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 February 26, 2015, at the offices of the Mississippi Department of Environmental Quality in Jackson. The Commission approved minutes from the previous meeting held on November 20, 2014.
Following a prepared agenda, items considered were as follows:
FY 2016 TITLE V FEE RECOMMENDATION
A Public Hearing concerning the FY2016 Title V Air Permit Fee was held on January 15, 2015. No comments were received. Copies of the public hearing transcript have been provided. The staff will recommend that the Commission set the FY2016 Title V fee at $41.00 per ton of regulated air pollutants with a minimum fee of $250.00.
PILOT TRAVEL CENTERS LLC—MOSS POINT, JACKSON COUNTY—PRESENTATION OF EVIDENTIARY HEARNING RECORD AND RECOMMENDATION OF HEARNING OFFICER
Pilot Travel Centers LLC requested a formal evidentiary hearing after MDEQ staff determined that Pilot was not eligible for reimbursement for assessment and remediation costs from the Mississippi Groundwater Protection Trust Fund for releases that occurred in March 2013 and thereafter, at Pilot’s Underground Storage Tank site located at 6705 Highway 63 in Moss Point. On May 22, 2104, the Commission designated Ricky Luke, Assistant Attorney General, as the hearing officer to conduct the hearing to prepare a record for the Commission’s consideration. Hearing officer Luke conducted the evidentiary hearing on Sept. 11, 2014. Mr. Luke presented his findings of fact and his recommended decision for the Commission’s consideration.
CERTIFICATIONS APPROVED
Asbestos: 319 certifications
Lead Paint: 78 certifications
Underground Storage Tanks: 5 certifications
EMERGENCY CLEAN-UP EXPENSES APPROVED
Six (6) emergency clean-up expenditures occurred since the last report.
ADMINISTRATIVE ORDERS APPROVED
Twenty-five (25) 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 | 3 | $6,250 – $50,000 |
| Large Construction Stormwater | 3 | $5,000 – $23,000 |
| Asbestos Removal | 5 | $2,500 – $7,500 |
| Air | 3 | $19,000 – $37,500 |
| Hazardous Waste | 3 | $15,000 – $275,000 |
| Surface Water Withdrawal | 1 | $60,000 |
| Solid Waste | 1 | $4,000 |
An order confirms the adoption of the Commission Regulation 11 Mississippi Administrative Code, Part 2, Chapter 11 entitled “Regulations for Ambient Air Quality Nonattainment Areas” along with the associated Revision to the Mississippi State Implementation Plan for Control of Air Pollution (SIP Revision).
An order confirms the adoption of amendment to Commission Regulation 11 Mississippi Administrative Code, Part 1, Chapter 1 entitled “Air Emission Regulations for the Prevention, Abatement, and Control of Contaminants.”
The next Commission meeting is scheduled for March 26, 2015.
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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