SETTLEMENT AGREEMENT

This Settlement Agreement is made by and between the following groups of Petitioners:

(1) the States of New York, Californa, Connecticut, Delaware, Maine, New Hampshire, New

Mexico, Oregon, Rhode Island, Vermont, and Washington, the Commonwealth of

Massachusetts, the District of Columbia, and the City of New York (collectively "State

Petitioners"); (2) Natual Resources Defense Council (NRDC), Sierra Club, and Environmental

Integrity Project (EIP) (collectively "Environmental Petitioners"); and (3) Respondent, the u.S.

Environmental Protection Agency ("EP A") (collectively "the Paries").

WHREAS, the State and Environmental Petitioners fied petitions for judicial review of

the final action under the Clean Air Act ("CAA") Section 111,42 U.S.C. § 7411, entitled,

"Stadards of Performance for Petroleum Refineries, Final Rule," published at 73 Fed. Reg.

.35,838 (June 24,2008) ("Final Rule"). These petitions for review curently are pending before

the u.S. Cour of Appeals for the Distrct of Columbia Circuit in consolidated cases under the

lead case American Petroleum Institute, et al. v. EPA, No. 08-1277;

WHREAS, the Final Rule includes amendments to the curent standards of performance

. (40 CFR par 60, subpar J) and separate stadards of performance for new process unts (40

CFR par 60, subpar Ja) at petroleum refineries;

WHREAS, in connection with ths Final Rule, EP A declined to establish standards of

performance for greenhouse gas emissions ("GHGs");

WHREAS, the Environmenta Petitioners also filed a petition for admnistrative

reqonsideration pursuat to CAA section 307(d)(7)(B), 42 U.S.C. § 7607(d)(7)(B), and EP A

granted reconsideration with respect to some of the issues raised in that petition for

Page 1 of 12
reconsideration. See "Stadards of Performance for Petroleum Refineries," 73 Fed. Reg. 55,751

(Sept. 26, 2008).

WHEREAS, on December 22, 2008, EP A published a proposed rule concernng issues

that were raised in the Environmental Petitioners' adminstrative petition for reconsideration.

See "Stadards of Performance for Petroleum Refineries; Stadards of Performance for

Petroleum Refineries for Whch Constrction, Reconstrction, or Modification Commenced afer

May 14,2007," 73 Fed. Reg. 78,522 (Dec. 22,2008) ("Proposed Rule"). EPA has accepted

public comment on the Proposed Rule;

WHEREAS, staing on December 15, 2008, the Cour has held the consolidated cases in

abeyance pending fuher order;

WHEREAS, on December 29, 2009, EP A granted reconsideration of all remaining issues

that were raised in the petitions for administrative reconsideration, including the failure to

regulate GHGs. See Letter from Gina McCarhy, Assistat Administrator, Office of Air and

Radiation, u.S. EPA to petitioners' counsel (Dec. 29, 2009);

WHEREAS, refineries are estimated to be the second largest direct stationar source

category of GHGs in the United States, according to a recent EP A analysis (based on data in

Table 5-1, Regulatory Impact Analysis for the Mandatory Reporting of Greenhouse Gas

Emissions, Final Report, September 2009.);

WHEREAS, EPA's initial evaluation of available GHG control strategies indicates that

there are cost-effective control strategies for reducing GHGs from refineries;

WHREAS, based on curent knowledge, EP A believes that it is appropriate for it to set .

stadards of performance for GHGs from refineries;

Page 2 of 12
WHEREAS, EP A believes it will be more effective to address GHGs and various other

. pollutants from refineries in a comprehensive maner rather than just addressing such pollutants

from those affected facilities that are subject to regulation under NSPS subpars J and Ja;

WHEREAS, EP A believes that if it sets standards of performance for GHGs, it is also

appropriate for it to concurently issue emissions guidelines for GHGs from existing affected

facilities at refineries pursuant to CAA section 111(d), 42 U.S.C. § 7411(d), and 40 C.F.R. §

60.22;

WHEREAS, this comprehensive approach of simultaneously addressing all affected

facilties at refineries will require more time than would be required were EP A only addressing

. the pending issues on reconsideration;

