Rule2025-12407
National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review: Interim Final Rule
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 3, 2025
Effective
July 2, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA) is taking interim final action on the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Integrated Iron and Steel Manufacturing Facilities to revise certain compliance deadlines for standards finalized in 2024. Specifically, the EPA is revising certain compliance deadlines in the 2024 rule to April 3, 2027, in light of serious concerns that facilities will be unable to comply with the relevant requirements by the existing deadlines.
Full Text
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<title>Federal Register, Volume 90 Issue 126 (Thursday, July 3, 2025)</title>
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[Federal Register Volume 90, Number 126 (Thursday, July 3, 2025)]
[Rules and Regulations]
[Pages 29485-29491]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12407]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2002-0083; FRL-5919.4-03-OAR]
National Emission Standards for Hazardous Air Pollutants:
Integrated Iron and Steel Manufacturing Facilities Technology Review:
Interim Final Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule; request for comment.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking
interim final action on the National Emission Standards for Hazardous
Air Pollutants (NESHAP) for Integrated Iron and Steel Manufacturing
Facilities to revise certain compliance deadlines for standards
finalized in 2024. Specifically, the EPA is revising certain compliance
deadlines in the 2024 rule to April 3, 2027, in light of serious
concerns that facilities will be unable to comply with the relevant
requirements by the existing deadlines.
DATES: This interim final rule is effective on July 2, 2025. Comments
on this rule must be received on or before August 1, 2025.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0083 by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#244509454a40095609404b474f4150644154450a434b52"><span class="__cf_email__" data-cfemail="d1b0fcb0bfb5fca3fcb5beb2bab4a591b4a1b0ffb6bea7">[email protected]</span></a>. Include Docket ID No. EPA-
HQ-OAR-2002-0083 in the subject line of the message.
<bullet> Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2002-0083.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2002-0083, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
<bullet> Hand/Courier Delivery: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-
Friday (except Federal Holidays).
Comments received may be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information provided. For
detailed instructions on sending comments, see the ``Public
[[Page 29486]]
Participation'' heading of the General Information section of this
document.
FOR FURTHER INFORMATION CONTACT: U.S. EPA, Attn: Katie Boaggio, Mail
Drop: D243-02, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, North
Carolina, 27711; telephone number: (919) 541-2223; email address:
<a href="/cdn-cgi/l/email-protection#4f2d202e2828262061242e3b262a0f2a3f2e61282039"><span class="__cf_email__" data-cfemail="e785888680808e88c98c86938e82a7829786c9808891">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Preamble acronyms and abbreviations. Throughout this document the
use of ``we,'' ``us,'' or ``our'' is intended to refer to the EPA. We
use multiple acronyms and terms in this preamble. While this list may
not be exhaustive, to ease the reading of this preamble and for
reference purposes, the EPA defines the following terms and acronyms
here:
APA Administrative Procedure Act
BF blast furnace
BOPF basic oxygen process furnace
CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
CRA Congressional Review Act
EPA Environmental Protection Agency
FR Federal Register
HAP hazardous air pollutant(s)
HCl hydrochloric acid
II&S Integrated Iron and Steel
MACT maximum achievable control technology
NESHAP national emission standards for hazardous air pollutants
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
THC total hydrocarbons
UMRA Unfunded Mandates Reform Act
Organization of this document. The information in this preamble is
organized as follows:
I. General Information
A. Public Participation
B. Potentially Affected Entities
C. Statutory Authority
D. Judicial Review and Administrative Review
II. Regulatory Revisions
A. Integrated Iron & Steel NESHAP Background and Summary
B. Petitions for Reconsideration
C. Compliance Challenges
D. Specific Regulatory Revisions
III. Rulemaking Procedures
IV. Request for Comment
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 14192: Unleashing Prosperity Through
Deregulation
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act of 1995 (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA) and
1 CFR Part 51
K. Congressional Review Act (CRA)
I. General Information
A. Public Participation
Submit your written comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0083, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method),
or by the other methods identified in the ADDRESSES section. Once
submitted, comments cannot be edited or removed from the docket. The
EPA may publish any comment received to its public docket. Do not
submit to the EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. This
type of information should be submitted as discussed in the Submitting
CBI section of this document. Multimedia submissions (audio, video,
etc.) must be accompanied by a written comment. The written comment is
considered the official comment and should include discussion of all
points you wish to make. The EPA will generally not consider comments
or comment contents located outside of the primary submission (i.e., on
the web, cloud, or other file sharing system). Please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a> for additional submission
methods; the full EPA public comment policy; information about CBI or
multimedia submissions; and general guidance on making effective
comments.
