11198 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 

* * * * * 

TABLE 37 TO SUBPART D OF PART 161—DOCUMENTATION REQUIRED TO MODIFY A GENDER MARKER IN DEERS TO

CORRECT AN ADMINISTRATIVE ERROR

Status Documentation 

Sponsor or Dependent .................... Birth certificate and FIPS Pub 201–3 ‘‘Personal Identity Verification (PIV) of Federal Employees and Contractors,’’ Identity Proofing and Registration Requirements primary and secondary identity source documentation (Note). 

Note: Documentation from the FIPS Pub 201–3, PIV Identity Proofing and Registration Requirements primary and secondary identity source 

document lists that establishes gender. 

* * * * * 

Dated: February 5, 2024. 

Patricia Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2024–02621 Filed 2–13–24; 8:45 am] 

BILLING CODE 6001–FR–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2002–0049; FRL–8150.1– 

03–OAR] 

New Source Performance Standards 

Review for Steel Plants: Electric Arc 

Furnaces and Argon-Oxygen 

Decarburization Vessels; Corrections 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule; request for 

comment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking interim final 

action on corrections and clarifications 

to the new source performance 

standards (NSPS) for electric arc 

furnaces and argon-oxygen 

decarburization vessels in the steel 

industry. The corrections and 

clarifications are being made to address 

unintended and inadvertent errors in 

the recently finalized standards. 

DATES: This interim final rule is 

effective on February 14, 2024. 

Comments on this rule must be received 

on or before March 15, 2024. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2002–0049 by any of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: a-and-r-docket@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2002–0049 in the subject line of the 

message. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2002– 

0049. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Docket ID No. EPA–HQ–OAR–2002– 

0049, Mail Code 28221T, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460. 

• 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 https://

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on sending 

comments, see the ‘‘Public 

Participation’’ heading of the General 

Information section of this document 

under SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Donna Lee Jones, Sector Policies and 

Programs Division (D243–02), 109 T.W. 

Alexander Drive, P.O. Box 12055, Office 

of Air Quality Planning and Standards, 

United States Environmental Protection 

Agency, Research Triangle Park, North 

Carolina 27711; telephone number: 

(919) 541–5251; email address: 

jones.donnalee@epa.gov. 

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: 

AOD argon-oxygen decarburization 

APA Administrative Procedure Act 

BLDS bag leak detection system 

CAA Clean Air Act 

CBI confidential business information 

CFR Code of Federal Regulations 

CRA Congressional Review Act 

DCOT during the digital camera opacity 

technique 

DEC direct shell evacuation control 

EAF electric arc furnace 

EPA Environmental Protection Agency 

FR Federal Register 

FTP File Transfer Protocol 

NAICS North American Industry 

Classification System 

NSPS new source performance standards 

NTTAA National Technology Transfer and 

Advancement Act 

OMB Office of Management and Budget 

PM particulate matter 

PRA Paperwork Reduction Act 

RFA Regulatory Flexibility Act 

UMRA Unfunded Mandates Reform Act of 

1995 

U.S. United States of America 

U.S.C. United States Code 

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. Background and Summary 

B. Specific Regulatory Revisions 

III. Rulemaking Procedures 

IV. Request for Comment 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review, as Amended by 

Executive Order 14094: Modernizing 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act of 1995 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) and 1 CFR 

Part 51 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations and Executive Order 14096: 

Revitalizing our Nation’s Commitment to 

Environmental Justice for All 

K. Congressional Review Act (CRA) 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 11199 

1There are three stages of EAF operation, where 

one of the three stages is charging of raw materials 

(metal scrap) into the EAF. Charging typically 

occurs in periods of less than 1 minute to up to 3 

Continued 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Public Participation 

Submit your written comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2002–0049, at https://

www.regulations.gov (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 https://

www.regulations.gov 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 

https://www.epa.gov/dockets/ 

commenting-epa-dockets 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 https://www.regulations.gov. 

Clearly mark the part or all of 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 OAQPS CBI Office at the 

email address oaqpscbi@epa.gov, 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 oaqpscbi@epa.gov 

to request a file transfer link. If sending 

CBI information through the postal 

service, please send it to the following 

address: OAQPS Document Control 

Officer (C404–02), OAQPS, U.S. 

Environmental Protection Agency, 109 

T.W. Alexander Drive, P.O. Box 12055 

RTP, North Carolina 27711, Attention 

Docket ID No. EPA–HQ–OAR–2002– 

0049. 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 

The source category that is the subject 

of this interim final action is composed 

of steel manufacturing facilities that 

operate electric arc furnaces (EAF) and 

argon-oxygen decarburization (AOD) 

vessels regulated under CAA section 

111 New Source Performance Standards 

(NSPS). The 2022 North American 

Industry Classification System (NAICS) 

code for the source category is 331110 

for ‘‘Iron and Steel Mills and Ferroalloy 

Manufacturing’’ processes. The NAICS 

code serves as a guide for readers 

outlining the type of entities that this 

interim final action is likely to affect. 

There are approximately 88 EAF 

facilities in the United States of America 

(U.S.), with most (>95 percent) EAF 

facilities subject to one of the EAF NSPS 

that are described below. 

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) provisions that provided 

authority to issue the regulations being 

amended: CAA section 111(b)(1)(B) 

(requirement to review, and if 

appropriate, revise, NSPS standards at 

least every 8 years), and CAA section 

301, 42 U.S.C. 7601 (general rulemaking 

authority). Statutory authority for the 

rulemaking procedures followed in this 

action is provided by Administrative 

Procedure Act (APA) section 553, 5 

U.S.C. 553. 

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 April 

15, 2024. 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. Background and Summary 

In 1975, the EPA first promulgated the 

EAF NSPS (subpart AA) to regulate 

emissions of particulate matter (PM) 

from new, reconstructed or modified 

EAF that produce steel. These standards 

apply to sources that commenced 

construction, modification, or 

reconstruction after October 21, 1974, 

and on or before August 17, 1983. In 

1984, the EPA promulgated an updated 

EAF NSPS as subpart AAa, which 

revised the standards for EAF and also 

addressed AOD units. These standards 

apply to sources that commenced 

construction, modification or 

reconstruction after August 17, 1983, 

and on or before May 16, 2022. On 

August 25, 2023, the EPA promulgated 

amendments to the EAF NSPS (88 FR 

58459), including a new NSPS subpart 

AAb that establishes standards 

applicable to units that are new, 

modified, or reconstructed after May 16, 

2022, as well as certain amendments to 

NSPS subparts AA and AAa that are 

applicable to units that began 

construction or reconstruction by the 

earlier dates specified in those two 

subparts. 

Relevant to this action, the 2023 final 

rule included the following: (1) a new 

NSPS subpart AAb which maintained 

the requirement for facilities to meet a 

shop opacity of six percent during 

charging 1—the same as is required 


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11200 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 

minutes. Steel is produced in batches, where a 

single batch can last from 1 hour to 10 hours, where 

5 hours is a typical batch time period. Charging, 

therefore, is a small subset of the time that an EAF 

is operating. 

2On the same day, the Steel Associations filed a 

petition for review of the 2023 final rule in the D.C. 

Circuit. Am. Iron & Steel Institute v. EPA, No. 23– 

1292. The litigation is presently in abeyance while 

the EPA undertakes this action. 

under subparts AA and AAa; and 

required opacity testing to be performed 

once a day during charging for 3 

minutes using EPA Method 9 in 

appendix A to part 60 of this chapter, 

from the average of 12 consecutive 

observations recorded at 15-second 

intervals; (2) a provision under subparts 

AA, AAa, and AAb that permits EAF, 

AOD, or both facilities with direct shell 

evacuation control (DEC) that want to 

avoid the requirement to use a furnace 

static pressure monitoring device to, as 

an alternative, perform observations of 

shop opacity no less than once per week 

from the end of one EAF heat cycle to 

the end of the following heat cycle (a 

heat cycle means the period beginning 

when scrap is charged to an EAF shell 

and ending when the EAF tap is 

completed or beginning when molten 

steel is charged to an AOD vessel and 

ending when the AOD vessel tap is 

completed); and (3) a compliance date 

for provisions applicable to facilities 

subject to subpart AA or AAa of 

February 21, 2024. The standards and 

requirements under subpart AAb were 

effective immediately upon publication 

of the final rule on August 25, 2023. 

