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28 KRISTIN A. HENRY (Cal. Bar No. 220908) Sierra Club 85 Second Street, 2nd Floor San Francisco, CA 94105 Telephone: (415) 977-5716 Facsimile: (415) 977-5793 Kristin.Henry@sierraclub.org Counsel for Plaintiff Sierra Club

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

) ) Case No. ) SIERRA CLUB, ) ) COMPLAINT ) FOR DECLARATORY AND Plaintiff, ) INJUNCTIVE RELIEF ) v. ) ) (Clean Air Act, 42 U.S.C. §§ 7401 et. seq. ) GINA MCCARTHY, ) in her official capacity as Administrator of the ) United States Environmental Protection Agency, ) ) Defendant. ) ) Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page1 of 181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

28 1 COMPLAINT INTRODUCTION 1. Plaintiff Sierra Club brings this Clean Air Act citizen suit to compel the United States Environmental Protection Agency (“EPA”) to undertake overdue mandatory duties. Specifically, Sierra Club challenges the failure of Defendant, Gina McCarthy, in her official capacity as Administrator of the EPA, to perform certain mandatory duties requir ed by the Clean Air Act, 42 U.S.C. §§ 7401-7671q. These duties incl ude failure to approve or disapprove under 42 U.S.C. § 7410(k)(2) - (4) state implementatio n plan elements submittals from Alabama, Alaska, Arizona, Colorado, Connecticut, Florida, Georgia, Idaho, Illinoi s, Indiana, Maryland, Mississippi, New Hampshire, North Carolina, Ohio, Oregon, Rhode Island, South Carolina, Texas, Virginia and West Virginia and failure to make a finding of failure to submit a state implementation plan element for Tennessee, all for the 2008 ozone National Ambient Air Quality Standard. JURISDICTION 2. This case is a Clean Air Act citizen suit. Therefore, the Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331 (federal question jurisdiction) and 42 U.S.C. § 7604(a)(2) (citizen suits for failure to perform a non-disc retionary duty required by the Clean Air Act). NOTICE 3. Plaintiff Sierra Club mailed four letters via certified mail, return receipt requested, to EPA Administrators stating that Sierra Club in tends to sue the EPA Administrators for the violations alleged in this Complaint. More th an sixty days have passed since Sierra Club mailed these notice of intent to sue lett ers. To date, Defendant has not remedied the violations alleged in this Complaint. Therefore, an actual controversy exists. Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page2 of 181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

28 2 COMPLAINT VENUE 4. Defendant EPA resides in this judicial dist rict. This civil action is brought against an officer of the United States acting in her official capacity and a s ubstantial part of the events or omissions giving rise to the claims in this case oc curred in the Northern Dist rict of California. In addition, Plaintiff Sierra Club is headquartered in San Fran cisco and Sierra Club’s counsel is located in San Francisco. Therefore, venue is proper in this Court pursuant to 28 U.S.C. § 1391(e). INTRADISTRICT ASSIGNMENT 5. A substantial part of the events and omissi ons giving rise to the claims in this case occurred in the County of San Francisco. A ccordingly, assignment to the San Francisco Division or the Oakland Divi sion is proper pursuant to Civil L.R. 3-2(c) and (d). PARTIES 6. Plaintiff SIERRA CLUB is a national grassroots nonpr ofit conservation organization formed in 1892. 7. Sierra Club’s purpose includes practicing and promoting the responsible use of earth’s ecosystems and resources, and protecting and re storing the quality of the natural and human environment. Sierra Club ha s over 600,000 members nationally. 8. Members and staffs of Sierra Club live, wor k, recreate, and travel throughout the States at issue in this case and will continue to do so on a regular basis. Ozone in the affected States threatens and damages, and will continue to threaten and damage, the health and welfare of Plaintiff’s staffs and members. Ozone diminishes Sierra Club st aff’s and members’, as well as the public’s ability to enjoy the aesthetic qualities and recreationa l opportunities of the respective

areas. Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page3 of 181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

