The Environmental Protection Agency (EPA) approved a final rule February 28 establishing air toxics limits for the brick and clay industry that does not include controversial provisions exempting lower-risk facilities from control. In the proposed version of the rule, EPA suggested offering exemptions to facilities that emit hazardous air pollutants (HAPs) based on the level of health risks posed to surrounding communities. As OMB Watch previously reported, the American Forestry and Paper Association pushed such "risk-based exemptions" in the context of a related air rule, outlining their case in three white papers given to EPA and the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) (which has the authority to approve or reject major EPA proposals). With OIRA’s backing, EPA incorporated these suggestions and specifically referenced the industry white papers in the brick and clay rule, as well as proposals (still yet to be finalized) to regulate HAPS in five other areas: automobile and truck coating; combustion turbines; industrial boilers; plywood and composite wood products; and reciprocating internal combustion engines. Under the Clean Air Act, EPA regulates air toxics -- pollutants that cause cancer and other serious health problems -- through a technology-based approach, setting an emission standard for various categories of industrial facilities. These limits, known as Maximum Achievable Control Technology (MACT) standards, are based on the average emission limitation achieved by the best performing 12 percent of existing sources. Risk-based standards, such as the approach pushed by the American Forestry and Paper Association, would be much more difficult to craft than current MACT standards, and would significantly weaken clean air controls, resulting in more pollution over time. Furthermore, risk-based exemptions violate the Clean Air Act, which "plainly does not allow EPA to make facility-by-facility exemptions from MACT standards," according to attorneys at the Natural Resources Defense Council.