SETTLEMENT AGREEMENT WHEREAS,PlaintiffLouisiana Environmental Action Network filed, pursuant to section 505(b)(2)ofthe Clean Air Act, 42 U.S.C. § 7661d(b)(2), a petition on March 28, 2011 with Defendant, Lisa Jackson,Administrator ofthe U.S. Environmental Protection Agency ( "EPA"), requesting that EPA object to Title V Operating Permit No. 2453-V2 issued by the Louisiana Department ofEnvironmental Quality to Noranda Alumina, LLC for its alumina processing facility in Gramercy, St. John the Baptist Parish, Louisiana ( "Noranda Petition"); WHEREAS,Plaintifffiled a complaint styled as Louisiana EnvironmentalAction Network v. Jackson,No. 3:12-cv-0088-JTT-JDK (M.D. La.)( "Complaint"), on February 15, 2012,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, 42 U.S.C. § 7661d(b)(2), to grant or deny the Noranda Petition within 60 days ofthe filing ofthe Petition and further alleging that EPA has not granted or denied the Petition; WHEREAS,EPA does not admit any allegation offact or law alleged in Plaintiffs Complaint; 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 bowed 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 pendingcompletion of, and subject to, the terms ofthis Agreement. 2. EPA shall grant or deny the Noranda Petition no later than December 15, 2012 pursuant to section 505(b)(2)ofthe Clean Air Act,42 U.S.C. § 7661d(b)(2). Once EPA grants

or denies the Noranda Petition, EPA shall expeditiously provide written notice to Plaintiff through 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,Plaintiffs 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 2consent to this Agreement,EPA shall expeditiously provide written notice to Plaintiffthrough its

undersigned counsel. This Agreement shall become final on the date, if any,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, Plaintiffls sole remedy with respect to the Noranda 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 action specified in Paragraph 2 by the time specified therein does not constitute a limitation or modification ofEPA's discretion within the meaning ofthis paragraph. 8. EPA agrees that any motion to dismiss pursuant to Paragraph 3 will be without prejudice to Plaintiffs right to move for costs of litigation (including reasonable attorneys' fees). EPA reserves its right to object to the award ofany such costs. The Parties agree that Plaintiff shall have until 120 days after any motion to dismiss pursuant to Paragraph 3 to file a motion for costs oflitigation (including attorneys' fees). During this time the Parties shall seek to resolve informally any claim for costs oflitigation (including attorneys' fees).

# ~1

,`~~ COR VAN DALEN Tulane Environmental Law Clinic 6329 Freret St. New Orleans, LA 70118 Tel: (504)862-8818 Fax: (504)862-8721 cvandale@tulane.edu DATED: ~G~ ~~ Z

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

CHRISTINA L.RICHMOND Environmental Defense Section Environment &Natural Resources Division United States Department ofJustice P.O. Box 23986 Washington,D.C. 20026-3986 Phone (202)514-3376 F~ (202)514-8865 Christina.Richmond2@usdoj .gov DATED: ~~ ,z~ ~~/~