EPA Signals it Will Petition Appeals Court for Rehearing on STX Refinery Permit

The Environmental Protection Agency intends to petition the Third Circuit Court of Appeals for a rehearing of its ruling that the St. Croix refinery does not require a new permit to reopen, but needs more time to do so, according to a motion filed Thursday.

A three-judge panel of the court ruled on July 25 that the EPA “exceeded its authority” under the Clean Air Act when it determined that Port Hamilton Refining and Transportation required a Prevention of Significant Deterioration Permit to restart — a process Port Hamilton contended would take three years and “threaten” the refinery’s “very existence.”

On Thursday, the EPA filed a motion seeking an extension of time to petition for a rehearing, saying that consultation with its staff and the Justice Department is taking longer than expected, and its counsel is also currently tied up with unrelated cases in the District of Columbia and the New Mexico Court of Appeals.

The deadline to petition is Sept. 8, and the EPA is seeking a 21-day extension to Sept. 29.

“To date, EPA and its counsel at the U.S. Department of Justice have worked diligently to examine the decision and identify only those issues that merit a proposed petition for panel rehearing, including ongoing consultation with senior management and officials in both agencies,” according to the motion. “The necessary consultation process is taking significantly longer than originally anticipated, however,” it said.