
[Federal Register Volume 77, Number 21 (Wednesday, February 1, 2012)]
[Notices]
[Pages 5010-5012]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2040]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9624-8]


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 (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby 
given of a proposed settlement agreement to settle a lawsuit filed by 
Zen Noh Grain Corporation in the United States District Court for the 
Eastern District of Louisiana: Zen-Noh Grain Corporation v. Jackson, 
Case No. 10-4367 (E.D. La.). Plaintiff filed this suit to compel the 
Administrator to respond to an administrative petition requesting, 
among other things, that EPA object to a CAA Title V operating permit 
issued by the Louisiana Department of Environmental Quality to 
Consolidated Environmental Management, Inc.--Nucor Steel Louisiana for 
a pig iron manufacturing process in St. James Parish, Louisiana. After 
subsequent permitting actions, Plaintiff submitted a second 
administrative petition requesting, among other things, that EPA object 
to two CAA Title V permits issued by Louisiana Department of 
Environmental Quality to Consolidated Environmental Management, Inc.--
Nucor Steel Louisiana: a modified Title V permit for the aforementioned 
pig iron manufacturing process and a Title V permit for a direct 
reduced iron manufacturing process in St. James Parish, Louisiana. 
Under the terms of the proposed settlement agreement, EPA has agreed to 
respond to both petitions by March 16, 2012 to the extent that such 
response is required under 42 U.S.C. 7661d(b)(2).

DATES: Written comments on the proposed settlement agreement must be 
received by March 2, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0074, online at www.regulations.gov (EPA's preferred method); 
by email to

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oei.docket@epa.gov; by mail 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 3334, 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 
Word or ASCII file, avoiding the use of special characters and any form 
of encryption, and may be mailed to the mailing address above.

FOR FURTHER INFORMATION CONTACT: Melina Williams, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-3406; fax number (202) 564-5603; email address: 
williams.melina@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    This proposed settlement agreement would resolve a lawsuit 
alleging, among other things, that the Administrator failed to perform 
a nondiscretionary duty to grant or deny, within 60 days of submission, 
an administrative petition to object to a CAA Title V permit issued by 
the Louisiana Department of Environmental Quality to Consolidated 
Environmental Management, Inc.--Nucor Steel Louisiana for a pig iron 
manufacturing process in St. James Parish, Louisiana. After subsequent 
permitting actions, Plaintiff submitted a second administrative 
petition requesting, among other things, that EPA object to two CAA 
title V permits issued by the Louisiana Department of Environmental 
Quality to Consolidated Environmental Management, Inc.--Nucor Steel 
Louisiana: a modified Title V permit for the aforementioned pig iron 
manufacturing process and a Title V permit issued for a direct reduced 
iron manufacturing process in St. James Parish, Louisiana. Under the 
terms of the proposed settlement agreement, EPA has agreed to respond 
to both petitions by March 16, 2012 to the extent that such response is 
required under 42 U.S.C. 7661d(b)(2). In addition, the proposed 
settlement agreement provides that such response would resolve all 
claims that were or could have been asserted against the United States 
in the lawsuit, as well as the claims that could be asserted in 
connection with the second administrative petition. The proposed 
settlement agreement also provides that if it becomes final, the 
parties shall jointly file a stipulation of dismissal with prejudice 
with the court, within 10 days of the date when EPA provides written 
notice that the proposed settlement agreement has become final. In 
addition, the proposed settlement agreement provides that Plaintiff 
shall have until 120 days after the Court enters an Order of Dismissal 
as provided in the proposed settlement agreement to file a motion for 
costs of litigation (including attorney fees), that the parties shall 
seek to informally resolve any claim for costs of litigation, and that 
EPA reserves the right to object to the award of any such costs.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written comments relating to the 
proposed settlement agreement from persons who were not named as 
parties or intervenors 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 determines that consent to this settlement 
agreement should be withdrawn, the terms of the agreement will be 
affirmed.

II. Additional Information About Commenting on the Proposed Settlement 
Agreement

A. How can I get a copy of the settlement agreement?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2012-0074) contains a copy of the proposed settlement 
agreement. 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 3334, 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 
www.regulations.gov. You may use the www.regulations.gov 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, key in 
the appropriate docket identification number then select ``search''.
    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 online at www.regulations.gov 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 the 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 email 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.
    Use of the www.regulations.gov Web site 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, email address,

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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 (email) system is not an ``anonymous access'' system. 
If you send an email comment directly to the Docket without going 
through www.regulations.gov, your email 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: January 25, 2012.
Patricia Embrey,
Acting Associate General Counsel.
[FR Doc. 2012-2040 Filed 1-31-12; 8:45 am]
BILLING CODE 6560-50-P


