Proposed Consent Decree

Riepilogo

In accordance with section 113(g) of the Clean Air Act, as amended ("Act"), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by the Environmental Integrity Project and Sierra Club (collectively "Plaintiffs") in the United States District Court for the District of Columbia: Environmental Integrity Project, et al. v. EPA, No. 1:09-CV-00218 (D. D.C.). On or about February 4, 2009, Plaintiffs filed a deadline suit alleging that EPA failed to perform a non-discretionary duty to review, and if appropriate revise, 40 CFR part 60, subpart G, New Source Performance Standards for Nitric Acid Plants. Under the terms of the proposed consent decree, on or before November 15, 2010, EPA will sign and submit for publication in the Federal Register one or a combination of the following: (a) A proposed rule containing revisions to NSPS Subpart G pursuant to CAA 111(b)(1)(B); and/or (b) a proposed and/or final determination under CAA 111(b)(1)(B) not to revise NSPS Subpart G. If EPA signs a proposed rule or proposed determination, then on or before November 15, 2011, EPA will sign and submit for publication in the Federal Register, one or a combination