[Federal Register Volume 69, Number 221 (Wednesday, November 17, 2004)]
[Notices]
[Pages 67347-67348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25500]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7838-4]


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 Louisiana 
Environmental Action Network (``LEAN''): LEAN v. Leavitt, 04-CV-370 
(M.D. La.). On or about June 4, 2004, LEAN filed a complaint alleging 
that LEAN had submitted a petition to EPA seeking an objection to 
permits issued by Louisiana's Department of Environmental Quality to 
Dow Chemical Company for two plants located in Plaquemine, Louisiana, 
and that the Administrator has failed to perform his nondiscretionary 
duty to respond to the petition within sixty days of the date it was 
filed. Under the terms of the proposed settlement agreement, EPA has 
agreed to respond to the petition by December 22, 2004, and LEAN has 
agreed to dismiss its suit with prejudice. In addition, under the 
proposed settlement, EPA would pay LEAN $1641.50 in settlement of its 
claims for attorneys' fees in this matter.

DATES: Written comments on the proposed settlement agreement must be 
received by December 17, 2004.

ADDRESSES: Submit your comments, identified by docket ID number OGC-
2004-0010, online at http://www.epa.gov/edocket (EPA's preferred 
method); by e-mail to <a href="/cdn-cgi/l/email-protection#58373d31763c373b333d2c183d2839763f372e"><span class="__cf_email__" data-cfemail="38575d51165c575b535d4c785d4859165f574e">[email protected]</span></a>; 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.

FOR FURTHER INFORMATION CONTACT: David Orlin, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, 
telephone: (202) 564-1222.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement

    This settlement would resolve a lawsuit seeking a response to a 
petition to object to Title V permits issued by Louisiana's Department 
of Environmental Quality to Dow Chemical for modifications to Dow's 
Cellulose plant (permit 2227-V2) and Light Hydrocarbon plant (permit 
2024-V2), which are located in Plaquemine, Louisiana. Under the 
proposed settlement, the parties would seek to stay the pending 
litigation, and LEAN would dismiss its lawsuit if the Administrator 
issues a response to the petition by December 22, 2004. The settlement 
does not require the Administrator to respond to the petition in any 
particular way. If the settlement becomes final and the Administrator 
issues a response to the petition by December 22, 2004, then EPA will 
pay LEAN $1641.50 in settlement of LEAN's claims for attorneys' fees.
    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-2004-0010 which contains a copy of the 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

[[Page 67348]]

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 9, 2004.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office, Office of 
General Counsel.
[FR Doc. 04-25500 Filed 11-16-04; 8:45 am]
BILLING CODE 6560-50-P


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