The rulemaking process — nothing changes…
September 13th, 2015
Many thanks to the “little birdie” who brought this decades old report to my attention:
Yes, this is a report from the Minnesota Legislative Auditor from 1993, and if you read it, you’ll see little has changed is so many years… The issues raised are issues we’ve been raising in the Public Utilities Commission rulemaking for Minn. R. Ch. 7849 and 7850 (Certificate of Need and Siting/Routing). AAAAAAAAAAAACK!
For example, from the Summary:
For example, in the PUC Rulemaking for 7849 and 7850 (PUC Docket 12-1246), it’s been an over two-year-long process, and few are showing up anymore. We weigh in, some things are taken into account in the drafts, and then that disappears from the next draft. How can it feel like anything but a colossal waste of time? Yet if we weren’t there, the utilities would get everything they want. And as with the utility Certificate of Need and Siting/Routing processes, rulemaking has the same notice and public participation problems. It’s all the same, deja vu all over again.
… and also from the report …
Does this sound familiar?
So what is the bottom line of this report?
Also, we recommend the following additional changes to the Administrative Procedure Act:
… and …
In addition to changing the APA and other statutes that govern agency rulemaking, we recommend that:
Comments due on Tiller… errr… Titan Lansing sand plant
August 19th, 2015
Air Permits at the MPCA! Time to sit right down and write a Comment to the MPCA about the Titan Lansing sand processing and loading facility in North Branch. Scroll down for the primary documents.
Send Comments, by Friday, August 28, 2015, to:
Andrew Luberda
email: andrew.lubera@state.mn.us
Air Quality Permits Section Industrial Division
MN Pollution Control Agency
520 Lafeyette Road North
St Paul MN 55155
The notice does not list an email for Luberda or a MPCA comment url, so I called him up to get his email. I asked if they’d correct this omission, and got a non-responsive response.
Tiller Sand transloading facility… If you recall, this was that Tiller Sand facility that they built and started operating WITHOUT ANY PERMITS, just went ahead and did it. That said, their history isn’t exactly as pristine as… well… as pristine as frac sand!
January 25, 2013 – Tiller Corp. is penalized for air-quality violations
November 20, 2014 – Tiller Corporation penalized for air-quality violations
Then it was sold to Titan Lansing in November 2014 (see comments about air quality and permits in this article).
In the Chisago County Press here’s the poop about the MPCA Air Permit and info on how to file a Comment, great info about various Comment and administrative options (not that the MPCA ever does contested cases):
Here’s the scoop from the Minnesota Pollution Control Agency:
Open for public comment through Friday, August 28, 2015. Send Comments to:
Andrew Luberda
email: andrew.lubera@state.mn.us
Air Quality Permits Section Industrial Division
MN Pollution Control Agency
520 Lafeyette Road North
St Paul MN 55155
StB Frac Sand Conference in Lake City
May 9th, 2015
Today was the Save the Bluffs sponsored “Conference for Frac Sand Activists: Networking, Learning, Advocating.” Katie Himanga did a tremendous job organizing this, great turnout, and I came back energized!
Here’s my presentation on “Opportunities for Legal Intervention” (as opposed to not so legal??? hmmmmm):
Overland Handout
LOBBYISTS ‘R’ US (this is OLD!)
People were VERY interested in both Intervention in a permitting and proceeding and in Application for a change in Zoning Ordinance. Both of these are important because they put “the people” in the driver’s seat, through becoming a party in the proceeding, or through becoming the applicant.
INTERVENTION IN LOCAL GOVERNMENT PERMITTING PROCEEDING
Intervention in a permitting proceeding is authorized under Minn. Stat. 116B.09, Subd. 1. This is useful where a project has been proposed and applied for, because it gives you a seat at the table:
Here’s an example where a party has intervened, in this case in a City of Minneapolis permitting proceeding:
Here’s an example of a simple Petition (I’d recommend adding more narrative and supporting documents):
APPLICATION FOR ZONING CHANGE
Pretty much anyone can apply for a Zoning Ordinance change. It was done to get the Goodhue County Wind Ordinance moving, and got a county Wind Study Committee started under the Planning Advisory Committee to put the Ordinance together. The same thing happened with Silica Sand mining, a Silica Sand study committee was formed, but it wasn’t utilized in this instance nearly as much as it was for the Wind Ordinance.
Here’s the Application for Goodhue County, which also explains how the process works, what to do, etc. It’s pretty simple, apply and the process begins slowly grinding forward. Most Counties will have their application online:
Goodhue County_2015 Change of Zone_201501090914372783
Here’s the Save the Bluff’s Petition for a Goodhue County Zoning change that got StB a seat at the table:
Binder-Zoning Change Application-FINAL
Here are a few of posts from PAC and County Board meetings during that time as it slowly went through the county process:
Silica Sand Mining 1,000 ft setback from Public Waters – August 19th, 2014
Monday 6p – Silica sand at Goodhue PAC Meeting -November 16th, 2013
Most interesting Goodhue PAC meeting – August 20th, 2013
Goodhue County extends moratorium – August 6th, 2013
Save the Bluffs files Application for Zoning Ordinance Change – July 15th, 2013
Comments for MnDOT Rail Plan filed
March 10th, 2015
Overland_Comments_3-10-2015
And what are the Comments about? Here’s the Plan:
Draft MN State Rail Plan
Bakken waste disposal site exploded and burning in Williston
March 8th, 2015
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:
Bismarck Tribune: Explosion at oil and gas waste disposal site contained
Google this and find all of five media posts…