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 14th, 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.