Region 8
Serving Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming and 27 Tribal Nations
Proposed MHA Nation Clean Fuels Refinery
Final Environmental Impact Statement (FEIS)
EPA, the Department of the Interior and the Bureau of Indian Affairs have completed the Final Environmental Impact Statement (FEIS) for the Mandan, Hidatsa and Arikara (MHA) Nation’s proposed Clean Fuels Refinery on the Fort Berthold Indian Reservation near Makoti in North Dakota. Initially, the FEIS was made available for public review for a 30-day “wait period” from August 28, 2009 through September 28, 2009.
On September 18, 2009, the Agencies extended the wait period another 30 days to October 28, 2009. After the “wait period”, the federal agencies can make their decisions on the proposed federal actions. The federal agencies are accepting comments during the wait period. Comments should be a submitted to Steve Wharton at EPA no later than Wednesday, October 28, 2009.
Click here to view the FEIS
The EIS serves as the basis for two Federal decisions:
- EPA issuance of a National Pollutant Discharge Elimination System (NPDES) permit for the discharge of treated wastewater from the proposed refinery, and
- DOI/BIA acceptance of fee land into trust for the purposes of building the refinery and for producing forage for the Tribe’s buffalo herd.
Following the close of the wait period, the agencies will issue their respective Records of Decision regarding the NPDES permit and Fee-To-Trust request. Following these Federal decisions, the MHA Nation will be making its decision regarding construction and operation of the refinery.
OPEN HOUSE / PUBLIC MEETING
EPA and DOI-BIA representatives have scheduled a Public Meeting to update all interested parties on the details of the Final Environmental Impact Statement and new information available on analyzing the impacts of the refinery on human health and wildlife, including food chain impacts.
Four Bears Casino, New Town, ND
September 9, 2009, 7:00 p.m.
About the Proposed Refinery, location map
CHANGES BETWEEN DEIS AND FEIS
The main changes between the Draft and Final EIS are the Response to Comments on the Draft Environmental Impact Statement Draft (DEIS) and changes made to the air, environmental justice and human health sections. The FEIS Appendices E and F include the Response to Comments and the comments received through the public participation process, respectively. Paper copies of the FEIS can be viewed at the locations listed below on this page.
Electronic copies of the FEIS are found on this page.
TIMELINE FOR EIS, NDPES PERMIT AND FEE-TO-TRUST IF PROCESSES
| DEIS | |
| Public comment period on DEIS, NPDES permit and Fee-To-Trust transfer | June 30 - September 14, 2006 |
| Public hearings on DEIS, NPDES permit and Fee-To-Trust transfer | July 31 - August 5, 2006 |
| FEIS | |
| EPA and BIA respond to comments, revise EIS and permit | Summer 2009 |
| EPA and BIA publish Final EIS including Response To Comments | August 28, 2009 |
| Public meeting on FEIS, NPDES permit and Fee-To-Trust transfer | September 9, 2009 |
| Record of Decisions | |
| Agencies issue decisions on NPDES permit and Fee-To-Trust transfer | November 2009 |
| MHA Nation could start construction, if the Tribes decide to build the refinery | Fall 2009 (estimated date) |
About the Proposed Refinery
The Mandan, Hidatsa and Arikara (MHA) Nation propose to build a new 13,000 barrels-per-day clean fuels refinery and grow forage for buffalo on the Fort Berthold Indian Reservation located near Makoti, North Dakota. The MHA Nation would own and operate the refinery. The proposed facility would refine synthetic crude oil from Canada into gasoline, diesel fuels, and propane. Synthetic crude feedstock would be supplied via an already existing pipeline nearby. Construction on the refinery is proposed to begin in 2009/2010.
The MHA Nation previously purchased the 468.39 acre site. The refinery would be on 190 acres of the site. The remaining 279 acres would be used to grow forage for the Tribe’s buffalo herd, although buffalo would not be located at the site. The proposed refinery location is in the northeast corner of the Fort Berthold Indian Reservation in Ward County.
Following the purchase of the property, the MHA Nation requested that the BIA accept the property into trust status. The MHA Nation has also applied to the EPA for a NPDES wastewater discharge permit for the refinery. DOI/BIA, EPA and the U.S. Army Corps of Engineers (COE) will consider the environmental impacts of the proposed project, project alternatives and public comments when making their decisions.
Paper copies of the FEIS can be viewed at the locations shown below. Some Appendices and the Technical Reports were not printed out in paper copies of the FEIS; instead of these documents have been included in electronic format on the CD-ROM included with the paper copy of the FEIS or are available online. Paper copies of these documents can be requested from EPA by contacting Steve Wharton or calling 303-312-6935. Also, Appendices A and B were printed out in the paper copy of the DEIS. In the FEIS these two unchanged appendices are on the CD-ROM.
| BIA Regional Offices 115 4th Avenue, SE Aberdeen, SD |
BIA, Fort Berthold Agency 202 Main Street New Town, ND |
Four Bears Segment Office 404 Frontage Road New Town, ND |
| EPA Region 8 Library 1595 Wynkoop St, 2nd Fl. Denver, CO |
Twin Buttes Segment Office Twin Buttes, ND |
White Shield Segment Office Roseglen, ND |
| Three Affiliated Tribes Government Offices 404 Frontage Road New Town, ND |
Lucky Mound Segment Office Parshall, ND |
Mandaree Segment Office Mandaree, ND |
| Rensch Garage 121 Main St. N. Makoti, ND |
Shell Creek Segment Office 710 East Avenue New Town, ND |
For more information about the FEIS, contact:
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| Steve Wharton U.S. EPA Region 8 (8P-HW) 1595 Wynkoop St Denver, Colorado 80202-1129 wharton.steve@epa.gov (303) 312-6935 or 1-800-227-8917, ext. 6935 |
Mike Black Great Plains Regional Office Bureau of Indian Affairs 115 4th Avenue, SE Aberdeen, South Dakota 57401 (605) 226-7343 |
For more information about the draft NPDES permit contact:
U.S. EPA Region 8 (8P-W-WW)
1595 Wynkoop St.
Denver, Colorado 80202
brobst.bob@epa.gov
(303) 312-6129 or 1-800-227-8917, ext. 6129