28 3 COMPLAINT 9. EPA’s failure to timely perform the mandato ry duties described herein also adversely affect Sierra Club, as well as its staff and members, by depriving them of procedural protection and opportunities, as well as inform ation that they are entitled to unde r the Clean Air Act. The failure of EPA to perform the mandatory duties al so creates uncertainty for Sierra Club’s staff and members as to whether they ar e exposed to excess air pollution. 10. The above injuries will continue until th e Court grants the relief requested herein. 11. Defendant Gina McCarthy is the Administ rator of the United States Environmental Protection Agency. In that role Administrato r McCarthy has been charged by Congress with the duty to administer the Clean Air Act, includi ng the mandatory duties at issue in this case. LEGAL BACKGROUND 12. Congress enacted the Clean Air Act to “sp eed up, expand, and intensify the war against air pollution in the United States with a view to assuring that the air we breathe throughout the Nation is wholesome once again.” H.R.Re p. No. 1146, 91st Cong., 2d Sess. 1,1, 1970 U.S.Code Cong. & Admin. News 5356, 5356. To promote this , the Clean Air Act requires EPA to set National Ambient Air Quality Standards estab lishing maximum allowable concentrations for certain pollutants, including ozone. 13. Adverse impacts arise from ground-level oz one (“ozone”) pollution, commonly referred to as smog. Exposure to ozone pollution causes numerous impacts to a person’s respiratory system, including asthma, pneumonia, and bronchitis, and can result in the permanent scarring of lung tissue. Moreover, the detrimental eff ects extend beyond public health. Ozone pollution also interferes with vegetation’s ability to function properly. This interference results in injuries such as decreased crop yields a nd damage to native ecosystems. Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page4 of 181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

28 4 COMPLAINT 14. The Clean Air Act requires each state to submit a state implementation plan for every promulgation or revision of a National Ambient Ai r Quality Standard, within three years of that standard’s promulgation or revi sion, that provides for the “imp lementation, maintenance, and enforcement” of the standard. 42 U.S.C. § 7410(a)(1). These are often referred to as “Infrastructure” state implementation plans. An Infrastructure state implementation plan submittal must meet the requirements listed under 42 U.S.C. § 7410(a)(2). See 42 U.S.C. §§ 7410(a)(2)(A)-(M). 15. The Clean Air Act requires EPA to determ ine whether any state implementation plan submittal is administratively complete. 42 U.S.C. 7410(k)(1)(B). EPA must make this determination by “no later than 6 months after th e date, if any, by which a State is required to submit the plan or revision.” Id. 16. EPA has a mandatory duty to take final acti on on any administratively complete state implementation plan submittal by approving in full, disapproving in full, or approving in part and disapproving in part, or conditionally approvi ng, within 12 months of the date the submittal is deemed administratively complete. 42 U.S.C. § 7410(k)(2), (3) and (4). 17. If a state fails to submit any required state implementation plan, there is no submittal that may be deemed administratively complete, and EP A must make a determin ation stating that the state failed to submit the required state implementa tion plan. 42 U.S.C. § 7410(k)(1)(B). This is referred to as a “finding of failure to submit.” Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page5 of 181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

28 5 COMPLAINT CLAIMS FOR RELIEF CLAIM ONE (EPA’s Failure to find that Tennessee has not Submitted an 110(a)(2)(D)(i)(I) element of a 2008 ozone National Ambient Air Quality Standards In frastructure State Implementation Plan) 18. Plaintiff incorporates by re ference paragraphs 1 through 17. 19. Pursuant to the Clean Air Act, each stat e must submit an “Infrastructure” state implementation plan that provides for the “imple mentation, maintenance, and enforcement” of a National Ambient Air Quality Standard within three years of a standard’s promulgation or revision. 42 U.S.C. § 7410(a)(1). 20. The Clean Air Act requires EPA to determ ine whether a state implementation plan submittal is administratively complete. See 42 U.S.C. 7410(k)(1)(B). 21. If a state fails to submit any required state implementation plan, there is no submittal that may be deemed administratively complete and EP A must make a determin ation stating that the state failed to submit the require d state implementation plan. See 42 U.S.C. § 7410(k)(1)(B). This is referred to as a “f inding of failure to submit.” 22. Thus, if a state does not s ubmit a state implementation pla n, EPA must make a finding of failure to submit no later than six months after the date by which the st ate implementation plan submittal was due. See 42 U.S.C. § 7410(k)(1)(B). 23. On March 12, 2008, the EPA promulgated Nati onal Ambient Air Quality Standards for

ozone. See 73 Fed. Reg. 16436-16514 (March 27, 2008). EPA set a new standard limiting ozone concentrations to no more than 0.075 parts per million over an 8-hour period. See 40 C.F.R. § 50.15. Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page6 of 181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

