McQuown pleads with board to use Whipple’s counsel for proposed carbon pipeline ordinance

Rural Red Oak resident Maggie McQuown is the latest to urge the Montgomery County Board of supervisors to take action on the proposed carbon pipeline ordinance drafted by attorney Tim Whipple of Ahlers & Cooney Law firm.
McQuown, who is a member of the Montgomery County Board of Adjustment, met with the supervisors during the regular meeting April 4.
McQuown also attended the special board of adjustment meeting March 28 and said the conversation with Whipple was the most informative she’d been a part of in quite some time.
“I urge the supervisors to use his counsel. Mr. Whipple is very knowledgeable about the legal issues surrounding the pipeline, and he’s already working for the supervisors and the residents of Montgomery County,” McQuown said.
Montgomery County, McQuown said, is zoned, along with most other Iowa counties, and zoning is a land use issue. Currently, the proposed route for Summit Carbon’s pipeline project is on land zoned solely for agricultural use.
“Summit is required to apply for a special use permit since the pipeline is an industry and not a utility. Zoning administrator Barry Byers has given Summit the county’s special use permit application, and to date, Summit has not completed or submitted the application to the county,” advised McQuown. “In fact, Mr. Whipple informed us that Summit has ignored and avoided all county permitting issues to date. No matter what, Summit will eventually need to apply and and get a special use approval to construct the pipeline across the proposed route in Montgomery County.”
McQuown added a key step in the process was having the supervisors approve the ordinance that had been proposed.
“Without a pipeline ordinance in place, the board of adjustment has no guidance in reviewing or approving the special use permit and siting and routing of the pipeline. The separation section of the proposed pipeline ordinance provides guidelines for siting and routing regarding land use in our county,” commented McQuown.
McQuown further stated that according to law, the federal government, via the Pipeline and Hazardous Materials Safety Administration (PHMSA) has jurisdiction over safety guidelines for a pipeline. However, there are no current carbon pipeline safety guidelines established. They are being developed by PHMSA but no release date is set. McQuown said it appeared Summit was pushing to get its pipeline application approved prior to PHMSA’s release of carbon pipeline safety guidelines so it could be grandfathered in to the current safety guidelines. However, according to law, states and counties have jurisdiction over the siting and routing of a pipeline.
“The pipeline ordinance to be approved is the best line of defense and method to control where Summit or any other private pipeline company can site or route a pipeline in our county,” McQuown stated. “While the safety of Montgomery County residents is a key concern, PHMSA is the entity that sets those guidelines. We must focus on our key tool of land use guidelines. The proposed pipeline ordinance provides concrete separation guidelines and other provisions.”
McQuown said she urged the supervisors to act on the pipeline ordinance as quickly as possible, and recommended County Engineer Karen Albert and Byers not expend any time or cost to review road crossing applications until Summit submitted its special use permit, citing a waste of spending county funds and time on a project not yet officially approved.
McQuown also advised, on behalf of Montgomery County residents, that the supervisors participate in the petition to intervene process during the October and November hearings at the Iowa Utilities Board.
“This will demonstrate that Montgomery County will defend its right to oversee the proper use, siteing, and routing of Summit’s carbon pipeline through our county, if the project is approved to proceed,” McQuown said.