Capitol View Room
Jefferson City, MO
Start Time: 9:35 a.m.
Chairman McNutt called the meeting to order.
Don McNutt, Chairman
Jim Ford, Vice Chairman
Curtis Wall (for John Albert)
Tim Duggan, Assistant Attorney General
Carol R. Eighmey, Executive Director
Dan Henry, Williams & Company Consulting
Diane James, Executive Assistant
Patrick J. Vuchetich, Williams & Company Consulting, Inc.
David Walters, Williams & Company Consulting, Inc.
Keith Gast, Excise Tax Manager, Division of Taxation, DOR
James Greer, MFA Oil Company
Meredith Kenworthy, Environmental Works, Inc.
Ken Koon, Tanks Section, Hazardous Waste Program, DNR
Ron Leone, Executive Director, MPCA
Dwayne Maples, Business Tax Administrator, Division of Taxation, DOR
Jack McManus, Agriculture and Environment Division, AGO
Heather Peters, Compliance/Enforcement Section, Hazardous Waste Program, DNR
Jason Smith, Environmental Works, Inc.
Kristin Stokely, Attorney General’s Office
Jim Ford moved that the minutes from the March 18, 2015 Board meeting be approved as written. Ski Mariea seconded. No corrections or additions were offered; motion carried.
The financial statements, monthly activity reports, and large-loss claims report were reviewed.
Chairman McNutt thanked DNR for the report contained in the Trustees’ notebooks and invited questions or comments, noting about 40% of the money provided by the Board is used by DNR to pay its staff who oversee cleanups. There were no other comments.
Transport Load Fee
Chairman McNutt introduced Dwayne Maples and Keith Gast from the Department of Revenue to discuss collection of the transport load fee. Mssrs. Maples and Gast briefly summarized the process by which petroleum taxes and fees are collected. They explained how the timing of payments may vary from month-to-month, creating significant monthly fluctuations in revenue to the PSTIF.
Trustees asked some questions to clarify their information, including how information is shared and coordinated with surrounding states to assure accuracy. Mr. Gast noted Missouri’s fuel taxes are lower than most of our adjacent states, which provides a disincentive for under-reporting the volume of fuel used in Missouri.
It was noted that using accrual accounting would result in more predictable and consistent monthly revenues; Mr. Gast said the Department had never considered that approach and has always used a cash accounting basis for recording revenues.
Chairman McNutt thanked Messrs. Maples and Gast for attending the meeting. He commented that the Department of Revenue’s collection efforts are an important aspect of PSTIF operations and suggested the Trustees should invite a Department of Revenue representative to a meeting at least once every two years.
Chairman McNutt noted an updated legislative report had been distributed at the meeting and asked Ms. Eighmey to review it. She said she did not have to spend as much time at the Capitol this year as in some past years, as there were few bills that directly impacted the PSTIF. She briefly reviewed the summary in the Trustees’ notebooks.
Marty Miller corrected information related to SPCC plans, noting federal rules would still define which tank sites are subject to them, regardless of the change in the state’s definition of “waters of the state.” Ms. Eighmey concurred.
Ron Leone offered his views on the session, noting fewer bills were passed in the final weeks due to some unusual political dynamics. He confirmed that Senator Schaefer’s bill to “sweep” various state funds never had a hearing.
Update – Accelerating Cleanups
Chairman McNutt invited questions or comments from Trustees on this subject. Marty Miller suggested the figure in the notebooks on the number of “No Further Action letters” issued by DNR was inaccurate, indicating he thought the correct number was 48. Ms. Eighmey agreed the data in the materials was likely wrong and said she would verify and send correct data to the Trustees in a few days.
She expressed appreciation to Ken Koon and Dave Walters for their commitment to focus efforts on the 27 files where a release was confirmed in the early 1990’s and the USTs that leaked were still in use, noting all these cleanup projects are 20+ years old or older.
Trustees asked various questions about why cleanups take so long and urged DNR and PSTIF to continue their efforts to complete cleanups and close files more expeditiously.
Other Updates and Administrative Issues
Trustee Appointments – Chairman McNutt reported information indicating Governor Nixon plans to appoint someone soon to replace Melvin Schebaum as the Trustee representing AST owners; he noted that since the legislature has adjourned its regular session for the year, any new appointee would begin serving immediately and the Missouri Senate would have to confirm the appointment within thirty days after reconvening in January 2016. He and Ms. Eighmey asked anyone who has opportunity to continue encouraging the Governor’s staff to make the two additional appointments that are needed.
EPA UST Rules – Chairman McNutt mentioned the new rules are now expected to be issued in June.
Report on ASTSWMO Mid-Year Meeting – Ms. Eighmey briefly summarized the meeting, reporting at least 20 states and EPA participated and that accelerating the pace of cleanups was a prominent topic of discussion.
Billings – Chairman McNutt asked if there were any questions about the billings; there were none.
Chairman McNutt thanked those in attendance for coming and reminded all present that the next Board Meeting would be on July 29, 2015 at The University Club on MU’s Campus in Columbia.
Chairman McNutt then asked that the Board go into closed session to:
Jim Ford moved that the Board go into closed session to discuss the matters identified by the Chairman, as authorized by Section 610.021, RSMo. Tom Kolb seconded. A roll call vote was taken; motion carried without dissent.
Chairman McNutt adjourned the open session meeting at 10:36 a.m.