Why is this Q & A Document being provided?
On June 18, 2007, the United States Court of Appeals for the District of Columbia Circuit issued a mandate vacating the NESHAP for Brick and Structural Products Manufacturing, “Brick MACT” (40 CFR Part 63 Subpart JJJJJ).

The Georgia Environmental Protection Division (GA EPD) is providing this Q & A document in an effort to assist Georgia sources impacted by this court decision. All answers listed here are subject to change, pending further review by GA EPD and/or guidance from US EPA.

Does GA EPD consider the Brick MACT a vacated standard even though it has been adopted by reference in the state rules?
Yes.

Will Georgia remove 391-3-1-.02(9)(b)(124) (incorporation by reference of the Brick MACT) from the Georgia Rules for Air Quality Control?
Yes, Georgia intends to remove this regulation at our next rulemaking opportunity.

The Brick MACT was vacated in its entirety. Does that mean that 112(j) applies?
US EPA has verbally informed GA EPD that 112(j) (also called the “MACT Hammer”) applies for the Brick MACT. GA EPD agrees that 112(j) applies. The requirements of 112(j) are contained in 40 CFR Part 63 Subpart B (40 CFR 63.44 through 63.56).

When will GA EPD solicit the Part 1 and Part 2 Applications required by 112(j)?
We are waiting for written guidance from US EPA before deciding when to solicit 112(j) applications. On December 11, 2007, EPA Region 4 notified GA EPD that the written guidance would be published in the April/May 2008 time frame. There is no requirement to submit Part 1 or Part 2 112(j) Applications to GA EPD at this time.

Part 1 Applications will be due to the permitting authority (GA EPD) 30 days after affected sources are notified in writing that 112(j) applies. Part 2 Applications are due to the permitting authority 60 days after the Part 1 Application is due. States have 18 months from the date of receipt of a complete Application (Part 1 and Part 2) to issue a 112(j) permit.

Small brick kilns do not have emission limits under the vacated MACT standard. Will 112(j) apply to small brick kilns?
Yes, if 112(j) is applicable, it will apply to small brick kilns.

We are installing a new kiln; does 112(g) apply?
If the new kiln is being installed at an existing source that is already major for HAPs, the kiln will be subject to a Case-by-Case MACT (112(g)) determination if the kiln being installed is in itself major for HAPs. If a new facility is being constructed and HAP emissions for the facility are above the major source threshold for HAPs, the new facility should go through a Case-by-Case MACT determination.

When will EPA re-promulgate the Brick MACT and what will the new rules look like?
It will be probably be two years or longer before the new standards are promulgated.