| Chairman McNutt called the meeting to order. |
|
| Trustees Present: |
Absent: |
Don McNutt, Chairman
James Ford, Vice Chairman
John Albert
Rich AuBuchon
Tom Kolb
Danny Opie
Tom Pfeiffer
Melvin Schebaum
Dan Schuette
|
Gary O'Neal
Bruce Work |
| Staff Present: |
|
Carol R. Eighmey, Executive Director
Diane Wallace, Executive Assistant
Tim Duggan, Assistant Attorney General
Bob Clarke, Operations Manager, Williams & Company Consulting, Inc
Pat Vuchetich, General Claims Manager, Williams & Company Consulting, Inc |
| Others Present: |
Ken Koon, MDNR, Tanks Section Chief
David Pate, Midwest Environmental Consultants |
Approval of Minutes
Open Session Meeting – March 28, 2007 – John Albert moved that the minutes from the March 28, 2007 Board meeting be approved. Jim Ford seconded. Motion carried.
Open Email Meeting and Vote – April 25, 2007 – Tom Pfeiffer moved that the minutes from the April 25, 2007 Board meeting be approved. Jim Ford seconded. Motion carried.
Reports from AGO and DNR - Addenda
Chairman McNutt asked if Trustees had any questions on the updated information provided in their meeting notebooks. There were none.
Tim Duggan announced that Dan Massey would be leaving the Attorney General's Office and Don Willoh has been named to continue the work on “FR enforcement” and similar tank enforcement cases.
Monthly Reports and Decision on Funding New Remedial Claims
Chairman McNutt invited the Trustees to review the monthly reports.
Tom Kolb moved that the Board approve funding for the six new remedial claims. Tom Pfeiffer seconded. Motion carried.
Project to Find Regulated Sites with Potential Remedial Claims
Chairman McNutt invited Ms. Eighmey to review this project with Trustees. She explained that the PSTIF and the DNR are undertaking a joint project to identify the owners of properties where regulated USTs previously operated, but there has not been a complete or final “closure,” and/or DNR has not issued a “No Further Action” letter. She emphasized the purpose of the project is to contact these property owners and let them know they are eligible for benefits from the PSTIF, prior to the scheduled sunset date of December 2010. She noted results of the initial research will be available by the end of Summer 2007, and discussions will ensue at that time on how and when to contact these property owners.
Ken Koon added that the Department is using two summer interns to review files and update DNR's tanks database, and that it appears many of the sites initially identified are ones for which DNR did, in fact, issue a “No Further Action” letter in the early or mid-1990's, but that fact was not recorded in the database at the time. It was also noted that some of the properties are ones where no evidence of an old underground tank can now be found, and the Department will have to decide whether to require further action by the property, or will simply close those files. Both Ms. Eighmey and Mr. Koon promised to provide further information to the Board at a future meeting.
Legislative Report
Chairman McNutt directed Trustees to the information provided in their notebooks concerning legislation passed by the Missouri General Assembly. It was noted that none of the various versions of a “delivery prohibition” bill were enacted.
Appropriations – Ms. Eighmey noted that all requested appropriations from the PSTIF, including those for DNR, AGO, and Department of Revenue, were included in the budget enacted by the Legislature for FY08, except that the additional spending authority requested by the Attorney General's Office to help support their FR initiative was not.
EPAct Implementation
John Albert announced that a draft rule filed with the Secretary of State's Administrative Rules Office regarding “Financial Responsibility” for manufacturers, installers and repairers is scheduled to be published in the July 1 State Register. He also reported that some equipment companies are urging the State to use this opportunity to provide better oversight of UST installations, and that he will be discussing this further with PSTIF and DNR staff.
Ms. Eighmey expressed concern about the federal law and EPA's draft guidelines for Operator Training; she pointed out difficulties with the definitions of “Class A, B, and C operators” and predicted that the record keeping requirements will be difficult at best. She suggested some states will choose not to implement this provision of the federal law, particularly if the financial consequence in reduced federal funds is less than the cost of implementing it.
Dan Schuette commented that the Department may look to the Board to replace federal funding that may be lost, if Missouri decides not to implement one or more provisions of the federal law.
Several Trustees agreed that the training requirements appear to be onerous, and that record keeping would be quite difficult. Tom Kolb asked why EPA thinks it is necessary. Ken Koon responded that the training requirements appear in the federal law enacted by the U.S. Congress, and that there are many states where the level of compliance with leak detection requirements and other operating regulations is far worse than in Missouri.
Ms. Eighmey emphasized that, under current state law, the PSTIF cannot insure a tank owner/operator who is not in compliance with DNR's UST operating requirements, and that if Missouri imposes a training requirement, it could mean that the PSTIF would be unable to insure anyone who had not complied with it. All agreed further study and discussion of this issue is warranted.
Administrative Issues
Billings – Chairman McNutt noted the list of bills in the notebooks and invited Trustees to review any of the invoices they wished.
Jim Ford moved that the Board go into closed session to discuss and vote on matters related to legal actions, causes of action, litigation, and/or personnel issues pursuant to Section 610.021, RSMo. Tom Kolb seconded. Motion carried.
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