SETTLEMENT AGREEMENT. WHEREAS, on August 10, 2011, Plaintiffs Sierra Club and WildEarth Guardians filed

Transcription

1 SETTLEMENT AGREEMENT WHEREAS, on August 10, 2011, Plaintiffs Sierra Club and WildEarth Guardians filed their second amended complaint ("Complaint") in Sierra Club et al. v. Jackson, No. 3:10-cv CRB (N.D. Cal) against Defendant Lisa P. Jackson, in her official capacity as Administrator of the United States Environmental Protection Agency ("EPA"), alleging that EPA has failed to undertake certain nondiscretionary duties under the Clean Air Act ("CAA"), 42 U.S.C q, and that such alleged failure is actionable under section 304(a)(2) of the CAA, 42 U.S.C. 7604(a)(2); WHEREAS, Plaintiffs alleged that EPA has failed to perform a duty mandated by CAA section 110(c)(1), 42 U.S.C. 7410(c)(1), to promulgate Federal Implementation Plans ("FIPs") within twenty-four (24) months after issuing a finding of failure to submit State Implementation Plans ("SIPs") meeting applicable requirements of CAA section 110(a)(2), 42 U.S.C. 7410(a)(2), for North Dakota, Hawaii, Alaska, Idaho, Oregon, Washington, Maryland, Virginia, Arkansas, Arizona, Florida and Georgia with regard to the hour ozone National Ambient Air Quality Standards ("NAAQS"); WHEREAS, Plaintiffs also alleged that EPA has failed to perform a duty mandated by CAA section 110(k)(2), 42 U.S.C. 7410(k)(2), to take final action on the SIP submittals or portions of submittals meeting applicable requirements of CAA section 110(a)(2), 42 U.S.C. 7410(a)(2), for Maryland, Virginia, Arkansas, Oklahoma, Florida, Georgia, Nevada, North Carolina, Tennessee, and Arizona with regard to the hour ozone NAAQS; WHEREAS, on March 27, 2008, EPA published a final rule in the Federal Register finding that certain states failed to make a complete SIP submission, in whole or in part, to meet

2 certain specified applicable requirements of CAA section 110(a)(2), 42 U.S.C. 7410(a)(2), for the hour ozone NAAQS, 73 Fed. Reg (March 27, 2008)("Findings Notice"); WHEREAS, in the Findings Notice, EPA found the SIP submission of these states complete for those specified applicable requirements of section 110(a)(2) for which EPA had not made findings of failure to submit; WHEREAS, the Parties agree that EPA's obligations under this Settlement Agreement to promulgate Federal Implementation Plans ("FIPs") pursuant to section 110(c) of the CAA are applicable only to the specific findings that certain states have failed to make complete submissions, in whole or in part, for the applicable requirements of section 110(a)(2) as set out in the Findings Notice; WHEREAS, the Parties agree that EPA's obligations under this Settlement Agreement to take action pursuant to section 110(k) of the CAA are only applicable to the specific findings that certain states made complete submissions, in whole or in part, for the applicable requirements of section 110(a)(2) as set out in the Findings Notice; WHEREAS, the term "19978-hour ozone NAAQS infrastructure SIP" means for the purposes of this Settlement Agreement a submission or multiple submissions from a State addressing the applicable requirements of section 110(a)(2), 42 U.S.C. 7410(a)(2), as set out in the Findings Notice. The Findings Notice did not address sections 110(a)(2)(D)(i), 110(a)(2)(I), or the portions of section 110(a)(2)(C) pertaining to nonattainment area requirements, 42 U.S.C. 7410(a)(2)(D)(i), (a)(2)(i),(a)(2)(c), and, accordingly, the Parties agree that the obligations set out below do not include EPA taking any actions regarding sections 110(a)(2)(D)(i), 110(a)(2)(I), and portions of section 110(a)(2)(C) pertaining to nonattainment area requirements;

