BRICK Act seeks to prevent Brick MACT regulation implementation until court cases decided

The House Energy and Commerce Committee recently highlighted H.R. 4557, The Blocking Regulatory Interference from Closing Kilns (BRICK) Act, a bill seeking to mitigate the effects of recent Environmental Protection Agency (EPA) regulations on the American brick industry.

In a continuation of the EPA’s efforts to reduce mercury and other hazardous air pollutants, the agency finalized two regulations in September: the National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing and National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing, known collectively as the Brick MACT rule. The standards established in the regulations call for reductions of mercury and non-mercury hazardous air pollutants and acid gases.

The EPA estimates that compliance with this rule will have an industry-wide annual cost of $25 million, while the industry, which comprises many small business, places the figure at up to $100 million. The brick manufacturing industry employs approximately 7,000 people at 70 facilities across the country, many of which do not believe they will be able to remain in compliance due to the costs and the three-year timeline. Some brick manufacturers have challenged the Brick MACT rule in federal court.

The BRICK Act would extend the compliance dates attached to the regulations until court cases challenging them have been decided.