1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

AMERICAN LUNG ASSOCIATION 1301 Pennsylvania Avenue, NW, Suite 800 Washington, DC 20004,
ENVIRONMENTAL DEFENSE FUND 257 Park Avenue South, 17th Floor New York, NY 10010, CLEAN AIR COUNCIL, Suite 300, 135 South 19th Street Philadelphia, PA 19103, and ENVIRONMENT AND HUMAN HEALTH, INC. 1191 Ridge Road North Haven, CT 06473, Plaintiffs,

v. REGINA MCCARTHY, Administrator, United States Environmental Protection Agency, in her official capacity Ariel Rios Building 1200 Pennsylvania Avenue, NW Washington, DC 20460, Defendant. ) ) ) ) ) Civil Action No. ______________ ) ) ) COMPLAINT FOR ) DECLARATORY AND INJUNCTIVE ) RELIEF ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

INTRODUCTION
1. Plaintiffs American Lung Association, Envi ronmental Defense Fund, Clean Air Council, and Environment and Human Health, Inc. bring th is action pursuant to the Clean Air Act (the “Act”), 42 U.S.C. §§ 7411, 7604(a)(2), to compel Defendant Regina McCarthy, in her official

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 1 of 142 capacity as Administrator of th e United States Environmental Protection Agency (“EPA”), to comply with her nondiscretionary duty under se ction 111(b)(1)(B) of th e Act to review and revise, as appropriate, th e new source performance standards for new residential wood heaters. 42 U.S.C. § 7411(b)(1)(B). This category of sources includes high-emitting stationary wood stoves, furnaces, and boilers discharging large volumes of wood smoke that harms human health, adversely impacts property values, and is a signif icant source of dangero us particulate pollution despite the wide availabili ty of cleaner and highly cost-effective technologies. JURISDICTION AND VENUE
2. This Court has jurisdiction over this action pursuant to 42 U.S.C. § 7604(a)(2) (citizen suits for failure to perform a nondiscretionary duty required by the Clean Air Act) and 28 U.S.C. §§ 1331 and 1361. The relief requested herein by Plaintiffs is authorized under 42 U.S.C. § 7604 and 28 U.S.C. §§ 2201, 2202, and 1361.
3. By certified letter to EPA Administrator Regina McCa rthy posted on August 1, 2013, Plaintiffs gave notice of this action as require d by section 304(b)(2) of the Clean Air Act, 42 U.S.C. § 7604(b)(2), and 40 C.F.R. Part 54.
4. More than 60 days have passed since EPA r eceived the notice letter from Plaintiffs, but EPA has not remedied the violations alleged in the notice letter and in this Complaint.
5. Venue is proper in this Court under 28 U.S.C. § 1391(e) because Defendant EPA Administrator Regina McCarthy has her principal office here and a s ubstantial part of the events or omissions giving rise to the claims occurred here. PARTIES
6. Plaintiff American Lung Associ ation is a national voluntary he alth organization dedicated to saving lives by improving lung health and preventi ng lung disease. Core to that mission is the

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 2 of 143 Lung Association’s commitment to protect the public from unhealthy air pollution. The Lung Association acts to defend and enforce the Cl ean Air Act and works to ensure that EPA establishes protective standards to reduce air pollution so that all Americans can have air that is safe and healthy to breathe. Now in its sec ond century, the Lung Associ ation pursues its mission through research, education and advocacy.
7. Plaintiff Environmental Defe nse Fund (“EDF”) is a national membership organization with over 300,000 members residing throughout the United States. EDF works to link science, economics, and law to create innovative, equitabl e, and cost-effective solutions to the most urgent environmental problems. EDF is dedicated to carrying out the interests of its members in protecting and enhancing the qua lity of the human and natura l environment by, among other things, advocating the deploymen t of effective pollution contro l technologies, the design of national policies to reduce air po llution, the use of adequate info rmation and rigorous science in governmental decisions affecti ng the environment, and promoting the availability of sound public information regarding the state of huma n health and the environment, including the impacts and extent of air pollution. Protecting pu blic health and the e nvironment from harmful airborne pollutants is a core or ganizational mission, and EDF regular ly participates in regulatory and judicial proceedings on air pollution pol icy at the federal and state levels.
8. Plaintiff Clean Air Council is dedicated to prot ecting the right to brea the clean air and has fought for more than 40 years to improve air qual ity across Pennsylvania. On behalf of its more than 8,000 members in the mid-Atlantic regi on, the Council works thro ugh public education, community advocacy, and government oversight to ensure the enforcem ent of environmental laws. Reducing air emissions from wood heaters by ensuring the most protective standards are adhered to and the best pollution control technolo gy is applied is an organizational priority for

