[Federal Register Volume 68, Number 226 (Monday, November 24, 2003)]
[Notices]
[Pages 65928-65929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29317]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7590-3]


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 the 
Louisiana Environmental Action Network, represented by the Tulane 
Environmental Law Clinic: Louisiana Environmental Action Network v. 
Horinko, No. 03-1338 (M.D. La.). On or about May 12, 2003, plaintiff 
filed a complaint seeking to compel the 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 November 20, 2003. Within thirty days 
of EPA's response to the petition, plaintiff will file a motion for 
voluntary dismissal of the complaint, with prejudice to its refiling. 
Additionally, the Louisiana Environmental Action Network will be paid 
the sum of $3,200 for attorneys fees and costs.

DATES: Written comments on the proposed settlement agreement must be 
received by December 24, 2003.

FOR FURTHER INFORMATION CONTACT: Cecilia Kim, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, 
Telephone: (202) 564-7606.

ADDRESSES: Submit your comments, identified by Docket ID number OGC-
2003-0003, online at http://www.epa.gov/edocket (EPA's preferred 
method); by e-mail to [email protected]; mailed to EPA Docket Center, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to 
EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave., NW., 
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, 
excluding legal holidays. Comments on a disk or CD-ROM should be 
formatted in Wordperfect or ASCII file, avoiding the use of special 
characters and any form of encryption, and may be mailed to the mailing 
address above.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement

    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. Plaintiff filed an administrative 
petition to object to a state operating permit issued by LDEQ to Dupont 
Dow Elastomers, L.L.C., for a chloroprene facility in St. John the 
Baptist Parish, Louisiana. The lawsuit alleges that EPA has a 
nondiscretionary duty to grant or deny the petition within

[[Page 65929]]

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. Plaintiff 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 November 
20, 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.

II. Additional Information About Commenting on the Proposed Settlement

A. How Can I Get a Copy of the Settlement?

    EPA has established an official public docket for this action under 
Docket ID No. OGC-2003-0003 which contains a copy of the proposed 
settlement. The official public docket is available for public viewing 
at the Office of Environmental Information (OEI) Docket in the EPA 
Docket Center, EPA West, Room B102, 1301 Constitution Ave., NW., 
Washington, DC. The EPA Docket Center Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket identification number.
    It is important to note that EPA's policy is that public comments, 
whether submitted electronically or in paper, will be made available 
for public viewing in EPA's electronic public docket as EPA receives 
them and without change, unless the comment contains copyrighted 
material, CBI, or other information whose disclosure is restricted by 
statute. Information claimed as CBI and other information whose 
disclosure is restricted by statute is not included in the official 
public docket or in EPA's electronic public docket. EPA's policy is 
that copyrighted material, including copyrighted material contained in 
a public comment, will not be placed in EPA's electronic public docket 
but will be available only in printed, paper form in the official 
public docket. Although not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials through the EPA Docket Center.

B. How and to Whom Do I Submit Comments?

    You may submit comments as provided in the ADDRESSES section. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.
    If you submit an electronic comment, EPA recommends that you 
include your name, mailing address, and an e-mail address or other 
contact information in the body of your comment and with any disk or CD 
ROM you submit. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. Any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    Your use of EPA's electronic public docket to submit comments to 
EPA electronically is EPA's preferred method for receiving comments. 
The electronic public docket system is an ``anonymous access'' system, 
which means EPA will not know your identity, e-mail address, or other 
contact information unless you provide it in the body of your comment. 
In contrast to EPA's electronic public docket, EPA's electronic mail 
(e-mail) system is not an ``anonymous access'' system. If you send an 
e-mail comment directly to the Docket without going through EPA's 
electronic public docket, your e-mail address is automatically captured 
and included as part of the comment that is placed in the official 
public docket, and made available in EPA's electronic public docket.

    Dated: November 18, 2003.
Richard Ossias,
Acting Associate General Counsel, Air and Radiation Law Office, Office 
of General Counsel.
[FR Doc. 03-29317 Filed 11-21-03; 8:45 am]
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