II 

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. 

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


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•S 2461 RS

1 SECTION 1. SHORT TITLE. 

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

3 Interference from Closing Kilns Act of 2018’’. 

4 SEC. 2. EXTENSION OF EXISTING SOURCE COMPLIANCE 

5 DATES FOR CERTAIN FINAL RULES RELAT6 ING TO BRICK AND STRUCTURAL CLAY PROD7 UCTS AND CLAY CERAMICS MANUFAC8 TURING. 

9 (a) DEFINITIONS.—In this section: 

10 (1) ACTION.— 

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

12 means any action relating to a final rule that— 

13 (i) seeks judicial review of any aspect 

14 of the final rule; and 

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

16 beginning on the date on which notice of 

17 issuance of the final rule was published in 

18 the Federal Register. 

19 (B) INCLUSION.—The term ‘‘action’’ in20 cludes an action described in subparagraph (A) 

21 that is filed pursuant to section 307 of the 

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

23 (2) CONTESTED FINAL RULE.—The term ‘‘con24 tested final rule’’ means a final rule subject to judi25 cial appeal or review on December 26, 2017. 


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1 (3) EXISTING SOURCE COMPLIANCE DATE.— 

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

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

4 existing source (within the meaning of the final rule 

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

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

7 local government) is first required to comply with 

8 any requirement of the final rule. 

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

10 means— 

11 (A) the final rule of the Environmental 

12 Protection Agency entitled ‘‘NESHAP for 

13 Brick and Structural Clay Products Manufac14 turing; and NESHAP for Clay Ceramics Manu15 facturing’’ (80 Fed. Reg. 65470 (October 26, 

16 2015)); and 

17 (B) the final rule of the Environmental 

18 Protection Agency entitled ‘‘NESHAP for 

19 Brick and Structural Clay Products Manufac20 turing; and NESHAP for Clay Ceramics Manu21 facturing: Correction’’ (80 Fed. Reg. 75817 

22 (December 4, 2015)). 

23 (b) EXTENSION OF EXISTING SOURCE COMPLIANCE

24 DATES FOR CONTESTED FINAL RULES.—The existing 


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1 source compliance date for a contested final rule shall be 

2 extended until the earlier of— 

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

4 which judgment becomes final, and no longer subject 

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

6 the contested final rule; and 

7 (2) December 26, 2020. 

8 (c) REGULATIONS.—In the case of a judgment en9 tered against the Environmental Protection Agency relat10 ing to a contested final rule, the Administrator shall final11 ize, by not later than 1 year after the date on which the 

12 judicial review or appeal of the judgment concludes, new 

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

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

15 for hazardous air pollutants for brick and structural clay 

16 products manufacturing and clay ceramics manufacturing. 


amozie on DSK3GDR082PROD with BILLS

amozie on DSK3GDR082PROD with BILLS
Calendar No. 577 

115TH CONGRESS 

2D SESSION S. 2461 

A BILL 

To allow for judicial review of certain final rules reisting sources. before requiring compliance with the rules by ex- clay products or for clay ceramics manufacturing ardous air pollutants for brick and structural lating to national emission standards for hazSEPTEMBER 18, 2018 

Reported without amendment 


amozie on DSK3GDR082PROD with BILLS