P.1 

OAR Box 1147 

Prepped by Ollie Stewart 

Document Number: 

226)IV-E-100 

Docket Number: 

A-87-11 

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IV-E-I0O 

SETTLEMENT AGREEMENT 

BETWEEN ' L*l(£ P _fij ' 

NATURAL RESOURCES DEFENSE COUNCIL; 

CENTER FOR AUTO SAFETY; - i JUN | 01993 

EAST COAST OIL CORPORATION; 

SHEETZ, Inc.; and the ,. -

AMERICAN PETROLEUM INSTITUTE, ---—'..._. 

AND 

CAROL M. BROWNER, Administrator, United States Environmental 

Protection Agency, and the 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. 

The Natural Resources Defense Council, Center for Auto 

Safety, East Coast Oil Corporation, Sheetz, Inc., and the 

American Petroleum Institute (referred to collectively as "NRDC") 

and Carol M. Browner, as Administrator of the United States 

Environmental Protection Agency, and the United States 

Environmental Protection Agency (referred to collectively as 

"EPA"), intending to be bound by this Settlement Agreement 

("Agreement"), hereby stipulate and agree as follows: 

1) Subject to paragraph 3 below, this Agreement 

resolves all claims or litigation or potential claims or 

litigation that NRDC has raised or could raise in any federal 

district court pursuant to Clean Air Act section 304(a), 42 

U.S.C. § 7604(a), or the Administrative Procedure Act; in the . 

United States Court of Appeals for the District of Columbia 

Circuit, Case No. 92-1137 and consolidated cases; in the United 

States Court of Appeals for the Fourth Circuit, Case No. 92-1534 

and consolidated cases; or in any other litigation or 

administrative proceeding with respect to the date by which EPA 

shall promulgate final standards that require certain vehicles to 

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be equipped with onboard systems for the control of vehicle 

refueling emissions pursuant to Clean Air Act section 202(a)(6), 

42 U.S.C. § 7521(a)(6). Once this Agreement becomes final 

pursuant to paragraph 8 below, NRDC shall withdraw its Motion to 

Set Deadline For Promulgation of Final Onboard Standards, Etc. 

(filed February 23, 1993). 

2) No later than January 22, 1994, the Administrator 

of EPA shall (a) sign a notice of final rulemaking that 

promulgates the final onboard standards required under Clean Air 

Act section 202(a)(6), 42 U.S.C. § 7521(a)(6), and (b) make said 

notice of rulemaking available to the public. EPA shall submit 

by January 29, 1994, said notice to the Federal Register for 

publication. 

3) Except as otherwise authorized in the motion filed 

in the D.C. Circuit, Case No. 92-1137 and consolidated cases 

(dated June 2, 1993), NRDC may file in federal court a petition, 

complaint, claim or other appropriate motion or pleading that 

seeks a court-imposed date by which EPA must issue onboard 

standards under section 202(a)(6) if and only if (a) the 

Administrator has not signed the notice of final rulemaking or 

submitted said notice to the Federal Register for publication by 

the dates set forth in paragraph 2 above, (b) the comment period 

for the rulemaking referred to in paragraph 2 above does not 

close by August 22, 1993, or (c) EPA fails to send a status 

report letter to NRDC no later than December 20, 1993, that 

estimates the date by which.the Administrator will sign the 

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notice of final onboard rulemaking, or if such a letter is sent 

by December 20, 1993, but EPA's estimate of the date by which the 

Administrator will sign the notice of final rulemaking is later 

than January 22, 1994. Before NRDC may exercise the rights under 

this paragraph that are conditioned by the events in subparagraph 

(b), NRDC must first provide EPA with 10 days notice after the 

passage of such triggering event. NRDC may not exercise its 

rights if during that notice period EPA has taken the reguired 

action. 

4) This Agreement may be modified at any time by 

consent of NRDC and EPA. 

5) The present agreement does not address the issue 

of attorney's fees, and NRDC and EPA reserve any rights they may 

otherwise have regarding that issue. 

6) Nothing in this Agreement shall operate to 

restrict EPA's or NRDC's right to seek further judicial review of 

any aspect of the D.C. Circuit's January 22, 1993 decision in 

Case No. 92-1137 and consolidated cases. This Agreement will be 

null and void if the result of such review is inconsistent with 

this Agreement. 

7) Nothing in this Agreement shall restrict the right 

of EPA to contest the jurisdiction of any federal court over any 

claim that EPA has failed to issue, or should be ordered to 

issue, final onboard standards required under section 202(a)(6) 

in a reasonable period of time or by a certain date. NRDC 

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retains its rights to argue that any federal court possesses 

jurisdiction to entertain any such claim. 

8) EPA and NRDC agree and acknowledge that before 

this Agreement is final, EPA must provide notice in the Federal 

Register and an opportunity for comment pursuant to Clean Air Act 

section 113(g), 42 U.S.C. § 7413(g). EPA shall submit said 

notice of this Agreement to the Federal Register for publication 

as expeditiously as possible. After this Agreement has undergone 

an opportunity for notice and comment, the Administrator and/or 

the Attorney General, as appropriate, shall promptly consider any 

such written comments in determining whether to withdraw or 

withhold her consent to the Agreement, in accordance with section 

113(g) of the Clean Air Act. This Agreement shall become final 

on the date that EPA provides notice of such finality to the D.C. 

Circuit in Case No. 92-1137. 

9) Once this Agreement becomes final pursuant to 

paragraph 8 above, it shall be made available to the public. As 

expeditiously as possible after this Agreement becomes final, but 

not later than 14 days after it becomes final, EPA shall notify 

the State Directors in each state that contains at least one 

moderate ozone nonattainment area of this Agreement and provide 

them with copies of it. 

10) No provision of this Agreement shall be 

interpreted as or constitute a commitment or requirement that EPA 

obligate or pay funds in contravention of the Anti-Deficiency 

Act, 31 U.S.C. § 1341. 

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11) This Agreement represents the entire agreement 

between the NRDC and EPA. The undersigned attorneys for each of 

the parties to this Agreement hereby certify that they are 

authorized to enter into this Agreement on behalf of each such 

party. 

DAVID J. KAPLAN , 

U.S. Department of Justice 

Environment and Natural Resources 

Division; Room 7324 

10th & Pennsylvania Ave., N.W. 

Washington, D.C. 20530 

(202) 514-0997 

STEVEN SILVERMAN 

Attorney 

Office of General Counsel 

U.S. Environmental Protection Agency 

Washington, D.C. 20460 

Attorneys for CAROL M. BROWNER and 

the UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY 

HO WARD I. FOX 

Sierra Club Legal Defense Fund 

1531 P Street, N.W. 

Suite 200 

Washington, D.C. 20005 

Attorney for the NATURAL RESOURCES 

DEFENSE COUNCIL and the CENTER FOR 

AUTO SAFETY 

MICHAEL D. SHERMAN 

J. KEITH AUSBROOK 

Collier, Shannon & Scott 

3050 K Street, N.W. , Suite 400 

Washington, D.C. 20007 

3V^ > . M ^ 

Date 

Date 

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Jitnt 2. If 13. J 

Date 

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Attorneys for EAST COAST OIL CORPORATION 

and SHEETZ, Ihc. 

ALICE CROWE 

1220 L Street, N.W. 

9th Floor 

Washington, D.c. 20005 

Attorneys for the AMERICAN PETROLEUM 

INSTITUTE 

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