Proposed Settlement Agreement, Clean Air Act Suit

Issuing agencies

Abstract

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.