28 6 COMPLAINT 24. In accordance with Section 110(a)(1) of the Cl ean Air Act, States are required to submit SIPs to attain and maintain the National Ambient Air Quality Standards with in three years of the promulgation or revision of a Nati onal Ambient Air Quality Standard. See 42 U.S.C. § 7410(a)(1). In assuring that SIPs attain a nd maintain the National Ambient Air Quality Standards in accordance with Section 110(a)(1), States must ensure their SIPs include requirements set forth under Section 110(a)(2). See 74 U.S.C. § 7410(a)(2). 25. States must submit Infrastructure SIPs for the 2008 ozone National Ambient Air Quality Standards by no later than March 12, 2011. See 73 Fed. Reg. 16436, 16503 (March 27, 2008). See also http://www.epa.gov/air/urbanair/sipstatus /reports/al_infrabypoll.html#x110_a__2__ozone__200 8_ 26. The state of Tennessee originally submitte d a 2008 ozone infrastructure SIP to cover Clean Air Act 110(a)(2)(D)(i)(I). However, via a July 3, 2012 letter, Tennessee withdrew this submittal. Therefore, it is currently afte r September 27, 2011, Tennessee does not have a 2008 ozone infrastructure SIP 110(a)(2)(D)(i)(I) submitta l and EPA has not made a finding of failure to submit this element. 27. The Administrator is required to make a finding as to whether a State has submitted the required SIP no later than six months after the date by which the State was required to submit such a SIP. See 42 U.S.C. § 7410(k)(1)(B). Thus, EPA must make findings of failure to submit SIPs for the 2008 ozone National Ambient Air Qu ality Standards by no later than September 12, 2011. 28. EPA has not made findings that Tennessee fa iled to submit the 110( a)(2)(D)(i)(I) element of an Infrastructure SIP for the 2008 ozone National Ambient Air Quality Standard. Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page7 of 181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

28 7 COMPLAINT 29. Thus, EPA is in violation of its mandat ory duty with regard to Tennessee for the 110(a)(2)(D)(i)(I) element.

CLAIM TWO (EPA Failure to Take Final Action on States ’ Infrastructure State Implementation Plan Submittals.) 30. Plaintiff incorporates by re ference paragraphs 1 through 29. 31. The Clean Air Act requires EPA to determ ine whether any state implementation plan submittal is administratively complete. See 42 U.S.C. 7410(k)(1)(B). 32. If, six months after a state submits a stat e implementation plan, EPA has not made the completeness finding and has not found the submittal to be incomplete, the submittal is deemed administratively complete by operation of law. Id

. 33. EPA must take final action on an admini stratively complete submittal by approving in full, disapproving in full, approving in part a nd disapproving in part or conditionally approving within 12 months of the date of the submittal’s completeness finding. 42 U.S.C. § 7410(k)(2) - (4). 34. EPA has failed to take final action on Alabam a’s infrastructure state implementation plan submittal for the 2008 ozone 8-hour NAAQS 110(a)(2 )(A) – (H), (J) – (M) elements. By no later than December 14, 2012, either EPA or ope ration of law deemed Alabama’s state implementation plan submittal that included the infrastructure requirements under 42 U.S.C. § 7410(a)(2)(A) – (H), (J) – (M) administratively complete. See EPA, Status of State SIP Infrastructure Requirements—Alabama (available at http://www.epa.gov/air/urbanair/sipstatus /reports/al_infrabypoll.html#x110_a__2__ozone__200 8_ (last viewed July 14, 2014). 35. Under the Clean Air Act, EPA is required to take final action on Alabama’s submittal that addresses these infrastructure requirements by approving in full, disapproving in full, or approving in part and di sapproving in part by no la ter than December 14, 2013. See 42 U.S.C. § 7410(k)(2) - (4). Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page8 of 181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

28 8 COMPLAINT 36. EPA has failed to do so. 37. EPA has failed to take final action on Alaska ’s infrastructure stat e implementation plan submittal for the 2008 ozone 8-hour NAAQS 110( a)(2)(D)(i) elements. On October 4, 2011, either EPA or operation of law deemed Alaska ’s state implementation plan submittal that included the infrastructure requirements under 42 U.S.C. § 7410(a)(2)(D)(i) administratively complete. See EPA, Status of State SIP Infrastructu re Requirements—Alaska (available at http://www.epa.gov/air/urbanair/sipstat us/reports/ak_infrabypoll.html#x110_a__2__ozone__200 8_ (last viewed July 14, 2014). 38. Under the Clean Air Act, EPA is required to take final action on Alaska’s submittal that addresses these infrastructure requirements by approving in fu ll, disapproving in full, or approving in part and disapprovi ng in part by October 4, 2012. See 42 U.S.C. § 7410(k)(2) - (4). 39. EPA has failed to do so. 40. EPA has failed to take final action on Alaska ’s infrastructure stat e implementation plan submittal for the 2008 ozone 8-hour NAAQS 11 0(a)(2)(A)-(C),(D)(ii), (E)-(H), (J)-(M) elements. On September 8, 2012, either EPA or operation of law deemed Alaska’s state implementation plan submittal that included the infrastructure requirements under 110(a)(2)(A)- (C),(D)(ii), (E)-(H), (J)-(M) administratively complete. See EPA, Status of State SIP Infrastructure Requirement s—Alaska (available at http://www.epa.gov/air/urbanair/sipstat us/reports/ak_infrabypoll.html#x110_a__2__ozone__200 8_(last viewed Dec. 18, 2013). 41. Under the Clean Air Act, EPA is required to take final action on Alaska’s submittal that addresses these infrastructure requirements by approving in fu ll, disapproving in full, or approving in part and disapprovi ng in part by September 8, 2013. See 42 U.S.C. § 7410(k)(2) - (4). 42. EPA has failed to do so. 43. EPA has failed to take final action on Arizona ’s infrastructure state implementation plan submittal for the 2008 ozone 8-hour NAAQS 110(a)(2 )(A) – (H), (J) – (M) elements. By no later than January 3, 2013, either EPA or operation of law deemed Arizona’s state implementation Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page9 of 181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

