IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

NATIONAL PARKS CONSERVATION ) ASSOCIATION, MONTANA ENVIRONMENTAL ) INFORMATION CENTER, GRAND CANYON ) TRUST, SAN JUAN CITI ZENS ALLIANCE, ) OUR CHILDREN'S EARTH FOUNDATION, ) PLAINS JUSTICE, POWDER RIVE R BASIN ) CIVIL ACTION NO. RESOURCE COUNCIL, SIERRA CLUB , ) 1: 11-cv-01548 (ABJ) AND ENVIRONMENTAL DEFENSE FUND ) ) Plaintiffs, ) ) v. ) ) GINA MCCARTHY, in her official capacity as ) Administrator, United States Environmental ) Protection Agency, ) ) Defendant. ) ________________________________________________)

STIPULATION TO AMEND CONSENT DECREE On March 30, 2012, the Court entered the Partial Consent Decree (“C onsent Decree” or “Decree”) in this matter. Paragr aph 7 of the Consent Decree provi des: “The deadlines in Table A or B may be extended for a period of 60 da ys or less by written stipulation executed by

counsel for EPA and Plaintiffs a nd filed with the Court.” Pursua nt to Paragraph 7, the Parties stipulate to extend the applicable deadlines for action by the United States Environmental Protection Agency (“EPA”) with respect to Arizona and Washington as follows:

A. Arizona : Table A, as modified by the Court’s Order of September 16, 2013 (ECF 78) sets two applicable deadlines: (1) By December 6, 2013, EPA will sign a notice of proposed rulemaking to promulgate a federal implementation plan (“FI P”) for all remaining elements of Arizona’s

Case 1:11-cv-01548-ABJ Document 80 Filed 11/14/13 Page 1 of 42 regional haze plan to ensure that EPA’s actions with respect to Arizona collectively meet the regional haze implementation plan require ments that were due by December 17, 2007 under EPA’s regional haze regulations; and (2) By May 6, 2014, EPA will sign a notic e of final rulemaking to promulgate a federal implementation plan (“FIP”) for all remaining elements of Arizona’s regional haze plan to ensure that EPA’s actions with respect to Arizona collectively meet the regional haze implementation plan requirements that we re due by December 17, 2007 under EPA’s regional haze regulations. Pursuant to Paragraph 7 of the Consent D ecree, Plaintiffs and EPA hereby stipulate to extend the deadlines in Table A applicable to Ar izona described above to require that EPA will sign the notice of proposed rulemaking by Janua ry 27, 2014, and will sign the notice of final rulemaking no later than June 27, 2014. B. Washington: Table A, as modified by the Court’s Order of July 15, 2013 (ECF 75) sets deadlines applicable to Washington as follows: The “Final Promulgation Deadline” for “all remaining RH SIP elements” for Washington in Table A is extended to April 30, 2014 unless (1) EPA fails to sign, by November 15, 2013 , a notice of re-proposed rulemaking for all remaining regional haze SIP elements for Washington; or (2) EPA fails to follow procedures identical to those in para graph 9 of the cons ent decree regarding submission of such signed notice for publicati on in the Federal Register. If either of the failures identified in the preceding sentence should occur, the deadline for EPA to sign the notice of final rulema king for all remaining regional haze SIP elements for Washington shall be December 3, 2013

. Case 1:11-cv-01548-ABJ Document 80 Filed 11/14/13 Page 2 of 43 (Emphasis added). Pursuant to Paragraph 7 of the Consent D ecree, Plaintiffs and EPA hereby stipulate to extend the deadlines in Table A applicable to Washington as follows: The “Final Promulgation Deadline” for “all remaining RH SIP elements” for Washington in Table A is extended to May 30, 2014, unless (1) EPA fails to sign, by December 16, 2013, a notice of re-p roposed rulemaking for all remaining regional haze SIP elements for Washington; or (2) EPA fails to follow procedures identical to those in paragraph 9 of th e consent decree rega rding submission of such signed notice for publication in the Fede ral Register. If e ither of the failures identified in the preceding sentence shoul d occur, the deadline for EPA to sign the notice of final rulemaking for all remaining regional haze SIP elements for Washington shall be January 10 , 2014.

Pursuant to the above-referenced paragraph 7 of the Consent Decr ee, the Court does not

need to enter an order to effectua te an extension of this length.

SO STIPULATED: Counsel for Plaintiffs /s/ Reed Zars LAW OFFICES OF REED ZARS 910 Kearney Street Laramie, WY 82070 (307) 745-7979 Fax: (307) 745-7999 Email: rzars@lariat.org Counsel for Defendant ROBERT G. DREHER Acting Assistant Attorney General Environment and Natural Resources Division /s/ Eileen T. McDonough EILEEN T. MCDONOUGH Environmental Defense Section

Case 1:11-cv-01548-ABJ Document 80 Filed 11/14/13 Page 3 of 44 U.S. Department of Justice P.O. Box 23986 Washington, D.C. 20026-3986 (202) 514-3126 Of Counsel: eileen.mcdonough@usdoj.gov

M. LEA ANDERSON MATTHEW MARKS Office of General Counsel U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, N. W. Washington, DC 20460 anderson.lea@epa.gov marks.matthew@epa.gov

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