The Mississippi Commission on Environmental Quality convened at 9:00 a.m., on July 26, 2018, at the offices of the Mississippi Department of Environmental Quality in Jackson. The Commission approved minutes from the previous meeting held on July 26, 2018. Following a prepared agenda, items considered were as follows:
Amendments to 11 Miss. Admin. Code Part 5, Chapter 2 – Underground Storage Tank Technical Regulations
MDEQ staff recommended and the Commission adopted amendments to the Commission’s UST regulations, 11 Mississippi Administrative Code, Part 5, Chapter 2. In order to comply with the federal requirements of 40 CFR Part 280 and to be able to re-apply for state program approval for the MS UST Program under 40 CFR 281, MDEQ staff recommended including new and revised requirements for: integrity testing for containment sumps; piping replacements; fuel type changes; release detection; and walkthrough monthly and annual inspections. The proposed amendments also include additional changes to enhance and protect human health, safety, and the environment. These proposed changes include requirements for airport hydrant systems and field constructed tanks, lender liability requirements to maintain USTs for future operation, and more specific reporting requirements. These proposed changes will align regulatory requirements of the Commission with requirements of the federal regulations whereby allowing MDEQ to seek re-authorization for state program approval of our Underground Storage Tank Program. Staff recommends that the Commission adopt the regulation amendments.
Amendments to 11 Miss. Admin. Code Part 5, Chapter 3 – Underground Storage TankRegulations for the Certification of Persons Who Install, Alter, Test, and Permanently Close Underground Storage Tanks
MDEQ recommended and the Commission adopted amendments to the Commission’s UST regulations, 11 Mississippi Administrative Code, Part 5, Chapter 3. The regulations were proposed for amendment to address new UST certification types, clarify the requirements on when a UST certified contractor shall be employed to conduct UST related services, add experience requirements for UST certified contractor to ensure quality services are provided to the UST regulated community, and to be compliant with the Fair Labor statues of Mississippi. The proposed changes include two new certified contractor classifications, define the activities that require a licensed UST contractor, add on-the-job training experience from a minimum of six (6) months to two (2) years, dependent on certification classification, and remove the requirement that an applicant must be a full-time employee of their employer to be a licensed certified contractor for that employer. Staff recommends that the Commission adopt the regulation amendments.
Commission Approval of Brownfield Agreement
The staff recommends and Commission approved the Brownfield Agreement between the Commission and the City of Vicksburg regarding the remediation of brownfield property located at 1422 Martin Luther King Jr. Boulevard in Vicksburg, Mississippi. The administrative record for this environmental response project is referred to as the Kuhn Memorial Hospital site. Assessment of the site has determined the site is contaminated with asbestos containing material. Therefore, remediation of the Brownfield Agreement Site is necessary. The proposed use of the Site after completion of all remediation will be commercial or industrial in nature. The staff of the MCEQ has evaluated the Brownfield Agreement and believes that, with the conditions and restrictions contained within the Brownfield Agreement, the Site will be in compliance with applicable State and Federal laws and standards and will be protective of the public health and the environment.
Asbestos: 115 certifications
Lead Paint: 63 certifications
Underground Storage Tanks: 9 certifications
EMERGENCY CLEAN-UP EXPENSES
There were 9 emergency expenditures since the last report.
ADMINISTRATIVE ORDERS APPROVED
Five (5) Administrative Orders were issued by the Executive Director and approved by the Commission since the last report.
The Commission entered into Executive Session to discuss Pending Litigation
Mr. Roy Furrh, MDEQ Legal Counsel reported that the MDEQ Permit Board’s denied C.F. Gollott and Son Seafood, Inc.’s (“Gollott”) request for a preliminary hearing and also denied Gollott’s request to amend their Agreed Orders. An Evidentiary Hearing is set for December 11, 2018.
The next Commission meeting is proposed to be on September 27, 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.
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