28 9 COMPLAINT plan submittal that included the infrastructu re requirements under 42 U.S.C. § 7410(a)(2)(A) – (H), (J) – (M) administratively complete. See EPA, Status of State SIP Infrastructure Requirements—Arizona (available athttp://www.epa.gov/air/urbanair/sipstat us/reports/az_infrabypoll.html#x110_a__2__ozone__20 08_ (last viewed July 14, 2014). 44. Under the Clean Air Act, EPA is required to take final action on Arizona’s submittal that addresses these infrastructure requirements by approving in fu ll, disapproving in full, or approving in part and di sapproving in part by no la ter than January 3, 2014. See 42 U.S.C. § 7410(k)(2) - (4). 45. EPA has failed to do so. 46. EPA has failed to take final action on Colora do’s infrastructure state implementation plan submittal for the 2008 ozone 8-hour NAAQS 110(a )(2)(A) – (H), (J) – (M) elements. By no later than January 2, 2013, either EPA or operation of law deemed Colorado’s state implementation plan submittal that included the infrastructure requirements under 42 U.S.C. § 7410(a)(2)(A) – (H), (J) – (M) administratively complete. See EPA, Status of State SIP Infrastructure Requirements—Colorado (available at http://www.epa.gov/air/urbanair/sipstat us/reports/co_infrabypoll.html#x110_a__2__ozone__200 8_ (last viewed July 14, 2014). 47. Under the Clean Air Act, EPA is required to take final action on Colorado’s submittal that addresses these infrastructure requirements by approving in full, disapproving in full, or approving in part and di sapproving in part by no la ter than January 2, 2014. See 42 U.S.C. § 7410(k)(2) - (4). 48. EPA has failed to do so. 49. EPA has failed to take final action on Conn ecticut’s infrastructure state implementation plan submittal for the 2008 ozone 8-hour NAAQS 110(a)(2)(A) – (C), (D )(i)(II), (D)(ii), (E) – (H), (J) - (M) elements. By no later than January 3, 2013, e ither EPA or operation of law deemed Colorado’s state implementation plan submittal that included the infrastructure Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page10 of 181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

28 10 COMPLAINT requirements under 42 U.S.C. § 7410(a)(2)(A) – – (C ), (D)(i)(II), (D)(ii), (E) – (H), (J) - (M) administratively complete. See EPA, Status of State SIP Infrastructure Requirements— Connecticut (available at http://www.epa.gov/air/urbanair/sipstatus /reports/ct_infrabypoll.html#x110_a__2__ozone__200 8_ (last viewed July 14, 2014). 50. Under the Clean Air Act, EPA is required to take final action on Connecticut’s submittal that addresses these infrastructure requirements by approving in full, disapproving in full, or approving in part and di sapproving in part by no la ter than January 3, 2014. See 42 U.S.C. § 7410(k)(2) - (4). 51. EPA has failed to do so. 52. EPA has failed to take final action on Florid a’s infrastructure state implementation plan submittal for the 2008 ozone 8-hour NAAQS. By no later than April 30, 2012, either EPA or operation of law deemed Florida’s state impl ementation plan submittal that included the infrastructure requirements under 42 U.S.C. § 7410(a)(2)(D)(i)(I) and (II)(Prong 4 visibility only). See EPA, Status of State SIP Infrastructu re Requirements—Florida (available at http://www.epa.gov/air/urbanair/sipstatus /reports/fl_infrabypoll.html#x110_a__2__ozone__2008 _ (last viewed Dec. 18, 2013). 53. Under the Clean Air Act, EPA is required to take final action on Florida’s submittal by approving in full, disapproving in full, or approving in part and di sapproving in part by no later than April 30, 2013. See 42 U.S.C. § 7410(k)(2) - (4). 54. EPA has failed to do so. 55. EPA has failed to take final action on Georgi a’s infrastructure state implementation plan submittal for the 2008 ozone 8-hour NAAQS. By no later than September 6, 2012, either EPA or operation of law deemed Georgia’s state im plementation plan submittal that included the infrastructure requirements under 42 U.S.C. § 7410(a)(2)(A) – (C), (D)( i)(II) - (H), (J)-(M) administratively complete. See EPA, Status of State SIP Infr astructure Requirements—Georgia (available at Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page11 of 181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

