Summary
The United States Environmental Protection Agency, Region 2 (EPA) is issuing a Clean Air Act (CAA) Final Plantwide Applicability Limit (PAL) Permit to Limetree Bay Refining, LLC and Limetree Bay Terminals, LLC (“Limetree”), a complex, integrated petroleum refinery consisting of refinery process units and various supporting operations including sulfur recovery plants, steam and electric power generation via boilers and gas turbine cogeneration units, wastewater treatment, and a marine terminal located in St. Croix, U.S. Virgin Islands.
Public Comment
The public comment period for the Limetree draft PAL permit began on October 9, 2019 and ended on November 25, 2019. EPA received many comments regarding the proposed PAL permitting action. In accordance with 40 CFR §124.17, EPA prepared a response to comments document, which identifies provisions of the draft permit that were changed and the reasons for the changes.
Administrative Record
In accordance with 40 CFR §124.18, EPA prepared an administrative record for final PAL permit which is available through www.regulations.gov/docket/EPA-R02-OAR-2019-0551. If you are not able to access the administrative record through the online docket, please contact Suilin Chan by email at Chan.Suilin@epa.gov or phone at 212-637-4019.
Permit Appeal
In accordance with 40 CFR §124.19, within 30 days after a final permit decision has been issued, any person who filed comments on the draft permit or participated in a public hearing may petition the Environmental Appeals Board (EAB) to review any condition of the permit decision. Any person who failed to file comments or to participate in the public hearing may petition for administrative review only to the extent that the changes from the draft to the final permit or other new grounds were not reasonably ascertainable during the public comment period. The 30-day period within which a person may request review under this section begins with service of notice of the final permit decision. A petition to the EAB is a prerequisite to seeking judicial review of the final agency action under Section 307(b) of the CAA. For purposes of judicial review, final agency action occurs when we deny or issue a final permit and agency review procedures are exhausted. Following an appeal to the EAB, the EPA will issue a final permit decision as specified in 40 CFR §124.15. Information and instruction submitting appeals to the EAB are available at https://19january2021snapshot.epa.gov/sites/static/files/2020-12/documents/letter_to_citizens_limetree-final_permit.pdf.
Permit Effective Date
Since comments requesting changes to the draft permit were received and changes were made to the draft permit, this final initial PAL permit will become effective thirty (30) days after the service of notice, unless review is requested under 40 CFR §124.19. If a petition for review of the final permit decision is filed, the permit will not become effective until after the EAB renders a decision on the petition.