Proposed Consent Decree, Clean Air Act Citizen Suit

In accordance with section 113(g) of the Clean Air Act, as amended ("CAA" or the "Act"), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by Association of Irritated Residents in the United States District Court for the Northern District of California: Association of Irritated Residents v. Jackson, No. 3:10-CV-03051-WHA (N.D. CA.). On July 12, 2010, Plaintiff filed a complaint alleging that EPA failed to perform a mandatory duty under section 110(k)(2) of the CAA, 42 U.S.C. 7410(k)(2), to take timely final action on a submission entitled the 2008 PM<INF>2.5</INF> San Joaquin Valley Unified Air Pollution Control District Plan (the SJV PM<INF>2.5</INF> Nonattainment SIP), which was submitted to EPA on or about June 30, 2008. The SJV PM<INF>2.5</INF> nonattainment SIP includes measures intended to control emissions of fine particulate matter and its precursors within the San Joaquin Valley for purposes of attaining the 1997 annual and 24-hour PM2.5 NAAQS. The proposed consent decree establishes a deadline for EPA to take action on the SJV PM2.5 nonattainment SIP.