3 WHEREAS, the Parties disagree as to whether, in the context of acting upon the hour ozone NAAQS infrastructure SIPS, EPA must take affirmative action to address allegations of specific deficiencies in the existing SIPS of the affected states. Plaintiffs contend that EPA is not meeting its obligations under an existing consent decree by failing to address these issues; EPA contends that it is not required to address these substantive issues in the context of acting on the SII's in question, and hence is meeting its obligations under the consent decree; WHEREAS, the specific SIP deficiencies alleged are: (1) provisions related to excess emissions during periods of startup, shutdown, or malfunction at sources that may be contrary to the CAA and EPA's policies addressing such emissions ("SSM");(2) provisions related to "director's variance" or "director's discretion" that purport to permit revisions to SIl' approved emissions limits without sufficient public process or requiring approval by EPA that may be contrary to the CAA ("director's discretion"); (3) provisions for minor source new source review programs that may be inconsistent with the requirements of the CAA and EPA's regulations that pertain to such programs ("minor source NSR"); and (4) provisions for Prevention of Significant Deterioration programs that may be inconsistent with current requirements of EPA's "Final NSR Improvement Rule," 67 Fed. Reg. 80,186 (December 31, 2002), as amended by 72 Fed. Reg. 32,526 (June 13, 2007) ("NSR Reform")(collectively, the "Alleged SIP Deficiencies"); WHEREAS, Sierra Club submitted a petition for rulemaking to EPA on June 30, 2011, requesting that EPA act on specific alleged SIP deficiencies related to the SSM issue ("Plaintiff's SSM Petition"); WHEREAS, the Parties have agreed to settle claims set forth in the Complaint without admission of any issue of fact or law; 3

4 WHEREAS, the Parties, by entering into this Settlement Agreement, do not waive or limit any claim or defense, on any grounds, related to any final EPA action; WHEREAS, the Parties consider this Settlement Agreement to be an adequate and equitable resolution of all claims set forth in the Complaint; WHEREAS, it is in the interest of the public, the Parties, and judicial economy to resolve this matter without protracted litigation; NOW THEREFORE, the Parties, intending to be bound by this Agreement, hereby stipulate and agree as follows: 1. Pursuant to section 110(c)(1) of the CAA, 42 U.S.C. 7410(c)(1), EPA shall sign for publication in the Federal Register: (a) no later than March 31, 2012, a notice or notices of the Agency's proposed action either approving a SIP, promulgating a FIP, or approving a SIP in part with promulgation of a partial FIP, for Alaska, Hawaii, Idaho, North Dakota, Oregon and Washington to meet the applicable requirements of section 110(a)(2), 42 U.S.C. 7410(a)(2), as identified in the Findings Notice; and (b) no later than July 31, 2012, a notice or notices of the Agency's final action either approving a SIP, promulgating a FIP, or approving a SIl' in part with promulgation of a partial FIP, for Alaska, Hawaii, Idaho, North Dakota, Oregon and Washington to meet the applicable requirements of section 110(a)(2), 42 U.S.C. 7410(a)(2), as identified in the Findings Notice.

5 2. Pursuant to section 110(c)(1) of the CAA, 42 U.S.C. 7410(c)(1), EPA shall sign for publication in the Federal Register: (a) no later than March 31, 2012, a notice or notices of the Agency's proposed action either approving a SIl', promulgating a FIl', or approving a SIP in part with promulgation of a partial FIP, for Maryland and Arkansas to meet the applicable requirements of section 110(a)(2)(C) &(J), 42 U.S.C. 7410(a)(2)(C) &(J), regarding NOx as a precursor for ozone, as identified in the Findings Notice; and (b) no later than July 31, 2012, a notice or notices of the Agency's final action either approving a SIP, promulgating a FIP, or approving a SIP in part with promulgation of a partial FIP, for Maryland and Arkansas to meet the applicable requirements of section 110(a)(2)(C) &(J), 42 U.S.C. 7410(a)(2)(C) &(J), regarding NOx as a precursor for ozone, as identified in the Findings Notice. 3. Pursuant to section 110(k) of the CAA, 42 U.S.C. 7410(k), EPA shall sign for publication in the Federal Register: (a) no later than March 31, 2012, a notice or notices of the Agency's proposed action either approving, disapproving, or approving in part and disapproving in part the hour ozone NAAQS Infrastructure SIP, except for portions addressing the applicable requirements of section 110(a)(2)(C) &(J), 42 U.S.C. 7410(a)(2)(C) &(J), for Maryland and Arkansas. The hour ozone NAAQS Infrastructure SIP

