The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on November 10, 2016, at the offices of the Mississippi Department of Environmental Quality in Jackson. The Commission approved minutes from the previous meeting held on August 25, 2016. Following a prepared agenda, items considered were as follows:
Titan International, Inc. and The City of Natchez – Natchez, Adams County
Note – This agenda item was for informational purposes only.
Staff reported that, pursuant to the Commission’s delegation regulations, the Executive Director of MDEQ approved the Environmental Covenant between the Commission and the City of Natchez regarding the remediation of property located at 89 Kelly Street, Natchez, MS. The Restricted Use Agreed Order between the Commission, Titan International, Inc. and the City of Natchez was also approved by the Executive Director. Environmental Site Assessments have revealed a release of Trichloroethene and petroleum compounds impacting groundwater at concentrations in excess of Target Remediation Goals (TRGs). Therefore, remediation of the site is necessary. Staff evaluated the Environmental Covenant and Restricted Use Agreed Order and believes that, with the conditions and restrictions contained within, the site will comply with applicable State laws and standards and will be protective of the public health and the environment.
Commission Rescind Brownfield Agreement and Accompanying Environmental Covenant – Wal-Mart Real Estate Business Trust – Pascagoula, Jackson County
A motion to approve a postponement of this matter until the next commission meeting was made, seconded and approved unanimously.
Delegation of Commission’s Authority to Executive Director
Staff requested and the Commission delegated its authority, to apply for, receive, and expend any federal or state funds or contributions, gifts, devices, bequests, or funds from any other sources to the Executive Director.
Adoption of amendments to 11 Mississippi Administrative Code, Part 2, Chapter 1, “Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants” and a Revision to the Mississippi State Implementation Plan for the Control of Air Pollution
Staff recommended and the Commission approved amendments to 11 Miss. Admin. Code, Pt. 2, Ch. 1. These amendments involve:
- Amendments to Rule 1.10 and an associated Revision to the State Implementation Plan for Control of Air Pollution (SIP Revision) regarding startups, shutdowns, and/or malfunctions of air emissions equipment in order to comply with federal requirements of the U.S. Environmental Protection Agency. This action is a response to a USEPA SIP Call to address a Finding of Substantial Inadequacy with the existing SIP provisions for Upsets, Startups, and Shutdowns. The amendments and associated SIP Revision are intended to address state regulation inconsistencies with recent changes to USEPA policies for startup, shutdown, and malfunction events.
- Amendments to Rules 1.6.C. and 1.8.A to update the state adoption, by reference, of recent amendments to Federal New Source Performance Standards (NSPS) in 40 CFR Part 60, Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) in 40 CFR Parts 61 and 63, and Federal Consolidated Air Rules (CAR) in 40 CFR Part 65. This action will update the federal delegation to the state.
- Deletion of Rule 1.14, “Provisions for the Clean Air Interstate Rule” (CAIR) since the federal provisions referenced in Rule 1.14. have been revoked and are no longer in effect.
A public hearing was held on September 16, 2016 following a 30-day public comment period. Commenters requested additional time to submit comments and the comment period was extended until October 6, 2016. Several comments were received. A copy of the public hearing transcript including all comments submitted was provided to the Commission.
FY 2018 Title V Fee Recommendation -Approval to Proceed to Public Notice of Hearing
Staff provided the Commission a copy of the draft report containing the Title V Advisory Council’s Title V fee recommendation for the upcoming fee year. 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 hearing has been held, the public comment period has ended, and comments have been reviewed, staff will bring the fee recommendation back before the Commission for final action. Commission approved Staff’s request to proceed to Public Notice of Hearing.
Asbestos: 386 certifications
Lead Paint: 144 certifications
Underground Storage Tanks: 38 certifications
EMERGENCY CLEAN-UP EXPENSES
There were 20 emergency expenditures since the last report.
ADMINISTRATIVE ORDERS APPROVED
Twenty six (26) administrative orders were issued by the Executive Director and approved by the Commission since the last report.
Mr. Roy Furrh, MDEQ General Counsel, advised the Board that key employees at MDEQ had recently filed forms with the Department of Interior – Office of Surface Mining and Reclamation and that members of the Commission would also have to complete similar forms.