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EPA/OAR | RIN: 2060-AU47 | Publication ID: Spring 2019 |
Title: ●National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing | |
Abstract:
The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Brick and Structural Clay Products (BSCP) Manufacturing was promulgated in May 2003 and was subsequently vacated by the D.C. Circuit Court (Court) in March 2007. In response to the Court decision, revised BSCP maximum achievable control technology (MACT) standards were published on October 26, 2016. The NESAHP set health-based emission standards for acid gases (chlorine, hydrogen chloride and hydrogen fluoride); set emission standards for mercury and particulate matter (PM) (PM surrogate for non-mercury HAP metals) and set work practice standards for dioxins/furans. On November 9, 2017, oral arguments were conducted on issues raised by industry and environmental group petitioners regarding the October 2016 final rule, and on July 6, 2018, the Court remanded portions of the rule back to the EPA for further proceedings (Brick MACT II decision). Specifically, the portions of the rule that were remanded were specific to the use of health-based standards for acid gases, the use of alternative PM standards and the use of the upper prediction limit methodology to calculate MACT standards from limited datasets. This proposal will amend the NESAHP for BSCP Manufacturing, as promulgated in 40 CFR part 63, subpart JJJJJ, to address the decisions made by the Court in their July 6, 2018, Brick MACT II decision. In addition, the Agency will be reviewing certain issues raised by industry regarding the 2016 final rule. |
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Agency: Environmental Protection Agency(EPA) | Priority: Substantive, Nonsignificant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Not subject to, not significant | |
CFR Citation: 40 CFR 63 | |
Legal Authority: 42 U.S.C. 7412, Clean Air Act |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Undetermined |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Brian Storey Environmental Protection Agency Office of Air and Radiation D243-04, Research Triangle Park, NC 27709 Phone:919 541-1103 Email: storey.brian@epa.gov Jennifer Caparoso Environmental Protection Agency Office of Air and Radiation 109 T.W. Alexander Drive, Mail Code E143-01, Research Triangle Park, NC 27711 Phone:919 541-4063 Fax:919 541-0516 Email: caparoso.jennifer@epa.gov |