6 submissions for Maryland and Arkansas are specifically identified in Chart "A" attached hereto; and (b) no later than July 31, 2012, a notice or notices of the Agency's final action either approving, disapproving, or approving in part and disapproving in part the hour ozone NAAQS Infrastructure SIP, except for portions addressing the applicable requirements of section 110(a)(2)(C) &(J), 42 U.S.C. 7410(a)(2)(C) &(J), for Maryland and Arkansas. The hour ozone NAAQS Infrastructure SIP submissions for Maryland and Arkansas are specifically identified in Chart "A" attached hereto. 4. Pursuant to section 110(c)(1) of the CAA, 42 U.S.C. 7410(c)(1), EPA shall no later than January 31, 2012, sign for publication in the Federal Register a notice or notices of the Agency's final action either approving a SIP, promulgating a FIP, or approving a SIP in part with promulgation of a partial FIP, for Virginia to meet the applicable requirements of section 110(a)(2)(C) &(J), 42 U.S.C. 7410(a)(2)(C) &(J), regarding NOx as a precursor for ozone, as identified in the Findings Notice. 5. Pursuant to section 110(k) of the CAA, 42 U.S.C. 7410(k), EPA shall no later than January 31, 2012, sign for publication in the Federal Register a notice or notices of the Agency's final action either approving, disapproving, or approving in part and disapproving in part the hour ozone NAAQS Infrastructure SIP, except for portions addressing the applicable requirements of section 110(a)(2)(C) &(J), 42 U.S.C. 7410(a)(2)(C) &(J), for Virginia and Oklahoma. The hour ozone NAAQS Infrastructure SIP submissions for Virginia and Oklahoma are specifically identified in Chart "A" attached hereto.

7 6. Pursuant to section 110(c)(1) of the CAA, 42 U.S.C. 7410(c)(1), EPA shall sign for publication in the Federal Register: (a) no later than March 31, 2012, a notice or notices of the Agency's proposed action either approving a SIP, promulgating a FIP, or approving a SIP in part with promulgation of a partial FIP, for Arizona and Florida to meet the applicable requirements of section 110(a)(2)(G), 42 U.S.C. 7410(a)(2)(G), as identified in the Findings Notice; and (b) no later than July 31, 2012, a notice or notices of the Agency's final action either approving a SIP, promulgating a FIP, or approving a SIP in part with promulgation of a partial FIP, for Arizona and Florida to meet the applicable requirements of section 110(a)(2)(G), 42 U.S.C. 7410(a)(2)(G), as identified in the Findings Notice. 7. Pursuant to section 110(k) of the CAA, 42 U.S.C. 7410(k), EPA shall sign for publication in the Federal Register: (a) no later than March 31, 2012, a notice or notices of the Agency's proposed action either approving, disapproving, or approving in part and disapproving in part the hour ozone NAAQS Infrastructure SIP, except for portions addressing the applicable requirements of section 110(a)(2)(G), 42 U.S.C. 7410(a)(2)(G), for Florida. The hour ozone NAAQS Infrastructure SIP submissions for Florida are specifically identified in Chart "A" attached hereto; and (b) no later than July 31, 2012, a notice or notices of the Agency's final action either approving, disapproving, or approving in part and disapproving in 7

