[Federal Register: November 24, 2003 (Volume 68, Number 226)]
[Notices]
[Page 65928-65929]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no03-62]
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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 oei.docket@epa.gov; 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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