S. 839 – Blocking Regulatory Interference from Closing Kilns Act of 2017

AI-Generated Summary

Updated April 15, 2026 at 2:42 PM UTC

The bill lets courts review any final EPA rule that sets national emission standards for hazardous air pollutants for brick, structural clay, and clay ceramics manufacturing before those rules become enforceable. It extends the compliance dates for affected parties until the court’s decision is final, affecting manufacturers of brick and clay products and the state, local, and tribal governments that must enforce the standards.

Key Provisions

Extends each compliance date for the specified NESHAP rules by the time it takes for a court case to be resolved, starting 60 days after the rule is published in the Federal Register.
Applies to final rules that set national emission standards for hazardous air pollutants for brick and structural clay products or clay ceramics, including the 2015 rules and any successors or amendments.
The extension period runs from 60 days after the rule’s notice until the court’s judgment becomes final and is no longer subject to appeal.
Defines “compliance date” as the first date a state, local, tribal government, or other person must comply with the rule.

Legislative Activity

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2 earlier actions

SenateCommittee Latest Action

Committee on Environment and Public Works Senate Subcommittee on Clean Air and Nuclear Safety. Hearings held. With printed Hearing: S.Hrg. 115-127.

Clean Air, Climate, and Nuclear Innovation and Safety Subcommittee Subcommittee

November 14, 2017

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SenateIntro Referral

Introduced in Senate

April 5, 2017

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works.

Environment and Public Works Committee

April 5, 2017

SenateCommittee

Committee on Environment and Public Works Senate Subcommittee on Clean Air and Nuclear Safety. Hearings held. With printed Hearing: S.Hrg. 115-127.

Clean Air, Climate, and Nuclear Innovation and Safety Subcommittee Subcommittee

November 14, 2017

Floor Debate

2 members

What members said about S. 839 on the floor

2 Republicans

Sen. Roy BluntR-MO · Nov 14, 2017

Mr. President, I have 10 requests for committees to meet during today's session of the Senate. They have the approval of the Majority and Minority leaders. Pursuant to rule XXVI, paragraph 5(a), of…

Mr. President, I have 10 requests for committees to meet during today's session of the Senate. They have the approval of the Majority and Minority leaders.

Pursuant to rule XXVI, paragraph 5(a), of the Standing Rules of the Senate, the following committees are authorized to meet during today's session of the Senate:

Committee on Armed Services

The Committee on Armed Services is authorized to meet during the session of the Senate on Tuesday, November 14, 2017, at 10 a.m. to conduct hearing on the following nominations: Anthony Kurta, of Montana, to be a Principal Deputy Under Secretary, and James E. McPherson, of Virginia, to be General Counsel of the Department of the Army, both of the Department of Defense, and Gregory E. Maggs, of Virginia, to be a Judge of the United States Court of Appeals for the Armed Forces.

Committee on Energy and Natural Resources

The Committee on Energy and Natural Resources is authorized to meet during the session of the Senate on Tuesday, November 14, 2017, at 9:30 a.m., in SD-366 to conduct a hearing.

Committee on Finance

The Committee on Finance is authorized to meet during the session of the Senate on Tuesday, November 14, 2017, at 9 a.m., in SH-216 to conduct hearing on the bill entitled ``Tax Cuts and Jobs Act.''

Committee on Health, Education, Labor, and Pensions

The Committee on Health, Education, Labor, and Pensions is authorized to meet during the session of the Senate on Tuesday, November 14, 2017, at 10 a.m., in SD-430 to conduct hearing entitled ``Gene Editing Technology: Innovation and Impact''.

Committee on Foreign Relations

The Committee on Foreign Relations is authorized to meet during the session of the Senate on Tuesday, November 14, 2017, at 10 a.m. to conduct a hearing on S. 1928 and the following nominations: of Eric M. Ueland, of Oregon, to be an Under Secretary (Management), Lisa A. Johnson, of Washington, to be Ambassador to the Republic of Namibia, Sean P. Lawler, of Maryland, to be Chief of Protocol, and to have the rank of Ambassador during his tenure of service, Irwin Steven Goldstein, of New York, to be Under Secretary for Public Diplomacy, Rebecca Eliza Gonzales, of Texas, to be Ambassador to the Kingdom of Lesotho, and routine lists in the Foreign Service, all of the Department of State.

Committee on Foreign Relations

The Committee on Foreign Relations is authorized to meet during the session of the Senate on Tuesday, November 14, 2017, at 10 a.m. to conduct a hearing on the President's Nuclear Authorities.

Select Committee on Intelligence

The Select Committee on Intelligence is authorized to meet during the session of the Senate on Tuesday, November 14, 2017, at 2:30 p.m., in SH-219 to conduct a closed hearing.

Subcommittee on Consumer Protection, Product Safety, Insurance, and

Data Security

The Subcommittee on Consumer Protection, Product Safety, Insurance, and Data Security of the Committee on Commerce, Science, and Transportation is authorized to meet during the session of the Senate on Tuesday, November 14, 2017, at 2:30 p.m., in SR-253 to conduct a hearing entitled ``Technology in Agriculture: Data-Driven Farming''.

Subcommittee on East Asia, the Pacific, and International Cybersecurity

Policy

The Subcommittee on East Asia, the Pacific, and International Cybersecurity Policy of the Committee on Foreign Relations is authorized to meet during the session of the Senate on Tuesday, November 14, 2017, at 2:30 p.m. to hold a hearing entitled ``American Leadership in the Asia-Pacific, Part 4: View from Beijing.''

Subcommittee on Clean Air and Nuclear Safety

The Subcommittee on Clean Air and Nuclear Safety of the Committee on Environment and Public Works is authorized to meet during the session of the Senate on Tuesday, November 14, 2017, at 10 a.m., in SD-406 to conduct hearing on the following legislation: S. 1857, to establish a compliance deadline of May 15, 2023, for Step 2 emissions standards for new residential wood heaters, new residential hydronic heaters, and forced-air furnaces, S. 203, to reaffirm that the Environmental Protection Agency may not regulate vehicles used solely for competition, S. 839, 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, and S. 1934, to prevent catastrophic failure or shutdown of remote diesel power engines due to emission control devices.

Sen. John CornynR-TX · Nov 14, 2017

Mr. President, I have one request for a committee to meet during today's session of the Senate. It has the approval of the Majority and Minority leaders. Pursuant to rule XXVI, paragraph 5(a), of the…

Bill Text

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Introduced in SenateIssued April 5, 2017

II

115th CONGRESS

1st Session

S. 839

IN THE SENATE OF THE UNITED STATES

April 5 (legislative day, April 4), 2017

Mr. Wicker (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.