Overview
During the three months endedMarch 31, 2023 , the Company noted favorable trends in the commercial environment for all reportable segments. For the North American Flat-Rolled segment, sequential results were lower in the first quarter due in part to the typical seasonal mining headwinds and lower average selling prices. Customer demand and selling prices improved as the quarter progressed. Improved market prices should be more fully reflected in our second quarter results as extended lead times delayed pricing realization in the first quarter. The improving commercial environment led to our decision to restart blast furnace #3 at Mon Valley Works in January and blast furnace #8 at Gary Works in March.The Mini Mill segment benefited from rising spot prices and normalizing raw material costs on a sequential basis to the fourth quarter 2022. For the second quarter, we expect theMini Mill segment's average selling price to continue to increase sequentially. The U. S. SteelEurope segment benefited from higher volume and lower raw material costs on a sequential basis to the fourth quarter 2022 partially offset by lower average selling prices. As a result of improving demand inEurope , the Company restarted blast furnace #2 at USSK in January. For the second quarter, we expect results at USSE to improve due to increased realization of higher market prices in the segment's average selling price compared to the first quarter 2023. The Tubular segment results benefited from continued strong demand and higher pricing on a sequential basis to the fourth quarter 2022. In the second quarter, we expect lower pricing coming off elevated fourth quarter 2022 levels and customer inventory rebalancing to impact segment performance in relation to the first quarter 2023. The Company continued to advance its Best for All® strategy in the first quarter. Construction ofBig River 2 inOsceola, Arkansas continued during the quarter. This new mini mill is expected to have about 3 million tons per year of steelmaking capability and will combine two state-of-the-art EAFs with differentiated steelmaking and finishing technology, including endless casting and rolling equipment and a planned advanced high-strength steel (AHSS) finishing line. This project is on track to be completed in 2024. In addition, construction of a direct reduced (DR) grade pellet facility at the Company's Keetac ore operations continues, as well as the construction on a 200 thousand ton non-grain oriented (NGO) electrical steel line and a 325 thousand ton galvanize/Galvalume® line, both atBig River Steel . These projects are on-budget and on track for on-time completion. Capital expenditures for strategic projects were$582 million during the three months endedMarch 31, 2023 . Fluctuations in the market price of raw materials and other inflationary impacts have affected the results of each of our reportable segments, and fluctuations going-forward are reasonably likely to have a material impact on future results. We could experience inflation related headwinds for certain raw materials and other costs. InFebruary 2022 ,Russia invadedUkraine and active conflict continues in the country. The war inUkraine will likely continue to cause disruption and instability inRussia ,Ukraine , as well as the markets in which we operate. The Company is constantly monitoring the situation for impacts and risks to the business and has implemented risk mitigating strategies where possible. As a result of the invasion, governments around the world, including theEuropean Union (EU) andthe United States of America (U.S. ), have enacted sanctions againstRussia and Russian interests. We are complying with all applicable sanctions that impact our business. 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. 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 and alternate supply chains have been fully implemented. Additionally, Russian supply of natural gas toEurope has decreased significantly in response to enacted sanctions. However,Slovakia has natural gas storage and access to additional supply from countries includingNorway , theU.S. andAfrica . Together, -24- --------------------------------------------------------------------------------
these sources are enough to support the country's expected consumption through the first half of 2023, which includes demand for natural gas for our USSE segment operations.
RESULTS OF OPERATIONS
U. S. Steel's results in the three months endedMarch 31, 2023 , compared to the same period in 2022, declined for the North American Flat-Rolled,Mini Mill and U. S. SteelEurope segments, primarily as a result of lower sales pricing. The Company's Tubular Products segment outperformed the prior year period due to higher sales pricing and increased demand.
•North American Flat-Rolled (Flat-Rolled): Flat-Rolled results declined primarily due to lower sales price across many customer and manufacturing industries.
•Mini Mill:
•USSE: USSE results declined primarily due to lower sales volume and price and higher raw material and energy costs.
