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LEGISLATIVE UPDATE 13 9-11-2010
Constituents:
Two of the major issues facing Latah County and Idaho residents are:
1)the proposed shipment of 208 megaloads of oil refining equipment for
Conoco and Exxon over Highway 12, and
2) the proposed Upper Lochsa Exchange.
I'll address both issues in this legislative update.
These are both bipartisan issues and I've worked closely with both Rep. Ringo and Senator Schroeder and citizen groups as these issues have come to the forefront.
SHIPMENT OF MEGA LOADS OF OIL REFINING EQUIPMENT OVER
HIGHWAY 12
There is increasing concern among citizens of North Central Idaho about the proposed shipment of mega load shipments of oil refining equipment for Conoco and Exxon on Highway 12. Some of these loads will
weigh as much as 500,000 lbs. There are major safety, environmental, and highway impact issues that are concerns. To date more than 2,100 citizens have provided comments to Idaho Dept. of Transportation including
1,704 who signed the "Deny Permits" petition specifying why the permits should be denied. Major Issues include:
1.
Highway 12 is the only route that can be used. We were told in Moscow by Exxon that Highway 12 was the "only" route. Later investigation clearly demonstrated that shipment via Prince Rupert and via rail was another possibility.
2.
Impact on Highway 12 Infrastructure--Research shows that one fully loaded axle on a big truck hauling oil refining equipment is equal to the pavement damage of 10,000 passenger cars. This raises the issue of what the true impact on Highway 12 will be with these loads. Certainly the Idaho taxpayer will be stuck with the bill.
3. Idaho Transportation personnel told me that the $1,000 permit/load will not cover all of ITD's administrative and technical costs of moving the loads. Who pays the difference?--The Idaho Taxpayer.
4.
Lack of an Emergency Owner Backup Plan--Exxon personnel said they had no plan to compensate business owners if a major traffic incident occurred. Plans to handle medical and fire emergencies were sketchy at best.
5.
No Public Hearings--there is no requirement under Idaho law to hold public hearings. ITD did hold "informational"meetings. It would seem that public meetings should be held when we are faced with over 200 megaloads that present the public with the potential of "extraordinary hazards". The term "extraordinary hazard" means a hazard not commonly associated with conveying or transporting a load or loads upon the highway system and includes any situation where the traveling public's safety or the highway system and related roadways and structures or the highway system's capacity are endangered.
Rep. Ringo and I have written to Gov. Otter about our concerns. Copies of this correspondence were also sent to Idaho's Congressional Delegation.
Rep. Ringo and I just received the following letter from Congressman Walt Minnick.
Washington, D.C.
Dear Tom:
Thank you for sending me a copy of Shirley Ringo's and your letter to Governor Otter on the
proposal to use Highway 12 to ship oil refinery equipment to Montana and Canada and for the additional information.
Like you, I believe that there are still many unanswered questions about this proposal, which is why I
sent a letter to the Governor and the Idaho Board of Transportation echoing your request for a public hearing and asking for more time to solicit public input on the proposal. As you know, the Governor rejected my request.
Now that Judge Bradbury has revoked the first four permits issued by the the State and asked them to review the proposal again, taking into account the safety and convenience of the public.
That decision has been appealed to the Idaho Supreme Court. Like you I look forward to the court's final ruling. Should the court reverse Judge Bradbury I will again review what options then exist at the federal level to ensure the public has every opportunity to provide appropriate input.
Again, than you for the letter and information.
Very truly yours,
Walt Minnick
Congressman, ID, 1stCD
We at least have our lst District Congressman raising the flag. I wonder just
what options do exist at the federal level since this is basically Idaho law. Highway 12 is a Federal Highway running through the Scenic Rivers area which should give some federal protection. The shipment of oil
refining equipment from Korea, Idaho, Montana, and on the Alberta certain brings in the Interstate Commerce Clause.
Rep. Ringo and I are preparing legislation that we feel would help resolve some of these problems in the
future. The draft legislation would require:
1. For ITD to call at least two official public hearings if loads exceeding 300,000 are involved.
2.
In such case that an environmental impact study be conducted jointly by DEQ and ITD.
3. A business management and emergency plan be prepared by the shipper and approved by ITD.
4. The charge per permit/load must cover all of ITD's costs in the project.
5.
A substantial bond to be determined by ITD must be paid upfront by the shipper to cover possible emergency, accidents, and highway impact costs.
Copies of all correspondence are also being sent to Gov. Schweitzer in Montana.
UPPER LOCHSA EXCHANGE
Several years ago the U.S. Forest Service proposed to exchange about 40,000 acres of forest land owned by
Western Pacific Timber near the Montana border for about 28,000 acres of various parcels of land in Northern Idaho.
The Lochsa forest land is very steep and the trees had been logged off by Plum Creek Timber Co. before being bought by WPT. Soils are poor and it takes over 100 years for trees to reach maturity.
Initially, about 7,000
acres of US Forest Land in the Clearwater-Palouse area were designated to be part of the exchange.
A group called "Friends of Palouse-Clearwater Forests" organized in opposition to the exchange. Many of these were retired forest rangers who had worked in the Palouse District. At the first informational meeting held in Moscow over 150 citizens turned up and the vast majority were opposed to the proposal.
The 7,000 acres in Latah County are prime forest lands with excellent soils and trees grow to maturity in 60 years. The transportation infrastructure is already in place with roads, culverts, bridges, etc.
And, of course, all paid by the U.S. taxpayer. If WPT were to obtain the land then our citizens would be denied access. The Palouse forest lands are used by over an estimated 100,000 people a year in various activities such as hunting, fishing, hiking, birding, horseback riding, mountain biking, and other recreational activities.
There are also concerns about the potential impact of badly managed lands on habitat and water quality. WPT was fined over $1.2 million for violating the Clear Water Act in Montana by EPA and the State of Montana.
Rep. Ringo, Sen. Schroeder, and I have been meeting with concerned citizens, elected officials, and U.S. Forest personnel over the past two years to preserve the 28,000 acres of prime forest land in Northern Idaho for our
citizens and to by managed by the U.S. Forest Service. The Idaho Congressional Delegation and Gov. Otter have been contacted and apprised of developments.
Constituents are opposed to the proposed Land Exchange as are
most elected officials at the local, county, and state level.
The discussion has now shifted to the possibility of a "land purchase" option. This means that if sufficient funding were identified that the U.S. Forest Service would purchase the 40,000 acres on the Lochsa from WPT and then manage the purchase. The 7,000 acres in Latah County would remain under the management of the U.S. Forest Service and our citizens could still enjoy their activities with unlimited access. There are many details to still work out. It is anticipated that in late October that an Environmental Impact Statement will be released by the U.S. Forest Service, and then we will all have an opportunity to make comments, and meetings to review the document will be held.
THORNCREEK TO MOSCOW HIGHWAY 95
Jim Carpenter,
Regional Director for the Idaho Transportation Department, communicated with me today and indicated that almost $19.2 million in funding is currently committed for the Thorncreek to Moscow Road. This will occur when the Environmental Impact Statement is finally approved. ITD has been asked by the Federal Government to update the earlier environmental assessments made five and six years ago. Mr. Carpenter says that this stretch of road is the top priority project in District II. My guess is that we are still looking at another three years down the road before the project is completed.
Rep. Tom Trail
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