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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.

 

The land proposed to be taken into trust is located in the northeast corner of the Fort Berthold Indian Reservation along the south side of North Dakota Highway 23, about 2 miles west of the turnoff to Makoti, North Dakota, in Sections 19 and 20 of Township 152 North, Range 87 West.


  FEIS LOCATIONS

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:

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:

Bob Brobst
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

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