[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1633 Reported in House (RH)]

                                                 Union Calendar No. 215
112th CONGRESS
  1st Session
                                H. R. 1633

                          [Report No. 112-316]

  To establish a temporary prohibition against revising any national 
 ambient air quality standard applicable to coarse particulate matter, 
  to limit Federal regulation of nuisance dust in areas in which such 
  dust is regulated under State, tribal, or local law, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2011

    Mrs. Noem (for herself, Mr. Hurt, Mr. Boswell, and Mr. Kissell) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

                            December 6, 2011

Additional sponsors: Mr. Long, Mr. Simpson, Mr. McClintock, Mr. Graves 
  of Missouri, Mr. Poe of Texas, Mr. Burton of Indiana, Mr. Smith of 
Nebraska, Mr. Lamborn, Mr. Jones, Mr. Herger, Mr. Goodlatte, Mr. Austin 
  Scott of Georgia, Mrs. Myrick, Mr. Bishop of Utah, Ms. Jenkins, Mr. 
Fincher, Mr. Ribble, Mrs. McMorris Rodgers, Mr. McKinley, Mr. Conaway, 
    Mr. Flores, Mr. Neugebauer, Mr. Paul, Mr. Pearce, Mr. Cole, Mr. 
   Sensenbrenner, Mr. King of Iowa, Mr. Crawford, Mr. Huelskamp, Mr. 
   Latta, Mr. Denham, Mr. Canseco, Mr. Fleischmann, Mr. Forbes, Mrs. 
  Lummis, Mr. Walsh of Illinois, Mr. Olson, Mr. Pitts, Mr. Barton of 
Texas, Mr. Gohmert, Mr. Chaffetz, Mr. Manzullo, Mr. Bachus, Mr. Johnson 
of Illinois, Mr. Walden, Mr. Brady of Texas, Mr. Sam Johnson of Texas, 
   Mr. Lucas, Mr. Schock, Mr. Lankford, Mr. Labrador, Mr. Gibbs, Mr. 
Pompeo, Mr. Johnson of Ohio, Mr. Nunnelee, Mrs. Hartzler, Mr. Wittman, 
   Mr. Huizenga of Michigan, Mr. Franks of Arizona, Mr. Guthrie, Mr. 
   Latham, Mr. Schilling, Mr. Womack, Mr. Flake, Mrs. Bachmann, Mr. 
Kingston, Mr. Smith of Texas, Mr. Hensarling, Mr. DesJarlais, Mr. Berg, 
  Mr. Tipton, Mr. Hall, Mrs. Emerson, Mr. Kline, Mr. Duncan of South 
Carolina, Mr. Carter, Mrs. Miller of Michigan, Mr. Yoder, Mr. Rehberg, 
 Mr. Bucshon, Mr. Gosar, Mr. Boren, Mrs. Black, Mr. Rogers of Alabama, 
Mr. Stivers, Mr. Calvert, Mr. Luetkemeyer, Mr. Paulsen, Mr. Griffin of 
  Arkansas, Mrs. Capito, Mr. Hastings of Washington, Mr. Stearns, Mr. 
Hultgren, Mrs. Schmidt, Mr. Thompson of Pennsylvania, Mr. Gardner, Mr. 
Schweikert, Mr. Rigell, Mr. Ross of Arkansas, Mr. Rooney, Mr. Shimkus, 
 Mr. Kinzinger of Illinois, Mr. McIntyre, Mr. Fortenberry, Mr. Terry, 
Mr. McCaul, Mr. Farenthold, Mr. Cassidy, Mr. Rokita, Mr. Sullivan, Mr. 
 Gibson, Mr. Akin, Mr. Broun of Georgia, Mr. Thornberry, Mr. Austria, 
               Mr. Southerland, Mr. Harper, and Mr. Pence

                            December 6, 2011

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To establish a temporary prohibition against revising any national 
 ambient air quality standard applicable to coarse particulate matter, 
  to limit Federal regulation of nuisance dust in areas in which such 
  dust is regulated under State, tribal, or local law, and for other 
                               purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Farm Dust Regulation 
Prevention Act of 2011''.</DELETED>

<DELETED>SEC. 2. TEMPORARY PROHIBITION AGAINST REVISING ANY NATIONAL 
              AMBIENT AIR QUALITY STANDARD APPLICABLE TO COARSE 
              PARTICULATE MATTER.</DELETED>

<DELETED>    Before the date that is one year after the date of the 
enactment of this Act, the Administrator of the Environmental 
Protection Agency may not propose, finalize, implement, or enforce any 
regulation revising the national primary ambient air quality standard 
or the national secondary ambient air quality standard applicable to 
particulate matter with an aerodynamic diameter greater than 2.5 
micrometers under section 109 of the Clean Air Act (42 U.S.C. 
7409).</DELETED>

