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Overview
For the three months endedMarch 31, 2022 , the Company delivered record first quarter performance. The Flat-rolled segment's performance reflected the impact of fixed price contracts that reset significantly higher for 2022 which offset lower sales volumes. In addition, the Company commenced construction of a pig iron facility at Gary Works during the three months endedMarch 31, 2022 .The Mini Mill segment continues to deliver significant gross margin performance. In the U. S. SteelEurope segment, strong performance was primarily the result of favorable pricing partially offset by unfavorable raw material and energy costs. In Tubular, we are well-positioned to profitably serve theU.S. energy market resurgence. Our Electric Arc Furnace (EAF) and Tubular operations inFairfield as well as our suite of proprietary connections offer comprehensive solutions for our customers. InFebruary 2022 ,Russia invadedUkraine and active conflict continues in the country. The war inUkraine will likely continue to cause disruption and instability inRussia ,Ukraine , and the markets in which we operate. The Company is constantly monitoring the situation for impacts and risks to the business and is implementing risk mitigating strategies where possible.
As a result of the invasion, governments around the world, including the
United States Steel Europe (USSE) purchases certain raw materials from sources that procure supply fromRussia , including natural gas, iron ore and coal. Since the onset of the war, and before, USSE has been building its inventory of iron ore and coal and procuring them through alternate sources. Current levels of iron ore and coal are sufficient to serve customer demand in the second quarter. With the EU prohibiting purchases of coal from suppliers inRussia , new purchases of coal originating fromRussia have stopped. The Company has built up sufficient inventory on site or in-transit to meet current customer demand. Efforts to secure alternate sources of supply are underway to continue meeting demand. Additionally, in response to sanctions,Russia has cut off supply of natural gas to certain countries, includingPoland andBulgaria . We understand that the country ofSlovakia has natural gas storage levels that are sufficient to coverSlovakia's consumption through the near term and expects additional shipments from Russian sources of natural gas in the quarter. While not expected, if a natural gas crisis is declared inSlovakia , operations at our USSE business could be materially adversely impacted. Future sanctions and responsive actions in the region remain uncertain, but we continue to engage with various governmental authorities and suppliers as we navigate the volatile situation. Our team in USSE has been engaged in humanitarian efforts related to the war, and we continue to operate to support the region's people and economy. RESULTS OF OPERATIONS U. S. Steel's results in the three months endedMarch 31, 2022 compared to the same period in 2021 benefited from significantly improved business conditions in each of the Company's four reportable segments: •North American Flat-Rolled (Flat-Rolled): Flat-Rolled results improved primarily due to higher steel prices across most consumer and manufacturing industries, with both spot and contract prices higher than pricing in the prior year period. The benefit of pricing was partially offset by lower volumes and increased raw material costs. •Mini Mill:Mini Mill results improved primarily due to higher steel prices across most customer and manufacturing industries and from a full current quarter of results compared to a partial prior quarter with the acquisition ofBig River Steel occurring onJanuary 15, 2021 . The benefit of higher net sales was partially offset by higher costs, primarily related to raw materials.
•U. S. Steel
•Tubular Products (Tubular): Tubular results improved primarily due to higher steel demand and prices from the steady increase of drilling activity. These benefits were partially offset by higher raw materials, operating costs and continued high levels of imports.
Net sales by segment for the three months ended
-23- -------------------------------------------------------------------------------- Three Months Ended March 31, (Dollars in millions, excluding intersegment sales) 2022 2021 % Change Flat-Rolled Products (Flat-Rolled) $ 2,954$ 2,272 30 % Mini Mill (a) 718 450 60 % U. S. Steel Europe (USSE) 1,251 798 57 % Tubular Products (Tubular) 309 134 131 % Total sales from reportable segments 5,232 3,654 43 % Other 2 10 (80) % Net sales $ 5,234$ 3,664 43 %
(a)
Management's analysis of the percentage change in net sales for U. S. Steel's reportable business segments for the three months endedMarch 31, 2022 versus the three months endedMarch 31, 2021 is set forth in the following table: Steel Products (a) Net Volume Price Mix Acquisition Variance FX (b) Other (c) Change Flat-Rolled (15) % 41 % - % n/a - % 3 % 29 % Mini Mill (d) (8) % 41 % - % 26 % - % 1 % 60 % USSE 7 % 58 % - % n/a (8) % - % 57 % Tubular 40 % 96 % (3) % n/a - % (2) % 131 % (a) Excludes intersegment sales. (b) Foreign currency translation effects. (c) Primarily of sales of raw materials and coke making by-products. (d)Mini Mill segment added afterJanuary 15, 2021 with the purchase of the remaining equity interest inBig River Steel . Net sales for the three months endedMarch 31, 2022 compared to the same period in 2021 were$5,234 million and$3,664 million , respectively. •For the Flat-Rolled segment the increase in sales primarily resulted from higher average realized prices ($480 per ton) across products, partially offset by decreased shipments (385 thousand tons) across most products. •For theMini Mill segment the increase in sales primarily resulted from higher realized prices ($405 per ton) across all products and increased shipments (60 thousand tons) as a result of the partial period of the Company's controlling interest in Big River Steel in Q1 2021. •For the USSE segment the increase in sales primarily resulted from higher average realized prices ($361 per ton) across all products and increased shipments (67 thousand tons) across most products. •For the Tubular segment the increase in sales primarily resulted from higher average realized prices ($977 per net ton) and increased shipments (39 thousand tons).
