reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Hazardous Waste Management Regulations › Rule 11-3-1.22 - Recycled Used Oil Management Standards

Current through June 25, 2024
Used oil generators, transporters, processors, re-refiners,
				  burners, and marketers of recycled used oil shall meet the requirements of Part
				  279 of the EPA Hazardous Waste Regulations 40 CFR Part 279; 57 FR 41611,
				  September 10, 1992, Effective March 8, 1993; 58 FR 26424, May 3, 1993,
				  Effective March 8, 1993; 58 FR 33342, June 17, 1993; 59 FR 10559, March 4,
				  1994, Effective January 1, 1995; 63 FR 24963, May 6, 1998; 68 FR 44659, July
				  30, 2003; 70 FR 34538, June 14, 2005, Effective July 14, 2005; 71 FR 40254,
				  July 14, 2006; and 81 FR 85732, November 28, 2016, Effective May 30,
				  2017.
Miss. Code
				  Ann. §§
										17-17-1, et seq., 49-2-9(1)(b),
				  49-17-17, 49-2-1, et seq. and 49-171, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Hazardous Waste Management Regulations › Rule 11-3-1.23 - Procedures for Decision Making

Current through June 25, 2024
The Mississippi Environmental Quality Permit Board and the
				  Board's designee shall conform, in the consideration and issuance of hazardous
				  waste management permits, to the procedures found in Subparts A and B of Part
				  124 of the EPA Hazardous Waste Regulations 40 CFR 124; 45 FR 33484, May 19,
				  1980, Effective July 18, 1980; 45 FR 52729, August 4, 1980; 45 FR 68391,
				  October 15, 1980; 46 FR 22584, April 20, 1981; 46 FR 36706, July 15, 1981; 47
				  FR 15304, April 8, 1982; 48 FR 14146, April 1, 1983; 48 FR 30115, June 30,
				  1983; 48 FR 39619, September 1, 1983; 49 FR 17718, April 24, 1984; 53 FR 28118,
				  July 26, 1988, Effective August 25, 1988; 53 FR 37396, September 26, 1988,
				  Effective October 26, 1988; 54 FR 246, January 4, 1989; 60 FR 63431, December
				  11, 1995, Effective June 11, 1996, 65 FR 30886, May 15, 2000, Effective June
				  14, 2000; 70 FR 53420, September 8, 2005, Effective October 11, 2005; and those
				  administrative procedures as required under State law.
Miss. Code
				  Ann. §§
										17-17-1, et seq., 49-2-9(1)(b),
				  49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Hazardous Waste Management Regulations › Rule 11-3-1.24 - Penalties

Current through June 25, 2024
Any person violating any provision of the Mississippi Solid
				  Waste Disposal Law, as amended, and any rule or regulation made pursuant hereto
				  or violating any order or permit condition issued by the Department shall be
				  punished in accordance with Section
				  17-17-29 of the Mississippi Code
				  of 1972, as amended.
Miss. Code
				  Ann. §§
										17-17-1, et seq. 49-2-9(1)(b),
				  49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 1 › Rule 11-3-2.1.2 - Brownfield Application Requirements

Current through June 25, 2024
A.
				  General Requirements.
(1) Brownfield Agreement
				  applications must be filed in the format prescribed by MDEQ. Prior to approval,
				  the application must be complete and must contain all of the information
				  required by MDEQ, including, but not limited to, information necessary to
				  demonstrate the following:
(a) That as a
				  result of the proposed remediation, the Brownfield Property will be suitable
				  for the use or uses specified in the application while fully protecting public
				  health and the environment;
(b)
				  That the Brownfield Party has or can obtain the financial, managerial, and
				  technical resources to implement fully and complete the proposed remediation
				  and to assure the safe use of the Brownfield Property;
(c) That the current owners of all surface
				  interests (including legal and equitable) in the Brownfield Properties that are
				  the subject of the application have given written approval for inclusion of
				  their property interest in the Brownfield Agreement Site. This approval shall
				  be provided on the form prescribed by MDEQ;
(d) That the Brownfield Party will comply
				  with all applicable procedural requirements; and
(e) That all items contained in the
				  application form have been addressed by either providing the required
				  information or stating that the item is not applicable. In the event that an
				  item is considered not applicable, the Brownfield Party must include a written
				  justification in the application that demonstrates to the satisfaction of MDEQ
				  that the item is not applicable to the application.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 1 › Rule 11-3-2.1.4 - Public Notice Requirements

Current through June 25, 2024
A. Public Notice
				  Requirements
(1) Public Notice by the MCEQ:
(a) At least forty-five days (45) before the
				  date MCEQ considers the proposed Brownfield Agreement, MDEQ shall publish a
				  public notice in a newspaper of general circulation in the county or counties
				  in which the Brownfield Agreement Site is located. The public notice shall:
(1) describe the proposed Brownfield
				  Agreement, including the proposed Brownfield Agreement Site;
(2) request public comment on the proposed
				  agreement within thirty (30) days after the date of publication of the notice;
				  and
(3) provide the date and
				  location of MCEQ's consideration of the proposed Brownfield
				  Agreement.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 1 › Rule 11-3-2.1.6 - Modification of Brownfield Agreement

