Legalectric

For quite a while now we’ve been wrestling with how to assure “financial assurance” so that silica sand operators won’t shut down and leave the area looking like the moonscape.  Obviously this was not done successfully on the Range where mines closed, leaving barren piles, abandoned buildings and sites, and pits overfilling with water, we need to learn from that mess.  So we’ve been talking about it, even to the extent of getting reclamation legislation, which in my mind is in large part to assure “financial assurance” to enable the ability to do reclamation:

Sec. 105. RULES; SILICA SAND.

(b) The commissioner of natural resources shall adopt rules pertaining to the reclamation of silica sand mines. The rulemaking is exempt from Minnesota Statutes, section 14.125.

Add to that the DNR head’s very scary statements regarding PolyMet mining:

“If we ever get to a point in time where (pollution from the PolyMet site) can’t be handled, (it’ll be) because humanity changed, because World War Z came along and zombies took over. As long as there are people, there’ll be people to fix it,” Landwehr said.

The people who destroyed it are the ones who need to fix it, not the “As long as there are people, there’ll be people to fix it…”

So how to do it?  Well, it turns out there is foundational language already in the rules for landfills — something we can use as a starting point.  DOH!  Why is this just coming out now, in the EQB’s DRAFT?  Yes, it’s good to know (sorry, folks, I do not know what’s in every rule in the state) (and apparently I’m not the only one!), but shouldn’t this have been brought out early on when all the local governments started wrestling with this?

The DNR and the DNT are tag teaming in a PR effort that is so offensive.  And in writing this, I’m reminded of my past life working at HCMC, where DNR was “Do Not Resuscitate” and DNT meant “Do Not Treat.”

Apparently the DNR has been touring Minnesota setting up the scene for the PolyMet hearings on the Environmental Impact Statement, and based on DNR handling of the public at a previous hearing.  Remember where they held a “hearing” and rather than have a public comment session, they ushered people off behind the curtain to testify to ONLY a court reporter, who took down their testimony?  WOW.  And now it appears that they’re afraid of what’s coming at the hearings Thursday and through the rest of the month.

This is looking bizarre to me:

“If we ever get to a point in time where (pollution from the PolyMet site) can’t be handled, (it’ll be) because humanity changed, because World War Z came along and zombies took over. As long as there are people, there’ll be people to fix it,” Landwehr said.

Looks like Minnesota should put Landwehr in charge of nuclear waste!

… and the Duluth News Tribune “view” is more than a little offensive, foreshadowing in the first sentence is disgusting…  “The coming chaos” … “expected to feature busloads of high-volume opposition,” … oh, really…

When I google “PolyMet Hearings January” what is the first thing to pop up:

PolyMet backers plan bus convoy to hearing January 16

So it sounds like the big push in process is by PolyMet for “busloads of high-volume” BACKERS.

Get it right, Duluth News Tribune.  Your “Insist on civility” sounds more to me like a pre-emptive attempt to quash constitutionally protected comments and dissent!

Here are the hearing times and places:

Thursday, January 16, 2014
DECC – Duluth Entertainment Convention Center
350 Harbor Dr, Duluth, MN 55802
5:00 p.m. – open house
6:45 – 10:00 p.m. formal presentation and public comment period

Wednesday, January 22, 2014
Mesabi East High School
601 N 1st St W, Aurora, MN 55705
5:00 p.m. – open house
6:45 – 10:00 p.m. formal presentation and public comment period

Tuesday, January 28, 2014
Saint Paul RiverCentre
175 West Kellogg Blvd, Saint Paul, MN 55102
5:00 p.m. – open house
6:45 – 10:00 p.m. formal presentation and public comment period

I just sent this LTE in response to their editorial below:

Get it right, Duluth News Tribune.  Your “Insist on civility” editorial was offensive on so many levels, baiting and fear-mongering included.  Beginning with the first sentence, you foreshadow opposition to PolyMet and with “Minnesota not-so-nice” you attempt to quash it and delegitmize constitutionally protected speech.  You show fear of “busloads of high-volume opposition” but when I googled “PolyMet hearings January” the first thing to pop up is an article entitled “PolyMet backers plan bus convoy to hearing Jan. 16.”  Just who is rounding up the volatile busloads of high volume people?  An editorial like yours is irresponsible, with an impact of lighting a match and throwing gas on it.  A more responsible approach would be to urge people to exercise their right to a hearing and their right to speak their mind.  Attempts to quash speech and opinions usually has the opposite effect.

