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Todd D Young [TDYoung@uss.com] 8/3/2017 2:16:05 PM Brown, Byron [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=9242d85c7df343d287659f840d730e65-Brown, Byro] Fw: Request from U. S. Steel for mediation on Regional Haze FIP for Taconite Letter-Region5EPA-USSteel-RegionalHazeFIPTaconite-072117.pdf
Per my voicemail, sharing an update on the request for mediation on the matter for which the petitions for reconsideration were denied on January 18th by the prior Administration.
Best regards,
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Todd D. Young Managing Director - Federal Governmental Affairs
901 K Street, NW Suite 1250 Washington, DC 20001
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From: "Fotouhi, David" <fotouhi.david@epa.gov> To: Todd D Young <TDYoung@uss.com> Date: 08/03/2017 09:28 AM Subject: Automatic reply: Request from U. S. Steel for mediation on Regional Haze FIP for Taconite
Thank you for your message. I am out of the office on work-related travel with intermittent access to email
until Monday, August 7. I will respondio.YQuxmessage as soon as I am able to do so. For time-sensitive
matters,
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Best regards,
David
From: Todd D Young/Headquarters/USS To: fotouhi.david@epa.gov Cc: David W Hacker/Headquarters/USS@USS Date: 08/03/2017 09:26 AM Subject: Re: Request from U. S. Steel for mediation on Regional Haze FIP for Taconite
Sierra Club v. EPA 18cv3472 NDCA
Tiers 8&9
ED 002061 00086856-00001
Mr. Fotouhi:
I am following up to my correspondence dated July 21st regarding U. S. Steel's request for mediation to resolve the Minnesota FIP litigation that remains before the Eighth Circuit Court of Appeals. We understand from EPA Region 5, the DOJ and Congressman Rick Nolan's office that EPA is considering this request and that it has the attention of headquarters in Washington. We believe mediation would be fruitful as we recently completed the temperature study that EPA Region 5 requested (which our third party contractor is preparing the requested report) and have generated additional data and information that we strongly believe would aid in reaching an equitable resolution.
As you may be aware, the parties provided briefs to the Court, with FT. S. Steel's reply brief due to the Court on August 8th. The parties have also most recently provided the Court with dates of availability for oral arguments this Fall/Winter. Once the Court schedules the date for oral argument, the Court is unlikely to stay postpone or oral arguments. Since we remain committed to working with EPA on resolving the matter without continued litigation, we believe that the parties' resources would be best used to reach resolution as opposed to preparing for and providing oral arguments to the Court. In addition, the FIP deadline as applied to U. S. Steel (and no other facility) will begin to have operational impacts and undue compliance risks at U. S. Steel's Minntac facility beginning on August 9th. For these time sensitive reasons, I am reaching out to you to determine if we can provide any additional information to the Agency to assist in its deliberation of the issues raised in our July 21st letter, including our request to stay the effectiveness of the FIP NOx limit on Minntac Line 6.
We remain committed to working expeditiously with the Agency to reach an equitable resolution. Again, thank you for the Agency's careful consideration of this request.
Best regards, Todd Young
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ToddD. Young Managing Director - Federal Governmental Affairs
901 K Street, NW
Suite 1250
Washington, DC 20001
i
bffice
i Ex. 6 - Personal Privacy \
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tdyoung@uss.com
CONFIDENTIALITY NOTICE: The information contained in this email and any attachments may be confidential, legally privileged and/or exempt from disclosure under applicable law. It has been sent for the sole use of the intended recipients). If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited If you have received this communication in error, please reply to the sender and destroy all copies of the message.
From: Todd D Young/Headquarters/USS To: fotouhi.david@epa.gov Cc: David W Hacker/Headquarters/USS@USS Date: 07/21/2017 06:41 PM Subject: Request from U. S. Steel for mediation on Regional Haze FIP for Taconite
Sierra Club v. EPA 18cv3472 NDCA
Tiers 8&9
ED 002061 00086856-00002
Mr. Fotouhi,
Please find attached a letter from U. S. Steel Corporation requesting EPA to reconsider the agency's prior decision to reject mediation regarding the Federal Implementation Plan for taconite.
The letter is addressed to the Acting Regional Administrator from Region 5, Mr. Robert Kaplan, and copied to you.
We'd welcome an opportunity to share additional information regarding this matter and our belief that an equitable resolution can be reached in a timely manner, and which both adheres to the Clean Air Act's Best Available Retrofit Technology (BART) requirements and results in improved visibility. As stated in the letter, U. S. Steel believes the current FIP's application to U. S. Steel's two mine operations does not necessarily meet the goal of improved visibility, and in certain operating scenarios could actually result in contributing negatively to regional haze.
Thank you for your attention and consideration.
Best regards, Todd Young
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Todd D. Young Managing Director - Federal Governmental Affairs
901 K Street, NW
Suite 1250
Washington, DC 20001
i
'office
! Ex. 6 - Personal P rivacy i
...
I___________ mobile
tdyoung@uss.com
CONFIDENTIALITY NOTICE: The information contained in this email and any attachments may be confidential, legally privileged and/or exempt from disclosure under applicable law. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy all copies of the message.
Sierra Club v. EPA 18cv3472 NDCA
Tiers 8&9
ED 002061 00086856-00003