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.
If you have any questions concerning the content of a newsletter it 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.
The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on November 20, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson. Chat Phillips chaired the meeting attended by all members. The Commission approved minutes from the previous meeting held on September 25, 2014.
Following a prepared agenda, items considered were as follows:
COMMISSION APPROVAL OF BROWNFIELD CONSULTING FIRM
Trey Hess of MDEQ staff recommended approval of the following firm for listing as a Brownfield Consulting Firm: Goodwyn, Mills and Cawood, Inc. The Commission unanimously approved the staff recommendation.
FY 2016 TITLE V FEE RECOMMENDATION
Jerry Beasley of MDEQ presented the Title V Air Advisory Council’s recommendation for the Title V fee for FY 2016. The Council’s recommendation is to set the fee at $41 per ton of emissions—this is unchanged from the previous year. Mr. Beasley requested the Commission’s permission to proceed with the public notice period for the proposed FY 2016 Title V fee. The Commission unanimously approved this request.
ADOPTION OF A REVISION TO THE STATE IMPLEMENTATION PLAN AND “REGULATIONS FOR AMBIENT AIR QUALITY NONATTAINMENT AREAS,” 11 MS ADIMINSTRATIVE CODE, PART 2, CHAPTER 11
Mr. Beasley discussed the proposed revision to the State Implementation Plan for the Control of Air Pollution (SIP Revision). The SIP Revision includes new regulations for implementing requirements for areas non-attainment areas under the National Ambient Air Quality Standards and an emissions inventory for DeSoto County. The Department held a public hearing on the subject amendments on October 2, 2014. The only comments received were minor comments submitted by EPA. The Commission unanimously approved the SIP Revision as presented by MDEQ Staff.
Gary Rikard noted that based on recent monitoring results, DeSoto County may be re-designated as attaining. However, if EPA lowers the allowable pollutant levels, DeSoto County may remain a non-attainment area.
ADOPTION OF AMMENDMENTS TO “AIR EMISSION REGULATIONS FOR THE PREVENTION, ABATEMENT, AND CONTROL OF AIR CONTAMINANTS,” 11 MISSISSIPPI ADMINISTRATIVE CODE, PART 2, CHAPTER 1
Mr. Beasley discussed the proposed amendments to the subject air pollution control regulations. The proposed amendments include the following items: (1) changes to the open burning provisions allowing MDEQ to delegate the burning of residential yard waste to local governments; (2) creation of “Air Quality Action Days” in which MDEQ may prohibit burning of yard wastes and other types of proscribed burning that is normally allowed; (3) recent amendments to federal regulations for New Source Performance Standards for Hazardous Air Pollutants; and (4) recent changes to the Federal Consolidated Air Rule.
The Commission unanimously approved the proposed amendments to 11 Mississippi Administrative Code, Part 2, Chapter 1 as presented by MDEQ Staff.
CERTIFICATIONS APPROVED
- Asbestos: 223 certifications
- Lead Paint: 83 certifications
- Underground Storage Tanks: 5 certifications
- Wastewater Operator: 113 certifications
EMERGENCY CLEAN-UP EXPENSES APPROVED
Fourteen (14) emergency clean-up expenditures occurred 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. These include the following matters:
| Program Area | Number of Orders | Penalty Range |
| NPDES | 5 | $0 – $7,500 |
| Large Construction Stormwater | 1 | $25,000 |
| Asbestos Removal | 1 | $3,500 |
| Gravel Mining | 2 | $3,500 – $18,000 |
| Hazardous Waste | 3 | $6,200 – $101,382 |
| Underground Storage Tanks | 2 | $5,000 |
| Solid Waste | 1 | $4,000 |
An order accepts Kansas City Southern Railroad Vicksburg, MS for participation in the Uncontrolled Site Voluntary Evaluation Program.
An order confirms the adoption of the Water Pollution Control Revolving Fund Program Final FY 2014 Intended Use Plan Amendment I.
The next Commission meeting is scheduled for January 22, 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.
If you have any questions concerning the matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.
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