WHREAS, the State and Environmental Petitioners desire that EP A complete its

reconsideration of GHG stadards of performance for refineries as expeditiously as possible, but

agree that allowing additional time for EP A to complete a ruemakng that follows the

comprehensive approach'discussed above is waranted in light of the potentially greater

emissions reductions possible through such an approach, when compared to a rulemakng

addressing only the remaining issues on reconsideration for NSPS subpars J and Ja;

WHREAS, the Paries wish to implement this Settlement Agreement resolving the State

and Environmental Petitioners' challenges to the Final Rule and the issues raised in the

Environmental Petitioners' adminstrative petition for reconsideration and thereby avoid

.protracted litigation, and to preservejudicial resources, without any admission or adjudications

of fact or law;

NOW THEREFORE, the Paries, intending to be bound by this Settlement Agreement,

hereby stipulate and agree as follows:

. Page 3 of12
1. Within three business days after this Settlement Agreement is executed by the

Paries, but before finalization pursuant to Paragraph 14 of this Settlement Agreement, the

Paries shall file a joint motion with the Cour notifying it of this Settlement Agreement and

requesting that the State and Environmental Petitioners' petitions for review be held in abeyance

pending completion of the process under CAA section 113(g) as set forth in Paragraph 14 and

the actions described in Paragraphs 2 and 3 below.

2. EP A agrees that it will sign by December 10, 2011, and transmit to the Offce of

the Federal Register within five business days, a proposed rue that includes, at a minimum, the

following: (A) stadards of performance for GHGs pursuant to 42 U.S.C. § 7411(b) for affected

facilities at refineries that are subject to the following NSPS: (1) subpars J and Ja, (2) subpar

Db, (3) subpar Dc, (4) subpar GGG, and (5) subpar QQQ, and emissions guidelines for GHGs

pursuant to 42 U.S.c. § 7411(d) and 40 C.F.R. § 60.22 from existing afected facilities at

refineries in the source categories covered by those NSPS subpars; (B) a review of the emission

standards set forth in 40 C.F.R. Par 63, subpar UU, pursuant to CAA sections 112(d)(6) and

(1)(2),42 U.S.C. §§ 7412(d)(6) and (1)(2); and (C) a proposed resolution of all other issues raised

in Environmental Petitioners' August 25,2008 petition for administrative reconsideration. EPA .

shall provide the State and Environmental Petitioners a copy of the proposed rule withi five

business days of signatue.

3. After considering any public comments received concernng the proposed rule

addressed in Paragraph 2, EPA will sign by November 10, 2012, and transmit to the Office of the

Feperal Register within five business days, a final rule that includes final determinations with

regard to each of the elements, including all proposed standards and guidelines, listed in

Page 4 of 12
Paragraph 2. EP A shall provide the State and Environmental Petitioners with a copy of this final

rule within five business days of signatue.

4. IfEPA signs a final rule by November 10,2012, as described in Paragraph 3

above, the State and Environmental Petitioners and EP A shall, no later than five business days

afer the date on which that final rule taes effect, file an appropriate pleading seeking the

dismissal of Petitions for Review Nos. 08-1279 and 08-1281, with prejudice, in accordance with

Rule 42(b) of the Federal Rules of Appellate Procedure. The State and Environmental

Petitioners reserve their right to seek attorneys' fees and costs relating to this litigation, and EP A

. reserves any defenses it may have relating to such claims.

5. The State and Environmental Petitioners agree that performance of the obligations

described in Paragraphs 2 and 3 shall constitute full and complete settlement of all claims they

have or could have asserted under any provision of law in connection with this case, excluding

. any claims for attorneys' fees or other litigation costs as a result of this case.

6. EP A agrees that it will make staff available by telephone on at least a monthly

basis to update the State and Environmental Petitioners on EP A's progress in completing the

actions described in Paragraphs 2 and 3 and will recommend to the Cour that EP A be ordered to

. file wrtten status reports with the Cour every 90 days staing from the date these cases are

stayed under Paragraph 1, to inform the Cour of EP A's progress in completing the actions

described in Paragraphs 2 and 3. Such wrtten status reports shall include an affirmative

statement of whether EP A believes it will timely complete all actions described in Paragraphs 2

anp 3. If the Cour does not require written status reports every 90 days, EP A shall provide

wrtten status reports that otherwse meet the requirements of this paragraph directly to the State

Page 5 of 12
and Environmenta Petitioners every 90 days staing from the date these cases are stayed under

Paragraph 1.

