Should EPA Kiln Emissions Rules be Blocked Until Judicial Reviews are Completed? (H.R. 4557)

What is H.R. 4557?

(Updated August 1, 2017)

This bill would prohibit the Environmental Protection Agency (EPA) from enforcing Clean Air Act rules related to national emission standards for manufacturers of clay structural or ceramic products until judicial reviews of the rules are complete. The rules in question put in place national emission standards for hazardous air pollutants (NESHAP) for brick, structural clay, and ceramic products manufactured in kilns and requires manufacturers to reduce emissions of those pollutants.

Under this legislation, manufacturers would not need to comply with the rule until a specified period of time after a judgment becomes final and is no longer subject to further appeal or review. That also applies to all legal actions filed during the 60 days after the final rule is published in the Federal Register.

Argument in favor

The EPA’s kiln emissions rules shouldn’t be enforced until ongoing judicial reviews are completed, otherwise businesses may be forced to comply with a rule that is later invalidated.

Argument opposed

Harmful emissions of air pollutants from kilns need to be stopped as soon as possible, even if that means enforcement actions are taken before the judicial reviews are completed.

Impact

Manufacturers that use kilns to make brick, structural clay, and ceramic products; those involved with the judicial reviews of the EPA rules; and the EPA.

Cost of H.R. 4557

The CBO estimates that implementing this bill would not have a significant impact on the EPA’s workload or spending.

Additional Info

In-Depth: Sponsoring Rep. Bill Johnson (R-OH) introduced this legislation to protect brick and ceramic product manufacturers from EPA rules that he believes would force the manufacturers out of business:

“The majority of U.S. brick plants are small, family-owned operations, often located in small communities that depend on the plant for good-paying jobs. However, in order to comply with these new EPA requirements, many brick companies — who are already struggling to find capital for plant modernization projects — would be forced to come up with millions of dollars to pay for control equipment that provides no return on investment.”

This legislation was passed by the House Energy and Commerce Committee on a 28-22 vote. It currently enjoys the support of seven bipartisan cosponsors in the House — including two Democrats and five Republicans.

Media:

• Sponsoring Rep. Bill Johnson (R-OH) Press Release
• House Energy and Commerce Committee Press Release
• CBO Cost Estimate