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Proposed Settlement Agreement, Clean Air Act Citizen Suit

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 

[Federal Register: September 3, 2002 (Volume 67, Number 170)]
[Notices]
[Page 56288]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se02-48]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7271-6]
 
Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement agreement; request for public 
comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed settlement agreement, to address a lawsuit (the ``lawsuit'') 
filed by Louisiana Environmental Action Network (``LEAN''), represented 
by Tulane Environmental Law Clinic: Louisiana Environmental Action 
Network v. Whitman, No. 02-226-B-M2 (M.D. La.). On or about March 1, 
2001, LEAN filed a Complaint seeking to compel Christine Todd Whitman, 
in her official capacity as Administrator of the EPA, to respond to two 
administrative petitions to object to state operating permits issued by 
the Louisiana Department of Environmental Quality (``LDEQ''). Under the 
terms of the proposed settlement agreement, EPA will respond to the 
petitions by September 30, 2002, and October 31, 2002, respectively. 
Within thirty days of EPA's response to said petitions, LEAN will file 
a motion for voluntary dismissal of the Complaint, with prejudice to 
its refiling.

DATES: Written comments on the proposed settlement agreement must be 
received by October 3, 2002.

ADDRESSES: Written comments should be sent to Cecilia Kim, Air and 
Radiation Law Office (2344A), Office of General Counsel, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Copies of the proposed settlement are available 
from Phyllis J. Cochran, (202) 564-7606.

SUPPLEMENTARY INFORMATION: The Clean Air Act affords EPA a 45-day 
period to review and object to, as appropriate, operating permits 
proposed by state permitting authorities. Section 505(b)(2) of the Act 
authorizes any person to petition the EPA Administrator within 60 days 
after the expiration of this 45-day review period to object to state 
operating permits if EPA has not done so. LEAN filed two administrative 
petitions to object to state operating permits issued by LDEQ. The 
first petition, submitted by letter dated January 2, 2001, challenges 
the issuance of a Title V operating permit to Borden Chemical, Inc., 
for the construction of a formaldehyde plant in Geismar, Louisiana (the 
``Borden Petition''). The second petition, submitted by letter dated 
June 18, 2001, challenges the issuance of a Title V operating permit to 
Dow Chemicals, Inc., for construction of a facility in Plaquemine, 
Louisiana (the ``Dow Petition''). The lawsuit alleges that EPA has a 
nondiscretionary duty to grant or deny such petitions within 60 days, 
and seeks to compel EPA to respond to the petitions.
    The settlement agreement provides that, within ten days after 
execution by the parties, the parties will file a joint motion with the 
court requesting the lawsuit be stayed. LEAN may request the court to 
lift the stay of the lawsuit, and establish a schedule for further 
proceedings, if EPA fails to sign a response to the Borden Petition by 
September 30, 2002, or fails to sign a response to the Dow Petition by 
October 31, 2002.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will receive written comments relating to 
the proposed settlement agreement from persons who were not named as 
parties or interveners to the litigation in question. EPA or the 
Department of Justice may withdraw or withhold consent to the proposed 
settlement agreement if the comments disclose facts or considerations 
that indicate that such consent is inappropriate, improper, inadequate, 
or inconsistent with the requirements of the Act. Unless EPA or the 
Department of Justice determine, based on any comment which may be 
submitted, that consent to the settlement agreement should be 
withdrawn, the terms of the agreement will be affirmed.

    Dated: August 27, 2002.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office, Office of 
General Counsel.
[FR Doc. 02-22367 Filed 8-30-02; 8:45 am]
BILLING CODE 6560-50-P

 
 

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