SECOND JOINT STIPULATION TO MODIFY ORDER (DKT.

NO. 28)

Case No. 4:15-cv-4663-SBA

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JOHN C. CRUDEN

Assistant Attorney General

DEBRA J. CARFORA

Debra.Carfora@usdoj.gov

United States Department of Justice

Environmental Defense Section

601 D Street, N.W.

Suite 8000

Washington, DC 20004

Tel: (202) 514-2640

Fax: (202) 514-8865

Attorneys for Defendant EPA

ROBERT UKEILEY, Admitted Pro Hac Vice

Law Office of Robert Ukeiley

255 Mountain Meadows Road

Boulder, CO 80302

Telephone (303) 442-4033

Email: rukeiley@igc.org

[additional attorney for Plaintiffs included in signature block]

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

OAKLAND DIVISION

CENTER FOR BIOLOGICAL DIVERSITY, et 

al.,

Plaintiffs,

v.

GINA McCARTHY, Administrator, United 

States Environmental Protection Agency, in her 

official capacity,

Defendant.

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Case No. 4:15-cv-4663-SBA

SECOND JOINT STIPULATION TO 

MODIFY ORDER (DKT. NO. 28)

Case 4:15-cv-04663-SBA Document 31 Filed 12/20/16 Page 1 of 5
SECOND JOINT STIPULATION TO MODIFY ORDER (DKT.

NO. 28)

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Defendant Gina McCarthy, in her capacity as Administrator of the United States 

Environmental Protection Agency (“EPA”), and Plaintiffs Center for Biological Diversity, 

Center for Environmental Health, and Neighbors for Clean Air (collectively, the “Plaintiffs”) 

file this stipulation notifying the Court that the parties have agreed to extend certain deadlines in 

the Consent Decree. The deadlines at issue pertain to EPA duties required under Clean Air Act 

(“CAA”) section 110(k)(2)-(4) with respect to state implementation plan (“SIP”) submissions 

related to the 2006 National Ambient Air Quality Standard (“NAAQS”) for particulate matter 

less than 2.5 microns in diameter (“PM2.5”). The specific SIP submissions at issue are: (i) an 

August 20, 2013, SIP submission from the State of Utah intended to address nonattainment new 

source review (“NNSR”) requirements in the Logan, Utah, Provo, Utah, and Salt Lake City, 

Utah 2006 PM2.5 NAAQS nonattainment areas (“2013 Utah NNSR Submission”); and (ii) a 

December 19, 2012, SIP submission from the State of Idaho intended to address nonattainment 

plan requirements in the Logan, Idaho 2006 PM2.5 NAAQS nonattainment area (“2012 Idaho 

Attainment Plan”). The aforementioned deadlines were initially set forth in Paragraph “l.b.” of 

the Consent Decree entered by the Court on June 2, 2016 (ECF No. 28), and modified by 

written stipulation with notice to the Court on November 22, 2016 (ECF No. 30). The Consent 

Decree provides, inter alia, that “the deadlines established by this Consent Decree may be 

extended (a) by written stipulation of Plaintiffs and EPA with notice to the Court.” (ECF No. 

28, ¶ 5);

WHEREAS, the Consent Decree initially provided that the appropriate EPA official 

shall sign a notice of final rulemaking to approve, disapprove, or conditionally approve, in 

whole or in part, the relevant SIP submissions pursuant to sections 110(k)(2)-(4) of the CAA, 42 

U.S.C. §§ 7410(k)(2)-(4), for the 2006 PM2.5 NAAQS, no later than December 8, 2016;

WHEREAS, on October 27, 2016, EPA proposed action on the 2012 Idaho attainment 

plan SIP submission for the Logan nonattainment area, Proposed Rule, 81 Fed. Reg. 74,741 

(Oct. 27, 2016). The comment period on the proposed action ended on November 28, 2016;

WHEREAS, on October 31, 2016, EPA proposed action on 2013 Utah NNSR 

Submission for the Logan, Provo, and Salt Lake City nonattainment areas, Proposed Rule, 81 

Case 4:15-cv-04663-SBA Document 31 Filed 12/20/16 Page 2 of 5
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Fed. Reg. 75,361 (Oct. 31, 2016). The comment period on the proposed action ended on 

