FOR IMMEDIATE RELEASE : January 24, 2013
CONTACT: Sara Rabern (605) 773-3215
Supreme Court Upholds Board of Minerals and Environment Air Quality Permit
PIERRE, S.D. - Attorney General Marty Jackley announced today that the Supreme Court upheld the South Dakota Board of Minerals and Environment air quality permit in the Matter of the Prevention of Significant Deterioration (PSD) Air Quality Permit’s Application of Hyperion Energy Center-Hyperion refining LLC – permit #28.0701. The Sierra Club and two other citizen groups appealed claiming an environmental impact statement (EIS) was required prior to issuance of the permit and that the permit expired due to Hyperion failing to begin construction. Hyperion also appealed contesting the carbon monoxide emission limit set by the Board.
In rejecting the Sierra Club and citizen groups’ arguments, the Court held an EIS was not required and there was no abuse of discretion in not ordering an EIS before issuing the air quality permit. The Court determined that given the activities associated with issuance of the air quality permit and the other regulatory and permitting requirements for the project, the decision not to order an EIS was reasonable. The Court also held the permit had not lapsed given Hyperion’s timely request for a construction deadline extension. The Court also rejected Hyperion’s arguments regarding the carbon monoxide emission limit set by the Board and found the Board was not in error given evidence concerning the best available control technology (BACT) concerning carbon monoxide emission controls.