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.
Meeting Summary
The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on October 22, 2015, at the offices of the Mississippi Department of Environmental Quality in Jackson. Mr. Van Devender, Chair, called the meeting to order. The Commission approved minutes from the previous meeting held on August 27, 2015. Following a prepared agenda, items considered were as follows:
Commission Approval of Brownfield Consulting Firms
The Commission approved applications for the following two firms requesting to be listed as Brownfield Consulting Firms based on staff recommendation.
FC&E Engineering, LLC
PO Box 1774
Brandon, MS 39043
Waggoner Engineering, Inc.
103-A Lefleurs Square
Jackson, MS 39211
Commission Approval of Environmental Covenant
The Commission approved the Environmental Covenant for the Davis Timber Company Superfund Site in Lamar County, MS based on staff recommendation. The Covenant is between the Commission, Gayle and Tommy M. Davis and the United States Environmental Protection Agency regarding the remediation of property located on Jackson Road in Hattiesburg.
The restrictions in the proposed Environmental Covenant will allow the site to be used as a community-based animal shelter. MCEQ staff believes that with the conditions and restrictions contained in the Covenant, the site will be in compliance with Federal and State laws and standards and will be protective of public health and the environment. Further, MCEQ staff noted that this project has been recognized for excellence in supporting resource reuse.
2015 Triennial Review: Proposed Amendments to Mississippi’s Water Quality Standards
Mike Freiman, P.E. of MDEQ staff described the modifications that are anticipated in the 2015 triennial review. MDEQ is required to update the state’s water quality standards document every three years. The anticipated changes are (1) an update of the bacterial indicator for freshwaters from fecal coliform to e.coli, and (2) minor revisions to the language regarding pH criteria. The public comment period for the proposed revisions in currently underway and a public hearing is scheduled for November 5, 2015.
Mississippi’s Priority Framework for Listing Priority Watersheds
MDEQ staff presented an update to the Commission on MDEQ’s efforts to prioritize watersheds in response to an EPA initiative. In response, MDEQ has developed a multi-program approach to set planning priorities for watershed protection and restoration.
Commission Approval of Hazardous Waste Management Regulation Amendments
The Commission approved the adoption of amendments to Mississippi’s hazardous waste regulations presented by MDEQ staff. The amendments included the following: (1) management criteria for cathode ray tubes, (2) criteria regarding carbon dioxide streams when used for carbon sequestration, and (3) implementation of electronic manifest systems. A public hearing on the amendments was held on September 15, 2015 and no comments were received.
Adoption of Amendments to “Regulations Regarding the Delegation of Authority from the Mississippi Commission on Environmental Quality to the Executive Director of the Mississippi Department of Environmental Quality.” 11 Miss. Admin. Code Ch. 1, Pt. 1.
The Commission approved proposed amendments to Mississippi Regulations Regarding the Delegation of Authority from the Mississippi Commission on Environmental Quality to the Executive Director of the Mississippi Department of Environmental Quality. The amendments allow the following changes: (1) clarification of the Executive Director’s authority to issue orders pursuant to the Mississippi Surface Coal Mining and Reclamation Law; (2) authority to enter into reciprocity agreements with other states related to certifications; (3) authority to issue administrative orders to require compliance of water well drillers operating in violation of Mississippi law, regulations or other Orders; (4) authority to execute, approve and amend environmental covenants (5) authority to delegate the authority to sign Commission Orders to the Chief of Staff; (6) authority to re-issue, deny or revoke Asbestos Certifications and approve Asbestos Abatement Training Programs; (7) authority to re-issue, deny or revoke Underground Storage Tank (“UST”) Certifications to individuals authorized to install, alter and/or close USTs; (8) authority to re-issue, deny, or revoke Landfill Operator and Class I Rubbish Site Operator Certifications, Wastewater Operator Certifications, Wastewater Training Programs, Water Well Driller Licenses, Lead Certifications, and Lead-Based Paint Activities Training Programs; (9) authority to requisition and use funds in the Nonhazardous Solid Waste Corrective Action Trust Fund and Waste Tire Abatement Funds; (10) authority to discharge or exercise any power or duty granted to the Commission by the provisions of the Surface Coal Mining and Reclamation Law; and (11) authority to approve and award Regional Recycling Cooperative Grants and Nonhazardous Solid Waste Corrective Action Fund Cooperative Agreements.
A public hearing on the proposed amendments was held on October 14, 2015 and no comments were received.
Adoption of Amendments to “Regulations Regarding the Review and Reproduction of Public Records.” 11 Miss. Admin. Code Ch. 1, Pt. 2.
The Commission approved proposed amendments to Regulations Regarding the Review and Reproduction of Public Records. The amendments provide clarity and further detail about how public records requests can be made and how MDEQ processes such requests.
CERTIFICATIONS APPROVED
Asbestos: 188 certifications
Lead Paint: 119 certifications
Underground Storage Tanks: 18 certifications
EMERGENCY CLEAN-UP EXPENSES APPROVED
Nine (9) emergency clean-up expenditures occurred since the last report.
ADMINISTRATIVE ORDERS APPROVED
There have been the (10) 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 | 1 | $2,500 |
| Large Construction Stormwater | 2 | $4,000 – $5,000 |
| Solid Waste | 2 | $0 – $4,000 |
| Ready Mix Concrete | 1 | $8,800 |
Reneptco II, LLC of Bay Springs, MS was assessed a civil penalty of $87,500 for polluting state waters due to a well control event that released crude oil into waters of the State.
An order confirmed the Commission’s adoption of the amendments to “Regulations for Ambient Air Quality Nonattainment Areas” and the associated Revision to the MS State Implementation Plan (SIP Revision).
An order confirmed the approval of the comprehensive update of the Jefferson County Solid Waste Management Plan.
An order adopted the Water Pollution Control Revolving Loan Fund Program’s Final Intended Use Plan (IUP) for fiscal year 2015.
The Commission entered into an executive session to discuss pending litigation.
The next Commission meeting is scheduled for December 2, 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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