At the site of this plant is a proposed oil refinery that would process Alberta tar sands. The proposed refinery would turn the Alberta tar sands into gasoline, diesel, and jet fuel. Hyperion Energy Inc. applied for an air permit on December 20, 2007. In December 2008, the Department of Environment and Natural Resources issued an air permit, after receiving 3,000 comments on the draft permit. In February 2009, Hyperion Energy was considering several SD municipalities to locate in. In May 2009, local opposition groups and Sierra club requested a public hearing and challenged the air permit on the grounds that Hyperior could have gathered more accurate information on where pollution would go. In July 2009, opponents of the plant were found not to have legal standing to challenge the re-zoning of Union County. In August 2009, the air permit for this plant was finally approved by the SD Board of Minerals and Environment As of Dec. 21st, 2009, Hyperion had not identified its final location (according to its website at that date). However, it had identified one potential site, they are calling Siouxland as the potential final site. Siouxland is located 12 miles north of Elk Point, 50 miles south of Sioux Falls, and 30 miles northwest of Sioux City.