Submitting CBI. Do not submit information containing CBI to the EPA
through <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Clearly mark the part or all the
information that you claim to be CBI. For CBI information on any
digital storage media that you mail to the EPA, note the docket ID,
mark the outside of the digital storage media as CBI, and identify
electronically within the digital storage media the specific
information that is claimed as CBI. In addition to one complete version
of the comments that includes information claimed as CBI, you must
submit a copy of the comments that does not contain the information
claimed as CBI directly to the public docket through the procedures
outlined in the Public Participation section of this document. If you
submit any digital storage media that does not contain CBI, mark the
outside of the digital storage media clearly that it does not contain
CBI and note the docket ID. Information not marked as CBI will be
included in the public docket and the EPA's electronic public docket
without prior notice. Information marked as CBI will not be disclosed
except in accordance with procedures set forth in 40 Code of Federal
Regulations (CFR) part 2.
Our preferred method to receive CBI is for it to be transmitted
electronically using email attachments, File Transfer Protocol (FTP),
or other online file sharing services (e.g., Dropbox, OneDrive, Google
Drive). Electronic submissions must be transmitted directly to the
Office of Air Quality Planning and Standards (OAQPS) CBI Office at the
email address <a href="/cdn-cgi/l/email-protection#ed828c9c9d9e8e8f84ad889d8cc38a829b"><span class="__cf_email__" data-cfemail="721d1303020111101b321702135c151d04">[email protected]</span></a>, and as described above, should include
clear CBI markings and note the docket ID. If assistance is needed with
submitting large electronic files that exceed the file size limit for
email attachments, and if you do not have your own file sharing
service, please email <a href="/cdn-cgi/l/email-protection#afc0cededfdccccdc6efcadfce81c8c0d9"><span class="__cf_email__" data-cfemail="d4bbb5a5a4a7b7b6bd94b1a4b5fab3bba2">[email protected]</span></a> to request a file transfer link.
If sending CBI information through the postal service, please send it
to the following address: U.S. EPA, Attn: OAQPS Document Control
Officer, Mail Drop: C404-02, 109 T.W. Alexander Drive, P.O. Box 12055,
RTP, North Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2002-
0083. The mailed CBI material should be double wrapped and clearly
marked. Any CBI markings should not show through the outer envelope.
B. Potentially Affected Entities
As defined in the Initial List of Categories of Sources Under
Section 112(c)(1) of the Clean Air Act Amendments of 1990 (see 57 FR
31576; July 16, 1992) and Documentation for Developing the Initial
Source Category List, Final Report (see EPA-450/3-91-030; July 1992),
the Integrated Iron and Steel Manufacturing Facilities source category
includes any facility engaged in producing steel from refined iron ore
(also known as taconite pellets). These facilities first produce iron
from iron ore taconite pellets, sinter, coke, and other raw materials
using blast furnaces (BFs), then produce steel from the hot liquid iron
produced from the blast furnaces, along with coke, lime, alloys, steel
scrap, and other raw materials using
[[Page 29487]]
basic oxygen process furnaces (BOPFs). Integrated iron and steel
manufacturing includes the following processes: sinter production, iron
production, iron preparation (hot metal desulfurization), and steel
production. The iron production process includes the production of iron
in BFs by the reduction of iron-bearing materials with a very hot gas.
The steel production process includes BOPFs and ladle metallurgy
operations. The 2022 North American Industry Classification System
(NAICS) code for the source category is 331110 for ``Iron and Steel
Mills and Ferroalloy Manufacturing.'' The NAICS code serves as a guide
for readers outlining the type of entities that this interim final
action is likely to affect. Currently there are eight operating
facilities in this source category.
