Proposed Settlement Agreement, Clean Air Act Suit, 30357-30358 [2024-08613]

Download as PDF Federal Register / Vol. 89, No. 79 / Tuesday, April 23, 2024 / Notices a final rule titled ‘‘Procedures for Review of CBI Claims for the Identity of Chemicals in the TSCA Inventory’’ (85 FR 13062, March 6, 2020 (FRL–10005– 48)). The substantiation requirements describe the applicable procedures and provide instructions for regulated entities. The Agency’s plan set out the review criteria and related procedures that EPA will use to complete the reviews within the five-year timeframe set in TSCA, and the ongoing reporting and recordkeeping activities are incorporated into this ICR. Burden statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 147 hours per response. Burden is defined in 5 CFR 1320.3(b). The ICR, which is available in the docket along with other related materials, provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized here: Respondents/affected entities: Entities potentially affected are those that manufacture (defined by statute to include import) or process chemical substances that are regulated under TSCA. The following North American Industrial Classification System (NAICS) codes have been provided to assist in determining whether this action might apply to certain entities: • NAICS Code 325 Chemical Manufacturers; and • NACIS Code 324 Petroleum and Coal Products. Respondent’s obligation to respond: Mandatory, per 40 CFR part 710 and TSCA section 8. Frequency of response: On occasion. Total estimated number of potential respondents: 57. Total estimated average number of responses for each respondent: 1.5. Total estimated annual respondent burden hours: 143.6 hours. Total estimated annual respondent costs: $19,956.68, which includes $0 for capital investment or maintenance and operational costs. ddrumheller on DSK120RN23PROD with NOTICES1 III. Are there changes in the estimates from the last approval? There is a decrease of 90 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This decrease reflects a reduction in the estimated number of chemicals reported in each submission, i.e., from 18 to an average one chemical. This change is an adjustment. VerDate Sep<11>2014 17:48 Apr 22, 2024 Jkt 262001 IV. What is the next step in the process for this ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue another Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the person listed under FOR FURTHER INFORMATION CONTACT. Authority: 44 U.S.C. 3501 et seq. Dated: April 18, 2024. Michal Freedhoff, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2024–08637 Filed 4–22–24; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2024–0180; FRL–11893–01– OGC] Proposed Settlement Agreement, Clean Air Act Suit Environmental Protection Agency (EPA). ACTION: Notice of proposed settlement agreement; request for public comment. AGENCY: 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 SUMMARY: Frm 00038 Fmt 4703 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 grubb.christopher@ epa.gov. SUPPLEMENTARY INFORMATION: I. Obtaining a Copy of the Proposed Settlement Agreement BILLING CODE 6560–50–P PO 00000 30357 Sfmt 4703 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; E:\FR\FM\23APN1.SGM 23APN1 ddrumheller on DSK120RN23PROD with NOTICES1 30358 Federal Register / Vol. 89, No. 79 / Tuesday, April 23, 2024 / Notices 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 VerDate Sep<11>2014 17:48 Apr 22, 2024 Jkt 262001 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-epadockets. 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 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 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 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPPT–2020–0262; FRL–11605– 01–OCSPP] Agency Information Collection Activities; Proposed Renewal of an Existing ICR Collection and Request for Comment; Reporting and Recordkeeping for Asbestos Abatement Worker Protection Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act (PRA), this document announces the availability of and solicits public comment on the following Information Collection Request (ICR) that EPA is planning to submit to the Office of Management and Budget (OMB): ‘‘Reporting and Recordkeeping for Asbestos Abatement Worker Protection,’’ identified by EPA ICR No. 1246.15 and OMB Control No. 2070–0072. This ICR represents a renewal of an existing ICR that is currently approved through January 31, 2025. Before submitting the ICR to OMB for review and approval under the PRA, EPA is soliciting comments on specific aspects of the information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment. DATES: Comments must be received on or before June 24, 2024. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPPT–2020–0262, through https://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information SUMMARY: E:\FR\FM\23APN1.SGM 23APN1

Agencies

[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.

-----------------------------------------------------------------------

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
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