Rule2025-22034
National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks, and Coke Oven Batteries; Rescission of Extension of Compliance Deadlines for Coke Oven Facilities
Primary source
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Published
December 5, 2025
Effective
December 5, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA) is rescinding the interim final rule (IFR) titled "National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks, and Coke Oven Batteries; Residual Risk and Technology Review, and Periodic Technology Review," published July 8, 2025. This rescission of the IFR effectively reinstitutes the compliance deadlines set forth in the 2024 final rule revising the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the coke ovens source category, published July 5, 2024.
Full Text
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<title>Federal Register, Volume 90 Issue 232 (Friday, December 5, 2025)</title>
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[Federal Register Volume 90, Number 232 (Friday, December 5, 2025)]
[Rules and Regulations]
[Pages 56010-56013]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22034]
[[Page 56010]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2002-0085, EPA-HQ-OAR- 2003-0051; FRL-8471.1-04-OAR]
RIN 2060-AW65
National Emission Standards for Hazardous Air Pollutants for Coke
Ovens: Pushing, Quenching, and Battery Stacks, and Coke Oven Batteries;
Rescission of Extension of Compliance Deadlines for Coke Oven
Facilities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; rescission of interim final rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is rescinding
the interim final rule (IFR) titled ``National Emission Standards for
Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and
Battery Stacks, and Coke Oven Batteries; Residual Risk and Technology
Review, and Periodic Technology Review,'' published July 8, 2025. This
rescission of the IFR effectively reinstitutes the compliance deadlines
set forth in the 2024 final rule revising the National Emission
Standards for Hazardous Air Pollutants (NESHAP) for the coke ovens
source category, published July 5, 2024.
DATES: This rule is effective on December 5, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Nos. EPA-HQ-OAR-2002-0085 for the Pushing, Quenching, and
Battery Stacks (PQBS) source category and EPA-HQ-OAR-2003-0051 for the
Coke Oven Batteries (COB) source category. All documents in the docket
are listed on the <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> website. Although
listed, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>,
or in hard copy at the EPA Docket Center, WJC West Building, Room
Number 3334, 1301 Constitution Ave. NW, Washington, DC. The Public
Reading Room hours of operation are 8:30 a.m. to 4:30 p.m. Eastern
Standard Time, Monday through Friday. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
EPA Docket Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: For information about this final rule,
contact the U.S. EPA, Attn: Jonathan Witt, Mail Drop: D243-04, 109 T.W.
Alexander Drive, P.O. Box 12055, Research Triangle Park, North Carolina
27711; telephone number: (919) 541-5645; email address:
<a href="/cdn-cgi/l/email-protection#77001e0303591d18193712071659101801"><span class="__cf_email__" data-cfemail="b4c3ddc0c09adedbdaf4d1c4d59ad3dbc2">[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:
AG acid gases
B/W bypass/waste heat
CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
COB coke oven batteries
CRA Congressional Review Act
D/F dioxins and furans
EIA Economic Impact Analysis
EPA Environmental Protection Agency
FR Federal Register
HAP hazardous air pollutant(s)
HCl hydrochloric acid
HCN hydrogen cyanide
HF hydrogen fluoride
HNR heat and nonrecovery (i.e., no chemical recovery), or
nonrecovery with no heat recovery
HRSG heat recovery steam generator
IFR interim final rule
MACT maximum achievable control technology
NESHAP national emission standards for hazardous air pollutants
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PAH polycyclic aromatic hydrocarbons
PM particulate matter
PRA Paperwork Reduction Act
PQBS pushing, quenching, and battery stacks
RFA Regulatory Flexibility Act
UMRA Unfunded Mandates Reform Act
VOHAP volatile organic HAP
Table of Contents
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document and other related
information?
