UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AMERICAN LUNG ASSOCIATION and ) NATIONAL PARKS CONSERVATION ) ASSOCIATION, ) ) Plaintiffs, ) ) Civil Action No. 1:12-cv-00243-RLW v. ) (Judge Robert L. Wilkins) ) UNITED STATES ENVIRONMENTAL ) PROTECTION AGENCY, and LISA ) JACKSON, Administrator, United States ) Environmental Protection Agency, ) ) Defendants. ) __________________________________________) ) STATE OF NEW YORK, et al., ) ) Plaintiffs, ) ) v. ) Civil Action No. 1:12-cv-00531-RLW ) (Judge Robert L. Wilkins) LISA P. JACKSON, as Administrator of the ) Environmental Protection Agency, and the ) UNITED STATES ENVIRONMENTAL ) PROTECTION AGENCY, ) ) Defendants. ) __________________________________________) CONSENT DECREE WHEREAS, Plaintiffs American Lung A ssociation and National Parks Conservation Association (“ALA” and “NPCA”) initiated this action against th e United States Environmental Protection Agency and Lisa Jack son, Administrator (collectively, “EPA” or the “Agency”), with a complaint filed on February 14, 2012, alleging that EPA has violated a nondiscretionary duty under the Clean Air Act, 42 U.S.C. § 7409(d)(1), to complete a fi ve-year review of the national ambient air quality standards (“NAAQS”) for part iculate matter, and seeking declaratory and2 injunctive relief as well as attorney’s fees and other costs of litigation pursuant to 42 U.S.C. § 7604(a); WHEREAS, Plaintiffs the States of New York, Califor nia, Connecticut, Delaware, Maryland, Massachusetts, New Mexico, Oreg on, Rhode Island, Vermont and Washington (collectively, the “States”) filed a complaint in the United States District Court for the Southern District of New York on February 10, 2012, alle ging the same statutory violation and seeking similar relief. The States’ complaint was subs equently transferred to this Court by a joint stipulation and order, and was then consolidated with the instant ac tion by Order of this Court on April 13, 2012; WHEREAS, both complaints were filed pur suant to 42 U.S.C. § 7604(a)(2), which authorizes suits against EPA a lleging that the Agency has fa iled to perform a nondiscretionary duty required by the Clean Air Act; WHEREAS, ALA and NPCA filed an app lication for preliminary and permanent injunction, and both the States a nd EPA filed cross-motions for summary judgment as to remedy, all of which were argued at a motions hearing on May 31, 2012; WHEREAS, the Court issued an Order on J une 2, 2012, granting in part the application for preliminary injunction, and subsequently m odified that Order on June 6, 2012. The modified Order requires that EPA sign a notice of propos ed rulemaking no later than June 14, 2012, seek expedited publication of that notice in the Federal Register , and schedule and hold public hearing/s and hold a public comment period on th e proposed rulemaking such that the comment period shall close no later than ni ne weeks following the date of publication of the notice in the Federal Register. The Order reserves judgment on all other relief sought by the application for injunction and the cross-motions for summary judgment as to remedy;3 WHEREAS, the Parties wish to effectuate a settlement of the remaining aspects of the instant action not resolved by the Court’s June 2 order (as modified in part on June 6), and the terms of that settlement are set forth in this Consent Decree; WHEREAS, the Parties agree that this Consent Decree represents a good-faith compromise of disputed claims; and WHEREAS, the Court, by entering this Cons ent Decree, finds that the Decree is fair, reasonable, in the public interest, and consiste nt with the Clean Air Act, 42 U.S.C. §§ 7401 et
seq. ; NOW THEREFORE, before the taking of te stimony, without trial or determination of any undecided issue of fact or law, and upon the consent of the Parties, it is hereby ORDERED, ADJUDGED and DECREED as follows: JURISDICTION, VENUE AND PARTIES
1. This Court has subject-ma tter jurisdiction over the clai ms set forth in the abovereferenced complaints and to orde r the relief contained in this Consent Decree. Venue is proper in the United States District C ourt for the District of Columbia.
2. The Parties to this Consent Decree are ALA, NPCA, the Stat es (collectively, “Plaintiffs”) and EPA. There are no third-pa rty beneficiaries of th is Consent Decree.
EPA OBLIGATIONS
3. No later than December 14, 2012, EPA shall si gn a notice of final rulemaking setting forth its final decision pursuant to 42 U.S.C. § 7409(d)(1) concerning its review of the NAAQS for particulate matter and promulgating such revi sions to the NAAQS and/ or promulgating such new NAAQS as may be appropriate in accord ance with 42 U.S.C. §§ 7408 and 7409(b).4 4. EPA shall seek expedited publication in the Federal Register of the notice of final rulemaking signed pursuant to Paragraph 3 above, a nd shall deliver said no tice to the Office of the Federal Register for publication no later than three business days following signature of the notice. Following such delivery to the Office of Federal Register, EPA shall not take any action (other than is necessary to correct typographica l errors or other errors in form) to delay or otherwise interfere with publication of the notice in the Federal Register. EPA shall also make available to Plaintiffs a signed copy of the notice of final rulema king no later than three business days following signature of the notice. 5. EPA shall establish the effective date of the final decision described in Paragraph 3 above such that any final rule shall become effective, barring intervening congressional or judicial action, on the earliest date that co mplies with the Congressional Review Act, 5 U.S.C. § 801 et seq

