House Passes Cramer Supported Bill to Protect Brick and Wood Heater Businesses

Press Release

Congressman Kevin Cramer announced the U.S. House of Representatives passed H.R. 1917, the Blocking Regulatory Interference from Closing Kilns (BRICK) Act of 2017 today. Cramer is a cosponsor of H.R. 1917 and a Member of the House Committee on Energy and Commerce, which approved the legislation in January.

"In the House we continue to provide relief from regulations harming small businesses," said Cramer. "The BRICK Act will ensure there is adequate time for meaningful judicial review before the owners and operators of brick manufacturing facilities are required to make significant and potentially irreversible decisions regarding their businesses. The wood heater industry bill extends a compliance deadline which is proving burdensome for small manufacturers in the industry to meet. Without the extension, consumers of wood heaters would likely be left with less choices and more expensive products."

Background

The bill would delay and extend compliance dates for the finalized 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, commonly known as Brick MACT, until the rule has survived judicial review.

The Environmental Protection Agency (EPA) set severe standards for brick industry emissions of mercury and non-mercury hazardous air pollutants, as well as health-based standards for acid gases, giving regulated brickmaking facilities three years to comply. Prior to the 2015 Brick MACT, EPA issued an earlier version in 2003. After the compliance date passed and the brick industry spent millions of dollars, federal courts told EPA to rewrite the rule. The BRICK Act aims to prevent that from happening again.

Included in the legislation is a bill Cramer cosponsored, H.R. 453, the Relief from New Source Performance Standards Act of 2017. H.R. 453 deems the Step 2 compliance date for standards of performance for new residential wood heaters, new residential hydronic heaters, and forced-air furnaces to be May 15, 2023.

Impact on Local Companies

"We are in strong support of this bill. It will allow us time to work with the EPA to establish more reasonable levels." -- Jeff Laliberte, President, Hebron Brick Company, Hebron, ND.

"H.R. 453 will provide immediate relief to my store, enabling us to sell affordable, clean-burning wood and pellet stoves to our customers. Our family-owned business has been in business for over 35 years and we hope to remain in business for another 35 years." -- Kent Hildebrand, Burning Desired, Inc., Mandan, ND.

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