Current through June 25, 2024
A.
				  Conditions for Modification
(1) A Brownfields
				  Agreement may be modified by order of MCEQ, if:
(a) MCEQ receives new information
				  demonstrating that a contaminant on or under the Brownfield Agreement Site
				  poses less risk than the risk that formed a basis for the remediation
				  requirements. Public notice as designated in Rule
				  2.1.4 is required prior to any
				  modification under this subparagraph (1)(a);
(b) The Brownfield Party provides or has
				  provided to MCEQ false information or fails to disclose to MCEQ relevant
				  information about environmental contamination on or under the Brownfield
				  Agreement Site that forms a basis for the Brownfield Agreement or that is
				  offered to demonstrate compliance with the Brownfield Agreement;
(c) New information becomes available after
				  execution of the Brownfield Agreement indicating the existence of previously
				  unknown contaminants or an area of previously unknown environmental
				  contamination that has not been remediated to standards required by applicable
				  federal or state law other than this Act. The Brownfield Agreement may be
				  amended to include remediation of any previously unknown contaminants and any
				  additional areas in the same Brownfield Agreement Site;
(d) The level of risk to public health or the
				  environment resulting from the Brownfield Agreement Site is increased beyond
				  the level that forms a basis for the risk-based remediation requirements in the
				  Brownfield Agreement due to changes in exposure conditions, including:
(1) A change in land-use at the Site or
				  contiguous to the Site that increases the probability of exposure to
				  contaminants on or under the Brownfield Agreement Site or
(2) The failure of remediation to mitigate
				  risks to the extent required to make the Brownfield Agreement Site fully
				  protective of public health and the environment as provided in the Brownfield
				  Agreement; or
(3) The receipt by
				  MDEQ of new information after execution of the Brownfield Agreement about a
				  contaminant on or under the Brownfield Agreement Site that increases the risk
				  to public health or the environment on or under the Brownfield Agreement Site
				  beyond the level that is the basis for the risk-based remediation requirements
				  in the Brownfield Agreement and in a manner or to a degree not anticipated in
				  the Brownfield Agreement.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 1 › Rule 11-3-2.1.7 - Liability Protection and No Further Action Letter

Current through June 25, 2024
A. Liability Protection
(1) Except as provided under Rule
				  2.1.7(A)(5)  and
				  Rule 2.1.10(B)(3) of
				  these regulations, a Brownfield Party who executes a Brownfield Agreement shall
				  be relieved of liability to all persons other than the United States for:
(a) remediation of the Brownfield Agreement
				  Site other than the remediation required by the Brownfield Agreement;
				  and
(b) all costs reasonably
				  related to the remediation other than the remediation and costs required by the
				  Brownfield Agreement or these regulations.
However, these regulations shall not affect the right of
					 any person to seek relief against any party to the Brownfield Agreement who may
					 have liability with respect to a Brownfield Agreement Site, except as provided
					 in this section.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 1 › Rule 11-3-2.1.8 - Cancellation of Notice of Brownfield Agreement

Current through June 25, 2024
A. Cancellation.
If a Brownfield Party remediates a Brownfield Agreement
					 Site to a risk level of unrestricted use, the Brownfield Party may petition
					 MCEQ to cancel the Notice of Brownfield Agreement Site. If MCEQ issues an order
					 canceling the notice, the current owner of the Brownfield Agreement Site shall
					 file a statement issued by the Executive Director in accordance with MCEQ's
					 order canceling the notice in the office of the chancery clerk in any county in
					 which the Brownfield Agreement Site is located. The Executive Director's
					 statement shall contain the names of the owners of the Brownfield Agreement
					 Site as shown in the Notice of Brownfield Agreement Site and reference the book
					 and page where the notice is recorded. After collecting the proper fee fixed in
					 Section 25-7-9, the chancery clerk shall
					 record the Executive Director's statement as provided in Rule
					 2.1.7.A. The chancery clerk shall
					 make a marginal entry on the Notice of Brownfield Agreement Site showing the
					 date of cancellation and the book and page where the Executive Director's
					 statement is recorded, and the chancery clerk shall sign the
					 entry.
Miss. Code
					 Ann.§§
											49-35-1, et seq., 17-17-1, et
					 seq., 49-2-9 (1)(b), 49-2-1, et seq. and 49-17-1, et
					 seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 2 - RISK EVALUATION PROCEDURES › Rule 11-3-2.2.2 - Brownfield Site Evaluation