Selling, general and administrative expenses
Selling, general and administrative expenses were$117 million in the three months endedMarch 31, 2022 compared to$102 million in the three months endedMarch 31, 2021 . The increase in expenses in the three months endedMarch 31, 2022 versus the same period in 2021 primarily in ourMini Mill and USSE segments from higher profit, variable or incentive based costs.
Restructuring and other charges
During the three months ended
Operating configuration adjustments
The Company also adjusted its operating configuration in response to global overcapacity, unfair trade practices and increases in domestic demand as a result of tariffs on imports by indefinitely and temporarily idling and then re-starting production at certain of its facilities. U. S. Steel will continue to adjust its operating configuration in order to maximize its strategy of providing Best for All profitable steel solutions for all stakeholders.
Idled Operations
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In
In 2020, we took actions to adjust our footprint by idling certain operations to better align production with customer demand and respond to the impacts from the COVID-19 pandemic. The operations that were initially idled in 2020 and remained idle as ofMarch 31, 2022 included: •Blast Furnace A at Granite City Works •Lone Star Tubular Operations •Lorain Tubular Operations •Wheeling Machine Products coupling production facility atHughes Springs, Texas
As of
InDecember 2021 , the Company permanently idled the steelmaking operations at its Great Lakes Works facility. The coil finishing process continues to operate and the iron making process at Great Lakes Works remains idled for an indefinite period of time. The carrying value of the remaining Great Lakes Works indefinitely idled facilities was approximately$155 million as ofMarch 31, 2022 . In addition, inMarch 2022 , the Company permanently idled the finishing facilities at its East Chicago Tin operations, which had been idled on an indefinite basis during 2019.
Earnings (loss) before interest and income taxes by segment is set forth in the following table:
Three months ended March 31, % (Dollars in millions) 2022 2021 Change Flat-Rolled $ 513$ 146 251 % Mini Mill (a) 278 132 111 % USSE 264 105 151 % Tubular 77 (29) 366 % Total earnings from reportable segments 1,132 354 220 % Other 7 8 (13) % Segment earnings before interest and income taxes 1,139 362 215 %
Items not allocated to segments:
Restructuring and other charges (17) (6) Other charges, net (4) (42) Gains on asset sold and previously held investments - 111 Total earnings before interest and income taxes $ 1,118$ 425 163 %
(a)
Segment results for Flat-Rolled
Three months ended March 31, % 2022 2021 Change
Earnings before interest and taxes ($ millions) $ 513 $
146 251 % Gross margin 23 % 15 % 8 % Raw steel production (mnt) 2,205 2,581 (15) % Capability utilization 68 % 62 % 6 % Steel shipments (mnt) 1,947 2,332 (17) % Average realized steel price per ton$ 1,368 $ 888 54 % The increase in Flat-Rolled results for the three months endedMarch 31, 2022 compared to the same period in 2021 was primarily due to: •increased average realized prices, including mix (approximately$955 million ) •increased coke, iron ore and other non-steel sales (approximately$35 million ) •favorable equity investees income (approximately$30 million ), -25- -------------------------------------------------------------------------------- these changes were partially offset by: •decreased shipments (approximately$95 million ) •higher raw material costs (approximately$165 million ) •higher energy costs (approximately$75 million ) •increased operating costs (approximately$185 million ) •higher other costs predominantly variable compensation (approximately$135 million ).