Following issuance of the final rule, 

the EPA was notified by industry 

representatives of several errors in the 

final regulatory text for subparts AA, 

AAa, and AAb. The American Iron and 

Steel Institute (‘‘AISI’’), the Steel 

Manufacturers Association (‘‘SMA’’), 

and the Specialty Steel Industry of 

North America (‘‘SSINA’’) (collectively, 

‘‘the Steel Associations’’) submitted 

letters on August 17 and September 29, 

2023, detailing concerns with the final 

rule, including certain new 

requirements in the final regulatory text, 

and requested corrections. In addition, 

on October 24, 2023, the Steel 

Associations submitted a petition for 

reconsideration and a request for an 

administrative stay pursuant to CAA 

section 307(d)(7)(B), identifying, among 

other issues, concerns with new 

requirements in the final regulatory 

text.2

This action addresses errors identified 

by the Steel Associations, which are 

described in the following paragraphs, 

as well as errors identified by the EPA. 

This action does not attempt to address 

all issues identified in the Steel 

Associations communications, as the 

EPA continues to review the other 

issues not directly addressed in this 

action. To the extent the EPA 

determines that additional action is 

appropriate to address these other 

issues, we will initiate a separate 

rulemaking action. 

In the 2023 final rule, the EPA 

inadvertently included a requirement 

under subparts AA, AAa and AAb for 

observations of shop opacity to be 

performed by a certified visible 

emission observer no less than once per 

week for all EAF facilities subject to 

subparts AA, AAa or AAb, starting at 

the end of one EAF heat cycle and 

stopping at the end of the following heat 

cycle. The EPA never proposed nor 

intended to include such a requirement 

in the final rule. Because this 

requirement had not been included in 

the 2022 EAF NSPS proposed rule (87 

FR 29710), the public did not have an 

opportunity to comment on this 

requirement, and the effects of the 

requirement were not included in the 

EPA’s cost estimates or economic 

impact analysis for the 2023 final rule 

(88 FR 58459). 

In addition, after the 2023 final rule 

was promulgated, the EPA discovered 

that the charging period associated with 

the finalized opacity testing requirement 

in NSPS subpart AAb, despite being the 

shortest operational period for an EAF, 

AOD or both, could be broken up into 

multiple discrete time periods at some 

EAF, AOD, or both and that the opacity 

plume for charging sometimes lasts after 

charging has stopped. Therefore, testing 

opacity ‘‘during charging’’ for a 

continuous 3-minute period, as the final 

EAF NSPS rule required, would not be 

possible in the case of multiple discrete 

charges or if the charging plume 

continues to be observable after 

charging of materials ceases. 

We also discovered a typographical 

error in the standards section of subpart 

AAb for measurement of shop opacity, 

where charging was mentioned twice 

instead of once and with two different 

sets of requirements. The duplicative 

references to ‘‘charging’’ would require 

testing both for 3 minutes and 6 

minutes, and require no testing for 

tapping. This was inconsistent with 

other provisions of the rule that 

accurately described the testing 

requirements and with the EPA’s clearly 

stated intent in the preamble that the 6- 

minute opacity testing was intended for 

tapping and the 3-minute testing was 

intended for charging. (88 FR 58459). 

Additional errors we are addressing in 

this action include: (1) correcting in 40 

CFR 60.273(d)(2), 60.273a(d)(2), and 

60.273b(d)(2) the omitted timing of the 

requirement to conduct shop opacity 

monitoring when more than one EAF 

are located in a shop; and (2) correcting 

in 40 CFR 60.273(c), 60.273a(c), and 

60.273b(e) the erroneous requirement 

included in the final rule that all fabric 

filters must have a continuous opacity 

monitoring system (COMS) or bag leak 

detection system (BLDS) by 

renumbering the regulatory text as 40 

CFR 60.273(c)(1)–(c)(3)/60.273a(c)(1)– 

(c)(3) and removing the phrase ‘‘on all 

fabric filters’’ in 40 CFR 60.273b(e); and 

(3) renumbering rule text in 40 CFR 

60.274b(c)(1)–(c)(5) to clarify that the 

requirements in paragraphs (c)(1)–(c)(3) 

of §§ 60.274, 60.274a, and 60.274b are a 

choice, and that (c)(4) and (c)(5) apply 

to any of the choices made in (c)(1)– 

(c)(3). 

We also discovered that several 

paragraphs under ‘‘Monitoring of 

operations’’ in subpart AA § 60.274(b), 

(c), and (i), subpart AAa § 60.274a(b), 

(c), and (h), and subpart AAb 

§ 60.274b(b), (c), and (h) do not reflect 

what we plainly stated in the preamble 

(88 FR 58465, 58466, 58484), in 

response to comments, that we were not 

adopting the proposed rule provisions 

that would have required continuously 

monitoring of volumetric flow rate at 

each separately ducted hood and 

furnace static pressure, and instead 

were finalizing provisions that require 

recording these parameters as no greater 

than 15-minute integrated block 

averages. Relatedly, the 2023 final 

regulatory text was ambiguous as to 

whether facilities needed to monitor 15- 

minute rolling averages or integrated 

block averages. Our stated intent in the 

preamble to the final rule was to require 

15-minute integrated block averages; 

therefore, in this action, in §§ 60.274 

and 60.274a, we are clarifying that 

volumetric flow rates and furnace static 

pressure are to be recorded as no greater 

than 15-minute integrated block 

averages. 

Finally, we also discovered a phrase 

under ‘‘Recordkeeping and reporting’’ in 

subparts AA, AAa, and AAb under 40 

CFR 60.276(a)/60.276a(c)/60.276b(c) 

that was unintentionally and 

inadvertently deleted in the final 

regulations in regard to operation of fan 

motors for owners and operators that 

elect to install a furnace static pressure 

monitoring device. Specifically, the 

regulatory text inadvertently omitted a 

provision stating that ‘‘operation of 

control system fan motor amperes at 

values exceeding ±15 percent of the 

value established under 40 CFR 

60.274(c)/60.274a(c)/60.274b(c)’’ also 

constitutes unacceptable operation and 

maintenance of the affected facility. 

Therefore, we are restoring this phrase 


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Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 11201 

in subparts AA, AAa, and AAb under 40 

CFR 60.276(a)/60.276a(c)/60.276b(c). 

The EPA is issuing this interim final 

rule to correct these errors included in 

the EAF NSPS 2023 final rule. 

B. Specific Regulatory Revisions 

The regulatory revisions to 40 CFR 

part 60, subparts AA, AAa, and AAb 

that are being revised in this action 

include the following: 

1. Corrections to 40 CFR Part 60, 

Subparts AA and AAa 

In this action, we are removing the 

inadvertently included requirement in 

40 CFR 60.273(d)(2) and 60.273a(d)(2) 

‘‘Emission monitoring’’ for lengthy, 

conflicting, and costly weekly opacity 

monitoring from the end of one EAF, 

AOD, or both heat cycles to the end of 

the following heat cycle, a time period 

that lasts from 1 to 10 hours, with an 

estimated average of 5 hours. As 

written, the promulgated 2023 final rule 

erroneously required hours-long testing 

that would have significant cost 

impacts, which are estimated to be 

approximately $6 million per year. This 

requirement was not proposed and was 

inadvertently added into the final rule, 

without appropriate analysis and 

opportunity for public comment. 

Moreover, this requirement is not 

necessary to ensure compliance with the 

standard and would cause a significant 

unintended financial impact on the 

EAF, AOD, or both currently subject to 

NSPS subpart AA and AAa. 

