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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Rules and Regulations
described in UMRA, 2 U.S.C. 1531
1538, that may result in expenditures that exceed the inflation-adjusted UMRA threshold of $100 million by State, local, or Tribal governments or the private sector in any one year. In addition, this rule does not contain a significant Federal intergovernmental mandate as described by section 203 of UMRA nor does it contain any regulatory requirements that might significantly or uniquely affect small governments.
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 rule does not have tribal implications, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule.
However, EPA did discuss this action in conference calls with the Minnesota Tribes.

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H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks EPA interprets E.O. 13045 as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5
501 of the E.O. has the potential to influence the regulation. This action is not subject to E.O. 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. This action addresses regional haze and visibility protection. Further, because this amendment to the current regulation will require controls that will cost an amount equal to or less than the cost of controls required under the current regulation, it is not an economically significant regulatory action. However, to the extent this rule will limit emissions of NOX, SO2, and PM, the rule will have a beneficial effect on childrens health by reducing air pollution.
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.

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J. National Technology Transfer and Advancement Act Section 12 of the National Technology Transfer and Advancement Act NTTAA of 1995 requires Federal agencies to evaluate existing technical standards when developing a new regulation. To comply with NTTAA, EPA must consider and use voluntary consensus standards VCS if available and applicable when developing programs and policies unless doing so would be inconsistent with applicable law or otherwise impractical.
VCS are inapplicable to this action because application of those requirements would be inconsistent with the CAA.
K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations We have determined that this rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations, as specified in Executive Order 12898 59 FR 7629, February 16, 1994, because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population.
L. Congressional Review Act CRA
This rule is exempt from the CRA
because it is a rule of particular applicability.
M. Determination Under Section 307d Pursuant to CAA section 307d1B, this action is subject to the requirements of CAA section 307d, as it revises a FIP
under CAA section 110c.
N. Judicial Review Under section 307b1 of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 3, 2021. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See CAA
section 307b2.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
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reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Regional haze, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
This document of the Environmental Protection Agency was signed on January 11, 2021, by Andrew Wheeler, Administrator, pursuant to a settlement agreement between EPA and U.S. Steel that required the final rule to be signed no later than January 20, 2021. That document with the original signature and date is maintained by EPA. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned EPA Official re-signs the document for publication, as an official document of the Environmental Protection Agency. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register.
Jane Nishida, Acting Administrator.

For the reasons stated in the preamble, EPA amends title 40 CFR part 52 as follows:
PART 52APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:

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

2. In 52.1235 revise paragraph b1iii to read as follows:

52.1235

Regional haze.

b1
iii United States Steel Corporation, Minntac: An aggregate emission limit of 1.6 lbs NOX/MMBtu, based on a 30-day rolling average, shall apply to the combined NOX emissions from the five indurating furnaces: Line 3 EU225, Line 4 EU261, Line 5 EU282, Line 6
EU315, and Line 7 EU334. To determine the aggregate emission rate, the combined NOX emissions from lines 3, 4, 5, 6 and 7 shall be divided by the total heat input to the five lines in MMBTU during every rolling 30-day period commencing either upon notification of a starting date by United States Steel Corporation, Minntac, or with the 30-day period from September 1, 2019 to September 30, 2019, whichever occurs first. The aggregate emission rate shall subsequently be determined on each day, 30 days after the starting date contained in such
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