Proposed Settlement Agreements, Clean Air Act Citizen Suit

In accordance with section 113(g) of the Clean Air Act, as amended ("CAA"), 42 U.S.C. 7413(g), notice is hereby given of two proposed settlement agreements to resolve two cases filed by the WildEarth Guardians ("Guardians") involving EPA actions under the CAA Title V operating permit program. On November 17, 2010, Guardians filed a petition with the Environmental Appeals Board ("EAB") challenging a Title V Renewal Permit issued by EPA Region 8 on October 18, 2010 to BP America Production Company ("BP") for its Florida River Compression Station Facility (In re BP America Production Co., Florida River Compression Facility, Appeal No. CAA 10-04). On April 25, 2011, Guardians also filed a petition in the United States Court of Appeals for the Tenth Circuit (WildEarth Guardians v. EPA, No. 11-9527) challenging the Administrator's February 2, 2011 order denying an administrative petition to object to a July 14, 2010 response of the Colorado Department of Public Health and Environment, Air Pollution Control Division regarding the issuance of a renewed title V permit for Anadarko Petroleum Corporation's Frederick Compressor Station. Under the proposed settlement agreements, EPA would agree to undertake a pilot program for the purpose of studying, improving, and streamlining source determinations in the oil and gas industry in new or renewal Title V permits for which Region 8 is the initial Part 71 permitting authority.