II 

115TH CONGRESS 

1ST SESSION S. 839 

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. 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Blocking Regulatory 

5 Interference from Closing Kilns Act of 2017’’. 


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•S 839 IS

1 SEC. 2. EXTENDING COMPLIANCE DATES (PENDING JUDI2 CIAL REVIEW) OF RULES ADDRESSING NA3 TIONAL EMISSION STANDARDS FOR HAZ4 ARDOUS AIR POLLUTANTS FOR BRICK AND 

5 STRUCTURAL CLAY PRODUCTS MANUFAC6 TURING OR CLAY CERAMICS MANUFAC7 TURING. 

8 (a) EXTENSION OF COMPLIANCE DATES.— 

9 (1) EXTENSION.—Each compliance date of any 

10 final rule described in subsection (b) is deemed to be 

11 extended by the time period equal to the time period 

12 described in subsection (c). 

13 (2) DEFINITION.—In this subsection, the term 

14 ‘‘compliance date’’ means, with respect to any re15 quirement of a final rule described in subsection (b), 

16 the date by which any State, local, or tribal govern17 ment or other person is first required to comply. 

18 (b) FINAL RULES DESCRIBED.—A final rule de19 scribed in this subsection is any final rule to address na20 tional emission standards for hazardous air pollutants 

21 (NESHAP) for brick and structural clay products manu22 facturing or clay ceramics manufacturing under section 

23 112 of the Clean Air Act (42 U.S.C. 7412), including— 

24 (1) the final rule entitled ‘‘NESHAP for Brick 

25 and Structural Clay Products Manufacturing; and 


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•S 839 IS

1 NESHAP for Clay Ceramics Manufacturing’’ pub2 lished at 80 Fed. Reg. 65469 (October 26, 2015); 

3 (2) the final rule entitled ‘‘NESHAP for Brick 

4 and Structural Clay Products Manufacturing; and 

5 NESHAP for Clay Ceramics Manufacturing: Correc6 tion’’ published at 80 Fed. Reg. 75817 (December 

7 4, 2015); and 

8 (3) any final rule that succeeds or amends the 

9 rule described in paragraph (1) or (2). 

10 (c) PERIOD DESCRIBED.—The time period described 

11 in this subsection is the period of days that— 

12 (1) begins on the date that is 60 days after the 

13 day on which notice of promulgation of a final rule 

14 described in subsection (b) appears in the Federal 

15 Register; and 

16 (2) ends on the date on which judgment be17 comes final, and no longer subject to further appeal 

18 or review, in all actions (including actions that are 

19 filed pursuant to section 307 of the Clean Air Act 

20 (42 U.S.C. 7607))— 

21 (A) that are filed during the 60 days de22 scribed in paragraph (1); and 

23 (B) that seek review of any aspect of such 

24 rule. 

Æ 


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