Port Hamilton Says Court Ruling Gives 'Clear Path' to Refinery Restart; EPA Vows to Maintain Scrutiny

The parties have responded to Monday’s ruling by the 3rd Circuit Court of Appeals, which found that the Environmental Protection Agency overstepped when it required Port Hamilton Refining & Transportation to obtain a particular permit before it could restart operations at the St. Croix refinery facility.

As reported by the Consortium, the court held that the language of the Clean Air Act was clear and unambiguous in restricting these EPA requirements only to facilities constructed or modified after August 1977. The St. Croix refinery, built in the late 1960s, was not subject to such requirements, the court found, ordering the EPA’s final determination letter to Port Hamilton vacated.

PHRT Vice President and Refinery Manager Fermin Rodriguez said that he was “gratified” by the court’s decision, since it cleared the major hurdle impeding the company’s efforts to resume refinery operations. According to Mr. Rodriguez, despite the disagreement over how it is done, “Port Hamilton shares EPA’s concern for the environment and people of St. Croix.”

With the court’s recent decision, PHRT will now have “a clear path to resuming operations at the refinery in a manner that is in full compliance with all EPA, OSHA and Virgin Islands Department of Permitting and Natural Resources requirements,” said Mr. Rodriguez.