Legalectric

No surprise.  BUT, many issues not addressed, and many comments not registering, much less considered, it seems.  Minnesota Pollution Control Agency “reviewed” the Lab USA Environmental Assessment and Comments and determined that:

And the bottom line:

Here’s the full document, check it out:

Lab USA FOF (MPCA Final)

Note they do not address the Water Tank Mound, which comprises much of the Red Wing lay down yard site, and there is no acknowledgement, much less characterization or use in modeling, of the La Crosse incinerator ash that’s trucked in, and something like 50% of that is old railroad ties full of creosote.  Pretty toxic stuff, that creosote.

Something odd — if not for a little birdie, I’d not have known that this was issued, no service, no notice, nada. ???  Thank you, little birdie!!!

Ask and you shall receive, eh?  I’d not checked on this, was buried in other stuff this week, but LOOK!

MPCA – January 6 Notice of Comment Extension – p-ear2-119d

YES!  this is good because the MPCA did not release the primary documents until December 30, 2016, and there’s no excuse for denying the public time to review the Application, etc.

Once more with feeling, here are the Comments I’d filed on behalf of the Tyler Hills Neighbors on January 4, 2017, and Comments of Indian Affairs Council and Minnesota Department of Administration:

From the “Circular Logic” department, the Minnesota Pollution Control Agency responded to my rulemaking Petition, looking for them to set wind turbine noise standards, specifically infrasound standards:

Overland – MPCA_Petition for Rulemaking

Overland – PUC Coerespondence re: Petition for Rulemaking

And here’s the response:

20169-124844-01_Letter_MPCA Commissioner Stine_9-12-2016

The bottom line… the full letter:

After consulting with colleagues at the Minnesota Departments of Health and Commerce, I have concluded that the current understanding of wind turbine noise and its potential effects is insufficient to support rulemaking at this time.  Discussions will continue among the agencies listed above, and we will monitor the science (as resources allow) to inform our decision about rulemaking in the future.

Right…  And note there was no consultation with the Environmental Quality Board.

On to the next step.  It never ends.

For more info, check the video of testimony of Rick James, INCE, at the Goodhue Wind Project public hearing:

Way back during the CapX 2020 proceeding, it became clear that Rochester Public Utilities planned to build gas generation just west of town, at the “Westside” site.  But this was downplayed, and ignored by the ALJ, because it would be evidence that CapX 2020 wasn’t “needed.”  And of course demand was way down, which we knew but which was also ignored, and that was one more reason CapX 2020 wasn’t needed.  The Rochester gas generation was delayed.

But recently they announced the new gas pipeline around the city, and now, the gas plant.  Today, from the MPCA:

MPCA requests/expects certain things to be addressed in Comments, “you must state” per the MPCA:

(1) Your interest in the permit application or the draft permit.
(2) The action you wish the MPCA to take, including specific references to the section of the draft permit you believe should be changed.
(3) The reasons supporting your position, stated with sufficient specificity as to allow the MPCA to investigate the merits of the position.

Send Comments to:

Rachel Yucuis
Industrial Division
Minnesota Pollution Control Agency
520 Lafayette Rd
St. Paul, MN 55155
Phone: 651-757-2863
Email: rachel.yucuis@state.mn.us

Today the MPCA announced several new public “listening sessions” regarding the Clean Power Plan.  There are no rules yet proposed, but there have been many “stakeholder” meetings thus far, listed below. Note there’s one in Rochester on March 9.

And because of the recent U.S. Supreme Court decision, it’s “up in the air,” though Gov. Dayton has pledged to carry on.

North Dakota v. EPA, et al._020916_15A793

Meetings from today forward are an open house at 5:30 p.m. and the meeting beginning at 6:30 p.m.:

Upcoming meeting locations:

• February 16:  Bemidji State University, the American Indian Resource Center’s Gathering Place, Bemidji (event flyer here)
• February 23:  University of Minnesota–Duluth, Swenson Civil Engineering Building, Rooms 265/231, Duluth (event flyer here — updated with the full building name)
• February 24: Southwest Minnesota State University Conference Center, Upper Ballroom, Marshall (event flyer here — updated with the new date)
• March 2:  The Wellstone Center, St. Paul (event flyer here)
• March 8:  Minneapolis Urban League, Minneapolis (event flyer here)
• March 9:  Centerstone Plaza Hotel, Rochester (event flyer here)

There will be a rulemaking, but they’re not planning on forming an Advisory Group (which I think should be done), so that means that when they present the rule, it’ll pretty much be a done deal, SO that’s why the stakeholder meetings and info listed below is important, and that’s why you should go to these meetings and speak up.

If you have questions about the rulemaking or anything else regarding the Clean Power Plan, sign up for email notices through GovDelivery.Contact.  For questions about the status of the MPCA’s rulemaking contact Katie Izzo at katie.izzo@state.mn.us or by phone at 651-757-2595.

Clean Power Plan stakeholder group info: