Refinery Reform Campaign

The Environmental Awareness Committee

December 03, 2003

Mr. Horace Pipe
25300 366 Street SW
Makoti, ND 58756

Re: Notice of Intent to Prepare an Environmental Impact Statement for the Proposed Mandan,
Hidatsa, Arikara Nations Clean Fuels Refinery, Ward County, ND

Mr. Pipe:

My name is Jodie L. White, I am party to an organizing effort of members of the Three Affiliated Tribes and Citizens of the surrounding area, whom have come to call ourselves the

"Environmental Awareness Committee". We have joined together out of our deep concerns for our Children & their Developing Bodies, Future Generations, our Elders, all People, including those with existing Immune Suppressed Health Conditions (Asthma, Respiratory Illness, Cancer, Diabetes, Kidney Dysfunction, etc.), all Life, the Earth that nurtures all living things, the Water that sustains all life, the Air that gives life.

We would like to request an extension of 60 days of the public comment period as we feel that the people have not been afforded proper notification of the actual public comment time line nor were the people given notice by the proposed refinery proponents of the publication of the Notice of Intent in the Federal Register, also the publication within of the Notice of Intent listed a heading different than what was listed during the meetings, as referred to in the next sentence, making it extremely difficult to find in the Federal Register. Meetings were held during the last week of September, provided by the proposed refinery proponents, in which the few people who were aware of the meetings and attended them were told that public comments had to be submitted in writing by October 31, 2003 & that those who verbalized their concerns during the meetings would not be considered, other than by written comment.

I am submitting the following comments on behalf of myself and the Environmental Awareness Committee members in regards to the above mentioned proposed refinery. We & I am requesting that the EIS address these following concerns and issues:

What, by name, are the projected Toxic Chemicals & Volatile Organic Compounds expected to be utilized, created and released by this proposed refinery?
What are the amounts of Toxic Chemicals and V.O.C.’s that are expected to be released into the Air, Water and Earth through Point and Non-Point (Fugitive) sources by the Month and the Year?
What is the complete listing of expected methods of such releases?
What affects are expected, in locating the proposed refinery adjacent to and in close proximity to People who live, work and play in Residential Neighborhoods, Schools, Ranch Homes and their Livestock, Farm Homes, Lands and Crops, Wild Life Refuges as well as the affects to such of the Pollution created by the proposed refinery and the associated Health Effects, Noise Pollution, Light Pollution, Increased Traffic and effects of accidents, explosions, spills and fires to all the above mentioned?
What is considered within the Risk Assessment?
What all and to what degree is considered an allowable risk to Human Health, all aspects of the Environment and all Life?
What are the expected effects of Air Pollution fallout, Acid Rain and Storm Water Runoff from the proposed refinery site to Human Health, all aspects of the Environment and all Life.
What consideration, actions and mitigation are expected or proposed in dealing with possible Terrorism Targeting of the proposed refinery?
Will Wastewater pond and Systems leading to the Ponds be enclosed?
Will Sludge and Hazardous Solid Waste created by the refining process be disposed of on the refinery site in enclosed areas? If such wastes are transferred off site, where will they be transferred?
Will Hydrofluoric Acid be used as a Catalyst? If not, what will be used in place of such?
What Types of Ammonia will be used for NOx control?
Since the State of North Dakota will be excluded from the Monitoring and Regulatory Process, Who or What agency will initiate & conduct the Regulatory Aspect and Monitoring associated with the proposed refinery?
Who or What Agency will conduct SIP & Non Routine Investigation and Document Violations?
Who or What Agency will respond to and properly investigate Citizen Complaints?
Will the proposed refinery Flares/Flaring(over pressure protection device) Pollution rates be monitored? If so, by what means? What is the expected combustion efficiency rate or percentage?
Will Flow Gases vented into each Flare be continuously monitored?
Will Flare Emissions be regulated?
Will Descriptions of Flaring operations (duration, time, cause, measures to eliminate and reduce), recorded images of Flaring by continuous video camera and submission of recordings, by video and written in monthly reports be available to the public and or to who and what agency?
Where will the Ambient Air Monitoring Stations be located on site and off?
What types of Ambient Air Monitoring will be conducted?
What are the names of the Chemicals and VOC’s will be monitored?
Who or What Agency will issue notices of Violations?
Who or What Agency will Investigate Discrepancies or Violations of Improper Reporting?
Who or What Agency will take Enforcement Actions to enforce the law for Serious and or Repeat Violations?
Who or What Agency will initiate and pursue legal actions when administrative penalties have failed to bring continuous compliance?
Who or What Agency will require corrective action measures to correct repeat or serious violations?
Who or What Agency will conduct Independent Review of Emissions and other reporting? How Often?
Who or What Agency will Monitor the proposed refineries Maintenance of Complete and Accurate Records? How Often?
What is the list of the projected 65 to 70 permanent jobs (within the proposed refinery) and the expected beginning and or standard pay scale for each of the jobs listed?
What effects to the Three Affiliated Tribes may or will occur from lawsuits initiated by Non-Indian and Indian alike associated with; Accidents, Explosions, Fires, Spills, etc. on the proposed refinery site and off site by the same occurrences through transport and illnesses and death arising from such?
Why wasn’t more consideration given to Non-Polluting sources of Economic Development

Available to the Three Affiliated Tribes, such as the Tribe’s Tremendous Wind Energy Potential? Within S.522 Title XXVI-Indian Energy "Sec. 2601. FINDINGS; PURPOSES. (7) The Department of Energy estimates that the Wind Resources of the Great Plains could meet 75 percent of the Electricity demand in the contiguous 48 States.

In order to participate in the environmental review process effectively and create a better Understanding, we request the following information:

A copy of the FEED Study of the proposed refinery, as it should be made available to the Tribal Membership for review, since the Tribal Membership would be considered potential owners. Receipt of such was previously requested and promised.
A copy of the listing of what entails "State of the Art Facility and Most Technologically Advanced Refinery" specifications (Incorporated Technology List of such). Since the Three Affiliated Tribes Membership is considered owners of the proposed refinery. Receipt of such was previously Requested and TRIAD President, Robert Woolley, promised receipt.
A listing of current and proposed 2008 EPA regulations cited.

Acquisition of the aforementioned requests would greatly enhance our understanding and ability to make informed comment.

The Tribal Membership was excluded and not given a voice or vote in the decision making process as to whether or not the TAT Membership wanted a Oil Refinery within our reservation boundaries, while members of the Makoti City Council were afforded the vote in the decision of the proposed refinery site.

There is major concern by some members of the Three Affiliated Tribes in the potential loss of sovereignty issues already surfacing within the development of the proposed refinery including ND State Taxation Issues, Non-Indian Proximity Infrastructure development, maintenance, use of deterioration associated. Already, the Ward County Board of Commissioners, within the expected loss of property tax in the Fee to Trust land transfer of the proposed refinery site have expressed such concern in a Minot Daily News front page article dated November 05, 2003. They address those concerns and others including, the impact the project could have on county roads from increased traffic. They expressed intent to ask the Three Affiliated Tribes to make payment in lieu of the taxes if the land is transferred into Trust. There are other areas of consideration associated, such as impact to rural water systems, water intake source for refinery processes, re-injection to source of water intake of treated waste water, Makoti City POTW use, City sewage lagoon use, Contamination seepage and storm water runoff to earth-ground and surface waters, City emergency treatment facilities, readiness, emergency response systems, cost of training associated, School expansion, Railroad use and wear, etc.

In association to the Coal and Lignite Energy Industries, Mercury contamination of the Fish in our Lake Sakakawea and in the State of North Dakota waters is to such a degree that Fish Consumption Advisory has been issued by the State Dept. of Health.

Biological Monitoring should be conducted on the Human Population, Wildlife, Local Livestock, Aquatic Life, Tribal Buffalo-who will utilize the remaining acreage grassland surrounding the refinery for forage(as Mentioned by the refinery proponents), for pre-exposure and post exposure base results from the TRI pollution effects, to track and measure the levels of the various chemicals and VOC’s, to track disease patterns to determine whether the TRI release to the Air, Water, and Earth and their exposures to such living things are causing illness. To aid in deciding what type of medical treatment is needed and as a valuable tool in disease prevention, followed by prompt and appropriate intervention to limit or stop the exposure and will help to prevent illness and disease from occurring. Crop and soil analysis should also be conducted for similar reasons, since many acres surrounding the proposed refinery site consist of farmlands.

The proposed project will significantly affect the human environment, including the toxic effects upon such.

The proposed refinery and it’s Toxic Release Inventory will significantly adversely affect public health and safety and have highly controversial environmental effects.

Many endangered species utilize the surrounding area wildlife refuges, sloughs, ponds, creeks, lakes, including; Swift Fox species, Eagles, Whooping Cranes, Blue Herring, Western Burrowing Owls, Black footed Ferrets, Wolverines, Pallid Sturgeons, Paddle Fish, western Silvery Minnows, Plains Minnows and many other endangered and threatened species of Birds, Reptiles, Mammals, Plants, Insects, Fish and Mollusks can be found within direct proximity to the proposed site and within a thirty mile radius.

The proposed refinery will increase more toxic burden on the already small Tribal Membership of the Mandan, Hidatsa, Arikara who live within the reservation boundaries, further creating and contributing to all the serious health conditions that already plaque the people of the TAT, the pregnant women, infants and children’s health and development, elderly and those with existing health conditions will be most affected by the toxic pollution, creating a form of Tribal Leadership Actions (the proposed refinery & it’s TRI Pollution Effects) Imposed Genocide, because of our already all to few numbers. All People and Life in the surrounding area and our Environment will be affected negatively by the proposed refineries toxic pollution, by point release and non-point release sources and the impending Accidents, Spills, Fires and Explosions Toxic Effects and it is for these reasons that the proposed refinery should not be built.

The Impact of the decision to build or not to build the proposed oil refinery made by Each of our Tribal Council Representatives will affect the Health and Lives of our Children, Future Generations, Our Elders, All Life and all aspects of our Environment, including our Mother Earth-who nurtures us, The Water-that sustains all life and the Air-the breath of our Creator that gives us life.

Their decision will reach far beyond their and our life span.

Jodie L. White
The Environmental Awareness Committee
#3 1^st Ave. W.
Roseglen, ND 58775