Environmental Protection Agency: National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review: Interim Final Rule

B-337658

July 18, 2025

The Honorable Shelley Moore Capito
Chairman
The Honorable Sheldon Whitehouse
Ranking Member
Committee on Environment and Public Works
United States Senate

The Honorable Brett Guthrie
Chairman
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce House of Representatives

Subject: Environmental Protection Agency: National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review: Interim Final Rule

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Environmental Protection Agency (EPA) titled “National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review: Interim Final Rule” (FRL-5919.4-03-OAR). We received the rule on July 1, 2025. It was published in the Federal Register on July 3, 2025. 90 Fed. Reg. 29485. The effective date of the rule is July 2, 2025.

According to EPA, it is taking interim final action on the National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities to revise certain compliance deadlines for standards finalized in 2024. Specifically, EPA stated that it 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. See generally 89 Fed. Reg. 23294 (Apr. 3, 2024) (This document is the 2024 rule that is the subject of the reconsideration) (2024 Rule).

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date does not apply, however, if the agency finds for good cause that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, and the agency incorporates the finding and a brief statement of its reasons in the rule. 5 U.S.C. §§ 553(b)(4)(B), 808(2). EPA stated that it found good cause to waive the 60-day delay in effective date requirement pursuant to section 808(2) of CRA. According to EPA, notice-and-comment for this rule would be impracticable because it has granted petitions for administrative reconsideration of multiple provisions of the 2024 Rule and committed to initiating another rulemaking subject to notice‑and-comment procedures. EPA stated that reconsideration is warranted due to procedural and drafting errors during the rulemaking process, coupled with late-submitted information from regulated entities, which together resulted in regulatory provisions that pose compliance challenges. EPA also stated that, given the imminent compliance deadlines, which require substantial lead time for facility investments and operational changes, revising the dates through prior notice and comment is impracticable.

Enclosed is our assessment of EPA's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact Charlie McKiver, Assistant General Counsel, at (202) 512-5992.

Shirley A. Jones
Managing Associate General Counsel

Enclosure

ENCLOSURE

REPORT UNDER 5 U.S.C. § 801(a)(2)(A) ON A MAJOR RULE
ISSUED BY THE
ENVIRONMENTAL PROTECTION AGENCY
TITLED
“NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS:
INTEGRATED IRON AND STEEL MANUFACTURING FACILITIES TECHNOLOGY REVIEW: INTERIM FINAL RULE”
(FRL-5919.4-03-OAR)

(i) Cost-benefit analysis

The Environmental Protection Agency (EPA) estimates that this rule will save $0.4–$0.5 million annually in compliance costs but increase hazardous air pollutant emissions by 120 short tons from 2025 to 2027. 90 Fed. Reg. 29485 (July 3, 2025).

(ii) Agency actions relevant to the Regulatory Flexibility Act (RFA), 5 U.S.C. §§ 603–605, 607, and 609

The Secretary of EPA certifies that this rule will not have a significant economic impact on a substantial number of small entities under the RFA. 90 Fed. Reg. at 29490.

(iii) Agency actions relevant to sections 202–205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. §§ 1532–1535

EPA determined that this rule does not contain an unfunded mandate of $100 million or more and does not significantly or uniquely affect small governments. EPA stated that the rule imposes no enforceable duty on any state, local, or tribal governments, or the private sector. 90 Fed. Reg. at 29490.

(iv) Other relevant information or requirements under acts and executive orders

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

According to EPA, notice-and-comment for this rule would be impracticable because it has granted petitions for administrative reconsideration of multiple provisions in a rule it issued in 2024 and committed to initiating another rulemaking subject to notice-and-comment procedures. See generally 89 Fed. Reg. 23294 (Apr. 3, 2024) (This is the 2024 rule that is the subject of the reconsideration) (2024 Rule). EPA stated that reconsideration of the 2024 Rule is warranted due to procedural and drafting errors during the rulemaking process, coupled with late‑submitted information from regulated entities, which together resulted in regulatory provisions that pose compliance challenges. EPA also stated that given the imminent compliance deadlines, which require substantial lead time for facility investments and operational changes, revising the dates through prior notice and comment is impracticable. 90 Fed. Reg. at 29489.

Paperwork Reduction Act (PRA), 44 U.S.C. §§ 3501–3520

EPA determined that this rule does not impose any new information collection burden under PRA and that the Office of Management and Budget has previously approved the information collection activities that apply to the facilities affected by the rule. 90 Fed. Reg. at 29490.

Statutory authorization for the rule

EPA promulgated this rule pursuant to section 7412 of title 42, United States Code.

Executive Order No. 12866 (Regulatory Planning and Review)

EPA stated that this rule is significant under the Order. 90 Fed. Reg. at 29489.

Executive Order No. 13132 (Federalism)

EPA determined that this rule does not have federalism implications. 90 Fed. Reg. at 29490.