The information provided in this section on potentially affected
entities is not intended to be exhaustive. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed in the FOR FURTHER INFORMATION CONTACT
section.
C. Statutory Authority
Statutory authority to issue the amendments finalized in this
action is provided by the same Clean Air Act (CAA) provision that
provided authority to issue the regulations being amended: CAA section
112, 42 U.S.C. 7412. Statutory authority for the rulemaking procedures
followed in this action is provided by Administrative Procedure Act
(APA) section 553(b)(B), 5 U.S.C. 553(b)(B).
D. Judicial Review and Administrative Review
Under CAA section 307(b)(1), judicial review of this final action
is available only by filing a petition for review in the United States
Court of Appeals for the District of Columbia Circuit by September 2,
2025. Under CAA section 307(b)(2), the requirements established by this
final rule may not be challenged separately in any civil or criminal
proceedings brought by the EPA to enforce the requirements.
II. Regulatory Revisions
A. Integrated Iron & Steel NESHAP Background and Summary
The EPA initially set maximum achievable control technology (MACT)
standards for the Integrated Iron and Steel (II&S) Manufacturing
Facilities source category on May 20, 2003 (68 FR 27646), codified at
40 CFR part 63, subpart FFFFF, and as part of a residual risk and
technology review, finalized amendments to the standards on July 13,
2020 (85 FR 42074). Subsequently, on April 3, 2024, the EPA completed a
second technology review under a court-ordered deadline \1\ by
finalizing amendments to 40 CFR part 63, subpart FFFFF (89 FR 23294).
The amendments included: (1) MACT standards to address previously
unregulated emissions of hazardous air pollutants (HAP) from the II&S
Manufacturing Facilities source category pursuant to our interpretation
of Louisiana Environmental Action Network v. EPA, 955 F.3d 1088 (D.C.
Cir. 2020) (``LEAN''); and (2) revised emissions standards based on new
information regarding developments in practices, processes, and control
technologies pursuant to CAA section 112(d)(6).
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\1\ See California Communities Against Toxics, et al. v. Pruitt,
Case No. 15-512 (D.D.C.), Orders (Feb. 19, 2020; April 14, 2021;
Sept. 20, 2023).
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Relevant to this action, the 2024 rule finalized the following: (1)
new MACT standards, in the form of numeric emission limits, for five
previously unregulated HAP (carbonyl sulfide, carbon disulfide,
mercury, hydrogen chloride (HCl), and hydrogen fluoride) emitted from
the sinter plants located at II&S manufacturing facilities; (2) new
MACT standards, in the form of opacity limits and work practice
standards, for five previously unregulated sources of unmeasured
fugitive and intermittent particulate emissions: Unplanned bleeder
valve openings, planned bleeder valve openings, beaching, bell leaks,
and slag processing, handling and storage; and (3) new MACT standards,
in the form of numeric emission limits, for unregulated pollutants from
BF stoves and BOPFs: total hydrocarbons (THC) (as a surrogate for non-
dioxin and non-furan organic HAP), HCl, and dioxins/furans (D/F); and
for unregulated pollutants for BFs: THC (as a surrogate for non-dioxin
and non-furan organic HAP) and HCl. Additionally, pursuant to CAA
section 112(d)(6), the 2024 rule also finalized: (1) work practice
standards for the BOPF shops; (2) a requirement that facilities conduct
EPA Method 9 readings two times per month at the BOPF Shop and BF
casthouse; (3) a fenceline monitoring requirement for chromium for the
stated purpose of ensuring that the work practice standards and opacity
limits are achieving the anticipated reductions; and (4) revised
standards for D/F and polycyclic aromatic hydrocarbons (PAH) from
sinter plants to reflect the installation and operation of activated
carbon injection (ACI) technology.
