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Small Entities and Rulemaking

SBAR Panel #43 - National Emissions Standards for Hazardous Air Pollutants (NESHAP): Brick and Structural Clay Products and Clay Products

Key Dates and Documents for this SBAR Panel

About the Rule

What is the Implication of the Rulemaking on Small Entities?

Under the Clean Air Act, EPA must issue national emissions standards for new and existing major sources of air toxics from a wide variety of industries, including brick and structural clay products manufacturing. Air toxics, also known as hazardous air pollutants, are pollutants known or suspected to cause cancer or other serious health problems. A facility is considered a "major source" if it emits 10 or more tons a year of a single air toxic, or 25 or more tons of a combination of toxics.

EPA issued air toxics regulations for brick and structural clay products manufacturing facilities in 2003; however, those regulations were vacated by the courts. EPA is beginning the process of developing a new rule, which will apply to new and existing tunnel kilns and periodic kilns located at brick and structural clay product manufacturing facilities. An estimated 82 percent of the companies operating brick kilns are small businesses. EPA anticipates proposing this rule in 2010.

How Can I Learn More?

If you are a small manufacturer of bricks or other clay-based structural products such as roof tiles or pavers, you may potentially be affected by this rulemaking. While the opportunity to participate in this Panel has passed, you will have the chance to submit comments concerning this rulemaking during the standard public comment period commencing after publication of the notice of proposed rulemaking in the Federal Register.

Semiannual updates about the development status of the rulemaking are available on both:

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