Please share the information in this website with anyone you know in Union County, South Dakota, or anyone who knows anyone in Union County, South Dakota. Be informed and VOTE NO June 3rd.
Zoning Ordinance
This may be the most important reason to vote no: Even if you support the refinery, you should seriously consider voting down this particular Zoning ordinance because it does not protect the residents of Union County . . . and I'm talking about everyone from Beresford to Dakota Dunes, not just those near Spink.
Despite how it is framed by both sides, the vote isn't really an up or down vote on Hyperion or a refinery. Union County residents are voting on whether or not to approve the Zoning ordinance that the County Commissioners passed. Unfortunately, this particular Zoning request should never have gotten this far . . . the Planning and Zoning Board and the County Commissioners should never have approved it. So now it is up to the people to uphold the law and defend themselves since their representatives didn't.
And if Hyperion is a company that values the people of the area as they say they do, they will 'allow' for this . . . they know that this is a negotiation and that people have the right and ability to negotiate for an ordinance that works for the company AND the citizens. It is not uncommon for companies to have Zoning requests denied; then they improve the proposal based on feedback and present it again. In fact, Hyperion has a lot of experience with having Zoning proposals denied -- Huddleston's own hometown won't even let him build an office building (much less a refinery). For more on that, see Huddleston and Zoning.
Most people who support the refinery do so because they sincerely believe it will bring jobs and economic development to the county they live in and care about. And since they do live in and care about the area, refinery supporters need to be aware that the Zoning ordinance does not do nearly enough to protect residents now and in the future. Here's a major reason why: WhyZoningRequestIsBad.
For more information, read
Young people
On May 5, the Sioux City Journal reported that many Young People will consider leaving the area if the refinery is built. Of Young people aged 18-24 years, 38% said they would consider moving if a refinery is built. Of Young people aged 25-34, 29% would consider moving. This puts a serious dent in the argument that the refinery will keep or bring back Young people to the area. It is possible to measure the number of people who may move here for jobs at the refinery in the future, but how do you count the number of Young people who leave or choose to not move back when they otherwise would have? The constant refrain about keeping and bringing back Young people seems to be drowning out the fact that there ARE Young people staying and returning to Union County. According to the data at www.censusscope.org, Union County's population pyramid signals a fairly healthy community:
eXplosions
Google "oil refineries eXplosions" and you'll see that eXplosions occur frequently. In fact, the oil industry has a special word for things like eXplosions, accidents, and catastrophic events -- they are called "upsets" . . . which is definitely a more palatable term. At these times, additional toxins are released into the air; a single start-up, shut-down, or "upset" can release emissions that equal the total number of emissions released the entire rest of the year. And oil companies are not required to report the emissions that are released during the several start-ups, shut-downs, or upsets (i.e. eXplosions, accidents, and catastrophic events) that occur every year at every refinery. Of course, eXplosions also occur on the pipelines, and we don't know where the pipelines will be.
For more information: "Upset" Air Pollution Goes Unpunished, Untracked by EPA
Wind
South Dakota has a lot of Wind. And that is 'good' since the way refineries deal with pollution is through dillution. Have you ever wondered why oil refineries have so many towers . . . and why they are all at different heights? There is a method to the madness, and it is called "dillution." By releasing emissions at different levels, the toxins are dispersed though the air by different Wind currents. This is 'good' since the pollution doesn't end up falling all on one area, but it is 'bad' because the pollution ends up going everywhere. This is particularly important for people who live in Beresford, Alcester, Elk Point, North Sioux City, and Dakota Dunes. Because of the height of the towers and the natural Wind currents in the area, the people in these areas will likely end up with more pollution than some people living closer to the refinery site. Hyperion's own data says that they will release thousands of tons of pollutants into the air. It doesn't just disappear, so where will the Wind take it?
See slides 21 and 22 on this presentation by the Living River Group.
