# Exhibit A

Case 1:12-cv-00013-RWR Document 9-1 Filed 06/28/12 Page 1 of 101 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

____________________________________ ) SIERRA CLUB, ) ) Plaintiff, ) ) Civil Case No. 1: 1 2

- cv - 00 0 13 (R WR ) v. ) ) LISA P. JACKSON, in her official ) capacity as Administrator, UNITED ) STATES ENVIRONMENTAL ) PROTECTION AGENCY, ) ) Defendant. ) ____________________________________) CONSENT DECREE WHEREAS, on March 9 , 2012, Plaintiff Sierra Club filed a First Amended Complaint in this matter against Defendant Lisa P. Jackson, in her official capacity as Administrator of the United States Environmental Protection Agency (hereinafter, “EPA” or “the Agency”), alleging that EPA has failed to undertake certain nondiscretionary duties under the Clean Air Act (“CAA”), 42 U.S.C. §§ 7401

- 7671q, and tha t such alleged failure is actionable under section 304(a)(2) of the CAA, 42 U.S.C. § 7604(a)(2); WHEREAS, Sierra Club’s First Amended Complaint alleges that EPA has failed to perform a duty mandated by CAA sections 110(k)(2) and (3), 42 U.S.C. §§ 7410(k)(2 ) and (3), to take timely final action to approve, disapprove, or partially approve/disapprove the state implementation plan (“SIP”) submittals or portions of submittals for the Charlotte

- Gastonia

Rock Hill 1997 8

- hour ozone nonattainment area from North C arolina and South Carolina; WHEREAS, Sierra Club specifically alleges that EPA has not yet taken action on the following SIP submittals or portions of submittals from North Carolina for its portion of the Case 1:12-cv-00013-RWR Document 9-1 Filed 06/28/12 Page 2 of 102 Charlotte

- Gastonia

- Rock Hill 1997 8

- hour ozone non attainment area : the e mission s inventory , the reasonable further progress (“R FP ”) for volatile organic compounds (“VOC”) and nitro gen oxides (“NOx”) requirements, the reasonable area control technology (“RACT”) for NO x for major sources , and the emission s statement s ; WHEREAS, Sierra Club specifically alleges that EPA has not yet taken action on the following SIP submittals or portions of submittals from South Carolina for its portion of the Charlotte

- Gastonia

- Rock Hill 1997 8

- hour ozone nonattainment area : the e mission s inventory , the RFP for VOC and NOx, and the em ission s statement s ; WHEREAS, on April 24 , 2012, EPA took final action to approve the SIP submittal submitted by North Carolina addressing the 1997 ozone NAAQS emissions statements requirement f or the Charlotte

- Gastonia

- Rock Hill 1997 8

- hour ozone nonattainment area (77 Fed. Reg. 24 , 382 ) ; WHEREAS, on May 4 , 2012, EPA took final action to approve the SIP submittals submitted by North Carolina addressing the 1997 ozone NAAQS emissions inventory for the Charlotte

- Gastonia

- Rock Hill 1997 8

- hour ozone nonattainment area (77 Fed. Reg. 2 6,4 41 ) ; WHEREAS, on May 18 , 2012, EPA took final action to approve the SIP submittals submitted by South Carolina addressing the 1997 ozone NAAQS emissions inventory for the Charlotte

- Gastonia

- Rock Hill 1997 8

- hour ozone nonattainment area (77 Fed. Reg. 29 , 540 ) ; WHEREAS, the Parties wish to effectuate a complete and final settlement of Sierra Club v. Jackson , Case No. 1 2

- cv - 000 13 (D.D.C.), without expensive and protracted litigation and without the admission of any issue of fact or law; WHEREAS, the Parties, by entering into this Consent Decree, do not waive or limit any claim, remedy, or defense, on any grounds, related to any final EPA action; Case 1:12-cv-00013-RWR Document 9-1 Filed 06/28/12 Page 3 of 103 WHEREAS, the Parties consider this Consent Decree to be an adequate and equitable resolution of all of the claims in the above

- captioned case; WHEREAS, the Court, by entering this Consent Decree, finds that the Consent Decree is fair, rea sonable, in the public interest, and consistent with the CAA, 42 U.S.C. §§ 7401

- 7671q; NOW THEREFORE, before the taking of testimony, without trial or determination of any issue of law or fact, and upon the consent of the Parties, it is hereby ORDERED,
ADJ UDGED and DECREED that:
1. This Court has subject matter jurisdiction over the claims set forth in the First Amended C omplaint and to order the relief contained in this Consent Decree. Venue is proper in the United States District Court for the District of C olumbia.
2. Pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), the appropriate EPA official shall no later than November 30, 2012, sign for publication in the Federal Register a notice or notices of the Agency’s final action approving, disapprovin g, or approving in part and disapproving in part the SIP submittal s submitted by North Carolina addressing the 1997 ozone NAAQS RFP for VOC and NOx requirement for the Charlotte