Gross margin for the three months ended
Segment results for
Three Months Ended March 31, % 2022 2021 Change Earnings before interest and taxes ($ millions) $ 278 132 111 % Gross margin 46 % 36 % 10 % Raw steel production (mnt) 601 510 18 % Capability utilization 74 % 75 % (1) % Steel shipments (mnt) 507 447 13 % Average realized steel price per ton $ 1,372 $ 967 42 %
(a)
The increase inMini Mill results for the three months endedMarch 31, 2022 compared to the same period in 2021 was primarily due to: •increased average realized prices, including mix (approximately$245 million ) •increased shipments (approximately$25 million ) as a result of the partial period of the Company's controlling interest in Big River Steel in Q1 2021. these changes were partially offset by: •higher raw material costs (approximately$75 million ) •increased operating costs (approximately$15 million ) •higher energy costs (approximately$5 million ) •higher other costs, primarily variable compensation (approximately$30 million ). Gross margin for the three months endedMarch 31, 2022 compared to the same period in 2021 increased primarily as a result of higher average realized prices. Segment results for USSE Three Months Ended March 31, % 2022 2021 Change
Earnings before interest and taxes ($ millions) $ 264 $
105 151 % Gross margin 24 % 17 % 7 % Raw steel production (mnt) 1,088 1,197 (9) % Capability utilization 88 % 97 % (9) % Steel shipments (mnt) 1,110 1,043 6 % Average realized steel price per ($/ton)$ 1,109 $ 748 48 % Average realized steel price per (€/ton) € 988 € 620 59 % The increase in USSE results for the three months endedMarch 31, 2022 compared to the same period in 2021 was primarily due to: •increased average realized prices, including mix (approximately$450 million ) •increased shipments (approximately$15 million ), these changes were partially offset by: •higher raw material costs (approximately$145 million ) •increased operating costs (approximately$40 million ) •higher energy costs ($70 million ) •weakening of the Euro versus theU.S. dollar (approximately$20 million ) •higher other costs, primarily variable compensation (approximately$30 million ). -26- -------------------------------------------------------------------------------- Gross margin for the three months endedMarch 31, 2022 compared to the same period in 2021 increased primarily as a result of higher average realized prices and sales volume. Segment results for Tubular Three Months Ended March 31, % 2022 2021 Change Earnings/(loss) before interest and taxes ($ millions) $ 77 $ (29) 366 % Gross margin 29 % (11) % 40 % Raw steel production (mnt) 156 93 68 % Capability utilization 70 % 42 % 28 % Steel shipments (mnt) 128 89 44 % Average realized steel price per ton$ 2,349 $ 1,372 71 % The increase in Tubular results for the three months endedMarch 31, 2022 as compared to the same period in 2021 occurred despite continued high levels of imports and was primarily due to: •increased average realized prices, including mix (approximately$100 million ) •increased shipments, including volume efficiencies (approximately$15 million ) •lower other costs (approximately$5 million ), these changes were partially offset by: •higher raw material costs (approximately$5 million ) •increased operating costs (approximately$10 million ).
Gross margin for the three months ended
Net interest and other financial costs
Three Months Ended March 31, % (Dollars in millions) 2022 2021 Change Interest expense $ 50 $ 92 46 % Interest income (1) (1) - % Loss on debt extinguishment - 255 100 % Other financial benefits 2 18 (89) % Net periodic benefit income (61) (31) 97 % Total net interest and other financial (benefits) costs $ (10) $ 333 103 % Net interest and other financial (benefits) costs improved in the three months endedMarch 31, 2022 as compared to the same period last year from the absence of current year debt retirement losses, reduced interest expense from a reduced level of debt and an increase in net periodic benefit income, primarily due to lower amortization of actuarial losses.
Income taxes
Income tax expense was$246 million in the three months endedMarch 31, 2022 compared to$1 million in the three months endedMarch 31, 2021 , primarily because the tax provision for the three months endedMarch 31, 2021 included a full valuation allowance on domestic deferred tax assets.
Net earnings
Net earnings attributable toUnited States Steel Corporation were$882 million in the three months endedMarch 31, 2022 compared to net earnings of$91 million three months endedMarch 31, 2021 . The changes primarily reflect the factors discussed above. -27- --------------------------------------------------------------------------------
LIQUIDITY AND CAPITAL RESOURCES
Net Cash Provided by Operating Activities
Net cash provided by operating activities was$771 million for the three months endedMarch 31, 2022 compared to net cash provided by operating activities of$111 million in the same period in 2021. The period over period increase in cash from operations was primarily due to stronger financial results and increased taxes payable, partially offset by changes in working capital. Changes in working capital can vary significantly depending on factors such as the timing of inventory production and purchases, which is affected by the length of our business cycles as well as our captive raw materials position, customer payments of accounts receivable and payments to vendors in the regular course of business. As shown below our cash conversion cycle for the first quarter of 2022 increased by five days as compared to the fourth quarter of 2021 primarily from increased inventory days due to increase in raw material inventory. Cash Conversion Cycle First Quarter of 2022 Fourth Quarter of 2021 $ millions Days $ millions Days Accounts receivable, net (a)$2,415 39$2,089 37 + Inventories (b)$2,663 57$2,210 51 - Accounts Payable and Other Accrued Liabilities (c)$3,122 68$2,684 65 = Cash Conversion Cycle (d) 28 23 (a) Calculated as Average Accounts Receivable, net divided by totalNet Sales multiplied by the number of days in the period. (b) Calculated as Average Inventory divided by total Cost of Sales multiplied by the number of days in the period. (c) Calculated as Average Accounts Payable and Other Accrued Liabilities less bank checks outstanding and other current liabilities divided by total Cost of Sales multiplied by the number of days in the period. (d) Calculated as Accounts Receivable Days plus Inventory Days less Accounts Payable Days. The cash conversion cycle is a non-generally accepted accounting principles (non-GAAP) financial measure. We believe the cash conversion cycle is a useful measure in providing investors with information regarding our cash management performance and is a widely accepted measure of working capital management efficiency. The cash conversion cycle should not be considered in isolation or as an alternative to other GAAP metrics as an indicator of performance.