B. Petitions for Reconsideration
Following the issuance of the 2024 rule, the EPA was notified by
industry parties that there were several errors in the final regulatory
text and certain items that the EPA had not properly raised for comment
during the proposal. The United States Steel Corp. and Cleveland-Cliffs
Inc. submitted administrative petitions for reconsideration on June 3,
2024, detailing those errors, requesting corrections, and expressing
concerns regarding the technical feasibility of certain new
requirements. The industry parties additionally submitted requests for
an administrative stay of the 2024 rule pursuant to CAA section
307(d)(7)(B). Earthjustice on behalf of environmental petitioners
challenging the 2020 and 2024 II&S rules \2\ also submitted a petition
for reconsideration regarding alleged improper notice related to
several of the new requirements finalized in the rules.
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\2\ Earthjustice is counsel for Clean Air Council, Gary
Advocates for Responsible Development, Hoosier Environmental
Council, and Sierra Club.
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The Agency responded to the petitions for reconsideration on August
14, 2024, granting discretionary reconsideration of three issues (the
numeric emission limit for HCl from BF casthouses and the work practice
standards for unplanned bleeder valve openings and beaching) and
expressing the intention to issue a correction notice to do the
following:
1. clarify that the definition of an ``unplanned bleeder valve
opening'' includes only those openings that are not located downstream
from a control device (i.e., ``dirty bleeder valve openings'');
2. clarify the timing of planned openings and how they may affect
opacity readings;
3. clarify the definition of a ``single bleeder valve opening
event;''
4. delete from 40 CFR part 63, subpart FFFFF, Table 2 the emission
standard for ``windbox exhaust stream'' for BF casthouses, BF stoves,
and BOPF shops because these sources do not have a windbox exhaust
stream; and
5. clarify the method that must be used to measure opacity for bell
leaks.
The EPA also committed to continue reviewing additional issues
raised in the petitions for reconsideration.
After receiving the EPA's August 14, 2024 response letter, industry
petitioners contacted EPA staff to provide additional information
regarding the five correction items. These further discussions resulted
in a determination by the Agency that some of the corrections and
discretionary
[[Page 29488]]
reconsideration items instead warranted mandatory reconsideration under
CAA section 307(d)(7)(B).\3\
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\3\ Under CAA section 307(d)(7)(B), 42 U.S.C. 7607(d)(7)(B), the
Administrator shall convene a proceeding for reconsideration of a
rule when the person raising an objection to a rule can demonstrate:
(1) that it was either impractical to raise the objection during the
period for public comment or that the grounds for the objection
arose after the period for public comment; and (2) that the
objection is of central relevance to the outcome of the rule.
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As a result, on March 5, 2025, the EPA issued a second letter
modifying the scope of the already convened discretionary
reconsideration proceeding by identifying several items from the
petitions for reconsideration as appropriate for mandatory
reconsideration based on the criteria in CAA section 307(d)(7)(B): (1)
work practice standards for unmeasured fugitive and intermittent
particulate from unplanned bleeder valve openings; (2) the opacity
limit for planned bleeder valve openings; (3) work practice standards
for bell leaks; and (4) the opacity limit for slag processing and
handling.\4\
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\4\ Copies of both EPA response letters are included in Docket
ID No. EPA-HQ-OAR-2002-0083.
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Considering the need for additional time for the EPA's mandatory
reconsideration of some aspects of the 2024 rule, on March 31, 2025, we
determined that a partial stay of the final rule was necessary and
issued the Partial Administrative Stay of National Emission Standards
for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing
Facilities Technology Review, 90 FR 14207 (March 31, 2025). With that
action, the EPA stayed the April 3, 2025, compliance deadlines
contained in the 2024 rule until July 1, 2025.
