The Mississippi Commission on Environmental Quality convened at 9:00 a.m., on May 24, 2018, at the offices of the Mississippi Department of Environmental Quality in Jackson. The Commission approved minutes from the previous meeting held on February 22, 2018. Chairman Jack Winstead welcomed new Commissioner, Patrick L. Johnson, Jr. and announced the upcoming retirement of Deputy Director, Ms. Alice Perry. Following a prepared agenda, items considered were as follows:
FY2019 Title V Fee Recommendation
Staff member, Chad Lafontaine presented to the Commission, and the Commission approved the FYI 2019 Title V fee recommendation. A public hearing concerning the FY2019 Title V Permit Fee was held on April 5, 2018. No comments were received. The fee is set at the proposed rate of $47.00 per ton of regulated air pollutants with a minimum fee of $250 per year, which is the same as the previous year’s fee.
Amendments to 11 Miss. Admin. Code, Part 2, Chapter 1 and Revisions to the State Implementation Plan for Control of Air Pollution
Staff member, Chad Lafontaine also presented to the Commission, and the Commission approved amendments to the Commission’s air pollution control regulations, 11 Mississippi Administrative Code, Part 2, Chapter 1 (11-2-1) and Revisions to the State Implementation Plan for Control of Air Pollution (SIP Revisions). In order to comply with the requirements of Section 110(a)(2)(E)(ii) and Section 128(a)(1) & (2) of the Federal Clean Air Act regarding significant portion of income of a majority of state environmental board(s), the Mississippi Environmental Permit Board administrative regulation 11 Mississippi Administrative Code, Part 1, Chapter 5 (11-1-5) was amended and adopted by the Permit Board on April 11, 2018. To fully comply with the requirements of Section 110(a)(2)(E)(ii) and Section 128(a)(1) & (2) of the Federal Clean Air Act, MDEQ staff is recommending that the Commission adopt the following amendments and revisions:
- Amendments to 11-2-1, Rule 1.1 and the corresponding SIP revision. This action will directly align statutory requirements of the Commission and regulatory requirements of the Permit Board with requirements of the Federal Clean Air Act and will allow EPA to remedy partial-disapprovals of recent state plan submittals to address requirements for the National Ambient Air Quality Standards under the Clean Air Act;
- SIP Revision to incorporate amendments to 11-1-5, Rule 5.1. This action will directly align statutory requirements of the Commission and regulatory requirements of the Permit Board with requirements of the Federal Clean Air Act and will allow EPA to remedy partial-disapprovals of recent state plan submittals to address requirements for the National Ambient Air Quality Standards under the Clean Air Act;
- SIP Revision to incorporate amendments to Section 49-2-5, Mississippi Code Annotated that was effective July 1, 2016. This action will directly align statutory requirements of the Commission and regulatory requirements of the Permit Board with requirements of the Federal Clean Air Act and will allow EPA to remedy partial-disapprovals of recent state plan submittals to address requirements for the National Ambient Air Quality Standards under the Clean Air Act.
Additionally, MDEQ staff recommended adoption of amendments to 11-2-1 to update the state’s adoption-by-reference of federal New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, and the Consolidated Air Rule in order to maintain the state’s delegation of the aforementioned federal programs. No verbal comments were received during the public comment periods or the public hearing. Written comments were received and will be provided to the Commission for their consideration. Staff recommends that the Commission adopt the regulation amendments and the associated revisions to the SIP.
Commission Approval of Proposed Amendment to 11 Miss. Admin. Code Pt. 3, Ch. 1. Hazardous Waste Management Regulations to include the Federal Hazardous Waste Generator Improvements Rule
Staff member, Brad Justice presented to the Commission, and the Commission approved an amendment to the Hazardous Waste Management Regulations to include the Federal Hazardous Waste Generator Improvements Rule. The EPA published the Final Rule in the Federal Registrar on November 28, 2016 and it became effective on May 30, 2017. The Rule reorganizes the regulations governing hazardous waste generators making the regulations more user friendly, provides operational flexibility to hazardous waste generators, and clarifies and corrects technical issues. MDEQ held a public hearing on April 10, 2018 concerning the amendment to adopt the Hazardous Waste Generator Improvements Rule as promulgated by the U.S. EPA. There were no attendees to the public hearing and MDEQ received no comments on the proposed amendment during the 30 day public comment period. Therefore, MDEQ is recommending that the Commission adopt the amendment to 11 Miss. Admin. Code Pt. 3, Ch. 1. Hazardous Waste Management Regulations to include the Hazardous Waste Generator Improvement Rule. Adoption of this amendment maintains the consistency between the State Regulations and the Federal Hazardous Waste Regulations as required by 40 CFR 271.4.
Commission Approval of Proposed Amendments to Administrative Procedures Act Rules – 11 Miss. Admin. Code Pt. 7, Ch. 3 for Dam Safety
Staff member, Dusty Myers presented to the Commission, and the Commission the proposed amendments including 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. 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 included to ensure the regulations match current dam safety policies and procedures. The proposed amendments were made available for public comment in early November and a public hearing was held on December 5, 2017. All comments received have been addressed and minor revisions and clarifications were made to the draft regulations as a result.
Melton Properties, LLC, Caroline McComb Scheppe, and the Caroline McComb Scheppe Trust Number One Petition for an Evidentiary Hearing before the Mississippi Commission on Environmental Quality, filed on January 12, 2018, Related to the Train Derailment in Minter City
Roy Furrh, MDEQ Counsel recommended the Commission designate Steve Ray as the hearing officer to handle pre-hearing and hearing matters on behalf of the Commission pursuant to Miss. Code Ann. § 49-17-33 (Rev. 2012). After some discussion as to possible dates, the Commission approved Mr. Furrh’s recommendation to designate Steve Ray as the hearing officer and tentatively set November 14-15 as the date for the Evidentiary Hearing
CERTIFICATIONS APPROVED
Asbestos: 294 certifications
Lead Paint: 161 certifications
Underground
Storage Tanks: 64 certifications
Wastewater Operator
Certifications 116 certifications
EMERGENCY CLEAN-UP EXPENSES
There were 6 emergency expenditures since the last report.
ADMINISTRATIVE ORDERS APPROVED
Eighteen (18) Administrative Orders were issued by the Executive Director and approved by the Commission since the last report.
OTHER BUSINESS
No other business was discussed.
The next Commission meeting is proposed to be on June 28, 2018, at 9 a.m.
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.
If you have any questions concerning the content of a newsletter, or if you would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.