SETTLEMENT AGREEMENT

WHEREAS, on August 10, 2011, Plaintiffs Sierra Club and WildEarth Guardians filed

their second amended complaint ("Complaint") in Sierra Club et al. v. Jackson, No. 3:10-cv04060-CRB (N.D. Cal) against Defendant Lisa P. Jackson, in her official capacity as

Administrator of the United States Environmental Protection Agency ("EPA"), alleging that EPA

has failed to undertake certain nondiscretionary duties under the Clean Air Act ("CAA"), 42

U.S.C. §§ 7401-7671q, and that such alleged failure is actionable under section 304(a)(2) of the

CAA, 42 U.S.C. § 7604(a)(2);

WHEREAS, Plaintiffs alleged that EPA has failed to perform a duty mandated by CAA

section 110(c)(1), 42 U.S.C. § 7410(c)(1), to promulgate Federal Implementation Plans ("FIPs")

within twenty-four (24) months after issuing a finding of failure to submit State Implementation

Plans ("SIPs") meeting applicable requirements of CAA section 110(a)(2), 42 U.S.C. §

7410(a)(2), for North Dakota, Hawaii, Alaska, Idaho, Oregon, Washington, Maryland, Virginia,

Arkansas, Arizona, Florida and Georgia with regard to the 1997 8-hour ozone National Ambient

Air Quality Standards ("NAAQS");

WHEREAS, Plaintiffs also alleged that EPA has failed to perform a duty mandated by

CAA section 110(k)(2), 42 U.S.C. 7410(k)(2), to take final action on the SIP submittals or

portions of submittals meeting applicable requirements of CAA section 110(a)(2), 42 U.S.C. §

7410(a)(2), for Maryland, Virginia, Arkansas, Oklahoma, Florida, Georgia, Nevada, North

Carolina, Tennessee, and Arizona with regard to the 1997 8-hour ozone NAAQS;

WHEREAS, on March 27, 2008, EPA published a final rule in the Federal Register

finding that certain states failed to make a complete SIP submission, in whole or in part, to meet
certain specified applicable requirements of CAA section 110(a)(2), 42 U.S.C. § 7410(a)(2), for

the 1997 8-hour ozone NAAQS, 73 Fed. Reg. 16205 (March 27, 2008)("Findings Notice");

WHEREAS, in the Findings Notice, EPA found the SIP submission of these states

complete for those specified applicable requirements of section 110(a)(2) for which EPA had not

made findings of failure to submit;

WHEREAS, the Parties agree that EPA's obligations under this Settlement Agreement to

promulgate Federal Implementation Plans ("FIPs") pursuant to section 110(c) of the CAA are

applicable only to the specific findings that certain states have failed to make complete

submissions, in whole or in part, for the applicable requirements of section 110(a)(2) as set out in

the Findings Notice;

WHEREAS, the Parties agree that EPA's obligations under this Settlement Agreement to

take action pursuant to section 110(k) of the CAA are only applicable to the specific findings that

certain states made complete submissions, in whole or in part, for the applicable requirements of

section 110(a)(2) as set out in the Findings Notice;

WHEREAS, the term "1997 8-hour ozone NAAQS infrastructure SIP" means for the

purposes of this Settlement Agreement a submission or multiple submissions from a State

addressing the applicable requirements of section 110(a)(2), 42 U.S.C. § 7410(a)(2), as set out in

the Findings Notice. The Findings Notice did not address sections 110(a)(2)(D)(i), 110(a)(2)(I),

or the portions of section 110(a)(2)(C) pertaining to nonattainment area requirements, 42 U.S.C.