- Gastonia

- Rock Hill area. 3. Pursuant to section 110(k) of the CAA, 42 U.S.C. § 7 410(k), the appropriate EPA official shall no later than November 30, 2012, sign for publication in the Federal Register a notice or notices of the Agency’s final action approving, disapproving, or approving in part and disapproving in part the SIP submitt als submitted by South Carolina addressing the 1997 ozone NAAQS RFP for VOC and NOx and the emission s statement s requirements for the Charlotte

Gastonia

- Rock Hill area.
4. Pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), the appropriate EPA officia l shall no later than May 1, 2013, sign for publication in the Federal Register a notice or Case 1:12-cv-00013-RWR Document 9-1 Filed 06/28/12 Page 4 of 104 notices of the Agency’s final action approving, disapproving, or approving in part and disapproving in part the SIP submittals submitted by North Carolina addressin g the 1997 ozone NAAQS RACT for NOx for major sources requirement for the Charlotte

- Gastonia

- Rock Hill

area . 5. If any State withdraws any of the SIP submittals described in Paragraphs 2 through 4 , then EPA’s obligation to take the corresponding action on such SIP submittal is automatically terminated.
6. After signing a final rule or determination as described in Paragraphs 2 through 4 of this Consent Decree, EPA shall promptly deliver notice of su ch actions to the Office of Federal Register for review and publication.
7. The deadlines in Paragraphs 2 through 4 may be extended by (a) written stipulation executed by counsel for Sierra Club and EPA with notice to the Court, or (b) by the
Court on a mot ion of EPA for good cause shown pursuant to the Federal Rules of Civil Procedure, and upon consideration of any response by Sierra Club and any reply by EPA. Any other provision of this Consent Decree may be modified by the Court following motion of Sierr a Club or EPA for good cause shown pursuant to the Federal Rules of Civil Procedure and upon consideration of any opposition by the non

- moving party and any reply.
8. Sierra Club and EPA shall not challenge the terms of this Consent Decree or this Court’s j urisdiction to enter and enforce this Consent Decree.
9. Sierra Club and EPA agree that this Consent Decree shall constitute a complete and final settlement of all claims that Sierra Club has asserted against the United States, including EPA, under any provis ion of law in connection with Sierra Club v. Jackson , Case No.
1 2

- cv - 000 13 (D.D.C.). Sierra Club therefore discharges and covenants not to sue the United Case 1:12-cv-00013-RWR Document 9-1 Filed 06/28/12 Page 5 of 105 States, including EPA, for any such claims.
10. Nothing in this Consent Decree shall be construed to li mit or modify any discretion accorded EPA by the CAA or by general principles of administrative law in taking the actions which are the subject of this Consent Decree, including the discretion to alter, amend , or revise any responses or final actions conte mplated by this Consent Decree. EPA’s obligation to perform the actions specified in this Consent Decree by the times specified herein does not constitute a limitation or modification of EPA’s discretion within the meaning of this paragraph.
11. Nothing in th is Consent Decree shall be construed as an admission of any issue of fact or law to waive or limit any claim, remedy, or defense, on any grounds, related to any final action EPA may take with respect to the actions addressed in this Consent Decree.
12. Nothing in this Consent Decree shall be construed to: (a) confer upon this Court jurisdiction to review any issues that are within the exclusive jurisdiction of the United States Courts of Appeals pursuant to CAA sections 307(b)(1), 42 U.S.C. §§ 7607(b)(1) , incl uding final action taken 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 ) waive any claims, remedies, or defenses the Parties may have under CAA secti on 307(b)(1), 42 U.S.C. § 7607(b)(1).
13. The deadline for filing a motion for costs of litigation, including reasonable attorney’s fees, incurred prior to entry of this Consent Decree is hereby extended until sixty (60) days after the entry of this Consent De cree by this Court. During this time, the Parties shall seek to resolve informally any claim for costs of litigation, including reasonable attorney’s fees, and if they cannot, will submit that issue to the Court for resolution. The United States does not waive or limit any defenses it may have to such claim. The Court shall retain jurisdiction to resolve Case 1:12-cv-00013-RWR Document 9-1 Filed 06/28/12 Page 6 of 106 any requests for costs of litigation, including reasonable attorney’s fees.
14. The Parties recognize and acknowledge that the obligations imposed upon EPA under this Consent Decree can only be undertaken using appropriated funds legally available for such purpose. No provision of this Consent Decree shall be interpreted as or constitute a commitment or requirement that the United States obligate or pay fund s in contravention of the Anti

