Legalectric

Overland_Comments_3-10-2015

And what are the Comments about?  Here’s the Plan:

Draft MN State Rail Plan

Why does it take as long for media to pick up an explosion and long burning waste disposal site near Williston, ND as it does for a train derailment in Ontairo?

Here’s the poop on yesterday’s (3:20 a.m.) explosion in Williston:

KXNEWS, ND: Waste Disposal Ste near Williston Explodes

Valley News: Dangerous Fire Breakes Out at Waste Disposal Site South of Williston

Bakken.com: Explosion razes waste disposal site near Alexandria , which has the most details:

A fire so massive that it could not be approached by firefighters erupted after an explosion at an oil waste disposal site north of Alexander, North Dakota. According to KXNews, McKenzie County Emergency Manager Karlin Rockvoy said the only thing to do at first was watch the fire burn itself out.

The explosion occurred at approximately 3:30 a.m. Emergency responders from both Williston and Alexander established a perimeter around the site to ensure the safety of anyone in the area. Five employees at the facility escaped unharmed, one of whom reported jumping out of the way just in time.

Firefighters were able to get the flames under control by midmorning, though the cause of the explosion is still unknown.

The complex, which undertook the treatment and disposal of oilfield waste, was completely destroyed during the incident. According to the Bismarck Tribune, Rockvoy reported that any damage caused by the explosion was contained by a surrounding embankment.

The waste disposal site was owned by Tervita, a company which specializes in dealing with industrial waste while focusing on environmentally conscious solutions. The facility was operated by Republic Services, which recently acquired Tervita, LLC, a subsidiary of Tervita Corporation. The merger heightened Republic Services’ presence in the oil and gas waste sector.

Bismarck Tribune: Explosion at oil and gas waste disposal site contained

Google this and find all of five media posts…

Reuters File Photo

As if last month’s Bakken BOOM! derailment wasn’t enough, well, as of around 3 a.m. there was ANOTHER one in Ontario, this one just 37 km from the one a few weeks ago.  Hwy 144 and Hwy 101 are closed.  Local residents are told not to drink water.

From CP24, Toronto: Fire burning after train carrying crude oil derails in northern Ontario

“We have two exits in Gogama to get in and out of town and the bridge apparently is burned down,” Veronneau said. “So now we have one other exit, which is relatively close to where all of this is going on.”

… “My inn is about 200 feet from the train tracks and it’s a major concern for the people in town … If it had happened in the middle of town we wouldn’t be having a conversation right now because we would have gotten taken out. It would have been horrible being this close and the track runs right through the middle of Gogama.”

Reuters: UPDATE 4-Canadian Nat’l crude train derails in Ontario, on fire, leaking

From The Star:

CN train with crude oil derails, catches fire in northern Ontario

The TSB reiterated that it wants tougher standards than CPC-1232 for all Class 111 tank cars.

At the February 11, 2015 meeting of the Silica Sand Advisory Panel, at least two of the agency speakers said they wanted comments on the rule drafts in 30 days or so, and that 30 days is almost up.  BUT, it’s been hard to find those drafts, and it’s even harder to make comments on something not findable!  They are not posted on the Advisory Panel site.

Also, I’ve heard several times that “the legislature will block these new rules” or some such, and I can’t get a read on what exactly is the concern, but the legislature isn’t going to block rulemaking because there’s nothing the legislature can do to block a rulemaking proceeding, it does not require legislative approval.  Now they could change the law, and repeal the rulemaking requirement, but change the law?!?!  That’s highly unlikely “they” could.

The deadline is extended to March 18 via an email from Nathan Cooley, MPCA:

Dear Panel Members and Alternates,

In addition to the reminder of a deadline to provide your input (which Heather asked me to extend from Friday 3/13 to Wednesday 3/18/2015), staff have asked me to forward working copies of preliminary draft working language in MS Word format to improve input convenience:

Thanks!

Sincerely,

 

Nathan Brooks Cooley

Rulemaking Coordinator

651-757-2290 v

651-297-8676 x

Big thanks to Nathan Cooley and Catherine Neuschler of the MPCA for being responsive and coughing up the drafts!  Both PDFs and WORD are below, because track changes may be helpful:

PDF Draft Rules:

DNR Rule (pdf) Draft Silica Sand Reclamation Rule_2015_03_03

MPCA Air Emissions (pdf) 20141125 Draft Silica Sand Emission Rule (3)

MPCA Air Monitoring (pdf) EXHIBIT M

EQB Rule (pdf) Preliminary EQB_Draft Rules_ Definitions__2_19_2015

WORD Draft Rules (for track changes comments):

DNR Rule (docx) Draft Silica Sand Reclamation Rule_2015_03_03

MPCA Air Emissions (docx) 20141125 Draft Silica Sand Emission Rule (3)

MPCA Air Monitoring (docx) EXHIBIT M

EQB Rule (docx) Preliminary EQB_Draft Rules_ Definitions__2_19_2015

Have at it, folks, and get your comments to your Silica Sand Advisory Panel Representatives:

Local government representatives

• Keith Fossen, Hay Creek Township
• Allen Frechette, Scott County
• Kristi Gross, Goodhue County and Minnesota Association of County Planning and Zoning Administrators
• Beth Proctor, Lime Township
• Lynn Schoen, City of Wabasha

Citizen representatives

• Jill Bathke, resident of Hennepin County (MCEA)
  
• Katie Himanga, resident of Lake City
• Jim McIlrath, resident of Goodhue County
• Vince Ready, resident of Winona County
• Kelley Stanage, resident of Houston County

Industry representatives

• Doug Losee, Unimin Corp.
• Tom Rowekamp, IT Sands LLC
• Aaron Scott, Fairmount Minerals
• Brett Skilbred, Jordan Sands and Industrial Sand Council
• Mike Wallenius, Unimin Corp.
• Tara Wetzel, Mathy Construction and Aggregate and Ready Mix Association

BNSF Update (21 cars derailed, 5 burning)

Another BNSF Bakken oil BOOM! train has derailed and blown up.  Evacuations are happening as I type within a 1 mile radius of the wreck.  DOH!  How much more of this will we have to take?

Access will be a problem on this one too, “had to access it by bike trail.”  Great, just great… They couldn’t get to the source of the fire, and had to leave quickly for safety reasons, abandoning over $10k of equipment at the site.  They’re going to “let it burn out.”  Could be a while.  EPA is on way from Chicago, BNSF crews from area.  There’s some good video on the KWQC link way below.   The oil is going down from the railroad grade, burning, and trees down there are on fire too, it’s a wooded area, and could go up in flames.  It’s not directly on the river, but the river isn’t that far away.

Dubuque Telegraph Herald — UPDATE: Evacuations underway as railcars burn near Galena

WQAD: Train carrying oil derails near Galena, Illinois

STrib: BNSF freight train loaded with crude oil derails near Illinois city of Galena, catches fire

Chicago Sun-Times: State agencies mobilize after crude oil train derails near Galena

Posted at Chicago Sun-Times:

KWQC: Clean-up crews on scene at train derailment site near Galena, Ill.

Visible on the ski slope cameras:  Live slope top cameras located at Chestnut Mountain Ski Resort.  Dark now, but should be visible again tomorrow.

Reuters: BNSF oil train derails in rural Illinois; two cars aflame

KWWL: UPDATE: 8 train cars derail; 2 continue to burn crude oil