Energy Answers LLC (Board decision, December 16, 2014)

Plain-English summary

Leonardo Ramos-Hernandez petitioned the Environmental Appeals Board to review a permit issued by Puerto Rico's Environmental Quality Board to Energy Answers LLC. He characterized the permit as a Clean Air Act Prevention of Significant Deterioration permit. The Board determined that the permit was an Air Quality Location and Construction Final Permit issued under Puerto Rico regulations, not a PSD permit issued under the federal program. Because the EAB lacks jurisdiction under 40 C.F.R. part 124 to review this type of state-issued permit, it dismissed the petition.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 1.25(e)(1), 124.19
• Outcome: The petition was dismissed for lack of jurisdiction.
• Key point: The EAB's permit-review jurisdiction under part 124 does not extend to this state-issued Puerto Rico permit.

Full text (EPA EAB public release)

F I L E D
DECEMBER 16, 2014
Clerk, Environmental Appeals Board
INITIALS [illegible]

BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

                                                )

In re:

Energy Answers LLC
(Arecibo Puerto Rico Renewable
Energy Project) ) PSD Appeal No. 14-07

                           ORDER DISMISSING APPEAL
                           FOR LACK OF JURISDICTION

     On November 14, 2014, Mr. Leonardo Ramos-Hemandez submitted a "Petition for

Review" to the Environmental Appeals Board, seeking review of a permit the Puerto Rico

Environmental Quality Board issued to Energy Answers LLC in October 2014. Mr. Ramos-

Hernandez characterized the permit as a "PSD" or "Prevention of Significant Deterioration"

permit under the Clean Air Act. The Puerto Rico Environmental Quality Board lacks authority,

however, to issue PSD permits. Instead, the permit in question is an "Air Quality Location and

Construction Final Permit," issued in accordance with Rules 201 and 203 of Puerto Rico's Air

Pollution Control Regulations. See http://www.jca.pr.gov/ (R-14-39-1, Resolution and Notice

(issued Oct. 25, 2014); Final Permit (issued Nov. 8, 2014)).

     The Environmental Appeals Board lacks jurisdiction under 40 C.F.R. part 124 to

adjudicate challenges to state-issued permits of this kind. The Petition for Review is hereby

DISMISSED.

    So ordered. 1

                                           ENVIRONMENTAL APPEALS BOARD


                                           [signature]
                                           Kathie A. Stein
                                           Environmental Appeals Judge




   1
     The three-member panel deciding this matter is comprised of Environmental Appeals Judges

Leslye M. Fraser, Randolph L. Hill, and Kathie A. Stein. See 40 C.F.R. § 1.25(e)(1).

                                            -2-


                            CERTIFICATE OF SERVICE

    I hereby certify that copies of the foregoing Order Dismissing Appeal for Lack of

Jurisdiction in the matter of Energy Answers LLC, PSD Appeal No. 14-07, were sent to the
following persons in the manner indicated:

By First Class U.S. Mail, Return Receipt Requested:

Leonardo Ramos-Hernandez
HC 4 Box 2925
Barranquitas, Puerto Rico 00794

Puerto Rico Environmental Quality Board
1375 Ponce de Leon Avenue
San Juan, Puerto Rico 00926

Don J. Frost
Henry C. Eisenberg
· Skadden, Arps, Slate, Meagher & Flom, LLP
1440 New York Avenue, N.W.
Washington, D.C. 20005-2111

By EPA Pouch Mail:

Joseph A. Siegel
James L. Simpson
Office of Regional Counsel
U.S. Environmental Protection Agency, Region 2
290 Broadway
New York, New York 10007

By EPA Interoffice Mail:

Brian L. Doster
U.S. Environmental Protection Agency
Office of General Counsel
1200 Pennsylvania Avenue, N.W.
Mail Code 2344A
Washington, D.C. 20460

Dated: DECEMBER 16, 2014
[signature]
Annette Duncan
Secretary