[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)
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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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