[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Notices]
[Pages 5111-5113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01784]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9922-12-OGC]


Proposed Settlement Agreement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Settlement Agreement; Request for Public 
Comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``Act''), notice is hereby given of a proposed settlement 
agreement to address lawsuits filed by Cliffs Natural Resources Inc. 
(``Cliffs''), ArcelorMittal USA LLC (``ArcelorMittal''), the State of 
Michigan (collectively, the ``Petitioners'') in the United States Court 
of Appeals for the Eighth Circuit: Cliffs Natural Resources Inc., et 
al., v. EPA, No. 13-1758 (and consolidated case Nos. 13-1761, 13-2126, 
13-2129, 13-2130) and Cliffs Natural Resources Inc., et al., v. EPA, 
No. 13-3573 (and consolidated case Nos. 13-3575, 14-1710, and 14-1712). 
Petitioners filed petitions for review challenging EPA's final rule 
entitled ``Approval and Promulgation of Air Quality Implementation 
Plans; States of Minnesota and Michigan; Regional Haze State 
Implementation Plan; Federal Implementation Plan for Regional Haze'' 78 
FR 8706 (Feb. 6, 2013) (the ``FIP Rule''). Petitioners also filed 
petitions for review challenging EPA's final rule entitled ``Approval 
and Promulgation of Air Quality Implementation Plans; States of 
Michigan and Minnesota; Regional Haze,'' 78 FR 59825 (Sept. 30, 2013) 
(the ``SIP Rule''). The proposed settlement agreement establishes 
deadlines for EPA to take actions.

DATES: Written comments on the proposed settlement agreement must be 
received by March 2, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2015-0003, online at www.regulations.gov (EPA's preferred method); 
by email to [email protected]; by mail to EPA Docket Center, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to 
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, 
excluding legal holidays. Comments on a disk or CD-ROM should be 
formatted in Word or ASCII file, avoiding the use of special characters 
and any form of encryption,

[[Page 5112]]

and may be mailed to the mailing address above.

FOR FURTHER INFORMATION CONTACT: Matthew C. Marks, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-3276 fax number (202) 564-5603; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    The proposed settlement agreement will resolve lawsuits seeking 
review of EPA's final rules entitled ``Approval and Promulgation of Air 
Quality Implementation Plans; States of Minnesota and Michigan; 
Regional Haze State Implementation Plan; Federal Implementation Plan 
for Regional Haze'' 78 FR 8706 (Feb. 6, 2013) (the ``FIP Rule''), and 
EPA's final rule entitled ``Approval and Promulgation of Air Quality 
Implementation Plans; States of Michigan and Minnesota; Regional 
Haze,'' 78 FR 59825 (Sept. 30, 2013) (the ``SIP Rule''). Petitioners 
have raised various challenges to the FIP Rule and the SIP Rule 
associated with taconite facilities located in Minnesota and Michigan.
    The proposed settlement agreement states that, no later than June 
12, 2015, EPA will sign a notice of proposed rulemaking proposing 
changes to the FIP Rule that are substantially consistent with, and 
include numeric emission limits and time frames identical to those set 
forth in, Attachment A to the Settlement Agreement. The proposed 
settlement agreement also states that, if EPA signs by December 18, 
2015, a final rule amending the FIP Rule that is substantially 
consistent with, and includes numeric emission limits and time frames 
identical to those set forth in, Attachment A to the Settlement 
Agreement, then Petitioners and EPA shall promptly file an appropriate 
pleading for the dismissal of Case Nos. 13-1758, 13-1761, 13-2126, 13-
2129, 13-2130, 13-3573, 13-3575, 14-1710, and 14-1712 with prejudice, 
with each party to bear its own costs and attorneys' fees. The proposed 
settlement agreement further states that Petitioners waive any right to 
challenge in any court or administrative proceeding any portion of that 
final rule that is substantially consistent with, and includes numeric 
emission limits and time frames identical to those set forth in, 
Attachment A to the Settlement Agreement. Finally, the proposed 
settlement agreement states that nothing in the agreement shall be 
construed to limit or modify the discretion accorded EPA by the Act or 
by general principles of administrative law.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written comments relating to the 
proposed settlement agreement from persons who were not named as 
parties or intervenors to the litigation in question. EPA or the 
Department of Justice may withdraw or withhold consent to the proposed 
settlement agreement if the comments disclose facts or considerations 
that indicate that such consent is inappropriate, improper, inadequate, 
or inconsistent with the requirements of the Act. Unless EPA or the 
Department of Justice determines that consent to this settlement 
agreement should be withdrawn, the terms of the agreement will be 
affirmed.

 II. Additional Information About Commenting on the Proposed Settlement 
Agreement

A. How can I get a copy of the settlement agreement?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2015-0003) contains a copy of the proposed settlement 
agreement. The official public docket is available for public viewing 
at the Office of Environmental Information (OEI) Docket in the EPA 
Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. The EPA Docket Center Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
    An electronic version of the public docket is available through 
www.regulations.gov. You may use the www.regulations.gov to submit or 
view public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once in the system, key in 
the appropriate docket identification number then select ``search''.
    It is important to note that EPA's policy is that public comments, 
whether submitted electronically or in paper, will be made available 
for public viewing online at www.regulations.gov without change, unless 
the comment contains copyrighted material, CBI, or other information 
whose disclosure is restricted by statute. Information claimed as CBI 
and other information whose disclosure is restricted by statute is not 
included in the official public docket or in the electronic public 
docket. EPA's policy is that copyrighted material, including 
copyrighted material contained in a public comment, will not be placed 
in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. Although not all 
docket materials may be available electronically, you may still access 
any of the publicly available docket materials through the EPA Docket 
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.
    If you submit an electronic comment, EPA recommends that you 
include your name, mailing address, and an email address or other 
contact information in the body of your comment and with any disk or CD 
ROM you submit. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. Any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    Use of the www.regulations.gov Web site to submit comments to EPA 
electronically is EPA's preferred method for receiving comments. The 
electronic public docket system is an ``anonymous access'' system, 
which means EPA will not know your identity, email address, or other 
contact information unless you provide it in the body of your comment. 
In contrast to EPA's electronic public docket, EPA's electronic mail 
(email) system is not an ``anonymous access'' system. If you send an 
email comment directly to the Docket without going through 
www.regulations.gov, your email address is automatically captured and 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.


[[Page 5113]]


    Dated: January 22, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-01784 Filed 1-29-15; 8:45 am]
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