J UDGMENT C ASE N O . 4:14-cv-05091-YGR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

SIERRA CLUB AND WILDEARTH GUARDIANS, Plaintiffs,

v. GINA McCARTHY, in her official capacity as Administrator of the United States Environmental Protection Agency, Defendant. JUDGMENT Case No. 4:14-cv-05091-YGR and Case No. 4:14-cv-3198-YGR (consolidated)

SIERRA CLUB, Plaintiff,

v. GINA McCARTHY, in her official capacity as the Administrator of the United States Environmental Protection Agency, Defendant.

This Court having Granted In Part and Denied In Part Motions for Summary Judgment by Plaintiffs 1 and Defendants (4:14-cv-05091-YGR, Dkt. No. 39):Judgment on Claim 1 in Case No. 4:14-cv-3198-YGR and all claims in 4:14-cv05091-YGR is entered in part for Plaintiffs a nd in part for Defendant Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection

1 Sierra Club is a plaintiff in both Case No. 4:14-cv-3198-YGR and 4:14-cv05091-YGR. Wildearth Guardians is a plaintiff in only 4:14-cv-5091-YGR. Case4:14-cv-05091-YGR Document41 Filed05/15/15 Page1 of 7J UDGMENT C ASE N O . 4:14-cv-05091-YGR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agency (hereinafter “EPA”) as set forth in the Court’s May 7, 2015 Or der. Further, the terms of the proposed Partial Consent Decree between Sierra Club a nd EPA as to Claim 2 in Case No. 4:14-cv-3198-YGR are incorpor ated into this Order (4:14-cv-3198-YGR, Dkt. No. 49-1). It is ORDERED that by June 30, 2015 , the appropriate EPA official shall sign a notice issuing its failure to submit findi ngs for Alabama, Arkansas, California, Connecticut, Florida, Georgia, Iowa, Illinois, Kansas, Mass achusetts, Maine, Michigan, Minnesota, Mississippi, Missouri, New Ha mpshire, New Mexico, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, Washington, and West Virginia that have failed to include a G ood Neighbor provision for the 2008 ozone NAAQS in their SIP submittals. If any of the above States make a complete SIP submittal addressing Good Neighbor provision for the 2008 ozone NAAQS before that deadline, then EPA’s obligation to take the action re quired above as to that State is automatically terminated. It is further ORDERED that the appropriate EPA official shall sign a notice of final rulemaking to approve, di sapprove, conditionally approv e, or approve in part and conditionally approve or disapprove in part, certain plans pursuant to sections 110(k)(2)- (4) of the CAA, 42 U.S.C. §§ 7410(k)(2)-(4), no later than the date indicated below for the following states and elem ents of section 110(a)(2), 42 U.S.C. §§ 7410(a)(2) for the 2008 ozone NAAQS:

STATE SIP ELEMENT(S) DATE a. Alabama 110(a)(2)(J) (visib ility portion) October 31, 2015 b. Alabama 110(a)(2)(D)(i)(II) (prong 4) May 31, 2016 Case4:14-cv-05091-YGR Document41 Filed05/15/15 Page2 of 7J UDGMENT C ASE N O . 4:14-cv-05091-YGR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE SIP ELEMENT(S) DATE

c. Arizona 110(a)(C), (D)(i )(II) (prong 3 only), (J)-(K) except for elements 110(a)(2)(C), (J), and (D)(i)(II) to the extent these elements refer to the Prevention of Significant Deterioration (PSD) requirements in Maricopa County, Pima County, and Pinal County, 110(a)(2)(D)(ii) to the extent it refers to notification to other states for sources in these three counties, and element 110(a)(2)(K) for these three counties June 30, 2015

d. Arizona 110(a)(2)(D)(i)(I) (prongs 1 and 2) and (II) (prong 4) June 7, 2016

e. Colorado 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M) October 31, 2015 f. Colorado 110(a)(2)(D)(i)(I) (prongs 1 and 2) January 29, 2016 g. Connecticut 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M) December 31, 2015

h. Georgia 110(a)(2)(A)-(C), (E)-(H), (J)- (M) (excluding 110(a)(2)(C) (PSD portion) and (J) (PSD portion)) October 31, 2015

i. Georgia 110(a)(2)(D)(i)(II) (prong 4) May 31, 2016 j. Idaho 110(a)(2)(D)(i)(I) (prongs 1 and 2) January 29, 2016 k. Illinois 110(a)(2)(A) May 30, 2015 l. Illinois 110(a)(2)(E)(ii) and (J) (visibility portion) August 31, 2015

m. Indiana 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M) (excluding prong 4 and (J) (visibility portion)) May 31, 2015

n. Indiana 110(a)(2)(J) (visibility portion) August 31, 2015

o. Indiana 110(a)(2)(D)(i)(I) (prongs 1 and 2) and (D)(i)(II) (prong 4) June 7, 2016

p. Iowa 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M) September 30, 2016 Case4:14-cv-05091-YGR Document41 Filed05/15/15 Page3 of 7J UDGMENT C ASE N O . 4:14-cv-05091-YGR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE SIP ELEMENT(S) DATE q. Kansas 110(a)(2)(J) (visib ility portion) November 30, 2015

r. Maryland 110(a)(2)(D)(i)(I) (prongs 1 and 2) June 7, 2016

s. Mississippi 110(a)(2)(J) ( visibility portion) October 31, 2015 t. Mississippi 110(a)(2)(D)(i)(II) (prong 4) May 31, 2016

u. Montana 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M) March 31, 2016

v. Nebraska 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M) September 30, 2015

w. Nebraska 110(a)(2)(D)(i)(I) (prongs 1 and 2) January 29, 2016

x. New Hampshire 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M) December 31, 2015

