Proposed Consent Decree, Clean Air Act Citizen Suit

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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. On February 3, 2006, the Center for Biological Diversity and four other plaintiffs (collectively, "Plaintiffs") filed an amended complaint alleging that EPA failed to perform its mandatory duty under CAA section 109(d)(1) to periodically review the air quality criteria for nitrogen oxides ("NO X ") and sulfur oxides ("SO X ") and the National Ambient Air Quality Standards ("NAAQS") for nitrogen dioxide ("NO 2 ") and sulfur dioxide ("SO 2 "), to make such revisions to these air quality criteria and NAAQS as may be appropriate, and to promulgate such new NAAQS as may be appropriate. Center for Biological Diversity, et al. v. Johnson, No. 05-1814 (D.D.C.). The proposed consent decree establishes a schedule for EPA's review and, if appropriate, revisions of the air quality criteria for SO X and NO X and the NAAQS for NO 2 and SO 2 NAAQS.