We are also clarifying when to 

conduct the weekly shop opacity 

monitoring when there is more than one 

EAF located in a shop by adding 

‘‘during the heat cycle as defined in 40 

CFR 60.271,’’ which was inadvertently 

omitted from the final rule. As written 

in the 2023 final rule 40 CFR 

60.273(d)(2) and 60.273a(d)(2), the 

regulations are unclear as to when 

opacity monitoring should be 

completed. The clarification being 

finalized in this interim final current 

rule will require that once a week, 

facility shops with more than one EAF 

are to perform the required daily opacity 

monitoring when all EAF in the shop 

are operating. Following these 

corrections, subparts AA and AAa retain 

the requirement for daily opacity testing 

during melting and refining, tapping, 

and charging for time periods of 6, 6, 

and 3 minutes, respectively, as well as 

the requirement that facilities with more 

than one EAF in a shop test opacity 

once a week with all EAF in operation. 

In this action, we are also correcting 

errors in 40 CFR 60.273(c) and 

60.273a(c) by removing the erroneous 

requirement included in the final rule 

that all fabric filters would need to 

install COMS or BLDS. As written, the 

promulgated 2023 final rule required a 

large capital investment for existing 

facilities with multi-stack fabric filters 

to install COMS or BLDS on each fabric 

filter. This erroneous requirement in the 

final rule is in direct conflict with both 

the preamble text (88 FR 58465) and our 

finalized regulations in 40 CFR 

60.273(e) and 60.273a(e), which only 

require BLDS for single stack fabric 

filters that do not have COMS. 

Therefore, by adding in paragraph and 

subparagraph numbers (1)(i), (1)(ii), (2), 

and (3) in 40 CFR 60.273(c) and 

60.273a(c) to make clear that multi-stack 

fabric filters are not required to install 

COMS or BLDS if observations of the 

opacity of the visible emission from the 

control device are performed by a 

certified visible emission observer, we 

will align § 60.273(c) and § 60.273a(c) 

with § 60.273(e) and § 60.273a(e), 

respectively, and eliminate the 

requirement for existing facilities to 

install COMS or BLDS by February 21, 

2024. 

We are clarifying 40 CFR 

60.274(c)(1)–(5) and 60.274a(c)(1)–(5), 

which, as written in the final 

regulations, could be interpreted to 

allow the owner or operator to choose 

from one of five ways to monitor EAF 

operation when demonstrating 

compliance with the shop opacity 

standards in 40 CFR 60.272(a)(3) and 

60.272a(a)(3) where a hood is used for 

capture, as described in paragraphs 40 

CFR 60.274 and 60.274a in 

subparagraphs (c)(1), (c)(2), (c)(3), (c)(4), 

and (c)(5). This was an error. We are 

correcting the requirements, as 

intended, to clearly allow three choices 

of subparagraphs (c)(1), (c)(2), or (c)(3) 

to demonstrate compliance, but also to 

require a demonstration of compliance 

with both subparagraphs (c)(4) and 

(c)(5). These three choices of monitoring 

in subparagraphs (c)(1), (c)(2), and (c)(3) 

are choices between (c)(1), monitoring 

fan motor amperes at each damper 

position; (c)(2), monitoring volumetric 

flow rate through each hood; or (c)(3), 

monitoring volumetric flow rate at the 

control device inlet and with damper 

position. The last two subparagraphs of 

40 CFR 60.274 and 60.274a, specifically, 

(c)(4) and (c)(5), were intended to apply 

to any of the three monitoring choices 

in (c)(1), (c)(2), or (c)(3), where (c)(4) 

sets the time requirement for the 

monitoring as a rolling averaging period 

not to exceed 15 minutes, and (c)(5) 

describes how facilities can petition the 

Administrator to change any of the 

operating conditions that they had 

previously chosen among (c)(1), (c)(2), 

or (c)(3). Without this correction, the 

regulations do not clearly indicate how 

facilities are to appropriately monitor 

EAF, AOD, or both when demonstrating 

compliance with the shop opacity 

standard in 40 CFR 60.272(a)(3) and 

60.272a(a)(3) where a hood is used for 

capture. Therefore, as written in the 

2023 final rule, facilities already subject 

to the applicable standards could 

inadvertently become noncompliant. 

We also are correcting subparts AA 

and AAa, ‘‘Monitoring of operations’’ in 

40 CFR 60.274(b), (c), and (i) and 

60.274a(b), (c), and (h) for the 

parameters of volumetric flow rate 

through each separately ducted hood 

and furnace static pressure by removing 

the requirements to record a rolling 15- 

minute average on a continuous basis. 

As stated in the final rule preamble (88 

FR 58465, 58466), we intended to 

change this proposed provision in 

response to comments and replace it 

with the requirement to record as no 

greater than 15-minute integrated block 

averages. Without these corrections, the 

regulations would be inconsistent with 

our intended final action as described in 

the 2023 final rule preamble, would not 

clearly indicate how facilities are to 

appropriately monitor EAF, AOD, or 

both, and facilities already subject to the 

applicable standards could 

inadvertently become noncompliant. 

Finally, we are correcting a 

requirement that was unintentionally 

and inadvertently deleted in subparts 

AA and AAa, ‘‘Recordkeeping and 

reporting’’ in 40 CFR 60.276(a)/ 

60.276a(c)/60.276b(c), regarding the 

operation of fan motors for owners and 

operators that elect to install a furnace 

static pressure monitoring device under 

40 CFR 60.274(f)/60.274a(f)/60.274b(f). 

We are restoring the provision 

specifying that ‘‘operation of control 

system fan motor amperes at values 

exceeding ±15 percent of the value 

established under 40 CFR 60.274(c)/ 

60.274a(c)/60.274b(c)’’ also constitutes 

unacceptable operation and 

maintenance of the affected facility in 

addition to operation at flow rates lower 

than those established under 40 CFR 

60.274(c)/60.274a(c)/60.274b(c). We 

never proposed to modify this provision 

and its deletion in the final rule was 

unintended. As written in the final 

regulations, facilities already subject to 

the applicable standards could 

inadvertently become noncompliant if 

we do not make this correction. 

2. Corrections to Subpart AAb 

We are making the same correction to 

subpart AAb as described in in II.B.1 for 

subparts AA and AAa because the 

requirement for lengthy, conflicting, and 


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costly weekly opacity monitoring from 

the end of one EAF, AOD, or both heat 

cycles to the end of the following heat 

cycle’’ in 40 CFR 60.273b(d)(2) 

‘‘Emission monitoring’’ was not 

proposed in 2022 (87 FR 29710), was 

not intended to be included in the 

promulgated 2023 final rule (88 FR 

58459), and is not necessary to ensure 

compliance with the standards. In 

addition, this provision was not 

included in the cost estimates for the 

final rule or economic impact analysis. 

The correction for subpart AAb in this 

action returns the requirement in 40 

CFR 60.273b(d)(2) to what had been 

proposed (87 FR 29710), where opacity 

testing was required to be performed at 

least once per day when the furnace is 

operating. This correction is consistent 

with the requirements in the standards 

section of the rule, at 40 CFR 

60.272b(a)(3), which were unchanged 

between the proposed rule (87 FR 

29710) and promulgated final rule (88 

FR 58459). 

We are also clarifying, as we are in 

subparts AA and AAa, when to conduct 

the weekly shop opacity monitoring 

when there is more than one EAF 

located in a shop, by adding ‘‘during the 

heat cycle as defined in 40 CFR 

60.271b.’’ This clarification requires that 

once a week, facility shops with more 

than one EAF perform the required 

daily opacity monitoring when all EAFs 

are operating. 