•Tubular: Tubular results improved primarily due to higher sales price from the steady high levels of drilling activity, partially offset by continued high levels of imports. Net sales by segment for the three months endedMarch 31, 2023 and 2022 are set forth in the following table: Three Months Ended March 31, (Dollars in millions, excluding intersegment sales) 2023 2022 % Change Flat-Rolled$ 2,570 $ 2,954 (13)% Mini Mill 553 718 (23)% USSE 838 1,251 (33)% Tubular 505 309 63% Total sales from reportable segments 4,466 5,232 (15)% Other 4 2 100% Net sales$ 4,470 $ 5,234 (15)% Management's analysis of the percentage change in net sales for U. S. Steel's reportable business segments for the three months endedMarch 31, 2023 versus the three months endedMarch 31, 2022 : Steel Products (a) Volume Price Mix FX (b) Other (c) Net Change Flat-Rolled 15 % (24) % (3) % - % (1) % (13) % Mini Mill 29 % (52) % - % - % - % (23) % USSE (20) % (9) % (1) % (4) % 1 % (33) % Tubular 2 % 60 % 1 % - % - % 63 % (a) Excludes intersegment sales. (b) Foreign currency translation effects. (c) Primarily sales of raw materials and coke making by-products. Net sales for the three months endedMarch 31, 2023 compared to the same period in 2022 were$4,470 million and$5,234 million , respectively. •For the Flat-Rolled segment, the decrease in sales primarily resulted from lower average realized prices ($356 per ton) across most products, partially offset by increased shipments (331 thousand tons) across most products. •For theMini Mill segment, the decrease in sales primarily resulted from lower average realized prices ($578 per ton) across all products, partially offset by increased shipments (152 thousand tons) across all products. •For the USSE segment, the decrease in sales primarily resulted from lower average realized prices ($200 per ton) across most products and decreased shipments (227 thousand tons) across most products. •For the Tubular segment, the increase in sales primarily resulted from higher average realized prices ($1,408 per ton) and increased shipments (3 thousand tons).
Selling, general and administrative expenses
-25- -------------------------------------------------------------------------------- Selling, general and administrative expenses were$99 million in the three months endedMarch 31, 2023 compared to$117 million in the three months endedMarch 31, 2022 . The change in period over period expenses was primarily driven by profit and variable based incentive costs.
Restructuring and other charges
During the three months endedMarch 31, 2023 , the Company recognized restructuring and other charges of$1 million compared to charges of$17 million recognized during the three months endedMarch 31, 2022 . The charges recognized in the current and the prior year period pertain to the planned disposition of certain assets related to a component of the Company's flat-rolled business. See Note 20 to the Condensed Consolidated Financial Statements for further details.
Operating configuration adjustments
The Company adjusts its operating configuration in response to changes in market conditions, global overcapacity, unfair trade practices, and changes in customer demand. These operating configuration adjustments can include indefinitely and temporarily idling certain of its facilities as well as re-starting production at certain of its facilities. The Company will continue to adjust its operating configuration in order to ensure its order book and production footprint are balanced. Idled Operations The following operations were initially idled in 2020 and remained idle as ofMarch 31, 2023 . These facilities and their respective carrying values as ofMarch 31, 2023 included: •Blast furnace A at Granite City Works,$55 million •Lone Star Tubular Operations,$5 million •Lorain Tubular Operations,$60 million •Wheeling Machine Products coupling production facility atHughes Springs, Texas , immaterial In 2022, U. S. Steel indefinitely idled the majority of the tin mill operations at Gary Works. This included the Tin Line #5 and the Tin Line #6. As ofMarch 31, 2023 , the carrying value of the indefinitely idled tin mill operations assets at Gary Works is$80 million .
In the first quarter of 2023, the Company completed the previously announced permanent shutdown of coke batteries numbers 1 through 3 at the Mon Valley Works.
Earnings (loss) before interest and income taxes by segment is set forth in the following table:
-26- -------------------------------------------------------------------------------- Three months ended March 31, % (Dollars in millions) 2023 2022 Change Flat-Rolled $ (7)$ 529 (101) % Mini Mill 12 278 (96) % USSE (34) 264 (113) % Tubular 232 77 201 % Total earnings from reportable segments 203 1,148 (82) % Other 3 7 (57) % Segment earnings before interest and income taxes 206 1,155 (82) %
Items not allocated to segments:
Restructuring and other charges (1) (17) Stock-based compensation expense(a) (11) (16) Other charges, net (5) (4) Total earnings before interest and income taxes $ 189$ 1,118 (83) %
(a) The prior year was retroactively adjusted to reflect the reclassification of stock-based compensation expense.