Viability
Again and again, we are hearing that this project is not Viable. Hyperion has never told the people of South Dakota about their previous business ventures, and what we have found out is that the vast majority of Huddleston's/Hyperion's/Legacy Investment's business ventures have been failures. Huddleston's own CFO says that this project is a "misguided business venture." Hyperion does not have a contract to secure oil from the Canadian Tar Sands. Both Hyperion and TransCanada have said that the oil will not come through the pipeline that is being built, and from that experience we know that it takes years to build a pipeline as well as the other infrastructure necessary -- yet, Hyperion's $10 billion price tag is in 2007 dollars. Arizona Clean Fuels has been trying to build a smaller refinery for over ten years in a less populated part of the country, and they still have not broken ground. People we have talked to in the oil industry do not recognize Hyperion as a real oil company. Hyperion does not have funding.
In the Argus Leader on April 24, Philip Verleger (head of a gas and oil industry consulting firm) said, "If it were commercially Viable, they wouldn't need a loan guarantee."
Why have the area's government and business leaders fallen for a company that does not appear to be offering a Viable project? Why waste time and money when we could be pursuing real, Viable options?
Union County
For two years in a row, Progressive Farmer magazine has named Union County as one of best places to live in rural America.
Here's what they said: "When God made Union County, he must have had the artistic one-third/two-thirds rule in mind. About a third of the county is bottomland, formed by the Missouri and the Big Sioux rivers that border it. The fertile land is ideal for corn and soybeans, and that's what you see as you drive through it: flat fields with river bluffs on the far horizon. The other two-thirds of Union County is hilly. Row crops cling to the gentler slopes and lie in the valleys while cattle graze the steeper hillsides. This is the rock-solid Midwest. It's where Norwegian-American author Ole Rolvaag was inspired to write "Giants in the Earth," a book about hard times on the frontier. Those times have gone, but the hard work and patience the pioneers inspired have made Union County prosperous. Its schools are good, its towns neat and its people friendly."
Traffic & Taxes
Isn't one of the best parts of living in this area the fact that you don't have to deal with high Traffic and high Taxes? Both Traffic and Taxes will increase as a result of Hyperion's project. As for the Traffic, people involved in construction and the oil industry have said that Hyperion's estimates for how many trucks will be on the road during the construction period and during operation are grossly underestimated. Remember, this would be one of the largest construction projects EVER undertaken in the U.S. This means that A LOT of roads will need to be built, widened, and made stronger and that rail lines and pipelines will need to be built. If you visit a large refinery, you'll see we don't have even close to the amount of infrastructure necessary, and Hyperion's plan does not say where these roads, railroads, and pipelines will go -- it is not just the refinery site that will become industrialized, the infrastructure necessary for this project will extend many, many miles. It is obvious that the impact to the rest of Union County and the Tri-state area will be tremendous as the means are built for bringing in coal and crude and taking out the finished products.
Hyperion will not be paying for all of this; Union County Taxpayers will be stuck with the bill for road upgrades, maintenance and repair, expansion of schools, more fire and police protection, and much more. Taxes will increase. And yes, Hyperion boasts of the Tax income it will provide to the county, but under South Dakota law, it will pay Taxes on only 20% of its investment. And much of that Tax income will not begin for years.
Standards
How many times have you heard that Hyperion's refinery will be 80% cleaner than the average California refinery? Hyperion has often said that their Standards will be higher than California's, which are currently the highest Standards in the country regarding oil refineries.
Yet when a bill was introduced in the South Dakota legislature to write California's Standards into South Dakota law, Hyperion lobbied against it. Why? This is a prime example of Hyperion refusing to put their verbal promises into something written and enforceable.
Not only did Hyperion lobby against the bill, but it was discovered that a couple years earlier (back when Rounds and Huddleston were playing golf and hunting) a bill had been passed that prevents South Dakota from passing any Standards regarding oil refineries that are higher than the EPA's standards. Why was this bill passed when South Dakota had never had nor had the (publicly-known) intention to have an oil refinery? For more on why it is important to have state Standards, see E for EPA.
Refinery Expansions
How many times have you heard that this will be the "first Refinery built in the U.S. in 30 years"? This is true to some extent, but it is certainly not the whole story. U.S. Refineries have upgraded and expanded over the last 30 years, and they will continue to do so.
