Prepared By Brunini, Grantham, Grower & Hewes, PLLC
The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.
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Meeting Summary
The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on August 27, 2015, at the offices of the Mississippi Department of Environmental Quality in Jackson. Chat Philips recognized W. J. Van Devender as the newly elected Commission Chair. Mr. Van Devender called the meeting to order. The Commission approved minutes from the previous meeting held on May 28, 2015.
Following a prepared agenda, items considered were as follows:
Adoption of a Revision to the State Implementation Plan (SIP) and Amendments to 11 Mississippi Administrative Code, Part 2, Chapter 11, “Regulations for Ambient Air Quality Nonattainment Areas”
The Commission approved the proposed SIP revisions and regulations amendments. The revisions correct a source applicability error in the regulations and add clarifying language regarding emission controls in nonattainment areas. MDEQ held a public hearing on July 2, 2015 concerning the proposed revisions and amendment. No comments were received.
Water Pollution Control Revolving Loan Fund (WPCRLF) Program, Conditional Adoption of FY-2015 Intended Use Plan
The Commission conditionally approved the FY-2015 Intended Use Plan (IUP) subject to completion of the required public notice period and public hearing and provided that any public commends are resolved without significant changes. The conditional approval stems from MDEQ’s obligation to finalize the FY-2015 IUP prior to September 30, 2015. Tony Caldwell of MDEQ staff stated that the draft IUP is currently at public notice, and a public hearing is scheduled for September 22, 2015.
The IUP identifies loan funds available to Mississippi communities for constructing wastewater infrastructure along with the loan interest rate, program deadlines, and other information. The FY-2015 IUP reflects new federal requirements with apply to loans issued in FY-2015 and after.
Commission Approval of Brownfield Obligation Transfer
The Commission approved the transfer of obligations in Brownfield Agreement #5958-11 from the City of Picayune and Stockstill Brothers Investments, LLC to Huey P. Stockstill, LLC. This agreement governs remediation of the Arizona Chemical Facility in Picayune. In accordance with Rule 2.1.5.C of Part 3, Chapter 2: Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi, the parties have jointly petitioned the Commission that Huey P. Stockstill, LLC has the financial, managerial, and technical resources to complete performance of the Agreement.
MDEQ 2017-2021 Strategic Plan
MDEQ has developed a Strategic Plan for Fiscal Years 2017-2021 as required by the Mississippi Performance Budget and Strategic Planning Act of 1994. MDEQ’s Strategic Plan includes a “clear and concise blueprint” along with performance measures for how the agency will protect human health and the environment over the next several years. A copy of the Plan was provided to each Commissioner.
Gary Rikard recognized Mr. Trey Hess as MDEQ’s leader in developing the Plan. Mr. Rikard requested that each Commissioner take the opportunity to read the Plan before approving it in a later meeting.
Hurricane Katrina Anniversary Presentation to the Commission
Richard Harrell and other MDEQ staff members delivered a presentation to the Commission commemorating the 10-year anniversary of Hurricane Katrina. At the start of the presentation, Mr. Harrell stated that Katrina caused $125 billion in damages to Mississippi in 2005. Presenters described MDEQ’s efforts to clean up these damages and assist with meeting basic needs for affected Mississippians while protecting the environment. Staff recalled efforts to dispose of massive amounts of solid waste, restore drinking water supplies, and restart wastewater treatment facilities in the days following Katrina. Presenters recognized the valiant efforts of MDEQ staff deployed to coastal counties along with those who remained in Jackson to carry out the core functions of MDEQ.
CERTIFICATIONS APPROVED
Asbestos: 364 certifications
Lead Paint: 131 certifications
Underground
Storage Tanks: 34 certifications
EMERGENCY CLEAN-UP EXPENSES APPROVED
Eight (8) emergency clean-up expenditures occurred since the last report.
ADMINISTRATIVE ORDERS APPROVED
There have been fifty (50) administrative orders were issued by the Executive Director and approved by the Commission since the last report. These include the following matters:
| Program Area | Number of Orders | Penalty Range |
| NPDES | 4 | $0 – $45,500 |
| Large Construction Stormwater | 2 | $5,000 – $10,000 |
| Air | 8 | $7,500 – $76,110 |
| Solid Waste | 1 | $3,000 |
| Ready Mix Concrete | 1 | $5,000 |
| Baseline Stormwater | 2 | $10,00 – $20,000 |
| UST | 4 | $500 – $5,000 |
| Water Well Drillers | 4 | $0 – $2,340 |
The Commission entered into an executive session to discuss pending litigation.
The next Commission meeting is scheduled for September 24, 2015.
This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes, PLLC, 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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