The last-in, first-out (LIFO) inventory method is the predominant method of inventory costing for our Flat-Rolled and Tubular segments. Based on the Company's latest internal forecasts and its inventory requirements, management does not believe there will be significant permanent LIFO liquidations that would impact earnings for the remainder of 2022.
Net cash used in investing activities was$352 million or the three months endedMarch 31, 2022 compared to net cash used in investing activities of$762 million in the same period in 2021 primarily due to capital expenditures (as discussed below). Capital expenditures for the three months endedMarch 31, 2022 , were$349 million , compared with$136 million in the same period in 2021. Flat-Rolled capital expenditures were$117 million which includes spending for the construction of a pig iron facility at Gary Works, hot strip mill upgrades at Gary Works, mining equipment and other infrastructure, environmental, and strategic projects.Mini Mill capital expenditures were$211 million and included spending for continuous galvanizing line 2 and a non-grain oriented line.Mini Mill segment capital expenditures also included$138 million of capital expenditures for a new mill under construction inOsceola, Arkansas (Mini Mill #2). USSE capital expenditures were$17 million and included spending for blast furnace stove and rail bridge upgrades and various other projects. Tubular capital expenditures were$4 million and included spending forFairfield EAF projects, ASU Plant and various other infrastructure, and environmental projects.
Net cash used in financing activities was$71 million for the three months endedMarch 31, 2022 compared to net cash used in financing activities of$573 million in the same period last year. The period over period increase in cash from financing activities was primarily due to the absence of significant current year debt repayments and current year proceeds from government grants, partially offset by the absence of current year common stock issuances and the current year repurchase of common stock.
Debt Financing
Certain of our credit facilities, including the Credit Facility Agreement, the Big River Steel ABL Facility, the USSK Credit Agreement and the Export Credit Agreement, contain standard terms and conditions including customary material adverse -28- --------------------------------------------------------------------------------
change clauses. If a material adverse change was to occur, our ability to fund future operating and capital requirements could be negatively impacted.
We may from time to time seek to retire or repurchase our outstanding long-term debt through open market purchases, privately negotiated transactions, exchange transactions, redemptions or otherwise. Such purchases or exchanges, if any, will depend on prevailing market conditions, our liquidity requirements, and other factors and may be commenced or suspended at any time. The amounts involved may be material. See Note 15 to the Condensed Consolidated Financial Statements for further details regarding U. S. Steel's debt. We use surety bonds, trusts and letters of credit to provide financial assurance for certain transactions and business activities. The use of some forms of financial assurance and cash collateral have a negative impact on liquidity. U. S. Steel has committed approximately$295 million of liquidity sources for financial assurance purposes as ofMarch 31, 2022 . Increases in certain of these commitments which use collateral are reflected within cash, cash equivalents and restricted cash on the Condensed Consolidated Statement of Cash Flows.
Share Repurchases
Common stock repurchased under our common stock repurchase program that was approved inOctober 2021 and increased inJanuary 2022 totaled 5,031,970 shares and approximately$123 million in the three months endedMarch 31, 2022 . See Note 22 to the Condensed Consolidated Financial Statements for further details.
