See the following news on the refinery/coke plant proposed for South East South Dakota.  It looks as if the refinery people are at last facing a range of tough issues they ignored in their air pollution permit.

Jim Redmond


________________________________________
From: Ed Cable [[log in to unmask]]
Sent: Wednesday, June 16, 2010 5:33 AM
To: [log in to unmask]
Subject: Hyperion Energy Center Hearing

In a hearing in Hughes Circuit Court in Pierre yesterday afternoon, oral arguments were held on Hyperion's recent motion.  As a
result, the Judge ruled that the matter is being sent back to the Board of Minerals and Environment to hear additional testimony and
address at least 6 items as follows:
1.  New EPA ruling on SO2
2.  New EPA ruling on NO2
3.  EPA greenhouse gas rule of June 3, 2010
4.  Emissions from the coker quench water tank
5.  An extension of the construction start deadline by 18 months
6.  Review BACT due to the extension and new emissions

In addition, the Board may choose to review other items that are "material and constitute new evidence" that were not earlier
addressed.  In any event, there is no hearing on June 23 on the previous appeal which is now put on "hold".  The Court did not put a
date specific on the proceedings of the Board.

We will discuss this further for those who are interested at a meeting to be held this Thursday, June 17 at the usual time and
place.

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