SETTLEMENT AGREEMENT WHEREAS, Plaintiffs Louisiana Envir onmental Action Network and Sierra Club (“Plaintiffs”) filed, pursuant to section 505(b)(2) of the Clean Air Act, 42 U.S.C. § 7661d(b)(2), a petition on June 25, 2010, with Defendant, Li sa Jackson, Administrator of the U.S. Environmental Protection Agency (“EPA”), requesting, inter alia , that EPA object to Title V operating permit no. 2560-00281-V0 issued by the L ouisiana Department of Environmental Quality (“LDEQ”) to Consolidated Environmen tal Management, Inc.—Nucor Steel Louisiana (“Nucor”) for a pig iron manufacturing process in St. James Parish, Louisiana (the “June 2010 Petition”); WHEREAS, Plaintiffs filed, pursuant to se ction 505(b)(2) of the Clean Air Act, 42 U.S.C. § 7661d(b)(2), another petition on May 3, 2011, with EPA, requesting, interalia , that EPA object to Title V operating permit nos. 2560-00281-V1 and 3086-V0 issued by LDEQ to Nucor for a pig iron manufacturing process and a direct reduced iron manufacturing process, respectively, in St. James Parish, Louisiana (the “May 2011 Petition”); WHEREAS, Plaintiffs filed, pursuant to se ction 505(b)(2) of the Clean Air Act, 42 U.S.C. § 7661d(b)(2), another petition on Octobe r 3, 2012, with EPA, requesting that EPA object to Title V operating permit nos. 2560-00281-V 0, 2560-00281-V1, and 3086-V0 issued by LDEQ to Nucor for the reasons expressed in the J une 2010 Petition and th e May 2011 Petition (the “October 2012 Petition”); WHEREAS, Plaintiffs filed a First Amended Complaint on October 29, 2012, in Louisiana Environmental Action Ne twork and Sierra Club v. Jackson , Case No. 12-1096 (D.D.C.) (hereinafter, “LEAN v. Jackson ”), pursuant to section 304(a )(2) of the Clean Air Act, 42 U.S.C. § 7604(a)(2), alleging that EPA has a nondiscretionary duty under section 505(b)(2) of the Clean Air Act, 42 U.S.C. § 7661d(b)(2), to grant or deny the June 2010 Petition and the May2 2011 Petition within 60 days of th e filing of the petitions and fu rther alleging that EPA has not granted or denied the petitions; WHEREAS, EPA filed an Answer to the First Amended Complaint on November 14, 2012, in which EPA does not admit any allegation of law alleged in Plaintiffs’ First Amended Complaint and asserts several defenses; WHEREAS, on January 7, 2013, th e Court in LEAN v. Jackson entered an order granting the Parties’ joint motion to stay this case to accommodate ongoing set tlement discussions; WHEREAS, Plaintiffs and EPA (c ollectively the “Parties”) wish to effect a settlement of LEAN v. Jackson to avoid protracted and costly litigation and to preserve judicial resources; WHEREAS, the Parties consider this Settl ement Agreement to be an adequate and equitable resolution of the claims at issue in LEAN v. Jackson ; NOW, THEREFORE, the Parties, intending to be bound by this Settlement Agreement, hereby stipulate and agree as follows:
1. Not later than April 29, 2013, EPA shall sign an order granting or denying Specific Objection I in the May 2011 Petition under 42 U.S.C. § 7661d(b)(2). Specific Objection I is contained on pa ges 5-6 of the May 2011 Petition under the heading “EPA Must Object to the Title V Permits Because LDEQ Failed to Aggregate PSD Permitting for Emissions from the Entire Facility.” Once EPA signs such order, EPA shall promptly provide written notice to Plaintiffs through their undersigned counsel.
2. Not later than October 17, 2013, EPA shall sign an order or orders granting or denying the June 2010 Petition and the May 2011 Petiti on (except Specific Objection I) under 42 U.S.C. § 7661d(b)(2). Once EPA signs such order or orders, EPA shall promptly provide written notice to Plaintiffs through their undersigned counsel.3 3. The Parties understand and agree that not hing in this Settlement Agreement requires EPA to provide any further response to any petition by Zen-Noh Grain Corporation, or any part of such petition, as part of res ponding to Plaintiffs’ June 2010 Petition, the May 2011 Petition, or any part(s) thereof, pursuant to the obligations described in Paragraphs 1 and 2.