Current through June 25, 2024
A. Conceptual
				  Exposure Model (SCEM)
(1) The SCEM is a
				  graphical representation of actual and potential Site conditions based on
				  available data and an understanding of those Site conditions. A BASELINE and a
				  REMEDIAL SCEM must be completed and are provided in forms prescribed by MDEQ.
				  The BASELINE SCEM represents the risk and exposure conditions that exist prior
				  to the implementation of remediation. The REMEDIAL SCEM represents the risk and
				  exposure conditions that exist or are expected to exist after the
				  implementation of remediation. Items to be identified in the SCEM include the
				  following:
(a) chemical of concern (CoC)
				  sources;
(b) CoC movement
				  (migration/transport);
(c) the
				  actual or potential exposure pathways; and
(d) the actual or potential receptor
				  populations.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 2 - RISK EVALUATION PROCEDURES › Rule 11-3-2.2.3 - Tier 1 Evaluation

Current through June 25, 2024
A. Tier 1
				  Evaluation Target Risk Level
The TRGs presented in the Tier 1 TRG table, Appendix A, are
					 based on either:
(1) a 1x10-6 target
				  risk level for each carcinogenic chemical,
(2) a hazard index not to exceed 1 for each
				  systemic toxicant, or
(3)
				  constituent TRG concentrations established through federal/state programs
				  (i.e., Safe Drinking Water Act). The values presented in the Tier 1 TRG table
				  will be modified periodically based on EPA updates of toxicity values obtained
				  from the sources presented in Rule
				  2.2.5(B)(3)(b) of
				  this Subchapter 2.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 2 - RISK EVALUATION PROCEDURES › Rule 11-3-2.2.5 - Tier 3 Evaluation

Current through June 25, 2024
A. Tier 3
				  Evaluation Target Risk Level
(1) Human Health
(a) The remediation goal (RG) for each
				  individual contaminant which is a carcinogen must be calculated to attain a
				  Risk Level of 10-6 (i.e., 1 in a million) or which
				  is a systemic toxicant must be calculated to attain a total hazard quotient of
				  not more than 1, except with regard to a background chemical concentration or a
				  regionally prevalent chemical concentration. In cases where contaminants with
				  corrective action concentrations established through federal and/or state
				  programs (i.e., Safe Drinking Water Act maximum contaminant levels (MCLs)) are
				  present, the MDEQ will determine the appropriate corrective action
				  concentration on a contaminant by contaminant basis. In no event, except with
				  regard to a background chemical concentration, may either:
(1) the cumulative (total) site carcinogenic
				  risk exceed 1 x 10-4 for carcinogenic CoCs
				  or
(2) the site hazard index
				  (summation of hazard quotients) exceed 3 for non-carcinogenic CoCs affecting
				  the same organ or organ system.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 2 - RISK EVALUATION PROCEDURES › Rule 11-3-2.2.7 - Petroleum Hydrocarbons

Current through June 25, 2024
A. Introduction
(1) Specific procedures and evaluation
				  criteria have been developed for sites with petroleum hydrocarbon
				  contamination. This criteria has been developed to simplify the contaminant
				  analyses required to characterize the site and to establish site-specific
				  remediation goals (RGs). Petroleum hydrocarbon indicator compounds (i.e.,
				  Benzene, Toluene, PAHs, etc.) may not be quantifiable at the Tier 1 TRG Table
				  concentrations because high petroleum hydrocarbonconcentrations in the sample
				  may cause analytical interferences resulting in either of the following:
(a) Dilution of the extract, which would
				  cause elevated detection limits and useless surrogate recovery data;
				  and/or
(b) Inaccurate compound
				  identification and quantification, due to a poor peak separation or an elevated
				  baseline during chromatography.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 2 - RISK EVALUATION PROCEDURES › Appendix 11-3-2-2-A - TIER 1 TARGET REMEDIAL GOAL TABLE

Current through June 25, 2024
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Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 2 - RISK EVALUATION PROCEDURES › Appendix 11-3-2-2-B - PETROLEUM HYDROCARBON TABLES