y. North Carolina 110(a)(2)(A)-(C), (D)(ii)-(H), (J)-(M) (excluding 110(a)(2)(C) (PSD portion), E(ii), and (J) (PSD portion)) October 31, 2015

z. North Carolina 110(a)(2)(C) (PSD portion), (D)(i)(II) (prongs 3 and 4), (E)(ii), and (J) (PSD portion) May 31, 2016

aa. North Dakota 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M) (excluding prong 4) December 17, 2015

bb. North Dakota 110(a)(2)(D)(i)(I) (prongs 1 and 2) and (II) (prong 4) January 29, 2016

cc. Ohio 110(a)(2)(J) (visibility portion) August 31, 2015 dd. Ohio 110(a)(2)(D)(i)(I)(p rongs 1 and 2) and (II) (prong 4) June 7, 2016

ee. Oregon 110(a)(2)(D)(i)(I) (prongs 1 and 2) January 29, 2016

ff. Rhode Island 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M) December 31, 2015

gg. South Carolina 110(a)(2)(J) (visib ility portion) October 31, 2015 hh. South Carolina 110(a)(2)(D)(i)(II) (prong 4) May 31, 2016 ii. Texas 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M) (excluding prong 4) August 31, 2016 jj. Texas 110(a)(2)(D)(i)(II) (prong 4) September 4, 2015 kk. Texas 110(a)(2)(D)(i)(I) (prongs 1 and 2) June 7, 2016 Case4:14-cv-05091-YGR Document41 Filed05/15/15 Page4 of 7J UDGMENT C ASE N O . 4:14-cv-05091-YGR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE SIP ELEMENT(S) DATE ll. Utah 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M) (excluding prong 4) June 30, 2016

mm. Utah 110(a)(2)(D)(i)(I)(p rongs 1 and 2) and (II) (prong 4) June 7, 2016

If any State withdraws an above-listed submittal, then EPA’s obligation to take the action required above with respect to th at submittal is automatically terminated. EPA shall, within 15 days of signatu re, send the rulemaking package for each action taken pursuant to this Judgment and Orde r to the Office of the Federal Register for review and publication. The deadlines established by this Judg ment and Order may be extended (a) by written stipulation of Plaintiff and EPA with notice to the Court, or (b) by the Court upon motion of EPA for good cause shown pursuant to the Federal Rules of Civil Procedure and upon consideration of any response by Plai ntiff and any reply by EPA. Any other provision of this Judgment may be modified by the Court following mo tion of a party for good cause shown pursuant to the Federa l Rules of Civil Procedure and upon consideration of any response by a non-moving party and any reply. If a lapse in EPA appropriations occurs within one hundred and twenty (120) days prior to a deadline the above table in this Judgment, that deadline shall be extended automatically one day for each day of the lapse in appropriations. In the event of a dispute between Plain tiffs and EPA concerning the interpretation or implementation of any aspect of this J udgment and Order, the disputing party shall provide the other party with a written notice outlining the nature of the dispute and requesting informal negotiations. These parties shall meet and confer in order to attempt Case4:14-cv-05091-YGR Document41 Filed05/15/15 Page5 of 7J UDGMENT C ASE N O . 4:14-cv-05091-YGR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to resolve the dispute. If th ese parties are unable to resolv e the dispute within ten (10) business days after receipt of the notice, eith er party may petition the Court to resolve the dispute. No motion or other proceeding seeking to enforce this Judgment and Order or for contempt of Court shall be properly filed unless the proced ure set forth above has been followed, and the moving party has provided the other party with writ ten notice received at least ten (10) business days before the filing of such motion or proceeding. These consolidated cases are dismissed w ith prejudice. However, this Court shall retain jurisdiction over this matter to enforce the terms of this Judgment and Order and to consider any requests for costs of litigation, including attorney fees. Nothing in the terms of this Judgment a nd Order shall be construed (a) to confer upon this Court jurisdiction to re view any issues that are within the exclusive jurisdiction of the United States Courts of Appeals under CAA section 307(b)(1), 42 U.S.C. § 7607(b)(1), including final action take pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), approving, disapproving, or approving in part and disapproving in part a SIP submittal, or (b) to waive any claims, remedies, or defenses that the parties may have under CAA section 307(b)(1), 42 U.S.C. § 7607(b)(1). Nothing in this Judgment and Order sha ll be construed to limit or modify any discretion accorded EPA by the Clean Air Act or by general principles of administrative law in taking the actions which are the subjec t of this Judgment, including the discretion to alter, amend, or revise any final actions promulgated pursuant to this Judgment. EPA’s obligation to perform each action specifie d in this Judgment does not constitute a limitation or modification of EP A’s discretion within the me aning of this paragraph. Case4:14-cv-05091-YGR Document41 Filed05/15/15 Page6 of 7J UDGMENT C ASE N O . 4:14-cv-05091-YGR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs’ time to file a motion for co sts of litigation, incl uding attorneys’ and expert witness fees, and taxation of costs, is extended for 90 days from the date of this judgment, to allow the parties time to atte mpt to resolve this issue without judicial intervention. Plaintiffs reserve the right to seek additional costs of litigation, including reasonable attorney fees, incurred subsequent to entry of this Judgment. EPA reserves the right to oppose any such request for add itional costs of litiga tion, including attorney fees. EPA and Plaintiffs recognize and ack nowledge that the obligations imposed upon EPA under this Judgment can only be undert aken using appropriated funds legally available for such purpose. No provision of th is Judgment and Order shall be interpreted as or constitute a commitment or requirement that the United States obligate or pay funds in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other applicable provision of law.

IT IS SO ORDERED. DATED this 15th day of May, 2015

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________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT JUDGE Case4:14-cv-05091-YGR Document41 Filed05/15/15 Page7 of 7