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28 JOHN C. CRUDEN Assistant Attorney General Environment & Natural Resources Division United States Department of Justice LESLIE M. HILL (D.C. Bar No. 476008) Leslie.Hill@usdoj.gov Environmental Defense Section 601 D Street N.W., Suite 8000 Washington D.C. 2 0004 Telephone (202) 514

- 0375 Facsimile (202) 514

- 8865
Attorneys for Defendant

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

SIERRA CLUB
,
Plaint i ff,

v.
GINA McCARTHY, in her official capacity as the Admini strator of the United States Environmental Protection Agency,

Defendant. Case No. 4:14

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- 00643

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NOTICE OF LODGING OF PROPOSED CONSENT DECREE

On December 22, 2014, Defendant Gina McCarthy , in her official capacity as

Administrator of the United Stat es Environmental Protection Agency (hereinafter

“EPA” ), lodged a proposed consent decree with the Court that contain ed the terms of a

pro posed settlement of this action (Dkt. No. 28). Subsequently, EPA determined that it could no longer meet the February 17, 2015 deadline for proposed rulemaking (Dkt. No. 28, Ex. A, ¶ 1) because additional technical analyses were necessary to address the requirements of 42 U.S.C. § 7491 and 40 C

. F

. R

. § 51.308(d)(1) . As a result, the parties have agreed to a short extensio n of the proposed rulemaking schedule until March 6,

N OTICE O F L ODGING O F R EVISED P ROPOSED C ONSENT D ECREE C ASE N O

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28 2015 and memorialized that extension in a revised proposed consent decree. See Exhibit
A, Revised Proposed Consent Decree.

The revised proposed consent decree should not be signed or entered by the

Co urt at this time. Pursuant to section 113(g) of the Clean Air Act, 42 U.S.C. § 7413(g), 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 or matter to comment in writing” upon the proposed consent decree. Accordingly, EPA will publish in the Federal Register a notice of the revised proposed consent decree and request comments. After a reasonable comment period, the EPA Administrator will

prom ptly consider any written comments received and, if none of the comments disclose

facts or considerations which indicate that the revised proposed consent decree is inappropriate, improper, inadequate, or inconsistent with the requirements of the Clean

Air Act, EPA will move for entry of the decree.

Respectfully submitted,

Date: February 1 1 , 2015

JOHN C. CRUDEN Assistant Attorney General Environment and Natural Resources Division

/s/ Leslie M. Hill LESLIE M. HILL (D.C. Bar No. 476008) U.S. Departmen t of Justice Environment & Natural Resources Division Environmental Defense Section 601 D Street N.W., Suite 8000 Washington D.C. 20004 Leslie.Hill@usdoj.gov Telephone (202) 514

- 0375 Facsimile (202) 514 8865
Attorneys for Defendant

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28 Of counsel: Barbara A. Nann Assistant Regional Counsel Region 6 U.S. Environmental Protection Agency

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