Blocking Regulatory Interference from Closing Kilns Act of 2017

Bill: 115-hr-1917
Sponsor: full_name: Rep. Johnson, Bill [R-OH-6]
Introduced: 2017-04-05
Policy area: Environmental Protection
Subjects: Administrative law and regulatory procedures

Air quality

Environmental Protection Agency (EPA)

Environmental regulatory procedures

Hazardous wastes and toxic substances

Judicial review and appeals

Manufacturing
Latest action: action_date: 2018-03-08
text: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

Summaries:
action_date: 2017-04-05
action_desc: Introduced in House
text: <p><b>Blocking Regulatory Interference from Closing Kilns Act of 2017</b></p> <p>This bill prohibits the Environmental Protection Agency from requiring compliance with Clean Air Act rules concerning national emission standards for hazardous air pollutants with respect to brick and structural clay products manufacturing or clay ceramics manufacturing until judicial reviews of the rules are complete.</p>

action_date: 2018-01-10
action_desc: Reported to House without amendment
text: <p>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</p> <p><b>Blocking Regulatory Interference from Closing Kilns Act of 2017</b></p> <p>(Sec. 2) This bill prohibits the Environmental Protection Agency from requiring compliance with Clean Air Act rules concerning national emission standards for hazardous air pollutants with respect to brick and structural clay products manufacturing or clay ceramics manufacturing until judicial reviews of the rules are complete.</p>

action_date: 2018-03-07
action_desc: Passed House amended
text: <p><b>Blocking Regulatory Interference from Closing Kilns Act of 2017</b></p> <p>(Sec. 2) This bill prohibits the Environmental Protection Agency from requiring compliance with Clean Air Act rules concerning national emission standards for hazardous air pollutants with respect to brick and structural clay products manufacturing or clay ceramics manufacturing until judicial reviews of the rules are complete.</p> <p>(Sec. 3) This bill delays by three years the date by which manufacturers, owners, and operators of new residential wood heaters, including residential hydronic heaters (wood-fired boilers) and forced-air furnaces, must comply with emission standards promulgated under the Clean Air Act.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 1917 IN THE HOUSE OF REPRESENTATIVES April 5, 2017 Mr. Johnson of Ohio (for himself, Ms. Sewell of Alabama , Mr. Bishop of Georgia , Mr. Sessions , Mrs. Roby , and Mr. Murphy of Pennsylvania ) introduced the following bill; which was referred to the Committee on Energy and Commerce 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. Short title This Act may be cited as the Blocking Regulatory Interference from Closing Kilns Act of 2017 . 2. Extending compliance dates (pending judicial review) of rules addressing national emission standards for hazardous air pollutants for brick and structural clay products manufacturing or clay ceramics manufacturing (a) Extension of compliance dates (1) Extension Each compliance date of any final rule described in subsection (b) is deemed to be extended by the time period equal to the time period described in subsection (c). (2) Definition In this subsection, the term compliance date means, with respect to any requirement of a final rule described in subsection (b), the date by which any State, local, or tribal government or other person is first required to comply. (b) Final rules described A final rule described in this subsection is any final rule to address national emission standards for hazardous air pollutants (NESHAP) for brick and structural clay products manufacturing or clay ceramics manufacturing under section 112 of the Clean Air Act ( 42 U.S.C. 7412 ), including— (1) the final rule entitled NESHAP for Brick and Structural Clay Products Manufacturing; and NESHAP for Clay Ceramics Manufacturing published at 80 Fed. Reg. 65469 (October 26, 2015); (2) the final rule entitled NESHAP for Brick and Structural Clay Products Manufacturing; and NESHAP for Clay Ceramics Manufacturing: Correction published at 80 Fed. Reg. 75817 (December 4, 2015); and (3) any final rule that succeeds or amends the rule described in paragraph (1) or (2). (c) Period described The time period described in this subsection is the period of days that— (1) begins on the date that is 60 days after the day on which notice of promulgation of a final rule described in subsection (b) appears in the Federal Register; and (2) ends on the date on which judgment becomes final, and no longer subject to further appeal or review, in all actions (including actions that are filed pursuant to section 307 of the Clean Air Act ( 42 U.S.C. 7607 ))— (A) that are filed during the 60 days described in paragraph (1); and (B) that seek review of any aspect of such rule.