. MODIFICATION OF THIS CONSEN T DECREE AND DI SPUTE RESOLUTION

6. The Parties may extend the deadline establis hed in Paragraph 3 by written stipulation executed by counsel for all Parties a nd filed with the Court on or befo re the date of that deadline; such extension shall take effect immediatel y upon filing the stipulat ion. In addition, EPA reserves the right to file with the Court a motion seeking to modify any deadline or other obligation imposed on EPA by Paragraphs 3, 4, 5 or 14. EPA shall give Plai ntiffs at least five business days’ written notice before filing such a motion. Plaintiffs reserve their rights to oppose any such motion on any applicable grounds.
7. Any other provision of this Consent D ecree may be modified by mutual written agreement of the Parties and order of the Court.5 8. In the event of a disput e among the Parties concerni ng the interpretation or implementation of, or compliance with, any provisi on of this Consent Decree, the disputing Party shall give the other Parties a wr itten notice explaining the nature of the dispute and requesting informal negotiations. If the Parties cannot in good faith reach an agreed-upon resolution within ten business days after receipt of the notice, any Party may m ove the Court to resolve the dispute.
CONTINUING JURISDICTI ON AND TERMINATION
9. The Court shall retain jurisdiction to dete rmine and effectuate compliance with this Consent Decree. When EPA’s obligations und er Paragraphs 3 through 5 above have been completed, and the Plaintiffs’ claims for costs of litigation have been resolved as provided in Paragraph 16, the Parties shall file a joint motion to terminate this Consent Decree, except that if there is a dispute regarding whether EPA has co mpleted its obligations, the Parties shall follow the procedures set forth in Paragraph 8.
SAVINGS PROVISIONS
10. The obligations imposed on EPA under th is Consent Decree ma y only be undertaken using appropriated funds. No provision of this Consent Decree shall be interpreted as or constitute a commitment or requirement that EP A obligate or pay funds in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or a ny other applicable federal statute.
11. Nothing in this Consent Decree shall be construed as an admission by any Party with respect to any issue of fact or law, or to waive or limit a ny claim or defense on any grounds except as expressly provided in this Consent Decree.6 12. Nothing in this Consent Decree shall be construed to limit, expand, or otherwise modify the discretion accorded to EPA by the Clean Air Act or by ge neral principles of administrative law, including the discretion to alte r, amend or revise any final action EPA takes pursuant to Paragraph 3, except th e deadline specified therein. EPA’s obligation to perform the actions described in Paragraphs 3 through 5 by th e times specified therein does not constitute a limitation, expansion or other m odification of EPA’s discretion within the meaning of this paragraph.
13. Nothing in this Consent Decree shal l be construed to confer upon this Court jurisdiction to review any issues that are within the excl usive jurisdiction of the United States Court of Appeals pursuant to 42 U.S.C. § 7607(b)(1), including but not limited to judicial review of any final action taken by EPA pursuant to Paragraph 3 or 5 above. Nothing in this Consent Decree shall be construed to waive any remedies or defe nses the Parties may have under 42 U.S.C. § 7607(b)(1) with resp ect to such final action.
NOTICE AND COMMENT UNDE R 42 U.S.C. § 7413(g)
14. The Parties agree and acknowledge that befo re this Consent Decr ee may be finalized and entered by the Court, EPA must provide notice of the Consent D ecree in the Federal Register and an opportunity for comment pursuant to 42 U.S.C. § 7413(g). EPA shall expeditiously prepare such notice and, within 7 days of lodging this Consent Decree with the Court, submit it to the Office of Federal Register for publica tion. After the Consent Decree has undergone the statutorily-required notice and comment opportun ity, the Administrator of EPA and/or the Attorney General, as appropria te, shall promptly consider any such written comments in determining whether to withdraw or withhold cons ent to this Consent D ecree in accordance with 42 U.S.C. § 7413(g). The Parties shall have until August 31, 2012, to file a motion to enter this7 Consent Decree. In the event th e Administrator and/or the Attorn ey General has not determined by that date whether to withdraw or withhold consent to this C onsent Decree, Parties shall file such other motion/s as may be appropriate in accordance with Paragraph 6 of this Consent
Decree. 15. No Party shall challenge any term of this Consent Decree or this Court’s jurisdiction to enter and enforce the Consent Decree. This paragraph shall not be construed to limit or modify the discretion of the Admi nistrator and/or the Attorney Ge neral pursuant to 42 U.S.C. § 7413(g).
COSTS OF LITIGATION
16. No later than 180 days after EPA complete s its obligation under paragraph 3 of this Consent Decree, Plaintiffs may apply to the Co urt for an award of costs of litigation, including attorneys’ fees, pursuant to 42 U.S.C. § 7604(d). EPA reserves any and all defenses or responses to any such application.
NOTICE TO PARTIES
17. Any notice required by or given in connec tion with this Consent Decree shall be made in writing, via facsimile, electronic mail or overnight delivery, and shall be sent to the following:
For ALA: Paul R. Cort Earthjustice 50 California Street, Suite 500 San Francisco, CA 94111 Phone: (415) 217-2077 Fax: (415) 271-2040 Email: pcort@earthjustice.org8 David S. Baron Earthjustice 1625 Massachusetts Avenue, NW, Suite 702 Washington, DC 20036-2212 Phone: (202) 667-4500 Fax: (202) 667-2356 Email: dbaron@earthjustice.org For the State Plaintiffs: Michael J. Myers Jane C. Cameron Assistant Attorneys General Environmental Protection Bureau New York State Attorney General The Capitol Albany, NY 12224 Phone: (518) 402-2594 Fax: (518) 473-2534 Email: michael.myers@ag.ny.gov jane.cameron@ag.ny.gov
For EPA : BRIAN H. LYNK United States Department of Justice Environmental Defense Section 601 D Street, NW, Suite 8000 Washington, DC 20004 Phone: 202-514-2219 Fax: 202-514-8865 Email: brian.lynk@usdoj.gov For U.S. Postal Service Overnight Mail Only: P.O. Box 7611 Washington, DC 20044
EFFECT OF SIGNATURE
18. This Consent Decree may signed in any num ber of separate count erparts. Once all Parties have signed, each separate counterpart shall be deemed to constitute an agreement among all Parties, subject to Paragraph 19.9 19. This Consent Decree shall become eff ective upon entry by the Court following the process described in Paragraph 14. If the Administrator and/or the Attorney General elects to withdraw or withhold consent at the conclusion of that process, then this Cons ent Decree shall not take effect and the Parties reserve any and all rights.
20. The undersigned representatives of each Party hereby certify that they are fully authorized by the Party or Parties they represent to bind that Party to th e terms of this Decree, subject to Paragraph 19.

