EPA and environmentalists have agreed to a tentative timeline to propose a new maximum achievable control technology (MACT) air toxics rule for brick manufacturing in 2013 and issue a final rule in 2014, requiring the agency to devise a new method for regulating the sector after its previous brick MACT standards were vacated. Sierra Club sued EPA in the U.S. District Court for the District of Columbia, arguing that the agency violated a non-discretionary duty under the Clean Air Act by not issuing a new brick MACT standard after the U.S. Court of Appeals for the District of Columbia Circuit vacated a Bush-era brick air toxics rule issued in 2003.
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