Here it is, the Duluth News Tribune editorial, with the PolyMet backers plan bus convoy to hearing January 16 article below:

Our view: Insist on civility at PolyMet hearings

The coming chaos, fueled by years of pent-up emotions and expected to feature busloads of high-volume opposition, has been fully expected, ever since the trio of public hearings was announced to gather comments on the environmental review of a proposed PolyMet copper-nickel mine on the Minnesota Iron Range.

So who could blame Minnesota Department of Natural Resources Commissioner Tom Landwehr for making the rounds last week to urge civility and calm and to try to set a positive, productive tone for the meetings, the first of which is scheduled Thursday at the Duluth Entertainment Convention Center? Landwehr and staffers met with MPR, TV news reporters, Iron Range editors, the News Tribune and anyone else, it seemed, who’d listed to a plea for peace.

“The thing I want people to understand is this is not a referendum on mining. If you want to make your opinion known about mining, the capitol is the right place to do that. This is an analysis of the project, and what we’re looking for are people’s thoughts on the analysis,” Landwehr said during his meeting with the News Tribune, including members of the editorial board. “If you want to bring a bunch of people here to get up and say, ‘I hate mining,’ it’s not really going to help the process. … We want people to understand what the project is. I would argue that’s the primary purpose of these meetings, just to educate people on what the project is.”

Read the rest of this entry »

YEAAAAAAAAAAAAA!!!

The Minnesota Public Utilities Commission has just issued the:

Notice Of Comment Period_20141-95340-01

Initial Comments are due by January 29, 2014 at 4:30 p.m.

Reply Comments are due by February 19, 2014 at 4:30 p.m.

That’s plenty of time to say what needs to be said, and scoot in a little trip to a warmer clime before it comes up at the Commission (in March?).

And best of all, the range of issues before the Commission:

So get to writing those comments!

Send comments via email — and be sure to write both docket numbers in the subject and body, i.e., “Comments for Dockets 11-152 and 12-113” — send to:

PublicComments.PUC@state.mn.us

A warm afternoon of Standards & Criteria review…

Free range discussion and comment prep…

Refreshments available at the Co-op’s goodie counter…

Who could ask for more!!!

January 16, 2014, from 3:30 – 6 p.m.

Riverbend Market Co-op – Downstairs

417 Main Street, Red Wing

Join us at Riverbend Market Co-op’s meeting room downstairs for some encouragement, grab some Riverbend refreshments, spread out over tables, and get to it writing comments.  I’ll have a big extension cord and strip for those of us with fading batteries. Comments are due January 27, 2014, so we’ve got some time…

Here’s the link to the draft to be reviewed — bring a copy to mark up:

Tools to Assist Local Governments in Planning for and Regulating Silica Sand Projects:

The public comment period has been extended to January 27, 2014.

Comments can be sent via e-mail to: silicasand.eqb@state.mn.us

Be there or be square!

Riverbend Market Co-op

Thursday, January 6th, from 3:30-6 p.m.

Special thanks to Riverbend Market Co-op for use of their space — or should I say “our” space?  Stop in and shop! Become a member, it’s easy!

I don’t know much about this, but I’m learning.  What I do know, what I’ve learned, is that it CAN happen here… it has.  That is, we’ve had train derailments here in Red Wing, across the river in Hager City, and down river in Winona.  Where there are trains, there are derailments (I’ve not forgotten about low-bridging that Monticello nuclear rotor in downtown Minneapolis in … 1997?)  So what’s to prevent a Lac Megantic or Casselton, ND explosion from happening here?

Where there are trains there are risks, but are we aware of the risks?  Are there new risks? Are we operating on an outmoded understanding of the risks?

In today’s Washington Post:

Senators call for action on oil train derailments

If a derailment and explosion the magnitude of the one in Casselton, ND were to happen here in Red Wing, what would that mean?  If one the magnitude of Lac Megantic were to happen here, what would that mean?

(imagine a graphic illustration here — I’m working on it)

Where are these trains coming from, and where are they going?  I found this great map, it’s set for Bakken oil, and when you go to this link and there’s a map, look off to the right, and you’ll see destinations.  Click on one of the regions and you’ll see that for the middle of the US, you get Hayti, MO and others.  For the East Coast, Delaware City refinery shows up.  GREAT MAP!

