[Federal Register Volume 68, Number 43 (Wednesday, March 5, 2003)]
[Notices]
[Page 10454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5191]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7458-9]


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 filed by Juanita 
Stewart and the Louisiana Environmental Action Network, represented by 
the Tulane Environmental Law Clinic: Stewart v. Whitman, No. 02-1030-C-
M1 (M.D. La.). On or about October 31, 2002, plaintiffs filed a 
complaint seeking to compel Christine Todd Whitman, in her official 
capacity as Administrator of the EPA, to respond to an administrative 
petition to object to a state operating permit issued by the Louisiana 
Department of Environmental Quality (``LDEQ''). Under the terms of the 
proposed settlement agreement, EPA will respond to the petition by May 
9, 2003. Within thirty days of EPA's response to the petition, 
plaintiffs 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 April 4, 2003.

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, Title V 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. Plaintiffs filed an 
administrative petition to object to a state operating permit issued by 
LDEQ to the Georgia-Pacific Corporation for a pulp and paper mill near 
Port Hudson, East Baton Rouge, Louisiana. The lawsuit alleges that EPA 
has a nondiscretionary duty to grant or deny the petition within 60 
days, and seeks to compel EPA to respond to the petition.
    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. Plaintiffs 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 petition by 
May 9, 2003.
    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: February 24, 2003.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office, Office of 
General Counsel.
[FR Doc. 03-5191 Filed 3-4-03; 8:45 am]
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