7. If EP A does not sign a proposed rule by December 10, 2011, as described above

in Paragraph 2, or a final rule by November 10,2012, as described above in Paragraph 3, or does

not transmit those documents to the Federal Register within the time allotted in Paragraphs 2 and

3, or if the written status reports described in Paragraph 6 do not state that EPA will timely

complete all actions described in Paragraphs 2 or 3, or if the Administrator and/or the Attorney

General determines to withdraw or withhold his/her consent to this Settlement Agreement as

described in Paragraph 14, then the State and Environmenta Petitioners' sole remedy with

respect to the Final Rule at issue in these consolidated cases shall be the right to ask the Cour to

lift the stay of proceedings and establish a schedule for briefing and oral argument of the pending

petitions for judicial review.

8. This Settlement Agreement constitutes the sole and entire understading of EP A

and the State and Environmental Petitioners and no statement, promise or inducement made by

any Par to this Settlement Agreement, or any agent of such Paries, that is not set fort in this

Settlement Agreement shall be valid or binding.

9. Except as expressly provided in this Settlement Agreement, none of the Paries

waives or relinquishes any legal rights, claims or defenses it may have. In the event of fuher

litigation, the dates stated in Paragraphs 2 and 3 shall be construed to represent only the paries'

attempt to compromise clais in litigation, and not to represent agreement that any paricular

scnedule for fuher agency action is reasonable or otherwse required by law.

10. The provisions of this Settlement Agreement can be modified at any time by

written mutual consent of the Paries.

Page 6 of 12
11. Except as expressly provided herein, nothing in the terms of this Settlement

Agreement shall be construed to limit or modify the discretion accorded EP A by the CAA or by

general principles of administrative law.

12. The commitments by EP A in ths Settlement Agreement are subject to the

availability of appropriated fuds. No provision of this Settlement Agreement shall be

interpreted as or constitute a commitment or requirement that EP A obligate, expend or pay fuds

in contravention of the Anti-Deficiency Act, 31 U.S.C. 1341, or any other applicable

appropriations law or regulation, or otherwse take any action in contravention of those laws or

regulations.

13. Nothing in the terms ofthis Settlement Agreement shall be constred to limit

EPA's authority to alter, amend or revise any final rue EPA may issue pursuant to Paragraph 3,

or to promulgate superseding regulations.

14. The Paries agree and acknowledge that before this Settlement Agreement is final,

. EP A must provide notice in the Federal Register and an opportty for public comment

pursuat to CAA Section 113(g), 42 U.S.C. 7413(g). After this Settlement Agreement has

undergone an opportty for notice and comment, the Administrator and/or the Attorney

General, as appropriate, shall promptly consider any such wrtten comments in determining

. whether to withdraw or withhold her/hs consent to the Settlement Agreement, in accordance

with section 113(g) of the CAA. Within 30 days of the close of the public comment period, EPA

. shall provide written notice to State and Environmental Petitioners of any decision to withdraw

OJ; ,withhold consent or shall provide written notice of finality. This Settlement Agreement shall

become final on the date that EP A provides wrtten notice of such finality to the State and

Environmental Petitioners.

Page 7 of 12
15. The undersigned representatives of each Pary certify that they are fully

authorized by the Par that they represent to bind that respective Par to the terms of this

Settlement Agreement. This Settlement Agreement wil be deemed to be executed when it has

been signed by the representatives of the Paries set forth below, subject to final approvals

pursuant to Paragraph 14.

DATE: iz /c./ /1 D I I ~t.JdZ~ I~- AVIDG TER /

U.S. Deparment of Justice

Environment and Natual Resources Division

Environmental Defense Section

P.o. Box 23986

Washington, D.C. 20026-3986

(202) 514-3785

David.Gunter2~usdoj .gov

Counsel for EP A

DATE:

MICHAL J. MYERS

Assistat Attorney General

Offce of the Attorney General

The Capitol

Albany, New York 12224

Counsellor State olNew York

DATE:

KENNETH PAUL ALEX

Offce of the Attorney General, State of Californa

1515 Clay Street, 20th Floor

P.O. Box 70550

Oakand, CA 94612

Counsel lor State 01 California

Page 8 of 12
15. The undersigned representatives of each Pary certify that they are fully

authorized by the Party that they represent to bind that respective Party to the terms of this

Settlement Agreement. This Settlement Agreement will be deemed to be executed when it has

been signed by the representatives of the Parties set forth below, subject to final approvals

pursuant to Paragraph 14.