§ 7410(a)(2)(D)(i), (a)(2)(I), (a)(2)(C), and, accordingly, the Parties agree that the obligations set

out below do not include EPA taking any actions regarding sections 110(a)(2)(D)(i),

110(a)(2)(I), and portions of section 110(a)(2)(C) pertaining to nonattainment area requirements;
WHEREAS, the Parties disagree as to whether, in the context of acting upon the 1997 8-

hour ozone NAAQS infrastructure SIPS, EPA must take affirmative action to address allegations

of specific deficiencies in the existing SIPS of the affected states. Plaintiffs contend that EPA is

not meeting its obligations under an existing consent decree by failing to address these issues;

EPA contends that it is not required to address these substantive issues in the context of acting on

the SII's in question, and hence is meeting its obligations under the consent decree;

WHEREAS, the specific SIP deficiencies alleged are: (1) provisions related to excess

emissions during periods of startup, shutdown, or malfunction at sources that may be contrary to

the CAA and EPA's policies addressing such emissions ("SSM"); (2) provisions related to

"director's variance" or "director's discretion" that purport to permit revisions to SIl' approved

emissions limits without sufficient public process or requiring approval by EPA that may be

contrary to the CAA ("director's discretion"); (3) provisions for minor source new source review

programs that may be inconsistent with the requirements of the CAA and EPA's regulations that

pertain to such programs ("minor source NSR"); and (4) provisions for Prevention of Significant

Deterioration programs that may be inconsistent with current requirements of EPA's "Final

NSR Improvement Rule," 67 Fed. Reg. 80,186 (December 31, 2002), as amended by 72 Fed.

Reg. 32,526 (June 13, 2007) ("NSR Reform")(collectively, the "Alleged SIP Deficiencies");

WHEREAS, Sierra Club submitted a petition for rulemaking to EPA on June 30, 2011,

requesting that EPA act on specific alleged SIP deficiencies related to the SSM issue ("Plaintiff's

SSM Petition");

WHEREAS, the Parties have agreed to settle claims set forth in the Complaint without

admission of any issue of fact or law;

3
WHEREAS, the Parties, by entering into this Settlement Agreement, do not waive or

limit any claim or defense, on any grounds, related to any final EPA action;

WHEREAS, the Parties consider this Settlement Agreement to be an adequate and

equitable resolution of all claims set forth in the Complaint;

WHEREAS, it is in the interest of the public, the Parties, and judicial economy to resolve

this matter without protracted litigation;

NOW THEREFORE, the Parties, intending to be bound by this Agreement, hereby

stipulate and agree as follows:

1. Pursuant to section 110(c)(1) of the CAA, 42 U.S.C. § 7410(c)(1), EPA shall sign

for publication in the Federal Register:

(a) no later than March 31, 2012, a notice or notices of the Agency's proposed

action either approving a SIP, promulgating a FIP, or approving a SIP in

part with promulgation of a partial FIP, for Alaska, Hawaii, Idaho, North

Dakota, Oregon and Washington to meet the applicable requirements of

section 110(a)(2), 42 U.S.C. § 7410(a)(2), as identified in the Findings

Notice; and

(b) no later than July 31, 2012, a notice or notices of the Agency's final action

either approving a SIP, promulgating a FIP, or approving a SIl' in part

with promulgation of a partial FIP, for Alaska, Hawaii, Idaho, North

Dakota, Oregon and Washington to meet the applicable requirements of

section 110(a)(2), 42 U.S.C. § 7410(a)(2), as identified in the Findings

Notice.
2. Pursuant to section 110(c)(1) of the CAA, 42 U.S.C. § 7410(c)(1), EPA shall sign

for publication in the Federal Register:

(a) no later than March 31, 2012, a notice or notices of the Agency's proposed

action either approving a SIl', promulgating a FIl', or approving a SIP in

part with promulgation of a partial FIP, for Maryland and Arkansas to

meet the applicable requirements of section 110(a)(2)(C) & (J), 42 U.S.C.

§ 7410(a)(2)(C) & (J), regarding NOx as a precursor for ozone, as

identified in the Findings Notice; and

(b) no later than July 31, 2012, a notice or notices of the Agency's final action

either approving a SIP, promulgating a FIP, or approving a SIP in part

with promulgation of a partial FIP, for Maryland and Arkansas to meet the

applicable requirements of section 110(a)(2)(C) & (J), 42 U.S.C. §

7410(a)(2)(C) & (J), regarding NOx as a precursor for ozone, as identified

in the Findings Notice.

3. Pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), EPA shall sign for

publication in the Federal Register:

(a) no later than March 31, 2012, a notice or notices of the Agency's proposed

action either approving, disapproving, or approving in part and

disapproving in part the 1997 8-hour ozone NAAQS Infrastructure SIP,

except for portions addressing the applicable requirements of section

110(a)(2)(C) & (J), 42 U.S.C. § 7410(a)(2)(C) & (J), for Maryland and

Arkansas. The 1997 8-hour ozone NAAQS Infrastructure SIP
submissions for Maryland and Arkansas are specifically identified in

Chart "A" attached hereto; and

(b) no later than July 31, 2012, a notice or notices of the Agency's final action

either approving, disapproving, or approving in part and disapproving in

part the 1997 8-hour ozone NAAQS Infrastructure SIP, except for portions

addressing the applicable requirements of section 110(a)(2)(C) & (J), 42

U.S.C. § 7410(a)(2)(C) & (J), for Maryland and Arkansas. The 1997 8-

hour ozone NAAQS Infrastructure SIP submissions for Maryland and

Arkansas are specifically identified in Chart "A" attached hereto.

4. Pursuant to section 110(c)(1) of the CAA, 42 U.S.C. § 7410(c)(1), EPA shall no

later than January 31, 2012, sign for publication in the Federal Register a notice or notices of the

Agency's final action either approving a SIP, promulgating a FIP, or approving a SIP in part with

promulgation of a partial FIP, for Virginia to meet the applicable requirements of section

110(a)(2)(C) & (J), 42 U.S.C. § 7410(a)(2)(C) & (J), regarding NOx as a precursor for ozone, as

identified in the Findings Notice.

5. Pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), EPA shall no later

than January 31, 2012, sign for publication in the Federal Register a notice or notices of the

Agency's final action either approving, disapproving, or approving in part and disapproving in

part the 1997 8-hour ozone NAAQS Infrastructure SIP, except for portions addressing the

applicable requirements of section 110(a)(2)(C) & (J), 42 U.S.C. § 7410(a)(2)(C) & (J), for

Virginia and Oklahoma. The 1997 8-hour ozone NAAQS Infrastructure SIP submissions for

Virginia and Oklahoma are specifically identified in Chart "A" attached hereto.
6. Pursuant to section 110(c)(1) of the CAA, 42 U.S.C. § 7410(c)(1), EPA shall sign

for publication in the Federal Register:

(a) no later than March 31, 2012, a notice or notices of the Agency's

proposed action either approving a SIP, promulgating a FIP, or approving

a SIP in part with promulgation of a partial FIP, for Arizona and Florida to

meet the applicable requirements of section 110(a)(2)(G), 42 U.S.C. §

7410(a)(2)(G), as identified in the Findings Notice; and

(b) no later than July 31, 2012, a notice or notices of the Agency's final action

either approving a SIP, promulgating a FIP, or approving a SIP in part

with promulgation of a partial FIP, for Arizona and Florida to meet the

applicable requirements of section 110(a)(2)(G), 42 U.S.C. §

7410(a)(2)(G), as identified in the Findings Notice.

7. Pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), EPA shall sign for

publication in the Federal Register:

(a) no later than March 31, 2012, a notice or notices of the Agency's proposed

action either approving, disapproving, or approving in part and

disapproving in part the 1997 8-hour ozone NAAQS Infrastructure SIP,

except for portions addressing the applicable requirements of section

110(a)(2)(G), 42 U.S.C. § 7410(a)(2)(G), for Florida. The 1997 8-hour

ozone NAAQS Infrastructure SIP submissions for Florida are specifically

identified in Chart "A" attached hereto; and

(b) no later than July 31, 2012, a notice or notices of the Agency's final action

either approving, disapproving, or approving in part and disapproving in

7
part the 1997 8-hour ozone NAAQS Infrastructure SIP, except for portions

addressing the applicable requirements of section 110(a)(2)(G), 42 U.S.C.

§ 7410(a)(2)(G), for Florida. The 1997 8-hour ozone NAAQS

Infrastructure SIP submissions for Florida are specifically identified in

Chart "A" attached hereto.

8. Pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), EPA shall sign for

publication in the Federal Register:

(a) no later than June 15, 2012, a notice or notices of the Agency's proposed

action either approving, disapproving, or approving in part and

disapproving in part the 1997 8-hour ozone NAAQS Infrastructure SIP for

Arizona regarding applicable requirements for section 110(a)(2)(A}-(C),

(E), (F) & (H)-(M), 42 U.S.C. § 7410(a)(2) (A~(C), (E), (F) & (H)-(M).