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 3 of 144 the Council because of the rapidly increasing use of these systems in the mid-Atlantic and the impact of their emissions on the Council’s members.
9. Plaintiff Environment and Hu man Health, Inc. (“EHHI”) is a non-profit organization headquartered in Connecticut and composed of p hysicians, public health professionals and policy experts dedicated to protecting human health from environmental harms. EHHI works to communicate information about environmental health risks to those exposed and to public and private officials, thereby empowe ring individuals and groups to ta ke control over the quality of their environment and protect themselves and th eir families, and to promote policies in all sectors that ensure the protec tion of human and environmenta l health. EHHI has published reports on the dangers of wood smoke and has ad vocated at all levels of government for the control of air pollution from wood heaters.
10. Plaintiffs are persons within the meaning of Clean Air Act sections 302(e) and 304(a), who bring this action on behalf of themselves; Plaintiffs American Lung Association, Environmental Defense Fund, and Clean Air Council also bring this action on behalf of their adversely affected members. See 42 U.S.C. §§ 7604(a) (autho rizing “any person” to commence a civil action under that provisi on), 7602(e) (defining “perso n” under the Clean Air Act to include an association).
11. Defendant Regina McCarthy is the Administrator of the U.S. Environmental Protection Agency, and in that capacity is charged with the duty to fulfill each of the responsibilities delegated to her, and to fulfill the objectives of the Clean Air Act and take all regulatory actions required therein. She is sued in her official capacity.

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 4 of 145 STATUTORY AND REGU LATORY BACKGROUND
12. A central purpose of the Clean Air Act is “to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare a nd the productive capacity of its population.” 42 U.S.C. § 7401(b)(1). The Act also has a primary goal “to encourage or otherwise promote reasonable Federal, State, an d local governmental actions, consistent with the provisions of this chapter, for pollution prevention.” Id. § 7401(c).
13. To further these objectives, the Act requires th e Administrator of EP A to publish a list of each category of stationary sour ce that “causes, or contributes significantly to, air pollution which may reasonably be anticipated to endanger public health or welfare.” Id. § 7411(b)(1)(A); see also id. § 7411(a)(3) (defining “stationary source”).
14. Once the Administrator has listed such a source category, the Administrator must promulgate federal standards of performance to control emissions from new sources in that category. Id. § 7411(b)(1)(B). 15. These standards of performance must “r eflect[] the degree of emission limitation achievable through the application of the best sy stem of emission reduction which (taking into account the cost of achieving su ch reduction and any nonair qual ity health and environmental impact and energy requirements) the Admini strator determines has been adequately demonstrated.” Id. § 7411(a)(1). EPA refers to this leve l of control as refl ecting the application of the “best system of emission reduction.”
16. To ensure that the standards of performance continue to reflect the best system of emission reduction, the Clean Air Act requires that the Administ rator “shall, at least every 8 years, review and, if appropriate, revise such standards following the pr ocedure required by this subsection for promulgation of such st andards.” 42 U.S.C. § 7411(b)(1)(B).

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 5 of 146 17. The required determination of whether it is ap propriate to revise ex isting standards, and the standard-setting itself, must be subjected to public notice to “afford interested persons an opportunity for written comment.” Id. The Act also specifies rulemaking procedures for “the promulgation or revision of any standard of performance under section 7411 of this title.” Id. § 7607(d)(1)(C); see id. § 7607(d)(2)-(10).
18. As part of the required revisi on of, or the determination not to revise, any such standard, the Administrator must address whether “impleme ntation and enforcement of any requirement of this chapter indicate that emission limitations and percen t reductions beyond those required by the standards promulgated under this section are achieved in practice.” Id. § 7411(b)(1)(B). If so, the Administrator must “consider the emission limitations and percent reductions achieved in practice” when revising such a standard. Id. 19. The Act permits the Administrator to forego the required review of the standards for a source category only if the Administrator “determine s that such review is not appropriate in light of readily available information on the efficacy of such standard.” Id. FACTUAL BACKGROUND
20. In 1987, EPA made the determination that wood heaters “contribute significantly to air pollution which may reasonably be anticipated to endanger public hea lth and welfare,” and added this source category to th e list established under 42 U.S.C. § 7411(b)(1)(A). Standards of Performance for New Stationary Sources; Listi ng of Residential Wood Heaters for Development of New Source Performance Standards, 52 Fed. Reg. 5065, 5065-66 (Feb. 18, 1987) (“1987 Listing Determination”).
21. In its 1987 Listing Determination, EPA found that this source category accounts for “about 15 percent” of particulate matter (“PM”) emissions nationwide. 52 Fed. Reg. at 5066.

