Board chair calls for vote twice before resolution is approved unanimously
~by Janice Harbaugh for GreeneCountyNewsOnline
The safety of the proposed Summit Carbon Pipeline was again discussed at the regular meeting of the Greene County board of supervisors on Sept. 3. Chair John Muir said he and supervisor Dan Benitz had attended the public informational meeting Aug. 28 with representatives from Summit and the Iowa Utility Commission. Muir called the meeting “unengaging.”
During open forum, Chris Henning, resident of rural Cooper, presented information and documents about the pipeline to the board, including where to find online information showing what other counties and the Iowa Sierra Club are doing in response to concerns about the safety of the pipeline.
Henning said the route of the pipeline has been divided into units called “dockets.” She said Docket 1 is Webster County into Louis Dreyfus Ethanol Plant near Grand Junction.
“There are dockets in pieces showing the path from ethanol plant to ethanol plant. We are in with Guthrie in Docket 4. Objections to Docket 4 only go to Docket 4 unless you tell IUB to send to all dockets,” Henning said. “Any resolution by the Greene County board of supervisors concerning the pipeline is important to all the dockets.”
Henning recommended the board send any resolution they pass to all the dockets.
Henning shared her notes of questions asked at the Aug. 28 meeting, with a major question being about evacuation plans in case of a breach in the pipeline.
“Most questions were not answered at the meeting last Wednesday,” Henning said. “PHMSA (Pipeline and Hazardous Materials Safety Administration, an agency in the US Department of Transportation) safety rules are being worked on, but there aren’t safety rules for carbon capture pipelines at this point.”
“They don’t talk about the volatility or deathliness,” she said.
“A Geographic Information Service (GIS) person at Boone put together a map of who we think is in the line of construction. We need the real map that’s on Summit computers, but when you go there to look where you are in relationship to the pipe, you can see your own property but can’t see others,” Henning said.
Henning said the kill zone is half a mile.
The board asked county attorney Thomas Laehn to present the draft of Resolution 2024-033 Objecting to Carbon Solution’s Petition for a Hazardous Liquid Pipeline Permit for the Construction of an Additional 340 Miles of Hazardous Liquid Pipeline for the Transportation of Compressed Carbon Dioxide in Disregard of Private Property Rights and the Health, Safety, and Welfare of the People of the State of Iowa.
Laehn read through the lengthy resolution, first giving the history and legal basis for the board’s direction to him to draft a resolution objecting to the pipeline on three grounds: the use of eminent domain; the risk to health and safety of residents of Greene County; and the potential use of water which could deplete the state’s aquifers.
Reading from the resolution, Laehn said Summit had petitioned the Iowa Utilities Board on Jan. 28, 2022, for a permit to construct a carbon dioxide capturing pipeline. The Greene County board of supervisors filed an objection on Apr. 13, 2022, to prevent IUB from granting the power of eminent domain to Summit Carbon Solutions. Granting Summit the power of eminent domain would give them status as a utility. It would allow them to acquire land whether landowners agreed to sell or not.
Laehn said granting Summit the right of eminent domain would be allowing the forced transfer of land from one private landowner to another without meeting the standard of public use.
“This violates the Fifth Amendment of the United States Constitution and Article 1, Section 18 of the Iowa Constitution. These protect individual rights including the right to property,” Laehn said. “Seventy-eight percent of Iowans oppose companies using eminent domain to build carbon capture pipelines across the State.”
Laehn continued to read from the resolution: “On June 25, 2024, IUB disregarded Greene County’s objection and granted Summit’s request for a permit for construction of hazardous liquid pipelines and vested them with the right of eminent domain over all requested parcels of land.”
Laehn said a new permit application was made by Summit Carbon Solutions through its subsidiary, CSC Carbon Transport LLC, on June 28, 2024. This was to request expansion of the original pipeline application, adding 18 new trunks and laterals and adding 340 miles to the pipeline over 23 Iowa counties. The expansion plan would add over 27 miles of pipeline in Greene County. IUC planned to hold public informational meetings for expansion of the pipeline. This would bring the total miles of Summit pipeline to 688 in 29 counties in Iowa.