Capital Requirements
U. S. Steel's contractual commitments to acquire property, plant and equipment
at
Liquidity
The following table summarizes U. S. Steel's liquidity as ofMarch 31, 2022 : (Dollars in millions) Cash and cash equivalents$ 2,866 Amount available under Credit Facility Agreement
1,746
Amount available underBig River Steel - Revolving Line of Credit 350 Amount available under USSK Credit Agreement and USSK Credit Facility 347 Total estimated liquidity$ 5,309 In the first quarter of 2022, we received$82 million in proceeds from government incentives forMini Mill #2 from the sale of tax credits under theState of Arkansas's Recycling Tax Credit program. The Company is contingently liable for certain repayment penalties if it fails to meet certain employment requirements. See Note 21 to the Condensed Consolidated Financial Statements for further details. We finished the first quarter of 2022 with$2,866 million of cash and cash equivalents and$5,309 million of total liquidity. Available cash is left on deposit with financial institutions or invested in highly liquid securities with parties we believe to be creditworthy. Substantially all of the liquidity attributable to our foreign subsidiaries can be accessed without the imposition of income taxes as a result of a prior election to liquidate forU.S. income tax purposes a foreign subsidiary that holds most of our international operations. We expect that our estimated liquidity requirements will consist primarily of the remaining portion of our 2022 planned strategic and sustaining capital expenditures, working capital requirements, interest expense, and operating costs and employee benefits for our operations after taking into account the footprint actions and cost reductions at our plants and headquarters. Our available liquidity atMarch 31, 2022 consists principally of our cash and cash equivalents and available borrowings under the Credit Facility Agreement, Big River Steel ABL Facility, USSK Credit Agreement and the USSK Credit Facility. Management continues to evaluate market conditions in our industry and our global liquidity position, and may consider additional actions to further strengthen our balance sheet and optimize liquidity, including but not limited to the repayment or refinancing of outstanding debt and the incurrence of additional debt to opportunistically finance strategic projects. The company may also return excess liquidity to shareholders through share repurchases and dividends from time to time if deemed appropriate by management. U. S. Steel management believes that our liquidity will be adequate to fund our requirements based on our current assumptions with respect to our results of operations and financial condition. -29- --------------------------------------------------------------------------------
Environmental Matters, Litigation and Contingencies
Some of U. S. Steel's facilities were in operation before 1900. Although the Company believes that its environmental practices have either led the industry or at least been consistent with prevailing industry practices, hazardous materials have been and may continue to be released at current or former operating sites or delivered to sites operated by third parties. OurU.S. facilities are subject to environmental laws applicable in theU.S. , including the Clean Air Act (the CAA), the Clean Water Act (CWA), the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as well as state and local laws and regulations.
U. S. Steel has incurred and will continue to incur substantial capital,
operating, and maintenance and remediation expenditures as a result of
environmental laws and regulations, related to release of hazardous materials,
which in recent years have been mainly for process changes to meet the CAA
obligations and similar obligations in
EU Environmental Requirements and Slovak Operations
Phase IV of the EU Emissions Trading System (EU ETS ) commenced onJanuary 1, 2021 , and will finish onDecember 31, 2030 . TheEuropean Commission issued final approval of the Slovak National Allocation table inJuly 2021 .The Slovak Ministry of Environment , after consent of theEuropean Commission , allocated the full amount of 2021 free allowances to USSE inDecember 2021 . In addition, a portion of the 2022 expected free allowances were received by USSE inFebruary 2022 . In the fourth quarter of 2020, USSE started purchasing EUA for the Phase IV period. As ofMarch 31, 2022 , we have pre-purchased approximately 3.8 million EUA totaling €168 million (approximately$186 million ).The EU's Industrial Emissions Directive requires implementation ofEU determined best available techniques (BAT) for Iron and Steel production, to reduce environmental impacts as well as compliance with BAT associated emission levels. Total capital expenditures for projects to comply with or go beyond BAT requirements were €138 million (approximately$153 million ) over the actual program period. These costs were partially offset by theEU funding received and may be mitigated over the next measurement periods if USSK complies with certain financial covenants, which are assessed annually. USSK complied with these covenants as ofMarch 31, 2022 . If we are unable to meet these covenants in the future, USSK might be required to provide additional collateral (e.g., bank guarantee) to secure 50 percent of theEU funding received.
