IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SIERRA CLUB, ) Plaintiff, ) CIVIL ACTION NO. ) 11-2180-RBW v. ) ) LISA JACKSON, in her official capacity as ) Administrator, United States Environmental ) Protection Agency, ) ) Defendant. ) ________________________________________________) CONSENT DECREE This Consent Decree is entered into by Plaintiff Sierra Club, and by Defendant Lisa Jackson, in her official capacity as Administra tor of the United States Environmental Protection Agency (“EPA” or “t he Administrator”). WHEREAS, Sierra Club filed this action pursu ant to section 304(a )(2) of the Clean Air Act (“CAA”), 42 U.S.C. § 7604(a)(2), which auth orizes suits against EPA alleging that the Agency has failed to perform a nondiscr etionary duty required by the CAA; WHEREAS, Sierra Club allege s that EPA has failed to perform a nondiscretionary duty to take action on the state implementation plan (“SIP”) submissions identified in Attachment A by the statutory deadline established by C AA section 110(k)(2), 42 U.S.C. § 7410(k)(2); WHEREAS, Sierra Club and EPA (collectivel y, the “Parties”) wish to effectuate a settlement of the above-captioned case without e xpensive and protracted litigation, and without a litigated resolution of an y issue of law or fact; Case 1:11-cv-02180-RBW Document 17-2 Filed 07/23/12 Page 1 of 92 WHEREAS, the Parties consider this Consen t Decree to be an adequate and equitable resolution of the claims in the above-captioned case and consent to entry of this Consent Decree; and WHEREAS, the Court, by entering this Consen t Decree, finds that th is Consent Decree is fair, reasonable, in the public interest, a nd consistent with the CAA, 42 U.S.C. §§ 7401 et seq

. NOW THEREFORE, before the taking of te stimony, without trial or determination of any issue of fact or law, and upon the consen t of the Parties, it is hereby ORDERED and ADJUDGED that: 1. This Court has subject matter jurisdiction over the claims set forth in the Third Amended Complaint and to order th e relief contained in this D ecree. Venue is proper in the United States District Court fo r the District of Columbia. 2. EPA shall sign one or more notices of final rulemaking to approve or disapprove, in whole or in part, pursuant to CAA section 110( k) (3) and (4), 42 U.S.C. § 7410(k)(3) and (4), each SIP submission (or portion thereof on which EP A has not yet taken fina l action) identified in Attachment A by the applicable deadline; provid ed that nothing in this decree shall require EPA to act on any submission or portion thereo f that is withdrawn pr ior to the applicable deadline. 3. Within 15 business days following issuance or signature of such notice(s) as set out in paragraph 2 above, EPA shall send notice of such action to the Office of the Federal Register for review and publication. 4. Any provision of this Decree may be modi fied by (a) written stipulation of the Parties with notice to the Court, or (b) by the Co urt following motion of any party to this Decree, Case 1:11-cv-02180-RBW Document 17-2 Filed 07/23/12 Page 2 of 93 pursuant to the Federal Rules of Civil Procedur e, and upon consideration of any response by the non-moving party. 5. Sierra Club and EPA shall not challenge the terms of this Decree or this Court’s jurisdiction to enter and enfor ce this Decree. Upon entry, no part y shall challeng e the terms of this Decree. 6. EPA agrees that Sierra Club is entitled to recover its costs of litigation (including attorneys’ fees) (“litigation costs”) incurred in this matter pursuant to 42 U.S.C. § 7604(d). The deadline for the filing of any motion for litigati on costs for activities performed prior to the lodging of this decree with the Court is hereby extended for a period of 120 days. During this time the Parties shall seek to reso lve informally any claim for litig ation costs, and if they cannot reach a resolution, Sierra Club may seek such litig ation costs from the Court. The Court shall retain jurisdiction to resolve any request for litigati on costs. Sierra Club reserves its right to seek litigation costs for any work pe rformed after the lodging of this Consent Decree. EPA does not concede that Plaintiff will be entitled to fees for any work performed after the lodging of the Consent Decree, and the parties reserve all claims and defenses with respect to any future costs of litigation claim. 7. Nothing in this Decree shall be c onstrued to limit or modify any discretion accorded EPA by the Clean Air Act or by general pr inciples of administrative law in taking the actions which are the subject of this Decree, incl uding the discretion to alte r, amend or revise any responses or final actions contemplated by this Decree. EPA’s obligation to perform the actions specified in Paragraph 2 and 3 by the time specifi ed therein does not constitute a limitation or modification of EPA’s discretion within the meaning of this paragraph. Case 1:11-cv-02180-RBW Document 17-2 Filed 07/23/12 Page 3 of 94 8. Nothing in this Decree shall be constr ued as an admission of any issue of fact or law nor to waive or limit any claim or defense, on any grounds, related to any final EPA action may take pursuant to Paragraph 2 above. 9. Nothing in this Decree shall be c onstrued to: (a) confer upon this Court jurisdiction to review any issues that are within the exclusive jurisdiction of the United States Courts of Appeals pursuant to CAA sections 307 (b)(1), 42 U.S.C. §§ 7607(b)(1), including final action taken pursuant to s ection 110(k) of the CAA, 42 U.S.C. § 7410(k), approving, disapproving, or approving in part and disapprov ing in part a SIP submittal; or (b) waive any claims, remedies, or defenses the Parties may have under CAA section 307(b)(1), 42 U.S.C. § 7607(b)(1). 10. The obligations imposed upon EPA under this Decree can only be undertaken using appropriated funds. No provision of this D ecree shall be interpreted as or constitute a commitment or requirement that EPA obligat e or pay funds in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other applicable federal statute. 11. Any notices required or provided for by this Decree shall be made in writing, via email or other means, and sent to the following: For Plaintiff : ROBERT UKEILEY Law Office of Robert Ukeiley 435R Chestnut Street, Suite 1 Berea, KY 40403 rukeiley@igc.org For Defendant : EILEEN T. MCDONOUGH United States Department of Justice Environmental Defense Section P.O. Box 23986 Case 1:11-cv-02180-RBW Document 17-2 Filed 07/23/12 Page 4 of 95 Washington, D.C. 20026-3986 eileen.mcdonough@usdoj.gov
DAVID ORLIN U.S. Environmental Protection Agency Office of General Counsel ARN: MC-2344A 1200 Pennsylvania Ave., N.W. Washington, DC 20460 orlin.david@epa.gov 12. In the event of a dis pute between the Parties conc erning the interpretation or implementation of any aspect of this Decree, th e disputing Party shall provide the other Party with a written notice outlining the nature of the dispute and requesting info rmal negotiations. If the Parties cannot reach an agreed -upon resolution within ten (10) business days after receipt of the notice, any party may move th e Court to resolve the dispute. 13. No motion or other proceeding seeking to enforce this Consent Decree or for contempt of Court shall be prope rly filed unless Sierra Club has followed the procedure set forth in Paragraph 12, and provided EPA with written no tice received at least ten (10) business days before the filing of such motion or proceeding. 14. The Parties agree and acknowledge that before this Consent Decree can be finalized and entered by the Court, EPA must provide notice in the Federal Register and an opportunity for comment pursuant to Clean Air Act section 113(g) , 42 U.S.C. § 7413(g). EPA will expeditiously prepare such notice and forwar d it to the Office of Federal Register after lodging the draft Consent Decree wi th the Court. After this Consent Decree has undergone an opportunity for notice and comment, the Administ rator and/or the Attorney General, as appropriate, shall promptly consider any such written comments in determining whether to withdraw or withhold consent to this Consent Decree, in accord ance with section 113(g) of the Clean Air Act. If the federal government elects not to withdraw or withhold consent to this Case 1:11-cv-02180-RBW Document 17-2 Filed 07/23/12 Page 5 of 96 Consent Decree, the parties shall promptly file a motion that requests the Court to enter this
Consent Decree. 15. The Court shall retain jurisdiction to determine and effectuate compliance with this Decree. When EPA’s oblig ations under Paragraphs 2 and 3 have been completed, and the Plaintiff’s claims for costs of lit igation have been resolved pursua nt to the process described in Paragraph 6, the above-captioned ma tter shall be dismissed with prej udice. The Parties shall file the appropriate notice with the Court so that the Clerk may close the file. 16. The undersigned representatives of e ach Party certify that they are fully authorized by the Party they represent to bi nd that Party to the terms of this Decree. SO ORDERED on this day of , 2012.

