Small Entities and Rulemaking
SBAR Panel #43 - National Emissions Standards for Hazardous Air Pollutants (NESHAP): Brick and Structural Clay Products and Clay Products
Top Three Questions
- What is a Small Business Advocacy Review Panel?
- What is a Small Entity Representative (SER)?
- Who is eligible to be a SER?
Key Dates and Documents for this SBAR Panel
- Convening Date: 06/12/2013
- Completion Date: 01/16/2014
- Executive Summary of the Panel Report: Summary for Administrator Gina McCarthy, January 2014 (PDF) (4 pp, 829K, About PDF)
- Panel Report: Small Business Advocacy Review Panel Report on EPA's Planned Proposed Rule "National Emission Standards for Hazardous Air Pollutants Maximum Achievable Control Technology for Brick and Structural Clay Products Manufacturing" (PDF) (37 pp, 4M, About PDF)
About the Rule
- Title: Air Toxics Rule for Brick Production
- RIN: 2060-AP69
- Docket No.: Not yet available
- Publication Date for Notice of Proposed Rulemaking (NPRM): 12/18/2014. Access the NPRM on Regulations.gov.
- Publication Date for Final Rule: Access the projected publication date on Reg DaRRT.
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: