UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

__________________________________________ ) CLEAN AIR COUCIL, ) ) Plaintiff, ) v. ) Case No. 12-cv-00707 ) BOB PERCIASEPE, in his official ca pacity ) Hon. Richard W. Roberts as Acting Administrator of the United States ) Environmental Protection Agency, ) ) Defendant. ) __________________________________________)

NOTICE OF LODGING OF PROPOSED CONSENT DECREE PLEASE TAKE NOTICE that Defendant B ob Perciasepe, Acting Administrator of the United States Environmental Protection Agency (“EPA”) submits for lodging only with this Court a proposed consent decr ee in the above-referenced action. The proposed consent decree should not be entered unless EPA subse quently moves this Court to do so. 1. Plaintiff’s Second Amended Complaint in this action was filed pursuant to section 304(a)(2) of the Clean Air Act, 42 U.S.C. § 7604(a)(2), alleging that, inter alia , EPA failed to fulfill a nondiscretionary duty under Clean Air Act (“CAA”) section 110(c)(I)(a), 42 U.S.C. § 7410(c)(I)(a), to promulgate a federal implemen tation plan for the 1997 fine particulate matter National Ambient Air Quality Standard (“NAAQS”) in the Commonwealth of Pennsylvania. Plaintiff also alleged, inter alia , that EPA failed to fulfill a nondiscretionary duty under CAA section 179(c)(1-2), 42 U.S.C. § 75 09(c)(1-2), to publish a notice of determination in the FederalRegister regarding whether the Liberty-Clairton area in the Commonwealth of Pennsylvania has attained the NAAQS. 2. The Plaintiff and EPA have resolved the substantive claims in this case, and have set forth their agreement in the proposed consen t decree that is being submitted to the Court herewith for LODGING ONLY (not for entry). 3. Pursuant to Clean Air Act section 113(g), 42 U.S.C. § 7413(g), notice of the proposed consent decree must be given to th e general public and an opportunity for comment provided. EPA will publish the required notice in the Federal Register as soon as is practicable. Interested parties then will have thirty (30) days during which to comment or object to the proposed consent decree. 4. If no comments are received within th e thirty (30) day public comment period, the United States will so advise the Court and move the Court to enter the proposed consent decree. 5. Should comments be received during the thirty (30) day public comment period, the United States will consider the submitted comments and make an appropriate motion. 6. A copy of the proposed consent decree is attached hereto as E xhibit A. The United States respectfully requests that this Court lodge the proposed consen t decree, but not file it unless the United States affirmatively moves for its entry after evaluating any public comments received during the thirty (30) day secti on 113(g) public comment period.Dated: March 26, 2013 Respectfully submitted,
IGNACIA S. MORENO Assistant Attorney General United States Department of Justice Environment & Natural Resources Division __/s/ Heather E. Gange

__ HEATHER E. GANGE United States Department of Justice Environment & Natural Resources Division Environmental Defense Section P.O. Box 23986 Washington, DC 20026-3986 Tel: (202) 514-4206 Fax (202) 514-8865 E-mail: Heather.Gange@usdoj.govUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

__________________________________________ ) CLEAN AIR COUCIL, ) ) Plaintiff, ) v. ) Case No. 12-cv-00707 ) BOB PERCIASEPE, in his official ca pacity ) Hon. Richard W. Roberts as Acting Administrator of the United States ) Environmental Protection Agency, ) ) Defendant. ) __________________________________________)

CERTIFICATE OF SERVICE I, Heather E. Gange, certify that on this 26th day of March 2013, I electronically filed the foregoing NOTICE OF LODGING OF PROPOSED CONSENT DECREE with the Clerk of the Court using the ECF system, which e ffected service on the following:
Robert Ukeiley rukeiley@igc.org Counsel for Plaintiff I further certify that on this 26 th day of March, 2013, a true and correct copy of the foregoing NOTICE OF LODGING OF PROPOS ED CONSENT DECREE was served on the following by U.S. mail, postage pre-paid: KIMBERLY A. STURM, ESQ. Stack & Associates, P.C. 260 Peachtree Street, Suite 1200 Atlanta, GA 30303
/s/ Heather E. Gange Heather E. Gange