U.S. CONGRESSMAN BILL JOHNSON Proudly Representing Eastern and Southeastern Ohio

E&E News
By Sean Reilly 
Published February 12, 2016

Rep. Bill Johnson (R-Ohio), joined by a bipartisan group of four co-sponsors, today introduced a bill to delay enforcement of new U.S. EPA emissions standards on brick and clay ceramics manufacturers.

The "Blocking Regulatory Interference From Closing Kilns (BRICK) Act of 2016," H.R. 4557, would push back compliance with the new regulations until all lawsuits have been decided. Both industry organizations and environmental groups are challenging the rules with the U.S. Court of Appeals for the District of Columbia Circuit.

Based on the court's handling of a previous round of litigation almost a decade ago, a ruling could be more than a year off.

In that previous case, the court struck down an earlier set of emissions standards on brick and ceramics makers. Johnson has said his bill would shield manufacturers -- many of them small, family-owned businesses -- from spending more money on compliance before knowing whether the latest regulations will survive.

Although the Obama administration has not taken a formal position on the legislation, acting EPA air chief Janet McCabe said in a statement last week that it would lead to more air pollution and provide an incentive to drag out litigation. A draft version of the measure won approval yesterday from a House Energy and Commerce subcommittee. The full committee has not yet set a date for a vote on advancing it to the House.

According to Johnson's office, the four original co-sponsors are Reps. Sanford Bishop (D-Ga.), Martha Roby (R-Ala.), Terri Sewell (D-Ala.) and John Shimkus (R-Ill.).