IIB 

115TH CONGRESS 

2D SESSION H. R. 1917 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2018 

Received; read twice and referred to the Committee on Environment and 

Public Works 

AN ACT 

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, 


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HR 1917 RFS 

1 SECTION 1. SHORT TITLE. 

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

3 Interference from Closing Kilns Act of 2017’’. 

4 SEC. 2. EXTENDING COMPLIANCE DATES (PENDING JUDI5 CIAL REVIEW) OF RULES ADDRESSING NA6 TIONAL EMISSION STANDARDS FOR HAZ7 ARDOUS AIR POLLUTANTS FOR BRICK AND 

8 STRUCTURAL CLAY PRODUCTS MANUFAC9 TURING OR CLAY CERAMICS MANUFAC10 TURING. 

11 (a) EXTENSION OF COMPLIANCE DATES.— 

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

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

14 extended by the time period equal to the time period 

15 described in subsection (c). 

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

17 ‘‘compliance date’’ means, with respect to any re18 quirement of a final rule described in subsection (b), 

19 the date by which any State, local, or tribal govern20 ment or other person is first required to comply. 

21 (b) FINAL RULES DESCRIBED.—A final rule de22 scribed in this subsection is any final rule to address na23 tional emission standards for hazardous air pollutants 

24 (NESHAP) for brick and structural clay products manu25 facturing or clay ceramics manufacturing under section 

26 112 of the Clean Air Act (42 U.S.C. 7412), including— 


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HR 1917 RFS 

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

2 and Structural Clay Products Manufacturing; and 

3 NESHAP for Clay Ceramics Manufacturing’’ pub4 lished at 80 Fed. Reg. 65469 (October 26, 2015); 

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

6 and Structural Clay Products Manufacturing; and 

7 NESHAP for Clay Ceramics Manufacturing: Correc8 tion’’ published at 80 Fed. Reg. 75817 (December 

9 4, 2015); and 

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

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

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

13 in this subsection is the period of days that— 

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

15 day on which notice of promulgation of a final rule 

16 described in subsection (b) appears in the Federal 

17 Register; and 

18 (2) ends on the date on which judgment be19 comes final, and no longer subject to further appeal 

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

21 filed pursuant to section 307 of the Clean Air Act 

22 (42 U.S.C. 7607))— 

23 (A) that are filed during the 60 days de24 scribed in paragraph (1); and 


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HR 1917 RFS 

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

2 rule. 

3 SEC. 3. STEP 2 COMPLIANCE DATE FOR STANDARDS OF 

4 PERFORMANCE FOR NEW RESIDENTIAL 

5 WOOD HEATERS, NEW RESIDENTIAL 

6 HYDRONIC HEATERS, AND FORCED-AIR FUR7 NACES. 

8 (a) IN GENERAL.—The Step 2 compliance date (as 

9 such term is used in the final rule entitled ‘‘Standards 

10 of Performance for New Residential Wood Heaters, New 

11 Residential Hydronic Heaters and Forced-Air Furnaces’’ 

12 published at 80 Fed. Reg. 13672 (March 16, 2015)) is 

13 deemed to be May 15, 2023. 

14 (b) CONFORMING CHANGES.—Not later than 60 days 

15 after the date of enactment of this Act, the Administrator 

16 of the Environmental Protection Agency shall make such 

17 technical and conforming changes to rules and guidance 

18 documents as may be necessary to implement subsection 

19 (a). 

Passed the House of Representatives March 7, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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