II. Background
A. What is the statutory authority for this action?
B. What rule is being rescinded?
III. Why is the EPA rescinding the IFR?
IV. 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)
K. Congressional Review Act (CRA)
I. General Information
A. Does this action apply to me?
As defined in the Initial List of Categories of Sources Under
Section 112(c)(1) of the Clean Air Act Amendments of 1990 (57 FR 31576;
July 16, 1992) and Documentation for Developing the Initial Source
Category List, Final Report (EPA-450/3-91-030, July 1992), the Coke
Oven Batteries (COB) source category includes emissions from the
batteries themselves. The Pushing, Quenching, and Battery Stacks (PQBS)
source category includes emissions from pushing and quenching
operations, and from battery stacks at a coke oven facility. A coke
oven facility is defined as a facility engaged in the manufacturing of
metallurgical coke by the destructive distillation of coal.\1\ The 2022
North American Industry Classification System (NAICS) code for the COB
source category (40 CFR part 63, subpart L) is 324199 for ``All Other
Petroleum and Coal Products Manufacturing,'' and for the PQBS source
category (40 CFR part 63, subpart CCCCC) is 331110 for ``Iron and Steel
Mills and Ferroalloy Manufacturing.'' The information provided in this
section is not intended to be exhaustive but rather provides a guide
for readers regarding the entities that this action is likely to
affect. The compliance deadlines resulting from this action are
directly applicable to the affected sources. Federal, state, local, and
Tribal government entities will not be affected by this interim final
action. Based on the information we have, 11 operating coke
manufacturing facilities are subject to the NESHAP. 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.
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\1\ See 90 FR 29999, 29997 (July 8, 2025).
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[[Page 56011]]
B. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this action will be available on the internet at <a href="https://www.epa.gov/stationary-sources-air-pollution/coke-ovens-batteries-national-emissions-standards-hazardous-air">https://www.epa.gov/stationary-sources-air-pollution/coke-ovens-batteries-national-emissions-standards-hazardous-air</a>.
II. Background
A. What is the statutory authority for this action?
The Clean Air Act (CAA), and CAA section 112 in particular (42
U.S.C. 7412), provides the statutory authority to issue this action.
B. What rule is being rescinded?
On July 8, 2025,\2\ the EPA issued an IFR that extended the
compliance deadlines for certain standards that the EPA promulgated in
the 2024 rule revisions to the Coke Ovens NESHAP.\3\ Specifically:
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\2\ Id. at 29997.
\3\ 89 FR 55684 (July 5, 2024).
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<bullet> For the PQBS source category, the EPA extended compliance
deadlines from January 6, 2026, to July 7, 2027, for certain maximum
achievable control technology (MACT) standards, including:
[cir] New emission standards based on MACT for pushing operations:
acid gases (AG), hydrogen cyanide (HCN), mercury (Hg), and polycyclic
aromatic hydrocarbons (PAH) (which is also a surrogate for dioxins and
furans (D/F), formaldehyde, and volatile organic HAP (VOHAP)); \4\
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\4\ Acid gases include hydrochloric acid (HCl) and hydrogen
fluoride (HF).
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[cir] New emission standards based on MACT for battery stacks: AG,
HCN, Hg, and particulate matter (PM) (as a surrogate for non-Hg HAP
metals);
[cir] New emission standards based on MACT for HNR heat recovery
steam generator (HRSG) main stacks: AG, Hg, PAH (which is also a
surrogate for formaldehyde), and PM (as a surrogate for non-Hg HAP
metals);
[cir] New emission standards based on MACT for HNR bypass/waste
heat (B/W) stacks: AG, formaldehyde (which is also a surrogate for
VOHAP), Hg, PAH, and PM (as a surrogate for non-Hg HAP metals); and
[cir] A new MACT standard, in the form of a good combustion
practices work practice standard, for PAH, D/F, and VOHAP emitted from
battery stacks.
<bullet> For the COB source category, the EPA extended compliance
deadlines from July 7, 2025, to July 5, 2027, for fenceline monitoring
requirements; revised leak standards for doors, lids, and offtakes; and
revised pressure monitoring requirements for oven doors at heat and
nonrecovery (HNR) facilities.
As a result of rescinding the IFR, the original deadlines in the
2024 rule revisions to the Coke Ovens NESHAP will apply to this source
category. As explained below, the EPA does not believe that rescinding
the IFR will trigger immediate compliance difficulties with relevant
deadlines and remains committed to engaging with relevant stakeholders
to promote compliance efforts and provide technical assistance.
Moreover, the EPA notes that interested parties will have an
opportunity to comment on proposed changes to the Coke Ovens NESHAP in
the forthcoming rulemaking, announced on March 12, 2025, to reconsider
the applicable standards.