Laehn read, “Since Jan. 22, 2022, Greene County has researched the risks posed by carbon capture pipelines and has determined additional ground exists to object to construction to the original system and to the expansion.”
Laehn said, “A Congressional non-partisan agency warns of the risks of suffocation from concentrated levels of carbon dioxide. CO2 is colorless, odorless, and heavier than air. It spreads undetected on the ground or in confined spaces, jeopardizing lives of those near the area. It does not dissipate, but moves quickly along the ground and low-lying areas. A 10 percent concentration of CO2 causes a person to fall unconscious within one minute.”
Laehn spoke of various ruptures in other places in the United States that caused hospitalizations and evacuations. Rescue efforts were hampered by danger to rescue personnel and the CO2 preventing the operation of combustion engines in rescue vehicles.”
“Vehicles can’t run without oxygen,” Laehn said. “There was a leak of 107,000 gallons of CO2 and rescuers had to wait for pipeline personnel to arrive which took two and a half hours.”
Continuing the Resolution: “Summit Carbon Pipeline violates property rights and presents an unacceptable risk to people.”
“Greene County is concerned about potential depletion of aquifers and water for future generations. The Global Commission on Economics of Water predicts a 40 percent shortfall of fresh water by 2030. It takes billions of gallons of water to compress captured CO2 into a liquid state. The Iowa Sierra Club estimates the 31 ethanol plants in Iowa connected by Summit will require 3.36 billion gallons per year to operate. Ninety percent of that will come from bedrock aquifers which take hundreds of thousands of years to recharge.”
Laehn said there are no reliable numbers for the amount of water currently in the aquifers. He said aquifer levels in northwest Iowa have steadily declined since 1984.
From the Resolution: The Greene County board of supervisors strenuously objects to the proposed expansion of the carbon capture system and urges IUB not to issue a permit to construct pipeline connecting Louis Dreyfus plant in Grand Junction to POET plant in Coon Rapids. The board opposes the use of eminent domain as a violation of the US and Iowa Constitution.
The final part of the resolution stated the Greene County attorney would be directed to file the resolution as an objection with the Iowa Utilities Commission, formerly called Iowa Utilities Board.
The supervisors discussed filing the resolution in all dockets and the strategies used by Summit in making applications in many dockets and pieces, termed “tentacles” by Laehn. Laehn said he is comfortable in filing in all dockets.
Chair Muir said, “I don’t want to lower our authority to represent the people of Greene County and some in Guthrie, by spreading authority over a larger area. To get the point of our people across maybe keep the resolution in one docket?”
“You can always later file in other dockets,” Laehn said.
Chris Henning said, “We are telling people to object in other dockets. You can object to the main phase and share that to other supervisors.”
Muir asked about the name change from IUB to IUC, wondering if there is “something more to that other than a name change?”
Laehn said, “It’s part of the reorganization of State government, part of Gov. Kim Reynolds’ efforts to combine things to save money and to make government more efficient. It also centralizes power in the governor’s office.”
“Another reason to think somebody’s playing games?” Henning asked.
Laehn said there have been suggestions this is part of ways to “hide the ball” or prevent public from filing objections. The name change effectively separates Phase 1, which is on the IUB website, and Phase 2, which is on the IUC website.
“But there was a much larger power play involved in Des Moines,” Laehn said. “It’s been suggested this was to help Summit Carbon divide and conquer.”
“There’s a larger effort to concentrate power in Des Moines and the governor’s office, in my opinion,” Laehn said.
“With the three things you laid out as arguments, the eminent domain is the biggest that jumps out at me. Safety of people and water is important, too.” Muir said. “At the end of the (Aug. 28) meeting, my feeling from Summit and IUC was that the meeting was just a hoop they had to jump through.”
Supervisor Dan Benitz spoke about Summit’s answers to questions about water. He said Summit answered in percentages of use and he would like figures in gallons used.