DATE:

DAVID GUNTER

U.S. Department of Justice

Environment and Natural Resources Division

Environmental Defense Section

P.O. Box 23986

Washington, D.C. 20026-3986

(202) 514-3785

David. Gunter20)usdoj .gov

Counsel for EP A

DATE:~

MICHAEL J.

MORGAN A. OSTELLO

Assistant Attomeys General

Environmental Protection Bureau

Office of the Attorney General

The Capitol

Albany, New York 12224

Counsel for State of New York

DATE:

KENNETH P. ALEX

SUSAN DURIN

Offce of the Attorney General, State of California

1515 Clay Street, 20th Floor

P.O. Box 70550

Oakland, CA 94612

Counsel for State of California

Page 8 of 12
15. The undersigned representatives of each Par certfy tht they are fuly

authorized by the Par that they represent to bind that respective Par to the tenns of this

Settlement Agreement. This Settlement Agreement will be deemed to be executed when it has

been signed by the representatives of the Paries set fort below, subject to final approvals

puruant to Paragraph 14.

DATE:

DAVID GUNTER

U.S. Deparent of Justice

Environment and Natual Resources Division

Environmental Defense Section

P.O. Box 23986

Washington, D.C. 20026-3986

(202) 514-3785

David.Gunter2(§usdoj .gov

Counel for EP A

DATE:

MICHAL J. MYERS

MORGAN A. COSTELLO

Assistat Attorneys General

Environmenta Protection Bureau

Offce of the Attorney General

The Capitol

Albany, New York 12224

Counseljor State of New York

DATE: h-/g I) 0

'KENNETH P. ALEX

ki- ~ L

SUSAN DURBIN

Offce of the Attorney General, State of California

1515 Clay Street, 20th Floor

P.O. Box 70550

Oakland, CA 94612

Counsel for State of California

Page 8 of 11
~~

MA TTHEW I. LEVINE

SCOTT KOSCHWITZ

Assistant Attorneys General

Offee of the Attorney General

P.O, Box 120,55 Elm Street

Hartford, Connecticut 06141-0120

DATE:

Coiinsel for State of Connecticiil

DATE:

V ALEIUE M. SA TTERFJELD

Deputy Attorney General

Department of Justice

102 W, Water Street

Dovei', DE i 9904

Counsel for Stare of Delaware

DATE:

GERALD D. REID

Assistant Attorney General

Department of the Attorney General

State I-louse Station #6

Augusta, Maine 04333-0006

Counsel for SICle of Maine

DATE:

SETH COllEN

STEPHEN R. FARRIS

JUDITH ANN MOORE

Assistant Attorneys General

P.O. Drawer 1508

Santa Fe, New Mcxico 87504-1508

Counsel for State of New Mexico

Page 9 of 12
DATE:

KIMBERLY P. MASSICOITE

MATIEW I. LEVIN

SCOTI KOSCHWITZ

Assistat Attorneys General

Offce of the Attorney General

P.O. Box 120,55 Elm Street

Harord, Connecticut 06141-0120

Counsel for State of Connecticut

DATd~ ,.,( :iLQ

V ERIE . SATTERFIELD

Depu ttorney General

Deparent of Justice

102 W. Water Street

Dover, DE 19904

Counsel for State of Delaware

DATE:

GERAD D. REID

Assistat Attorney General

Deparment of the Attorney General .

State House Station #6

Augusta Maine 04333-0006

Counsel for State of Maine

DATE:

SETH COHEN

STEPHEN R. FARRS

JUITH AN MOORE

Assistant Attorneys General

P.O. Drawer 1508

Santa Fe, New Mexico 87504-1508

Counsel for State of New Mexico

Page 9 oBI
DATE:

DATE:

KIMBERL Y P. MASSICOTTE

MATTHEW 1. LEVINE

SCOTT KOSCHWITZ

Assistant Attorneys General

Office of the Attorney General

P.O. Box 120,55 Elm Street

Harford, Connecticut 06141-0120

Counsel for State of Connecticut

VALERIE M. SATTERFIELD

Deputy Attorney General

Deparment of Justice

102 W. Water Street

Dover, DE 19904

Counsel for State of Delaware

GERÁLD D. REID

~~

Assistant Attorney General

Deparment of the Attorney General

State House Station #6

Augusta, Maine 04333-0006

DATE: l "¡l ,.1, 0

DATE:

Page 9 of 12

Counsel for State of Maine

SETH COHEN

STEPHEN R. FARRS

JUDITH ANN MOORE

Assistant Attorneys General

P.O. Drawer 1508

Santa Fe, New Mexico 87504-1508

Counsel/or State o/New Mexico
DATE:

KIMBERLY P. MASSICOTTE

MATTHEW 1. LEVINE

SCOTT KOSCHWITZ

Assistant Attorneys General

Office of the Attorney General

P,O. Box 120,55 Elm Street

Harford, Connecticut 06141-0120

Counsel for State of Connecticut

DATE:

VALERIE M. SATTERFIELD

Deputy Attorney General

Department of Justice

102 W. Water Street

Dover, DE 19904

Counsel for State of Delaware

DATE:

GERALD D. REID

Assistant Attorney General

Deparent of the Attorney General

State House Station #6

Augusta, Maine 04333-0006

DATE: Iz/~/iOID ,

COHEN

STEPHEN R. FARRIS

JUDITH ANN MOORE

Assistant Attorneys General

P.O. Drawer 1508

Santa Fe, New Mexico 87504-1508

COlmselfor State atNew Mexico

Page 9 of 12
DATE:_/ 2/ It) Ie) )c: .£:'7.' ~,=-~ //

K. ALLEN BROOKS

Senior Assistant Attorney General

Offce of the Attorney General

33 Capitol Street

Concord, NH 03301-6397

Counsel for State of New Hampshire

DATE:____

PAUL S. LOGAN

Assistant Attorney General

1 162 Court Street, N .E.

Salem, Oregon 97301

Counsel for State of Oregon

DATE:

GREGORY S. SCHULTZ

Special Assistant Attorney General

Deparment of the Attorney General

150 South Main Street

Providence, Rhode Island 02903

Counsel for State of Rhode Island

úATE:

THEA SCHWARTZ

Assistant Attorney General

Environmental Division

Offce of the Attorney General

109 State Street

Montpelier, VT 05609- 1001

Counseljòr State of Vermont

Page 10 of ii
DATE:

K. ALLEN BROOKS

Assistant Attorney General

Offce of the Attorney General

33 Capitol Street

Concord, NH 03301-6397

DATE: IZjìif/ZtIC i '

Counselfor State of New Hampshire

p~Assistant Attorney General

Deparent of Justice

1162 Cour Street, N.E.

Salem, Oregon 97301

Counsel for State of Oregon

DATE:

GREGORY S. SCHULTZ

Special Assistant Attorney General

Department of the Attorney General

150 South Main Street

Providence, Rhode Island 02903

Counsel for State of Rhode Island

DATE:

THEA J. SCHWARTZ

Assistant Attorney General

Environmental Division

Offce of the Attorney General

109 State Street

Montpelier, VT 05609-1001

Counsel for State of Vermont

Page 10 of 12
DATE:

K. ALLEN BROOKS

Assistant Attorney General

Office of the Attorney General

33 Capitol Street

Concord, NH 03301-6397

Counselfor State of New Hampshire

DATE:

PAUL S. LOGAN

Assistant Attorney General

Deparment of Justice

1162 Cour Street, N.E.

Salem, Oregon 97301

Counsel for State of Oregon

DATE:~r~t~lD

Counsel for State of Rhode Island

DATE:

THEA J. SCHWARTZ

Assistat Attorney General

Environmental Division

Office of the Attorney General

109 State Street

Montpelier, VT 05609-1001

Counsel for State of Vermont

Page 10 of 13
DATE:

K. ALLEN BROOKS

Assistant Attorney General

Office of the Attorney General

33 Capitol Street

Concord, NH 03301-6397

Counsel for State of New Hampshire

DATE:

PAUL S. LOGAN

Assistant Attorney General

Dcpartment of Justice

1162 Court Street, N.E.

Salem, Oregon 9730l

Counselfor State of Oregon

DATE:

GREGORY S. SCHULTZ

Special Assistant Attorney General

Department.ofthe Attorney General

l50 South Main Street

Providence, Rhode lsland 02903

Counsellor State of Rhode Island

DATE;J 1- ~~ ~k. LTHi~A J. SCHWARTZ -,;