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 6 of 147 Moreover, because their use is concentrated in certain parts of the country, EPA found that “[w]ood heaters create significant air quality problems” in such areas. Id. EPA also noted that “[m]ore than 80 percent of the PM emissi ons from wood heaters are smaller than 2.5 micrometers and almost all particles are less th an 10 micrometers,” a size which enables these PM emissions to “penetrate to the tracheo-br onchial and alveolar re gions of the lung.” Id. EPA further explained that “[d]eposition in this regi on of the lung is of concern because the body may take years to remove the particles and repair the damage they cause. Exposure to these small particles can increase coughing a nd chest discomfort, aggravate cardiovascular diseases, and may increase the adverse health effects of gaseous air pollutants.” Id.
22. EPA also found in its 1987 Listing Determina tion that this source category emits other harmful pollutants in addition to PM. For example, EPA noted that wood heaters “emit large quantities” of carbon monoxide. Id. EPA also observed that “[a] portion of the PM emitted from wood heaters is in the form of polycyclic organic matter (POM), a class of compounds containing carcinogens. Wood heaters account for most of the POM emitted by stationary
sources.” Id. And EPA affirmed that these pollutants ar e “released at low heights in residential areas,” causing “relatively high levels of exposure to human populations.” Id.
23. In 1988, EPA promulgated standards of perf ormance for new wood heaters pursuant to 42 U.S.C. § 7411(b)(1)(B). See Standards of Performance for New Stationary Sources; New Residential Wood Heaters, 53 Fed. Reg. 5860 (Fe b. 26, 1988) (codified at 40 C.F.R. Part 60, Subpart AAA). These standards limit PM emissions from certain types of new wood heaters.
See 40 C.F.R. § 60.532 (PM standards); id. § 60.530(h) (exempting certain types of wood heaters). Depending on whether a regulated wood heater is equipped with a catalytic filter,

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 7 of 148 EPA’s 1988 standards limit PM emissions to either 4.1 grams per hour (“g/hr”) or 7.5 g/hr. Id. § 60.532(b)(1) & (2).
24. In the 25 years since EPA issued its em ission standards, wood smoke pollution has continued to endanger pub lic health in part due to EPA’s failu re to undertake needed revisions to these standards. High-emitting residential wood stoves, furnaces, and boilers continue to account for approximately 13% of the nation’s PM emissions and 62% of total emissions of polycyclic aromatic hydrocarbons, a ccording to EPA. In certain areas of the country, these sources account for the majority of wintertime PM emissions, and contribute to violations or threatened violations of health -based air quality standards for PM. Moreover, EPA’s latest Integrated Science Assessment for Particulate Ma tter, completed in 2009, reported studies that specifically found wood smoke associated with an increased risk of cardiovascular mortality, as well as increased emergency department visits from cardiovascular dise ase, and respiratory diseases. See EPA, Integrated Science Assessment for Particulate Matter (2009) (EPA Doc. No. EPA/600/R-08/139F). Recent scientific literature has also highlighted the variety of toxic and in some cases potentially carcinogenic pollutants th at make up wood smoke, as well as the role of wood smoke exposure in contributing to chil dhood asthma, asthma hospitalizations, and impaired lung function in children. See Luke P. Naeher et al., Woodsmoke Health Effects: A Review, 19 Inhalation Toxicology 67, 83-87 (2007).
25. Improvements in technology have enabled reductions in PM emissions far below the levels EPA requires, and as a result, EPA’s standards of performance no longer reflect the application of the best system of emission re duction. For example, the State of Washington requires wood stoves, furnaces, and boilers to meet PM emission standards that are 40 percent more stringent than EPA’s standards of performance. See W ASH