The 1997 8-hour ozone NAAQS Infrastructure SIP submissions for

Arizona are specifically identified in Chart "A" attached hereto; and

(b) no later than October 15, 2012, a notice or notices of the Agency's final

action either approving, disapproving, or approving in part and

disapproving in part the 1997 8-hour ozone NAAQS Infrastructure SIP for

Arizona regarding applicable requirements for section 110(a)(2)(A~(C),

(E), (F) & (H)-(M), 42 U.S.C. § 7410(a)(2) (A}-(C), (E), (F) & (H)-(M).

The 1997 8-hour ozone NAAQS Infrastructure SIP submissions for

Arizona are specifically identified in Chart "A" attached hereto.

9. Pursuant to section 110(c)(1) of the CAA, 42 U.S.C. § 7410(c)(1), EPA shall no

later than January 31, 2012, sign for publication in the Federal Register a notice or notices of the
Agency's final action either approving a SII', promulgating a FIP, or approving a SIP in part with

promulgation of a partial FIP, for Georgia to meet the applicable requirements of section

110(a)(2)(G), 42 U.S.C. § 7410(a)(2)(G), as identified in the Findings Notice

10. Pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), EPA shall no later

than January 31, 2012, sign for publication in the Federal Register a notice or notices of the

Agency's final action either approving, disapproving, or approving in part and disapproving in

part the 1997 8-hour ozone NAAQS Infrastructure SIP, except for portions addressing the

applicable requirements of section 110(a)(2)(G), 42 U.S.C. § 7410(a)(2)(G), for Georgia. The

1997 8-hour ozone NAAQS Infrastructure SIP submissions for Georgia are specifically

identified in Chart "A" attached hereto.

11. Pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), EPA shall sign for

publication in the Federal Register:

(a) no later than March 31, 2012, a notice or notices of the Agency's proposed

action either approving, disapproving, or approving in part and

disapproving in part the 1997 8-hour ozone NAAQS Infrastructure SIP,

except the applicable requirements of section 110(a)(2)(C) & (J), 42

U.S.C. § 7410(a)(2)(C) & (J), regarding NOx as a precursor for ozone, for

Tennessee. The 1997 8-hour ozone NAAQS Infrastructure SIP

submissions for Tennessee are specifically identified in Chart "A"

attached hereto; and

(b) no later than July 31, 2012, a notice or notices of the Agency's final action

either approving, disapproving, or approving in part and disapproving in

part the 1997 8-hour ozone NAAQS Infrastructure SIP, except the
applicable requirements of section 110(a)(2)(C) & (J), 42 U.S.C. §

7410(a)(2)(C) & (J), regarding NOx as a precursor for ozone, for

Tennessee. The 1997 8-hour ozone NAAQS Infrastructure SIP

submissions for Tennessee are specifically identified in Chart "A"

attached hereto.

12. Pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), EPA shall no later

than January 31, 2012, sign for publication in the Federal Register a notice or notices of the

Agency's final action either approving, disapproving, or approving in part and disapproving in

part the 1997 8-hour ozone NAAQS Infrastructure SIP, relating to portions addressing the

applicable requirements of section 110(a)(2)(C) & (J), 42 U.S.C. §§ 7410(a)(2)(C) & (J),

regarding NOx as a precursor for ozone, for Tennessee. The 1997 8-hour ozone NAAQS

Infrastructure SIP submissions for Tennessee are specifically identified in Chart "A" attached

hereto.

13. Pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), EPA shall no later

than January 31, 2012, sign for publication in the Federal Register a notice or notices of the

Agency's final action either approving, disapproving, or approving in part and disapproving in

part the 1997 8-hour ozone NAAQS Infrastructure SIPS for Nevada and North Carolina. The

1997 8-hour ozone NAAQS Infrastructure SIP submissions for Nevada and North Carolina are

specifically identified in Chart "A" attached hereto.

14. Within 15 business days after taking each action required in Paragraphs 1-13,

EPA shall send notice of such action to the Office of the Federal Register for review and

publication.

