Several opponents of the proposed Hyperion Refinery seem to be mentioning frequently the fact that the South Dakota Department of Environment and Natural Resources allowed Hyperion to use air quality data for Sioux Falls when figuring the composite amount of pollution the refinery’s emissions would mean for the air in Southeastern South Dakota.

They argue that Sioux City is twice as close to the site just north of Elk Point, S.D., as is Sioux Falls. And, and since the atomoshpere doesn’t respect state lines, it is Sioux City’s (much dirtier) air quality that should be included in the formula. The total projected pollution would likely prohibit construction of the refinery here, they say, due to federal limits.

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 So here it is, the paragraph correcting my error in Sunday’s preview of what is anticipated to happen this week at the contested case hearing on Hyperion Refining’s preconstruction air quality air permit application. The hearing is set to re-convene Tuesday in Pierre before the DENR’s Board of Minerals and Environment. That’s the board that will grant, or not grant, the required permit for the proposed oil refinery/energy center:The South Dakota Department of Environment and Natural Resources has not made changes to the air-quality permit being sought by Hyperion Refining since the start of a contested case hearing in May and did not meet with a Hyperion consultant earlier this month. The meeting took place June 14-15, 2008. A story headlned “Battle Over Hyperion Air Permit to Resume” on Page A1 of the Journal’s June 21 edition contained incorrect information. (more…)

DAKOTA DUNES — The Dakota Valley Business Council sent out a message Monday urging its members to voice their support for the $10 billion, 400,000-barrel-per-day when the state South Dakota Department Department of Environment and Natural Resources’ Board of Minerals and Enviornment holds public comment meetings Wednesday and Thursday in Elk Point, S.D.

The DVBC took that stand about a year ago and spoke in support of the project before the public hearings on rezoning the 3,292 acres for the project held by the county zoning board and board of county commissioners.

DVBC President Greg Miner said in a statement that the business council wants its members to voice support for the project and to ask the DENR “to objectively evalutate the Hyperion Air Quality Permit and act on it without delay.”

Following the two days of public comment in Elk Point and a tour of the proposed site about seven miles north of there, the BME will hold a trial-like contested case hearing on the air quality permit over two weeks, one each in May and June, in Pierre. There’s no telling how long the board will review the evidence and application before ruling on it.

Hyperion needs the permit before the project can proceed.

The beginning of either a potential end of Hyperion’s refinery project — or its acceleration — is finally at hand. We’re less than a month from the business meeting and public hearing set for April 15 and 16 in Elk Point, S.D. by the South Dakota Department of Natural Resources’ Board of Minerals and Environment.

The board will meet both days at the Elk Point-Jefferson High School, 402 Douglas St., in Elk Point. The public hearing will precede the more technical contested case hearing on the project’s required pre-construction air quality permit, without which the company won’t put so much as a shovel in the ground.

For now, here’s the proposed agenda for the local, public hearing, which includes board business besides Hyperion Refining – it could change:

* 10 a.m. Start time on Wednesday, April 15

* Roll call

* Minutes

* Mining issues

*Oil & Gas contested case

* Hyperion motions hearing and prehearing conference

* Lunch break

* 1:15 p.m. — site tour, BME, staff, representatives of the parties. Public can trail along but not participate

* 3 p.m. – Begin the public comment portion of the meeting

* 5 p.m. — Adjourn for dinner

* 7 p.m. — Reconvene for public comment

* 9 p.m. — Adjourn

Thursday, April 16

* Reconvene for public comment

* Continue as needed but no later than 5 p.m.

The more definitive contested case hearing on the air quality permit is set for May 19-22 and June 23-26, in Pierre.

It will examine the specifics of the pre-construction air quality permit, which Hyperion must have in order to begin construction of the 400,000 barrel per day oil refinery it is proposing for southern Union County. The contested hearing is a legal proceeding; all parties must be represented by an attorney.The dates may only be changed for only by the hearing chairman and only for “good cause,” according to the DENR. The Journal will keep you posted.

It will examine the specifics of the pre-construction air quality permit, which Hyperion must have in order to begin construction of the 400,000 barrels per day oil refinery it is proposing for southern Union County. The contested hearing is a legal proceeding; all parties must be represented by an attorney.The dates may only be changed for only by the hearing chairman and only for “good cause,” according to the DENR. The Journal will keep you posted.