Assistant Attorney Gencral

Environmental Division

Offce of the Attorney General

i 09 State Street

Montpelier, VT 05609- 100 1

Counselfor Slate al Vermont

Page 10 of 12
DATE: /;2 - /0 ~/o

Counsel for State of Washington

DATE:

DONNA M. MURASKY

Deputy Solicitor General

Offce of the D.C. Attorney General

441 Fourh Street, N.W.

Washington, D.C. 20001

Counsel for District of Columbia

DATE:

WILLIAM L. PAREE

CAROL IANCU

Assistant Attorneys General

Environmental Protection Division

One Ashburon Place

Boston, Massachusetts 02108

Counsel for Commonwealth of Massachusetts

DATE:

CHRSTOPHER G. KING

CARE NOTEBOOM

New York City Law Deparment

100 Church Street

New York, NY 10007

Counsel for City of New York

Page 11 of 12
DATE:

DATE~ ./

DATE:

.,.- /~ ~c:/(/ /

DATE:

Page 11 ofi2

LESLIE R. SEFFERN

Assistat Attorney General

Offce of the Attorney General

P.O. Box 40117

Olympia, Washigton 98504

Counselfor State of Washington ~(¡~ ONNA M. MURS ~ ~

Deputy Solicitor General

Offce of the D.C. Attorney General

441 Four Street, N.W.

Washigton, D.C. 20001

Counsel for District of Columbia

WILLIAM L. PAREE

CAROL IANCU

Assistat Attorneys General

Enviromnental Protection Division

One Ashburon Place

Boston, Massachusett 02108 .

Counsel for Commonwealth of Massachusetts

CHRSTOPHER G. KIG

CARE NOTEBOOM

New York City Law Deparent

100 Church Street

New York, NY 10007

Counsel for City of New York
DArE:

LESLIE R. SEFFERN

AssistantAtiorney General

Ofce of th Attorney General

P.O. Box 40111 .

Olympia, WashingtQn 9~~04

ÇQi.m~t!1 lQr $,tqtn- 9fWq~hingttm

DATE: .

DONNA M. MUKY

Depty Solicitor General

. Offce oftle D.C. Attorney Generai

441 Bourh Street, N. W.

WashíßToii f).ë. 2ÖÖÖL . .

Counselfor District ofColumbíå

DATE: ya.. g., .~()\ Ð . 1;. )~QQ~'~.L 9L-SL

WlLlA L. PAREE

CAROL JACU

A~~l~!l!lt A!t9.mçy~ G~mm~l

Enviröiuental FrotaotÍ(;n Division

One Ashburton Place .

Boston, Massachusets 02108

Counsel for Commonwealth of Massachusetts

DAlE:

CHSTOPHER a. KIG

CARRIE NOTEBOOM .

New York City Lí\w Departneiit

100 Churc.h Str~~t

New Y ötk. NY 10007

Cöüñäël fll City öf NëW Yörk.

Page 11 of.12 .
DATE:

DATE:

DATE:

DATE: I'd '10 . / ()

Page 11 of 12

LESLIE R. SEFFERN

Assistant Attorney General

Offce of the Attorney General

P.O. Box 40117

Olympia, Washington 98504

Counsel for State of Washington

DONNA M. MURASKY

Deputy Solicitor General

Office of the D.C. Attorney General

441 Fourth Street, N.W.

Washington, D.C. 20001

Counsel for District of Columbia

WILLIAM L. PARDEE

CAROL IANCU

Assistant Attorneys General

Environmental Protection Division

One Ashburton Place

Boston, Massachusetts 02108

Commonwealth of Massachusetts

l

CHRISTOPHER G. KIG

CARRE NOTEBOOM

New York City Law Department

100 Church Street

New York, NY 10007

Counsel for City of New York
~~

DATE: 12/16/2010

DAVID D. DONIGER

Natual Resources Defense Council

1200 New York Avenue NW, Suite 400

Washington, DC 20005

Counsel lor Natural Resources Delense Council

~5~~

DATE: 12/16/2010

JOANE SPALDING

Sierra Club

85 Second Street

San Francisco, CA 94105

Counsel lor Sierra Club

-- ~ ßj)-

TIMOTHY D. BALLO

Earjustice

1625 Massachusetts Ave., N.W., Suite 702

Washington, D.C. 20036-2212

DATE: 12/16/2010

Counsel lor Environmental Integrity Project

Page 12 of 12