[Vision2020] Legislative Update 13: Exon Megaloads and Proposed Lochsa Exchange

Rep. Tom Trail ttrail at moscow.com
Sat Sep 11 20:15:54 PDT 2010


LEGISLATIVE UPDATE 13

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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