8 part the hour ozone NAAQS Infrastructure SIP, except for portions addressing the applicable requirements of section 110(a)(2)(G), 42 U.S.C. 7410(a)(2)(G), for Florida. The hour ozone NAAQS Infrastructure SIP submissions for Florida are specifically identified in Chart "A" attached hereto. 8. Pursuant to section 110(k) of the CAA, 42 U.S.C. 7410(k), EPA shall sign for publication in the Federal Register: (a) no later than June 15, 2012, a notice or notices of the Agency's proposed action either approving, disapproving, or approving in part and disapproving in part the hour ozone NAAQS Infrastructure SIP for Arizona regarding applicable requirements for section 110(a)(2)(A}-(C), (E),(F)&(H)-(M), 42 U.S.C. 7410(a)(2) (A~(C),(E),(F)&(H)-(M). The hour ozone NAAQS Infrastructure SIP submissions for Arizona are specifically identified in Chart "A" attached hereto; and (b) no later than October 15, 2012, a notice or notices of the Agency's final action either approving, disapproving, or approving in part and disapproving in part the hour ozone NAAQS Infrastructure SIP for Arizona regarding applicable requirements for section 110(a)(2)(A~(C), (E),(F)&(H)-(M), 42 U.S.C. 7410(a)(2) (A}-(C),(E),(F)&(H)-(M). The hour ozone NAAQS Infrastructure SIP submissions for Arizona are specifically identified in Chart "A" attached hereto. 9. Pursuant to section 110(c)(1) of the CAA, 42 U.S.C. 7410(c)(1), EPA shall no later than January 31, 2012, sign for publication in the Federal Register a notice or notices of the

9 Agency's final action either approving a SII', promulgating a FIP, or approving a SIP in part with promulgation of a partial FIP, for Georgia to meet the applicable requirements of section 110(a)(2)(G), 42 U.S.C. 7410(a)(2)(G), as identified in the Findings Notice 10. Pursuant to section 110(k) of the CAA, 42 U.S.C. 7410(k), EPA shall no later than January 31, 2012, sign for publication in the Federal Register a notice or notices of the Agency's final action either approving, disapproving, or approving in part and disapproving in part the hour ozone NAAQS Infrastructure SIP, except for portions addressing the applicable requirements of section 110(a)(2)(G), 42 U.S.C. 7410(a)(2)(G), for Georgia. The hour ozone NAAQS Infrastructure SIP submissions for Georgia are specifically identified in Chart "A" attached hereto. 11. Pursuant to section 110(k) of the CAA, 42 U.S.C. 7410(k), EPA shall sign for publication in the Federal Register: (a) no later than March 31, 2012, a notice or notices of the Agency's proposed action either approving, disapproving, or approving in part and disapproving in part the hour ozone NAAQS Infrastructure SIP, except the applicable requirements of section 110(a)(2)(C) &(J), 42 U.S.C. 7410(a)(2)(C) &(J), regarding NOx as a precursor for ozone, for Tennessee. The hour ozone NAAQS Infrastructure SIP submissions for Tennessee are specifically identified in Chart "A" attached hereto; and (b) no later than July 31, 2012, a notice or notices of the Agency's final action either approving, disapproving, or approving in part and disapproving in part the hour ozone NAAQS Infrastructure SIP, except the

10 applicable requirements of section 110(a)(2)(C) &(J), 42 U.S.C. 7410(a)(2)(C) &(J), regarding NOx as a precursor for ozone, for Tennessee. The hour ozone NAAQS Infrastructure SIP submissions for Tennessee are specifically identified in Chart "A" attached hereto. 12. Pursuant to section 110(k) of the CAA, 42 U.S.C. 7410(k), EPA shall no later than January 31, 2012, sign for publication in the Federal Register a notice or notices of the Agency's final action either approving, disapproving, or approving in part and disapproving in part the hour ozone NAAQS Infrastructure SIP, relating to portions addressing the applicable requirements of section 110(a)(2)(C) &(J), 42 U.S.C. 7410(a)(2)(C) &(J), regarding NOx as a precursor for ozone, for Tennessee. The hour ozone NAAQS Infrastructure SIP submissions for Tennessee are specifically identified in Chart "A" attached hereto. 13. Pursuant to section 110(k) of the CAA, 42 U.S.C. 7410(k), EPA shall no later than January 31, 2012, sign for publication in the Federal Register a notice or notices of the Agency's final action either approving, disapproving, or approving in part and disapproving in part the hour ozone NAAQS Infrastructure SIPS for Nevada and North Carolina. The hour ozone NAAQS Infrastructure SIP submissions for Nevada and North Carolina are specifically identified in Chart "A" attached hereto. 14. Within 15 business days after taking each action required in Paragraphs 1-13, EPA shall send notice of such action to the Office of the Federal Register for review and publication. 10

