A letter sent to DKRW Advanced Fuels LLC by the Bureau of Land Management, may cause the project to run past the 39-month extension issued by the Industrial Siting Council on Dec. 18.
According to the letter, The BLM Rawlins Field Office reviewed the current plan of development and has determined that the Environmental Impact Statement (EIS) will take around 30 months or more.
The letter states “The BLM, RFO, reviewed the current plan of development the plants and determined the plants and its ancillary facilities (i.e. pipelines, power lines, water wells, access roads), no matter whom applies for them, will be a connected action under NEPA. Given that and the level of controversy surrounding this project, a single EIS to cover all aspects of the project including the plant, pipelines, and transmission lines, appears to be the appropriate NEPA document. Please build approximately 30 months or more, from the time the DOE EIS begins to move forward, into your project schedule for the completion of the EIS and the issuance of the requested ROW grants.
During the Dec. 18 Industrial Siting Council, K. Wade Cline, Executive Vice President, Construction and General Counsel of DKRW Advanced Fuels, LLC, told the council in 2009 the Medicine Bow Fuel and Power LLC (MBFP) was granted approval for the Department of Energy loan guarantee and a Department of Energy EIS was in progress and that the BLM was a cooperating agency. Cline said MBFP has filed with the BLM a plan of development that is still pending their approval.
The BLM is considered a cooperating agency because of the right-of-way grant application for the pipelines, roads and transmissions lines for the MBFP project.
While the EIS will not affect construction of the plant itself, because it will be built on private land, the EIS could impact the pipelines and transmission lines.
The amendment granted by the Industrial Siting Council in December includes a condition that if DKRW cannot meet the 39-month deadline, the permit will be revoked.
Luke Esch, Industrial Siting Division Administrator, said that he doesn’t believe the EIS will have a significant impact on the permit issued by the Industrial Siting Council.
The Industrial Siting Division advises proponents in projects like DKRW to have the EIS completed before applying for the permit to avoid any delays.
If it does have a significant impact, DKRW will have to appear before the Industrial Siting Council, Esch said.
The Saratoga Sun called Cline for comment. As of press time, the Sun had not received a return call.
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