Vice Chairman Ford called the meeting to order. |
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| Trustees Present: |
Absent: |
Jim Ford, Vice Chairman
Mark A. Kaiser (for Renee Slusher)
Tom Kolb
Ski Mariea
Danny Opie
Chris Pieper
Melvin Schebaum
Bruce Work
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Don McNutt, Chairman
John Albert
Tom Pfeiffer |
| Staff Present: |
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Bob Clarke, Operations Manager, Williams & Company Consulting, Inc.
Tim Duggan, Assistant Attorney General
Carol R. Eighmey, Executive Director
Dan Henry, Claims Coordinator, Williams & Company Consulting, Inc.
Diane James, Executive Assistant
Pat Vuchetich, General Claims Manager, Williams & Company Consulting, Inc.
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| Others Present: |
Rebecca Brinkley, Division of Purchasing & Materials Mgmt, OA
Ken Koon, Chief, Tanks Section, Hazardous Waste Program, MDNR
Mike Martin, Compliance/Enforcement Section, Hazardous Waste Prgm, MDNR
Jack McManus, Chief Counsel, Agriculture & Environment Division, AGO
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Approval of Minutes – March 17, 2010 -Open Session Meeting
Bruce Work moved that the minutes from the March 17, 2010 Board meeting be approved. Ski Mariea seconded. Motion carried.
Monthly Reports
Vice Chairman Ford invited questions on the monthly reports and the large-loss claims information. Ms. Eighmey noted that revenues from the transport load fee were lower than expected, so she had made inquiry of Keith Gast at the Department of Revenue, who is checking into this further.
DNR Reports and Updates
Vice Chairman Ford asked Trustees if there were any questions regarding MDNR’s quarterly financial report and monthly activity report; there were none.
Mr. Ford then invited questions from the Trustees regarding the information on the UST site work being done by DNR with the ARRA (“Stimulus”) money. He also asked if there were any questions regarding plans to pay for a management consultant to assist the DNR in reviewing its tanks work; there were none.
Legislative Report
Vice Chairman Chairman Ford invited Ms. Eighmey to review the legislative report, which she did. She briefly reviewed the written report, emphasizing the State’s revenue forecast is poor and that the consensus of experts is that it will be even more difficult to balance the State budget for FY12 than it was for FY10 or FY11. She predicted there may be more support for “sweeping” some of the cash balance from the PSTIF next year.
She also commented on the bill that would have established an Operator Training requirement for UST owners/operators, noting that it “died” on the last day of the session due to other things in the bill. She said this issue will likely be reconsidered by the Legislature next year and clarified that the consequence for Missouri if it does not implement this federal “mandate” is a financial consequence for the DNR, not a penalty imposed on tank owners/operators. She said she does not expect EPA will withhold federal funds from States who have not implemented this requirement in the near future, as EPA has indicated it prefers to continue working with States to try and get all of them to implement an operator training program.
Ultra-Low Sulfur Diesel (ULSD) Problems
Vice Chairman Ford noted that – as with the concerns that surfaced a few years ago among regulators and tank owners about plastic piping – there is beginning to be a current of concern about whether ULSD is accelerating corrosion and/or deterioration of tanks, piping and ancillary equipment. He noted the information provided in the Trustees’ notebooks is for informational purposes so the Board will be aware of the concern. Discussion ensued; no action was taken.
Aministrative Issues
Appointments to Advisory Committee – Vice Chairman Ford asked Trustees to look at the additional page distributed at the meeting on which new appointments for the Advisory Committee were listed. Suggested new members are: Bruce Barnes, Santie Oil Company; Stewart McIntyre, Big River Oil; Charlie Patel, H E of Kansas City; Zavar “Bobby” Lodhi, Lion Petroleum; and Phil Farrell, Double Check Company. Tom Kolb moved to approve the appointment of these five additional members to the PSTIF Advisory Committee. Ski Mariea seconded. Motion carried.
Briefing – EPA Region 7 All-States Meeting – Ms. Eighmey briefed Trustees on the recent meeting, noting that one good idea that came from the meeting was to improve the inter-state coordination among enforcement personnel and attorneys, since it is more common for an owner to own UST sites in multiple states now than in the past.
Billings– There were no questions from the Trustees on the invoices paid since the last meeting.
Bruce Work 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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