II 

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 and Mr. DONNELLY) 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 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. 

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 2018’’. 


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1 SEC. 2. EXTENSION OF EXISTING SOURCE COMPLIANCE 

2 DATES FOR CERTAIN FINAL RULES RELAT3 ING TO BRICK AND STRUCTURAL CLAY PROD4 UCTS AND CLAY CERAMICS MANUFAC5 TURING. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ACTION.— 

8 (A) IN GENERAL.—The term ‘‘action’’ 

9 means any action relating to a final rule that— 

10 (i) seeks judicial review of any aspect 

11 of the final rule; and 

12 (ii) is filed during the 60-day period 

13 beginning on the date on which notice of 

14 issuance of the final rule was published in 

15 the Federal Register. 

16 (B) INCLUSION.—The term ‘‘action’’ in17 cludes an action described in subparagraph (A) 

18 that is filed pursuant to section 307 of the 

19 Clean Air Act (42 U.S.C. 7607). 

20 (2) CONTESTED FINAL RULE.—The term ‘‘con21 tested final rule’’ means a final rule subject to judi22 cial appeal or review on December 26, 2017. 

23 (3) EXISTING SOURCE COMPLIANCE DATE.— 

24 The term ‘‘existing source compliance date’’, with 

25 respect to a final rule, means the date by which an 

26 existing source (within the meaning of the final rule 


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1 described in paragraph (4)(A)) (including such an 

2 existing source that is a unit of State, Tribal, or 

3 local government) is first required to comply with 

4 any requirement of the final rule. 

5 (4) FINAL RULE.—The term ‘‘final rule’’ 

6 means— 

7 (A) the final rule of the Environmental 

8 Protection Agency entitled ‘‘NESHAP for 

9 Brick and Structural Clay Products Manufac10 turing; and NESHAP for Clay Ceramics Manu11 facturing’’ (80 Fed. Reg. 65470 (October 26, 

12 2015)); and 

13 (B) the final rule of the Environmental 

14 Protection Agency entitled ‘‘NESHAP for 

15 Brick and Structural Clay Products Manufac16 turing; and NESHAP for Clay Ceramics Manu17 facturing: Correction’’ (80 Fed. Reg. 75817 

18 (December 4, 2015)). 

19 (b) EXTENSION OF EXISTING SOURCE COMPLIANCE

20 DATES FOR CONTESTED FINAL RULES.—The existing 

21 source compliance date for a contested final rule shall be 

22 extended until the earlier of— 

23 (1) the date that is 2 years after the date on 

24 which judgment becomes final, and no longer subject 


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1 to further appeal or review, in all actions relating to 

2 the contested final rule; and 

3 (2) December 26, 2020. 

4 (c) REGULATIONS.—In the case of a judgment en5 tered against the Environmental Protection Agency relat6 ing to a contested final rule, the Administrator shall final7 ize, by not later than 1 year after the date on which the 

8 judicial review or appeal of the judgment concludes, new 

9 regulations under section 112 of the Clean Air Act (42 

10 U.S.C. 7412) with respect to national emissions standards 

11 for hazardous air pollutants for brick and structural clay 

12 products manufacturing and clay ceramics manufacturing. 

Æ 


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