Thursday, April 18, 2013

Sand Language added to SF-1607 for Senate Omnibus Environment Bill


FYI.  This language was added to the Senate Omnibus Environment Bill (Senate File 1607) on Monday. 
It says that for a period of a year, frac sand mines of 20 acres or larger require a mandatory EAW unless they trigger an EIS.  Another provision in the bill requires the EQB to revise its rules for environmental review of frac sand mines.  I think this provision is to act as a safeguard while that is being done.

65.15    Sec. 74. [116.685] ENVIRONMENTAL REVIEW; SILICA SAND PROJECTS.
65.16(a) Until one year after the effective date of this section, an environmental 
65.17 assessment worksheet shall be prepared for any silica sand project that will excavate 20 or 
65.18 more acres of land to a mean depth of ten feet or more during its existence, unless the 
65.19 project meets or exceeds the thresholds for an environmental impact statement under rules 
65.20 of the Environmental Quality Board, and an environmental impact statement must be 
65.21 prepared. In addition to the contents required under statute and rule, an environmental 
65.22 assessment worksheet completed pursuant to this section must include the following:
65.23 (1) a hydrogeologic investigation assessing potential groundwater and surface water 
65.24effects and geologic conditions that could create an increased risk of potentially significant 
65.25 effects on groundwater and surface water;
65.26 (2) for a project with the potential to require a groundwater appropriation permit 
65.27 from the commissioner of natural resources, an assessment of the water resources 
65.28 available for appropriation;
65.29 (3) an air quality impact assessment that includes an assessment of the potential 
65.30 effects from airborne particulates and dust;
65.31 (4) a traffic impact analysis, including documentation of existing transportation 
65.32 systems, analysis of the potential effects of the project on transportation, and mitigation 
65.33 measures to eliminate or minimize adverse impacts;
65.34( 5) an assessment of compatibility of the project with other existing uses; and
66.1 (6) mitigation measures that could eliminate or minimize any adverse environmental 
66.2 effects for the project.
66.3 EFFECTIVE DATE.This section is effective the day following final enactment 
66.4 and applies to projects that commence after that date.
 

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