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 the States of New York, State of Connecticut, New Hampshire, Rhode Island, Vermont, and the Commonwealth of Massachusetts (collectively ``Plaintiffs'') in the United States District Court for the Southern District of New York: State of New York, et al. v. McCarthy, et al. No. 1:16-cv-07827 (S.D. N.Y.). On October 6, 2016, Plaintiffs filed a complaint alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA'') failed to perform duties mandated by CAA to take final action to approve or disapprove the December 9, 2013 Petition submitted by the Plaintiff states, all of which are currently part of the Ozone Transport Region (``OTR''), requesting EPA to expand the OTR to include numerous ``upwind'' states. The proposed consent decree would establish deadlines for EPA to take certain specified actions with respect to the December 9, 2013 Petition.