C. Compliance Challenges
Most of the items identified for reconsideration in the two
response letters have compliance deadlines of April 3, 2025, or April
3, 2026. After further consideration of all the reconsideration issues,
the parties' petitions for reconsideration, and further discussion with
stakeholders, the EPA has determined to revise the 2025 and 2026
compliance deadlines in the II&S Manufacturing Facilities NESHAP to
April 3, 2027, for unplanned bleeder valve openings, planned bleeder
valve openings, bell leaks, slag processing and handling, beaching, and
BF/BOPF work practices. The revision of these compliance deadlines will
avoid documented issues regarding compliance with the 2024 rule with
respect to the items being reconsidered and corrected. When the EPA
promulgated the standards at issue in this action with compliance
deadlines in 2025--opacity standards for planned openings, work
practice standards for bell leaks, and the monitoring frequency for
BOPF/BF--the EPA concluded that these standards could be met without
the need for installation of new control equipment, monitors, or
measurement equipment. Therefore, the EPA provided only one year to
comply with those standards (i.e., a compliance deadline of April 3,
2025).
However, after promulgation of the 2024 rule, information was
provided to the EPA by industry parties in their CAA section 307(d)
petitions for administrative reconsideration that facilities may not be
able to comply with the standards as written by the April 3, 2025
deadline without clarifications, corrections, or revisions.\5\
Additionally, industry petitioners provided new supplemental monitoring
data to the EPA to support their petitions for reconsideration. These
data demonstrate that it likely will be infeasible for a majority of
sources to comply with the 2024 rule's opacity limits for planned
bleeder valve openings. The supplemental monitoring was performed by
industry to substantiate comments they submitted during the public
comment period regarding certain source-by-source operational
variabilities. But, because the EPA was under a court-ordered deadline
to promulgate the final rule, the Agency did not have time to fully
evaluate those comments and underlying data and their implications.
Industry was therefore not aware of the need for the supplemental data
and explanation of source variability until after the 2024 rule was
finalized. These supplemental datasets provided by affected sources to
support the industry petitions for reconsideration were not available
to the EPA until after the 2024 rule was finalized.
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\5\ The CAA section 307(d) petitions for administrative review
of the 2024 rule are available in the docket for this action.
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While the EPA concluded there are work practices available to
minimize opacity, these new data provide evidence that there is more
variability in each source's operations and opacity than we accounted
for in developing the final opacity standards. Additionally, for bell
leaks, it was brought to the EPA's attention that the 2024 rule's
regulatory language setting compliance action levels is inconsistent
with what was proposed and needs to be clarified for compliance to be
achieved. Finally, for BOPF shops and BF casthouses, through the
petitions, the EPA realized there is ambiguity in the regulatory text
for the monitoring frequency and location of fugitive emissions that
must be addressed to clarify how to demonstrate compliance with these
standards.
Likewise, when the EPA promulgated the operational limit for
unplanned openings, the opacity limit for slag operations, and the work
practice standards for beaching, the EPA had concluded that facilities
could comply with these limits in two years, by April 3, 2026, based on
the understanding that facilities only had to make relatively moderate
changes in equipment or operations to comply with those standards.
Those expected changes included installing: (1) stockline monitors to
measure material flows in the blast furnaces and/or material sizing
equipment or screens to ensure input material was properly sized, to
help prevent unplanned openings; (2) fogging and/or water spray
equipment to minimize opacity for slag processing operations; and (3)
partial enclosures or carbon dioxide suppression to minimize fugitives
from beaching. However, based on additional information provided by the
petitioners after promulgation of the rule and after further
discussions and analyses, the EPA now understands that, in some cases,
the equipment and work practices are insufficient or infeasible to meet
the standards as currently written. Therefore, some affected sources
will likely need more than two years to comply with the standards as
finalized.
For unplanned openings, the EPA intended that the finalized
standard would only apply to unplanned openings that are not routed to
a control device. However, the EPA inadvertently finalized the standard
such that it also applies to bleeder valve openings that go through a
control device. This technical error will increase the number of
unplanned openings that count towards the yearly operational limit,
which makes the limit unachievable until a correction is made. For slag
handling and processing, new data were provided in the petitions that
show higher opacity concentrations than previously known by the EPA for
certain specific slag processing and handling activities. For beaching,
the EPA failed to adequately consider some feasibility challenges with
certain required work practices.
Furthermore, the EPA recognizes that additional corrections,
clarifications, and/or revisions to these standards are needed, and
such changes cannot be made without an opportunity for notice and
comment.