. A DMIN
. C ODE § 173-433-

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 8 of 149 100(3) (applying PM standards as low as 2.5 g/h r). Moreover, EPA’s own data shows that many of these sources far surpass even the Washington standards, achieving PM emission rates of less than 1 g/hr. See EPA, List of EPA Certified Wood Stoves (Aug. 2013), available at http://www.epa.gov/burnwise/woodstoves.html (l ast visited Oct. 8, 2013).
26. Another impact of EPA’s failure to review th e standards of performance for this source category according to the Act’s prescribed sche dule is that some types of high-emitting wood stoves, furnaces, and boilers that are exempt fr om EPA’s standards have gained market share since 1988 and now account for a significant perc entage of new sales and emissions. For example, outdoor wood boilers – which are exempt from the current standards of performance – have grown in popularity since 1988. See New York Office of the Attorney General, Smoke Gets in Your Lungs: Outdoor Wood Boilers in New York State 5 (Mar. 2008). EPA has found that a single poorly-controlled outdoor wood boiler can emit enough sm all particles to cause nearby PM levels to exceed EPA’s health-bas ed ambient air quality standards. See EPA, Strategies for Reducing Residential Wood Smoke (2009) at 6 (EPA Doc. No . EPA-456/B-09-001). Several states have now adopted their own standard s for outdoor wood boilers , demonstrating the availability of systems of emissi on reduction for these wood heaters. See , e.g. , V T
. C ODE R. § 16-3-100:5-204(e)(2)(ii) (applying an 18 g/hr maximum test run st andard to certain outdoor wood boilers).
27. Plaintiffs have learned that a draft proposed rule to revise the st andards of performance for this source category is currently under review at the White House Office of Management and Budget. It is not certain whether, or when, that proposed rule will ultimately be signed by the Administrator and published for public comment.

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 9 of 1410 SPECIFIC ALLEGATIONS
28. The Clean Air Act mandates that the Administra tor “review, and if appropriate, revise” the standards of performance for each category of sources “at least every 8 years.” 42 U.S.C. § 7411(b)(1)(B). The only exception to this requirement is if the Administrator “determines that such review is not appropriate in light of read ily available information on the efficacy of such standard.” Id. 29. EPA has neither completed a review of th e standards of performance for new wood heaters, nor promulgated a determin ation that such review is not “appropriate in light of readily available information on the efficacy of such standard,” as required by 42 U.S.C. § 7411(b)(1)(B) “at least every 8 years,” i.e. , in 1996, 2004, and 2012.
30. EPA has also neither finalized a revision of the standards of performance for new wood heaters, nor promulgated a determination that su ch a revision is not “appr opriate,” as required by 42 U.S.C. § 7411(b)(1)(B) “at least every 8 years,” i.e. , in 1996, 2004, and 2012.
31. Therefore, the Administrator has failed to perform the actions required under section 111(b)(1)(B) of the Clean Air Act, 42 U.S.C. § 7411(b)(1)(B), and such actions are “not discretionary with the Administrator.” 42 U.S.C. § 7604(a)(2).
32. The Administrator’s ongoing failure to review and revise the sta ndards of performance for this source category has resulted, is resulting, and will continue to result in higher emissions of air pollutants from new wood heaters than woul d be permitted if EPA were to complete the required actions. PLAINTIFFS’ INJURIES
33. For the reasons set forth above and below, Pl aintiffs and their members have been and will continue to be harmed by the Administrato r’s failure to act as complained of herein.

