UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

SIERRA CLUB,

Plaintiff,

v.

LISA P. JACKSON, in her Official Capacity

as Administrator of the United States

Environmental Protection Agency,

Defendant. )

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) Civ. No. 1:11

- cv

- 00035

- GK

NOTICE OF LODGING OF CONSENT DECREE

PLEASE TAKE NOTICE that Defendant Lisa P. Jackson, in her official capacity as

Administrator of the Environmental Protection Agency (“EPA” or “Defendant”), hereby submits

fo r lodging only with this C ourt a proposed consent decree in this case. The proposed consent

decree should not be filed or entered by the Court unless the United States subsequently moves

this Court to do so.

1. This case is a Clean Air Act citizen suit in which Plaintiff Sierra Club alleges that

Defendant Lisa P. Jackson, in her official capacity as Administrator of the Environmental

Protection Agency (“EPA” or “Defendant”), has failed to perform duties mandated by Clean Air

Act (“CAA”) section 110(k)(2), 42 U.S.C. § 7410(k)(2); section 110(c)(1)(A), 42 U.S.C. §

7410(c)(1)(A); and section 179(a), 42 U.S.C. § 7509(a).

2. Subject to the provisions of section 113(g) of the CAA, 42 U.S.C. § 7413(g), as

described below, Plaintiff and EPA have resolved the clai ms in this case, and have set forth their

agreement in the proposed consent decree that is being submitted to the Court herewith for

lodging only.

Case 1:11-cv-00035-GK Document 12 Filed 11/30/11 Page 1 of 43. Pursuant to section 113(g) of the Clean Air Act, 42 U.S.C. § 7413(g), before the

consent decree can be f inalized and entered by the Court

, the EPA Administrator must provide “a

reasonable opportunity by notice in the Federal Register to persons who are not named as parties

or intervenors to the action” to comment in writing upon the proposed decree. After a reasonable

public comment period, the EPA Administrator must promptly consider any written comments

received. Id.

4. If none of the comments discloses facts or considerations which indicate that the

consent decree is inappropriate, improper, inadequat e or inconsistent with the requirements of

the Clean Air Act, the Administrator will request the Court to enter the consent decree. Id

.

5. A copy of the proposed consent decree is attached hereto as Exhibit A. The

United States anticipates that the noti ce of the c onsent d ecree will be published in the Federal

Register within the next several days or weeks.

6. The proposed c onsent d ecree addresses Plaintiffs’ allegations by requiring EPA to

take action by certain date s as set forth in the c onsent d ecr ee. Compliance with the proposed

c onsent d ecree will be complete when the actions listed in paragraphs 4 through 6 are performed.

Paragraph 11 provides for the Court to retain jurisdiction to determine and effectuate compliance

with the c onsent d ecree. When EPA’s obligations under th e c onsent d ecree have been

completed, E PA shall file an appropriate notice with the Court and Plaintiffs will have twenty

days to respond to such motion.

Accordingly, the United States respectfully requests that this Court lodge the proposed

consent decree, but not file it. The United States will make an appropriate motion promptly after

evaluating any public comments received during the public comment period.

Respectfully submitted, Case 1:11-cv-00035-GK Document 12 Filed 11/30/11 Page 2 of 4OF COUNSEL :

Jan Tierney

Office of General Counsel

U.S. Environmental Protection Agency

Ariel Rios Building

1200 Pennsylvania Avenue, N.W.

Washington, D.C. 20460 IGNACIA S. MORENO

Assistant Attorney General

Environment and Natural Resources D ivision

s/ Christina Richmond

CHRISTINA RICHMOND

Environmental Defense Section

U.S. Department of Justice

P.O. Box 23986

Washington, D.C. 20026

- 3986

Telephone: (202) 514

- 3376

E

- mail: christina.richmond2@usdoj.gov

S treet address:

601 D Street, NW, Suite 8000

Washington, D.C. 20004

Attorneys for Defendant

Dated November 30 , 2011 Case 1:11-cv-00035-GK Document 12 Filed 11/30/11 Page 3 of 4CERTIFICATE OF SERVICE

I certify that on November 30 , 2011 , a copy of the foregoing was served by the Court’s

ECF

- system upon:

Robert Ukeiley

435 R Chestnut Street

Suite 1

Berea, KY 40403

(859) 986

- 5402

Fax: (866) 618

- 1017

Email: rukeiley@igc.org

/s/ Christina L. Richmond

CHRISTINA L. RICHMOND Case 1:11-cv-00035-GK Document 12 Filed 11/30/11 Page 4 of 4