What: On March 31, 2025, the United States Environmental Protection Agency (EPA) announced it would be reviewing the National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing and Clay Ceramics Manufacturing.
Why: The rule was originally finalized on October 26, 2015, and applies to hazardous air pollutant emissions from brick and clay manufacturing facilities.
Section 610 of the Regulatory Flexibility Act requires agencies to review, within 10 years of promulgation, each rule that has or will have a significant economic impact on a substantial number of small entities. The EPA undertakes these reviews to decide whether a rule should continue unchanged, be amended, or be withdrawn.
The review will focus on:
- The continued need for the rule.
- The nature of complaints or comments received concerning the rule.
- The complexity of the rule.
- The extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules.
- The degree to which the technology, economic conditions or other factors have changed in areas affected by the rule.
Small entities are encouraged to provide comments and propose changes to the rule, how the rule can be made clearer, more effective, or if there are conflicting or overlapping requirements with other Federal or State regulations.
When the rule was originally finalized, the EPA estimated that two to three small businesses (out of a total of 36) faced “significant risk of closure.” Part of the goal of the review is to find out if the impacts of the rule have changed over time.
Action: Comments are due May 30, 2025.
Is your small business or entity being negatively impacted by a proposed rule? If yes, write a comment letter to the proposing agency.