SO ORDERED on this ________ day of _______________________, 2012.

__________________________________ ROBERT L. WILKINS United States District Judge1300 I Street, P.O. Box 944255 Sacramento, CA 94244 916 324-5475

By: FOR THE STATE OF MARYLAND

DOUGLAS F. GANSLER Attorney General

MARY E. RAIVEL Assistant Attorney General Office of the Attorney General Maryland Dept. of the Environment 1800 Washington Blvd.,S. 6048 Baltimore, MD 21230 410 537-3035

FOR THE COMMONWEALTH OF MASSACHUSETTS

MARTHA COAKLEY Attorney General FOR THE STATE OF NEW MEXICO

GARY KING Attorney General

By: ________ __

TANNIS FOX Assistant Attorney General Office of the Attorney General Water, Environ., and Util. Div. P.O. Box Drawer 1508 Santa Fe, NM 87504-1508 505 827-6695

FOR THE STATE OF OREGON

JOHN KROGER Attorney General

I. ANDREW GOLDBERG Assistant Attorney General Environmental Protection Div. 1 Ashburton Place, Rm. 1813 Boston, MA 02108 617 963-2429 PAUL S. LOGAN Assistant Attorney-in-Charge Natural Resources Section 1515 SW Fifth Ave., S.410 Portland, OR 97201 971 673-1880 By: By:

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### 1300 I Street, P.O. Box 944255

Sacramento, CA 94244 (916) 324-5475 FOR THE STATE OF FOR THE STATE OF MARYLAND NEW MEXICO DOUGLAS F. GANSLER GARY KING Attorney General Attorney General
By: By: MARY E. RAIVEL Assistant Attorney General Office of the Attorney General Maryland Dept. of the Environment 1800 Washington Blvd.,S. 6048 Baltimore, MD 21230 (410) 537-3035

FOR THE COMMONWEALTH OF MASSACHUSETTS TANNIS FOX Assistant Attorney General Office of the Attorney General Water, Environ., and Util. Div. P.O. Box Drawer 1508 Santa Fe, NM 87504-1508 (505) 827-6695

FOR THE STATE OF OREGON
JOHN KROGER Attorney General 

### MA A COAKLEY Attorney eneral
By: I ANDREWGI DBERG Assistant Attorney General Environmental Protection Div. 1 Ashburtcm Place, Rm. 1813 Boston, MA 02108 (617) 963-2429 PAUL S. LOGAN Assistant Attorney-in-Charge Natural Resources Section 1515 SW Fifth Ave., S. 410 Portland, OR 97201 (971) 673-1880

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