For further discussion of laws applicable in
New and Emerging Environmental Regulations
Future compliance with CO2 emission requirements may include substantial costs for emission allowances, restriction of production and higher prices for coking coal, natural gas and electricity generated by carbon-based systems. Because we cannot predict what requirements ultimately will be imposed in theU.S. andEurope , it is difficult to estimate the likely impact on U. S. Steel, but it could be substantial. OnMarch 28, 2017 ,President Trump signed Executive Order 13783 instructing theUnited States Environmental Protection Agency (theU.S. EPA ) to review the Clean Power Plan (the CPP). As a result, inJune 2019 , theU.S. EPA published a final rule, the "Affordable Clean Energy (ACE) Rule" that replaced the CPP. Twenty-three states, theDistrict of Columbia , and seven municipalities are challenging the CPP repeal and ACE rule in theU.S. Court of Appeals for the District of Columbia (the D.C.)Circuit . A coalition of 21 states has intervened in the litigation in support of theU.S. EPA . Various other public interest organizations, industry groups, and members ofCongress are also participating in the litigation. OnJanuary 19, 2021 , the D.C. Circuit vacated and remanded the ACE to theU.S. EPA , while the CPP remains stayed. OnOctober 19, 2021 , theUnited States Supreme Court granted petitions for certiorari filed by theState of West Virginia and others. Oral arguments regarding the petitions were held before theU.S. Supreme Court onFebruary 28, 2022 . BecauseU.S. EPA has not re-instated the Obama-era Clean Power Plan and it is unclear on how theU.S. Supreme Court will decide the case, impacts to our operations as a result of any future greenhouse gas regulations are not estimable at this time since the matter is unsettled. The PhaseIV EU ETS period spans 2021-2030 and began onJanuary 1 , 2021.The Phase IV period is divided into two sub periods (2021-2025 and 2026-2030), rules for the first subperiod are finalized, however we expect that rules for the second subperiod may be more stringent than those for the first one. Currently, the overallEU target is a 40 percent reduction of 1990 emissions by 2030. Free allocation of CO2 allowances is based on reduced benchmark values which have been published in the first quarter of 2021 and historical levels of production from 2014-2018. Allocations to individual installations may be adjusted annually to reflect relevant increases and decreases in production. The threshold for adjustments is set at 15 percent and will be assessed on the basis of a rolling average of two precedent years. Production data verified by an external auditor shows that USSE missed the 15 percent threshold in 2019-20; therefore, the free allocation for 2021 was decreased. Additionally, lower production in 2019 and 2020 will have an impact on the future free allocation for 2026-2030, where the historical production average for years 2019-2023 will be assessed. Once approved, the rules may impact subperiod 2026-2030.
In order to achieve the
-30- -------------------------------------------------------------------------------- functions and requirements, including: a new carbon border adjustment mechanism to impose carbon fees onEU imports, further reduction of free CO2 allowance allocation to heavy industry and measures to strengthen the supply of carbon allowances. The proposals are subject to theEU legislative process, and we cannot predict their future impact.
The CAA imposes stringent limits on air emissions with a federally mandated operating permit program and civil and criminal enforcement sanctions. The CAA requires, among other things, the regulation of hazardous air pollutants through the development and promulgation of National Emission Standards for Hazardous Air Pollutants (NESHAP) and Maximum Achievable Control Technology (MACT) Standards. TheU.S. EPA has developed various industry-specific MACT standards pursuant to this requirement. The CAA requires theU.S. EPA to promulgate regulations establishing emission standards for each category ofHazardous Air Pollutants. TheU.S. EPA also must conduct risk assessments on each source category that is already subject to MACT standards and determine if additional standards are needed to reduce residual risks. While our operations are subject to several different categories of NESHAP and MACT standards, the principal impact of these standards on U. S. Steel's operations includes those that are specific to coke making, iron making, steel making and iron ore processing. OnJuly 13, 2020 , theU.S. EPA published a Residual Risk andTechnology Review rule for the Integrated Iron and Steel MACT category in theFederal Register . Based on the results of theU.S. EPA's risk review, the agency determined that risks due to emissions of air toxics from the Integrated Iron and Steel category are acceptable and that the current regulations provided an ample margin of safety to protect public health. Under the technology review, theU.S. EPA determined that there are no developments in practices, processes or control technologies that necessitate revision of the standards. InSeptember 2020 , several petitions for review of the rule, including those filed by the Company, theAmerican Iron and Steel Institute (the AISI),Clean Air Council and others, were filed with theUnited States Court of Appeals for the D.C. Circuit . The cases were consolidated and are being held in abeyance until theU.S. EPA reviews and responds to administrative petitions for review.U.S. EPA is required by court order to issue a final rule byOctober 26, 2023 . BecauseU.S. EPA has yet to propose a revised iron and steel rule, any impacts are inestimable at this time. For the Taconite Iron Ore Processing category, based on the results of theU.S. EPA's risk review, the agency promulgated a final rule onJuly 28, 2020 , in which theU.S. EPA determined that risks from emissions of air toxics from this source category are acceptable and that the existing standards provide an ample margin of safety. Furthermore, under the technology review, the agency identified no cost-effective developments in controls, practices, or