[[Page 29489]]
For all the foregoing reasons, the EPA is revising the 2025 and
2026 compliance deadlines for the standards described above to April 3,
2027, to allow sufficient time to address the issues discussed above
and to allow sufficient time for compliance in light of the new data
and information presented to the Agency. For consistency, even though
there is no operational deadline that applies to fenceline monitoring
currently, we are also revising the deadline for fenceline monitoring
to 1 year after promulgation of the test method or April 3, 2027,
whichever is later.
D. Specific Regulatory Revisions
The regulatory revisions to 40 CFR part 63, subpart FFFFF in this
action are amending 40 CFR 63.7783 by revising paragraph (g), adding
paragraph (h), and amending 40 CFR 63.7792 by revising paragraph (a) to
revise the relevant compliance deadlines associated with the standards
in this rule to April 3, 2027.
III. Rulemaking Procedures
As noted in section I.C. of this preamble, the EPA's authority for
the rulemaking procedures followed in this action is provided by APA
section 553, 5 U.S.C. 553.\6\ In general, an agency issuing a rule
under the procedures in APA section 553 must provide prior notice and
an opportunity for public comment, but APA section 553(b)(B) includes
an exemption from notice-and-comment requirements ``when the agency for
good cause finds (and incorporates the finding and a brief statement of
reasons, therefore, in the rule issued) that notice and public
procedure thereon are impracticable, unnecessary, or contrary to the
public interest.'' This action is being issued without prior notice or
opportunity for public comment because the EPA finds that the APA
``good cause'' exemption from notice-and-comment requirements applies
here.
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\6\ Under CAA section 307(d)(1)(C), the EPA's promulgation or
revision of any standard of performance under CAA section 112 would
normally be subject to the rulemaking procedural requirements of CAA
section 307(d), including notice-and-comment procedures, but CAA
section 307(d) does not apply ``in the case of any rule or
circumstance referred to in subparagraphs (A) or (B) of [APA section
553(b)].''
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For the reasons described in detail in Section II above, notice-
and-comment is impracticable here. First, the EPA has granted petitions
for administrative reconsideration of numerous provisions of the 2024
rule and has committed to develop a rulemaking that will be subject to
notice-and-comment. See 90 FR 14207, 14208 (March 31, 2025). The
reconsideration action is needed because the EPA recognizes that
procedural and drafting errors made in the rulemaking process in
addition to information that was not submitted by the regulated parties
until after the close of the comment period for the proposed rule led
the EPA to promulgate regulations that pose compliance challenges that
must be resolved before regulated parties will be able to comply with
many provisions of the 2024 rule. Because the existing compliance
deadlines require action by facilities in the short-term, including
investment decisions and modifications to equipment and operating
procedures with a significant lead time, revising the compliance dates
through prior notice and comment procedures would be impracticable.
Second, on March 31, 2025, the EPA issued an administrative stay of the
2025 deadlines contained in the 2024 rule until July 1, 2025 (90 FR
14207; March 31, 2025). If the EPA were to evaluate comments on this
action before finalizing it, it is highly likely that the Agency would
miss the July 1, 2025, deadline to revise the 2025 compliance
deadlines, thereby potentially throwing regulated parties into
immediate non-compliance with regulatory requirements that will most
likely be revised during the reconsideration rulemaking process. Prior
notice and comment procedures are impracticable on this basis as well.
The EPA is also making this rule effective immediately as ``a
substantive rule which grants or recognizes an exemption or relieves a
restriction'' under APA section 553(d)(1). This action relieves
restrictions by revising the 2024 rule's 2025 and 2026 compliance
deadlines.
IV. Request for Comment
As explained in section III of this document, the EPA finds good
cause to take this interim final action without prior notice or
opportunity for public comment. However, the EPA is requesting comment
on the revised compliance dates described in this rule. The EPA is not
reopening for comment any provisions of the 2024 rule other than the
specific provisions and compliance dates that are expressly amended in
this interim final rule.
