UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

__________________________________________ ) SIERRA CLUB, ) ) Plaintiff, ) v. ) Civil Action No. 12-cv-1917 ) GINA MCCARTHY, in her official ) Hon. Rosemary Collyer capacity as Administrator ) of the United States Environmental ) Protection Agency, ) ) Defendant. ) _________________________________________ )

STIPULATION EXTENDING CONSENT DECREE DEADLINES WHEREAS, Plaintiff the Sierra Club and De fendant Gina McCarthy, Administrator of the United States Environmental Protection Agency (“EPA”), both of whom shall be referred to herein collectively as the “ Parties,” negotiated a Consent Decree to resolve the substantive claims at issue in the above-captioned case; WHEREAS, the Consent Decree was entered on September 24, 2013 (Docket No. 13); WHEREAS, Paragraph 2 of the Consent D ecree established a deadline of October 15, 2013, for the U.S. Environmental Protection Agency to take final action on a State Implementation Plan submittal for the State of Wyoming regarding the infrastructure SIP requirements of CAA sections 110(a)(2)(A)-(C), (E)-(H) and (J)-(M), 42 U.S.C §§ 7410(a)(2)(A)-(C), (E)-(H) and (J)-(M), with respect to the 1997 fine particulate matter National Ambient Air Quality Standard (“Wyoming SIP”); Case 1:12-cv-01917-RMC Document 16-1 Filed 10/30/13 Page 1 of 32 WHEREAS, at the end of the day on September 30, 2013, the appropriations act that had been funding the Department of Justice and th e Environmental Protection Agency expired and appropriations lapsed until October 17, 2013, two days after the deadline established in the Consent Decree; WHEREAS, due to that lapse in appropriations, the deadline in Paragraph 2 of the Consent Decree was initially extended by a Minute Order dated October 10, 2013, to a date that corresponds to October 31, 2013; WHEREAS, due to the same lapse in appropriations, EPA requires at least two additional weeks to take final action on the Wyoming SIP; and WHEREAS, for the same reason, the Parties require additional time beyond the November 23, 2013, deadline established in Paragraph 11 of the Consent Decree to resolve Sierra Club’s claim for costs of litigation; NOW THEREFORE, in consideration of the promises set forth herein, the Parties agree

as follows: 1. Pursuant to Paragraph 5 of the Consent Decree, the following deadlines for taking final action are hereby modified as follows: a. The deadline in Paragraph 2 of the Consent Decree for taking final action on the Wyoming SIP is further extended until November 15, 2013; and b. The deadline in Paragraph 11 of the Consent Decree for filing a motion for costs of litigation, including reasonable attorney’s fees, is extended until February 28, 2014. 2. The Parties intend for all provisions of the Consent Decree to remain in full force and effect, except as specifically modified or amended by this Stipulation. Case 1:12-cv-01917-RMC Document 16-1 Filed 10/30/13 Page 2 of 33 3. The undersigned representative of each of the Parties certifies that he or she is fully authorized to enter into the terms and conditions of this Stipulation and to legally bind such party to all terms and conditions of this document. 4. This Stipulation may be executed in counterparts, with separate signature pages, and the separately executed documents, taken together, shall constitute and have the force and effect of an executed agreement as if there was only one fully executed signature page.

Dated: October 30, 2013 /s/ Kimberly Sturm (HEG by permission) KIMBERLY A. STURM, ESQ. 260 Peachtree Street, N.W. Suite 1200 Atlanta, GA 30303 Counsel for Plaintiff

Dated: October 30, 2013 /s/ Heather E. Gange HEATHER E. GANGE U.S. Department of Justice Environment & Natural Resources Division Environmental Defense Section P.O. Box 7611 Washington, DC 20044 Tel. 202.514.4206 Fax. 202-514.8865 Counsel for Defendant Case 1:12-cv-01917-RMC Document 16-1 Filed 10/30/13 Page 3 of 3