10
15. Sierra Club submitted Plaintiff's SSM Petition on June 30, 2011. Plaintiff's SSM

Petition addresses certain specifically identified provisions in the SIPS of states that Sierra Club

contends are contrary to the CAA and EPA's policies for emissions during SSM events, and

explains the basis for that contention with respect to each identified provision. EPA shall take

final action to grant or to deny Plaintiffls SSM Petition by August 31, 2012. Plaintiffs agree that

EPA may meet this obligation in one or more administrative actions, as EPA determines

appropriate, and that EPA may elect to grant or to deny Plaintiff's SSM Petition with respect to

individual alleged illegal SSM provisions, as EPA determines is consistent with the CAA and its

policies. EPA further agrees that for purposes of this Settlement Agreement, a grant of the

petition in question with respect to an alleged illegal SSM provision shall entail the issuance of a

final SIP call under CAA section 110(k)(5) or of a final error correction under CAA section

110(k)(6), as EPA deems appropriate, by the August 31, 2012, deadline. Nothing in this

Settlement Agreement shall be construed as precluding the Plaintiff from challenging EPA's

response to Plaintiff's SSM Petition in whole or in part.

16. For purposes of this Settlement Agreement only, and in consideration of EPA's

agreement to act upon the Plaintiff's SSM Petition by the August 31, 2012 deadline, Plaintiffs

agree that EPA is not obligated to take affirmative action to address the Alleged SIP Deficiencies

in the existing SIPs in the context of acting upon the 1997 8-hour ozone NAAQS Infrastructure

SIPS. This paragraph shall no longer apply if EPA fails to comply with the August 31, 2012

deadline in Paragraph 15.

17. Plaintiffs further agree, in consideration for EPA's agreement to act upon

Plaintiff's SSM Petition by the August 31, 2012 deadline, not to file any motion or other

pleading in the matters identified in Attachment "B" attached hereto, or file a motion to intervene

11
in any other litigation brought by any other party related to the 1997 8-hour ozone NAAQS

Infrastructure SIPs, or the comparable SIPs submitted by States for the 1997 PM2.5 NAAQS or

the 2006 PM2.5 NAAQS, requesting the court (i) to find EPA in violation of the consent decree

in the aforementioned cases or (ii) to provide any other relief, based upon EPA's allegedly not

taking final action on the SIP submissions required under CAA section 110(a)(2) for the 1997 8-

hour ozone NAAQS, 1997 PM2.5 NAAQS, or the 2006 PM2.5 NAAQS with respect to the

Alleged SIP Deficiencies. This paragraph shall no longer apply and Plaintiffs may file any

motion or other pleading in the actions identified in Attachment "B", including a motion for

contempt, if EPA fails to comply with the August 31, 2012 deadline in Paragraph 15. EPA

preserves all of its defenses.

18. EPA shall provide Plaintiffs with written notice and an opportunity to cure if EPA

believes Plaintiffs have failed to comply with Paragraphs 16 or 17. Plaintiffs shall not be

considered in breach of this Settlement Agreement until 30 days have passed after Plaintiffs have

received EPA's written notice of an alleged breach of Paragraphs 16 or 17 and Plaintiffs have not

withdrawn the motion or other pleading which EPA believes was a breach of Paragraphs 16 or

17.

19. The Parties may agree to extend any deadlines contained in this Settlement

Agreement by mutual written consent.

20. Within 15 days of signing this Settlement Agreement, the Parties agree to file a

joint motion in the district court to administratively close Sierra Club et al. v. Jackson, No. 3:10-

cv-04060-CRB (N.D. Cal). Plaintiffs shall file a motion for voluntary dismissal of Sierra Club et

al. v. Jackson, No. 3:10-cv-04060-CRB (N.D. Cal), with prejudice, in accordance with Rule

41(a) of the Federal Rules of Civil Procedure, with respect to all claims in the Complaint within

12
15 days after notice appears in the Federal Register of EPA taking the last rulemaking action

required under Paragraphs 1-13, and 15 of this Settlement Agreement.

