EPA’s Reactivation Policy Faces Test In PSD Case Over St. Croix Refinery

The U.S. Court of Appeals for the 3rd Circuit will hear May 24 oral arguments in a high-profile Clean Air Act (CAA) case where EPA is seeking to force the new owners of a controversial St. Croix, VI, refinery to go through major source prevention of significant deterioration (PSD) permitting before they can restart the facility. The case, Port Hamilton v. EPA , also marks a test for EPA’s policy on whether industrial facilities are “reactivated” and therefore require new...