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 10 of 1411 34. Plaintiffs are non-profit orga nizations whose purposes incl ude protecting public health and the environment from air po llution, including the adverse impacts of emissions from wood stoves, furnaces, and boilers that are within th e source category at issue herein. They pursue these goals through public education, advocacy, and litigation to enforce and strengthen environmental laws and to prevent, reduce, and mitigate air pollution and its adverse effects. Plaintiffs include organizations that analyze and provide thei r members and the public with information regarding the advers e impacts of air pollution, the potential for robust pollution control technologies, and a variety of other solutions to eval uate, influence, and implement welldesigned policies and governmental actions to protect human health and the environment.
35. The Administrator’s ongoing failure to review and revise the sta ndards of performance for wood heaters injures Plainti ffs and their members by depriving them of the benefits that would result from such actions. Such benefits include reductions in harmful levels of air pollutants and air pollution and the resulting im provements in the members’ health, aesthetic, recreational, and economic interests caused by such pollution reductions.
36. Plaintiffs include organizations that have members who reside , work, travel, and recreate in areas of the United States where they ar e exposed to unhealthful air pollution from wood stoves, furnaces, and boilers that are within th e source category at issue herein. Such air pollution threatens the health and welfare of those members, as does air pollution from new such devices that are regularly insta lled in such areas on an ongoing basis. Those members have experienced and continue to experience or are likely to experience harm to their health, environmental, recreational, aesthetic, and econo mic interests due to the Administrator’s ongoing failure to take the actions required by 42 U. S.C. § 7411 to reduce emissions from new wood stoves, furnaces, and boilers.

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 11 of 1412 37. Further, the Administrator’s failure to act has deprived and continues to deprive Plaintiffs and their members of procedural rights establis hed by the Clean Air Act to protect Plaintiffs’ threatened interests. If this Court orders the Administrator to take the required actions described above, Plaintiffs and their members will be affo rded the ability to provide public comments on the Administrator’s data, analysis, legal interpre tations, and policy considerations and to have EPA issue a public response to those comments. See id. §§ 7411(b)(1)(B), 7607(d). Among other things, Plaintiffs and their members woul d publicly advocate for the appropriateness of stronger and more comprehensive standards of performance for wood combustion, and to provide information relevant to the design of those standards. The Administrator’s ongoing failure to act has denied Plaintiffs and their members those rights.
38. Finally, the Administrator’s fa ilure to act as required by 42 U.S.C. § 7411(b)(1)(B) has injured Plaintiffs and their members by deprivin g them of information (including data, findings, and determinations regarding emissions from th e source category at issu e herein and relevant pollution control technologies) to which they would have access if EPA had taken the required regulatory actions. The Clean Ai r Act grants the public a right to all records, reports, and information that EPA collects. See 42 U.S.C. § 7414(c) (providing limited exceptions). Plaintiffs have an interest in accessing this in formation. For example, Plaintiffs would use the information to carry out their missions by edu cating their members and/or the public about emissions from wood stoves, furnaces, and boilers and available control technologies to reduce those emissions. 39. For all of the foregoing reasons, in connection with the allega tions in all paragraphs of this complaint, above and below, the failures comp lained of herein cause Plaintiffs injuries for

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 12 of 1413 which they have no adequate remedy at law. Granting the requested reli ef would redress these injuries. CLAIMS FOR RELIEF
1. Violation of Section 111(b)(1)( B) of the Clean Air Act: Continuing Failure to Perform Nondiscretionary Act or Duty
40. The allegations of all foregoing paragraphs ar e hereby incorporated as if set forth fully herein.
41. The Administrator’s failure either to complete a review of the standards of performance for wood heaters, or to issue a determination “tha t such review is not appropriate in light of readily available information on the efficacy of such standard,” in accordance with 42 U.S.C. § 7411(b)(1)(B), constitutes the failure to perform an act or duty that is not discretionary with the Administrator within the meaning of section 304(a)(2) of the Clean Air Act, 42 U.S.C. § 7604(a)(2), which failure is ongoi ng as of the present time.
42. The Administrator’s failure ei ther to revise the standa rds of performance for wood heaters, or to issue a determination that such a revision is not “appropriate ,” in accordance with 42 U.S.C. § 7411(b)(1)(B), constitutes the failur e to perform an act or duty that is not discretionary with the Administrator within th e meaning of section 304( a)(2) of the Clean Air Act, 42 U.S.C. § 7604(a)(2), which failure is ongoing as of the present time. RELIEF REQUESTED WHEREFORE, Plaintiffs respectf ully request that the Court: (1) Declare that the Administrator’s failure either to review or determine not to review the standards of performance for wood heaters, and the Administrator’s failure either to revise or determine not to revise the st andards of performan ce for wood heaters as required by Clean Air Act section 111(b)(1)(B ), 42 U.S.C. § 7411(b)(1)(B), constitutes Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 13 of 1414 the failure of the Administrator to perform an act or duty that is not discretionary within the meaning of 42 U.S.C. § 7604(a)(2). (2) Order the Administrator either to complete a review and make all a ppropriate revisions to the standards of performance for wood heaters, or to issue a final determination that completing such a review is not appropriate in light of readily available information on the efficacy of such standard, in accordance with 42 U.S.C. § 7411(b)(1)(B), pursuant to an expeditious deadline es tablished by this Court; (3) Retain jurisdiction to ensure compliance with the Court’s decree; (4) Award Plaintiffs the costs of this ac tion, including attorn eys’ fees; and, (5) Grant such other relief as th e Court deems just and proper.

