Proposed Settlement Agreement, Clean Air Act Citizen Suit

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In accordance with section 113(g) of the Clean Air Act, as amended ("CAA" or the "Act"), notice is hereby given of a proposed settlement to address a lawsuit filed by Public Service Company of Oklahoma ("Plaintiff") in the United States Appeals Court for the Tenth Circuit: Public Service Company of Oklahoma v. U.S. Environmental Protection Agency, et al., No. 12-9524. On February 24, 2011, Plaintiff timely filed a Petition for Review, challenging the issuance of EPA's final rule entitled, "Approval and Promulgation of Implementation Plans; Oklahoma; Federal Implementation Plan for Interstate Transport of Pollution Affecting Visibility and Best Available Retrofit Technology Determinations," 76 FR 81,728 (Dec. 28, 2011) (the "Final Rule"). The Final Rule partially approved and partially disapproved Oklahoma's state implementation plan ("SIP") submitted under the "visibility" and "interstate transport" provisions of the Clean Air Act ("CAA"). The Final Rule included a federal implementation plan ("FIP") establishing Best Available Retrofit Technology ("BART") emission limitations on sulfur dioxide ("SO 2 ") for Units 3 and 4 of Plaintiff's Northeastern plant ("Plaintiff's Units") to a