MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY

Thursday, July 25, 2013
9:00 A.M. 
Room 104A
515 East Amite Street 
Jackson, Mississippi 39201

AGENDA
	1.	Call to Order – Chair
2.	Election of Officers for Fiscal Year 2014 (July 2013-June 2014)
3.	Approval of Minutes of May 23, 2013 Meeting 
	4.	Commission Approval of Brownfield Consulting Firms  

	The staff has reviewed an application from a consulting firm requesting to be listed as a Brownfield Consulting Firm and has determined it to be complete and acceptable.  Therefore, the staff recommends that the Commission approve the following firm as a Brownfield Consulting Firm:

		Professional Service Industries, Inc. (PSI)
		724 Central Avenue
		Jefferson, Louisiana 39774

5.	Water Pollution Control (Clean Water) Revolving Fund Loan Program,
		Adoption of FY-2013 Intended Use Plan Amendment No. 1

	The staff will recommend adoption by the Commission of the FY-2013 Intended Use Plan Amendment No. 1.  This Intended Use Plan amendment includes changes 1) to add new projects to the Planning List for possible funding during FY-2013, 2) to incorporate the actual 2013 Title VI capitalization grant allotment, 3) to account for the unavailability of the FY-2013 capitalization grant and state match for obligation, due to the lack of adequate state match authorization during the 2013 Regular Legislative Session, and 4) to provide for the obligation of  additional repayments (through March 2014) to replace the currently unavailable FY-2013 capitalization grant and state match funds.  Public comments on the draft Intended Use Plan amendment have been solicited through a public comment period and a public hearing.

6.	Establishment of the Lignite Mining Fee for Liberty Fuels Company, LLC for the Liberty Mine in Kemper County for State Fiscal Year 2014.b) Establishment of the Lignite Mining Fee for Mississippi Lignite Mining Company for the Red Hills Mine in Choctaw County for State Fiscal Year 2014
The staff will recommend that the Liberty Fuels Company, LLC Lignite Mining Fee for the 2014 state fiscal year be set at $125,000, which is the same as for state fiscal year 2013. The staff will recommend that the Mississippi Lignite Mining Company Lignite Mining Fee for the 2014 state fiscal year be set at $125,000, which is the same as for state fiscal year 2013.  This amount will cover approximately 50% of the anticipated cost of administering the federally-approved coal mining program in Mississippi; the remaining approximately 50% of the cost will be covered by a federal Office of Surface Mining Reclamation and Enforcement grant.  These fees will cover 100% of the anticipated cost of administering the program above the amount of the federal OSMRE grant. The staff will provide copies of the draft orders related to these fees to the Commission.  Staff will also recommend that the Commission delegate the authority to sign the Orders to the Executive Director.

	

7. 	Reformatted and Renumbered Regulations
	Staff will present reformatted and renumbered Commission regulations for the Commission's adoption and approval.  The Commission's regulations have been reformatted and renumbered pursuant to the Administrative Procedures Act and as required by the Secretary of State.  A public hearing was held related to the reformatted and renumbered regulations on June 4, 2013.  Copies of the transcript of the public hearing and accompanying exhibits and other written comments are attached and are being provided to the Commission for review prior to consideration of the reformatted and renumbered regulations.  Staff did make suggested typographical corrections, but did not make any substantive changes as this rulemaking is being proposed to merely reformat and renumber existing Commission regulations and not to change content.  Staff recommends that the Commission adopt and approve the reformatted and renumbered regulations and adopt and approve the accompanying Order which is attached.
8.	Briefing on Denbury Well
		Staff will brief the Commission on the Denbury CO2 Well matter. 
9. 	Briefing on Phoenix Awards
	Staff will make a presentation to the Commission on the Phoenix Awards received by MDEQ at the recent Brownfield Conference in Atlanta, Georgia.  
10.	Asbestos Certifications 
We have issued 306 asbestos certifications since the last report. This list will be available at the Commission meeting. 
	11. 	Lead Paint Certifications 
We have issued 93 lead paint certifications since the last report. This list will be available at the Commission meeting. 
	12. 	Underground Storage Tanks (UST) Certifications 
We have issued 2 certifications to those who install, alter, or remove underground storage tanks since the last report. This list will be available at the Commission meeting. 
13. 	Emergency Clean-Up Expenses 
We have 9 emergency expenditures since the last report. See Attachment 1 at the end of this agenda. 
14. 	Administrative Orders 
We have issued 34 administrative orders since the last report and they should be added to the minutes. The staff will highlight any orders that we think are especially noteworthy. See Attachment 2 at the end of this agenda. 
15. 	Other Business 
16. 	Confirmation of Meeting on Thursday, August 22, 2013 
17. 	Adjournment 