4. Plaintiffs agree not to initiate litigation seeking judicial revi ew of any EPA order denying the June 2010 Petition, the May 2011 Petiti on, or any part(s) thereof, until within 60 days from the date when notice of such order has been published in the Federal Register. EPA does not waive or limit any defense relating to such litigation. Once EPA signs an order or orders granting or denying the June 2010 Pe tition and the May 2011 Pe tition (except Specific Objection I) pursuant to Paragraph 2, EPA shall promptly deliver notice of all orders signed pursuant to Paragraphs 1 and 2 to the Office of Federal Register for review and publication. Following such delivery to the Office of Federal Register, EPA shall not take any action (other than is necessary to correct typographical errors or other errors in form) to delay or otherwise interfere with the publication of such notices in the Federal Register. EPA shall promptly provide written notice to Plaintiffs through th eir undersigned counsel when publication of any such notice in the Federal Register occurs. 5. Plaintiffs shall file a motion for volun tary dismissal of the First Amended Complaint with prejudice in LEAN v. Jackson , pursuant to Federal Rule of Civil Procedure 41(a), within 15 days after whichever of the foll owing events occurs last, provided all of the following have occurred: a) this Settlement Agreement b ecomes final under Paragraph 7; and b) EPA has provided Plaintiffs written noti ce as required in Paragraphs 1 and 2.4 6. In the event EPA fails to fulfill the obliga tions described in Paragraphs 1 or 2 of this Settlement Agreement, Plaintiffs’ sole reme dy shall be the right to ask the Court to lift the stay of proceedings in LEAN v. Jackson and establish a schedule for further proceedings. EPA does not waive or limit any defense relating to such litigation. The Parties agree that contempt of court is not an available remedy und er this Settlement Agreement.
7. The Parties agree and acknowledge that before this Settlement Agreement becomes final and binding upon EPA, EPA will pr omptly provide public notice of the proposed settlement in the Federal Register and an oppor tunity for public comment pursuant to Clean Air Act section 113(g), 42 U.S.C. § 74 13(g). After this Settlement Agreement has undergone notice and comment, the Administrator and/or the Atto rney General, as appropriate, will promptly consider any such written comments in determ ining whether to withdraw or withhold their consent to the Settlement Agreement, in accordan ce with section 113(g) of the Clean Air Act. After the Administrator and/or the Attorney Ge neral elect whether or not to withdraw or withhold their consent to this Settlement Agr eement, EPA will promptly provide written notice of that election to Plaintiffs. This Settlement Agreement shall become final on the date, if any, that EPA provides written notice to Plaintiffs that the Administrator and Attorney General consent to this Settlement Agreement. If EP A does not provide such written notice within 60 days after the notice of the Settlement Agreement is published in the Federal Register, Plaintiffs’ sole and exclusive remedy under this Settlement Agr eement shall be the right to ask the Court to lift the stay of proceed ings in LEAN v. Jackson and establish a schedule for further proceedings. EPA does not waive or limit any defense relating to such litigation. The Parties agree that contempt of court is not an available reme dy under this Settlement Agreement.5 8. If this Settlement Agreement beco mes final under Paragraph 7 and EPA undertakes the actions set forth in Paragraphs 1 an d 2, the United States, on behalf of EPA, shall pay the sum of four thousand five hundred dol lars ($4,500.00) to Tulane Environmental Law Clinic, as counsel for Plaintiffs, in full and complete settlement of Plaintiffs’ claims for attorneys’ fees and costs in LEAN v. Jackson . The Parties agree that the amount provided herein constitutes a fair, reasonable, and full and complete settlement of all claims for attorneys’ fees and costs under any provision of la w that Plaintiffs asserted or c ould have asserted in connection with LEAN v. Jackson . The payment from the United St ates shall be made as soon as reasonably practicable after dismissal of this case as set forth in Paragraph 5 by electronic funds transfer in accordance with instru ctions provided by Pl aintiffs’ counsel.
9. Except as set forth in this Settlement Ag reement, the Parties retain all rights, claims, defenses, and discretion they may otherwis e have. Nothing in this Settlement Agreement shall be construed as an admission of any issue of fact or law related to the claims raised in Plaintiffs’ First Amended Complaint, or related to any action EPA may take with respect to the June 2010 Petition, the May 2011 Peti tion, the October 2012 Petition, or any part(s) thereof.