Segment results for Flat-Rolled
Three months ended March 31, % 2023 2022 Change (Loss) earnings before interest and taxes ($ millions) $ (7) $ 529 (101) % Gross margin 9 % 23 % (14) % Raw steel production (mnt) 2,393 2,205 9 % Capability utilization 74 % 68 % 6 % Steel shipments (mnt) 2,278 1,947 17 % Average realized steel price per ton$ 1,012 $ 1,368 (26) % The decrease in Flat-Rolled results for the three months endedMarch 31, 2023 compared to the same period in 2022 was primarily due to: •lower average realized prices, including mix (approximately$755 million ) •lower non-prime sales (approximately$10 million ) •higher raw material costs (approximately$30 million ) •higher energy costs (approximately$40 million ) •unfavorable equity investees income (approximately$40 million ), these changes were partially offset by: •increased shipments, including volume efficiencies (approximately$225 million ) •lower operating costs (approximately$30 million ) •lower other costs, predominantly variable compensation (approximately$85 million ).
Gross margin for the three months ended
-27- --------------------------------------------------------------------------------
Segment results forMini Mill Three Months Ended March 31, % 2023 2022 Change Earnings before interest and taxes ($ millions) $ 12 278 (96) % Gross margin 10 % 46 % (36) % Raw steel production (mnt) 759 601 26 % Capability utilization 93 % 74 % 19 % Steel shipments (mnt) 659 507 30 % Average realized steel price per ton $ 794$ 1,372 (42) % The decrease inMini Mill results for the three months endedMarch 31, 2023 compared to the same period in 2022 was primarily due to: •lower average realized prices, including mix (approximately$430 million ) •lower other and non-prime sales (approximately$10 million ) these changes were partially offset by: •increased shipments (approximately$110 million ) •lower raw material costs (approximately$40 million ) •lower other costs, primarily variable compensation (approximately$25 million ).
Gross margin for the three months ended
Segment results for USSE Three Months Ended March 31, % 2023 2022 Change (Loss) earnings before interest and taxes ($ millions) $ (34) $ 264 (113) % Gross margin - % 24 % (24) % Raw steel production (mnt) 1,092 1,088 - % Capability utilization 89 % 88 % 1 % Steel shipments (mnt) 883 1,110 (20) % Average realized steel price per ($/ton) $ 909$ 1,109 (18) % Average realized steel price per (€/ton) € 847 € 988 (14) % The decrease in USSE results for the three months endedMarch 31, 2023 compared to the same period in 2022 was primarily due to: •lower average realized prices, including mix (approximately$115 million ) •decreased shipments (approximately$45 million ) •higher raw material costs (approximately$125 million ) •higher energy costs (approximately$10 million ) •weakening of the Euro versus theU.S. dollar (approximately$25 million ), these changes were partially offset by: •lower operating costs (approximately$5 million ) •lower other costs (approximately$15 million ).
Gross margin for the three months ended
Segment results for Tubular -28- -------------------------------------------------------------------------------- Three Months Ended March 31, % 2023 2022 Change
Earnings before interest and taxes ($ millions) $ 232 $
77 201 % Gross margin 49 % 29 % 20 % Raw steel production (mnt) 171 156 10 % Capability utilization 77 % 70 % 7 % Steel shipments (mnt) 131 128 2 % Average realized steel price per ton$ 3,757 $ 2,349 60 % The increase in Tubular results for the three months endedMarch 31, 2023 compared to the same period in 2022 was primarily due to: •higher average realized prices (approximately$170 million ) •increased shipments (approximately$5 million ) •lower raw material costs (approximately$5 million ), these changes were partially offset by: •higher operating costs (approximately$5 million ) •higher other costs, primarily variable compensation (approximately$20 million ).
Gross margin for the three months ended
Net interest and other financial benefits
Three Months Ended March 31, % (Dollars in millions) 2023 2022 Change Interest expense $ 27 $ 50 46 % Interest income (30) (1) 2,900 % Other financial costs 6 2 (200) % Net periodic benefit income (42) (61) (31) % Net gain from investments related to active employee benefits (22) - n/a Total net interest and other financial benefits $ (61) $ (10) 510 % Net interest and other financial benefits improved in the three months endedMarch 31, 2023 , as compared to the same period in 2022 primarily due to increased interest income on cash deposits, lower interest expense as a result of increased capitalized interest, and gains on the investments in the surplus VEBA subaccount portfolio, partially offset by reduced net periodic benefit income due to 2022 plan asset performance, the transfer of$595 million in surplus VEBA funds, and increased prior service cost.
Income taxes
Income tax expense was$51 million and$246 million for the three months endedMarch 31, 2023 andMarch 31, 2022 , respectively. The change from the prior year period was primarily due to a decrease in earnings before taxes.
