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''), notice is hereby given of a proposed consent decree to address a lawsuit filed by Preserve Pepe`ekeo Health and Environment (``PPHE'') in the United States District Court for the District of Hawai'i: PPHE v. McCarthy, Civil Action No. 1:15-cv-00412- ACK-BMK (D. Haw.). On October 10, 2015, Plaintiff filed a complaint alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''), failed to perform a non-discretionary duty to grant or deny within 60 days a petition submitted by PPHE on September 13, 2014 requesting that EPA object to a CAA Title V permit issued by the Environmental Management Division of the Clean Air Branch, Hawaii Department of Health, to Hu Honua Bioenergy, LLC, authorizing the operation of the Hu Honua Bioenergy Facility located in Pepe`ekeo, Hawaii. The proposed consent decree would establish a deadline for EPA to take such action.