(Attachment 1)
											7/25/2013

EMERGENCY SERVICES CLEAN-UP

To: 		United States Environmental Services
Amount: 	$5,274.55				Date of Response: 05/14/13
For: 	Costs associated with providing supervision, labor, equipment and materials to respond to and clean up a gasoline spill in Hinds County.

To: 		United States Environmental Services
Amount: 	$1,722.15				Date of Response: 03/14/13
For: 	Costs associated with providing supervision, labor, equipment and materials to respond to and clean up an unknown chemical spill in Hinds County.

To: 		United States Environmental Services
Amount: 	$3,357.61				Date of Response: 02/19/13
For: 	Costs associated with providing supervision, labor, equipment and materials to respond to and clean up a diesel spill due to equipment failure in Hancock County.

To: 		United States Environmental Services
Amount: 	$5,460.02				Date of Response: 04/04/13
For: 	Costs associated with providing supervision, labor, equipment and materials to respond to and clean up a chlorine spill and to also perform air monitoring at Piney Woods School in Rankin County.

To: 		United States Environmental Services
Amount: 	$4,440.08				Date of Response: 01/24/13
For: 	Costs associated with providing supervision, labor, equipment and materials to respond to and clean up a gasoline spill in Hinds County.

To: 		United States Environmental Services
Amount: 	$597.21				Date of Response: 03/26/13
For: 	Costs associated with providing supervision, labor, equipment and materials to respond to and pick up an abandoned drum in Hinds County.

To: 		United States Environmental Services
Amount: 	2,823.26				Date of Response: 04/18/13
For: 	Costs associated with providing supervision, labor, equipment and materials to respond to and clean up a diesel spill in Copiah County.

To: 		United States Environmental Services
Amount: 	$2,146.09				Date of Response: 02/07/13
For: 	Costs associated with providing supervision, labor, equipment and materials to respond to and pick up an abandoned bucket with unknown hazardous material in Franklin County.

To: 		United States Environmental Services
Amount: 	$1,263.72				Date of Response: 03/06/13
For: 	Costs associated with providing supervision, labor, equipment and materials to 
    respond to and clean up a unknown oily product in Warren County.  

(Attachment 2)
  7/25/2013
ADMINISTRATIVE ORDERS 

	Respondent	Order No.	Summary	
1	Former Village Grocery (New Deal) Store Location
Crystal Springs, MS	Order No. 6246 13
Wilson Thigpen (Seller) agrees to pay MDEQ $5,500 in reimbursement for costs associated with past due tank fees, past compliance violations, and the motor fuel contamination investigation that was conducted. 
Roy Williams (Buyer) has agreed to bring the property into substantial compliance with the requirements of the Mississippi Underground Storage Tank Act and Commission Regulations. 
	Wilson Thigpen (Seller) was in violation of failing to permanently close a UST system that has been temporarily out of use for more than 12 months.  	
2	Wolverine Tube, Inc.
Greenville, MS	Order No. 6247 13
	This Order concludes that Wolverine Tube, Inc. has completed Brownfield Agreement #4511 02.  
	
3	Weyerhaeuser NR Company
Philadelphia, MS	Order No. 6248 13
Respondent agrees to pay MDEQ $12,000 within forty-five (45) days of this Agreed Order. 
	Respondent failed to submit stack test reports in a timely manner. 	
4	B and B Electrical and Utility Contractors, Inc.
Brandon, MS	Order No. 6249 13
Respondent agrees to pay MDEQ $2,000 within forty-five (45) days of this Agreed Order.
Respondent agrees to operate their facility under the conditions and terms set forth in their NPDES Permit, MS0060038, which expired July 10, 2010, until such time as the Permit Board or its designee acts on the application submitted by the facility on January 28, 2013. 
	Respondent failed to renew its NPDES permit.