November 30, 2016; 

WHEREAS, on November 22, 2016, the Parties filed a Joint Stipulation extending 

EPA’s deadline in Paragraph “l.b.” of the Consent Decree to sign a notice of final rulemaking 

with respect to the 2013 Utah NNSR Submission and 2012 Idaho Attainment Plan SIP from 

December 8, 2016, to January 3, 2017. (ECF No. 30); 

WHEREAS, EPA determined that it cannot finalize its proposed action on the 2013 

Utah NNSR Submission with respect to the SIP revision pertaining to “R307-420 Permits: 

Ozone Offset Requirements in Davis and Salt Lake Counties” without a new SIP submission 

from Utah that will entail further evaluation and a new proposal with respect to that specific SIP 

revision;

WHEREAS, on December 1, 2016, the EPA Administrator signed a proposed 

determination of failure to attain by the attainment date for the Logan, Idaho 2006 24-hour 

PM2.5 NAAQS nonattainment area;

WHEREAS, if EPA finalizes the determination that the Logan, Idaho area failed to 

attain, the area will be reclassified from “Moderate” to “Serious” by operation of law and will 

be subject to all applicable Serious area attainment planning and nonattainment new source 

review (NNSR) requirements;

WHEREAS, EPA has determined that it needs additional time to take action on the 2012 

Idaho Attainment Plan with respect to the modeled attainment demonstration, reasonable further 

progress, quantitative milestone, and motor vehicle emissions budget requirements in order to 

evaluate public comments on the proposed action and to finalize the rulemaking;

WHEREAS, the parties have agreed to an extension of the final action deadline in 

Paragraph “l.b” for the specific requirements of the 2012 Idaho Attainment Plan and 2013 Utah 

NNSR Submission described herein.

NOW THEREFORE, Plaintiffs and EPA hereby stipulate as follows:

1. EPA’s deadline in Paragraph “l.b.” of the Consent Decree to sign a notice of 

final rulemaking for the 2012 Idaho Attainment Plan with respect to the modeled attainment 

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demonstration, reasonable further progress, quantitative milestone, and motor vehicle emissions 

budget requirements is extended from January 3, 2017 to April 28, 2017. The deadline for EPA 

to take final action on the 2012 Idaho Attainment Plan with respect to the remaining 

requirements shall remain January 3, 2017.

2. EPA’s deadline in Paragraph “l.b.” of the Consent Decree to sign a notice of 

final rulemaking for the 2013 Utah NNSR Submission with respect to the SIP revision 

pertaining to “R307-420 Permits: Ozone Offset Requirements in Davis and Salt Lake Counties”

is extended from January 3, 2017 to September 29, 2017. The deadline for EPA to take final 

action on the 2013 Utah NNSR Submission with respect to the remaining requirements shall 

remain January 3, 2017.

Date: December 20, 2016

JOHN C. CRUDEN

Assistant Attorney General

Environment & Natural Resources Division

/s/ Debra J. Carfora

DEBRA J. CARFORA

United States Department of Justice

Environmental Defense Section

601 D Street, NW, Suite 8000

Washington, DC 20004

Tel: (202) 514-2640

Fax: (202) 514-8865

Email: debra.carfora@usdoj.gov

Attorneys for EPA

Date: December 19, 2016

/s/ Robert Ukeiley (email authorization 12/19/16)

ROBERT UKEILEY, Admitted Pro Hac Vice

Law Office of Robert Ukeiley

255 Mountain Meadows Road

Boulder, CO 80302

Telephone (303) 442-4033

Email: rukeiley@igc.org

Case 4:15-cv-04663-SBA Document 31 Filed 12/20/16 Page 4 of 5
SECOND JOINT STIPULATION TO MODIFY ORDER (DKT.

NO. 28)

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Jonathan Evans (Cal. Bar #247376)

CENTER FOR BIOLOGICAL DIVERSITY

1212 Broadway, Suite 800

Oakland, CA 94612 

Phone: 510-844-7100 x318 

Fax: 510-844-7150 

email: jevans@biologicaldiversity.org

Attorneys for Plaintiffs

Case 4:15-cv-04663-SBA Document 31 Filed 12/20/16 Page 5 of 5