Oil and Gas Board approved amendments and revisions to its Statewide Rule 68 on November 16, 2016, related to Disposal of Naturally Occurring Radioactive Materials Associated with the Exploration and Production of Oil and Gas as discussed in the December 20, 2016, correspondence from the Oil and Gas Board. By statute and through case law, the amendments and revisions to the Rule 68 Disposal regulations must be approved by the Commission. Staff has previously briefed the Commission on this matter. The staff of the Oil and Gas Board has coordinated with staff of MDEQ on the amendments and revisions to Rule 68. Per MDEQ Staff recommendation, the Commission approved the amendments and revisions to Oil and Gas Board Rule 68.
Commission Designated Hearing Officer
Commission approved Doug Levanway, to serve as a hearing officer in future Commission evidentiary hearings, pursuant to Miss. Code Ann. Sections 49-17-31 and 49-17-33.
Commission Approval of Brownfield Consulting Firms
Staff recommended, and the Commission approved, Tioga Environmental Consultants, Inc., of Memphis, Tennessee, as a Brownfield Consulting Firm.
Commission Approval of Environmental Covenant – Accelerated Companies, LLC Facility – Laurel, MS
Note – This agenda item was for reporting purposes only. Pursuant to the Commission’s delegation regulations (11 Miss. Admin. Code Pt. 1, R.1.1.Y.), the Executive Director of MDEQ approved the Environmental Covenant between the Commission and Accelerated Companies, LLC, regarding the remediation of property located at 3625 Industrial Boulevard, Laurel, MS. The accompanying Restrictive Use Agreed Order was also approved by the Executive Director. Environmental Site Assessments revealed a release of Diesel Range Petroleum compounds impacting shallow soils beneath the footprint of the building on-site and a release of Cadmium impacting groundwater in one shallow well at concentrations in excess of Target Remediation Goals. Therefore, remediation of the site is necessary. The staff of the MDEQ evaluated the proposed Environmental Covenant and believes that, with the conditions and restrictions contained within, the site will be in compliance with applicable state laws and standards and will be protective of the public health and the environment.
CERTIFICATIONS APPROVED
Asbestos: 336 certifications
Lead Paint: 104 certifications
Underground Storage Tanks: 17 certifications
EMERGENCY CLEAN-UP EXPENSES
There were 15 emergency expenditures since the last report.
ADMINISTRATIVE ORDERS APPROVED
Twenty (20) Administrative Orders and three (3) Amended Agreed Orders were issued by the Executive Director and approved by the Commission since the last report.
OTHER BUSINESS
Mr. Gary Rikard, Executive Director of the MDEQ updated the Commission on the status of MDEQ budget discussions before the Legislature.