	
5	Sandeep Kaur
d/b/a Singh Tanker Lines
and
Rhera Maninder
	Order No. 6250 13
Respondents agrees to pay $12,558.38 to USES in compensation for its remedial and cleanup action in response to the tanker truck accident in accordance with the invoice received from USES in this matter; and MDEQ agrees that this payment shall constitute a full and complete settlement of Respondent’s liability for the payment of all costs of remedial and clean up action which have been incurred.  Respondent agrees to make payment to USES within thirty (30) days of this Agreed Order of Settlement.

	Respondents were involved in an accident on Interstate 55 North in Madison County.  The tanker was carrying a load of gasoline.  As a result of the accident the tanker truck rolled over, caught fire, and there was a release of gasoline into the environment.  	
6	Hemphill Construction Company, Inc.
Flowood, MS	Order No. 6251 13
Respondent agrees to pay MDEQ $5,000 within forty-five (45) days of this Agreed Order.  	Respondent failed to obtain coverage under Mississippi’s Large Construction Storm Water General Permit before commencement of land disturbing activities.  
	
7	Masonite Corporation
Laurel, MS	Order No. 6252 13
Respondent agrees to pay MDEQ $18,000 within forty-five (45) days of this Agreed Order.  	Violations are listed in Section 1, A – P of this Agreed Order. 

	
8	Harrison County
Gulfport, MS	Order No. 6253 13
Respondent agrees to provide documentation that the vapor monitoring device being utilized has been calibrated in accordance with the manufacturer’s requirements (Facility #7624).
Respondent agrees to provide documentation that the vapor monitoring device being utilized has been calibrated with the manufacturer’s requirements (Facility #7625).
Respondent agrees to provide documentation that adequate release detection has been provided for the piping systems by the submittal of acceptable visual interstitial monitoring records. 
Respondent agrees to provide documentation that the monitoring wells have been installed with suitable caps (Facility #10132). 
Respondent agrees to pay MDEQ $1,250 within forty-five (45) days of this Agreed Order.
	Violations are listed in Section 2 of this Agreed Order. 	
9	Mike Pruitt
B. P. Holdings, Inc.
Madison, MS	Order No. 6254 13
Respondent has agreed to the requirements and/or continuing obligations to be conducted for the Site.	The Site is contaminated at levels in excess of the TRGs as established by MDEQ and therefore, remediation of the Site is necessary.
A description of all requirements and/or continuing obligations is listed in Section 5 of this Agreed Order.  
	
10	Town of Flora
Flora, MS	Order No. 6255 13
Respondent agrees to comply with the requirements listed in Section 2, A – G and Section 3 of this Agreed Order.  
	Respondent was in violation of NPDES Permit No. MS0025119.  	
11	Pandle, Inc.
Asphalt Paving Company
Pascagoula, MS	Order No. 6256 13
Respondent agrees to pay MDEQ $15,000 payable in two equal installments of $7,500.  Respondent shall pay the first equal installment of the penalty within forty-five (45) days of this Agreed Oder and the Respondent shall pay the balance within ninety (90) days of this Agreed Order. 	Respondent failed to perform required monthly inspections.
Respondent failed to cease operations upon the failure of pollution control equipment.
Respondent failed to perform biennial stack test.
Respondent failed to submit Annual Production Reports.
Respondent failed to comply with opacity limitations. 
	
12

	W C Fore Trucking, Inc.
Moss Point, MS	Order No. 6257 13
Respondent agrees to pay MDEQ $4,000 within forty-five (45) days of this Agreed Order.
Respondent agrees to submit a Ready-Mix Concrete Notice of Intent (RMCNOI) and other required submittals in accordance with the requirements of the Ready-Mix Concrete General Permit prior to any further construction activity. 
Respondent agrees to install the necessary erosion/sediment controls at the development to minimize the offsite discharge of sediment and shall be in accordance to the “Planning & Design Manual for Control of Erosion, Sediment & Stormwater”.
	Respondent failed to obtain coverage under Mississippi’s Small Construction Storm Water General Permit before commencement of land disturbing activities. 	
13	Alcorn County Board of Supervisors
Corinth, MS	Order No. 6258 13
Respondent agrees to pay MDEQ $15,000.  Respondent  agrees to pay $7,500 within forty-five (45) days of this Agreed Order;
Respondent agrees to pay the remaining balance within ninety (90) days of this Agreed Order.	Violations are listed in Section 1, A – E of this Agreed Order.  	
14	Amendment to the Three Rivers Regional Solid Waste Management Plan 
New Albany, MS	Order No. 6259 13
	This Order approves the amendment to the Three Rivers Regional Solid Waste Management Plan which includes a 31.4 acre expansion of the New Albany Pumpkin Center Class I Rubbish Site from 26.9 acres to 58.3 acres.
	
