Prepared By Brunini, Grantham, Grower & Hewes, PLLC
The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on February 28, at the offices of the Mississippi Department of Environmental Quality in Jackson. Martha Dalrymple chaired the meeting attended by all Commission members. Minutes from the last meeting held in November 2012 were approved. Following a prepared agenda, items considered were as follows:
WASTE TIRE INCENTIVE RECYCLING GRANT
PolyVulc USA Inc. located in Vicksburg, Mississippi submitted a waste tire incentive recycling grant in the amount of $264,950. The company proposes to use this grant to assist in acquiring a new, large mechanical shredder to expand and enhance the company’s waste tire recycling capabilities. This new equipment would enable PolyVulc to increase current waste tire rubber and metal recovery by as much as 15%, reducing the amount of waste materials being sent to a landfill. The MDEQ staff informed the Commission that this grant will enhance recycling of tires in Mississippi. Per MDEQ staff recommendation, the Commission voted to approve the grant to PolyVulc.
BROWNFIELD CONSULTING FIRMS
The Commission approved the following firms as Brownfield Consulting Firms:
126 E. Amite Street
Jackson, Mississippi 39201
SOL Engineering Services, LLC
106 S. President Street, 4th Floor
Jackson, MS 39201-2603
FY-2014 TITLE V FEE
On January 17, 2013, MDEQ staff held a public hearing regarding the recommendation for the adoption of Title V fees of $36/ton for FY-2014. No comments were received during the public comment period. Consequently, the Commission voted to approve the adoption of this fee.
WATER POLLUTION CONTROL (CLEAN WATER) REVOLVING FUND LOAN PROGRAM, ADOPTION OF FY-2013 INTENDED USE PLAN
The FY-2013 Intended Use Plan identifies the loan funds available to communities in Mississippi for the construction of wastewater infrastructure, the communities to receive these loan funds, the loan interest rate, program deadlines and other related information. The Intended Use Plan also reflects the implementation of the remaining subsidy funding made available to “green” and “small/low income community” projects with funds provided under recent years’ Federal Appropriations Acts. The MDEQ staff reported to the Commission that no comments were received during the public comment period or from EPA Region IV. The Commission voted to approve the FY-2013 Intended Use Plan.
RENUMBERED AND REFORMATTED COMMISSION AND PERMIT BOARD REGULATIONS WITH STATUTORY AUTHORITIES PURSUANT TO THE ADMINSTRATIVE PROCEDURES ACT
The amended Administrative Procedures Act (APA) requires a statewide administrative code and designates the Secretary of State’s (SOS) office as the official registrar for rules of all state agencies and the publisher of the Mississippi Administrative Bulletin and the Mississippi Administrative Code. The APA amendments specifically require uniform formatting and numbering of all state agency regulations, including the regulations of the Commission and the Mississippi Environmental Quality Permit Board (Permit Board). The APA amendments further require citation to statutory authorities for the regulations. In order to comply with the amended APA, the MDEQ staff is adjusting all of the regulations of the Commission and the Permit Board to be consistent with the SOS’s requirements. Changes to the regulations are not substantive and do not affect content; rather, the changes simply reflect the newly required formatting and numbering and provide recitation of statutory authorities for the regulations. MDEQ staff plans to proceed to public notice regarding the changes to the regulations in early to mid-March 2013. MDEQ staff plans to present the changes to the Commission for consideration at its meeting on May 23, 2013. MDEQ staff plans to present the changes to the Permit Board at its meeting on May 14. The changes will be proposed to be effective on July 1, 2013. The renumbered regulations will be available for public review in early March.
MISSISSIPPI PHOSPHATES FACILITY
At the November meeting, the Commission requested that the MDEQ staff provide more information regarding enforcement and compliance issues for the Mississippi Phosphates facility, which was assessed a penalty in the amount of $297,000 in Agreed Order (AO) No. 5291 11. MDEQ staff reported that pursuant to the AO, the facility continues to work cooperatively with MDEQ to resolve all outstanding compliance issues. EPA Region IV is currently reviewing the facility’s RCRA permit. The Commission appreciated the update and requested that MDEQ staff continue to provide updates as appropriate.
NUTRIENT WATER QUALITY CRITERIA
Kim Caviness with MDEQ reported to the Commission that MDEQ has been actively working to develop numeric nutrient criteria that are appropriate and protective for Mississippi’s surface waters. Caviness stated that MDEQ started the in-depth technical work to develop numeric nutrient criteria in 2010. A technical advisory group (TAG) has been working to provide MDEQ with regional knowledge and scientific information to develop scientifically defendable criteria. Three stakeholder meetings have been held and a fourth meeting is scheduled for March 20 in Hattiesburg, Mississippi. Caviness informed the Commission that MDEQ is considering all comments received from stakeholders as MDEQ works to develop these nutrient water quality criteria and implementation plans. Based on the timeline agreed upon with EPA Region IV, MDEQ plans to release draft criteria no earlier than June 30, 2013, excluding the Delta. Draft criteria for the Delta should be released no earlier than November 30, 2014.
Asbestos: 316 asbestos certifications
Lead Paint: 78 lead paint certifications
Storage Tanks: 12 certifications
EMERGENCY CLEAN-UP EXPENSES APPROVED
The following fourteen (14) emergency clean-up expenditures occurred since the last report:
Complete Environmental & Remediation in the Percy Quinn State Park.
United States Environmental Services in the counties of:
Harrison, Pearl River, Jackson, DeSoto and Hancock.
ADMINISTRATIVE ORDERS APPROVED
Eighteen (18) administrative orders issued by the Executive Director and approved by the Commission included the following matters:
|Number of Orders||Penalty Range|
|Large Construction Storm Water||2||$7,500 to $37,000|
|NPDES||3||$2,000 to $3,750|
|Wastewater||2||$5,000 to $30,000|
|SWPPP||4||$5,000 to $63,184.48|
The remaining three (3) orders were not enforcement-oriented, but rather dealt with the approval of amendments, Brownfield agreements and other routine administrative matters.
The next Commission meeting is scheduled for March 28, 2013.
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.
IRS Circular 230 Notice
To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.