28 11 COMPLAINT http://www.epa.gov/air/urbanair/sipstatus /reports/ga_infrabypoll.html#x110_a__2__ozone__200 8_ (last viewed Dec. 18, 2013). 56. Under the Clean Air Act, EPA is required to take final action on Georgia’s submittal by approving in full, disapproving in full, or approving in part and di sapproving in part by no later than September 6, 2013. See 42 U.S.C. § 7410(k)(2) - (4). 57. EPA has failed to do so. 58. EPA has failed to take final action on an Idaho submittal of the infrastructure state implementation plan for the 2008 ozone NAAQS. By no later than September 15, 2008, June 25, 2010, and October 25, 2010, Idaho submitted to EPA a SIP submittal intended to meet the infrastructure requirements for the 2008 ozone NAAQS including Section 110(a)(2)(D)(i)(I). See WildEarth Guardians v. EPA , 11-cv-5651-YGR (N.D.Cal.), “D efendant’s Statement of Material Facts in Support of Cross-Motion fo r Summary Judgment,” Dk. No. 44-3, Fact 2. Either EPA or operation of law deemed these su bmittals administratively complete by no later than April 25, 2011. 59. The Clean Air Act requires EPA to take fina l action by approving in full, disapproving in full, or approving in part and disapproving in pa rt Idaho’s submittals by no later than April 25, 2012. 42 U.S.C. § 7410(k)(2) - (4). 60. EPA has failed to do so fo r Section 110( a)(2)(D)(i)(I). 61. EPA has failed to take final action on Illinoi s’ infrastructure stat e implementation plan submittal for the 2008 ozone 8-hour NAAQS. By no later than January 2, 2013, either EPA or operation of law deemed Illinois’ state implementation plan submittal that included the infrastructure requirements under 42 U.S.C. § 7410(a)(2)(A) – (H), (J)- (M) administratively complete. See EPA, Status of State SIP Infrastructure Requirements—Illinois (available at http://www.epa.gov/air/urbanair/sipstat us/reports/il_infrabypoll.html#x110_a__2__ozone__2008 _ (last viewed April 21, 2014). 62. Under the Clean Air Act, EPA is required to take final action on this Illinois submittal by approving in full, disapproving in full, or approving in part and di sapproving in part by no later than January 2, 2014. See 42 U.S.C. § 7410(k)(2) - (4). Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page12 of 181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

28 12 COMPLAINT 63. EPA has failed to do so. 64. EPA has failed to take final action on Indian a’s infrastructure state implementation plan submittal for the 2008 ozone 8-hour NAAQS. By no later than June 12, 2012, either EPA or operation of law deemed Indiana’s state impl ementation plan submittal that included the infrastructure requirements under 42 U.S.C. § 7410(a)(2)(A) – (H), (J)- (M) administratively complete. See EPA, Status of State SIP Infrastructu re Requirements—Indiana (available at http://www.epa.gov/air/urbanair/sipstat us/reports/in_infrabypoll.html#x110_a__2__ozone__200 8__ (last viewed Dec. 18, 2013). 65. Under the Clean Air Act, EPA is required to take final action on this Indiana submittal by approving in full, disapproving in full, or approving in part and di sapproving in part by no later than June 12, 2013. See 42 U.S.C. § 7410(k)(2) - (4). 66. EPA has failed to do so. 67. EPA has failed to take final action on Mary land’s infrastructure state implementation plan submittal for the 2008 ozone 8-hour NAAQS. By no later than January 2, 2013, either EPA or operation of law deemed Mary land’s state implementation plan submittal that included the infrastructure requirements under 42 U.S.C. § 7410(a)(2)(A) – (H), (J)- (M) administratively complete. See EPA, Status of State SIP Infrastructu re Requirements—Maryland (available at http://www.epa.gov/air/urbanair/sipstat us/reports/il_infrabypoll.html#x110_a__2__ozone__2008 _ (last viewed July 14, 2014). 68. Under the Clean Air Act, EPA is required to take final action on th is Maryland submittal by approving in full, disapproving in full, or approving in part and disapproving in part by no later than January 2, 2014. See 42 U.S.C. § 7410(k)(2) - (4). 69. EPA has failed to do so. 70. EPA has failed to take final action on Missi ssippi’s infrastructure state implementation plan submittal for the 2008 ozone 8-hour NAAQS. By no later than December 18, 2012, either EPA or operation of law deemed Mississippi’s st ate implementation plan submittal that included the infrastructure requirements under 42 U.S.C. § 7410(a)(2)(A) – (H), (J )-(M) administratively complete. See EPA, Status of State SIP Infrastructu re Requirements—Mississippi (available at Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page13 of 181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

28 13 COMPLAINT http://www.epa.gov/air/urbanair/sipstat us/reports/ms_infrabypoll.html#x110_a__2__ozone__20 08_ (last viewed July 14, 2014). 71. Under the Clean Air Act, EPA is required to take final action on this Mississippi submittal by approving in full, disapproving in full, or approving in part and disapproving in part by no later than December 18, 2013. See 42 U.S.C. § 7410(k)(2) - (4). 72. EPA has failed to do so. 73. EPA has failed to take final action on North Carolina’s infrastructure state implementation plan submittal for the 2008 ozone 8-hour NAAQS. By not later than November 15, 2012, either EPA or operation of law deemed North Carolina’s state implementation plan submittal that included the infrastructure requi rements under 42 U.S.C. § 7410(a)(2)(A) – (H), (J)-(M) administratively complete. See EPA, Status of State SIP Infrastructure Requirements— North Carolina (available at http://www.epa.gov/air/urbanair/sipstatus /reports/nc_infrabypoll.html#x110_a__2__ozone__200 8_ (last viewed July 14, 2014). 74. Under the Clean Air Act, EPA is required to take final action on this North Carolina submittal by approving in full, disapproving in full, or approving in part and disapproving in part by no later than November 15, 2013. See 42 U.S.C. § 7410(k)(2) - (4). 75. EPA has failed to do so. 76. EPA has failed to take final action on New Hampshire’s infrastructure state implementation plan submittal for the 2008 ozone 8-hour NAAQS. By not later than January 3, 2013, either EPA or operation of law deemed New Hampshire’s state implementation plan submittal that included the infrastructure requi rements under 42 U.S.C. § 7410(a)(2)(A) – (H), (J)-(M) administratively complete. See EPA, Status of State SIP Infrastructure Requirements— New Hampshire (available at http://www.epa.gov/air/urbanair/sipstat us/reports/nh_infrabypoll.html#x110_a__2__ozone__200 8_ (last viewed July 14, 2014). Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page14 of 181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

28 14 COMPLAINT 77. Under the Clean Air Act, EPA is required to take final action on this New Hampshire submittal by approving in full, disapproving in full, or approving in part and disapproving in part by no later than January 3, 2014. See 42 U.S.C. § 7410(k)(2) - (4). 78. EPA has failed to do so. 79. EPA has failed to take final action on Ohio ’s infrastructure state implementation plan submittal for the 2008 ozone 8-hour NAAQS. By not later than January 3, 2013, either EPA or operation of law deemed Ohio’s state implementation plan submittal that included the infrastructure requirements under 42 U.S.C. § 7410(a)(2)(A) – (H), (J)- (M) administratively complete. See EPA, Status of State SIP Infrastructu re Requirements—Ohio (available at http://www.epa.gov/air/urbanair/sipstat us/reports/oh_infrabypoll.html#x110_a__2__ozone__200 8_ (last viewed July 14, 2014). 80. Under the Clean Air Act, EPA is required to take final action on this Ohio submittal by approving in full, disapproving in full, or approving in part and di sapproving in part by no later than January 3, 2014. See 42 U.S.C. § 7410(k)(2) - (4). 81. EPA has failed to do so. 82. EPA has failed to take final action on an Oregon submittal of certain requirements of the infrastructure state implementation plan for th e 2008 ozone NAAQS. By no later than June 23, 2010, Oregon submitted to EPA a SIP submittal inte nded to meet the 110(a)(2)(D)(i)(I) element of the infrastructure requirements for the 2008 ozone NAAQS. See WildEarth Guardians v. EPA , 11-cv-5651-YGR (N.D.Cal.), “Defendant’s St atement of Material Facts in Support of Cross-Motion for Summary Judgment,” Dk. No. 44- 3, Fact 4. Either EPA or operation of law deemed this Oregon submittal administratively complete by no later than December 23, 2010. 83. The Clean Air Act requires EPA to take fina l action by approving in full, disapproving in full, or approving in part and disapproving in part Oregon’s 110(a)(2 )(D)(i)(I) submittal by no later than December 23, 2011. 42 U.S.C. § 7410(k)(2) - (4). 84. EPA has failed to do so. 85. EPA has failed to take final action on Rhode Island’s infrastructure state implementation plan submittal for the 2008 ozone 8-hour NAAQS. By no later than January 3, 2013, either EPA Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page15 of 181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

