Linn board approves first reading of hazardous material setback ordinance

The Linn County Board of Supervisors voted 2-1 Monday, Dec. 12 to approve the first reading of a new ordinance that would impose mandatory setbacks from private hazardous material pipelines in the county, but signaled the ordinance could undergo significant changes as they seek advice from the county’s legal team. At the end of a public hearing and question-and-answer session Dec. 12, the board voted 2-1 to move the ordinance forward, with supervisors Ben Rogers and Louie Zumbach voting in favor. Supervisor Stacey Walker voted against the ordinance as presented, acknowledging “compelling testimony” presented at Monday’s public hearing on potential “loopholes” in the proposed ordinance. Those loopholes, he said, include the possibility of setback waivers for certain pipeline projects approved by the Iowa Utilities Board (IUB) or involving hardships for rerouting around Critical Natural Resource areas. “As written, I'm not sure if we have a strong ordinance,” Mr. Walker said, even has he acknowledged “significant time constraints” stemming from an anticipated application from Wolf Carbon Solutions to the IUB to build a liquid carbon dioxide pipeline that would run through the southern portion of Linn County. “If we are going to create an ordinance, I think we ought to take into consideration some of the recommendations we heard here today,” Mr. Walker said, “and I think we need a little more guidance from our civil division about the potentiality for future litigation.” Mr. Zumbach agreed that legal challenges to a Linn County setback ordinance may surface, as they have in suits filed by Summit Carbon Solutions against Story and Shelby counties regarding a proposed CO2 pipeline in northern and western Iowa. However, he said, “I'm willing to do this, knowing that if we have changes, I don't want to end up with nothing. If we lose and it comes back, I want to have at least the groundwork, so we end up with something.” At a previous meeting Dec. 5, Linn County Planning and Zoning director Charlie Nichols said the ordinance specifically addresses safety setbacks from hazardous materials pipelines, since unlike pipelines carrying natural gas – which are regulated by the Iowa Utilities Board – hazardous materials pipelines are regulated by the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA). That agency, Mr. Nichols said, governs construction of hazardous material pipelines but hasn’t yet issued guidelines for ongoing oversight of safety issues. “What we are attempting to do here is reduce the risk of damage and injury to Linn County’s public through regulations to supplement the Iowa Utilities Board’s permitting process, in the absence of updated guidance from PHMSA,” Mr. Nichols said. The first reading of the proposed ordinance had been scheduled for Dec. 5, but was postponed after Mr. Zumbach was unable to attend. The county’s action is being spurred by Wolf Carbon’s proposal to build a 280-mile carbon dioxide sequestration pipeline between Cedar Rapids and Decatur, Illinois. The pipeline, referred to as the Mt. Simon Hub, would transport liquefied CO2 through a pressurized 16-inch pipeline from ADM plants in Cedar Rapids and Clinton to an ADM sequestration facility near Decatur, Illinois, where the gas would be pumped underground at the Mt. Simon Sandstone saline reservoir for permanent storage. The county’s ordinance proposed two setback standards. One standard, which would apply to places of public assembly such as hospitals, schools, detention centers, parks and playgrounds, would mandate a setback of 155.8 feet times the pipeline’s diameter, or just under 2,500 feet for a 16-inch pipeline. A second standard for dwellings would mandate a setback of 107.65 feet times the diameter of the pipeline plus 328.08 feet, or approximately 2,050 feet for a 16-inch pipeline. A separate setback standard is also proposed for future growth areas of Linn County, Mr. Nichols said. The proposed ordinance is designed to protect Linn County residents without pre-empting the Iowa Utilities Board’s decision-making authority, Mr. Nichols said. A public informational meeting on the Wolf Carbon project was held Dec. 5 at the Hawkeye Downs Expo Center in Cedar Rapids, with dozens of attendees speaking against the plan. More than a dozen area residents also spoke in opposition to the proposal at Monday’s formal public hearing, expressing concerns about pipeline safety and the proposed route’s proximity to populated areas. “I understand that your action requires moral courage,” said Jessica Wiskus of Lisbon, who has previously spoken against carbon-capture pipelines. “We have been here before, asking you to do the right thing with respect to a project that you yourself know is not necessary and that puts our very lives at risk. We are still here. We have the strength to come once again, because we know what's at stake.” The board will meet in closed session Tuesday, Dec. 13 to consider their legal options in the matter. As of Monday afternoon, Dec. 12, the board was still set to consider possible second and third readings of the new ordinance on Dec. 14 and Dec. 21, respectively, though those dates could be altered as deliberations continue.