III. Why is the EPA rescinding the IFR?
On July 8, 2025, the Agency issued an IFR that extended the
compliance dates for fenceline monitoring, PQBS MACT standards, leak
limits for doors, lids, and offtakes, and HNR oven door requirements to
July 5, 2027.\5\ The IFR stated that the comment period would remain
open until August 7, 2025. On August 6, 2025, the EPA extended the
comment period to September 25, 2025 (Doc. ID EPA-HQ-OAR-2003-0051-
2006). On August 15, 2025, the EPA announced that the Agency would hold
a public hearing on the IFR on September 4, 2025. In response to the
comment period and at the public hearing, the EPA received a number of
comments and oral submissions from interested stakeholders, including
participants in the coke ovens industry and environmental groups.
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\5\ 90 FR 29997.
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At the time the EPA promulgated the IFR, the Agency had been made
aware of serious concerns that, without the installation of additional
controls that may be unavailable or infeasible, industry would be
unable to comply with both the MACT standards for the PQBS source
category and the leak limits for doors, lids, and offtakes in the COB
source category, thus necessitating additional time beyond the
compliance deadlines.\6\ Rather than risking serious disruption to coke
processing, which would in turn disrupt production of iron and steel
critical for our nation's infrastructure and national security
interests, the EPA extended the compliance deadlines for these
standards without prior notice and comment and invited public input on
the necessity and details of the compliance date extensions.
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\6\ Id. at 29997, 30001-02.
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Among other things, the EPA solicited information from regulated
parties on occurrences that would have constituted noncompliance with
the standards as written in the 2024 Rule absent the compliance
deadline extensions in IFR.
In response to the solicitation, the EPA received data on only a
small number of exceedances of the standards for doors and lids (but
not offtakes) that occurred prior to promulgation of the IFR (Doc. ID
EPA-HQ-OAR-2003-0051-2013). Upon review of this and other information
received in public comments and at the public hearing, the EPA does not
believe that the currently available information supports a conclusion
that regulated parties would face significant immediate compliance
challenges meeting the PQBS MACT standards or the COB leak limits for
doors, lids, and offtakes if the compliance deadlines were not changed,
such that only a change in compliance date provided within the IFR
would alleviate regulated parties' concerns. Thus, the EPA is
rescinding the IFR compliance deadline extensions for these standards,
as well as the extension for the associated fenceline monitoring
requirements promulgated in the 2024 rule to promote compliance with
the standards.
IV. 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 action is not a significant regulatory action and therefore
was not submitted to the Office of Management and Budget (OMB) for
review. The EPA prepared an Economic Impact Analysis (EIA) estimating
the compliance cost savings associated with extending these compliance
deadlines. The EIA estimated the IFR would result in a present value
(PV) of $8.1 million of compliance cost savings ($4.2 million
equivalent annualized value, or EAV) using a 3 percent social discount
rate and a PV of $7.9 million of compliance cost savings ($4.4 million
EAV) using a 7 percent social discount rate. The estimated compliance
cost savings resulted from two years during which operation and
maintenance costs associated with the fenceline monitoring requirements
and
[[Page 56012]]
compliance testing, recordkeeping, and reporting costs associated with
the new or revised emission standards were no longer required. The EAV
were annualized over two years to reflect the length of time during
which the EPA expected the compliance deadline extension to impact
compliance costs at coke oven facilities relative to an analytical
baseline requiring compliance at the original deadlines. This action
rescinds the IFR, in effect reinstituting the compliance deadlines from
the 2024 final rule. As a result, the EPA no longer expects the
compliance cost savings estimated in the EIA to occur.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not an Executive Order 14192 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. The Office of Management and Budget (OMB) has previously
approved the information collection activities that apply to the coke
oven facilities affected by this action and has assigned OMB control
numbers 2060-0253 (COB NESHAP) and 2060-0521 (PQBS NESHAP). 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.
E. Unfunded Mandates Reform Act of 1995 (UMRA)
This action does not contain an unfunded mandate of $100 million
(adjusted annually for inflation) 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. Although this action creates an enforceable duty
on the private sector, the cost does not exceed $100 million or more.
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 it is not a significant regulatory action under section
3(f)(1) of Executive Order 12866, and 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 a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This action does not involve technical standards; therefore, the
NTTAA does not apply.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5 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 is not a major action as
defined by 5 U.S.C. 804(2).
