The State of South Dakota told Hyperion this week that the company's objection to their own air permit is without merit. 

If this statement seems a bit odd, it's because one rarely sees an oil company challenging an air permit.  In this case, however, Hyperion (the company behind the proposed new oil refinery in Union County, SD) says that the limits set for Carbon Monoxide (CO) emissions are too low to be achieved.  After fighting hard to win the permit, Hyperion is now backtracking, saying that the permit is too stringent and will force them to be too clean.

The State of South Dakota has responded to Hyperion's complaint, saying that the CO levels in the permit were set by reviewing air permits of several other refineries.  Hyperion claims that--despite getting to build a new refinery with new technology--it would be impossible to meet the emissions standards set by other older refineries.  This runs counter to Hyperion's rhetoric that their new refinery will be one of the cleanest refineries in the U.S.

This news has only strengthened the local community's resolve and they vow to keep up pressure on the state to pull the plug on the Hyperion refinery.

For more information:

Sioux City Journal (3/4/2010) Hyperion, foes argue with state's critique of appeals