Limetree Bay Terminals, L.L.C. and Limetree Bay Refining, L.L.C. (Board decision, March 26, 2021)

Plain-English summary

Limetree Bay Terminals, L.L.C. and Limetree Bay Refining, L.L.C. were involved in petitions concerning a Plantwide Applicability Limit Permit for their refinery in St. Croix, U.S. Virgin Islands. The permit was identified as EPA-PAL-VI-0001/2019 in the order. EPA offices responsible for issuing the permit notified the Environmental Appeals Board that the permit had been withdrawn under 40 C.F.R. § 124.19(j). Because the challenged permit no longer remained in force, the Board dismissed both petitions for review as moot. The order did not decide the underlying permit issues.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19(j)
• Outcome: Both petitions for review were dismissed as moot after EPA withdrew the challenged permit.
• Key point: Withdrawal of the challenged permit can make related EAB petitions moot.

Full text (EPA EAB public release)

                                                                                 F I L E D
                                                                                     Mar 26, 2021
                                                                                Clerk, Environmental Appeals Board
                    ENVIRONMENTAL APPEALS BOARD        INITIALS ________________________
           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                           WASHINGTON, D.C.

                                            )

In re: )
)
Limetree Bay Terminals, L.L.C. and ) CAA Appeal Nos. 20-02 and 20-03
Limetree Bay Refining, L.L.C. )
)
PAL Permit No. EPA-PAL-VI-001/2019 )
)

             ORDER DISMISSING PETITIONS FOR REVIEW AS MOOT

      On March 25, 2021, the Environmental Protection Agency offices responsible for

issuance of Plantwide Applicability Limit Permit No. EPA-PAL-VI-0001/2019 for the Limetree

Bay Terminals, L.L.C. and Limetree Bay Refining, L.L.C. refinery in St. Croix, U.S. Virgin

Islands, notified the Environmental Appeals Board (“Board”) that the permit has been withdrawn

pursuant to 40 C.F.R. § 124.19(j). In light of this withdrawal, the Board dismisses both petitions

for review in this matter 1 as moot.

      So ordered. 2

                                                 ENVIRONMENTAL APPEALS BOARD

Dated: March 26, 2021 By: ________
Aaron P. Avila
Environmental Appeals Judge

      1
     The petitioners in CAA Appeal No. 20-02 are St. Croix Environmental Association,

Center for Biological Diversity, Sierra Club, and Elizabeth Neville. The Petitioners in CAA
Appeal No. 20-03 are Limetree Bay Terminals, L.L.C. and Limetree Bay Refining, L.L.C.
2
The three-member panel deciding this matter is composed of Environmental Appeals
Judges Aaron P. Avila, Mary Kay Lynch, and Kathie A. Stein.

                           CERTIFICATE OF SERVICE

    I certify that copies of the foregoing ORDER DISMISSING PETITIONS FOR

REVIEW AS MOOT in the matter of Limetree Bay Terminals, L.L.C. & Limetree Bay Refinery,
L.L.C., CAA Appeal Nos. 20-02 and 20-03, were sent to the following persons by electronic
mail:

LeAnn M. Johnson Koch Robert DeLay, Office of Regional Counsel
Jena A. MacLean Richard Ruvo, Director, Air and Radiation
Odin A. Smith Liliana Villatora, Chief, Air Branch
Perkins Coie LLP U.S. Environmental Protection Agency,
700 Thirteenth St., N.W., Suite 800 Region 2
Washington, DC 20005 290 Broadway
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
Elizabeth Leigh Neville, Esq.
The Neville Law Firm, L.L.C. Gautam Srinivasan, Associate General
127 West Fairbanks Avenue, #262 Counsel
Winter Park, Florida 32789 John T. Krallman
[email protected] Brian Doster
Air & Radiation Law Office, Office of
General Counsel
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460
[email protected]
[email protected]
[email protected]

    Mar 26, 2021

Dated:____ ______
Eurika Durr
Clerk of the Board

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