10. Nothing in this Settlement Agreement shal l be construed to limit or modify the discretion accorded EPA by the Cl ean Air Act or by general prin ciples of administrative law, including discretion to alter, am end, or revise any responses or actions contemplated by this Settlement Agreement. EPA’s obligation to perform the actions specified in Paragraphs 1 and 2 of this Settlement Agreement by the time specified therein does not constitute a limitation or modification of EPA’s discretion within the meaning of this Paragraph.
11. Nothing is this Settlement Agreement shall be construed to confer upon the district court jurisdiction to re view: (a) EPA’s order or orders granting or denying the June 20106 Petition, the May 2011 Petition, or an y part(s) thereof, pursuant to the obligations described in Paragraphs 1 and 2; or (b) any issues that are within the excl usive jurisdiction of the United States Courts of Appeals pursuan t to Clean Air Act section 307(b )(1), 42 U.S.C. § 7607(b)(1). Nothing in the terms of this Settlement Agreemen t shall be construed to waive any remedies or defenses the Parties may have under Clean Air Ac t section 307(b)(1), 42 U.S.C. § 7607(b)(1).
12. The obligations imposed upon EPA under this Settlement Agreement can only be undertaken using appropriated f unds. No provision of this Settlement Agreement shall be interpreted so as to constitute a commitment or requirement that EPA obligate or pay funds in contravention of the Anti-Deficie ncy Act, 31 U.S.C. § 1341, or take actions in contravention of the Administrative Procedure Act, 5 U.S.C. §§ 551-559, 701-706, the Clean Air Act, or any other law or regulation, either substant ive or procedural. In the ev ent that sufficient appropriated funding is not available, Plaintiffs’ sole and exclusive remedy under this Settlement Agreement is set forth in Paragraphs 6 and 7.
13. This Settlement Agreement may be modified by written agreement by counsel for the Parties.
14. This Settlement Agreement is the entire agreement between Plaintiffs and EPA in this case. All prior conversations, meetings, di scussions, drafts, and writings of any kind are specifically superseded by th is Settlement Agreement. 15. It is hereby expressly understood and agr eed that this Settlement Agreement was jointly drafted by Plaintiffs and EPA. Accord ingly, the Parties hereby agree that any and all rules of construction to the effect that ambiguity is construed ag ainst the drafting party shall be inapplicable in any dispute concerning the terms, meaning, or interpreta tion of this Settlement Agreement.7 16. Any notices required or provi ded for by this Settlement Agreement shall be made in writing (via electronic mail w ith a courtesy copy sent by U. S. mail, first class, postage prepaid, the same day) a nd sent to the following: For Plaintiffs : Corinne Van Dalen Tulane Environmental Law Clinic 6329 Freret St. New Orleans, LA 70118 Tel: (504) 862-8818 Fax: (504) 862-8721 cvandale@tulane.edu
For EPA : T. Monique Peoples United States Department of Justice Environment & Natural Resources Division Environmental Defense Section P.O. Box 7611 Washington, D.C. 20044 Phone: (202) 514-9365 Fax: (202) 514-8865 Email: monique.peoples@usdoj.gov Melina Williams U.S. Environmental Protection Agency Office of General Counsel (2344A) 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20460 Phone: (202) 564-3406 Fax: (202) 564-5603 Email: Williams.Melina@epamail.epa.gov
17. Each undersigned representative of the Parties to this Settlement Agreement certifies that he or she is fully authorized by the party to enter into and execute the terms and conditions of this Settlement Agreement. By signature below, all Pa rties consent to this Settlement Agreement. SO AGREED:FOR EPA:

Ignacia S. Moreno, Assistant Attorney General Environment &Natural Resources Division

T. Monique Pedpl~s / `~ l

P Environmental Demise Section Environment &Natural Resources Division U.S. Department of Jusrice P.O. Box 7611 Washington, D.C. 20044 {202) 514 -9365 monique.peoples

@ usdoj.gov

Date: 3 20

E:3 FOR PLAINTIFFS:
,s.
orinne Van Dalen Tulare Environmental La~v Clinic 6329 Freret St. New Orleans, LA 70118 Tet: (504) 86Z -8818 Fax: (504) 862

-8721 cvandale @tulane.edu

Date: ,~ ~.