[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Notices]
[Pages 35091-35093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09437]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2024-0204; FRL-11940-01-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 the Clean Air Act, as amended (CAA or the 
Act), notice is given of a proposed settlement agreement in Nevada 
Cement Co., LLC v. EPA et al. On April 14, 2023, Plaintiff Nevada 
Cement Company, LLC filed a petition for review in the United States 
Court of Appeals for the Ninth Circuit in Case No. 23-682. On June 5, 
2023, Plaintiff filed a petition for review in the same court in Case 
No. 23-1098. Plaintiff disputes the Environmental Protection Agency's 
(EPA) disapproval of a state implementation plan submitted by the State 
of Nevada and promulgation of the final rule entitled ``Federal `Good 
Neighbor Plan' for the 2015 Ozone National Ambient Air Quality 
Standards.'' The proposed settlement agreement would establish a 
process and deadlines by which Plaintiff would apply to EPA for a Case-
by-Case Emissions Limit Request for its Fernley, Nevada, facility, in 
exchange for agreeing to lift a judicial stay entered by the U.S. Court 
of Appeals for the Ninth Circuit.

DATES: Written comments on the proposed settlement agreement must be 
received by May 31, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2024-0204, 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: Kyle Durch, Air and Radiation Law 
Office, Office of General Counsel, U.S. Environmental Protection 
Agency; telephone (202) 564-1809; 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-2024-0204) 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)

[[Page 35092]]

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

    The Environmental Protection Agency (``EPA'' or ``Agency'') 
promulgated a final rule disapproving the State of Nevada's and 20 
other states' ozone interstate transport state implementation plan 
submissions for the 2015 ozone NAAQS. ``Air Plan Disapprovals; 
Interstate Transport of Air Pollution for the 2015 8-Hour Ozone 
National Ambient Air Quality Standards,'' 88 FR 9336 (February 13, 
2023) (``SIP Disapproval''). In a subsequent rule, EPA established 
emissions-control requirements for various sources in 23 states, 
including in Nevada, of interstate ozone in the ``Federal `Good 
Neighbor Plan' for the 2015 Ozone National Ambient Air Quality 
Standards,'' 88 FR 36654 (June 5, 2023) (``Good Neighbor Plan''). These 
actions were taken, in accordance with Clean Air Act (``CAA'') section 
110(a)(2)(D)(i)(I). 42 U.S.C. 7410(a)(2)(D)(i)(I). Nevada Cement 
Company (``NCC'') filed petitions for review challenging each of these 
actions. Nevada Cement Co. LLC v. EPA et al., No. 23-682 (9th Cir. 
filed Apr. 14, 2023) (challenging the SIP Disapproval as to Nevada); 
Nevada Cement Co. LLC v. EPA et al., No. 23-1098 (9th Cir. filed June 
5, 2023) (challenging the Good Neighbor Plan as to Nevada).
    The proposed settlement agreement with Nevada Cement Company 
(``NCC'') would establish a process for NCC to apply to EPA for a Case-
by-Case Emissions Limit Request (``CBCELR''), consistent with 
procedures outlined in 40 CFR 52.40(e)(2), which, if approved, would 
bring its Fernley, Nevada, facility into compliance with the Good 
Neighbor Plan. To do this, NCC would first submit to EPA, by June 27, 
2024, an Engineering Study Report concerning the feasibility and 
emissions-reduction efficiency of Low-NOX Burners (``LNB'') 
installed on each kiln at its Fernley facility, as operated in 
conjunction with the existing selective non-catalytic reduction 
(``SNCR'') at such kilns. NCC would determine, subject to EPA's review 
and dispute resolution procedures, whether that report supports 
installing LNB; if not, and EPA concurs, it would proceed to apply for 
a CBCELR based on existing technology at the facility. If LNB is 
selected, NCC would install LNB on the kilns and would submit a CBCELR 
no later than March 27, 2026, which would include a limit based on a 
180-day demonstration period with LNB installed on the kilns at the 
Fernley facility, and operated in an optimized manner with the existing 
SNCR at such kilns. EPA would lift its administrative stay of the Good 
Neighbor Plan as to the Fernley facility no later than October 15, 
2026.
    Further, no later than ten business days after moving the court to 
hold these cases in abeyance--which would be filed no later than five 
business days after the Settlement Agreement is final--EPA and NCC 
would file a joint motion with the court in Case No. 23-682 to lift the 
court's stay of the State Implementation Plan (``SIP'') Disapproval as 
to the State of Nevada.\1\ The proposed settlement agreement includes 
informal and formal dispute resolution procedures, and the sole remedy 
of either party under the proposed settlement agreement is to 
reinitiate the litigation.
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    \1\ The process for EPA to lift its administrative stay of the 
Good Neighbor Plan as to NCC's Fernley facility would occur through 
approval of the alternate limit and in conjunction with approval of 
such alternate limit, EPA would take action to bring the Good 
Neighbor Plan into effect for NCC's Fernley facility.
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    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-
0204, 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

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marked ``late.'' EPA is not required to consider these late comments.

Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2024-09437 Filed 4-30-24; 8:45 am]
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