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house Bill H.R. 4557

Should EPA Kiln Emissions Rules be Blocked Until Judicial Reviews are Completed?

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.

BTSundra's Opinion
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03/02/2016
The EPA should be abolished and have its power given to the states.
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Gator's Opinion
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03/03/2016
The EPA is a once-useful bureaucracy whose role is no longer protecting the environment but rather enforcing draconian government controls on the free market.
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operaman's Opinion
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03/02/2016
No enforcement until review. Same as not guilty until proved guilty. Seems clear to me.
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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.

SouthernGal's Opinion
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03/03/2016
People before polluters. If they end up doing more than required, that is a good thing for the entire country.
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Steven's Opinion
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03/03/2016
Business is and always has been very amoral. Profit is the bottom line no matter the human cost. The Coal, Tobacco & Alcohol industries are prime examples. So let's not paint them as victims living under EPA tyranny. Regulations are forcing them to reduce the amount of pollution they generate and make a few less dollars. Cry me a river!
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Ian's Opinion
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03/03/2016
Air quality improvement and efforts to minimize our impact on climate change needed to be in place a decade ago.
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What is House Bill H.R. 4557?

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.

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 House Bill H.R. 4557

$0.00
The CBO estimates that implementing this bill would not have a significant impact on the EPA’s workload or spending.

More Information

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:

Summary by Eric Revell
(Photo Credit: Flickr user sludgegulper)

AKA

Blocking Regulatory Interference from Closing Kilns Act of 2016

Official Title

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.

bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
      senate Committees
      Committee on Environment and Public Works
  • The house Passed March 3rd, 2016
    Roll Call Vote 238 Yea / 163 Nay
      house Committees
      Committee on Energy and Commerce
    IntroducedFebruary 12th, 2016

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    The EPA should be abolished and have its power given to the states.
    Like (13)
    Follow
    Share
    People before polluters. If they end up doing more than required, that is a good thing for the entire country.
    Like (25)
    Follow
    Share
    Business is and always has been very amoral. Profit is the bottom line no matter the human cost. The Coal, Tobacco & Alcohol industries are prime examples. So let's not paint them as victims living under EPA tyranny. Regulations are forcing them to reduce the amount of pollution they generate and make a few less dollars. Cry me a river!
    Like (22)
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    Share
    Air quality improvement and efforts to minimize our impact on climate change needed to be in place a decade ago.
    Like (14)
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    The EPA is a once-useful bureaucracy whose role is no longer protecting the environment but rather enforcing draconian government controls on the free market.
    Like (6)
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    That's just not how the government works. If judicial review shows it to be unconstitutional then it will be. For now it's the law. Checks and balances.
    Like (5)
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    When has a business ever cared about anything but the next dollar? Conservatives make them sound like poor little victims of big bad mean government! Please, people, don't pee on my leg & tell me it's raining! If businesses didn't do immense harm, the Gulf wouldn't be full of toxic oil, Love Canal would never have existed & minority communities wouldn't be systematically poisoned. Citizens need protection from the almighty power of the bottomline! Whining doesn't make you a victim. Boo freaking hoo!
    Like (4)
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    Waiting for full judicial review (including possible Supreme Court decision) could take decades. This bill is a disingenuous attempt to kill common sense air quality regulations.
    Like (4)
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    No enforcement until review. Same as not guilty until proved guilty. Seems clear to me.
    Like (4)
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    WTF kind of reasoning is for profit over sustained awareness of a solution for a clean environment??? Who wrote this up???
    Like (3)
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    We can't continue to delay on climate issues.
    Like (3)
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    Harmful emissions must be stopped as soon as possible.
    Like (3)
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    The benefit to the environment and the surrounding population is worth more than the cost to large companies to comply with the regulations.
    Like (3)
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    People's health are at stake. Respiratory issues are increasing among children and people who already have problems are noticing their symptoms getting worse.
    Like (3)
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    Why should or lives and safety be thrown to the wayside because the Congress doing it's best against Obama. Hey Congress, do your job. The EPA has just about been stripped apart
    Like (3)
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    They had heads up while the regulations were cooked in Congress. No more time.
    Like (3)
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    If these companies are worried about there ROI. Think about it as your grandkids will still have a planet to live on. You can't put money over the health of your town. Read the news or just watch it Love Canal, N.Y., Flint, Mich., and a few hundred others because someone wanted to save a buck.
    Like (3)
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    How about instead if abolishing the EPA, we get rid of corporate welfare for big oil?
    Like (2)
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    That should be automatic
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    Through all the Republicans in a smoke filled room for a day and see how they like it.
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