11 15. Sierra Club submitted Plaintiff's SSM Petition on June 30, Plaintiff's SSM Petition addresses certain specifically identified provisions in the SIPS of states that Sierra Club contends are contrary to the CAA and EPA's policies for emissions during SSM events, and explains the basis for that contention with respect to each identified provision. EPA shall take final action to grant or to deny Plaintiffls SSM Petition by August 31, Plaintiffs agree that EPA may meet this obligation in one or more administrative actions, as EPA determines appropriate, and that EPA may elect to grant or to deny Plaintiff's SSM Petition with respect to individual alleged illegal SSM provisions, as EPA determines is consistent with the CAA and its policies. EPA further agrees that for purposes of this Settlement Agreement, a grant of the petition in question with respect to an alleged illegal SSM provision shall entail the issuance of a final SIP call under CAA section 110(k)(5) or of a final error correction under CAA section 110(k)(6), as EPA deems appropriate, by the August 31, 2012, deadline. Nothing in this Settlement Agreement shall be construed as precluding the Plaintiff from challenging EPA's response to Plaintiff's SSM Petition in whole or in part. 16. For purposes of this Settlement Agreement only, and in consideration of EPA's agreement to act upon the Plaintiff's SSM Petition by the August 31, 2012 deadline, Plaintiffs agree that EPA is not obligated to take affirmative action to address the Alleged SIP Deficiencies in the existing SIPs in the context of acting upon the hour ozone NAAQS Infrastructure SIPS. This paragraph shall no longer apply if EPA fails to comply with the August 31, 2012 deadline in Paragraph Plaintiffs further agree, in consideration for EPA's agreement to act upon Plaintiff's SSM Petition by the August 31, 2012 deadline, not to file any motion or other pleading in the matters identified in Attachment "B" attached hereto, or file a motion to intervene 11

12 in any other litigation brought by any other party related to the hour ozone NAAQS Infrastructure SIPs, or the comparable SIPs submitted by States for the 1997 PM2.5 NAAQS or the 2006 PM2.5 NAAQS, requesting the court (i) to find EPA in violation of the consent decree in the aforementioned cases or (ii) to provide any other relief, based upon EPA's allegedly not taking final action on the SIP submissions required under CAA section 110(a)(2) for the hour ozone NAAQS, 1997 PM2.5 NAAQS, or the 2006 PM2.5 NAAQS with respect to the Alleged SIP Deficiencies. This paragraph shall no longer apply and Plaintiffs may file any motion or other pleading in the actions identified in Attachment "B", including a motion for contempt, if EPA fails to comply with the August 31, 2012 deadline in Paragraph 15. EPA preserves all of its defenses. 18. EPA shall provide Plaintiffs with written notice and an opportunity to cure if EPA believes Plaintiffs have failed to comply with Paragraphs 16 or 17. Plaintiffs shall not be considered in breach of this Settlement Agreement until 30 days have passed after Plaintiffs have received EPA's written notice of an alleged breach of Paragraphs 16 or 17 and Plaintiffs have not withdrawn the motion or other pleading which EPA believes was a breach of Paragraphs 16 or The Parties may agree to extend any deadlines contained in this Settlement Agreement by mutual written consent. 20. Within 15 days of signing this Settlement Agreement, the Parties agree to file a joint motion in the district court to administratively close Sierra Club et al. v. Jackson, No. 3:10- cv crb (N.D. Cal). Plaintiffs shall file a motion for voluntary dismissal of Sierra Club et al. v. Jackson, No. 3:10-cv CRB (N.D. Cal), with prejudice, in accordance with Rule 41(a) of the Federal Rules of Civil Procedure, with respect to all claims in the Complaint within 12