<DELETED>SEC. 3. NUISANCE DUST.</DELETED>

<DELETED>    Part A of title I of the Clean Air Act (42 U.S.C. 7401 et 
seq.) is amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 132. REGULATION OF NUISANCE DUST PRIMARILY BY STATE, 
              TRIBAL, AND LOCAL GOVERNMENTS.</DELETED>

<DELETED>    ``(a) In General.--Except as provided in subsection (b), 
this Act does not apply to, and references in this Act to particulate 
matter are deemed to exclude, nuisance dust.</DELETED>
<DELETED>    ``(b) Exception.--Subsection (a) does not apply with 
respect to any geographic area in which nuisance dust is not regulated 
under State, tribal, or local law insofar as the Administrator finds 
that--</DELETED>
        <DELETED>    ``(1) nuisance dust (or any subcategory of 
        nuisance dust) causes substantial adverse public health and 
        welfare effects at ambient concentrations; and</DELETED>
        <DELETED>    ``(2) the benefits of applying standards and other 
        requirements of this Act to nuisance dust (or such subcategory 
        of nuisance dust) outweigh the costs (including local and 
        regional economic and employment impacts) of applying such 
        standards and other requirements to nuisance dust (or such 
        subcategory).</DELETED>
<DELETED>    ``(c) Definition.--In this section, the term `nuisance 
dust' means particulate matter--</DELETED>
        <DELETED>    ``(1) generated from natural sources, unpaved 
        roads, agricultural activities, earth moving, or other 
        activities typically conducted in rural areas; or</DELETED>
        <DELETED>    ``(2) consisting primarily of soil, other natural 
        or biological materials, windblown dust, or some combination 
        thereof.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Farm Dust Regulation Prevention Act 
of 2011''.

SEC. 2. TEMPORARY PROHIBITION AGAINST REVISING ANY NATIONAL AMBIENT AIR 
              QUALITY STANDARD APPLICABLE TO COARSE PARTICULATE MATTER.

    Before the date that is one year after the date of the enactment of 
this Act, the Administrator of the Environmental Protection Agency may 
not propose, finalize, implement, or enforce any regulation revising 
the national primary ambient air quality standard or the national 
secondary ambient air quality standard applicable to particulate matter 
with an aerodynamic diameter greater than 2.5 micrometers under section 
109 of the Clean Air Act (42 U.S.C. 7409).

SEC. 3. NUISANCE DUST.

    Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is 
amended by adding at the end the following:

``SEC. 132. REGULATION OF NUISANCE DUST PRIMARILY BY STATE, TRIBAL, AND 
              LOCAL GOVERNMENTS.

    ``(a) In General.--Except as provided in subsection (b), this Act 
does not apply to, and references in this Act to particulate matter are 
deemed to exclude, nuisance dust.
    ``(b) Exception.--Subsection (a) does not apply with respect to any 
geographic area in which nuisance dust is not regulated under State, 
tribal, or local law insofar as the Administrator finds that--
            ``(1) nuisance dust (or any subcategory of nuisance dust) 
        causes substantial adverse public health and welfare effects at 
        ambient concentrations; and
            ``(2) the benefits of applying standards and other 
        requirements of this Act to nuisance dust (or such subcategory 
        of nuisance dust) outweigh the costs (including local and 
        regional economic and employment impacts) of applying such 
        standards and other requirements to nuisance dust (or such 
        subcategory).
    ``(c) Definition.--In this section--
            ``(1) the term `nuisance dust' means particulate matter 
        that--
                    ``(A) is generated primarily from natural sources, 
                unpaved roads, agricultural activities, earth moving, 
                or other activities typically conducted in rural areas;
                    ``(B) consists primarily of soil, other natural or 
                biological materials, or some combination thereof;
                    ``(C) is not emitted directly into the ambient air 
                from combustion, such as exhaust from combustion 
                engines and emissions from stationary combustion 
                processes; and
                    ``(D) is not comprised of residuals from the 
                combustion of coal; and
            ``(2) the term `nuisance dust' does not include radioactive 
        particulate matter produced from uranium mining or 
        processing.''.
                                                 Union Calendar No. 215

112th CONGRESS

  1st Session

                               H. R. 1633

                          [Report No. 112-316]

_______________________________________________________________________

                                 A BILL

  To establish a temporary prohibition against revising any national 
 ambient air quality standard applicable to coarse particulate matter, 
  to limit Federal regulation of nuisance dust in areas in which such 
  dust is regulated under State, tribal, or local law, and for other 
                               purposes.

_______________________________________________________________________

                            December 6, 2011

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed