Proposed Settlement Agreement, Clean Air Act Suit AGENCY: Environmental Protection Agency (EPA).May 2nd, 2024
FiledMay 2nd, 2024ACTION: 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