UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

SIERRA CLUB, Plaintiff,

v. BOB PERCIASEPE,in his official capacity as Acting Administrator ofthe United States Environmental Protection Agency,

Defendant. Civil Action No. 1:12-cv-01917 Hon. Rosemary M. Collyer

CONSENT DECREE WHEREAS,on November 28, 2012,Plaintiff Sierra Club filed a Complaint in this matter against Defendant Lisa P. Jackson, in her official capacity as Administrator ofthe United States Environmental Protection Agency (hereinafter, "EPA"), alleging that EPA failed to fulfill a nondiscretionary duty under Clean Air Act( "CAA")sections 110(k)(2)and (k)(3), 42 U.S.C. §§ 7410(k)(2), (k)(3), to take final action on a State Implementation Plan ( "SIP")submittal for the State ofWyoming regarding the infrastructure SIP requirements ofCAA sections 110(a)(2)(A)- (C),(E)-(H)and (~-(M), 42 U.S.0 §§ 7410(a)(2)(A)-(C),(E) -(H)and (J)-(M), with respect to the 1997 fine particulate matter National Ambient Air Quality Standard ( "Wyoming SIP Submittal"), and that such alleged failure is actionable under section 304(a)(2)ofthe CAA,42 U.S.C. § 7604(a)(2); WHEREAS,Sierra Club's Complaint further alleges that EPA failed to fulfill a nondiscretionary duty under CAA sections 110(k)(2)and (k)(3), 42 U.S.C. §§ 7410(k)(2), (k)(3), to take final action on a SIP submittal for the State ofConnecticut regarding the attainment demonstration requirements ofthe nonattainment SIP for the Greater Connecticut 1997 ozoneNational Ambient Air Quality Standard nonattainment area("Connecticut SIP Submittal"), and

that such alleged failure is actionable under section 304(a)(2)ofthe CAA,42 U.S.C. § 7604(a)(2); WHEREAS,the Parties wish to effectuate a complete and final settlement of

### Sierra Club

v. 

### Jackson, Case No. 1:12-cv-01917 (D.D.C.), without expensive and protracted litigation and without the admission ofany issue offact or law; WHEREAS,on August 21,2012,the United States Court ofappeals for the District of Columbia Circuit issued an opinion in 

### EME Homer City Generation v. EPA,No. 11 -1302 (D.C. Cir. 2012),vacating a final rule issued by EPA,and that opinion concerns state and EPA obligations with respect to 42 U.S.C. § 7410(a)(2)(D)(i)(I); WHEREAS,

the Parties,by entering into this Consent Decree,do not waive or limit any claim, remedy,or defense, on any grounds,related to any final EPA action; WHEREAS,the Parties consider this Consent Decree to be an adequate and equitable resolution ofall ofthe claims in the above

-captioned case; WHEREAS,the Court,by entering this Consent Decree,finds that the Consent Decree is fair,reasonable, in the public interest, and consistent with the CAA,42 U.S.C. §§ 7401-7671q; NOW THEREFORE,before the taking oftestimony,without trial or determination of any issue oflaw or fact, and upon the consent ofthe Parties, it is hereby ORDERED, ADJUDGED and DECREED that:

This Court has subject matter jurisdiction over the claims set forth in the complaint and to order the relief contained in this Consent Decree. Venue is proper in the United States District Court for the District ofColumbia.

22. The appropriate EPA official shall, no later than October 1 ~, 2013, sign for

publication in the Federal Register a notice of final rulemaking taking action on the Wyoming SIP Submittal. The appropriate EPA official shall no later than December 16, 2013, sign for publication in the Federal Register a notice offinal rulemaking taking action on the Connecticut SIP Submittal. 4. After signing each of the notices described in Paragraphs 2 and 3 of this Consent Decree, EPA shall deliver, within fifteen (15)business days, notice of such actions to the Office ofFederal Register for review and publication.

The deadlines in Paragraphs 2, 3 and 11 may be extended by (a)written stipulation executed by counsel for Sierra Club and EPA with notice to the Court, or (b)by the Court on a motion ofEPA for good cause shown pursuant to the Federal Rules of Civil Procedure, and upon consideration of any response by Sierra Club and any reply by EPA. Any other provision of this Consent Decree may be modified by the Court following motion of Sierra Club or EPA for good cause shown pursuant to the Federal Rules of Civil Procedure and upon consideration of any opposition by the non-moving party and any reply. 6. Sierra Club and EPA shall not challenge the terms of this Consent Decree or this Court's jurisdiction to enter and enforce this Consent Decree. 7. Sierra Club and EPA agree that this Consent Decree shall constitute a complete and final settlement ofall claims that Sierra Club has asserted against the United States, including EPA,under any provision of law in connection with Sierra Club v. Jackson, Case No. 1:12-cv-01917 (D.D.C.). Sierra Club therefore discharges and covenants not to sue the United States, including EPA,for any such claims.Nothing in this Consent Decree shall be construed to limit or modify any