Current through June 25, 2024
TABLE 1 PETROLEUM HYDROCARBON INDICATOR COMPOUNDS1
Type of Release
Indicator Compound
Gasoline
Kerosene, Jet Fuel
Diesel, Light Fuel Oils
Heavy Fuel Oils
Crude Oil
Highly Refined Base Oils2
Used Motor Oil, Lubricating Oil
Unknown
T TPH-GRO
X
X
X
TPH-DRO
X
X
X
X
X
X
X
Volatiles
X
X
X
Acenaphthene
X
X
X
X
X
X
X
Acenaphthylene
X
X
X
X
X
X
X
Anthracene
X
X
X
X
X
X
X
Benz[a]anthracene
X
X
X
X
X
X
X
Benzo[a]pyrene
X
X
X
X
X
X
X
Benzo[b] fluoranthene
X
X
X
X
X
X
X
Benzo[g,h,i]perylene
X
X
X
X
X
X
X
Benzo(k)fluoranthene
X
X
X
X
X
X
X
Chrysene
X
X
X
X
X
X
X
Fluoranthene
X
X
X
X
X
X
X
Fluorene
X
X
X
X
X
X
X
Indeno[ 1,2,3-c,d]pyrene
X
X
X
X
X
X
X
2-Methylnaphthalene
X
X
X
X
X
X
X
Naphthalene
X
X
X
X
X
X
X
Phenanthrene
X
X
X
X
X
X
X
Pyrene
X
X
X
X
X
X
X
Metals
X
X
Methyl tertbutyl ether
X
X
Methyl ethyl ketone
X3
X
Methyl isobutyl ketone
X3
X
NOTES:
1
ASTM 1995 and TPH Criteria Working Group;
					 for large releases additional indicator constituents may be identified for
					 evaluation.
2
Applies to oils formulated with highly
					 refined base oils including hydraulic fluids (Mineral - oil based hydraulic
					 fluids, To xicological Profile for Mineral Oil Hydraulic Fluids,
					 Organophosphate Ester Hydraulic Fluids, and Polyalphaolefin Hydraulic Fluids,
					 ATSDR 1994), motor oils, industrial oils, and automatic transmission fluid -
					 type oils (i.e., severely refined base oils).
3
When suspected to be present.
TABLE 2
TIER 2 PETROLEUM HYDROCARBON TARGET REMEDIATION GOALS
					 (TRGS)
Carbon Fraction
Method
Groundwater (ig/L)
Soils Unrestricted (mg/kg)
Soils Restricted (mg/kg)
C5-C8
Aliphatic
400
100
500
C9-C12
Aliphatic
4,000
1,000
5,000
C9-C10
Aromatic
200
100
100
C9-C18
Aliphatic
200
100
5,000
C19-C36
Aliphatic
5,000
2,500
5,000
C11-C22
Aromatic
200
200
200
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 3 - REVOLVING LOAN FUND › Rule 11-3-2.3.1 - Revolving Loan Fund - General

Current through June 25, 2024
A. Introduction
MDEQ has been awarded a Comprehensive Environmental
					 Response Compensation and Liability Act of 1980 (CERCLA) § 104(k)
					 Brownfield Revolving Loan Fund (BRLF) Grant by the Environmental Protection
					 Agency (EPA). MDEQ may receive supplemental funding from EPA each year up until
					 the initial grant award is closed. Upon closeout of the initial grant, MDEQ may
					 apply for and receive subsequent BRLF grants from EPA. The BRLF may receive
					 monies from additional federal, state, or private resources. BRLF grant funds
					 shall be used to issue funds in the form of loans and/or subgrants to
					 Mississippi Commission on Environmental Quality (MCEQ or Commission)-approved
					 Brownfield Parties for the purpose of remediating brownfield sites and for
					 administrative and other costs associated with administering the BRLF program.
					 All program income and repayments of BRLF loan funds shall be used for future
					 BRLF loans and/or subgrants for brownfield site(s) remediation and for
					 administrative and other programmatic costs until closeout of a grant award in
					 which all funds revolved under that grant may be eligible for other brownfield
					 site activities in accordance with the EPA closeout agreement.
B. Purpose
The purpose of these regulations is to establish a BRLF
					 Program for providing loans and/or subgrants to eligible applicants for the
					 cleanup of eligible brownfield sites. These regulations establish the loan and
					 subgrant application requirements in conjunction with EPA grant terms and
					 conditions under CERCLA § 104(k) (as amended) and the MDEQ Brownfield
					 Program as established in Miss. Admin. Code Title 11, Part 3, Chapter 2 et.
					 seq.
C. Definitions
Applicant.
For this subchapter,
"applicant"
shall refer to a BRLF loan or subgrant
					 applicant.
Subgrant.
For this subchapter "subgrant"
					 shall refer to funds MDEQ provides to an eligible entity or nonprofit
					 organization under terms that do not require repayment in accordance with the
					 terms and conditions of the EPA grant requirements.
Miss. Code
					 Ann. §§
											49-2-9(1)(b) and
					 (c),
					 49-17-17 (d),
					 49-35-1, et seq., 49-17-17,
					 17-17-1, et seq., 49-2-1, et seq. and 49-17-1, et
					 seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 3 - REVOLVING LOAN FUND › Rule 11-3-2.3.2 - BRLF Application Requirements

Current through June 25, 2024
A. General
				  Requirements
1) All BRLF applicants must apply
				  to be a Brownfield Party and must be approved for a Brownfield Agreement under
				  Miss. Admin. Code 11, Part 3, Ch. 2 et. seq., to be eligible to receive a loan
				  or subgrant.
2) The applicant may
				  be a public, non-profit, or a private entity. Private entities are not eligible
				  for subgrants.
3) The proposed site
				  must meet the definition of a Brownfield Property as identified in Rule
				  2.1.1(C)(16) and as
				  defined by federal regulations.
4)
				  In accordance with the CERCLA § 104(k) (as amended) terms and conditions,
				  to receive a loan or subgrant, the applicant must be non-liable for any
				  contamination related to the proposed site as defined under CERCLA §107
				  (as amended)
(a) An applicant requesting a
				  subgrant must also own the property and maintain ownership throughout the
				  performance period of the subgrant agreement.
5) Since BRLF funding is limited, loans and
				  subgrants will be issued to eligible sites only as funding allows.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 3 - REVOLVING LOAN FUND › Rule 11-3-2.3.3 - Decisions on Loans and Subgrants

