### 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 12reconsideration. 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 of121. 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 1211. 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 1215. 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 1215. 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 ofthe Attorney General The Capitol Albany, New York 12224

Counseljor State of New York DATE: h-/g I) 0 

# ki- ~ L 'KENNETH P. ALEX 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 12DATE: KIMBERLY P. MASSICOITE 

### MATIEW I. LEVIN SCOTI KOSCHWITZ Assistat Attorneys General Offce ofthe 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 ofDelaware
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 oBIDATE:

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 MexicoDATE: 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 ofOregon
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 iiDATE: 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 12DATE: 

### 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 13DATE: 

### 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 12DATE:



# 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 ofthe 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 ofNew 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