13 15 days after notice appears in the Federal Register of EPA taking the last rulemaking action required under Paragraphs 1-13, and 15 of this Settlement Agreement. 21. If EPA fails to take action as set forth in Paragraphs 1-15, the Plaintiffs' sole remedy under this Settlement Agreement shall be the right to reinstate Sierra Club et al. v. Jackson, No. 3:10-cv CRB (N.D. Cal). EPA does not waive or limit any defense relating to such litigation. In Sierra Club et al. v. Jackson, No. 3:10-cv CRB (N.D. Cal), the Parties agree that contempt of court is not an available remedy under this Settlement Agreement 22. Nothing in this Settlement Agreement shall be construed to limit or modify the discretion accorded EPA by the CAA and by general principles of administrative law, including the discretion to alter, amend or revise any responses and/or actions contemplated by this Settlement Agreement. EPA's obligation to take the actions set forth in Paragraphs 1-15 by the time specified therein does not constitute a limitation or modification of EPA's discretion within the meaning of this paragraph. 23. EPA agrees that, pursuant to section 304(d) of the CAA, 42 U.S.C. 7604(d), Plaintiffs are both eligible and entitled to recover their costs of litigation this action, including reasonable attorneys' fees, incurred prior to execution of this Settlement Agreement. The Parties shall seek to resolve informally any claim for costs of litigation, including reasonable attorneys' fees. 24. The obligations imposed by EPA under this Settlement Agreement may only be undertaken using appropriated funds. No provisions of this Settlement Agreement shall be interpreted as or constitute a commitment or requirement that EPA obligate or pay funds in contravention of the Anti-Deficiency Act, 31 U.S.C. 1341, or any other applicable federal law. 13

14 25. The Parties agree and acknowledge that prior to entering into this Settlement Agreement, EPA must provide notice of this Settlement Agreement in the Federal Register and an opportunity for public comment pursuant to section 113(g) of the CAA, 42 U.S.C. 7413(g). After this Settlement Agreement has undergone notice and comment, the Administrator and/or the Attorney General, as appropriate, shall promptly consider any such written comments in determining whether to withdraw or withhold their consent to the Settlement Agreement, in accordance with section 113(g) of the CAA. 26. Any notices required or provided for by this Settlement Agreement shall be made in writing, via facsimile, or other means, and sent to the following: For Plaintiffs: For Defendant: Robert Ukeiley Law Office of Robert Ukeiley 435R Chestnut Street, Suite 1 Berea, KY Tel: Fax: rukeiley@igc.org Kimberly [Kasey] Sturm 260 Peachtree Street, NW Suite 1200 Atlanta, Georgia Tel: Fax: ksturm@stack-envirolaw.com Chief, Environmental Defense Section U.S. Department of Justice Environment and Natural Resources Division Environmental Defense Section P.O. Box Washington, D.C

15 Geoffrey L. Wilcox Office of the General Counsel U.S. Environmental Protection Agency Ariel Rios Bldg. MC 2344A 1200 Pennsylvania Ave., NW Washington, D.C Phone: (202) Fax: (202) The undersigned representatives of each party certify that they are fully authorized by the party that they represent to bind that party to the terms of this Settlement Agreement. COUNSEL FOR PLAINTIFFS: Dated: I ~ - Z~j. ~~' e /' t L imber [Kasey] A, St m (A mute Pro Hac e) 260 Peachtree Street, NW Suite 1200 Atlanta, Georgia (404) (404) ksturm@stack-envirolaw.com Counsel for Plaintiffs COUNSEL FOR DEFENDANT: Dated: Zt~ \~ IGNACIA S. MORENO Assistant Attorney General Environment &Natural Resources Division,p ~~_~ ~. Michelle R. Lambert Trial Attorney 15