Additionally in this action, we are 

correcting procedures for opacity testing 

of shop emissions under Method 9 in 

subpart AAb at 40 CFR 60.271b 

‘‘Definitions,’’ 40 CFR 60.272b(a)(3) 

‘‘Standard for particulate matter,’’ and 

40 CFR 60.273b(d)(3) ‘‘Emission 

monitoring,’’ to address the situation 

where charging periods at some EAF, 

AOD, or both may be broken into 

multiple, shorter periods of charging 

rather than one continuous charge, and 

for delayed plumes from charging. The 

final rule promulgated in 2023 (88 FR 

58442) defined the charging testing 

period in subpart AAb as ‘‘12 15-second 

continuous opacity observations’’ (a 

total of 3 minutes) to accommodate the 

shorter periods of charging that are less 

than the 6 minutes required for melting 

and refining, and for tapping. However, 

as promulgated in the 2023 final rule, 

this requirement may not always be 

technically feasible for a facility to meet. 

In this interim final rule, we are 

clarifying that the 3 minutes of opacity 

observation does not need to be 

continuous (although the observation 

periods should still total 3 minutes), to 

accommodate EAF, AOD, or both that 

are charged in multiple short batches of 

less than a duration of 3 minutes each. 

In some instances, the opacity due to 

charging can continue to be observable 

after the charging activity has stopped, 

but before melting and refining begins. 

As provided in the 2023 final rule, the 

compliance testing requirements cannot 

be accurately completed at some 

facilities due to short charging periods 

and the requirement to only test opacity 

during charging. In this action, we are 

thus clarifying that the charging opacity 

observations can continue after the 

activity of charging ceases, up until 

melting and refining begins, which is 

necessary when opacity observations 

during charging have not yet reached 3 

minutes in total and the charging 

opacity continues up until melting and 

refining begins. 

Therefore, this action corrects the 

charging opacity measurement 

regulatory text to remove ‘‘continuous,’’ 

and define the opacity measurement 

period as beginning when charging is 

first initiated and continuing until 

melting and refining begins, for a 

minimum of three minutes of total 

opacity readings. The result of this 

change is that the opacity test result for 

charging should be calculated from the 

average of the highest twelve 15-second 

opacity observations (total of 3 minutes) 

during the charging period that is 

defined as beginning when charging is 

first initiated and continuing until 

melting and refining begins, to produce 

a 3-minute opacity average in an 

integrated sample, as permitted under 

section 2.5 of Method 9. 

We are correcting in this interim final 

rule a typographic error in 40 CFR 

60.272b(a)(3) ‘‘Standard for particulate 

matter’’ promulgated in the final rule in 

2023 (88 FR 58459), where charging was 

required to be tested both without 

modification of the 6-minute 

observation time period as well as with 

modification to reduce the observation 

time period to 3 minutes. The former 

time period of 6 minutes should have 

been attributed to tapping and not 

charging, as is done in two other places 

in the 2023 final rule (i.e., in 40 CFR 

60.271b ‘‘Definitions’’ and 40 CFR 

60.273b(d)(3) ‘‘Emission monitoring’’). 

Therefore, we are correcting the first 

mention in 40 CFR 60.272b(a)(3) from 

‘‘charging’’ to ‘‘tapping’’. 

Additionally in this action, we are 

making the same correction to subpart 

AAb, as described in in II.B.1, for 

subparts AA and AAa, by removing the 

requirement erroneously included in the 

final regulations in 40 CFR 60.273b(e) 

that all fabric filters need to have COMS 

or BLDS installed. By removing the 

phrase ‘‘on all fabric filters’’ to make 

clear that multi-stack fabric filters are 

not required to install COMS or BLDS 

if observations of the opacity of the 

visible emission from the control device 

are performed by a certified visible 

emission observer, we will align 40 CFR 

60.273b(e) with 40 CFR 60.273b(c) and 

eliminate the need for all new, modified 

or reconstructed facilities to install 

COMS or BLDS upon startup. We are 

also making the same correction to 

subpart AAb, as described in II.B.1 for 

subparts AA and AAa, to allow a choice 

between 40 CFR 60.274b(c)(1), (c)(2), or 

(c)(3) to demonstrate compliance, but 

then also require a demonstration of 

compliance with both subparagraphs 

(c)(4) and (c)(5). Without this edit, the 

regulations do not clearly indicate how 

facilities are to appropriately monitor 

EAF, AOD or both when demonstrating 

compliance with the shop opacity 

standard in 40 CFR 60.272b(a)(3) where 

a hood is used for capture. Therefore, as 

written in our final rule, facilities could 

inadvertently become noncompliant. 

We are making the same correction to 

subpart AAb under ‘‘Monitoring of 

operations’’ in 40 CFR 60.274b(b), (c), 

and (h), as described in II.B.1 for 

subparts AA and AAa, for the 

parameters of volumetric flow rate 

through each separately ducted hood 

and furnace static pressure. We are 

removing the requirements to record 

‘‘rolling 15-minute averages on a 

continuous basis’’ for the values for 

these parameters and replacing with the 

requirement to ‘‘record as no greater 

than 15-minute integrated block 

averages.’’ 

Finally, we are making the same 

corrections to subpart AAb under 

‘‘Recordkeeping and reporting 

requirements,’’ as described in II.B.1 for 

subparts AA and AAa, for a requirement 

that was unintentionally and 

inadvertently deleted in the final rule 

for subpart AAb under 40 CFR 

60.276b(c), in regard to operation of fan 

motor for owners and operators that 

elect to install a furnace static pressure 

monitoring device under 40 CFR 

60.274b(f). We are restoring the 

provision specifying that ‘‘operation of 

control system fan motor amperes at 

values exceeding ±15 percent of the 

value established under 40 CFR 

60.274b(c)’’ also constitutes 

unacceptable operation and 

maintenance of the affected facility in 

addition to operation at flow rates lower 

than those established under 40 CFR 

60.274b(c). 

III. Rulemaking Procedures 

As noted in section I.C. of this 

document, the EPA’s authority for the 

rulemaking procedures followed in this 


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3Under CAA section 307(d)(1)(C), the EPA’s 

promulgation or revision of any standard of 

performance under CAA section 111 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)].’’ CAA section 307(d)(1). 

action is provided by APA section 553.3

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 noticeand-comment requirements applies 

here. 

Following notice-and-comment 

procedures is impracticable and 

unnecessary for this action. The costly, 

conflicting, and burdensome opacity 

emissions monitoring requirements 

inadvertently included in subparts AA, 

AAa, and AAb were not proposed and 

were never intended to become part of 

the regulatory text of the 2023 final rule. 

These opacity monitoring requirements, 

as described in section II. of this action, 

would add significant cost impacts to 

new and currently operating sources 

that were not considered or included in 

the 2023 final rule because the EPA 

neither intended nor anticipated 

finalizing such a provision. These 

erroneous requirements are already in 

effect with respect to facilities subject to 

subpart AAb and will apply to facilities 

subject to NSPS subparts AA and AAa 

on February 21, 2024. Thus, it is critical 

to timely avoid this unintended and 

significant burden. 

Regarding the correction to subpart 

AAb for procedures for opacity testing 

of shop emissions under Method 9, the 

regulations as finalized are technically 

impossible for some facilities to meet 

due to opacity plumes that could be 

delayed after charging stops, but before 

melting and refining begins. 

Accordingly, a new facility that is 

constructed, modified, or reconstructed 

would be subject to compliance 

assurance provisions in subpart AAb 

with which the facility may not be able 

to comply. This would create an 

unreasonable situation where a facility 

could be considered to be in violation 

because it cannot comply with these 

compliance assurance requirements, 

even though it would be able to 

technically meet the applicable 

performance standard. Therefore, it is 

imperative that the EPA make this 

correction to ensure new, modified, and 

reconstructed are subject to opacity 

testing requirements that are achievable. 

Finally, this action is correcting 

several inadvertent errors in the 

regulatory text of the final rule. First, 

this action is removing a duplicative 

and contradictory reference in 40 CFR 

60.272b(a)(3) to the charging 

requirement, which does not change the 

substance of the testing requirements. 

Second, this action is correcting 

regulatory text in subparts AA, AAa, 

and AAb that accidentally retained 

certain proposed language, contrary to 

the EPA’s expressly stated intent in the 

final rule preamble. And third, the EPA 

is restoring provisions that were 

unintentionally deleted without prior 

notice or explanation and which should 

have been retained. This action corrects 

these oversights which, as described in 

section II., could cause some facilities to 

become inadvertently noncompliant 

with the standards and subject to 

potential enforcement action if not 

expeditiously corrected. 