28 15 COMPLAINT or operation of law deemed Rhode Island’s state implementation plan submittal that included the infrastructure requirements under 42 U.S.C. § 7410( a)(2)(A) – (C), (D )(i)(II), (D)(ii ), (E) – (H), (J) – (M) administratively complete. See EPA, Status of State SIP Infrastructure Requirements— Rhode Island (available at http://www.epa.gov/air/urbanair/sipstatus /reports/ri_infrabypoll.html#x110_a__2__ozone__2008 _ (last viewed July 14, 2014). 86. Under the Clean Air Act, EPA is required to take final action on this submittal by approving in full, disapproving in full, or approving in part and di sapproving in part by no later than January 3, 2014. See 42 U.S.C. § 7410(k)(2) - (4). 87. EPA has failed to do so. 88. EPA has failed to take final action on South Carolina’s infrastructure state implementation plan submittal for the 2008 ozone 8-hour NAAQS. By no later than April 24, 2012, either EPA or operation of law deemed So uth Carolina’s state implementation plan submittal that included the infrastructure requi rements under 42 U.S.C. § 7410(a)(2)(A) – (H), (J) - (M) administratively complete. See EPA, Status of State SIP Infrastructure Requirements— South Carolina (available at http://www.epa.gov/air/urbanair/sipstatus /reports/sc_infrabypoll.html#x110_a__2__ozone__200 8_ (last viewed Dec. 18, 2013). 89. Under the Clean Air Act, EPA is required to take final action on this South Carolina submittal by approving in full, disapproving in full, or approving in part and disapproving in part by no later than April 24, 2013. See 42 U.S.C. § 7410(k)(2) and (3). 90. EPA has failed to do so. 91. EPA has failed to take final action on Texa s’ infrastructure state implementation plan submittal for the 2008 ozone 8-hour NAAQS. By no later than December 20, 2012, either EPA or operation of law deemed Texas’ state im plementation plan submittal that included the infrastructure requirements under 42 U.S.C. § 74 10(a)(2)(A) – (H), (J) - (M) administratively complete. See EPA, Status of State SIP Infrastruc ture Requirements—Texas (available at Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page16 of 181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

28 16 COMPLAINT http://www.epa.gov/air/urbanair/sipstat us/reports/tx_infrabypoll.html#x110_a__2__ozone__200 8_ (last viewed July 14, 2014). 92. Under the Clean Air Act, EPA is required to take final action on this Texas submittal by approving in full, disapproving in full, or approving in part and di sapproving in part by no later than December 20, 2014. See 42 U.S.C. § 7410(k)(2) - (4). 93. EPA has failed to do so. 94. EPA has failed to take final action on Virgin ia’s infrastructure state implementation plan submittal for the 2008 ozone 8-hour NAAQS. By no later than December 20, 2012, either EPA or operation of law deemed Virginia’s state implementation plan submittal that included the infrastructure requirements under 42 U.S.C. § 7410(a)(2)(D)(i)(II)(PSD pr ong) administratively complete. See EPA, Status of State SIP Infrastructure Requirements—Virginia (available at http://www.epa.gov/air/urbanair/sipstatus /reports/va_infrabypoll.html#x110_a__2__ozone__200 8_ (last viewed July 14, 2014). 95. Under the Clean Air Act, EPA is required to take final action on this Virginia submittal by approving in full, disapproving in full, or approving in part and disapproving in part by no later than December 20, 2013. See 42 U.S.C. § 7410(k)(2) - (4). 96. EPA has failed to do so. 97. EPA has failed to take final action on West Virginia’s infrastructure state implementation plan submittal for the 2008 ozone 8-hour NAAQS. By no later than August 22, 2012, either EPA or operation of law deemed West Virginia’s state implementation plan submittal that included the infrastructure requirements under 42 U.S.C. § 7410(a)(2 )(D)(i)(II)(prong 4) and (E)(ii) administratively complete. See EPA, Status of State SIP Infrastructure Requirements— West Virginia (available at http://www.epa.gov/air/urbanair/sipstat us/reports/wv_infrabypoll.html#x110_a__2__ozone__20 08_ (last viewed Dec. 18, 2013); See also DRAFT West Virginia State Implementation Plan Revision for Clean Air Act Section 110(a)(2)(A )-(M) Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards at 7. Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page17 of 181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