- Deficiency Act, 31 U.S.C. § 1341, or any other applicable provision of law.
15. Any notices required or provided for by this Consent Decree shall be made in writing, via facsimile or other means, and sent to the following: For Plaintiff Sierra Club : ROBERT UKEILEY Law Office of Robert Ukeiley 435R Chestnut Street, Suite 1 Berea, KY 40403 Phone : (859) 986

- 5402 Fax: (866) 618

- 1017 rukeiley@igc.org For Defendant EPA : CHRISTINA L. RICHMOND Trial Attorney U.S. Department of Justice Environment & Natural Resources Division Environmental Defense Section P.O. Box 23986 Washington, D.C. 20026

- 3986 Phone : (202) 514

- 3376 Fax: (202) 514

- 8865 christina.richmond2 @usdoj.gov
STEPHANIE L. HOGAN Office of the General Counsel U.S. Envi ronmental Protection Agency Ariel Rios Bldg., MC 2344A 1200 Pennsylvania Ave., N.W. Washington, D.C. 20460 Phone: (202) 564

- 3 244 Case 1:12-cv-00013-RWR Document 9-1 Filed 06/28/12 Page 7 of 107 Fax: (202) 564

- 5603 hogan.stephanie @epa.gov
16. In the event of a dispute between the Parties concerning the interpretation or
i mplementation of any aspect of this Consent Decree, the disputing party shall provide the other party with a written notice outlining the nature of the dispute and requesting informal negotiations. If the Parties cannot reach an agreed

- upon resolution wit hin ten (10) business days after receipt of the notice, either party may move the Court to resolve the dispute.
17. No motion or other proceeding seeking to enforce this Consent Decree or for contempt of Court shall be properly filed unless Sierra Club has fol lowed the pro cedure set forth in Paragraph 1 6 , and provided EPA with written notice received at least ten ( 10 ) business days before the filing of such motion or proceeding.
18. The Court shall retain jurisdiction to determine and effectuate compliance with this Consent Decree. When EPA’s obligations under Paragraphs 2 through 4 have been completed, any relevant notices have been published in the Federal Register, and any claim f or costs of litigation, including reasonable attorney’s fees, has been resolved pursuant to the process described in Paragraph 1 3 , the above

- captioned matter shall be dismissed with prejudice. EPA shall file an appropriate notice with the Court so that th e Clerk may close the file. 19. The Parties agree and acknowledge that before this Consent Decree can be finalized and entered by the Court, EPA must provide notice in the Federal Register and an opportunity for comment pursuant to CAA section 113(g), 42 U.S.C . § 7413(g). EPA will deliver a public notice of this Consent Decree to the Federal Register for review, publication , and public comment within ten (10) business days after lodging this Consent Decree with the Court

. After this Consent Decree has undergo ne an opportunity for notice and comment, the Administrator and the Attorney General, as appropriate, will promptly consider any such written Case 1:12-cv-00013-RWR Document 9-1 Filed 06/28/12 Page 8 of 108 comments in determining whether to withdraw or withhold consent to this Consent Decree, in accordance with section 113(g) of the CAA , 42 U.S.C. § 7413(g) . If the Administrator or the Attorney General elects not to withdraw or withhold consent to this Consent Decree, the Parties will promptly file a motion that requests the Court to enter this Consent Decree

. 20. The unde rsigned representatives of each p arty certify that they are fully authorized by the p arty they represent to bind that p arty to the terms of this Consent Decree. SO ORDERED on this day of 201 2

.

JUDGE RICHARD W. ROBERTS UNITED STATES DISTRICT JUDGE
SO AGREED:
FOR PLAINTIFF Sierra Club ROBERT UKEILEY Law Office of Robert Ukeiley 435R Chestnut Street, Suite 1 Berea, KY 40403 Phone : (859) 986

- 5402 Fax: (866) 618

- 1017 rukeiley@igc.org
DATED:
FOR DEFENDANT EPA IGNACIA S. MORENO Assistant Attorney General Env ironment & Natural Resources Division

CHRISTINA L. RICHMOND Trial Attorney United States Department of Justice Environment & Natural Resources Division Environmental Defense Section P.O. Box 7611 Washington, D.C. 20 044 Phone : (202) 514

- 3376 Fax : (202) 514

- 8865 Case 1:12-cv-00013-RWR Document 9-1 Filed 06/28/12 Page 9 of 109 christina.richmond2@usdoj.gov
DATED: Of Counsel for Defendant:
STEPHANIE L. HOGAN Office of the General Counsel U.S. Environmental Protection Agency Ariel Rios Bldg., MC 2344A 1200 Pennsylvania Ave., N.W. Washington, D.C. 20460 Phone: (202) 564

- 3 244 Fax: (202) 564

- 5603 hogan.stephanie @epa.gov Case 1:12-cv-00013-RWR Document 9-1 Filed 06/28/12 Page 10 of 10