
[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Notices]
[Pages 18979-18981]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07262]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL 9794-9]


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 (``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 
Louisiana Environmental Action Network and Sierra Club in the United 
States District Court for the District of Columbia: Louisiana 
Environmental Action Network and Sierra Club v. Jackson, Case No. 12-
1096 (D.D.C.) (``LEAN v. Jackson''). Plaintiffs filed this suit to 
compel the Administrator to respond to two administrative petitions 
(the ``June 2010 petition'' and the ``May 2011

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petition'') requesting, among other things, that EPA object to CAA 
Title V operating permits issued by the Louisiana Department of 
Environmental Quality to Consolidated Environmental Management, Inc.--
Nucor Steel Louisiana for a pig iron manufacturing process and for a 
direct reduced iron manufacturing process in St. James Parish, 
Louisiana. Under the terms of the proposed settlement agreement, EPA 
would agree to sign an order granting or denying one objection 
(``Specific Objection I'') in the May 2011 petition under 42 U.S.C. 
7661d(b)(2) by April 29, 2013, and to sign an order or orders granting 
or denying the June 2010 petition and May 2011 petition (except for 
Specific Objection I) under 42 U.S.C. 7661d(b)(2) by October 17, 2013.

DATES: Written comments on the proposed settlement agreement must be 
received by April 29, 2013.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2013-0212, online at www.regulations.gov (EPA's preferred method); 
by email to 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 
that the Administrator failed to perform a nondiscretionary duty to 
grant or deny, within 60 days of submission, two administrative 
petitions to object to CAA Title V operating permits issued by the 
Louisiana Department of Environmental Quality to Consolidated 
Environmental Management, Inc.--Nucor Steel Louisiana for a pig iron 
manufacturing process and for a direct reduced iron manufacturing 
process in St. James Parish, Louisiana. Under the terms of the proposed 
settlement agreement, EPA would agree to sign an order granting or 
denying one objection (``Specific Objection I'') in the May 2011 
petition under 42 U.S.C. 7661d(b)(2) by April 29, 2013, and to sign an 
order or orders granting or denying the June 2010 petition and May 2011 
petition (except for Specific Objection I) under 42 U.S.C. 7661d(b)(2) 
by October 17, 2013. Once EPA has signed such orders, EPA would be 
required to promptly provide written notice to Plaintiffs. If the 
proposed settlement agreement becomes final and EPA has provided 
Plaintiffs notice of the signed orders as required in Paragraphs 1 and 
2 of the proposed settlement agreement, Plaintiffs would be required to 
file a motion for voluntary dismissal of the First Amended Complaint 
with prejudice in LEAN v. Jackson. In addition, the proposed settlement 
agreement contains provisions relating to the publication of notice of 
the signed orders in the Federal Register and relating to the 
settlement of Plaintiffs' claims for attorneys' fees and 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-2013-0212) 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, 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 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

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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, 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: March 20, 2013.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2013-07262 Filed 3-27-13; 8:45 am]
BILLING CODE 6560-50-P


