Sunday, April 21, 2013

 Action Needed to Support Senate File 796 

 Bill to be heard as early as Wednesday, April 24, in Senate Environment Finance Committee

Working with Minnesota Trout Unlimited, Sen. Matt Schmit has included language in Senate File 796 protecting southeast Minnesota trout streams from frac sand mining and processing. SF 796 is the Omnibus Game and Fish Policy Bill and Sen. Schmit is the author. The provisions in the bill say that in southeast Minnesota:
  • No frac sand mining is allowed within a mile of any spring, groundwater seepage area, fen, designated trout stream, class 2a water or any tributary of class 2a water or designate trout stream.
  • The DNR cannot issue groundwater appropriation permits for frac sand-related activity, including frac sand processing.
  • Mining frac sand within 25 feet of the water table is prohibited.
The bill applies these provisions in an area defined by the DNR as the Paleozoic Plateau (222) Ecological Section. This area generally encompasses Minnesota's five southeast counties. A detailed map is on the DNR’s website HERE.   

These provisions protecting trout streams would help dramatically in limiting the harm frac sand mining can do in southeast Minnesota and would go into effect immediately. As reported in a Rochester Post-Bulletin article, Gov. Mark Dayton has weighed in against supporting a moratorium at this time. Without a moratorium, we need standards in place NOW before any more frac sand mines or processing facilities are established in southeast Minnesota. The provisions in Senate File 796 are a good step in that direction.

TAKE ACTION! Senate File 796's next stop will be in the Senate Environment and Agriculture Finance Committee. It will likely be heard Wednesday, April 24, at noon in Room 107 of the Capitol. If you plan to attend the hearing, please e-mail me at bking@landstewardshipproject.org.

1.  Call or e-mail members of the Senate Environment and Agriculture Finance Committee and urge them to support these critical provisions protecting trout streams in southeast Minnesota from frac sand mining.
Here is a suggested message for the committee members: “I live in southeast Minnesota. As a member of the Environment and Ag Finance Committee, you will soon be hearing Senate File 796, the Omnibus Game and Fish Policy Bill. This bill has important provisions to protect southeast Minnesota’s trout streams from frac sand mining and processing. The karst topography in southeast Minnesota creates conditions for cold streams and some of the best trout fishing in the country. However, it also allows for these streams to be easily polluted. The state has invested millions in maintaining these trout streams and trout fishing is an important economic industry in our area. Sen. Matt Schmit has included provisions in the bill for southeast Minnesota that prohibit frac sand mining activity within a mile of sensitive trout streams, prohibit groundwater from being used for frac sand mining and processing, and prohibit frac sand mining within 25 feet of the water table. These are common-sense provision needed to protect southeast Minnesota’s trout streams. Please support these provisions and oppose attempts to remove them from the bill.”
Members of the Senate Environment and Agriculture Finance Committee:
2.  Call Governor Dayton at 651-201-3400 or 800-657-3717 or e-mail him HERE.
Here is a suggested message for Gov. Dayton:  “I live in southeast Minnesota and am very concerned about the harm the frac sand industry poses to my community. I was disappointed when you said that you do not support a moratorium on frac sand mining at this time. I believe it is critical that we get strong state standards in place before this industry pollutes the air and water and destroys roads in southeast Minnesota like it has in western Wisconsin. I believe it makes sense to have a moratorium while those state standards are created. However, without a moratorium we must have strong standards for southeast Minnesota now. Sen. Matt Schmit has included provisions in Senate File 796 for southeast Minnesota that prohibit frac sand mining activity within a mile of sensitive trout streams, prohibit groundwater from being used for frac sand mining and processing, and prohibit frac sand mining within 25 feet of the water table. While more is ultimately needed, these standards are a good start and I would like you to publicly support them and work for their passage. Without a moratorium we need standards like this in place now."
Update on other key frac sand bills. Both the Senate and House Omnibus Environment and Agriculture Finance Bills contain frac sand provisions. Senate File 1607 and House File 976 have both passed off the Senate and House floors. They are now headed for a conference committee to have the differences reconciled. The conference committee members have not yet been named. As soon as this happens, look for an LSP action alert.
SF 1607 has the stronger frac sand provisions. The following provisions are only in SF 1607:
  • For one year from passage of bill, all frac sand mines that will be over 20 acres in size and at least 10 feet deep require an environmental assessment worksheet.
  • The Environmental Quality Board must amend the environmental review rules for frac sand facilities to take into account increased activity and concerns over the size of specific operations.
  • Local governments can extend local moratoriums to March 1, 2015, no matter how long they have already been in place.  
Both bills contain provisions that require the Minnesota Pollution Control Agency to adopt rules for the control of particulate emissions from frac sand mines, the Minnesota DNR to adopt rules for reclamation of frac sand mines, and for the Minnesota Department of Health to adopt air quality standards. Both require that state agencies create a technical team to help local government and to create model ordinances for local governments to use.
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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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