Net earnings
Net earnings attributable toUnited States Steel Corporation were$199 million in the three months endedMarch 31, 2023 compared to net earnings of$882 million in the three months endedMarch 31, 2022 . The changes primarily reflect the factors discussed above. -29- --------------------------------------------------------------------------------
LIQUIDITY AND CAPITAL RESOURCES
Net Cash Provided by Operating Activities
Net cash provided by operating activities was$181 million for the three months endedMarch 31, 2023 compared to net cash provided by operating activities of$771 million in the same period in 2022. The period over period decrease in cash from operations from the prior year period was primarily due to lower net earnings and changes in income taxes payable and deferred taxes, 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 2023 decreased by 5 days as compared to the fourth quarter of 2022.
Cash Conversion Cycle First Quarter of 2023 Fourth Quarter of 2022 $ millions Days $ millions Days Accounts receivable, net (a)$1,808 35$1,634 39 + Inventories (b)$2,541 56$2,359 60 - Accounts Payable and Other Accrued Liabilities (c)$3,001 67$2,831 70 = Cash Conversion Cycle (d) 24 29 (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 2023.
Net cash used in investing activities was$738 million for the three months endedMarch 31, 2023 compared to net cash used in investing activities of$352 million in the same period in 2022. The increase in net cash used in investing activities was primarily due to increased capital expenditures (discussed in more detail below). Capital expenditures for the three months endedMarch 31, 2023 , were$740 million , compared with$349 million in the same period in 2022.Mini Mill capital expenditures were$563 million and included$419 million for BR2, exclusive of the air separation unit, as well as spending for the CGL and the NGO being built at the existingBig River Steel facility. Flat-Rolled capital expenditures were$139 million which includes spending for the construction of a DR grade pellet facility at Keetac as well as mining equipment and other infrastructure, environmental, Gary pig iron facility and other strategic projects across the Flat-Rolled footprint. USSE capital expenditures were$26 million and included spending for the blast furnace, enterprise resource planning (ERP) project, 5-stand control system upgrades and various other projects. Tubular capital expenditures were$12 million and included spending to support steelmaking, infrastructure, and environmental projects within the Tubular footprint.
Net cash used in financing activities was$117 million for the three months endedMarch 31, 2023 compared to net cash used in financing activities of$71 million in the same period last year. The period over period increase in cash used in financing activities was primarily due to the absence of proceeds from government incentives in the current period, partially offset by decreased repurchases 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 -30- -------------------------------------------------------------------------------- change clauses. If a material adverse change was to occur, our ability to fund future operating and capital requirements could be negatively impacted. The €300 million USSK Credit Agreement contains certain USSK specific financial covenants. There are currently no amounts outstanding under the facility. The USSK Credit Agreement requires USSK to maintain a net debt to earnings before interest, taxes, depreciation and amortization (EBITDA) ratio of less than 3.50:1 for the rolling twelve months endingJune 30, 2023 . The Company has determined that it may not be able to comply with this covenant atJune 30, 2023 based on the currently forecasted EBITDA for the twelve-month period endingJune 30, 2023 . This could partially or fully limit USSK's ability to borrow under the USSK Credit Agreement. Any amendment or waiver may lead to additional lender protections, including a reduction of loan commitments or less favorable terms, and there can be no assurance that USSK can obtain waivers or amendments in timely fashion, or on acceptable terms or at all. The Company believes that USSK will have adequate cash on hand as ofJune 30, 2023 and will not need to borrow under the USSK Credit Agreement. 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$182 million of liquidity sources for financial assurance purposes as ofMarch 31, 2023 . Changes 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
OnJuly 25, 2022 , following the completion of the previously authorized$800 million share repurchase programs, the Board of Directors authorized a new share repurchase program that allows for the repurchase of up to$500 million of its outstanding common stock from time to time in the open market or privately negotiated transactions at the discretion of management. The Company's share repurchase program does not obligate it to acquire any specific number of shares. Common stock repurchased under our share repurchase programs totaled 2.8 million shares for approximately$75 million in the three months endedMarch 31, 2023 . See Note 22 to the Condensed Consolidated Financial Statements for further details. Capital Requirements
U. S. Steel's contractual commitments to acquire property, plant and equipment
at
Liquidity