In fact, on January 16, 2008, the President and CEO of the American Petroleum Institute, Red Cavaney, said, "Our industry is making record investments in U.S. Refineries, expanding their capacities . . . Current expansion plans will boost domestic Refining capacity by one million barrels per day between now and 2012, THE EQUIVALENT OF FIVE NEW REFINERIES."
In Google News, do a search for "Refiney expansion" and you'll see that Refineries are expanding in AL, CA, IL, IN, MI, MN, ND, and TX -- more than one in some of these states. It seems like a good idea to simply allow current Refineries to improve and expand since they are in already industrialized areas. We do not need a new Refinery to be built on prime agricultural land -- even President Bush recently recommended that they be built in already industrialized areas such as abandoned military bases. In part, Hyperion's claim about being "green" is correct; this would be the first Refinery built on "greenfield" rather than "brownfield" in the last 30 years.
Quality of Life
A major reason people live in Union County and the surrounding area is because of the high Quality of life. Do people realize how good they have it living in Union County? To see the difference in the Quality of life between Union County and demographically similar counties with refineries, go to http://www.stopgorilla.com/ and look at the Comparisons, Case Studies, Numbers, and Mailings.
According to the Sioux City Journal on May 6, Hyperion's Corky Frank said, "That's what this referendum is about. If people want to stay with the Quality of life as it is today, they should vote no."
Progress
Certain people have propogated an image that the people who are opposing the refinery are against Progress. The truth is, many people who oppose this refinery do so because they do not consider it to be Progressive. One reason is because of oil, which is discussed below. But a major reason is because people believe we should be and are capable of getting better companies with better businesses to come to the area. Think about the time and energy that will be invested in bringing one company in that won't be up and operational for at least ten years. Then consider the benefits of attracting cleaner industries and smaller businesses that would provide better jobs sooner. Are the Economic Development Committees in the various towns doing their jobs by 'putting all their eggs in one basket'? It would only take only 2-3 small to mid-size companies to provide the same number of jobs Hyperion will provide when it is operational . . . and these jobs could be available in just a few months or a couple of years compared to ten years. It is a world economy where business can be done anywhere at the stroke of a button -- how about shooting for real Progress?
Oil
Oil is not progressive. We know (and have known for a long time) that we have limited amounts of Oil -- it is a non-renewable fossil fuel. This letter-to-the-editor by Kim Keiser explains that we do have energy options that are more progressive than Oil:
"One thing has been striking throughout discussions of the proposed Hyperion Oil refinery is that our leaders - city, county, and state elected officials - have endorsed the project. Yet every day I read that the use of fossil fuels is out of favor, alternative forms of energy are being developed, pollution from refineries increases carbon-dioxide emissions responsible for heat-producing greenhouse gases and more. Many cities throughout the country and other government leaders, scientists and community organizations are starting to embrace environmentally responsible living and sustainable energy practices. Yet South Dakota is entertaining the idea of building one of the largest, most toxic Oil refineries in the country.
These same leaders are encouraging the youth of South Dakota to stay and find jobs here. If you want to develop a community and keep youth here and innovation alive, your leadership decisions should support economic development that is itself innovative. The Hyperion Oil refinery and energy production based on fossil fuels are not innovative or environmentally sustainable, and this is not the type of leadership decision upon which the future is built.
Ushering in tomorrow's energy practices will not happen by wish, a stroke of luck or by merely thinking about it. It will happen when our leaders put in place policies that support the energy sources of tomorrow. We need . . . leadership today to usher in a new era of energy sources and production. It requires ingenuity and vision to seek new possibilities for energy use."
VIABLE ENERGY OPTIONS EXIST to heat and cool our homes and businesses, to create products, and -- yes -- even to run our cars. But we as consumers need to demand it; we do not need to propogate a 20th century way of thinking and consuming.
For example, T. Boone Pickens recently announced his plan to build a $10 billion wind farm in Texas. Like our $10 billion Oil refinery, it will provide jobs, stimulate economic development, and provide much-needed energy. Unlike the refinery, the wind farm will truly be innovative and progressive. Shouldn't South Dakota, the 5th windiest state in the nation, be pursuing options like this?
For more information:
Neighbors
Love thy Neighbor as thyself.
The people who's livelihoods and homes are being threatened by Hyperion's plan are your Neighbors. Despite their claim, Hyperion is not.