tv_txt: IB Union Calendar No. 379 115th CONGRESS 2d Session H. R. 1917 [Report No. 115–509] IN THE HOUSE OF REPRESENTATIVES April 5, 2017 Mr. Johnson of Ohio (for himself, Ms. Sewell of Alabama , Mr. Bishop of Georgia , Mr. Sessions , Mrs. Roby , and Mr. Murphy of Pennsylvania ) introduced the following bill; which was referred to the Committee on Energy and Commerce January 10, 2018 Additional sponsors: Mr. Cramer , Mr. Duncan of South Carolina , and Mr. Barr January 10, 2018 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed 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. Short title This Act may be cited as the Blocking Regulatory Interference from Closing Kilns Act of 2017 . 2. Extending compliance dates (pending judicial review) of rules addressing national emission standards for hazardous air pollutants for brick and structural clay products manufacturing or clay ceramics manufacturing (a) Extension of compliance dates (1) Extension Each compliance date of any final rule described in subsection (b) is deemed to be extended by the time period equal to the time period described in subsection (c). (2) Definition In this subsection, the term compliance date means, with respect to any requirement of a final rule described in subsection (b), the date by which any State, local, or tribal government or other person is first required to comply. (b) Final rules described A final rule described in this subsection is any final rule to address national emission standards for hazardous air pollutants (NESHAP) for brick and structural clay products manufacturing or clay ceramics manufacturing under section 112 of the Clean Air Act ( 42 U.S.C. 7412 ), including— (1) the final rule entitled NESHAP for Brick and Structural Clay Products Manufacturing; and NESHAP for Clay Ceramics Manufacturing published at 80 Fed. Reg. 65469 (October 26, 2015); (2) the final rule entitled NESHAP for Brick and Structural Clay Products Manufacturing; and NESHAP for Clay Ceramics Manufacturing: Correction published at 80 Fed. Reg. 75817 (December 4, 2015); and (3) any final rule that succeeds or amends the rule described in paragraph (1) or (2). (c) Period described The time period described in this subsection is the period of days that— (1) begins on the date that is 60 days after the day on which notice of promulgation of a final rule described in subsection (b) appears in the Federal Register; and (2) ends on the date on which judgment becomes final, and no longer subject to further appeal or review, in all actions (including actions that are filed pursuant to section 307 of the Clean Air Act ( 42 U.S.C. 7607 ))— (A) that are filed during the 60 days described in paragraph (1); and (B) that seek review of any aspect of such rule.