CLICK THIS LINK FOR A GREAT MAP SHOWING WHERE BAKKEN OIL GOES (it looks better than this map below)

Are we prepared for Bakken oil trains running through town?  What about increasing knowledge about explodability of oil tanker cars?  What about the discovery that Bakken oil being shipped is more volatile than regular crude oil?  What are we doing to address these new risks?  Even the federal DOT admits that this is not your father’s crude oil:

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is issuing this safety alert to notify the general public, emergency responders and shippers and carriers that recent derailments and resulting fires indicate that the type of crude oil being transported from the Bakken region may be more flammable than traditional heavy crude oil.

Here’s the full 1_2_14 DOT Rail_Safety_Alert

Here’s another issue with Bakken oil, that of increased corrosion:

N. Dakota fracked oil said to corrode rail tank cars, put workers at risk

Of note in that article is that “Montreal, Maine and Atlantic said last week it was forced to file for bankruptcy because of potential liability in the [Lac Megantic] crash.”  Great.  So they’re subjecting us to these risks, and derailments and explosions can and do happen, and now they’re ducking financial responsibility?  Not acceptable.

Now for photos of wrecks:

This week’s train derailment near Plaster Rock, New Brunswick:

Train carrying oil derails, catches fire in New Brunswick, Canada

And one in Wisconsin last March:

Train carrying sand derails near Hatfield

A photo of the staging area for Bakken oil tankers headed for the Delaware City refinery, just 5 miles north of our home in Port Penn, DE.  This parking lot is 14 tracks deep at its deepest, if you go to google earth, look for Delaware City and on the NW edge of town, you’ll see the refinery, and go to the northwest edge, where the refinery turns into corn fields, and there’s the parking lot. It used to be this large oval, like a huge racetrack, and now there’s this new one:

Some examples of derailments from the Red Wing area.

An article I found says this one below was a westbound train, and that the cars were empty.  Good!  But there are a lot of eastbound full ones coming through these days…

This one is from February, 2012:

Directly across the river in Hager City, WI, another one in 2012, found on the City of Red Wing site:

And another derailment in Hager City triggered an evacuation of the town!

Hager City Train Derailment Update

UPDATE: Freight train derails in Pierce County

Back in 2008, another report of a derailment in Winona, with tankers going off into the Mississippi:

2 trains collide in Winona County; cars fall into river A 1,000-gallon liquid propane tank near the tracks was leaking, and nitrogen was leaking from one of the trains that derailed in the 5:30 a.m. crash near Dresbach, officials say. Two freight trains collided head-on before dawn this morning in extreme southeastern Minnesota, sending some of the derailed cars into the Mississippi River, authorities said. A 1,000-gallon liquid propane tank stationed next to the tracks in Dresbach and used to heat a switching station was leaking, as was liquid nitrogen from one of the trains, said spokesman Dave Belz of Winona County Emergency Management. The nitrogen is not considered a health hazard, Belz said, but the propane leak has prompted officials to evacuate the 15 residents from a nearby veterans home “because of wind shifts.” Two train crew members were taken to a hospital but only as a precaution, said Mike LoVecchio, a spokesman for Calgary-based Canadian Pacific, the railway that operates the two trains. “We are not counting them as injuries.” LoVecchio said 18 or 19 cars derailed. Authorities on the scene said the number was closer to 40. Emergency Management Deputy Director Joyce Tlougan, said, one of the engines is in the river, “not totally submerged, but it is in there.” The north-south tracks run parallel to the river and Interstate Hwy. 90, where traffic continued to flow normally, Belz said. The tracks are about 20 to 30 feet up a slight embankment from the river, he said. At that spot, LoVecchio said, there is a siding (tracks that act as a passing lane). “How these two trains made contact with each other is obviously part of the investigation,” he said. “We will be doing a comprehensive investigation and cooperating fully with the investigating authorities.” La Crescent Fire Chief Bernie Buehler, the incident commander, said one train coming from Portage, Wis., was pulling 100 cars, and the other was coming from La Crescent, Minn., with 15 cars. Belz said this is the first crash of this type “that I’m aware of” in his 30 years in law enforcement in the area. With the arrival of daybreak, Belz said, emergency personnel turned their immediate attention to containing the leaks and retrieving the cars in the river. Dresbach is about 150 miles southeast of the Twin Cities. The Associated Press contributed to this report. Paul Walsh • 612-673-4482

And back to Red Wing, here’s a report of another derailed train from February, 1999.