processes to achieve further emissions reductions. Petitions for review of the rule were filed in theUnited States Court of Appeals for the D.C. Circuit , in which the Company and the AISI intervened.U.S. EPA is required by court order to issue a final rule byNovember 16, 2023 . BecauseU.S. EPA has yet to propose a revised taconite rule, any impacts are inestimable at this time.U.S. EPA is in the process of conducting its statutorily obligated residual risk and technology review of coke oven standards. Because theU.S. EPA has not completed its review of the Coke MACT regulations, any impacts related to theU.S. EPA's review of the coke standards cannot be estimated at this time. In response to Court orders that invalidated prior U. S.EPA determinations regarding ozone attainment interference, onApril 6, 2022 ,U.S. EPA proposed a Federal Implementation Plan (that would replace several pending or disapproved State Implementation Plans) forRegional Ozone Transport for the 2015 Ozone National Ambient Air Quality Standard. The proposed rule would affect electric generating units (EGUs) in 26 states and certain non-EGU industries, including, among several others, coke ovens, taconite production kilns, boilers, blast furnaces, basic oxygen furnaces, reheating furnaces, and annealing furnaces in 23 states, including those where U. S. Steel has operations. Based upon the Company's initial review, the impacts of the rule, if promulgated as proposed, could be material. The CAA also requires theU.S. EPA to develop and implement NAAQS for criteria pollutants, which include, among others, particulate matter (PM) - consisting of PM10 and PM2.5, lead, carbon monoxide, nitrogen dioxide, sulfur dioxide (SO2), and ozone. InOctober 2015 , theU.S. EPA lowered the NAAQS for ozone from 75 parts per billion (ppb) to 70 ppb. OnNovember 6, 2017 , theU.S. EPA designated most areas in which we operate as attainment with the 2015 standard. In a separate ruling, onJune 4, 2018 , theU.S. EPA designated other areas in which we operate as "marginal nonattainment" with the 2015 ozone standard. OnDecember 6, 2018 , theU.S. EPA published a final rule regarding implementation of the 2015 ozone standard. Because no state regulatory or permitting actions to bring the ozone nonattainment areas into attainment have yet to be proposed or developed for U. S. Steel facilities, the operational and financial impact of the ozone NAAQS cannot be reasonably estimated at this time. OnDecember 31, 2020 , theU.S. EPA published a final rule pursuant to its statutorily required review of NAAQS that retains the ozone NAAQS at 70 ppb. InJanuary 2021 ,New York , along with several states and non-governmental organizations filed petitions for judicial review of the action with theUnited States Court of Appeals for the D.C. Circuit . Several other states and industry trade groups intervened in support of the U. S.EPA 's action. The case remains in abeyance before the court untilDecember 15, 2023 , as theU.S. EPA voluntarily reconsiders the ozone NAAQS. Because theU.S. EPA has yet to complete its reconsideration and propose a revised ozone NAAQS, any impacts are inestimable at this time. OnDecember 14, 2012 , theU.S. EPA lowered the annual standard for PM2.5 from 15 micrograms per cubic meter (ug/m3) to 12 ug/m3 and retained the PM2.5 24-hour and PM10 NAAQS rules. InDecember 2014 , theU.S. EPA designated some areas in which -31- -------------------------------------------------------------------------------- U. S. Steel operates as nonattainment with the 2012 annual PM2.5 standard. OnApril 6, 2018 , theU.S. EPA published a notice thatPennsylvania ,California andIdaho failed to submit a State Implementation Plan (an SIP) to demonstrate attainment with the 2012 fine particulate standard by the deadline established by the CAA. As a result of the notice,Pennsylvania , a state in which we operate, was required to submit an SIP to theU.S. EPA no later thanNovember 7, 2019 to avoid sanctions. OnApril 29, 2019 , theAllegheny County Health Department (ACHD) published a draft SIP for theAllegheny County nonattainment area which demonstrates that all ofAllegheny County will meet its reasonable further progress requirements and be in attainment with the 2012 PM2.5 annual and 24-hour NAAQS byDecember 31, 2021 , with the existing controls that are in place. OnSeptember 12, 2019 , theAllegheny County Board of Health unanimously approved the draft SIP. The draft SIP was then sent to thePennsylvania Department of Environmental Protection (PADEP). PADEP submitted the SIP to theU.S. EPA for approval onNovember 1, 2019 . To date, theU.S. EPA has not taken action on PADEP's submittal. OnDecember 18, 2020 , theU.S. EPA published a final rule pursuant to its statutorily required review of NAAQS that retains the existing PM2.5 standards without revision. In early 2021, several states and non-governmental organizations filed petitions for judicial review of the action with theUnited States Court of Appeals for the D.C. Circuit . Several industry trade groups intervened in support of theU.S. EPA's action. The case remains in abeyance before the court untilMarch 1, 2023 , asU.S. EPA voluntarily reconsiders the PM2.5 NAAQS. In court filings,U.S. EPA advised the Court that it intends to complete its reconsideration process by proposing a rule in Summer 2022 and promulgating a final rule in Spring 2023. BecauseU.S. EPA has yet to complete its reconsideration and propose a revised PM2.5 NAAQS, any impacts are inestimable at this time. OnJanuary 26, 2021 , ACHD announced that for the first time in history all eight air quality monitors inAllegheny County met the federal air quality standards including, in particular sulfur dioxide and particulate matter (PM2.5 and PM10). Preliminary data from 2021 indicates that all eight air quality monitors continue to meet the standards. OnMarch 16, 2022 ,U.S. EPA published a final rule, a clean data determination, showing thatAllegheny County has attained the 2012 annual PM2.5 NAAQS based on the 2018 - 2020 ambient air quality data. Based on these data, ACHD is in the process of seekingEPA approval to redesignate the area as attainment with the 2012 annual PM2.5 NAAQS.
