Hyperion Energy Center - Air Quality
PSD Permit Expiration: Hyperion Energy Center officials issued a press release on March 15, 2013, the deadline date for Hyperion to begin construction under their Prevention of Significant Deterioration (PSD) permit. The press release announced Hyperion’s decision to not request a second extension to their existing PSD permit and they will consider filing a new air permit application.
PSD Permit Litigation: In September 2009, Citizens Opposed to Oil Pollution, Save Union County, Sierra Club and Hyperion appealed the Board of Minerals and Environment’s 2009 permitting decision on Hyperion’s Prevention of Significant Deterioration (PSD) permit to the 6th Judicial Circuit Court. The case was remanded for additional evidence, and the Board’s November 2011 Revised PSD Permit was also submitted to the Court for review. After the Circuit Court issued a decision affirming the Board’s issuance of the 2009 and 2011 Permits, Citizens Opposed to Oil Pollution, Save Union County, Sierra Club, and Hyperion appealed to the South Dakota Supreme Court. The South Dakota Supreme Court considered oral arguments involving the appeals on October 3, 2012.
Revised PSD Permit Issued September 15, 2011: On June 23, 2010, Hyperion submitted a request to extend the construction deadline in its PSD permit. The extension request was granted by the Board of Minerals and Environment and a revised PSD permit was issued on September 15, 2011. The revised PSD permit decision was appealed. See PSD Permit Litigation above.
PSD Permit Issued August 20, 2009: On December 20, 2007, Hyperion submitted a PSD air quality preconstruction permit application for the Hyperion Energy Center project. The proposed Hyperion Energy Center consists of a petroleum refinery capable of processing 400,000 barrels of crude oil per day, an integrated gasification combine cycle (IGCC) power plant capable of generating 400 megawatts of electricity, and ancillary equipment. A PSD permit was issued by the Board of Minerals and Environment to Hyperion on August 20, 2009. The PSD permit decision was appealed. See PSD Permit Litigation above.
Monitoring Information: Beginning in 2009, the Department of Environment and Natural Resources (DENR) began operating three air monitoring sites in Union County. DENR is collecting air quality concentrations to determine rural background levels for criteria air pollutants and air toxic pollutants.