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S. 839 (115th): Blocking Regulatory Interference from Closing Kilns Act of 2017

The text of the bill below is as of Apr 5, 2017 (Introduced).


II

115th CONGRESS

1st Session

S. 839

IN THE SENATE OF THE UNITED STATES

April 5 (legislative day, April 4), 2017

(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.

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.