SETTLEMENT AGREEMENT WHEREAS,PlaintiffConcerned Citizens Around Murphy filed, pursuant to section 505(b)(2)ofthe Clean Air Act,42 U.S.C. § 7661d(b)(2), a petition on December 10, 2009 with Defendant,Lisa Jackson,Administrator ofthe U.S. Environmental Protection Agency( "EPA"), requesting that EPA object to Title V Operating Permit No.2500

-00001 -VS issued by the Louisiana Department ofEnvironmental Quality to Murphy Oil USA for the Meraux Refinery in St. Bernard Parish, Louisiana ("Meraux Petition"); WHEREAS,Plaintifffiled a complaint styled as 

### Concerned Citizens Around MuNphy v. Jackson,No. 10-cv-04444 (E.D. La.)( "Complaint"), on December 1, 2010, pursuant to section 304(a)(2)ofthe Clean Air Act,42 U.S.C. § 7604(a)(2), alleging that EPA has a nondiscretionary duty under section 505(b)(2)ofthe Clean Air Act to respond to the Meraux Petition within 60 days ofthe filing ofthe Petition and further alleging that EPA has not responded to the Petition; WHEREAS,EPA does not admit any allegation offact or law alleged in Plaintiff's Complaint with the exception ofany admissions contained in EPA's Answer filed in this matter; WHEREAS,EPA and Plaintiff(collectively, the "Parties")wish to implement this Settlement Agreement( "Agreement")to avoid protracted and costly litigation and to preserve judicial resources; NOW, THEREFORE,the Parties, intending to be bound by this Agreement,hereby stipulate and agree as follows: 1. Within 10 days after this Agreement is executed by the Parties 

### (i.e., signed), but before finalization pursuant to Paragraph 5 ofthis Agreement,the Parties shall file a joint motion with the Court notifying it ofthis Agreement and requesting that this case be stayed pending completion of, and subject to, the terms ofthis Agreement.2. EPA shall sign no later than September 22, 2011, a response to the Meraux

Petition pursuant to Section 505(b)(2)ofthe Clean Air Act. Once EPA signs a response to the Meraux Petition,EPA shall expeditiously provide written notice to Plaintiffthrough its undersigned counsel. 3. Ifthe Agreement becomes final pursuant to Paragraph 5,Plaintiff shall file a motion for voluntary dismissal ofthe Complaint under Rule 41(a)(1)ofthe Federal Rules of Civil Procedure,with prejudice, within 15 days ofthe date when EPA provides written notice pursuant to Paragraph 2. 4. IfEPA fails to take action as set forth in Paragraph 2,Plaintiffls sole remedy under this Agreement shall be the right to ask the Court to lift the stay ofproceedings and establish a schedule for further proceedings. EPA does not waive or limit any defense relating to such litigation. The Parties agree that contempt ofcourt is not an available remedy under this Agreement. 5. The Parties agree and acknowledge that before this Agreement is final, EPA must provide notice in the Federal Register and an opportunity for public comment pursuant to Clean Air Act section 113(g), 42 U.S.C. § 7413(g). EPA shall expeditiously submit such notice ofthis Agreement to the Federal Register for publication and public comment after the Agreement is executed by the Parties (i.e., signed). After this Agreement has undergone an opportunity for notice and comment,the Administrator or the Attorney General, as appropriate, shall promptly consider any such written comments in determining whether to withdraw or withhold her or his consent to the Agreement, in accordance with section 113(g)ofthe Clean Air Act. Once the Administrator or the Attorney General elects whether or not to withdraw or withhold her or his consent to this Agreement,EPA shall expeditiously provide written notice to Plaintiffthrough itsundersigned counsel. This Agreement shall become final on the date, ifany,that EPA provides

written notice to Plaintiffthat the Administrator and Attorney General consent to this Agreement. IfEPA does not provide such written notice within 60 days after the notice ofthe Agreement is published in the Federal Register, Plaintiff's sole remedy with respect to the Meraux Petition shall be the right to ask the Court to lift the stay ofthis proceeding and establish

a schedule for further proceedings. EPA does not waive or limit any defense relating to such litigation. The Parties agree that contempt ofcourt is not an available remedy under this Agreement. 6. This Agreement may be modified by written stipulation signed by the Parties. 7. Nothing in this Agreement shall be construed to limit or modify the discretion accorded EPA by the Clean Air Act or by general principles ofadministrative law, including discretion to alter, amend,or revise any responses or final actions contemplated by this Decree. EPA's obligation to perform the actions specified in Paragraphs 2 and 8 by the time specified therein does not constitute a limitation or modification ofEPA's discretion within the meaning of this paragraph. 8. Ifthe Agreement becomes final under Paragraph 5 and EPA undertakes the actions set forth in Paragraph 2,the United States, on behalfofEPA,shall pay the sum ofthree thousand dollars ($3,000.00)to Tulane Environmental Law Clinic, as counsel for Plaintiff, in full and complete settlement ofall claims for attorneys' fees and costs under any provision oflaw that Plaintiffasserted or could have asserted in connection with this litigation. The Parties agree that the amount provided herein constitutes a fair, reasonable, and full and complete settlement ofPlaintiffs' claims for attorneys' fees and costs in this matter. The payment from the United

### States shall be made as soon as reasonably practicable after dismissal ofthis case as set forth in

Paragraph 3 by electronic wire transfer in accordance with instructions provided by Plaintiffs. 9. Except as set forth in this Agreement,the Parties retain all rights, claims, defenses, and discretion they may otherwise have. Nothing in this Agreement shall be construed

as an admission ofany issue offact or law nor to waive or limit any claim or defense, on any grounds, related to any final action EPA may take with respect to the Meraux Petition. 10. The commitments ofEPA in this Agreement are subject to the availability of appropriated funds. No provision ofthis Agreement shall be interpreted as or constitute a commitment or requirement that EPA obligate or pay funds in contravention ofthe AntiDeficiency Act, 31 U.S.C. § 1341. In the event that sufficient appropriated funding is not available, Plaintiff's sole remedy is set forth in Paragraphs 4 and 5. 11. This Agreement is the entire agreement between Plaintiffand EPA in this case. All prior conversations, meetings, discussions, drafts, and writings ofany kind are specifically superseded by this Agreement. 12. It is understood and agreed that this Agreement was jointly drafted by Plaintiff and EPA. Accordingly,the Parties hereby agree that all rules ofconstruction to the effect that ambiguity is construed against the drafting party shall be inapplicable in any dispute concerning the terms, meaning,or interpretation ofthis Agreement. 13. The undersigned representatives ofeach Party certify that they are fully authorized by the Party that they represent to bind that Party to the terms ofthis Agreement.

DSO AGREED:

FOR~PLA TIFF ~{ ,/ COR AN DALEN Tulane Environmental Law Clinic 6329 Freret St. New Orleans, LA 70118 Tel: (504)862-8818 Fax: (504)862-8721 cvandale@tulane.edu DATED: ~'~/

FOR DEFENDANT IGNACIA S. MORENO Assistant Attorney General Env. &Natural Resources Division

STEP ANIE J. ALBERT Environmental~efense Section Environment &Natural Resources Division United States Department ofJustice P.O. Box 23986 Washington,D.C. 20026-3986 Phone (202)514-2617 Fax (202)514-$865 Stephanie,

talbert @usdo j . gov DATED: 7 / ~, f ~