Michael L. ParsonGovernor
Governor Office Building
Room 470
Jefferson City, MO
Start Time: 9:34 a.m.
Chairman McNutt called the meeting to order. He introduced Marty Miller from the Department of Natural Resources (filling in for Harry Bozoian) and Mary Mulhearn from the Attorney General’s Office (filling in for Tim Duggan).
Trustees Present:
Don McNutt, Chairman
Jim For, Vice Chairman
John Albert
Tom Pfeiffer
Tom Kolb
Ski Mariea
Marty Miller (for Harry Bozoian)
Danny Opie
Melvin Schebaum
Renee Slusher
Staff Present:
Carol R. Eighmey, Executive Director
Dan Henry, Williams & Company Consulting, Inc.
Diane James, Executive Assistant
Mary Mulhearn (for Tim Duggan), Attorney General’s Office
Pat Vuchetich, Williams and Company Consulting
Dave Walters, Williams and Company Consulting
Others Present:
Lynn Graves, Graves & Associates, CPA’s
Ron Leone, Executive Director, MPCA
Laura Luther, Tanks Program, Department of Natural Resources
Heather Peters, Compliance/Enforcement Section,
Hazardous Waste Program, MDNR
Chris Veit, Tanks Program, Department of Natural Resources
Review and Approval of Minutes – September 19, 2012 Open Session Meeting
Melvin Schebaum moved that the minutes from the September 19, 2012 Open Session Board meeting be approved. John Albert seconded. Motion carried.
Monthly Reports
Chairman McNutt invited comments or questions about the financial statements or monthly reports. Ms. Slusher reported that the court case involving estimated appropriations is still pending, and there have been no recent developments.
FY12 Audit
Chairman McNutt introduced Lynn Graves from Graves & Associates to present the FY12 Audit Report. Mr. Graves reviewed the audit and accompanying management letter, pointing out various trends and figures. He said no unacceptable conditions had been found.
Tom Kolb moved to accept the FY12 Financial Audit report as presented. Ski Mariea seconded. Motion carried.
Chairman McNutt thanked Mr. Graves for his work on the audit.
Vote on Final Orders of Rulemaking
Chairman McNuttdirected Trustees to the rule amendments in their notebooks, noting that the amendments involve the Board’s Definitions rule and Participation rules. He announced that no comments were received during the public comment period. He noted that if the Trustees approved the final rules today, they would go into effect on March 30, 2013, and suggested voting on all three rulemakings together.
Renee Slusher moved to approve all three Final Orders of Rulemaking. Ski Mariea seconded. Motion carried.
UST Losses During FY12
Chairman McNutt introduced David Walters, Williams & Company’s new claims manager, to present the annual review of UST leaks. Mr. Walters described each leak and showed photographs of the components that failed. He described response actions, subrogation potential, costs and reserves for each.
Discussion followed concerning the fact that several of the leaks involved failed flex connectors or O-rings. Renee Slusher suggested putting something in the next PSTIF newsletter, encouraging owners/operators to be alert to problems with these components.
Chairman McNutt thanked Mr. Walters for his presentation.
UST Operator Training – Draft Rule
Chairman McNuttinvited Ms. Eighmey to review the draft rule on Operator Training. She explained that the rule would combine Class A and Class B, as most states have done. She noted that there are numerous vendors offering training for Class A/B operators and that many of these training programs have been reviewed and approved by one or more of Missouri’s adjacent states. The draft rule would allow any person who has successfully completed a training program offered or approved by an adjacent state to be automatically certified in Missouri.
In addition, the rule envisions a web-based test that any Missouri operator could access and take, free of charge, to demonstrate his/her knowledge of UST operating rules and maintenance requirements. Finally, as is the case in other states, the draft rule anticipates Class A/B operators would to train Class C operators, such as store clerks.
Discussion followed. Trustees noted that some tank owners have their own in-house training programs and asked how the rule would accommodate those; Ms. Eighmey said those personnel could either be automatically certified, if their corporate training program had already been approved by an adjacent state, or those operators could use Missouri’s online test to demonstrate their competence and be certified in Missouri.
Other trustees noted that, in addition to an online test, Missouri will likely need to develop an online training program for operators who have no corporate training program and are not certified in an adjacent state.
It was noted that there are some implementation details that remain to be worked out, and that more information will be shared in coming months as the draft rule is reviewed and discussed with DNR, MDA, EPA, the PSTIF Advisory Committee, and others.
DNR Quarterly Report
Chairman McNutt asked if there were any questions or comments on any of the information provided by DNR and thanked DNR for providing the information; there were no questions or comments.
Updates
TRC Project – Chairman McNutt noted the information in the notebook; there were no questions.
RBCA – Chairman McNutt said another meeting is scheduled with the DNR Director, MPCA, and the PSTIF to discuss RBCA and that he is optimistic that agreement can be reached to implement several agreed-upon changes by the time the Hazardous Waste Management Commission meets on December 20. He said he hopes that by the January Board meeting, Ms. Eighmey will be able to report that this longstanding issue has been successfully resolved.
EPA Issues – Chairman McNutt expressed the Trustees’ concern about EPA’s decision to withhold some of DNR’s funding. In addition, he expressed appreciation for Ms. Eighmey’sassistance to the DNR and MDA in answering EPA’s questions about the Financial Responsibility issue; he said he hopes to hear by the next Board meeting that EPA has accepted Missouri’s program.
Administrative Issues
2013 Board Meeting Dates/Locations – Chairman McNutt asked the other Trustees to mark their calendars with the dates and locations of next year’s Board meetings, with the exception of the May meeting, which may change.
Advisory Committee Appointment – Tom Kolb moved to appoint Jason Smith to the PSTIF Advisory Committee. Ski Mariea seconded. Motion carried.
Billings – Chairman McNutt asked Trustees if they had any questions regarding any of the recent bills; there were none.
Chairman McNutt thanked those in attendance for coming and reminded all present that the next Board Meeting would be on January 16, 2013, at The University Club on MU’s campus in Columbia.
Tom Kolb 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. John Albert seconded. A roll call vote was taken. Motion carried without dissent.