For further discussion of relevant environmental matters, including environmental remediation obligations, see "Item 1. Legal Proceedings - Environmental Proceedings."
OFF-BALANCE SHEET ARRANGEMENTS
U. S. Steel did not enter into any new material off-balance sheet arrangements during the first quarter of 2022.
U. S. Steel continues to face import competition, much of which is unfairly traded and fueled by massive global steel overcapacity, currently estimated to be over 500 million metric tons per year-more than five times the entireU.S. steel market and over seventeen times totalU.S. steel imports. These imports and overcapacity negatively impact the Company's operational and financial performance. U. S. Steel continues to lead efforts to address these challenges that threaten the Company, our workers, our stockholders, and our country's national and economic security. As of the date of this filing, pursuant to a series of Presidential Proclamations issued in accordance with Section 232 of the Trade Expansion Act of 1962,U.S. imports of certain steel products are subject to a 25 percent tariff, except: (1) imports fromArgentina ,Brazil , andSouth Korea , which are subject to restrictive quotas; (2) imports from theEuropean Union (EU ) andJapan that are melted and poured in theEU /Japan , within quarterly tariff-rate quota (TRQ) limits; (3) imports fromCanada andMexico , which are not subject to tariffs or quotas, but tariffs could be re-imposed on surging product groups after consultations; and (4) imports fromAustralia , which are not subject to tariffs, quotas, or an anti-surge mechanism. InFebruary 2022 ,the United States andJapan agreed to Section 232 TRQs that went into effect onApril 1, 2022 . InMarch 2022 ,the United States and theUnited Kingdom (UK ) announced Section 232 TRQs that will go into effect onJune 1, 2022 .
The
Multiple legal challenges to the Section 232 action continue before theU.S. Court of International Trade (CIT) and theU.S. Court of Appeals for the Federal Circuit (CAFC), the latter which has consistently rejected constitutional and statutory challenges to the Section 232 action. Since its implementation inMarch 2018 , the Section 232 action has supported theU.S. steel industry's and U. S. Steel's investments in advanced steel production capabilities, technology, and skills, strengtheningU.S. national and economic security. The Company continues to actively defend the Section 232 action.
In
Antidumping duties (AD) and countervailing duties (CVD or antisubsidy duties) apply in addition to the Section 232 tariffs, quotas, TRQs and the EC's safeguard, and AD/CVD orders may continue beyond the Section 232 action and the EC's safeguard. U. S. -32- -------------------------------------------------------------------------------- Steel continues to actively defend and maintain the 60 U.S. AD/CVD orders and 10EU AD/CVD orders covering U. S. Steel products in multiple proceedings before the DOC,U.S. International Trade Commission (ITC), CIT, CAFC, the EC and European courts, and theWTO . DOC is conducting new AD/CVD investigations on imports of OCTG fromArgentina ,Mexico ,Korea , andRussia that are expected to conclude in the second half of 2022. The ITC is conducting five-year "sunset" reviews of AD/CVD orders on hot-rolled steel, cold-rolled steel, and corrosion-resistant steel from twelve countries, with decisions expected in the second half of 2022. In April,the United States suspended normal trade relations withRussia andBelarus , resulting in higher normal tariffs on imports fromRussia andBelarus , including steel and raw materials.
Additional tariffs of 7.5 to 25 percent continue to apply to certain
The United States andEU are currently negotiating a global arrangement on steel overcapacity and carbon intensity that is targeted for completion by the end of 2023.The Global Forum on Steel Excess Capacity , theOrganisation for Economic Co-operation and Development Steel Committee , and trilateral negotiations betweenthe United States ,EU andJapan continue to address steel overcapacity.
U. S. Steel will continue to execute a broad, global strategy to maximize opportunities and navigate challenges presented by imports, global steel overcapacity, and international trade law and policy developments.
NEW ACCOUNTING STANDARDS
See Notes 2 and 3 to the Condensed Consolidated Financial Statements in Part I
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