This action is effective immediately 

upon publication. Section 553(d) of the 

APA requires publication of the final 

rule to precede the effective date by at 

least 30 days unless, as relevant here, 

the rule relieves a restriction (40 CFR 

553(d)(1)) or the agency finds good 

cause to make the rule effective sooner 

(40 CFR 553(d)(3)). Under APA section 

553(d)(1), an exception applies to a rule 

that ‘‘grants or recognizes an exemption 

or relieves a restriction.’’ Because the 

corrections in this action relieve 

restrictions placed on facilities from the 

2023 final rule (e.g., removing an 

unintended, burdensome and costly 

opacity monitoring requirement and 

relaxing unachievable testing 

requirements), the normal 30-day 

minimum period between this action’s 

dates of publication and effectiveness is 

not required. Additionally, as explained 

throughout this action, because the 

corrections to the final rule relieve 

impracticable regulatory burdens and 

make ministerial clarifications, there is 

a secondary good cause basis for 

immediate effectiveness under APA 

section 553(d)(3). See Omnipoint Corp. 

v. Fed. Commc’n Comm’n, 78 F.3d 620, 

630 (D.C. Cir. 1996) (in determining 

whether good cause exists to make a 

rule immediately effective, an agency 

should ‘‘balance the necessity for 

immediate implementation against 

principles of fundamental fairness 

which require that all affected persons 

be afforded a reasonable amount of time 

to prepare for the effective date of its 

ruling’’). Because the rule does not 

impose any new regulatory 

requirements, the regulated community 

does not need time to prepare for the 

rule to come into effect. 

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 

providing an opportunity for comment 

on the content of the amendments and, 

thus, requests comment on the 

corrections described in this rule. The 

EPA is not reopening for comment any 

provisions of the 2023 final rule other 

than the specific provisions 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 http://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review, as Amended by 

Executive Order 14094: Modernizing 

Regulatory Review 

This action is not a significant 

regulatory action as defined in 

Executive Order 12866, as amended by 

Executive Order 14094, and was 

therefore not subject to a requirement 

for Executive Order 12866 review. 

B. 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 EAF facilities affected by 

this action and has assigned OMB 

control number 2060–0038. This action 

does not change the information 

collection requirements. 

C. 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. 

D. 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 


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11204 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 

uniquely affect small governments. The 

action imposes no enforceable duty on 

any state, local or tribal governments or 

the private sector. This rule corrects 

unintended errors in previous rule. 

E. 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. 

F. 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 

corrections and clarifications to rule text 

applicable directly to the regulated 

industry that needed clarification or that 

were erroneously included in final rule. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. 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. The EPA does not believe 

there are disproportionate risks to 

children because of this action since it 

will not result in any changes to the 

control of air pollutants. 

H. 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. 

I. National Technology Transfer and 

Advancement Act (NTTAA) and 1 CFR 

Part 51 

This action does not involve technical 

standards; therefore, the NTTAA does 

not apply. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

The EPA believes that this type of 

action does not concern human health 

or environmental conditions and, 

therefore, cannot be evaluated with 

respect to potentially disproportionate 

and adverse effects on communities 

with environmental justice concerns. 

K. Congressional Review Act (CRA) 

This action is subject to the 

Congressional Review Act (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. The CRA 

allows the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA 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 

section III. of this document, including 

the basis for that finding. 

List of Subjects in 40 CFR Part 60 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Incorporation by 

reference, Reporting and recordkeeping 

requirements. 

Michael S. Regan, 

Administrator. 

For the reasons set forth in the 

preamble, the EPA amends 40 CFR part 

60 as follows: 

PART 60—STANDARDS OF 

PERFORMANCE FOR NEW 

STATIONARY SOURCES 

■ 1. The authority citation for part 60 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart AA—Standards of 

Performance for Steel Plants: Electric 

Arc Furnaces Constructed After 

October 21, 1974, and On or Before 

August 17, 1983 

■ 2. Amend § 60.273 by revising 

paragraphs (c) and (d)(2) to read as 

follows: 

§ 60.273 Emission monitoring. 

* * * * * 

(c)(1) A continuous monitoring 

system for the measurement of the 

opacity of emissions discharged into the 

atmosphere from the control device(s) is 

not required: 

(i) On any modular, multistack, 

negative-pressure or positive-pressure 

fabric filter if observations of the opacity 

of the visible emission from the control 

device are performed by a certified 

visible emission observer; or 

(ii) On any single-stack fabric filter if 

observations of the opacity of the visible 

emissions from the control device are 

performed by a certified visible 

emission observer and the owner 

installs and operates a bag leak 

detection system according to paragraph 

(e) of this section whenever the control 

device is being used to remove 

particulate matter from the EAF. 

(2) Visible emission observations shall 

be conducted at least once per day of 

the control device for at least three 6- 

minute periods when the furnace is 

operating in the melting and refining 

period. All visible emissions 

observations shall be conducted in 

accordance with EPA Method 9 of 

appendix A to this part, or, as an 

alternative, according to ASTM D7520– 

16 (incorporated by reference, see 

§ 60.17), with the caveats described 

under Shop opacity in § 60.271. 

(3) If visible emissions occur from 

more than one point, the opacity shall 

be recorded for any points where visible 

emissions are observed. Where it is 

possible to determine that a number of 

visible emission points relate to only 

one incident of the visible emission, 

only one set of three 6-minute 

observations will be required. In that 

case, EPA Method 9 observations must 

be made for the point of highest opacity 

that directly relates to the cause (or 

location) of visible emissions observed 

during a single incident. Records shall 

be maintained of any 6-minute average 

that is in excess of the emission limit 

specified in § 60.272(a)(2). 

(d) * * * 

(2) No less than once per week, during 

a heat time as defined in § 60.271, a 

melt shop with more than one EAF shall 

conduct these readings while all EAFs 

are in operation. All EAFs are not 

required to be on the same schedule for 

tapping. 

* * * * * 

■ 3. Amend § 60.274 by revising 

paragraphs (b)(1), (b)(3), (c), and (i)(9) to 

read as follows: 

§ 60.274 Monitoring of operations. 

* * * * * 

(b) * * * 

(1) Monitor and record once per shift 

the block 15-minute average furnace 

static pressure (if a DEC system is in 


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use, and a furnace static pressure gauge 

is installed according to paragraph (f) of 

this section) and either: 

(i) Install, calibrate, and maintain a 

monitoring device that continuously 

records the capture system fan motor 

amperes and damper position(s); or 

(ii) Monitor and record as no greater 

than 15-minute integrated block average 

basis the volumetric flow rate through 

each separately ducted hood; or 

(iii) Install, calibrate, and maintain a 

monitoring device that continuously 

records the volumetric flow rate at the 

control device inlet and record damper 

position(s). 

* * * * * 

(3) Parameters monitored pursuant to 

this paragraph, excluding damper 

position, shall be recorded as integrated 

block averages not to exceed 15 

minutes. 

(c)(1) When the owner or operator of 

an affected facility is required to 

demonstrate compliance with the 

standards under § 60.272(a)(3) and at 

any other time that the Administrator 

may require (under section 114 of the 

CAA, as amended), the owner or 

operator shall, during periods in which 

a hood is operated for the purpose of 

capturing emissions from the affected 

facility subject to paragraph (b) of this 

section, either: 

(i) Monitor and record the fan motor 

amperes at each damper position, and 

damper position consistent with 

paragraph (i)(5) of this section; or 

(ii) Monitor and record as no greater 

than 15-minute integrated block average 

basis the volumetric flow rate through 

each separately ducted hood; or 

(iii) Install, calibrate, and maintain a 

monitoring device that continuously 

records the volumetric flow rate at the 

control device inlet and monitor and 

record the damper position consistent 

with paragraph (i)(5) of this section. 

