[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2461 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 577
115th CONGRESS
  2d Session
                                S. 2461

    To allow for judicial review of certain final rules relating to 
national emission standards for hazardous air pollutants for brick and 
  structural clay products or for clay ceramics manufacturing before 
        requiring compliance with the rules by existing sources.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2018

Mr. Wicker (for himself, Mr. Donnelly, Mr. Manchin, Ms. Heitkamp, Mrs. 
 Capito, and Mr. Inhofe) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

                           September 18, 2018

              Reported by Mr. Barrasso, without amendment

_______________________________________________________________________

                                 A BILL


 
    To allow for judicial review of certain final rules relating to 
national emission standards for hazardous air pollutants for brick and 
  structural clay products or for clay ceramics manufacturing before 
        requiring compliance with the rules by existing sources.

    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 2018''.

SEC. 2. EXTENSION OF EXISTING SOURCE COMPLIANCE DATES FOR CERTAIN FINAL 
              RULES RELATING TO BRICK AND STRUCTURAL CLAY PRODUCTS AND 
              CLAY CERAMICS MANUFACTURING.

    (a) Definitions.--In this section:
            (1) Action.--
                    (A) In general.--The term ``action'' means any 
                action relating to a final rule that--
                            (i) seeks judicial review of any aspect of 
                        the final rule; and
                            (ii) is filed during the 60-day period 
                        beginning on the date on which notice of 
                        issuance of the final rule was published in the 
                        Federal Register.
                    (B) Inclusion.--The term ``action'' includes an 
                action described in subparagraph (A) that is filed 
                pursuant to section 307 of the Clean Air Act (42 U.S.C. 
                7607).
            (2) Contested final rule.--The term ``contested final 
        rule'' means a final rule subject to judicial appeal or review 
        on December 26, 2017.
            (3) Existing source compliance date.--The term ``existing 
        source compliance date'', with respect to a final rule, means 
        the date by which an existing source (within the meaning of the 
        final rule described in paragraph (4)(A)) (including such an 
        existing source that is a unit of State, Tribal, or local 
        government) is first required to comply with any requirement of 
        the final rule.
            (4) Final rule.--The term ``final rule'' means--
                    (A) the final rule of the Environmental Protection 
                Agency entitled ``NESHAP for Brick and Structural Clay 
                Products Manufacturing; and NESHAP for Clay Ceramics 
                Manufacturing'' (80 Fed. Reg. 65470 (October 26, 
                2015)); and
                    (B) the final rule of the Environmental Protection 
                Agency entitled ``NESHAP for Brick and Structural Clay 
                Products Manufacturing; and NESHAP for Clay Ceramics 
                Manufacturing: Correction'' (80 Fed. Reg. 75817 
                (December 4, 2015)).
    (b) Extension of Existing Source Compliance Dates for Contested 
Final Rules.--The existing source compliance date for a contested final 
rule shall be extended until the earlier of--
            (1) the date that is 2 years after the date on which 
        judgment becomes final, and no longer subject to further appeal 
        or review, in all actions relating to the contested final rule; 
        and
            (2) December 26, 2020.
    (c) Regulations.--In the case of a judgment entered against the 
Environmental Protection Agency relating to a contested final rule, the 
Administrator shall finalize, by not later than 1 year after the date 
on which the judicial review or appeal of the judgment concludes, new 
regulations under section 112 of the Clean Air Act (42 U.S.C. 7412) 
with respect to national emissions standards for hazardous air 
pollutants for brick and structural clay products manufacturing and 
clay ceramics manufacturing.
                                                       Calendar No. 577

115th CONGRESS

  2d Session

                                S. 2461

_______________________________________________________________________

                                 A BILL

    To allow for judicial review of certain final rules relating to 
national emission standards for hazardous air pollutants for brick and 
  structural clay products or for clay ceramics manufacturing before 
        requiring compliance with the rules by existing sources.

_______________________________________________________________________

                           September 18, 2018

                       Reported without amendment