Page County board discusses latest carbon pipeline developments - KMAland

Page County board discusses latest carbon pipeline developments | News | kmaland.com

(Clarinda) -- Page County officials heard the latest on a proposed carbon dioxide pipeline in KMAland.

Meeting in regular session Thursday night, the Page County Board of Supervisors heard from Montgomery County resident Jan Norris regarding Summit Carbon Solutions' proposed Midwest Express CO2 pipeline. The Iowa Utilities Board evidentiary hearing on the permit for the project concluded earlier this week, following over a month of testimony, primarily from impacted landowners. Based on the post-hearing schedule posted by the IUB, Norris says final meeting transcripts should be available in two weeks, with hearing briefs--of up to 150 pages in length--due six weeks after that. She adds that IUB officials have indicated they don't plan to set a timeline for their review and potential decision but notes they have a few options.

"They could deny the permit, they could approve it with the use of eminent domain, or they could approved the permit with eminent domain and issue conditions with it," said Norris. "If approved with eminent domain, Summit will still have to go through every county's condemnation process and obtain other permits such as road crossings, conditional use permits, and water crossings. Whatever the outcome, it is likely to go to court."

The five-state carbon capture and sequestration project has faced some setbacks, including an initial route permit denial from the North Dakota Public Service Commission and a denial from the South Dakota Public Utilities Commission--causing company officials to delay the proposed pipeline operation until 2026. North Dakota is now reconsidering a modified proposal from the company, and Summit officials have indicated they plan to reapply in South Dakota.

However, Norris adds there are still several unresolved safety concerns--chief among them the release of plume or dispersion modeling from Summit in the case of a pipeline rupture and the current lack of a buffer zone for residents, citing three structures only 400 feet from the proposed route and proximity to Shenandoah. Thus, she called on the board to join several other counties in continuing to develop carbon pipeline regulations.

"Many (counties) have passed or are working on passing hazardous liquid pipeline ordinance and some setbacks from homes are 1,000 feet, others are a half mile, one is even 3,000 feet, and most include a two-mile (setback) from city limits," she said. "In Sioux City just this week, they passed a resolution opposing CO2 pipeline construction and operation."

While Summit officials have argued safety issues fall to the federal government, a letter from the Pipeline and Hazardous Materials Safety Administration indicates local governments should be able to regulate setback distances. Norris urged the board to move quickly following the conclusion of the IUB hearing.

"The IUB hearing is now over and the Shelby County court case is just two months away, so I implore you get to get moving on a local ordinance and establish setbacks for the residents of Page County," said Norris. "The clock is ticking--if the IUB grants Summit a permit and you do not have an ordinance in place, anything passed will not be enforceable to this project essentially grandfathering Summit in."

Some counties, including Page and Montgomery, had paused the development of an ordinance following a federal judge's recent ruling granting Summit an injunction preventing Shelby County from enforcing its ordinances regulating the pipeline. Page County had also sought the assistance of Ahlers and Cooney Attorney Tim Whipple. Following recent email correspondence, Supervisor Todd Maher says Whipple's recommendation was to wait until a ruling in the Shelby County lawsuit comes down.

"He understands that it's tempting to go forward, especially since South Dakota canceled the storage facility and the PHMSA letter that was sent out," said Maher. "But, he says that he continues to believe any county in the Summit footprint that adopts an ordinance will be sued unless Shelby County or one of the other counties prevail first."

Maher also floated whether a moratorium on hazardous pipeline projects would be possible to allow for developing an ordinance. However, Supervisors Chair Jacob Holmes says the board would look into their possibilities further this week and potentially have it as a discussion item on next week's agenda. Summit's nearly 700 mile project would carry liquid carbon dioxide from ethanol plants--including Green Plains Shenandoah--in a five-state region to North Dakota.

In other business, the board...

--Approved a rock petition on K Avenue north of 130th Street.

--Approved a utility permit to Rural Water for a new service at 2955 265th Street.

--Discussed the county's wind ordinance draft.