V. Statutory and Executive Order Reviews
Additional information about these statutes and executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This is a significant regulatory action under Executive Order
section 3(f)(1) that was submitted to the Office of Management and
Budget (OMB) for review. Any changes made in response to OMB
recommendations have been documented in the docket. The EPA prepared a
regulatory impact analysis (RIA) of the potential costs and benefits
associated with this action. This analysis, Regulatory Impact Analysis
for the National Emission Standard for Hazardous Air Pollutants:
Integrated Iron and Steel Manufacturing Facilities Technology Review:
Interim Final Rule, is consistent with Executive Order 12866 and is
available in the docket. The RIA analyzes impacts over the period 2025
to 2035 to replicate the analytical timeframe used in the RIA for the
2024 final rule. This interim final action is not based on the
estimated costs or benefits presented in the RIA, but rather is based
on concerns regarding the technical feasibility of certain regulatory
requirements.
Under the 2024 rule, II&S manufacturing facilities must perform
required work practices or meet a specified opacity or operational
limit (or both) for each UFIP emissions source. Revising the compliance
deadlines for these sources allows affected facilities to defer capital
investment and avoid operating and maintenance (O&M) costs over the
period during which compliance is no longer required. The compliance
cost savings estimated by this analysis represent these avoided O&M
costs and deferred capital investment costs.
Under this interim final rule, the 2024 rule would no longer reduce
emissions of HAP from UFIP emissions sources over the period April 3,
2025, through April 3, 2027, as projected in the RIA for the 2024
rule.\7\ The potential benefits from these reductions of HAP were not
monetized in that RIA and potential benefit impacts associated with HAP
emissions changes due to this interim final rule were not monetized.
The interim final rule is also expected to affect emissions of
unregulated pollutants such as PM<INF>2.5</INF>. The methodology for
estimating these emission changes and monetizing the associated benefit
impacts is described
[[Page 29490]]
in the RIA for this action and the RIA for the 2024 rule. The estimated
changes to emissions caused by this interim final rule are expected to
be zero for the remainder of the analytical timeframe covered by the
RIA.
---------------------------------------------------------------------------
\7\ ``Regulatory Impact Analysis for the Final National Emission
Standards for Hazardous Air Pollutants: Integrated Iron and Steel
Manufacturing Facilities Technology Review'' (Ref. EPA-452/R-24-
012). Docket ID No. EPA-HQ-OAR-2002-0083-1977.
---------------------------------------------------------------------------
Table 1 summarizes the estimated changes to compliance costs and
emissions associated with this interim final action from 2025-2035.
Costs are measured in 2024 dollars discounted to 2025. Emissions
changes are measured in short tons. This table presents the present
values (PV) and equivalent annualized values (EAV) of these estimated
impacts discounted using social discount rates of both three and seven
percent, in accordance with OMB Circular A-4. The EAV figures are
annualized over 11 years to reflect the length of the timeframe used in
the analysis. The EPA estimates that the interim final rule will result
in annualized compliance cost savings of $0.4 million using a 3% social
discount rate and $0.5 million using a 7% social discount rate. The EPA
also estimates that the interim final rule will lead to HAP emissions
increases of 120 tons from 2025 through 2027, when the provisions of
the 2024 Final Rule are scheduled to go into effect. Changes to
emissions from 2028 through 2035 are expected to be zero. The full
benefit-cost analysis, which is contained in the RIA for this
rulemaking, is consistent with Executive Order 12866 and is available
in the docket.
Table 1--Summary of Compliance Cost Savings, and Emissions Changes for the Interim Final Rule, Discounted to
2025 (millions of 2024 dollars), 2025-2035
----------------------------------------------------------------------------------------------------------------
3 Percent discount rate 7 Percent discount rate
-------------------------------------------------------------------
PV EAV PV EAV
----------------------------------------------------------------------------------------------------------------
Compliance Cost Savings..................... $3.3 $0.4 $3.5 $0.5
-------------------------------------------------------------------
Emissions Increases......................... 2025-2035
HAP (Tons).................................. 120
----------------------------------------------------------------------------------------------------------------
Note: Estimates are rounded to two significant figures.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is considered an Executive Order 14192 deregulatory
action. The EPA estimates that the interim final rule will result in
compliance cost savings of $3.3 million in present value ($0.4 million
EAV) using a 3% social discount rate and $3.5 million in present value
($0.5 million EAV) using a 7% social discount rate from 2025-2035.
