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 WildEarth Guardians in the United States District Court for the District of Arizona: WildEarth Guardians v. Jackson, No. 2:11-cv-01661- ROS (D. Ariz.). On August 24, 2011, Plaintiff filed a complaint alleging that EPA failed to perform a nondiscretionary duty to promulgate the area designations for the 2008 ground-level ozone NAAQS within the time lines set forth in section 107(d)(1)(B) of the CAA. The proposed consent decree establishes a deadline of May 31, 2012 for EPA to take action.