[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Notices]
[Pages 30357-30358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08613]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2024-0180; FRL-11893-01-OGC]
Proposed Settlement Agreement, Clean Air Act Suit
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 (``CAA'' or ``the Act''), the Environmental Protection Agency
(``EPA'' or ``the Agency'') is providing notice of a proposed
settlement agreement in United States Steel Corp. v. EPA, Case Nos. 13-
3595, 16-2668, and 18-1249 (8th Cir.). Petitioner United States Steel
Corporation (``U.S. Steel'') has filed petitions for review in the
United States District Court of Appeals for the Eighth Circuit,
challenging final rules promulgated by EPA under the CAA related to
regional haze best available retrofit technology determinations for
taconite facilities owned and operated by U.S. Steel in Minnesota. The
proposed settlement agreement would establish deadlines for EPA to take
certain, specified actions.
DATES: Written comments on the proposed settlement agreement must be
received by May 23, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2024-0180 online at https://www.regulations.gov (EPA's preferred
method). Follow the online instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
number for this action. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Additional Information
about Commenting on the Proposed Settlement Agreement'' heading under
the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Christopher Grubb, Office of Regional
Counsel, U.S. Environmental Protection Agency Region 5; telephone (312)
886-7187; email address [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining a Copy of the Proposed Settlement Agreement
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2024-0180) 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.
The electronic version of the public docket for this action
contains a copy of the proposed settlement agreement, and is available
through https://www.regulations.gov. You may use https://www.regulations.gov to submit or view public comments, access the index
listing of the contents of the official public docket, and 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.''
II. Additional Information About the Proposed Settlement Agreement
In 2013, EPA issued a Regional Haze (RH) Federal Implementation
Plan (FIP) that established nitrogen oxide (NOX) and sulfur
dioxide (SO2) best available retrofit technology emission
limits for U.S. Steel's Minntac and Keetac facilities. Approval and
Promulgation of Air Quality Implementation Plans;
[[Page 30358]]
States of Minnesota and Michigan; Regional Haze State Implementation
Plan; Federal Implementation Plan for Regional Haze. 78 FR 8706
(February 6, 2013) (Original FIP Rule). EPA has taken several
subsequent actions to revise the Original FIP Rule and to address
administrative petitions related to EPA's actions. U.S. Steel has filed
multiple challenges in response to EPA's actions. U.S. Steel brought
these challenges pursuant to sections 110, 169A, and 307 of the CAA, 42
U.S.C. 7410, 7491, and 7607. EPA reached a settlement with U.S. Steel
for the Minntac facility in 2018.
The proposed settlement agreement (the ``Second Settlement
Agreement'') relates to U.S. Steel's Keetac facility. The Second
Settlement Agreement, if finalized, provides a process for resolving
U.S. Steel's challenges in United States Steel Corp. v. EPA, Case Nos.
13-3595, 16-2668, and 18-1249 (8th Cir.). Under the Second Settlement
Agreement, no later than twelve months after publication of notice of
this settlement in the Federal Register, EPA would sign a proposed
rulemaking proposing changes to the Original FIP Rule that is
substantially consistent with, and contains numeric emission limits and
time frames identical to those set forth in, Attachment A to the Second
Settlement Agreement. If EPA timely signs a final rule that includes
changes that are substantially consistent with, and includes numeric
emission limits and time frames identical to those set forth in,
Attachment A to the Second Settlement Agreement, and if no petition for
review of the final rule has been filed in the U.S. Court of Appeals
for the Eighth Circuit within sixty days, U.S. Steel will promptly file
an appropriate pleading for the dismissal with prejudice of Case Nos.
13-3595, 16-2668, and 18-1249, which will resolve the litigation.
The proposed Second Settlement Agreement also includes standard
language regarding resolution of costs and attorneys' fees, stipulation
of extensions, lapses in appropriations, disputes in implementation,
preservation of Agency discretion, and the CAA section 113(g) process.
In accordance with section 113(g) of the CAA, for a period of
thirty (30) days following the date of publication of this document,
the Agency will accept written comments relating to the proposed
settlement agreement. 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.
III. Additional Information About Commenting on the Proposed Settlement
Agreement
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2024-
0180, via https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from this docket. EPA may publish any comment
received to its public docket. Do not submit to EPA's docket at https://www.regulations.gov any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file-sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. For additional information about submitting information
identified as CBI, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section of this document. Note that written
comments containing CBI and submitted by mail may be delayed and
deliveries or couriers will be received by scheduled appointment only.
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. 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 https://www.regulations.gov website 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.
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.
Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2024-08613 Filed 4-22-24; 8:45 am]
BILLING CODE 6560-50-P