Supervisor chair says Iowa counties seek pipeline moratorium, sufficient setbacks

Objections to carbon pipelines were expressed in downtown Des Moines.

Supervisor Sis Greiman speaks at a 2021 informational meeting in Garner.

Hancock County Supervisor Chair Sis Greiman cited a myriad of issues being thrust upon her board and county officials at a December 2022 pipeline meeting in Duncan.

Hancock County Engineer Jeremy Purvis.

Opponents of CO2 pipeline rallied in Des Moines during a federal regulators' meeting.

Opponents of carbon pipelines gathered in downtown Des Moines.

Hancock County Supervisor Chair Sis Greiman provided her observations from the May 31 and June 1 Pipeline and Hazardous Materials Safety Administration conference she attended in Des Moines. The PHMSA is expected to propose new rules for carbon pipelines in 2024.

Greiman spoke about it during the public forum and a videoconference with attorney Brian Yung, who is working with the county and Bolton & Menk regarding a number of drainage district issues related to the proposed Summit Carbon Solutions pipeline that would cross the county, including a drainage infrastructure locate agreement with the pipeline company.

"My takeaway from the meeting is it was a very civil meeting," Greiman said. "Public comments were taken each day. I think they learned a lot about farmers in Iowa. I’m excited they saw we are good, civil people who just have serious concerns about our land."

Greiman noted that there were lots of other county supervisors in attendance at the Des Moines meeting of the federal regulatory agency. She said there were more than 850 people online and at least 250 in attendance. Greiman said that they did not just object to the impacts, such as health and emergency response impacts in the event of a rupture, but offered possible solutions such as use of plume studies and adapting emergency vehicles sent into a dense CO2 saturated environment as combustion engines can fail for lack of oxygen. However, she said the most-raised immediate solution was for a moratorium to be placed on the construction of carbon pipelines "until, you, the governing body (PHMSA) come up with (long-term) solutions." She also noted there seemed to be some acknowledgement by the federal officials that there is a steep learning curve on issues related to the unique hazardous carbon pipelines.

"Supervisors need some power for setbacks," said Greiman, noting their concerns about counties getting sued for trying to establish reasonable setbacks or moratorium on construction. Local resident Bob Kern noted the agency officials acknowledge they don't have rules for addressing CO2 pipeline-specific issues.

In addition, hundreds pipeline objectors rallied outside the PHMSA meeting on the first day. They noted that PHMSA issued the second largest fine in its history to a CO2 pipeline that was responsible issued the second largest fine in its history related to a CO2 pipeline that ruptured in Satartia, Mississippi. That pipeline incident hospitalized over 40 people and harmed more. At lease 150 groups also signed a letter sent to President Joe Biden, urging him to issue an executive order that would put a moratorium on federal permits for new carbon dioxide pipelines until new safety regulations are finalized by the PHMSA. Objectors voiced concerns that following a pipeline rupture, carbon dioxide can displace oxygen since it is odorless and heavier than air, which could lead to asphyxiation and even death.

"Drainage was a hot topic down there (Des Moines)," Greiman said. "They’re asking people (along the route) to sign easements, but what about people off the easements having negative impacts?"

Yung said he would be meeting with Bolton & Menk engineers, including Tyler Conley who has worked closely with Hancock County supervisors on drainage issues, to complete final language and procedures for any agreement. He estimated it could take another 1-2 weeks for everyone to reach "common ground."

Greiman said representatives from many counties voiced their want to require pipeline setback of at least 850 feet, but they are afraid they could get sued.

"I think the threat of getting sued is kind of everyone's concern," said Greiman, noting concerns that townships could also be held responsible for leaks/damages while multiple Hancock County township trustees were in attendance at the weekly supervisors meeting. "That was the battle cry down there, was to do a moratorium until (PHMSA) has rules."

Yung, an attorney with Johnson, Mulholland, Cochrane, Cochrane, Yung, & Engler, said he would further investigate moratorium and/or setback requirements as pertaining to counties. The larger issues will be revisited with Yung and Conley (of Bolton & Menk) at a future county supervisors meeting.

In other business, County Engineer Jeremy Purvis provided more information and a list of items proposed to be put up for sale by the secondary roads department in an online auction to be held on Sunday, July 16, with an item pickup date of Monday, July 17. Purvis said some Hancock County Sheriff's Department, Auditor's Office, and Clerk of Court items will also be included. Supervisors unanimously approved the sale plans. The online bidding site will be the JJ Wise Auctioneering website, www.northiowaauctions.com.

"There's at least five trucks that we’re looking to sell," Purvis said. "There will be a 5% county premium and 10% buyer's premium on the sale of items. This covers the auctioneer's fees to sell the items."

The sale list includes a concrete saw, two walk-behind weed eaters, four push mowers, a 5.5 horsepower air compressor, a cherry picker, Wooster paint sprayer, Makita chop saw, Tow Master trailer ramps, 3,000-gallon polyurethane tank, a fifth wheel trailer, front plow for a single axle truck, three Anderson windows, welders, and numerous filing cabinets as well as furniture from the clerk of court office, and much more. Public notices will be published prior to the sale.

In another videoconference, Yung discussed concerns about a re-emergence of drainage issues in drainage district 7, lateral 255.

"It was a line we had fixed," Supervisor Jerry Tlach said. "It goes through a landowner's grove. Now, it's got tree roots in it again. We probably just need to take those trees out or go around them."

Yung said the landowner, Rodney Swanson, should bear responsibility if that's what is causing the issues repeatedly.

"I don't think there's any question it's the landowner's responsibility if they are obstructing the tile," said Yung to which supervisors responded that he wanted to save the trees.

"It should have been rerouted the first time or the whole grove taken out there," Supervisor Gary Rayhons said. Supervisors agreed to try to find a time for the landowner to come and discuss the matter at an upcoming meeting. Yung noted that a formal notice of landowner repair obligations could be sent, if necessary. Drainage Clerk Ann Hinders cited four-year old price quotes of $23,900 to reroute and $17,200 for tree removal to address the issue.

In other business, supervisors approved a $28,975 pay estimate number six to Mechanical Air Systems of Mason City for the county's HVAC system upgrade. The original contract amount was for more than $1.7 million and $258,724 has been completed/stored to date.

Greiman

Rob Hillesland is community editor for the Summit-Tribune. He can be reached at 641-421-0534, or by email at [email protected].

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