28 17 COMPLAINT 98. Under the Clean Air Act, EPA is required to take final action on this West Virginia submittal by approving in full, disapproving in full, or approving in part and disapproving in part by no later than August 22, 2013. See 42 U.S.C. § 7410(k)(2) - (4). 99. EPA has failed to do so. REQUEST FOR RELIEF WHEREFORE, Sierra Club respectf ully requests that the Court: A. Declare that the Administrator is in violation of the Clean Air Act with regard to her failure to perform each mandatory duty listed above; B. Issue a mandatory injunction requiring the Administrator to perform her mandatory duties by certain dates; C. Retain jurisdiction of this matter for purposes of enforcing and effectuating the Court’s order; D. Grant Sierra Club its reasonable costs of litigation, including attorneys’ and experts’ fees; and E. Grant such further relief as th e Court deems just and proper. Respectfully submitted,

/s/Kristin A. Henry x Kristin A. Henry (Cal. Bar No. 220908) Sierra Club 85 Second Street, 2nd Floor San Francisco, CA 94105 Telephone: (415) 977-5716 Facsimile: (415) 977-5793 Kristin.Henry@sierraclub.org Counsel for Sierra Club Dated: July 15, 2014 Case4:14-cv-03198-JSW Document1 Filed07/15/14 Page18 of 18JS 44 (Rev. 12/12) cand rev (1/15/13) 

### CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained here in neither replace nor supplement the filing and service of plead ings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is re quired for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plain tiff County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASE S) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) ’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4 of Business In This State ’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6 Foreign Country IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES ’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act ’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 400 State Reapportionment ’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 ’ 410 Antitrust ’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 430 Banks and Banking ’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 450 Commerce & Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 460 Deportation ’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 470 Racketeer Influenced and ’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark Corrupt Organizations Student Loans ’ 340 Marine Injury Product ’ 480 Consumer Credit (Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY ’ 490 Cable/Sat TV ’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 850 Securities/Commodities/ of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) Exchange ’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 890 Other Statutory Actions ’ 190 Other Contract Product Liability ’ 380 Other Persona l Relations ’ 864 SSID Title XVI ’ 891 Agricultural Acts ’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 893 Environmental Matters ’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 895 Freedom of Information ’ 362 Personal Injury - Pr oduct Liability Leave Act Act Medical Malpractice ’ 790 Other Labor Litigation ’ 896 Arbitration REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS ’ 899 Administrative Procedure ’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: Income Security Act ’ 870 Taxes (U.S. Plaintiff Ac t/Review or Appeal of ’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee or De fendant) Agency Decision ’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 950 Constitutionality of ’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 State Statutes ’ 245 Tort Product Liability Accommodations ’ 530 General ’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Employment Other: ’ 462 Naturalization Application ’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration Other ’ 550 Civil Rights Actions ’ 448 Education ’ 555 P rison Condition ’ 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an “X” in One Box Only) ’ 1 Original Proceeding ’ 2 Removed from State Court ’ 3 Remanded from Appellate Court ’ 4 Reinstated or Reopened ’ 5 Transferred from Another District (specify) ’ 6 Multidistrict Litigation

VI. CAUSE OF ACTION Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity ) : Brief description of cause: VII. REQUESTED IN COMPLAINT: ’ CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. DEMAND $ CHECK YES only if demanded in complaint: JURY DEMAND: ’ Yes ’ No VIII. RELATED CASE(S) IF ANY (See instructions): JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD ,;',9,6,21$/$66,*10(17&LYLO/5

(Place an “X” in One Box Only) ( ) SAN FRANCISCO/OAKLAND ( ) SAN JOSE ( ) EUREKA

Case4:14-cv-03198-JSW Document1-1 Filed07/15/14 Page1 of 2JS 44 Reverse (Rev. 1 2 /12) INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judici al Conference of the United Stat es in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover s heet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should comple te the form as follows: I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and de fendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. pl aintiff cases, enter the name of the count y where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an atta chment, noting in this section "(see attachment)". II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdic tions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdicti on based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United Stat es are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box

. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the Unite d States, an amendment to the Constitution, an act of Congress or a treaty of the United St ates. In cases where the U.S. is a party, the U.S. plainti ff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where partie s are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked . (See Section III below ; NOTE: federal question actions take precedence over diversity cases. ) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an "X" in one of the six boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C ., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remande d to the district court for further action. Use the date o f remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred unde r Title 28 U.S.C. Section 1404(a). Do not use this for withi n district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Tit le 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief De scription: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction

. Jury Demand. Check the appropriate box to indi cate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.

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