Details on the estimated compliance cost savings of this final rule can
be found in EPA's analysis of the potential costs and benefits
associated with this action. This analysis is contained in the RIA,
which is available in the docket.
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. The OMB has previously approved the information
collection activities that apply to the II&S facilities affected by
this action and has assigned OMB control number 2060-0517. This action
does not change the information collection requirements.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. The Agency
confirmed through responses to a CAA section 114 information request
that there are only eight integrated iron and steel manufacturing
facilities currently operating in the United States and that these
plants are owned by two parent companies that do not meet the
definition of small businesses, as defined by the U.S. Small Business
Administration.
E. Unfunded Mandates Reform Act of 1995 (UMRA)
This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local or tribal governments or the
private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. This rule will implement revisions to the
compliance dates for certain provisions. Thus, Executive Order 13175
does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 directs Federal agencies to include an
evaluation of the health and safety effects of the planned regulation
on children in Federal health and safety standards and explain why the
regulation is preferable to potentially effective and reasonably
feasible alternatives. This action is not subject to Executive Order
13045 because the EPA does not believe the environmental health or
safety risks addressed by this action present a disproportionate risk
to children.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. We have concluded that this action is
not likely to have any adverse energy effects because it contains no
regulatory requirements that will have an adverse impact on
productivity, competition, or prices in the energy sector.
J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51
This action does not involve technical standards.
K. Congressional Review Act (CRA)
This action is subject to the Congressional Review Act (CRA), 5
[[Page 29491]]
U.S.C. 801-808, and the EPA will submit a rule report to each House of
the Congress and to the Comptroller General of the United States. This
rule has been determined to meet the criteria at 5 U.S.C. 804(2) and so
would normally be subject to a 60-day delayed effective date under the
CRA (5 U.S.C. 801(a)(3)). However, CRA allows the issuing agency to
make such rules effective sooner if the agency makes a good cause
finding that notice and comment rulemaking procedures are
impracticable, unnecessary or contrary to the public interest (5 U.S.C.
808(2)). The EPA has made a good cause finding for this rule as
discussed in Part III, including the basis for that finding.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedures,
Air pollution control, Hazardous substances, Reporting and
recordkeeping requirements.
Lee Zeldin,
Administrator.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 63 of title 40, chapter I, of the Code of
Federal Regulations as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart FFFFF--National Emission Standards for Hazardous Air
Pollutants for Integrated Iron and Steel Manufacturing Facilities
0
2. Amend Sec. 63.7783 by revising paragraph (g) and adding paragraph
(h) to read as follows:
Sec. 63.7783 When do I have to comply with this subpart?
* * * * *
(g) If you have an affected source for which construction or
reconstruction commenced on or before July 31, 2023, each sinter plant
windbox, BF casthouse, BF stove, primary emission control system for a
BOPF, and fugitive and intermittent particulate source at your facility
must be in compliance with the applicable emission limits in table 1 to
this subpart through performance testing under Sec. 63.7825 and work
practice standards in Sec. 63.7793 by April 3, 2027.
(h) Affected sources that commence construction or reconstruction
after July 31, 2023, must be in compliance with provisions in this
subpart through performance testing by April 3, 2024 or upon startup,
whichever is later.
0
3. Amend Sec. 63.7792 by revising paragraph (a) introductory text to
read as follows:
Sec. 63.7792 What fenceline monitoring requirements must I meet?
* * * * *
(a) Beginning either 1 year after promulgation of the test method
for fenceline sampling of metals applicable to this subpart or April 3,
2027, whichever is later, the owner or operator must conduct sampling
along the facility property boundary and analyze the samples in
accordance with the method and paragraphs (a)(1) through (3) of this
section.
* * * * *
[FR Doc. 2025-12407 Filed 7-1-25; 11:15 am]
BILLING CODE 6560-50-P
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