(2) Parameters monitored pursuant to 

this paragraph, excluding damper 

position, shall be recorded as integrated 

block averages not to exceed 15 

minutes. 

(3) The owner or operator may 

petition the Administrator or delegated 

authority for reestablishment of these 

parameters whenever the owner or 

operator can demonstrate to the 

Administrator’s or delegated authority’s 

satisfaction that the EAF operating 

conditions upon which the parameters 

were previously established are no 

longer applicable. The values of the 

parameters as determined during the 

most recent demonstration of 

compliance shall be the appropriate 

operational range or control set point 

throughout each applicable period. 

Operation at values beyond the accepted 

operational range or control set point 

may be subject to the requirements of 

§ 60.276(a). 

* * * * * 

(i) * * * 

(9) Parameters monitored pursuant to 

paragraphs (i)(6) through (8) of this 

section shall be recorded as integrated 

block averages not to exceed 15 

minutes. 

■ 4. Amend § 60.276 by revising 

paragraph (a) to read as follows: 

§ 60.276 Recordkeeping and reporting 

requirements. 

(a) Continuous operation at a furnace 

static pressure that exceeds the 

operational range or control setting 

under § 60.274(g), for owners and 

operators that elect to install a furnace 

static pressure monitoring device under 

§ 60.274(f) and either operation of 

control system motor amperes at values 

exceeding ±15 percent of the value 

established under § 60.274(c) or 

operation at flow rates lower than those 

established under § 60.274(c) may be 

considered by the Administrator or 

delegated authority to be unacceptable 

operation and maintenance of the 

affected facility. Operation at such 

values shall be reported to the 

Administrator or delegated authority 

semiannually. 

* * * * * 

■ 5. Amend the subpart AAa heading by 

revising it to read as follows: 

Subpart AAa—Standards of 

Performance for Steel Plants: Electric 

Arc Furnaces and Argon-Oxygen 

Decarbonization Vessels Constructed 

After August 17, 1983, and On or 

Before May 16, 2022 

* * * * * 

■ 6. Amend § 60.273a by revising 

paragraphs (c) and (d)(2) to read as 

follows: 

§ 60.273a Emission monitoring. 

* * * * * 

(c)(1) A continuous monitoring 

system for the measurement of the 

opacity of emissions discharged into the 

atmosphere from the control device(s) is 

not required: 

(i) On any modular, multistack, 

negative-pressure or positive-pressure 

fabric filter if observations of the opacity 

of the visible emission from the control 

device are performed by a certified 

visible emission observer; or 

(ii) On any single-stack fabric filter if 

observations of the opacity of the visible 

emissions from the control device are 

performed by a certified visible 

emission observer and the owner 

installs and operates a bag leak 

detection system according to paragraph 

(e) of this section whenever the control 

device is being used to remove 

particulate matter from the EAF or AOD. 

(2) Visible emission observations shall 

be conducted at least once per day of 

the control device for at least three 6- 

minute periods when the furnace is 

operating in the melting and refining 

period. All visible emissions 

observations shall be conducted in 

accordance with EPA Method 9 of 

appendix A to this part, or, as an 

alternative, according to ASTM D7520– 

16 (incorporated by reference, see 

§ 60.17), with the caveats described 

under Shop opacity in § 60.271. 

(3) If visible emissions occur from 

more than one point, the opacity shall 

be recorded for any points where visible 

emissions are observed. Where it is 

possible to determine that a number of 

visible emission points relate to only 

one incident of the visible emission, 

only one set of three 6-minute 

observations will be required. In that 

case, EPA Method 9 observations must 

be made for the point of highest opacity 

that directly relates to the cause (or 

location) of visible emissions observed 

during a single incident. Records shall 

be maintained of any 6-minute average 

that is in excess of the emission limit 

specified in § 60.272(a)(2). 

(d) * * * 

(2) No less than once per week, during 

the heat cycle as defined in § 60.271a, 

melt shop with more than one EAF shall 

conduct these readings while all EAFs 

are in operation. All EAFs are not 

required to be on the same schedule for 

tapping. 

* * * * * 

■ 7. Amend § 60.274a by revising 

paragraphs (b)(1), (b)(3), (c), and (h)(9) 

to read as follows: 

§ 60.274a Monitoring of operations. 

* * * * * 

(b) * * * 

(1) Monitor and record once per shift 

the block 15-minute average furnace 

static pressure (if a DEC system is in 

use, and a furnace static pressure gauge 

is installed according to paragraph (f) of 

this section) and either: 

(i) Install, calibrate, and maintain a 

monitoring device that continuously 

records the capture system fan motor 

amperes and damper position(s); 

(ii) Monitor and record as no greater 

than 15-minute integrated block average 

basis the volumetric flow rate through 

each separately ducted hood; or 

(iii) Install, calibrate, and maintain a 

monitoring device that continuously 

records the volumetric flow rate at the 


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control device inlet and record damper 

positions(s). 

* * * * * 

(3) Parameters monitored pursuant to 

this paragraph, excluding damper 

position, shall be recorded as integrated 

block averages not to exceed 15 

minutes. 

(c)(1) When the owner or operator of 

an affected facility is required to 

demonstrate compliance with the 

standards under § 60.272a(a)(3) and at 

any other time that the Administrator 

may require (under section 114 of the 

CAA, as amended), the owner or 

operator shall, during periods in which 

a hood is operated for the purpose of 

capturing emissions from the affected 

facility subject to paragraph (b) of this 

section, either: 

(i) Install, calibrate, and maintain a 

monitoring device that continuously 

records the fan motor amperes at each 

damper position, and damper position 

consistent with paragraph (h)(5) of this 

section; or 

(ii) Monitor and record as no greater 

than 15-minute integrated block average 

basis the volumetric flow rate through 

each separately ducted hood; or 

(iii) Install, calibrate, and maintain a 

monitoring device that continuously 

records the volumetric flow rate at the 

control device inlet and monitor and 

record the damper position consistent 

with paragraph (h)(5) of this section. 

(2) Parameters monitored pursuant to 

this paragraph, excluding damper 

position, shall be recorded as integrated 

block averages not to exceed 15 

minutes. 

(3) The owner or operator may 

petition the Administrator or delegated 

authority for reestablishment of these 

parameters whenever the owner or 

operator can demonstrate to the 

Administrator’s or delegated authority’s 

satisfaction that the affected facility 

operating conditions upon which the 

parameters were previously established 

are no longer applicable. The values of 

the parameters as determined during the 

most recent demonstration of 

compliance shall be the appropriate 

operational range or control set point 

throughout each applicable period. 

Operation at values beyond the accepted 

operational range or control set point 

may be subject to the requirements of 

§ 60.276a(c). 

* * * * * 

(h) * * * 

(9) Parameters monitored pursuant to 

paragraphs (h)(6) through (8) of this 

section shall be recorded as integrated 

block averages not to exceed 15 

minutes. 

■ 8. Amend § 60.276a by revising 

paragraph (c) to read as follows: 

§ 60.276a Recordkeeping and reporting 

requirements. 

* * * * * 

(c) Continuous operation at a furnace 

static pressure that exceeds the 

operational range or control setting 

under § 60.274a(g), for owners and 

operators that elect to install a furnace 

static pressure monitoring device under 

§ 60.274a(f) and either operation of 

control system fan motor amperes at 

values exceeding ±15 percent of the 

value established under § 60.274a(c) or 

operation at flow rates lower than those 

established under § 60.274a(c) may be 

considered by the Administrator or 

delegated authority to be unacceptable 

operation and maintenance of the 

affected facility. Operation at such 

values shall be reported to the 

Administrator or delegated authority 

semiannually. 

* * * * * 

Subpart AAb—Standards of 

Performance for Steel Plants: Electric 

Arc Furnaces and Argon-Oxygen 

Decarbonization Vessels Constructed 

After May 16, 2022 

■ 9. Amend § 60.271b by revising the 

definition ‘‘Shop opacity’’ to read as 

follows: 

§ 60.271b Definitions. 

