Legalectric

Last night at the Urban League, the MPCA held a meeting, a “listening session” about the proposed Clean Power Plan as a prelude to its rulemaking.

TONIGHT IS ANOTHER MEETING:

MPCA Clean Power Plan Listening Session

Wednesday, March 9, 2016

5:30 p.m. – ?  At least 8 p.m.

Cornerstone Plaza Hotel

401 6th Street S.W.

Rochester, MN

The MPCA has been holding ‘listening sessions,” a/k/a meetings, and has info on its site:

Clean Power Plan: Rulemaking in Minnesota

• Clean Power Plan (carbon pollution)
• Clean Power Plan in depth

Here’s the federal plan, now on hold at order of the court:

Clean Power Plan (U.S. EPA)

I very much do like that they’re going forward, despite the federal stay, because it is going to take some time to ramp up efforts.

Here’s the handout I brought to that meeting.  I ran out, only about 1/4 of the room covered, so that means there were at least 80 people there.

Handout-MPCA Public Meeting_Clean Power Plan

On the other hand, there are a lot of things I take issue with.

One thing that’s discouraging to me is that this is called the “Clean Power Plan” but they have not made any attempt to separate out and prohibit burning of garbage and biomass, both very dirty by any definition.  Incineration must be removed from the definition of “renewable.”

Another issue is that they’re NOT going to put together a rulemaking Advisory Committee, as provided by statute.  I asked about this last night and they verified it.

Minn. Stat. §14.101, Subd. 2.  Advisory committees.

Each agency may also appoint committees to comment, before publication of a notice of intent to adopt or a notice of hearing, on the subject matter of a possible rulemaking under active consideration within the agency.

Instead, what they’re doing is gathering the same ol’ same ol’ folks in an informal process, and they’re not going over a proposed rule prior to its being sent to the MPCA head (remember, there is no Citizens Board thanks to certain MN legislators) for release, and when it’s released, it’s too late for substantive changes.  The MPCA was part of the crew, with DNR and EQB, that so badly mangled that silica sand rulemaking (ummmm, whatever became of that, anyway?).  This does not bode well.

So now, on to tonight’s meeting, gotta do some prep.

And yes, that’s Frank “Coal Ash” Kolasch presenting.  What a moniker!

Tonight’s gathering starts at 5:30 p.m. or so with an open house (coffee & cookies), and the presentation and “listening” starts at 6:30 p.m.

MPCA Clean Power Plan Listening Session

Wednesday, March 9, 2016

5:30 p.m. – ?  At least 8 p.m.

Cornerstone Plaza Hotel

401 6th Street S.W.

Rochester, MN

Be there or be square!

More interesting filings today, these from the Black Oak Getty wind project, the construction plans, and a new noise report.  There are also “Environmental Supplements” and other new filings.  You can find them all at the PUC’s site — go to SEARCH and search for eDockets 10-1240 or 11-831.

Here are the filings of the Construction Plans:

20162-118362-01_Part 1

20162-118362-03_Part 2

20162-118362-05_Part 3

20162-118362-07_Part 4

20162-118362-09_Part 5

20162-118362-11_Part 6

20162-118362-13_Part 7

I’ve separated out the noise report to make it easier to send around:

Noise Technical Report_ Black Oak Getty Wind Project

And for reference, here are the Minnesota Noise Rules, found in Minn. R. Ch. 7030 — we’re long overdue for a rulemaking for Noise Rules specifically regulating wind noise:

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:

That’s the Coal Creek plant, a photo I took on a tour.  If you’re an electric co-op member in Minnesota (elsewhere too?), they offer tours regularly, and it’s something you should do!  Check your co-op’s newsletter for info.

State Register Notice:

MPCA_StateRegister_Pages from 40_05

Just released FEDERAL Clean Power Plan:

Clean Power Plan Final Rule (PDF)(1560 pp, 3.3 MB, About PDF) – August 2015

Look at how the “adjusted” Minnesota’s baseline levels due to Sherco 3 being out for nearly 2 years:

The EPA examined units nationwide with 2012 outages to determine where an individual unit-level outage might yield a significant difference in state goal computation. When applying this test to all of the units informing the computation of the BSER, emission performance rates, and statewide goals, the EPA determined that the only unit with a 2012 outage that 1) decreased its output relative to preceding and subsequent years by 75 percent or more (signifying an outage), and 2) could potentially impact the state’s goal as it constituted more than 10 percent of the state’s generation was the Sherburne County Unit 3 in Minnesota.  The EPA therefore adjusted this state’s baseline coal steam generation upwards to reflect a more representative year for the state in which this 900 MW unit operates.