Current through June 25, 2024
A. Decisions on
				  Loans and Subgrants
1) The approval of a loan
				  or subgrant shall be based on a complete financial application that must be
				  submitted in a format prescribed by MDEQ. Prior to approval, the financial
				  application must be complete and must contain all information required by MDEQ,
				  including, but not limited to, information necessary to demonstrate the
				  following:
i. That the Brownfield Party is
				  financially viable to repay the loan or manage a subgrant for the duration of
				  the agreement,
ii. That the
				  Brownfield Party has or can obtain the financial, managerial, and technical
				  resources in addition to the loan or subgrant to implement fully and complete
				  the proposed remediation,
iii. That
				  the Brownfield Party demonstrates the programmatic capability to meet all state
				  and federal regulations required under the Act, these regulations, and CERCLA
				  §104(k) (as amended) terms and conditions,
iv. That all items contained in the financial
				  application have been addressed by either providing the required information or
				  stating that the item is not applicable. If an item is considered not
				  applicable, the Brownfield Party must include a written justification in the
				  financial application that demonstrates to the satisfaction of MDEQ that the
				  item is not applicable to the financial application, and
v. Rule
				  2.3.2(B)(2).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 3 - REVOLVING LOAN FUND › Rule 11-3-2.3.4 - Loan Terms and Conditions

Current through June 25, 2024
A. Loan Terms and
				  Conditions
1) Interest rates for loans shall
				  be below market rates at a negotiable duration, no greater than ten (10)
				  years.
2) Loans and subgrants shall
				  be issued in accordance with all CERCLA § 104k (as amended) terms and
				  conditions and any other applicable State or Federal financial regulations as
				  it pertains to loans and subgrants.
3) All BRLF loans shall be repaid in full in
				  accordance with the loan terms and conditions. Events of, and remedies for,
				  loan default will be as outlined in the BRLF loan conditions.
4) MDEQ's initial BRLF grant award requires a
				  cost share of 20% which may include but is not limited to "in kind" services.
				  An applicant shall be required to provide the 20% cost share under their loan
				  or subgrant agreement unless waived by MDEQ and EPA. Supplemental BRLF funding
				  from EPA may not require a 20% cost share in the future, and if so, will not be
				  required to be provided by the applicant.
5) Public entity applicants are eligible for
				  a loan discount. The amount of loan discount is negotiable as subject to CERCLA
				  § 104k (as amended) terms and conditions and will be determined on a
				  project specific basis.
6) Where
				  any of the terms and conditions herein conflict with the provisions of CERCLA
				  § 104k (as amended), then the provisions in CERCLA § 104k (as
				  amended) will control.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 3 - REVOLVING LOAN FUND › Rule 11-3-2.3.5 - Insurance

Current through June 25, 2024
Applicant may purchase insurance, including environmental
					 insurance, if the expense is necessary to carry out cleanup activities and
					 associated cleanup activities are carried out in accordance with the terms and
					 conditions of the loan or subgrant.
Miss. Code
					 Ann. §§
											49-35-1, et seq., 49-2-9(1)(b),
					 49-17-17, 17-17-1, et seq., 49-2-1, et seq. and 49-17-1, et
					 seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 3 - REVOLVING LOAN FUND › Appendix 11-3-2-3-A - TIER 1 TARGET REMEDIAL GOAL TABLE

Current through June 25, 2024
Click
					 Here To View Image
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 3 - REVOLVING LOAN FUND › Appendix 11-3-2-3-B - PETROLEUM HYDROCARBON TABLES

Current through June 25, 2024
TABLE 1
PETROLEUM HYDROCARBON INDICATOR COMPOUNDS1
Type of Release
Indicator Compound
Gasoline
Kerosene, Jet Fuel
Diesel, Light Fuel Oils
Heavy Fuel Oils
Crude Oil
Highly Refined Base Oils2
Used Motor Oil, Lubricating Oil
Unknown
T
TPH-GRO
X
X
X
TPH-DRO
X
X
X
X
X
X
X
Volatiles
X
X
X
Acenaphthene
X
X
X
X
X
X
X
Acenaphthylene
X
X
X
X
X
X
X
Anthracene
X
X
X
X
X
X
X
Benz[a]anthracene
X
X
X
X
X
X
X
Benzo[a]pyrene
X
X
X
X
X
X
X
Benzo[b]fluoranthene
X
X
X
X
X
X
X
Benzo[g,h,i]perylene
X
X
X
X
X
X
X
Benzo(k)fluoranthene
X
X
X
X
X
X
X
Chrysene
X
X
X
X
X
X
X
Fluoranthene
X
X
X
X
X
X
X
Fluorene
X
X
X
X
X
X
X
Indeno[1,2,3-c,d]pyrene
X
X
X
X
X
X
X
2-Methylnaphthalene
X
X
X
X
X
X
X
Naphthalene
X
X
X
X
X
X
X
Phenanthrene
X
X
X
X
X
X
X
Pyrene
X
X
X
X
X
X
X
Metals
X
X
Methyl tertbutyl ether
X
X
Methyl ethyl ketone
X3
X
Methyl isobutyl ketone
X3
X
NOTES:
1
ASTM 1995 and TPH Criteria Working Group;
					 for large releases additional indicator constituents may be identified for
					 evaluation.
2
Applies to oils formulated with highly
					 refined base oils including hydraulic fluids (Mineral-oil based hydraulic
					 fluids, Toxicological Profile for Mineral Oil Hydraulic Fluids, Organophosphate
					 Ester Hydraulic Fluids, and Polyalphaolefin Hydraulic Fluids, ATSDR 1994),
					 motor oils, industrial oils, and automatic transmission fluid-type oils (i.e.,
					 severely refined base oils).
3
When suspected to be present.
TABLE 2
TIER 2 PETROLEUM HYDROCARBON TARGET REMEDIATION GOALS
					 (TRGS)
Carbon Fraction
Method
Groundwater (ìg/L)
Soils Unrestricted (mg/kg)
Soils Restricted (mg/kg)
C5-C8
Aliphatic
400
100
500
C9-C12
Aliphatic
4,000
1,000
5,000
C9-C10
Aromatic
200
100
100
C9-C18
Aliphatic
200
100
5,000
C19-C36
Aliphatic
5,000
2,500
5,000
C11-C22
Aromatic
200
200
200
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 3 - Mississippi Commission on Environmental Quality "Right-Way-To-Throw-Away Program" Regulations › Subchapter 1 - Household Hazardous Waste Regulation › Rule 11-3-3.1.1 - Definitions

Current through June 25, 2024
For the purposes of this regulation, the following words
					 shall have the definitions ascribed herein unless the context requires
					 otherwise:
A. "Commission" shall mean
				  the Commission on Environmental Quality.
B. "Department" shall mean the Department of
				  Environmental Quality.
C.
				  "Collection contractor" shall mean a person approved by the Department and
				  retained by a county, municipality, or multicounty agency to operate a
				  household hazardous waste collection and management program.
D. "Household hazardous waste" shall mean any
				  waste that would be considered hazardous under the Solid Waste Disposal Law of
				  1974, Section
				  17-17-1 et
				  seq., Mississippi Code of 1972, or any rules or regulations promulgated
				  thereunder, but for the fact that it is produced in quantities smaller than
				  those regulated under such laws or regulations and is generated by persons not
				  otherwise covered by such laws or regulations.
E. "Applicant" shall mean a county,
				  municipality, or multicounty agency requesting to operate a household hazardous
				  waste collection and management program.
Miss. Code Ann.
					 §§
											49-17-17,
					 49-17-29,
					 17-17-439,
					 17-17-443,
					 17-17-445,
					 17-17-1,
					 et seq., 17-17-401, et seq., 49-2-1, et seq. and 49-17-1, et
					 seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 3 - Mississippi Commission on Environmental Quality "Right-Way-To-Throw-Away Program" Regulations › Subchapter 1 - Household Hazardous Waste Regulation › Rule 11-3-3.1.2 - Applicability

Current through June 25, 2024
These requirements shall apply to all applicants requesting
					 to establish a program for the collection and management of household hazardous
					 waste. Prior to implementation, the Department must approve and certify all
					 proposed household hazardous waste collection and management
					 programs.
Miss. Code Ann.
					 §§
											49-17-17,
					 49-17-29,
					 17-17-439,
					 17-17-443,
					 17-17-445,
					 17-17-1,
					 et seq., 17-17-401, et seq., 49-2-1, et seq. and 49-17-1, et
					 seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 3 - Mississippi Commission on Environmental Quality "Right-Way-To-Throw-Away Program" Regulations › Subchapter 1 - Household Hazardous Waste Regulation › Rule 11-3-3.1.3 - Application

Current through June 25, 2024
A. Any person proposing to establish a
				  program for the collection and management of household hazardous waste must
				  submit an application to the Department. All applications shall be completed by
				  the appropriate person at least 120 days prior to the proposed collection day
				  or prior to the establishment of a permanent facility on forms provided by the
				  Department.
B. Each application
				  shall include, at a minimum, (1) a site plan, (2) a management/operations plan,
				  (3) a health and safety plan, (4) recordkeeping and reporting procedures, (5) a
				  recycling or reuse plan, and (6) a public information and education
				  plan.
Miss. Code Ann.
					 §§
											49-17-17,
					 49-17-29,
					 17-17-439,
					 17-17-443,
					 17-17-445,
					 17-17-1,
					 et seq., 17-17-401, et seq., 49-2-1, et seq. and 49-17-1, et
					 seq..
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 3 - Mississippi Commission on Environmental Quality "Right-Way-To-Throw-Away Program" Regulations › Subchapter 1 - Household Hazardous Waste Regulation › Rule 11-3-3.1.4 - Site Plan