The following table summarizes U. S. Steel's liquidity as ofMarch 31, 2023 : (Dollars in millions) Cash and cash equivalents$ 2,837 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 342 Total estimated liquidity$ 5,275 We finished the first quarter of 2023 with$2,837 million of cash and cash equivalents and$5,275 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 our 2023 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, 2023 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. -31- -------------------------------------------------------------------------------- The Company has a supply chain finance (SCF) arrangement with a third-party administrator which allows participating suppliers, at their sole discretion, to make offers to sell payment obligations of the Company prior to their scheduled due dates at a discounted price to a participating financial institution. The third-party administrator entered into a separate agreement with theExport Import Bank of the United States to guarantee 90 percent of supplier obligations sold for up to$200 million . No guarantees or collateral are provided by the Company or any of its subsidiaries under the SCF program. The Company's goal is to capture overall supplier savings and improve working capital efficiency. The agreements facilitate the suppliers' ability to sell payment obligations, while providing them with greater working capital flexibility. The Company has no economic interest in the sale of the suppliers' receivables and no direct financial relationship with the financial institution concerning these services. The Company's obligations to its suppliers, including amounts due and scheduled payment dates, are not impacted by suppliers' decisions to sell amounts under the arrangements. The SCF program requires the Company to pay the third-party administrator the stated amount of the confirmed participating supplier invoices. The payment terms for confirmed invoices range from 75 to 90 days after the end of the month in which the invoice was issued. The underlying costs from suppliers that elected to participate in the SCF program are generally recorded in cost of sales in the Company's Condensed Consolidated Statement of Operations. Amounts due to suppliers who participate in the SCF program are reflected in accounts payable and accrued expenses on the Company's Condensed Consolidated Balance Sheet and payments on the obligations by our suppliers are included in cash used in operating activities in the Condensed Consolidated Statement of Cash Flows. As ofMarch 31, 2023 , accounts payable and accrued expenses included$107 million of outstanding payment obligations which suppliers elected to sell to participating financial institutions.
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 (theEU ETS ) commenced onJanuary 1, 2021 and will finish onDecember 31, 2030 . TheEuropean Commission issued final approval of the updated 2021-2025 Slovak National Allocation table inFebruary 2022 .The Slovak Ministry of Environment has not yet allocated 2023 emission credits that it grants at no charge (free allowances) to the USSE account. As ofMarch 31, 2023 , we have pre-purchased approximately 1.35 millionEuropean Union Emission Allowances (EUA) totaling €107 million (approximately$116 million ) to cover the expected 2023 shortfall of emission allowances.The EU's Industrial Emissions Directive requires implementation of EU 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$150 million ). These costs were partially offset by the EU funding received and may be mitigated over the next measurement periods if USSK complies with certain financial covenants, which are assessed annually. The last assessment of financial covenants will be performed as ofJune 30, 2026 . USSK complied with these covenants as ofMarch 31, 2023 . 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 the EU funding received.
For further discussion of laws applicable in
New and Emerging Environmental Regulations
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. Once approved, the rules may impact subperiod 2026-2030. Currently, the overallEU ETS 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 -32- -------------------------------------------------------------------------------- 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's rolling average for 2020-2021 returned to the base limit for hot metal production resulting in an increase to the free allocation for 2022 compared to 2021, however the 2022 free allocation was still slightly reduced due to missing the 15 percent threshold for sinter production. Additionally, lower production in 2019 through 2021 will have an impact on the future free allocation for 2026-2030, where the historical production average for years 2019-2023 will be assessed. Based on actual production data for 2022, we expect that the free allocation for hot metal will remain unchanged for 2023, however allocations for sinter will be lower. In order to achieve the EU political goal of carbon emissions neutrality by 2050, onJuly 14, 2021 , theEuropean Commission released a package of legislative proposals called Fit for 55. The proposals contain significant changes to currentEU ETS functions and requirements, including: a new carbon border adjustment mechanism to impose carbon fees on EU imports, further reduction of free CO2 allowance allocation to heavy industry and measures to strengthen the supply of carbon allowances. The legislative process is being impacted by the ongoingRussia -Ukraine crisis. The proposals are subject to the EU 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. TheU.S. EPA is required by court order to issue a final rule byOctober 26, 2023 . Because theU.S. EPA has yet to propose a revised iron and steel rule, any impacts are not estimable 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. TheU.S. EPA is required by court order to issue a final rule byNovember 16, 2023 . Because theU.S. EPA has yet to propose a revised taconite rule, any impacts are not estimable at this time. TheU.