16 U.S. Department of Justice Environmental Defense Section P.O. Box Washington, D.C Tel: (202) Fax: (202) Counsel for Defendant 16

17 SIP IDENTIFICATION CHART State SA 110(a)(2) Requirements * SIP Identification** Maryland 3 42 U.S.C. 7410(a)(2)(A), (B), (D)(ii), 0011; ; ; (E), (F), (G), (H), (K), (L), and (M) ; ; ; Arkansas 3 42 U.S.C. 7410(a)(2)(A), (B), (D)(ii), (E), (F), (G), (H), (K), (L), and (M). 0028; Virginia 5 42 U.S.C. 7410(a)(2)(A), (B), (D)(ii), (E), (F), (G), (H), (K), (L), and (M). Oklahoma 5 42 U.S.C. 7410(a)(2)(A), (B), (D)(ii), (E), (F), (G), (H), (K), (L), and (M). December 10, 2007, Letter from David K. Paylor, Director of VADEQ, and enclosure State Implementation Plan 110(a)(2) Requirements for Ozone ; December 13, 2007, Letter from David K. Paylor, Director of VADEQ, and enclosure Status of 110(a)(2)Requirements in the Virginia State Implementation Plan 0031 Florida 7 42 U.S.C. 7410(a)(2)(A), (B), (C), (D)(ii), (E), (F), (H), (J),(K), (L), and (M). Arizona 8 42 U.S.C. 7410(a)(2) (A) (C), (E), (F) & (H)-(M) Georgia U.S.C. 7410(a)(2)(A), (B), (C), (D)(ii), (E), (F), (H), (J),(K), (L), and (M) October 14, 2009, Letter from Benjamin H. Grumbles, Director ADEQ, Re: Arizona State Implementation Plan Revision Under Clean Air Act Section 110(a)(2) and (2); 2006 PM2.5 NAAQS, 1997 PM2.5 NAAQS and hour Ozone NAAQS. 0016; Attachment A to Settlement Agreement Sierra Club et al., v. Jackson Case No. 3:10-cv-04060

18 SIP IDENTIFICATION CHART Tennessee 11,12 42 U.S.C. 7410(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J),(K), (L), and (M). North Carolina U.S.C. 7410(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J),(K), (L), and (M). Nevada U.S.C. 7410(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J),(K), (L), and (M). 0021; May 28, 2009, Submission by Barry Stephens, Technical Secretary for TDEC, Official Submittal Request for State Implementation Plan Revisions to Construction Permits; Operating Permits; and General Provisions 0019; ; February 1, 2008, Letter from Leo M. Drozdoff, Administrator NDEP, with enclosures regarding CAA 110(a)(2)(A)-(M) Requirements in the Current Nevada State Implementation Plan for 8- hour Ozone * This Settlement Agreement only obligates EPA to act on the requirements regarding the hour ozone NAAQS addressed in the 2008 Findings Notice or other submissions cited in this chart. This does not include 110(a)(2)(D)(i) and 110(a)(2)(I) and portions of section 110(a)(2)(C) pertaining to nonattainment area requirements. ** Unless otherwise specified, this is the Document ID from the docket for our 2008 completeness findings, Docket No. EPA-HQ-OAR , or the date of the submission. The docket may be accessed online at 2 Attachment A to Settlement Agreement Sierra Club et al., v. Jackson Case No. 3:10-cv-04060

19 Identified Cases Relevant to Paragraph Sierra Club v. Jackson, PLF (D.D.C.) 2. WildEarth Guardians et al. v. Jackson, No. 3:11-cv WHA (N.D. Cal.) 3. WildEarth Guardians v. Jackson, No. 09-cv REB-MJW (D. Co.) Attachment B to Settlement Agreement Sierra Club et al. v. Jackson, No. 3:10-cv CRB (N.D. Cal)