Draft Air Permit for Hyperion Energy Center Will Go To Hearing


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ENVIRONMENT AND NATURAL RESOURCES
For IMMEDIATE Release: Friday, October 10, 2008
FOR MORE INFORMATION: Kim Smith, (605) 773-3152
 
Draft Air Permit for Hyperion Energy Center Will Go To Hearing
 
PIERRE, S.D. – The Department of Environment and Natural Resources (DENR) announced today a contested case hearing regarding the draft Prevention of Significant Deterioration preconstruction air quality permit for the proposed Hyperion Energy Center in Union County will be held. The reason is that Hyperion itself petitioned on October 6 for a contested case hearing before the Board of Minerals and Environment.
 
The petition states, “Hyperion requests a contested case hearing because doing so is in the public interest and would advance the purposes of the administrative proceedings for this matter. A contested case hearing provides a forum where the Board can resolve any legitimate questions that may be raised about the permit by interested parties under the applicable rules.”
 
Under state rules, individuals or entities may comment on the draft permit or may contest the draft permit during the 30-day public notice period, which in this case has been extended to 61 days. A second opportunity to contest the permit occurs after DENR responds in writing to each individual or entity that provided comments and is informed of DENR’s final permit decision. The individual or entity has 30-days from receiving the final permit decision to decide if they want to become a party by formally contesting the permit. Once a permit is contested (during either the draft permit comment time period or during the final permit decision notice time period), the process of scheduling a contested case hearing before the board begins. If a draft permit is not contested, state law allows DENR to issue a final permit without a contested case hearing.
 
The draft Prevention of Significant Deterioration preconstruction air quality permit for the proposed HyperionEnergyCenter was initially public noticed on September 11, and on October 2, DENR extended the comment period.  DENR will continue to take all comments received by close of business on November 14 into consideration and issue a final agency permit decision within 30 days of the end of the public comment period. DENR will notify the applicant and each person who submitted written comments or requested notice of DENR’s final permit decision.
 
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Note: A copy of Hyperion’s petition for contested case hearing can be found on DENR’s web site at http://www.state.sd.us/denr/hyperion.htm.