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Blocking Regulatory Interference from Closing Kilns Act of 2017
To allow for judicial review of any final rule addressing national emission standards for hazardous air pollutants for brick and structural clay products or for clay ceramics manufacturing before requiring compliance with such rule.
Summary
This bill extends the compliance dates for federal air pollution regulations affecting brick, clay, and ceramics manufacturers. It delays when affected entities must comply with national emission standards for hazardous air pollutants by extending compliance deadlines during the period when the regulations are subject to judicial review. The extension period runs from 60 days after a regulation is published in the Federal Register until all legal proceedings and appeals are concluded and the court judgment is final. The bill applies to specific air quality regulations issued in 2015 and any future rules that replace or amend them. The postponement applies to all entities subject to these regulations, including states, local and tribal governments, and private manufacturers.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Sen. Wicker, Roger F. [R-MS] (R-MS)
6 cosponsors
- Sen. Boozman, John [R-AR] (R-AR)
- Sen. Capito, Shelley Moore [R-WV] (R-WV)
- Sen. Cotton, Tom [R-AR] (R-AR)
- Sen. Inhofe, James M. [R-OK] (R-OK)
- Sen. Kennedy, John [R-LA] (R-LA)
- Sen. Strange, Luther [R-AL] (R-AL)
Actions (3)
- Nov 14, 2017 Committee on Environment and Public Works Senate Subcommittee on Clean Air and Nuclear Safety. Hearings held. With printed Hearing: S.Hrg. 115-127. · senate
- Apr 5, 2017 Read twice and referred to the Committee on Environment and Public Works. · senate
- Apr 5, 2017 Introduced in Senate
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Full text
IN THE SENATE OF THE UNITED STATES
April 5 (legislative day, April 4), 2017
Mr. Wicker (for himself, Mrs. Capito, and Mr. Inhofe) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
A BILL
To allow for judicial review of any final rule addressing national emission standards for hazardous air pollutants for brick and structural clay products or for clay ceramics manufacturing before requiring compliance with such rule.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Blocking Regulatory Interference from Closing Kilns Act of 2017”.
SEC. 2. EXTENDING COMPLIANCE DATES (PENDING JUDICIAL REVIEW) OF RULES ADDRESSING NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR BRICK AND STRUCTURAL CLAY PRODUCTS MANUFACTURING OR CLAY CERAMICS MANUFACTURING.
(a) Extension of Compliance Dates.—
(1) Extension.—Each compliance date of any final rule described in subsection (b) is deemed to be extended by the time period equal to the time period described in subsection
(c).
(2) Definition.—In this subsection, the term “compliance date” means, with respect to any requirement of a final rule described in subsection (b), the date by which any State, local, or tribal government or other person is first required to comply.
(b) Final Rules Described.—A final rule described in this subsection is any final rule to address national emission standards for hazardous air pollutants (NESHAP) for brick and structural clay products manufacturing or clay ceramics manufacturing under section 112 of the Clean Air Act (42 U.S.C. 7412), including—
(1) the final rule entitled “NESHAP for Brick and Structural Clay Products Manufacturing; and NESHAP for Clay Ceramics Manufacturing” published at 80 Fed. Reg. 65469 (October 26, 2015);
(2) the final rule entitled “NESHAP for Brick and Structural Clay Products Manufacturing; and NESHAP for Clay Ceramics Manufacturing: Correction” published at 80 Fed. Reg. 75817 (December 4, 2015); and
(3) any final rule that succeeds or amends the rule described in paragraph (1) or (2).
(c) Period Described.—The time period described in this subsection is the period of days that—
(1) begins on the date that is 60 days after the day on which notice of promulgation of a final rule described in subsection (b) appears in the Federal Register; and
(2) ends on the date on which judgment becomes final, and no longer subject to further appeal or review, in all actions (including actions that are filed pursuant to section 307 of the Clean Air Act (42 U.S.C. 7607))—
(A) that are filed during the 60 days described in paragraph (1); and
(B) that seek review of any aspect of such rule. <all>
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