Is "Love thy Neighbor" just a quaint old saying? If you don't think so, check out your real Neighbors' personal stories at http://www.saveunioncounty.com/family.htm. See how much this has already negatively impacted people's lives for a year, much less when they will be forced to either move or live close to a toxic industrial area.
Media Coverage
Unfortunately, the Media coverage on this issue has often been poor and one-sided. It is roundly believed that the best coverage has been by the Akron Hometowner. If you do not feel informed about the history and future of this project, get the back issues of the Hometowner and then subscribe to it. Other local newspapers have also provided good coverage, including the Vermillion PlainTalk. Coverage in the Argus Leader has been better than the seemingly biased reporting in the Sioux City Journal. Unfortunately, the Southern Union County Leader-Courier has not appeared to be able to offer unbiased coverage, perhaps because of Bruce Odson's connection with the project. Demand good journalism by supporting good papers.
Land
Driving across the midwest, it is hard to believe that only 10% of the world's Land is suitable for agriculture. But that is a fact. And some of the absolute best of that farm Land is right here in Union County, specifically, where the proposed site is. If you don't know the area, take a driving tour to see how huge the refinery really will be (it is bigger than any of the sorrounding towns.) Get out of your car for a breath of fresh air and think about the fact that Hyperion is not only buying Land but also air -- the cleaner the air is to start, the longer industries can pollute before reaching the point where they get fined.
Kids
There is a lot of research that shows that Kids are very vulnerable to the negative effects of refineries. In their air permit and on their website, Hyperion acknowledges that they will be emitting thousands of tons of toxic pollutants into our air. There is no way that this will not have a negative impact on people. Harvard Medical School's OIL: Analysis of Its Health and Environmental Effects, reports that "studies demonstrate that even allowable limits of many pollutants result in significant negative health effects."
Another study shows that newborns across the nation are already born with 287 chemicals in their bodies, 180 of which cause cancer, 217 of which are toxic to the brain and nervous system, and 208 of which cause birth defects (Lester Brown in Plan B: Rescuing a Planet). Do we really want to expose our kids to even more toxic chemicals? The Green River Valley in rural WY has ozone levels as high as major metropolitan areas because of their refinery . . . we are not necessarily safe just because we have a lot of air and space.
Kids, people with health conditions, and elderly people are the most susceptible to pollution. Health issues include respiratory problems (asthma, coughing, chest pain, bronchitis), skin irritations, nausea, itchy eyes, headaches, birth defects, and cancer. And in the U.S., air pollution claims 70,000 lives each year, more than the country's 45,000 traffic deaths (Lester Brown).
Jobs
In addition to "economic development," the main argument the proponents have for supporting the refinery is that it will bring Jobs to the area.
First of all, Union County has an employment rate of 96.7%.
Secondly, many of the Jobs Hyperion would bring are not "good Jobs." OSHA lists refineries as the most dangerous industry for employees in the Highly Hazardous Chemical Sector.
Thirdly, Hyperion's own statistics show that only 32% of the Jobs will go to residents within a sixty-mile radius. Of those, the highest percentage are hourly administrative Jobs; 80-90% of the good, high-paying Jobs will go to people they bring in. See Appendix A of the Air Permit.
Additionally, a similarly-sized (actually, larger) refinery in Gary, IN, employees only 1,200 employees whereas Hyperion says they will employee 1,800, so it appears that Hyperion's numbers may already be inflated. And, industry experts say that an optimally designed refinery should be able to run efficiently with only 500 employees. Since Hyperion says they are building an optimally designed refinery, how many Jobs is Hyperion actually going to provide?
IGCC
One of the things Hyperion claims will make them "green" is the use of IGCC gasification. On January 29, 2008, IGCC expert Stephen Jenkins testified that IGCC technology won't be ready for 6-8 years, that it has limited performance and emissions guarantees, and that commercial-scale capture and storage has not been demonstrated. Do do you really want to be the guinea pig?
There are only a couple examples of IGCC being used on a small-scale. Otherwise, in the U.S., 5 IGCC projects have been cancelled, 4 are on hold, and 2 projects have gone bankrupt.