15	Petitioner’s Request for Evidentiary Hearing Serenity Lane Property
West Pearl River County	Order No. 6260 13	The Commission ultimately determined that it is authorized to grant a hearing in this matter; that an evidentiary hearing be provided to the Petitioners; and a hearing officer be designated to conduct the hearing.
	
16	City of Canton
Canton, MS	Order No. 6261 13
Respondent agrees to immediately prevent all leachate and contaminated storm water from entering the onsite water management systems.  All leachate and contaminated storm water shall be appropriately collected and managed by the onsite leachate management system.
Respondent agrees to pay MDEQ $8,000 within forty-five (45) days of this Agreed Order.
	Respondent was in violation of the Mississippi Nonhazardous Solid Waste Management Regulations, NPDES Permit No. MSS058548 and the Solid Waste Management Permit No. SW04501B0378.	
17
	Riverbend Environmental Services, LLC
Fayette, MS	Order No. 6262 13
Respondent agrees to pay MDEQ $46,800 in two installments.  Respondent shall pay the first installment in the amount of $23,400 within forty-five (45) days of this Agreed Order.
Respondent shall pay the second installment in the amount of $23,400 within ninety (90) days of this Agreed Order. 
	Violations are listed in Section 1, A – E of this Agreed Order.  	
18	City of Hazlehurst
Hazlehurst, MS	Order No. 6263 13
Respondent agrees to pay MDEQ $4,000.
Respondent shall pay the first installment in the amount of $1,000 within forty-five (45) days of this Agreed Order.
Respondent shall pay the second installment in the amount of $1,000 within ninety (90) days of this Agreed Order.
Complainant shall hold in abeyance the remaining balance of $2,000 pending Respondent’s compliance for one (1) calendar year, set to commence upon the Effective Date of this Agreed Order.  Should the Respondent fail to comply, the Abeyance Amount shall become due and payable within forty-five (45) days of the Respondent receiving written notification from the Complainant that such a failure has occurred.  
	Respondent failed to timely submit the calendar year 2012 annual report for its Class II rubbish site located at Charles Howard Drive, Hazlehurst, Mississippi, in Copiah County.	
19	Luvata Grenada, LLC
Grenada, MS	Order No. 6264 13
Respondent agrees to pay MDEQ $10,000 within forty-five (45) days of this Agreed Order.	Violations are listed in Section1, A – F of this Agreed Order.	
20	Grenada Manufacturing LLC, and Grenada Stamping and Assembly, Inc. d/b/a Ice Industries Grenada
Grenada, MS	Order No. 6265 13
Respondent agrees to pay MDEQ $25,000 within forty-five days of this Agreed Order.	Violations are listed in Section 1, A – F of this Agreed Order.	
21	Enviva Pellets Wiggins, LLC
Wiggins, MS	Order No. 6266 13
Respondent agrees to the compliance assessment and attainment plan listed in Section 2, A – E of this Agreed Order.  	Respondent failed to submit a complete application.	
22	Enviva Pellets Amory, LLC
Amory, MS	Order No. 6267 13
Respondent agrees to the compliance assessment and attainment plan listed in Section 2, A – E of this Agreed Order.  	Respondent failed to submit a complete application.  	
23	Vicksburg Warren County Landfill, LLC
Vicksburg, MS	Order No. 6268 13
Respondent agrees to pay MDEQ $4,000 within forty-five (45) days of this Agreed Order. 	Respondent failed to timely submit the calendar year 2012 annual report for its Class I rubbish site located at 130 Pit Road, Vicksburg, Mississippi.  	
24	Inca Presswood Pallets LTD
Sardis, MS	Order No. 6269 13
Respondent agrees to pay MDEQ $15,000.  Respondent will pay $10,000 within forty-five (45) days of this Agreed Order.  MDEQ shall hold in abeyance, and Respondent shall not be required to pay, the remaining balance of $5,000 pending the Respondent’s compliance with the conditions listed in Section 2B, 1 – 3.
	Violations are listed in Section 1, A – I of this Agreed Order. 	
25	Approval of the Harrison County Solid Waste Management Plant 
Gulfport, MS	Order No. 6270 13	This order, issued by MDEQ, grants the approval of the comprehensive updated Harrison County Solid Waste Management Plan.  
Major components of the Plan are listed in Section 4 of this Order.
	