21. If EPA fails to take action as set forth in Paragraphs 1 - 15, the Plaintiffs' sole

remedy under this Settlement Agreement shall be the right to reinstate Sierra Club et al. v.

Jackson, No. 3:10-cv-04060-CRB (N.D. Cal). EPA does not waive or limit any defense relating

to such litigation. In Sierra Club et al. v. Jackson, No. 3:10-cv-04060-CRB (N.D. Cal), the

Parties agree that contempt of court is not an available remedy under this Settlement Agreement

22. Nothing in this Settlement Agreement shall be construed to limit or modify the

discretion accorded EPA by the CAA and by general principles of administrative law, including

the discretion to alter, amend or revise any responses and/or actions contemplated by this

Settlement Agreement. EPA's obligation to take the actions set forth in Paragraphs 1-15 by the

time specified therein does not constitute a limitation or modification of EPA's discretion within

the meaning of this paragraph.

23. EPA agrees that, pursuant to section 304(d) of the CAA, 42 U.S.C. § 7604(d),

Plaintiffs are both eligible and entitled to recover their costs of litigation this action, including

reasonable attorneys' fees, incurred prior to execution of this Settlement Agreement. The Parties

shall seek to resolve informally any claim for costs of litigation, including reasonable attorneys'

fees.

24. The obligations imposed by EPA under this Settlement Agreement may only be

undertaken using appropriated funds. No provisions of this Settlement 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, or any other applicable federal law.

13
25. The Parties agree and acknowledge that prior to entering into this Settlement

Agreement, EPA must provide notice of this Settlement Agreement in the Federal Register and

an opportunity for public comment pursuant to section 113(g) of the CAA, 42 U.S.C. § 7413(g).

After this Settlement Agreement has undergone 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 their consent to the Settlement Agreement, in

accordance with section 113(g) of the CAA.

26. Any notices required or provided for by this Settlement Agreement shall be made

in writing, via facsimile, e-mail or other means, and sent to the following:

For Plaintiffs:

Robert Ukeiley

Law Office of Robert Ukeiley

435R Chestnut Street, Suite 1

Berea, KY 40403

Tel: 859-986-5402

Fax: 866-618-1017

rukeiley@igc.org

Kimberly [Kasey] Sturm

260 Peachtree Street, NW

Suite 1200

Atlanta, Georgia 30303

Tel: 404.525.9205

Fax: 404.522.0275

ksturm@stack-envirolaw.com

For Defendant:

Chief, Environmental Defense Section

U.S. Department of Justice

Environment and Natural Resources Division

Environmental Defense Section

P.O. Box 23986

Washington, D.C. 20026-3986

14
Geoffrey L. Wilcox

Office of the General Counsel

U.S. Environmental Protection Agency

Ariel Rios Bldg. MC 2344A

1200 Pennsylvania Ave., NW

Washington, D.C. 20460

Phone: (202) 564-5601

Fax: (202) 564-5603

Email: wilcox.geoffrey@epa.gov

27. The undersigned representatives of each party certify that they are fully

authorized by the party that they represent to bind that party to the terms of this Settlement

Agreement.

COUNSEL FOR PLAINTIFFS:

Dated: I ~ - Z~j. ~~' e /'°

t

L

imber [Kasey] A, St m (A mute Pro Hac

e)

260 Peachtree Street, NW

Suite 1200

Atlanta, Georgia 30303

(404) 525-9205

(404)522-0275

ksturm@stack-envirolaw.com

COUNSEL FOR DEFENDANT:

Dated: Zt~ \~

Counsel for Plaintiffs

IGNACIA S. MORENO

Assistant Attorney General

Environment &Natural Resources Division

,p ~~_~~.

Michelle R. Lambert

Trial Attorney

15
U.S. Department of Justice

Environmental Defense Section

P.O. Box 23986

Washington, D.C. 20026-3986

Tel: (202) 616-7501

Fax: (202)514-8865

michelle.lambert@usdoj .gov

Counsel for Defendant

16
SIP IDENTIFICATION CHART

1

Attachment “A” to Settlement Agreement 

Sierra Club et al., v. Jackson 

Case No. 3:10-cv-04060 

State SA ¶ 110(a)(2) Requirements * SIP Identification**

Maryland 3 42 U.S.C. § 7410(a)(2)(A), (B), (D)(ii), 

(E), (F), (G), (H), (K), (L), and (M). 