Current through June 25, 2024
The site plan shall describe all pertinent information
					 concerning the site where the collection program will be conducted, and shall
					 include, at the minimum, the following:
A. a description of the general
				  characteristics and location of the site;
B. a U.S. Geological Survey map with the site
				  location identified;
C. a detailed
				  site map (8 ½" X 11" or larger") indicating structure locations, access
				  roads, property lines (the collection facility shall be a minimum of 50 feet
				  from the property line), surface waters (the collection facility shall be a
				  minimum of 250 feet from any surface waters), and water wells (the collection
				  facility shall be a minimum of 250 feet from any public water well).
Miss. Code Ann.
					 §§
											49-17-17,
					 49-17-29,
					 17-17-439,
					 17-17-443,
					 17-17-445,
					 17-17-1,
					 et seq., 17-17-401, et seq., 49-2-1, et seq. and 49-17-1, et
					 seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 3 - Mississippi Commission on Environmental Quality "Right-Way-To-Throw-Away Program" Regulations › Subchapter 1 - Household Hazardous Waste Regulation › Rule 11-3-3.1.5 - Management/Operations Plan

Current through June 25, 2024
A. General
				  description
The applicant shall describe in narrative form the
					 management and collection of the household hazardous waste collection program,
					 discussing all pertinent aspects, including, but not necessarily limited
					 to:
(1) day (s) and hours of
				  operation;
(2) a listing of all
				  waste categories that will be accepted by the facility including an estimate of
				  the amount of waste expected to be collected by waste category;
(3) the name, address, and contact person of
				  the collection contractor;
(4)
				  description of the collection contractor's previous experience, and a list of
				  key personnel's experience and training.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 3 - Mississippi Commission on Environmental Quality "Right-Way-To-Throw-Away Program" Regulations › Subchapter 1 - Household Hazardous Waste Regulation › Rule 11-3-3.1.6 - Safety and Emergency Response Plan

Current through June 25, 2024
The applicant shall describe the procedures to ensure the
					 public's health and safety for any unplanned release of hazardous waste or
					 hazardous waste constituents to the air, soil, groundwater, or surface water.
					 These procedures should include the following:
A. a device, such as a telephone or hand-held
				  two-way radio, capable of summoning emergency assistance from local police
				  departments, or state or local emergency response teams;
B. a fire extinguisher system;
C. a list of eye wash, showers, first aid, or
				  other safety equipment necessary to prevent or mitigate injury to personnel who
				  handle wastes. The applicant shall include detailed information on protective
				  gear that personnel will wear as standard practice;
D. a list of names of all persons qualified
				  to act as emergency coordinator, designating one person as primary contact and
				  listing others in the order in which they assume responsibility;
E. a description of the arrangements agreed
				  to by local police department, fire and rescue, hospitals, and state and local
				  emergency response teams to coordinate and deliver emergency
				  services;
F. a list of contact
				  persons and telephone numbers for the police department, fire and rescue units,
				  hospitals, and state and local emergency response teams;
G. a description of actions which facility
				  personnel are to take in response to fires, explosions, or any release of waste
				  constituents to air, soil, or surface water at the facility;
H. a description of the evacuation plan for
				  the facility in case of an emergency.
Miss. Code Ann.
					 §§
											49-17-17,
					 49-17-29,
					 17-17-439,
					 17-17-443,
					 17-17-445,
					 17-17-1,
					 et seq., 17-17-401, et seq., 49-2-1, et seq. and 49-17-1, et
					 seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 3 - Mississippi Commission on Environmental Quality "Right-Way-To-Throw-Away Program" Regulations › Subchapter 1 - Household Hazardous Waste Regulation › Rule 11-3-3.1.7 - Recordkeeping and Reporting Procedures

Current through June 25, 2024
A. The applicant
				  shall describe procedures for recording the amounts of material received and
				  transported for disposal.
B. The
				  applicant shall describe procedures for the submittal of the following to the
				  Department within 30 days after the collection day or on a quarterly basis for
				  permanent facilities:
(1) the type of wastes
				  collected;
(2) the amounts of waste
				  collected, by waste type;
(3) the
				  method utilized for disposal, by waste type.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 3 - Mississippi Commission on Environmental Quality "Right-Way-To-Throw-Away Program" Regulations › Subchapter 1 - Household Hazardous Waste Regulation › Rule 11-3-3.1.8 - Recycling and Reuse Plan

Current through June 25, 2024
The applicant shall describe in detail the procedures used
					 for the recycling or reuse of nay of the collected household hazardous
					 wastes.
Miss. Code Ann.
					 §§
											49-17-17,
					 49-17-29,
					 17-17-439,
					 17-17-443,
					 17-17-445,
					 17-17-1,
					 et seq., 17-17-401, et seq., 49-2-1, et seq. and 49-17-1, et
					 seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 3 - Mississippi Commission on Environmental Quality "Right-Way-To-Throw-Away Program" Regulations › Subchapter 1 - Household Hazardous Waste Regulation › Rule 11-3-3.1.9 - Public Information and Education Plan