For more information, see the article Why Carbon Capture is an Illusion
Hyperion & Huddleston
I don't even know where to begin . . .
Hyperion isn't recognized in the oil industry as an oil company. They don't have the funding to start or finish a $10 billion dollar project. Hyperion/Legacy Investments has a known track-record of failed business ventures, and they have yet to share a success story of their business. Hyperion repeatedly states that their refinery will meet standards higher than CA's, yet they lobbied against CA's standards being written into SD law. And people "trust" them.
Since I don't trust Huddleston, I'm only going to share what has already been published. I've tried to accumulate a lot of what we've found, but I'm sure I don't have even close to everything. There is a lot posted on www.elkpointgorilla.com about Huddleston and Hyperion, so look through the forum and list of articles for more information.
Gas Prices
It is all over the news and you feel it every time you fill up -- Gas prices are high. But this particular refinery will not ensure they will go down:
1) The dirty, heavy crude from the Tar Sands is extremely difficult and costly to refine. In fact, the only reason oil companies are pursuing this oil right now is because Gas prices are high; otherwise, it is not worth the cost of investment. Therefore, oil companies need Gas prices to stay high in order to make a profit from Tar Sands crude and it would be better for their profit margins if gas prices go higher.
2) On April 24th on South Dakota Public Television, Hyperion representatives and Governor Rounds said that there is no guarantee that anyone in South Dakota will be using the Gas they produce. In fact, the only way South Dakota will get the Gas is if the state offers the best contract at the best price.
3) To add insult to injury, many areas near refineries have an extra Gas tax to offset auxillary costs of a refinery. That's what happens elsewhere; will it happen here?
Funding
We have no assurances that Hyperion has the Funding to start or complete this massive project. In fact, Hyperion recently lobbyied in Washington for a $10 billion loan guarantee.
In the Argus Leader on April 24, Philip Verleger (head of a gas and oil industry consulting firm) says the loan guarantee request shows how speculative this project is. He said, "If it were commercially viable, they wouldn't need a loan guarantee."
Plus, the real, big oil companies are having record profits . . . if anything, shouldn't they be the ones building a new refinery? (Remember, the oil industry does not recognize Hyperion as a real oil company.) Or maybe Hyperion only needs a loan guarantee until they are able to sell this package . . . which brings us back to the concerns about the zoning ordinance.
Hyperion Financing Suffers Blow
EPA
"Oh, the EPA will protect us." This is a common refrain when opponents bring up concerns about the lack of local control and oversight. But if the EPA standards are enough, why does every single state with a refinery have state standards that are stricter than national standards? There are so many reasons to not rely only on the EPA it is hard to name them all:
1) The EPA allows heavy industries like oil refineries to self-report their emissions numbers. Studies have shown that emission numbers are under-reported by 10-30% (Houston Advanced Research Center, July, 2007). Hyperion acknowledges that they will emit thousands of tons of pollutants into the air (see slide 21); then imagine if these numbers are under-reported by 10-30%. Even if you trust Hyperion to report the correct numbers, keep in mind that this land/refinery can be sold to any oil company now or in the future (Hyperion/Legacy Investments is primarily a real estate investment company), and the industry's trends do not bode well for residents of Union County.
2) As previously mentioned, these self-reported EPA emissions numbers DO NOT INCLUDE START-UPS, SHUT-DOWNS, AND UPSETS which every refinery has several times a year.
3) EPA standards aren't that great. Harvard Medical School warns that even legal limits of air pollution cause "significant negative health effects" and that "even allowable limits of many of the pollutants result in significant health effects" (OIL: Analysis of Its Health and Evironmental Effects.)
5) "The EPA has failed to improve monitoring and reporting of toxic air pollution. In fact, EPA has moved in the opposite direction. In 2004, EPA actually adopted new rules that weaken air emission reporting requirements. Because EPA continues to knowingly allow industrial facilities to under-report toxic emissions, the public remains in the dark about the true extent of their exposure." See Environmental Integrity Project for more information.
DENR
South Dakota's Department of Environment and Natural Resources (SD DENR) is the entity that will approve permits. Of course, the SD DENR has never monitored an oil refinery, and there are some real concerns that they never will. Pierre Bernard, who worked for the SD DENR said, "The level of environmental enforcement in this state scares the hell out of me. I know there will be no oversight from the state." (SCJ, May 5, 2008).
Interestingly, the Fiscal Year 2009 Budget Briefing for SD DENR requests about $96,000 for "Engineering and Architectural Consultant and contracting environmental consultants with expertise in oil refineries, crude oil pipelines, and other expansion industries where DENR has little or no expertise. For example, the proposed Hyperion oil refinery in Union County will require just about every environmental permit that the department issues and the permit applications are expected to be complex. Because the department has no experience permitting a refinery, DENR may need outside expertise to assist in evaluating the permit applications. Without the ability to contract with experts, the permits may not be issued timely, may not adequately address all of the potential impacts to human health and the environment, and may not withstand legal appeals from opposing local residents and environmental groups."
While the DENR should be given some credit for recognizing they are not qualified for this undertaking and need outside help, $96,000 seems quite low for the magnitude of the project. I'd guess that could cover the salary of one expert . . . and do we really want only one qualified person reviewing and approving these permits and plans?
Canadian Tar Sands
It is preposterous for Hyperion to use the term "green" if they refine oil from the Canadian Tar Sands. The mining of the Canadian Tar Sands is called The Most Destructive Project on Earth. If you haven't learned about the environmental disaster going on at the Tar Sands, please educate yourself. We all make choices that cause unintended consequences . . . IT IS A DIFFERENT MATTER ENTIRELY TO MAKE A CONCIOUS CHOICE TO PARTICIPATE IN SUCH DESTRUCTION.
BACT
Another thing Hyperion uses to support their "green" claim is that they will be using BACT which means Best Available Control Technology. Ironically, despite its name, BACT is not "best." According to Oil Refinery Permits: A Handbook for Citizen Participation in the Permitting of Oil Refineries, all BACT means is that the oil company will use the best technology they are able or willing to pay for. Considering Hyperion's funding situation, one must wonder what the "best" really will be.
In the oil industry, LAER is actually best. LAER stands for Lowest Achievable Emissions Rate and is "the most stringent pollution control possible" (p. 53). Never heard of it? That's because Hyperion has never mentioned it.
If Hyperion were trying to build this refinery in any state that already has a refinery, at least some people would know about BACT, LAER, PSD, NA NSR, CAA, and the multitude of other terms and acronyms in the industry. And language means a lot; in the above-mentioned handbook, there are Appendices for "Ambiguous Language That May Indicate Practical Enforceability Problems," "Unacceptable Credible Evidence-Limiting Language," "Minimum Criteria for Excess Emission Affirmative Defenses (Where Available), and "Key Steps in the Top-Down BACT Determination." To learn more, you can download a copy of Oil Refinery Permits: A Handbook for Citizen Participation in the Permitting of Oil Refineries, go to www.environmentalintegrity.org. This handbook also shows that the process in South Dakota concerning Hyperion's proposal has been backward and rushed.
AquiferThe site of the proposed refinery sits on top of a huge Aquifer. This Aquifer is extremely shallow -- in some places it is at or near surface level. It provides drinking water to people with wells, and it is part of the world's ever-dimishing supply of fresh, clean water.
Hyperion has taken several area people to visit the El Segundo refinery in California, apparently to show it as good example of what a refinery can be. Several people on the Elk Point Economic Development Committee have referenced El Segundo as an example of a good, clean refinery. What they fail to mention (did Hyperion tell them?) is that El Segundo had a major oil leak that went undiscovered for 10 years -- it is THE LARGEST OIL LEAK EVER RECORDED at an oil refinery in the United States.
Now, if this is the refinery that Hyperion is holding up as a model, do we really want them building a refinery on top of our Aquifer?
FOR FUTHER INFORMATION, PLEASE VISIT
WWW.WOMENSTANDINGTOGETHER.BLOGSPOT.COM
OR VISIT THE AREA OF THE PROPOSED SITE AND TALK WITH PEOPLE -- THEY HAVE BEEN EDUCATING THEMSELVES FOR NEARLY A YEAR.