0011; 0011.1; 0011.2; 

0011.3; 0011.4; 0011.5; 

0011.6 

Arkansas 3 42 U.S.C. § 7410(a)(2)(A), (B), (D)(ii), 

(E), (F), (G), (H), (K), (L), and (M). 

0028; 0028.1 

Virginia 5 42 U.S.C. § 7410(a)(2)(A), (B), (D)(ii), 

(E), (F), (G), (H), (K), (L), and (M). 

December 10, 2007, Letter 

from David K. Paylor, 

Director of VADEQ, 

and enclosure “State 

Implementation Plan 

110(a)(2) Requirements for 

Ozone”; 

December 13, 2007, Letter 

from David K. Paylor, 

Director of VADEQ, 

and enclosure “Status of 

110(a)(2)Requirements in 

the Virginia State 

Implementation Plan”

Oklahoma 5 42 U.S.C. § 7410(a)(2)(A), (B), (D)(ii), 

(E), (F), (G), (H), (K), (L), and (M). 

0031 

Florida 7 42 U.S.C. § 7410(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (H), (J),(K), (L), and 

(M). 

0015 

Arizona 8 42 U.S.C. § 7410(a)(2) (A)–(C), (E), (F) 

& (H)-(M) 

October 14, 2009, Letter 

from Benjamin H. 

Grumbles, Director ADEQ, 

“Re: Arizona State 

Implementation Plan 

Revision Under Clean Air 

Act Section 110(a)(2) and 

(2); 2006 PM2.5 NAAQS, 

1997 PM2.5 NAAQS and 

1997 8-hour Ozone 

NAAQS.” 

Georgia 10 42 U.S.C. § 7410(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (H), (J),(K), (L), and 

(M). 

0016; 0041 
SIP IDENTIFICATION CHART

2

Attachment “A” to Settlement Agreement 

Sierra Club et al., v. Jackson 

Case No. 3:10-cv-04060 

* This Settlement Agreement only obligates EPA to act on the requirements regarding the 1997 8-hour 

ozone NAAQS addressed in the 2008 Findings Notice or other submissions cited in this chart. This does 

not include 110(a)(2)(D)(i) and 110(a)(2)(I) and portions of section 110(a)(2)(C) pertaining to 

nonattainment area requirements. 

** Unless otherwise specified, this is the Document ID from the docket for our 2008 

completeness findings, Docket No. EPA-HQ-OAR-2007-1173, or the date of the submission. 

The docket may be accessed online at http://www.regulations.gov. 

Tennessee 11,12 42 U.S.C. § 7410(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (G), (H), (J),(K), (L), 

and (M). 

0021; 

May 28, 2009, Submission 

by Barry Stephens, 

Technical Secretary for 

TDEC, “Official Submittal 

Request for State 

Implementation Plan 

Revisions to 1200-3-9-.01 

Construction Permits; 

1200-3-9-.02 Operating 

Permits; and 1200-3-9-.03 

General Provisions” 

North Carolina 14 42 U.S.C. § 7410(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (G), (H), (J),(K), (L), 

and (M). 

0019; 0019.1; 0019.2 

Nevada 14 42 U.S.C. § 7410(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (G), (H), (J),(K), (L), 

and (M). 

February 1, 2008, Letter 

from Leo M. Drozdoff, 

Administrator NDEP, with 

enclosures regarding “CAA 

110(a)(2)(A)-(M) 

Requirements in the 

Current Nevada State 

Implementation Plan for 8-

hour Ozone” 
Attachment “B” to Settlement Agreement 

Sierra Club et al. v. Jackson, 

No. 3:10-cv-04060-CRB (N.D. Cal) 

Identified Cases Relevant to Paragraph 18

1. Sierra Club v. Jackson, 10-133 PLF (D.D.C.) 

 

2. WildEarth Guardians et al. v. Jackson, No. 3:11-cv-00190-WHA (N.D. Cal.) 

3. WildEarth Guardians v. Jackson, No. 09-cv-02148-REB-MJW (D. Co.)