discretion accorded EPA by the CAA or by general principles of administrative law in taking the actions which are the subject ofthis Consent Decree, including the discretion to alter, amend, or revise any responses or final actions contemplated by this Consent Decree. EPA's obligation to perform the actions specified in this Consent Decree by the times specified herein does not constitute a limitation or modification ofEPA's discretion within the meaning ofthis paragraph. 9. Nothing in this Consent Decree shall be construed as an admission ofany issue of fact or law to waive or limit any claim,remedy,or defense, on any grounds,related to any final action EPA may take with respect to the actions addressed in this Consent Decree. 10. Nothing in this Consent Decree shall be construed to: (a)confer upon this Court jurisdiction to review any issues that are within the exclusive jurisdiction ofthe United States Courts ofAppeals pursuant to CAA sections 307(b)(1), 42 U.S.C. §§ 7607(b)(1); ar (b)waive any claims,remedies, or defenses the Parties may have under CAA section 307(b)(1), 42 U.S.C. § 7607(b)(1). 11. The deadline for filing a motion for costs oflitigation, including reasonable attorney's fees, incurred prior to entry ofthis Consent Decree is hereby extended until sixty (60} days after the entry ofthis Consent Decree by this Court. During this time,the Parties shall seek to resolve informally any claim for costs oflitigation, including reasonable attorney's fees, and if they cannot, will submit that issue to the Court for resolution. The United States does not waive

or limit any defenses it may have to such claim. The Court shall retain jurisdiction to resolve any requests for costs of litigation, including reasonable attorney's fees. 12. The Parties recognize and acknowledge that the obligations imposed upon EPA under this Consent Decree can only be undertaken using appropriated funds legally available forsuch purpose. No provision ofthis Consent Decree shall be interpreted as or constitute a

commitment or requirement that the United States obligate or pay funds in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other applicable provision of law. 13. Any notices required or provided for by this Consent Decree shall be made in writing, via facsimile or other means,and sent to the following: For Plaintiff Sierra Club: KIMBERLY (KASEY) A. STURM 260 Peachtree Street,NW Suite 1200 Atlanta, Georgia 30312 Office: 404.525.9205 Fax: 404.522.0275 ksturm@stack-envirolaw. com For Defendant EPA: SECTION CHIEF U.S. Department of Justice Environment &Natural Resources Division Environmental Defense Section P.O. Box 7611 Washington, D.C. 20044 Fax: (202)514-8865 MATTHEW MARKS Office ofthe General Counsel U.S. Environmental Protection Agency Ariel Rios Bldg., MC 2344A 1200 Pennsylvania Ave.,N.W. Washington, D.C. 20460 Phone: (202)564-3276 Fax: (202)564-5603 Marks. Matthew @epa. gov 14. In the event of a dispute between the Parties concerning the interpretation or implementation ofany aspect ofthis Consent Decree,the disputing party shall provide the other party with a written notice outlining the nature ofthe dispute and requesting informal

5

### negotiations. Ifthe Parties cannot reach an agreed-upon resolution within fifteen (15)business

days after receipt ofthe notice, either party may move the Court to resolve the dispute. 15. No motion or other proceeding seeking to enforce this Consent Decree or for contempt ofCourt sha11 be properly filed unless Sierra Club has followed the procedure set forth in Paragraph 14,and provided EPA with written notice received at least fifteen (15)business days before the filing ofsuch motion or proceeding. 16. The Court shall retain jurisdiction to determine and effectuate compliance with this Consent Decree. When EPA's obligations under Paragraphs 2 and 3 have been completed, any relevant notices have been published in the Federal Register, and any claim for costs of litigation, including reasonable attorney's fees,has been resolved pursuant to the process described in Paragraph 11,the above

-captioned matter shall be dismissed with prejudice. EPA shall file an 

### appropriate notice with the Court that the Clerk may close the file. 17. The Parties agree and acknowledge that before this Consent Decree can be finalized and entered by the Court,EPA must provide notice in the Federal Register and an opportunity for comment pursuant to CAA section 113(g),42 U.S.C. § 7413(g). EPA will deliver a public notice ofthis Consent Decree to the Federal Register for review,publication, and public comment promptly after lodging this Consent Decree with the Court. After this Consent Decree has undergone an 

### opportunity for notice and comment,the Administrator and the Attorney General,as appropriate, will promptly consider any such written comments in determining whether to withdraw or withhold consent to this Consent Decree,in accordance with section 113(g)ofthe CAA,42 U.S.C. § 7413(g). Ifthe Administrator and the Attorney General elect not to withdraw or withhold consent to this Consent Decree, the Parties will promptly file a motion that requests the Court to enter this Consent Decree.

D18. The undersigned representatives ofeach party certify that they are fully

authorized by the party they represent to bind that party to the terms ofthis Consent Decree. Respectfully submitted, Robert G. Dreher Acting Assistant Attorney General United States Department of Justice Environment and Natural Resources Division

Dated: U~.a-b, 2013 By: Heather E. Gange Environmental Defense Section D.C. Bar No. 452619 U.S. Department of Justice P.O. Box 7611 Washington,D.C. 20044 Phone: (202)514-4206 Fax: (202)514-8865 Email: Heather.Gange@usdoj.gov Counsel for EPA

Dated: April 18, 2013 By: .s, %" Kase~~ Sturm KIMBERLY [KASEY]A. STURM 260 Peachtree Street,NW Suite 1200 Atlanta, Georgia 30312 Office: 404.525.9205 Fax: 404.522.0275 ksturm@stack-envirolaw. com

SO ORDERED: ,2013 Counsel for Plaintiff

7 Hon. Rosemary M.Collyer United States District Judge