* * * * * 

Shop opacity means the arithmetic 

average of 24 observations of the opacity 

of any EAF or AOD emissions 

emanating from, and not within, the 

shop, during melting and refining, and 

during tapping, taken in accordance 

with Method 9 of appendix A of this 

part; and during charging, according to 

the procedures in section 2.5 of Method 

9 in appendix A to part 60 of this 

chapter, with the following 

modifications: begin reading opacity 

when charging is first initiated and 

continue reading until melting and 

refining begins, or for a minimum of 3 

minutes total. From the readings 

collected, take the average of the highest 

12 15-second opacity observations (total 

of 3 minutes) during this period to 

determine the 3-minute opacity average 

associated with charging. For the daily 

opacity observation during melting and 

refining, facilities may measure opacity 

by EPA Method 22 of appendix A of this 

part, modified to require the recording 

of the aggregate duration of visible 

emissions at 15-second intervals. 

Alternatively, ASTM D7520–16 

(incorporated by reference, see § 60.17), 

may be used with the following five 

conditions: 

(1) During the digital camera opacity 

technique (DCOT) certification 

procedure outlined in section 9.2 of 

ASTM D7520–16 (incorporated by 

reference, see § 60.17), the owner or 

operator or the DCOT vendor must 

present the plumes in front of various 

backgrounds of color and contrast 

representing conditions anticipated 

during field use such as blue sky, trees, 

and mixed backgrounds (clouds and/or 

a sparse tree stand); 

(2) The owner or operator must also 

have standard operating procedures in 

place including daily or other frequency 

quality checks to ensure the equipment 

is within manufacturing specifications 

as outlined in section 8.1 of ASTM 

D7520–16 (incorporated by reference, 

see § 60.17); 

(3) The owner or operator must follow 

the recordkeeping procedures outlined 

in § 60.7(f) for the DCOT certification, 

compliance report, data sheets, and all 

raw unaltered JPEGs used for opacity 

and certification determination; 

(4) The owner or operator or the 

DCOT vendor must have a minimum of 

four independent technology users 

apply the software to determine the 

visible opacity of the 300 certification 

plumes. For each set of 25 plumes, the 

user may not exceed 15 percent opacity 

of any one reading and the average error 

must not exceed 7.5 percent opacity; 

(5) Use of this approved alternative 

does not provide or imply a certification 

or validation of any vendor’s hardware 

or software. The onus to maintain and 

verify the certification and/or training of 

the DCOT camera, software, and 

operator in accordance with ASTM 

D7520–16 (incorporated by reference, 

see § 60.17) and these requirements is 

on the facility, DCOT operator, and 

DCOT vendor. 

* * * * * 

■ 10. Amend § 60.272b by revising 

paragraph (a)(3) to read as follows: 

§ 60.272b Standard for particulate matter. 

(a) * * * 

(3) Exit from a shop and, due solely 

to the operations of any affected EAF(s) 

or AOD vessel(s) during melting and 

refining exhibit greater than 0 percent 

opacity, and during tapping exhibit 

greater than 6 percent opacity, as 

measured in accordance with Method 9 

of appendix A of this part; and during 

charging, exhibit greater than 6 percent 

opacity, as measured according to the 

procedures in section 2.5 of Method 9 

in appendix A to part 60 of this chapter, 

with the modification of this section of 

Method 9, as follows: begin reading 

opacity when charging is first initiated 

and continue reading until melting and 

refining begins, or for a minimum of 3 

minutes total. From the readings 


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collected, take the average of the highest 

12 15-second opacity observations (total 

of 3 minutes) during this period to 

determine the 3-minute opacity average 

associated with charging. For the daily 

opacity observation during melting and 

refining, facilities may measure opacity 

by EPA Method 22 of appendix A of this 

part, modified to require the recording 

of the aggregate duration of visible 

emissions at 15-second intervals. As an 

alternative, facilities may measure 

opacity according to ASTM D7520–16 

(incorporated by reference, see § 60.17), 

with the caveats described under Shop 

opacity in § 60.271 or, for the daily 

opacity observations during melting and 

refining, exhibit 0 seconds of visible 

emissions as measured by EPA Method 

22 of appendix A of this part, modified 

to require the recording of the aggregate 

duration of visible emissions at 15- 

second intervals. Shop opacity shall be 

recorded for any point(s) during melting 

and refining, during charging, and 

during tapping where visible emissions 

are observed. Where it is possible to 

determine that a number of visible 

emission sites relate to only one 

incident of visible emissions during 

melting and refining, during charging, 

or during tapping, only one observation 

of shop opacity or visible emissions will 

be required during melting and refining, 

during charging, or during tapping. In 

this case, the shop opacity or visible 

emissions observations must be made 

for the point of highest emissions during 

melting and refining, during charging, 

or during tapping that directly relates to 

the cause (or location) of visible 

emissions observed during a single 

incident. 

* * * * * 

■ 11. Amend § 60.273b by revising 

paragraphs (c), (d)(2), (d)(3), and (e) 

introductory text to read as follows: 

§ 60.273b Emission monitoring. 

* * * * * 

(c)(1) A continuous monitoring 

system for the measurement of the 

opacity of emissions discharged into the 

atmosphere from the control device(s) is 

not required: 

(i) On any modular, multistack, 

negative-pressure or positive-pressure 

fabric filter if observations of the opacity 

of the visible emission from the control 

device are performed by a certified 

visible emission observer; or 

(ii) On any single-stack fabric filter if 

observations of the opacity of the visible 

emissions from the control device are 

performed by a certified visible 

emission observer and the owner 

installs and operates a bag leak 

detection system according to paragraph 

(e) of this section whenever the control 

device is being used to remove 

particulate matter from the EAF or AOD. 

(2) Visible emission observations shall 

be conducted at least once per day of 

the control device for at least three 6- 

minute periods when the furnace is 

operating in the melting and refining 

period. All visible emissions 

observations shall be conducted in 

accordance with EPA Method 9 of 

appendix A to this part, or, as an 

alternative, according to ASTM D7520– 

16 (incorporated by reference, see 

§ 60.17), with the caveats described 

under Shop opacity in § 60.271. 

(3) If visible emissions occur from 

more than one point, the opacity shall 

be recorded for any points where visible 

emissions are observed. Where it is 

possible to determine that a number of 

visible emission points relate to only 

one incident of the visible emission, 

only one set of three 6-minute 

observations will be required. In that 

case, EPA Method 9 observations must 

be made for the point of highest opacity 

that directly relates to the cause (or 

location) of visible emissions observed 

during a single incident. Records shall 

be maintained of any 6-minute average 

that is in excess of the emission limit 

specified in § 60.272b(a)(2). 

(d) * * * 

(2) No less than once per week, during 

the heat cycle as defined in § 60.271b, 

a melt shop with more than one EAF 

shall conduct these readings while all 

EAFs are in operation. All EAFs are not 

required to be on the same schedule for 

tapping. 

(3) Shop opacity shall be determined 

as the arithmetic average of 24 

consecutive 15-second opacity 

observations of emissions from the shop 

taken in accordance with Method 9 

during melting and refining and during 

tapping; and during charging 

determined according to the procedures 

in section 2.5 of Method 9 in appendix 

A to part 60 of this chapter, with the 

modification as follows: begin reading 

opacity when charging is first initiated 

and continue reading until melting and 

refining begins, or for a minimum of 3 

minutes total. From the readings 

collected, take the average of the highest 

12 15-second opacity observations (total 

of 3 minutes) during this period to 

determine the 3-minute opacity average 

associated with charging. For the daily 

opacity observation during melting and 

refining, facilities may measure opacity 

by EPA Method 22 of appendix A of this 

part, modified to require the recording 

of the aggregate duration of visible 

emissions at 15-second intervals. As an 

alternative, facilities may measure the 

opacity according to ASTM D7520–16 

(incorporated by reference, see § 60.17), 

with the caveats described under Shop 

opacity in § 60.271, or, during melting 

and refining, as the total duration of 

visible emissions measured according to 

EPA Method 22 over a 6-minute period, 

modified to require the recording of the 

aggregate duration of visible emissions 

at 15-second intervals. Shop opacity 

shall be recorded for any point(s) where 

visible emissions are observed. Where it 

is possible to determine that a number 

of visible emission points relate to only 

one incident of visible emissions, only 

one observation of shop opacity will be 

required. In this case, the shop opacity 

observations must be made for the point 

of highest opacity that directly relates to 

the cause (or location) of visible 

emissions observed during a single 

incident. Shop opacity shall be 

determined daily during melting and 

refining, during charging, and during 

tapping. 

