In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by Kentucky Environmental Foundation in the United States District Court for the District of Columbia: Kentucky Environmental Foundation v. Jackson, No. 10-CV-1814-PLF (D. D.C.). On October 22, 2010, Plaintiff filed a complaint alleging that EPA failed to perform a nondiscretionary duty under section 110(k)(2) of the CAA, 42 U.S.C. 7410(k)(2), to take final action on an attainment demonstration contained within a SIP submittal from the State of Kentucky for the 1997 fine particulate matter National Ambient Air Quality Standard in the Kentucky portion of the Huntington-Ashland area. The proposed consent decree establishes a deadline of March 30, 2012 for EPA to take action.
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