_____________________________ REGGIE B. WALTON UNITED STATES DISTRICT JUDGE SO AGREED: FOR PLAINTIFF ______________________ ROBERT UKEILEY Law Office of Robert Ukeiley 435R Chestnut Street, Suite 1 Berea, KY 40403 rukeiley@igc.org
FOR DEFENDANT IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division

____________________________ EILEEN T. MCDONOUGH United States Department of Justice Environmental Defense Section P.O. Box 7611 Washington, D.C. 20004 eileen.mcdonough@usdoj.gov Case 1:11-cv-02180-RBW Document 17-2 Filed 07/23/12 Page 6 of 97 Of Counsel
DAVID ORLIN U.S. Environmental Protection Agency Office of General Counsel ARN: MC-2344A 1200 Pennsylvania Ave., N.W. Washington, DC 20460 orlin.david@epa.gov Case 1:11-cv-02180-RBW Document 17-2 Filed 07/23/12 Page 7 of 98 Attachment A
EPA Region One Submittal Date Final Action Date

Eastern MA – NOx and VOC RACT January 31, 2008 March 29, 2013
Eastern MA – 8-hour ozone Attainment Demonstration January 31, 2008 March 29, 2013
Western MA – NOx and VOC RACT January 31, 2008 March 29, 2013
Western MA – 8-hour ozone Attainment Demonstration January 31, 2008 March 29, 2013 MA – Submission for revisions to 310 CMR 7.02(8), 7.03, 7.04(4), 7.12, 7.26(30-(36) February 13, 2008 March 29, 2013
MA – Visible emission rule September 14, 2006 March 29, 2013
CT – NOx and VOC RACT December 8, 2006 March 29, 2013 CT – Revisions to recordkeeping, monitoring and visible emissions rule December 1, 2004 March 29, 2013
CT – Single source NOx credits for RACT December 2, 2002 March 29, 2013

EPA Region Two Submittal Date Final Action Date NJ – 8-hour ozone attainment plan for the Philadelphia-Wilmington-Atlantic City area October 29, 2007 Feb. 28, 2013

NJ – 8-hour ozone attainment demonstration for New York-Northern New Jersey October 29, 2007 June 28, 2013

NY – 8-hour ozone attainme nt demonstration for New York-Northern New Jersey February 8, 2008 June 28, 2013 Case 1:11-cv-02180-RBW Document 17-2 Filed 07/23/12 Page 8 of 99 EPA Region Three Submittal Date Final Action Date PA – Pittsburgh/Beaver Valley PM 2.5 attainment demonstration, contingency measures, emissions inventory, & RACM/RACT November 10, 2009 Dec. 15, 2012

PA – NOx and non-CTG for major sources Allegheny County RACT May 5, 2009 Feb. 28, 2013
PA – Amendment to general plan requirements 25 Pa. Code Chap. 127 April 14, 2009 March 29, 2013
PA – Allegheny County PSD; 110(a)(2)(C), (D)(i) & (J) June 26, 2008 Feb. 28, 2013 PA – 8-hour ozone attainment plan for the Philadelphia area August 29, 2007 Feb. 28, 2013
PA – 1997 8-hour RACT for Philadelphia County Sept. 25, 2006 June 28, 2013 PA – PM Attainment plan for Philadelphia area April 12, 2010 Aug. 15, 2012 MD – Revision #07-13; NSR, COMAR 26.11.17 October 24, 2007 March 29, 2013 MD – Revision #06-07; RACT NOx and non-CTG VOC for major sources Sept. 12, 2006 Feb. 28, 2013

MD – Revision 03-11; FBE solid fuel cutoffs December 1, 2003 Feb. 28, 2013 DE – Emissions inventory for 1997 PM-2.5 April 3, 2008 Feb. 28, 2013 DE – Philadelphia PM-2 .5 attainment plan April 3, 2008 Dec. 15, 2012 DE – Revision to Reg. 1102 Nov. 1, 2007 Feb. 28, 2013
DE – 8-hour ozone attainmentplan for the PhiladelphiaWilmington area June 13, 2007 Feb. 28, 2013 Case 1:11-cv-02180-RBW Document 17-2 Filed 07/23/12 Page 9 of 9