Proposed Settlement Agreement, Clean Air Act Suit, 35091-35093 [2024-09437]

Download as PDF Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices II. Additional Information About Commenting on the Proposed Consent Decree ddrumheller on DSK120RN23PROD with NOTICES1 A. How can I get a copy of the proposed consent decree? The official public docket for this action (identified by Docket ID No. EPA–HQ–OGC–2024–0145) contains a copy of the proposed consent decree. 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 consent decree 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.’’ B. How and to whom do I submit comments? Submit your comments, identified by Docket ID No. EPA–HQ–OGC–2024– 0145 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- VerDate Sep<11>2014 16:59 Apr 30, 2024 Jkt 262001 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. 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 does not plan to consider these late comments. Steven M. Neugeboren, Associate General Counsel. [FR Doc. 2024–09435 Filed 4–30–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2024–0204; FRL–11940–01– 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 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 SUMMARY: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 35091 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 Caseby-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 durch.kyle@epa.gov. 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) E:\FR\FM\01MYN1.SGM 01MYN1 35092 Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 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 VerDate Sep<11>2014 16:59 Apr 30, 2024 Jkt 262001 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. 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 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. PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 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 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 E:\FR\FM\01MYN1.SGM 01MYN1 Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices 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] BILLING CODE 6560–50–P EXPORT-IMPORT BANK Sunshine Act Meetings Notice of an Open Meeting of the Board of Directors of the Export-Import Bank of the United States. TIME AND DATE: Thursday, May 9, 2024, at 9:30 a.m. PLACE: The meeting will be held via teleconference. STATUS: The meeting will be open to public observation. MATTERS TO BE CONSIDERED: 1. Policy Analysis and International Relations, Policy Modification to Allow 5-Percent Cash Payment, Decision Required: Approval, Condren/Deatherage. CONTACT PERSON FOR MORE INFORMATION: Deidre Hodge (202–509–4195). Members of the public who wish to attend the meeting may do so via teleconference and must register using the link below by noon Wednesday May 8, 2024. After completing the registration, individuals will receive a confirmation email containing information about joining the webinar. https://teams.microsoft.com/ registration/PAFTuZHHMk2Z b1GDkIVFJw,6WNwVJPkak2bfbSd7T7kg,AJWdGUqHzkqGwTJXL3Ze2Q, hbG19ccm2Uq-ha6evS8ufg, vBvvqucJEU-lya4oxAngTA, qZDDvfJADkOy5eiWJh-7uw?mode=read &tenantId=b953013c-c791-4d32-996f518390854527. Deidre Hodge, Assistant Corporate Secretary. [FR Doc. 2024–09524 Filed 4–29–24; 11:15 am] BILLING CODE 6690–01–P FEDERAL COMMUNICATIONS COMMISSION [OMB 3060–0854; FR ID 216732] ddrumheller on DSK120RN23PROD with NOTICES1 Information Collection Being Submitted for Review and Approval to Office of Management and Budget Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: As part of its continuing effort to reduce paperwork burdens, as required by the Paperwork Reduction SUMMARY: VerDate Sep<11>2014 16:59 Apr 30, 2024 Jkt 262001 Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Pursuant to the Small Business Paperwork Relief Act of 2002, the FCC seeks specific comment on how it might ‘‘further reduce the information collection burden for small business concerns with fewer than 25 employees.’’ DATES: Written comments and recommendations for the proposed information collection should be submitted on or before May 31, 2024. ADDRESSES: Comments should be sent to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Your comment must be submitted into www.reginfo.gov per the above instructions for it to be considered. In addition to submitting in www.reginfo.gov also send a copy of your comment on the proposed information collection to Cathy Williams, FCC, via email to PRA@ fcc.gov and to Cathy.Williams@fcc.gov. Include in the comments the OMB control number as shown in the SUPPLEMENTARY INFORMATION below. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection, contact Cathy Williams at (202) 418–2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) go to the web page https://www.reginfo.gov/ public/do/PRAMain, (2) look for the section of the web page called ‘‘Currently Under Review,’’ (3) click on the downward-pointing arrow in the ‘‘Select Agency’’ box below the ‘‘Currently Under Review’’ heading, (4) select ‘‘Federal Communications Commission’’ from the list of agencies presented in the ‘‘Select Agency’’ box, (5) click the ‘‘Submit’’ button to the right of the ‘‘Select Agency’’ box, and (6) when the list of FCC ICRs currently under review appears, look for the Title of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed. SUPPLEMENTARY INFORMATION: The Commission may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number. PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 35093 As part of its continuing effort to reduce paperwork burdens, as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501–3520), the FCC invited the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimates; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. Pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4), the FCC seeks specific comment on how it might ‘‘further reduce the information collection burden for small business concerns with fewer than 25 employees.’’ OMB Control Number: 3060–0854. Title: Section 64.2401, Truth-inBilling Format, CC Docket No. 98–170 and CG Docket No. 04–208. Form Number: N/A. Type of Review: Extension of a currently approved collection. Respondents: Business or other forprofit entities. Number of Respondents and Responses: 4,165 respondents; 26,711 responses. Estimated Time per Response: 2 to 230 hours. Frequency of Response: On occasion reporting requirement; Third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this information collection is found at section 201(b) of the Communications Act of 1934, as amended, 47 U.S.C. 201(b), and section 258, 47 U.S.C. 258, Public Law 104–104, 110 Stat. 56. The Commission’s implementing rules are codified at 47 CFR 64.2400. Total Annual Burden: 1,872,245 hours. Total Annual Cost: $10,000,000. Needs and Uses: In 1999, the Commission released the Truth-inBilling and Billing Format, CC Docket No. 98–170, First Report and Order and Further Notice of Proposed Rulemaking, (1999 TIB Order); published at 64 FR 34488, June 25, 1999, which adopted principles and guidelines designed to reduce telecommunications fraud, such E:\FR\FM\01MYN1.SGM 01MYN1

Agencies

[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.

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

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

[[Page 35093]]

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]
BILLING CODE 6560-50-P
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