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. TheU.S. EPA is under a court-ordered deadline to complete the residual risk and technology rulemaking byMay 23, 2024 . In response to Court orders that invalidated priorU.S. EPA determinations regarding ozone attainment interference, onApril 6, 2022 , theU.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. The impacts of the rule, if promulgated as proposed, could be material. U. S. Steel submitted comments on the proposed rule onJune 21, 2022 . TheU.S. EPA announced the final rule onMarch 15, 2023 . The final rule only included regulation of boilers and reheat furnaces for the iron and steel industry limiting the potential impacts. U. S. Steel is still reviewing the changes and will further evaluate the potential impacts to operations. -33- -------------------------------------------------------------------------------- The CAA also requires theU.S. EPA to develop and implementNational Ambient Air Quality Standards (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 proposes to revise or retain the 2020 ozone NAAQS, any impacts are not estimable at this time. 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 , as theU.S. EPA voluntarily reconsiders the PM2.5 NAAQS. OnJanuary 6, 2023 , theU.S. EPA proposed to lower the annual PM2.5 NAAQS from the current 12 ug/m3 standard to within the range of 9.0 to 10.0 ug/m3. U. S. Steel is currently reviewing the proposal and comments to determine the potential impacts. Because theU.S. EPA has proposed the rule without specificity, any impacts are inestimable at this time. For calendar year 2022, all Allegheny County ambient air quality monitors met allU.S. EPA health based National Ambient Air Quality Standards for the second consecutive year. OnMarch 16, 2022 , theU.S. EPA published a final rule, a clean data determination, showing that Allegheny County has attained the 2012 annual PM2.5 NAAQS based on the 2018 - 2020 ambient air quality data. Based on these and other data, ACHD submitted a Redesignation Request and Maintenance Plan to theU.S. EPA requesting that theU.S. EPA redesignate all of Allegheny County in attainment with the current PM2.5 NAAQS.
TheU.S. EPA issued the final rule redefining the Waters ofthe United States (WOTUS), and it became effectiveMarch 1, 2023 . The definition of WOTUS has had many changes and legal challenges over the last several years and this rule is no different. Due to certain state challenges and requests for injunctions, the Rule has been enjoined and is not in effect inIdaho andTexas . The new WOTUS rule expands the definition of what all waters will be considered to be a waters ofthe United States . The expansion of the WOTUS definition is likely to lead to additional legal challenges. It is also possible that the ruling in the U. S. Supreme court case Sackett v.EPA would impact the WOTUS definition as it relates to wetlands. The Sackett case was heard by the Court in the Fall 2022 term and a decision is expected sometime in 2023. U. S. Steel will continue to review and follow the final WOTUS definition and associated litigation for its potential impact on the Company.
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 2023.
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 620 million metric tons per year-more than six times the entireU.S. steel market and over twenty 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 imports from: (1)Argentina ,Brazil , andSouth Korea , which are subject to restrictive quotas; (2) theEuropean Union (EU),Japan and theUnited Kingdom (UK ) that are melted and poured in the EU/Japan /UK , within quarterly tariff-rate quota (TRQ) limits; (3)Canada andMexico , which are not subject to tariffs or quotas, but tariffs could be re-imposed on surging product groups after consultations; (4)Ukraine , which are exempt from tariffs untilJune 1, 2023 ; and (5)Australia , which are not subject to tariffs, quotas or an anti-surge mechanism. -34- --------------------------------------------------------------------------------
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. InFebruary 2019 , theEuropean Commission (EC) implemented a definitive safeguard on global steel imports in the form of TRQs that impose 25 percent tariffs on steel imports that exceed the TRQ limit, effective throughJune 2024 . InDecember 2022 , the EC initiated a fourth review of the safeguard. 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. Steel continues to actively defend and maintain the 61U.S. AD/CVD orders and 14 EU 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 theWorld Trade Organization (WTO). InJanuary 2023 , Cleveland-Cliffs and the USW filed new AD/CVD petitions onU.S. imports of tin mill products from eight countries. InMarch 2023 , the ITC voted to continue the investigations. DOC's preliminary AD/CVD determinations are expected byAugust 2023 and the ITC final phase hearing in the fourth quarter of 2023.
In
Additional tariffs of 7.5 to 25 percent continue to apply to certainU.S. imports fromChina , including certain raw materials used in steel production, semi-finished and finished steel products, and downstream steel-intensive products, pursuant to Section 301 of the Trade Act of 1974.The Office of the United States Trade Representative (USTR) is currently conducting a statutory review of the Section 301 tariffs.The United States and EU are currently negotiating a global sustainable steel arrangement to restore market-oriented conditions and address carbon intensity that is targeted for completion by the end of 2023.
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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