DATED: October 9, 2013 Respectfully Submitted, /s/ Timothy D. Ballo_______________ Timothy D. Ballo David S. Baron Earthjustice 1625 Massachusetts Ave., NW Suite 702 Washington, DC 20036 (202) 667-4500 tballo@earthjustice.org dbaron@earthjustice.org Counsel for American Lung Association, Environmental Defense Fund, Clean Air Council, and Environment and Human Health, Inc. Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 14 of 14	
	 


 	
		




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### /s/ Timothy D. Ballo Clean Air Act, 42 USC §§ 7411, 7604(a)(2). Failure to review and update wood heater air pollution standards. 

### ✘ 

### ✘ 10/9/2013 Case 1:13-cv-01555 Document 1-1 Filed 10/09/13 Page 2 of 2AO 440 (Rev. 06/12) Summons in a Civil Action 

# U NITED 

# S TATES 

# D ISTRICT 

# C OURT for the

) ) ) ) ) ) ) ) ) ) ) ) Plaintiff(s) v. Civil Action No.

Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date: Signature of Clerk or Deputy Clerk District of Columbia

AMERICAN LUNG ASSOCIATION, ENVIRONMENTAL DEFENSE FUND, CLEAN AIR

COUNCIL, and ENVIRONMENT AND HUMAN HEALTH, INC.

REGINA MCCARTHY, Administrator, United States

Environmental Protection Agency, in her official capacity

Eric H. Holder, Jr. U.S. Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001

Timothy D. Ballo Earthjustice 1625 Massachusetts Ave., NW, Suite 702 Washington, DC 20036 Case 1:13-cv-01555 Document 1-2 Filed 10/09/13 Page 1 of 1AO 440 (Rev. 06/12) Summons in a Civil Action 

# U NITED 

# S TATES 

# D ISTRICT 

# C OURT for the

) ) ) ) ) ) ) ) ) ) ) ) Plaintiff(s) v. Civil Action No.

Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date: Signature of Clerk or Deputy Clerk District of Columbia

AMERICAN LUNG ASSOCIATION, ENVIRONMENTAL DEFENSE FUND, CLEAN AIR

COUNCIL, and ENVIRONMENT AND HUMAN HEALTH, INC.

REGINA MCCARTHY, Administrator, United States

Environmental Protection Agency, in her official capacity

Regina McCarthy Administrator, U.S. EPA Ariel Rios Building 1200 Pennsylvania Avenue, NW Washington, DC 20460

Timothy D. Ballo Earthjustice 1625 Massachusetts Ave., NW, Suite 702 Washington, DC 20036 Case 1:13-cv-01555 Document 1-3 Filed 10/09/13 Page 1 of 1AO 440 (Rev. 06/12) Summons in a Civil Action 

# U NITED 

# S TATES 

# D ISTRICT 

# C OURT for the

) ) ) ) ) ) ) ) ) ) ) ) Plaintiff(s) v. Civil Action No.

Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date: Signature of Clerk or Deputy Clerk District of Columbia

AMERICAN LUNG ASSOCIATION, ENVIRONMENTAL DEFENSE FUND, CLEAN AIR

COUNCIL, and ENVIRONMENT AND HUMAN HEALTH, INC.

REGINA MCCARTHY, Administrator, United States

Environmental Protection Agency, in her official capacity

Ronald C. Machen, Jr. U.S. Attorney for the District of Columbia Judiciary Center Building 555 Fourth Street, NW Washington, DC 20530

Timothy D. Ballo Earthjustice 1625 Massachusetts Ave., NW, Suite 702 Washington, DC 20036 Case 1:13-cv-01555 Document 1-4 Filed 10/09/13 Page 1 of 1