IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 1:11-cv-0001-CJA-MEH (Consolidated with 11-cv-00743-CMA-MEH) WILDEARTH GUARDIANS, Plaintiffs,

v. LISA JACKSON, in her official capacity as Administrator, United States Environmental Protection Agency,

Defendant.

________________________ _____________________ _________________________ STIPULATION TO EXTEND FOUR DEADLINES IN CONSENT DECREE

________________________ __________________________ ____________________ WHEREAS, Plaintiffs WildEarth Guar dians (“Guardians”), National Parks Conservation Association (“NPCA”), and the Environmental Defense Fund, and Defendant Lisa Jackson, in her official capaci ty as Administrator of the United States Environmental Protection Agency (“EPA”) ente red into a Consent Decree in this case,

which the Court entered on S eptember 27, 2011 (Doc. 67); WHEREAS, Paragraphs 5, 6, 8 and 9 of the Consent Decree require EPA to sign notices of proposed rulemaking or notices of final rulemaking to meet the regional haze implementation plan requirements that were due by December 17, 2007 under EPA’s regional haze regulations fo r the states of North Dako ta, Montana, and Wyoming. Case 1:11-cv-00001-CMA-MEH Document 68 Filed 01/10/12 USDC Colorado Page 1 of 52 WHEREAS, Paragraph 12 of the Consent Decree provides that the deadlines in Paragraphs 4 through 9 of the Consent Decree may be extended for a period of 60 days or less by written stipulat ion executed by counsel for EPA, Guardians and NPCA and

filed with the Court. WHEREAS, EPA, Guardians and NPCA hav e agreed to extend the deadlines set forth in Paragraphs 5, 6, 8, and 9, each for a period of 60 days or less. These parties agree to extend the deadline in Paragraph 5 wit h respect to the issuance of a final regional haze plan for North Dakota from January 26, 2012, to March 2, 2012; the deadline in Paragraph 6 with res pect to the issuance of a proposed regional haze plan for Wyoming from April 15, 2012, to May 15, 2012; the deadline in Paragraph 8 with respect to the issuance of a proposed regi onal haze plan for Montana from January 20, 2012, to March 20, 2012; and the deadline in Pa ragraph 9 with respect to the issuance of a final regional haze plan for Montana from June 29, 2012 to August 15, 2012. NOW THEREFORE, the parties stipulat e and agree to extend the deadlines in Paragraphs 5, 6, 8, and 9 of t he Consent Decree as follows: 5. EPA shall by March 2, 2012, sign a notic e of final rulemaking promulgating a FIP for the State of North Dakota, to m eet the regional haze implementation plan requirements that were due by December 17, 2007 under EPA’s regional haze regulations, unless, by March 2, 2 012, EPA has signed a notice of final rulemaking unconditionally approving a SIP, or promulgating a partial FIP and partial unconditional approval of a SIP, fo r the State of North Dakota that meets the regional haze impl ementation plan requirements th at were due by December 17, 2007 under EPA’s regional haze regulations. Case 1:11-cv-00001-CMA-MEH Document 68 Filed 01/10/12 USDC Colorado Page 2 of 53 6. By May 15, 2012, EPA shall sign a notic e of proposed rulemaking in which it proposes approval of a SIP, promulgation of a FIP, par tial approval of a SIP and promulgation of a partial FIP, or approval of a SIP or pr omulgation of a FIP in the alternative, for the State of Wyoming, to meet the regional haze implementation plan requirements that were due by December 17, 2007 under EPA’s regional haze regulations. 8. By March 20, 2012, EPA shall sign a not ice of proposed rulemaking in which it proposes approval of a SIP, promulgation of a FIP, par tial approval of a SIP and promulgation of a partial FIP, or approval of a SIP or pr omulgation of a FIP in the alternative, for the State of Montana, to meet the r egional haze implementation plan requirements that were due by December 17, 2007 under EPA’s regional haze regulations. 9. EPA shall by August 15, 2012, sign a not ice of final rulemaking promulgating a

FIP for the State of Mont ana, to meet the regional haze implementation plan requirements that were due by December 17, 2007 under EPA’s regional haze regulations, unless, by August 15, 2012, EPA has signed a notice of final rulemaking unconditionally approving a SIP, or promulgating a partial FIP and partial unconditional approval of a SIP, for the State of Mont ana that meets the regional haze implementation plan require ments that were due by December 17, 2007 under EPA’s regional haze regulations. Case 1:11-cv-00001-CMA-MEH Document 68 Filed 01/10/12 USDC Colorado Page 3 of 54 Dated: January 10, 2012.

FOR PLAINTIFF WILDEARTH GUARDIANS s/Ashley D. Wilmes

__________________________ Ashley D. Wilmes WildEarth Guardians 827 Maxwell Ave., Suite L Boulder, CO 80304 (859) 312-4162 awilmes@wildearthguardians.org

FOR PLAINTIFF NATIONAL PARKS CONSERVATION ASSOCIATION:

s/ Reed Zars

________________________ Reed Zars Attorney at Law 910 Kearney Street Laramie, WY 82070 307-745-7979 rzars@lariat.org

FOR DEFENDANT LISA JACKSON:

IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division By: s/Alan D. Greenberg

______________________ ALAN D. GREENBERG Environmental Defense Section Environment and Natural Resources Division U.S. Department of Justice 999 18th Street South Terrace, Suite 370 Denver, CO 80202 (303) 844-1366 alan.greenberg@usdoj.gov Case 1:11-cv-00001-CMA-MEH Document 68 Filed 01/10/12 USDC Colorado Page 4 of 55 CERTIFICATE OF SERVICE I hereby certify that on this 10th day of January 2012, I elec tronically filed the foregoing Stipulation to Extend Four Deadlines in Consent Decree wit h the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: Ashley Wilmes awilmes@wildearthguardians.org Jay Tutchton jtutchton@wildearthguardinas.org Pam Campos pcampos@edf.org

Reed Zars rzars@lariat.org Paul M. Seby paul.seby@moyewhite.com

s/ Alan D. Greenberg

___________________ Case 1:11-cv-00001-CMA-MEH Document 68 Filed 01/10/12 USDC Colorado Page 5 of 5