January 10, 2018 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: I 115th CONGRESS 2d Session H. R. 1917 IN THE HOUSE OF REPRESENTATIVES 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. Short title This Act may be cited as the Blocking Regulatory Interference from Closing Kilns Act of 2017 . 2. Extending compliance dates (pending judicial review) of rules addressing national emission standards for hazardous air pollutants for brick and structural clay products manufacturing or clay ceramics manufacturing (a) Extension of compliance dates (1) Extension Each compliance date of any final rule described in subsection (b) is deemed to be extended by the time period equal to the time period described in subsection (c). (2) Definition In this subsection, the term compliance date means, with respect to any requirement of a final rule described in subsection (b), the date by which any State, local, or tribal government or other person is first required to comply. (b) Final rules described A final rule described in this subsection is any final rule to address national emission standards for hazardous air pollutants (NESHAP) for brick and structural clay products manufacturing or clay ceramics manufacturing under section 112 of the Clean Air Act ( 42 U.S.C. 7412 ), including— (1) the final rule entitled NESHAP for Brick and Structural Clay Products Manufacturing; and NESHAP for Clay Ceramics Manufacturing published at 80 Fed. Reg. 65469 (October 26, 2015); (2) the final rule entitled NESHAP for Brick and Structural Clay Products Manufacturing; and NESHAP for Clay Ceramics Manufacturing: Correction published at 80 Fed. Reg. 75817 (December 4, 2015); and (3) any final rule that succeeds or amends the rule described in paragraph (1) or (2). (c) Period described The time period described in this subsection is the period of days that— (1) begins on the date that is 60 days after the day on which notice of promulgation of a final rule described in subsection (b) appears in the Federal Register; and (2) ends on the date on which judgment becomes final, and no longer subject to further appeal or review, in all actions (including actions that are filed pursuant to section 307 of the Clean Air Act ( 42 U.S.C. 7607 ))— (A) that are filed during the 60 days described in paragraph (1); and (B) that seek review of any aspect of such rule. 3. Step 2 compliance date for standards of performance for new residential wood heaters, new residential hydronic heaters, and forced-air furnaces (a) In general The Step 2 compliance date (as such term is used in the final rule entitled Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces published at 80 Fed. Reg. 13672 (March 16, 2015)) is deemed to be May 15, 2023. (b) Conforming changes Not later than 60 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall make such technical and conforming changes to rules and guidance documents as may be necessary to implement subsection (a).

Passed the House of Representatives March 7, 2018. Karen L. Haas, Clerk.

tv_txt: 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. Short title This Act may be cited as the Blocking Regulatory Interference from Closing Kilns Act of 2017 . 2. Extending compliance dates (pending judicial review) of rules addressing national emission standards for hazardous air pollutants for brick and structural clay products manufacturing or clay ceramics manufacturing (a) Extension of compliance dates (1) Extension Each compliance date of any final rule described in subsection (b) is deemed to be extended by the time period equal to the time period described in subsection (c). (2) Definition In this subsection, the term compliance date means, with respect to any requirement of a final rule described in subsection (b), the date by which any State, local, or tribal government or other person is first required to comply. (b) Final rules described A final rule described in this subsection is any final rule to address national emission standards for hazardous air pollutants (NESHAP) for brick and structural clay products manufacturing or clay ceramics manufacturing under section 112 of the Clean Air Act ( 42 U.S.C. 7412 ), including— (1) the final rule entitled NESHAP for Brick and Structural Clay Products Manufacturing; and NESHAP for Clay Ceramics Manufacturing published at 80 Fed. Reg. 65469 (October 26, 2015); (2) the final rule entitled NESHAP for Brick and Structural Clay Products Manufacturing; and NESHAP for Clay Ceramics Manufacturing: Correction published at 80 Fed. Reg. 75817 (December 4, 2015); and (3) any final rule that succeeds or amends the rule described in paragraph (1) or (2). (c) Period described The time period described in this subsection is the period of days that— (1) begins on the date that is 60 days after the day on which notice of promulgation of a final rule described in subsection (b) appears in the Federal Register; and (2) ends on the date on which judgment becomes final, and no longer subject to further appeal or review, in all actions (including actions that are filed pursuant to section 307 of the Clean Air Act ( 42 U.S.C. 7607 ))— (A) that are filed during the 60 days described in paragraph (1); and (B) that seek review of any aspect of such rule. 3. Step 2 compliance date for standards of performance for new residential wood heaters, new residential hydronic heaters, and forced-air furnaces (a) In general The Step 2 compliance date (as such term is used in the final rule entitled Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces published at 80 Fed. Reg. 13672 (March 16, 2015)) is deemed to be May 15, 2023. (b) Conforming changes Not later than 60 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall make such technical and conforming changes to rules and guidance documents as may be necessary to implement subsection (a).

Passed the House of Representatives March 7, 2018. Karen L. Haas, Clerk