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EPA/OAR

RIN: 2060-AU47

Publication ID: Fall 2020

Title: National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing
Abstract: The National Emission Standards for Hazardous Air Pollutants (NESAHP) 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, the EPA published revised BSCP maximum achievable control technology (MACT) standards 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 July 6, 2018, the Court remanded portions of the rule back to the EPA for further proceedings (Sierra Club and Natural Resources and Defense Council v. Environmental Protection Agency and E. Scott Pruitt, D.C. Cir No. 15-1487 (Brick MACT II decision)). Specifically, the Court remanded portions of the rule related 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 would 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.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
EO 13771 Designation: Other
CFR Citation: 40 CFR 63
Legal Authority: 42 U.S.C. 7412 Clean Air Act

Legal Deadline:

Action	Source	Description	Date
None

Timetable:

Action	Date	FR Cite
NPRM	07/00/2021
Final Rule	05/00/2022

Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: Undetermined
Small Entities Affected: Undetermined	Federalism: No
Included in the Regulatory Plan: No
Sectors Affected: 327120 Clay Building Material and Refractories Manufacturing
RIN Data Printed in the FR: No
Agency Contact: Brian Storey Environmental Protection Agency Office of Air and Radiation 109 T.W. Alexander Drive, Mail Code D243-04, Research Triangle Park, NC 27711 Phone:919 541-1103 Fax:919 541-4991 Email: storey.brian@epa.gov Keith Barnett Environmental Protection Agency Office of Air and Radiation D243-04, Research Triangle Park, NC 27711 Phone:919 541-5605 Fax:919 541-4991 Email: barnett.keith@epa.gov