1 / The parties have also agreed that it would be appropriate to extend some of the other deadlines in the Consent Decree by more than 60 days and will be submitting a joint motion to modify the Consent Decree to extend those deadlines. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

WILDEARTH GUARDIANS, ) ) Plaintiff ) ) ) v. ) NO. 4:09-CV-02453-CW ) ) LISA JACKSON, in her official capacity as ) Administrator of the Environmental ) Protection Agency ) ) Defendant )

NOTICE OF STIPULATED EXTENSIONS TO CONSENT DECREE DEADLINES Paragraph 9 of the Consent Decree entered in this case (Docket Entry 26) provides that the deadlines in the Consent Decree may by extended by up to 60 days by written stipulation of the parties to the Consent Decree filed with the Court. No action by the Court is required for such an extension. The parties have agreed to extend some of the deadlines in paragraph 6 of the Consent

Decree. 1 / Accordingly, pursuant to paragraph 9 of the Consent Decree, defendant Lisa Jackson,

Case4:09-cv-02453-CW Document33 Filed04/28/11 Page1 of 32 in her official capacity as EPA Administrato r, and plaintiff Wild Earth Guardians hereby stipulate that: (1) the date by which EPA must either appr ove a SIP or promulgate a FIP for Oregon to meet the requirements of 42 U.S.C. § 7410(a)(2)(D)(i)(I) regarding contributing significantly to nonattainment in other states and interfering with maintenance of attainment in other states for the 1997 NAAQS for 8-hour ozone and PM2.5 and is extended to May 31, 2011; (2) the date by which EPA must either approve a SIP or promulgate a FIP for Colorado to meet the requirements of 42 U.S.C. § 7410(a)(2)(D)(i)(I) regarding contributing significantly to nonattainment in other states and interfering with maintenance of attainment in other states for the 1997 NAAQS for PM2.5 is extended to May 31, 2011; (3) the date by which EPA must either approve a SIP or promulgate a FIP for Colorado to meet the requirements of 42 U.S.C. § 7410(a)(2)(D)(i)(II) regarding interfering with measures in other states related to prevention of significant deterioration of air quality is extended to May 31, 2011; (4) the date by which EPA must either approve a SIP or promulgate a FIP for California to meet the requirements of 42 U.S.C. § 7410(a )(2)(D)(i)(II) regarding interfering with measures in other states related to prevention of significant deterioration of air quality is extended to July 10, 2011; (5) the date by which EPA must approve a SI P, promulgate a FIP, or approve a SIP in part with promulgation of a partial FIP for Ne w Mexico to meet the requirement of 42 U.S.C. § 7410(a)(2)(D)(i)(II) regarding interfering with measures in other states related to protection of visibility is extended to August 5, 2011.

Case4:09-cv-02453-CW Document33 Filed04/28/11 Page2 of 33 Respectfully Submitted, April 28, 2011 IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division /S/ Norman L. Rave, Jr. Norman L. Rave. Jr., Trial Attorney Environmental Defense Section U.S. Department of Justice P.O. Box 23986 Washington, DC 20026-3986 Telephone : (202) 616-7568 Fax: (202) 514-8865 Email: norman.rave@usdoj.gov Counsel for Defendant /S/ James J. Tutchton James J. Tutchton (CA Bar No. 150908) WildEarth Guardians 1536 Wynkoop St., Suite 301 Denver, CO 80202 Telephone: (303) 573-4898 Email: jtutchton@wi1dearthguardians.org Of Counsel: Robert Ukeiley Law Office of Robert Ukeiley 435R Chestnut Street, Suite 1 Berea, KY 40403 Tel: (859) 986-5402 Fax: (859) 618-1017 E-mail: rukeiley@igc.org Counsel for Plaintiff Case4:09-cv-02453-CW Document33 Filed04/28/11 Page3 of 3