Clean Power Plan Final Rule (PDF p. 796 of 1560).

And from the state, which acknowledges imminent release of FEDERAL Clean Power Plan Final Rule , also released today, just in from the MPCA (direct quote):

The Minnesota Pollution Control Agency (MPCA) has issued a request for comments on possible rule amendments to bring Minnesota into compliance with the U.S. Environmental Protection Agency’s (EPA’s) Clean Power Plan. You can read the full request in the August 3, 2015, edition of the State Register, available at www.comm.media.state.mn.us/bookstore/mnbookstore.asp?page=register.

The amendments we are considering will help Minnesota meet standards established by the Clean Power Plan, which sets state-specific carbon dioxide emission targets and requires each state to submit a plan detailing its strategy for meeting the targets. As of State Register press time, we have not yet started drafting a plan because the EPA has not yet published the standards that Minnesota’s plan will need to meet, so the MPCA requests public input to help guide our considerations of methods for meeting the EPA’s targets, as well as any other objectives that the state’s plan might include.

Stakeholder meeting agendas, notes, and other related documents are posted on the website for this rulemaking at www.pca.state.mn.us/w9y3awr.

To access information about a particular Minnesota rulemaking, visit the Public Rulemaking Docket.

It’s that time again — the Silica Sand Advisory Committee is meeting again on Thursday, from 10 a.m. to 3:30 p.m. at the People’s Energy Cooperative in Oronoco, Minn.

Here’s the Agenda:

Agenda

Dig this:

In my experience, the search/stretch for consensus is the first step in unreasonable compromise.  It takes a push to change things, and it’s important not to give up too soon.

As you know, I’ve been frustrated at the way these meetings are handled, in that they’re NOT doing what a rulemaking advisory committee is supposed to do, which is review and comment on draft rules.  And we’re not getting representation on this committee, there are no regular updates from members that I’m aware of, unless I ask on a list, so we’re not getting any opportunity for input or feedback from the representatives.  Plus there’s Charlie Peterson…

I was listening to the July meeting, and for introductions, there were only six members of the committee present:

Tara Wetzel – MN Aggregate Ready Mix Assoc.

Beth Procter – Lime Twp., Blue Earth County

Al Frechette – Scott County

Doug Losee – Unimin

Tom Rowekamp – IT Sand

Kelly Stanage – Citizen Rep. from Houston County

I’ve heard from Amy Nelson that she, Keith, and Vincent Ready were there.  Katie just let me know she was there.  Others?  Were introductions not broadcast?  Did anyone come in later?   Can’t tell, it was audio only (unless I’m missing something), and the audio was out for a large part of the presentation.  Where are the alternates?  Where are the alternates?  And if members are determining that it’s a big waste of time and don’t want to show up, well, it seems they ought to let the agencies know so replacements can be found!  And so the meetings can be changed to become more ___________ and less _________ so members can and will attend!

Here’s the bright spot of the day, from what I’ve seen:

Look where they put the “Advisory Panel.” IT’S IN THE RIGHT PLACE!!!  YES!!!  Now, there needs to be another arrow, though, or a expansion of the purple square that says, “Advisory Panel review of draft rules.”  They’re sidestepping by saying that, even the EQB Board, will “review draft rule concepts.”  NOPE, not good enough, eliminate that word “concepts” and let’s start reviewing rules, the Advisory Panel and the EQB.  DRAFT RULES!  It’s that simple.

From the site, here are the future planned meetings:

Upcoming meetings

All of these meetings will be held at the People’s Energy Cooperative (Oronoco, Minn.) and run from 10:00 a.m. to 3:30 p.m.

• WebEx Conference Call 9/5/2014 10-noon

• October 1

• November 3

• December 4