UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF COLUMBIA 

__________________________________________ 

) 

CLEAN AIR COUCIL, ) 

) 

Plaintiff, ) 

v. ) Case No. 12-cv-00707 

) 

BOB PERCIASEPE, in his official capacity ) 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 Bob Perciasepe, Acting Administrator of the 

United States Environmental Protection Agency (“EPA”) submits for lodging only with this 

Court a proposed consent decree in the above-referenced action. The proposed consent decree 

should not be entered unless EPA subsequently 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 implementation 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. § 7509(c)(1-2), to publish a notice of determination in the Federal 
Register 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 consent 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 the 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 the 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 Exhibit A. The United 

States respectfully requests that this Court lodge the proposed consent 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 section 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.gov 
UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF COLUMBIA 

__________________________________________ 

) 

CLEAN AIR COUCIL, ) 

) 

Plaintiff, ) 

v. ) Case No. 12-cv-00707 

) 

BOB PERCIASEPE, in his official capacity ) 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 effected service on the following: 

 

Robert Ukeiley 

rukeiley@igc.org 

 Counsel for Plaintiff

 I further certify that on this 26th day of March, 2013, a true and correct copy of the 

foregoing NOTICE OF LODGING OF PROPOSED 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