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 L--National Emission Standards for Coke Oven Batteries
0
2. Amend Sec. 63.302 by revising paragraph (a)(4) introductory text
and paragraph (d) introductory text to read as follows:
Sec. 63.302 Standards for by-product coke oven batteries.
(a) * * *
(4) On and after July 7, 2025:
* * * * *
(d) Emission limitations and requirements applied to each coke oven
battery utilizing a new recovery technology shall be less than the
following emission limitations or shall result in an overall annual
emissions rate for coke oven emissions for the battery that is lower
than that obtained by the following emission limitations on and after
July 7, 2025:
* * * * *
0
3. Amend Sec. 63.303 by revising paragraphs (a)(1)(iii) and
(b)(1)(iii) to read as follows:
Sec. 63.303 Standards for nonrecovery coke oven batteries.
(a) * * *
(1) * * *
(iii) The date for compliance with paragraphs (a)(1)(i) and (ii) of
this section is on and after July 7, 2025.
* * * * *
(b) * * *
(1) * * *
(iii) The date for compliance with paragraphs (b)(1)(i) and (ii) of
this section is on and after July 7, 2025, or upon initial startup,
whichever is later.
* * * * *
0
4. Amend Sec. 63.304 by revising paragraph (b)(8) introductory text to
read as follows:
Sec. 63.304 Standards for compliance date extension.
* * * * *
(b) * * *
(8) On and after July 7, 2025:
* * * * *
0
5. Amend Sec. 63.311 by revising paragraph (h) to read as follows:
Sec. 63.311 Reporting and recordkeeping requirements.
* * * * *
[[Page 56013]]
(h) Electronic reporting of compliance certification reports.
Beginning on July 7, 2025, or once the report template for this subpart
has been available on the EPA's Compliance and Emissions Data Reporting
Interface (CEDRI) website for one year, whichever date is later, submit
all subsequent reports to the EPA via the CEDRI according to Sec.
63.9(k) except that confidential business information (CBI) should be
submitted according to paragraph (k) of this section.
* * * * *
0
6. Amend Sec. 63.314 by revising the introductory text to read as
follows:
Sec. 63.314 Fenceline monitoring provisions.
For each by-product coke oven battery facility as defined in Sec.
63.301, beginning no later than July 7, 2025, the owner or operator of
a coke manufacturing facility shall conduct sampling along the facility
property boundary and analyze the samples in accordance with paragraphs
(a) through (g) of this section.
* * * * *
Subpart CCCCC--National Emission Standards for Hazardous Air
Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks
0
7. Amend Sec. 63.7283 by revising paragraphs (d)(1) and (2) to read as
follows:
Sec. 63.7283 When do I have to comply with this subpart?
* * * * *
(d) * * *
(1) If you have an existing affected source or a new or
reconstructed affected source for which construction or reconstruction
commenced on or before August 16, 2023, you must be in compliance no
later than January 5, 2026.
(2) If you have a new or reconstructed affected source for which
construction or reconstruction commenced after August 16, 2023, you
must be in compliance no later than January 5, 2026, or upon startup,
whichever is later.
* * * * *
0
8. Amend Sec. 63.7300 by revising paragraph (c)(4) introductory text
to read as follows:
Sec. 63.7300 What are my operation and maintenance requirements?
* * * * *
(c) * * *
(4) Beginning January 5, 2026, you must identify and implement a
set of site-specific good combustion practices for each battery. These
good combustion practices should correspond to your standard operating
procedures for maintaining the proper and efficient combustion within
battery waste heat flues. Good combustion practices include, but are
not limited to, the elements listed in paragraphs (c)(4)(i) through (v)
of this section.
* * * * *
0
9. Amend Sec. 63.7341 by revising paragraph (f) to read as follows:
Sec. 63.7341 What reports must I submit and when?
* * * * *
(f) Electronic reporting of compliance reports. Beginning on July
7, 2026, or once the report template for this subpart has been
available on the CEDRI website for one year, whichever date is later,
submit all subsequent reports to the EPA via the CEDRI according to
Sec. 63.9(k) except that confidential business information (CBI)
should be submitted according to paragraph (h) of this section.
* * * * *
[FR Doc. 2025-22034 Filed 12-4-25; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.