26	Griffin Industries, LLC
Jackson, MS	Order No. 6271 13
Respondent agrees to pay MDEQ $17,500 within forty-five (45) days of this Agreed Order. 
	Violations are listed in Section 1 of this Agreed Order.	
27	Amendment to the Forrest County Solid Waste Management Plan
Hattiesburg, MS	Order No. 6272 13	This Order was issued by MDEQ approving a proposed amendment to the Forrest County Solid Waste Management Plan. Specifically the order approves the proposed amendment to expand the service area of Clean Earth, Inc.’s medical waste processing facility located at 89 Wesley Grant Road in the County.
	
28	Denbury Onshore, LLC
Yazoo County, MS	Order No. 6273 13
Respondent agrees to pay MDEQ $662,500 within forty-five days of this Agreed Order.	Respondent was in violation of pollution and/or placement of wastes or other products or substances in a location where they are likely to cause pollution of the air of the State in violation of the Miss. Code Ann. §49-17-29(1)(a) and §49-17-29(2)(a).
	
29	Williams Machine Works, Inc. and 
Williams Machine Works, LLC
Moss Point, MS	Order No. 6274 13
Respondent agrees to pay MDEQ $5,000 within forty-five (45) days of this Agreed Order.
	Violations are listed A – F of this Agreed Order.  	
30	Lane Construction Company
Gulfport, MS	Order No. 6275  13
Respondent agrees to pay MDEQ $7,500.  Respondent shall remit to MDEQ the amount of $1,875.00 within forty-five (45) days of this Agreed Order.  
Respondent shall pay $5,625.00 to The Land Trust in accordance with the terms and conditions of the MOA.	Respondent was in violation of Act 7, Section S-1 Part (1) – Failure to implement the site-specific Storm Water Pollution Prevention Plan (SWPPP).
Respondent also failed to maintain erosion and sediment controls at all times.

31	MMC Materials, Inc.
Madison, MS	Order No. 6276 13
Respondent agrees to pay MDEQ $13,550 within forty-five (45) days of this Agreed Order. 	Respondent failed to submit request for modification of Ready-Mix GP Coverage No. MSG110132.
Respondent failed to submit request for modification of Ready-Mix Concrete Facility General Permit Coverage No. MSG110163.
Respondent failed to submit request for modification of Ready-Mix GP Coverage No. MSG110262.
	
32	Lakhwinder Singh
McComb, MS	Order No. 6277 13
Respondent agrees to comply with the requirements listed in Section 3, A – G of this Agreed Order.
Respondent agrees to pay MDEQ $500 within thirty (30) days of this Agreed Order.
	Violations are listed in Section 2, A – G of this Agreed Order.	
33	Lakhwinder Singh
Summit, MS	Order No. 6278 13
Respondent agrees to comply with the requirements listed in Section 3, A – H of this Agreed Order.
Respondent agrees to pay MDEQ $500 within thirty (30) days of this Agreed Order.
	Violations are listed in Section 2, A – F of this Agreed Order.	
34	Anderson Tully Lumber Company, Waltersville Lumber Mill
Vicksburg, MS	Order No. 6279 13
Respondent agrees to pay MDEQ $50,000.
Respondent shall pay MDEQ $39,500 within forty-five (45) days of this Agreed Order.
MDEQ shall hold in abeyance, and Respondent shall not be required to pay, the remaining balance of $10,500 pending the Respondent’s full compliance with the terms and conditions of paragraph 2.B. of this Agreed Order.	Respondent was in violation of its Air Title V Operating permit (TVOP) No. 2780-00004.