(e) A bag leak detection system must 

be installed and operated on all singlestack fabric filters whenever the control 

device is being used to remove 

particulate matter from the EAF or AOD 

vessel if the owner or operator elects not 

to install and operate a continuous 

opacity monitoring system as provided 

for under paragraph (c) of this section. 

In addition, the owner or operator shall 

meet the visible emissions observation 

requirements in paragraph (c) of this 

section. The bag leak detection system 

must meet the specifications and 

requirements of paragraphs (e)(1) 

through (8) of this section. 

* * * * * 

■ 12. Amend § 60.274b by revising 

paragraphs (b), (c), and (h)(9) to read as 

follows: 

§ 60.274b Monitoring of operations. 

* * * * * 

(b) Except as provided under 

paragraph (e) of this section, the owner 

or operator subject to the provisions of 

this subpart shall conduct the following 

monitoring of the capture system to 

demonstrate continuous compliance: 

(1) If a DEC system is in use, 

according to paragraph (f) of this 

section, monitor and record once per 

shift the block 15-minute average 

furnace static pressure and any one of 

(2) through (4) in this paragraph: 

(2) Install, calibrate, and maintain a 

monitoring device that continuously 

records the fan motor amperes at each 

damper position, and damper position 

consistent with paragraph (h)(5) of this 

section; or 

(3) Monitor and record as no greater 

than 15-minute integrated block average 

basis the volumetric air flow rate at each 

separately ducted hood; or 


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(4) Install, calibrate, and maintain a 

monitoring device that continuously 

records the volumetric flow rate at the 

control device inlet and monitor and 

record the damper position consistent 

with paragraph (h)(5) of this section. 

(5) The furnace static pressure 

monitoring device(s) shall be installed 

in an EAF or DEC duct prior to 

combining with other ducts and prior to 

the introduction of ambient air, at a 

location that has no flow disturbance 

due to the junctions. 

(6) The volumetric flow monitoring 

device(s) may be installed in any 

appropriate location in the capture 

system such that reproducible flow rate 

monitoring will result. The flow rate 

monitoring device(s) shall have an 

accuracy of ±10 percent over its normal 

operating range and shall be calibrated 

according to the manufacturer’s 

instructions. The Administrator may 

require the owner or operator to 

demonstrate the accuracy of the 

monitoring device(s) relative to EPA 

Methods 1 and 2 of appendix A of this 

part. 

(7) Parameters monitored pursuant to 

this paragraph, excluding damper 

position, shall be recorded as integrated 

block averages not to exceed 15 

minutes. 

(c)(1) When the owner or operator of 

an affected facility is required to 

demonstrate compliance with the 

standards under § 60.272b(a)(3) and at 

any other time that the Administrator 

may require (under section 114 of the 

CAA, as amended), the owner or 

operator shall, during all periods in 

which a hood is operated for the 

purpose of capturing emissions from the 

affected facility subject to paragraph (b) 

of this section, either: 

(i) Install, calibrate, and maintain a 

monitoring device that continuously 

records the fan motor amperes at each 

damper position, and damper position 

consistent with paragraph (h)(5) of this 

section; 

(ii) Monitor and record as no greater 

than 15-minute integrated block average 

basis the volumetric flow rate through 

each separately ducted hood; or 

(iii) Install, calibrate, and maintain a 

monitoring device that continuously 

records the volumetric flow rate at the 

control device inlet, and monitor and 

record the damper position consistent 

with paragraph (h)(5) of this section. 

(2) Parameters monitored pursuant to 

this paragraph, excluding damper 

position, shall be recorded as integrated 

block averages not to exceed 15 

minutes. 

(3) The owner or operator may 

petition the Administrator or delegated 

authority for reestablishment of these 

parameters whenever the owner or 

operator can demonstrate to the 

Administrator’s or delegated authority’s 

satisfaction that the affected facility 

operating conditions upon which the 

parameters were previously established 

are no longer applicable. The values of 

the parameters as determined during the 

most recent demonstration of 

compliance shall be the appropriate 

operational range or control set point 

throughout each applicable period. 

Operation at values beyond the accepted 

operational range or control set point 

may be subject to the requirements of 

§ 60.276b(c). 

* * * * * 

(h) * * * 

(9) Parameters monitored pursuant to 

paragraphs (h)(6) through (8) of this 

section shall be recorded as integrated 

block averages not to exceed 15 

minutes. 

■ 13. Amend § 60.276b by revising 

paragraph (c) to read as follows: 

§ 60.276b Recordkeeping and reporting 

requirements. 

* * * * * 

(c) Operation at a furnace static 

pressure that exceeds the operational 

range or control setting under 

§ 60.274b(g), for owners and operators 

that elect to install a furnace static 

pressure monitoring device under 

§ 60.274b(f) and either operation of 

control system fan motor amperes at 

values exceeding ±15 percent of the 

value established under § 60.274b(c) or 

operation ranges or control settings 

outside of those established under 

§ 60.274b(c) may be considered by the 

Administrator or delegated authority to 

be unacceptable operation and 

maintenance of the affected facility. 

Operation at such values shall be 

reported to the Administrator or 

delegated authority semiannually. 

* * * * * 

[FR Doc. 2024–02634 Filed 2–13–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 223 

[Docket No. 240208–0042; RTID 0648– 

XR071] 

Endangered and Threatened Wildlife 

and Plants: Listing the Queen Conch 

as Threatened Under the Endangered 

Species Act (ESA) 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: We, NMFS, are listing the 

queen conch (Aliger gigas, formerly 

known as Strombus gigas) as a 

threatened species under the 

Endangered Species Act (ESA). We have 

completed a review of the status of 

queen conch, including efforts being 

made to protect the species, and 

considered public comments submitted 

on the proposed listing rule as well as 

new information received since the 

publication of the proposed rule. Based 

on all of this information, we have 

determined that the queen conch is not 

currently in danger of extinction 

throughout all or a significant portion of 

its range, but is likely to become so 

within the foreseeable future. Thus, we 

are listing the queen conch as a 

threatened species under the ESA. At 

this time, we conclude that critical 

habitat is not yet determinable because 

data sufficient to perform the required 

analysis are lacking; any critical habitat 

designation would be proposed in a 

separate, future rulemaking. 

DATES: This final rule is effective on 

March 15, 2024. 

ADDRESSES: Public comments that were 

submitted on the proposed rule to list 

queen conch are available at https://

www.regulations.gov identified by 

docket number NOAA–NMFS–2019– 

0141. A list of references cited in this 

final rule and other supporting materials 

are available at: https://

www.fisheries.noaa.gov/species/queenconch, or by submitting a request to the 

National Marine Fisheries Service, 

Southeast Regional Office, Protected 

Resources Division, 263 13th Avenue 

South, St. Petersburg, Florida 33701. 

Information relevant to inform separate 

rulemakings to designate critical habitat 

for queen conch or issue protective 

regulations for queen conch may be 

submitted to this mailing address or to 

the email address indicated below (see 

FOR FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Orian Tzadik, NMFS Southeast Regional 

Office, (813) 906–0353–C; or 

Orian.Tzadik@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 27, 2012, we received a 

petition from WildEarth Guardians to 

list the queen conch as threatened or 

endangered throughout all or a 

significant portion of its range under the 

ESA. We determined that the petitioned 

action may be warranted and published 

a positive 90-day finding in the Federal 


ddrumheller on DSK120RN23PROD with RULES1