Muir said, “Something Dan Tronchetti asked was about permission first needed from North and South Dakota. Summit didn’t answer that at all. South Dakota has slowed the movement forward.”
Henning told the board there is no transcript of the Aug. 28 meeting. She said she would be sharing a recording of the informational meeting with the secretary of the board, Billie Jo Hoskins.
The supervisors continued to discuss whether to file the proposed resolution 2024-003 in one docket or all. Laehn said there would be no legal repercussions for filing in all dockets.
“The worst that can happen is the objection is deleted (in other dockets,)” he said.
After more discussion, Muir said, “We originally objected in all dockets and, to be consistent, we should now object in all dockets.”
Muir then made a motion to approve the resolution for all dockets, but before a second to the motion could be made, supervisor Pete Bardole expressed uncertainty. More discussion ensued.
Supervisor Dawn Rudolph said, “We have ties to these other counties for services,” mentioning overlapping regions such as mental health.
Laehn agreed that pipelines in other counties affect people in Greene County and clarified that the resolution states the supervisors are now opposing the project itself.
Bardole said, “I’m opposed to eminent domain. I have a little more heartburn taking a stance against the pipeline altogether. I grew up on a farm that had four natural gas pipelines run through it. If they would have ruptured, our farm wouldn’t be there. They said it would clear a section. Natural gas pipeline are different, I agree. There’s a lot of pipelines running under Iowa. I don’t believe it (Summit) should be a utility. But there are businesses in Greene County that want to use it, so I think that needs to be considered also.”
Muir asked for clarification in the resolution that states the supervisors are against the project.
Laehn cited a passage in the resolution: “…additional ground exists for objecting to the construction of both the original pipeline construction and its newly proposed expansion.”
Additionally, Laehn said the resolution specifically asks the IUC not to issue a permit for the expansion.
Jack Williams, Greene County sheriff told the board, “We have other pipelines going through Greene County but the significant difference with the CO2 pipeline is the kill zone. We can enter only as far as we can walk with our air packs. All the other (emergency leaks) we can drive there, you can smell it, or it kills vegetation so you know there’s a leak.”
Muir asked about fly-overs to check for leaks in natural gas lines. Williams said they’re flown quarterly. He said flying over the CO2 line wouldn’t show a leak. He said CO2 detection devices are necessary.
Saying he’s in favor of development in the county, Muir nevertheless said, “As we’ve learned more about the dangers and the unknowns, even after being at the meeting last week, I don’t feel the questions are being answered as completely as they should be.”
Muir again asked for a vote on the motion to accept the resolution as written. Rudolph seconded the motion. All supervisors voted in support of it. Secretary Hoskins then called for a roll call vote. Each supervisor responded with Aye.
Attorney Laehn restated the motion and told the supervisors he will move forward with the filing. The complete resolution is included in the minutes of the meeting, posted under the Calendar/Agenda tab on GCNO.
In other business, county engineer Wade Weiss reported demolition of the Grimmel Road bridge is nearing completion and there has been much progress due to good weather.
Bardole asked Weiss to talk about Bell Tower Foundation banners and possible photographs using the Horn of Plenty (cornucopia) in the courthouse rotunda. The supervisors expressed general support for photographing it to print on banners.
Lisa Tucker was recognized for her 26 years of service to Greene County as a county employee and given a certificate and a retirement resolution in appreciation.
The supervisors unanimously approved the part-time hiring of Dallas Chargo as dispatcher in the Greene County Sheriff’s office effective Sep. 2. 2024 at the rate of $20 per hour.
Logan Wolf was unanimously transitioned from fulltime to part-time paramedic with Greene County Ambulance effective Aug. 29, 2024, at the rate of $21 per hour.
Seth Thurman was unanimously approved as part-time ambulance driver for Greene County Ambulance effective Aug. 29, 2024, at a rate of $11 per hour while driving and $4 per hour when on call. Thurman will transition to fulltime EMT when his certification is completed.