Current through June 25, 2024
A. The
				  applicant shall describe plans to inform the public concerning the collection
				  day, hours of operations, types and amounts of wastes accepted, and the proper
				  transportation of these materials to the collection site.
B. The applicant shall describe any
				  educational presentations and materials to encourage waste reduction,
				  minimization, or recycling that will be made available to the
				  participants.
Miss. Code Ann.
					 §§
											49-17-17,
					 49-17-29,
					 17-17-439,
					 17-17-443,
					 17-17-445,
					 17-17-1,
					 et seq., 17-17-401, et seq., 49-2-1, et seq. and 49-17-1, et
					 seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 3 - Mississippi Commission on Environmental Quality "Right-Way-To-Throw-Away Program" Regulations › Subchapter 2 - Household Hazardous Waste Grant Program › Rule 11-3-3.2.1 - Definitions

Current through June 25, 2024
For the purpose of this regulation, the following words
					 shall have the definition ascribed herein unless the context requires
					 otherwise:
A. "Commission" shall mean
				  the Commission on Environmental Quality.
B. "Department" shall mean the Department of
				  Environmental Quality.
C. "Local
				  government" shall mean a county, municipality, or multicounty agency.
D. "Household hazardous waste" shall mean any
				  waste that would be considered hazardous under the Solid Waste Disposal Law of
				  1974, Section
				  17-17-1 et
				  seq.., Mississippi Code of 1972, or any rules and regulations promulgated
				  thereunder, but for the fact that it is produced in quantities smaller than
				  those regulated under such laws or regulations and is generated by persons not
				  otherwise covered by such laws or regulations.
Miss. Code Ann.
					 §§
											49-17-17,
					 49-17-29,
					 17-17-439,
					 17-17-443,
					 17-17-445,
					 17-17-1,
					 et seq., 17-17-401, et seq., 49-2-1, et seq. and 49-17-1, et
					 seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 3 - Mississippi Commission on Environmental Quality "Right-Way-To-Throw-Away Program" Regulations › Subchapter 2 - Household Hazardous Waste Grant Program › Rule 11-3-3.2.2 - Eligibility

Current through June 25, 2024
All counties, municipalities and multicounty agencies in
					 Mississippi are eligible to apply for funding under the
					 "Right-Way-To-Throw-Away Program".
Miss. Code Ann.
					 §§
											49-17-17,
					 49-17-29,
					 17-17-439,
					 17-17-443,
					 17-17-445,
					 17-17-1,
					 et seq., 17-17-401, et seq., 49-2-1, et seq. and 49-17-1, et
					 seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 3 - Mississippi Commission on Environmental Quality "Right-Way-To-Throw-Away Program" Regulations › Subchapter 2 - Household Hazardous Waste Grant Program › Rule 11-3-3.2.3 - Allocation of Funds

Current through June 25, 2024
A. Monies allocated
				  to counties, municipalities and multicounty agencies can be utilized for the
				  following purposes:
(1) the collection and
				  proper treatment, storage, or disposal of household hazardous waste.
(2) transportation costs associated with the
				  proper treatment, storage, or disposal of the household hazardous waste
				  collected.
(3) costs for
				  administration and dissemination of public information associated with the
				  collection or transportation of household hazardous waste.
(4) other costs determined by the Department
				  to be integral to a successful household hazardous waste program.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 3 - Mississippi Commission on Environmental Quality "Right-Way-To-Throw-Away Program" Regulations › Subchapter 2 - Household Hazardous Waste Grant Program › Rule 11-3-3.2.4 - Applications

Current through June 25, 2024
Entities requesting funding for a "Right-Way-To-Throw-Away
					 Program" shall submit to the Department an original and two (2) copies of a
					 grant application. This application shall contain the following:
A. a completed grant application form, as
				  provided by the Department.
B. a
				  detailed narrative description of the proposed household hazardous waste
				  program.
C. a detailed narrative
				  description of any proposed recycling/reuse activities.
D. the applicant's resolution authorizing the
				  submission of a household hazardous waste grant application.
E. if applicable, a copy of the applicant's
				  intergovernmental compact or agreement between the applicable counties or
				  municipalities.
F. a statement of
				  the applicant's assurances for providing at least 25% local match for the grant
				  request.
G. the applicant's
				  proposed budget, which shall include the program's cost estimate, by major
				  expense category, for the funding being requested.
H. the applicant's agreement with the
				  collection contractor that will be responsible for collecting hazardous waste,
				  and transporting the waste to the appropriate permitted recycling, storage,
				  treatment, or disposal facility.
Miss. Code Ann.
					 §§
											49-17-17,
					 49-17-29,
					 17-17-439,
					 17-17-443,
					 17-17-445,
					 17-17-1,
					 et seq., 17-17-401, et seq., 49-2-1, et seq. and 49-17-1, et
					 seq.