[House Report 112-317]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-317

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  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1633) 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 7, 2011.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Webster, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 487]

    The Committee on Rules, having had under consideration 
House Resolution 487, by a record vote of 7 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1633, the 
Farm Dust Regulation Prevention Act of 2011, under a structured 
rule. The resolution provides one hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Energy and Commerce. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that the amendment in the 
nature of a substitute recommended by the Committee on Energy 
and Commerce now printed in the bill shall be considered as 
original text for the purpose of amendment and shall be 
considered as read. The resolution waives all points of order 
against the committee amendment in the nature of a substitute. 
The resolution makes in order only those amendments printed in 
this report. Each such amendment may be offered only in the 
order printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or the 
Committee of the Whole. The resolution waives all points of 
order against the amendments printed in this report. Finally, 
the resolution provides one motion to recommit with or without 
instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the committee amendment in the nature of a substitute, the 
Committee is not aware of any points of order. The waiver is 
prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 168

    Motion by Ms. Slaughter to report an open rule. Defeated: 
4-6.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Nugent......................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Scott of South Carolina.....................          Nay   Mr. Polis.........................          Yea
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 169

    Motion by Ms. Slaughter to make in order and provide the 
necessary waivers for amendment #4, offered by Rep. Eshoo, 
which would require that if the EPA Administrator and the Clean 
Air Scientific Advisory Committee find that the exemption in 
this bill would increase the incidence of asthma attacks, 
respiratory disease, cardiovascular disease, or premature 
mortality, then the bill's exemption from the Clean Air Act for 
particulate pollution has no effect. Defeated: 4-7.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Nugent......................................          Nay   Mr. Polis.........................          Yea
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 170

    Motion by Mr. Bishop of Utah to report the rule. Adopted: 
7-4.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Bishop of Utah..............................          Yea   Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Nugent......................................          Yea   Mr. Polis.........................          Nay
Mr. Scott of South Carolina.....................          Yea
Mr. Webster.....................................          Yea
Mr. Dreier, Chairman............................          Yea
----------------------------------------------------------------------------------------------------------------

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Rush (IL): Would clarify that nothing in the bill 
precludes the EPA Administrator from enforcing National Ambient 
Air Quality Standards (NAAQS) for PM2.5 and would 
delete section 3, which allows the EPA to regulate ``nuisance 
dust'' in areas where states and localities do not do so if it 
substantially hurts public health and if the benefits of 
applying standards would outweigh the costs. (10 minutes)
    2. Christensen (VI): Would allow the EPA the authority 
under the Clean Air Act to step in and take action to reduce 
dangerous particle pollution if state, local, or tribal laws 
are not sufficient to protect public health. (10 minutes)
    3. Crawford (AR): Would direct the Environmental Protection 
Agency Administrator to consult with the Secretary of 
Agriculture when modifying National Ambient Air Quality 
Standards with respect to `nuisance dust' under exceptions 
provided in Sec. 132(b) of the Farm Dust Regulation Prevention 
Act of 2011. (10 minutes)
    4. Markey, Edward (MA): Would ensure that particulate 
matter containing arsenic and other heavy metals that are 
hazardous to human health is not nuisance dust and remains 
subject to the Clean Air Act. (10 minutes)
    5. Waxman (CA): Would require that particulate pollution 
produced from mining activities is not defined as ``nuisance 
dust'' and thus remains subject to the Clean Air Act. (10 
minutes)
    6. Flake, Jeff (AZ): Would add sense of Congress language 
regarding an approach to excluding so-called ``exceptional 
events'' (like massive dust storms that are not controllable or 
preventable) from determinations of whether an area is in 
compliance with the coarse particulate matter standard. (10 
minutes)
    7. Schock (IL), Capito (WV): Would require the EPA to take 
agriculture jobs and the economic impact on the agriculture 
industry into account before they issue any new regulations 
relating to agriculture. If a proposed regulation was found to 
cause the loss of more than 100 agriculturally related jobs or 
a decrease in more than $1,000,000 in agriculturally related 
economic activity then EPA would have to give notice to the 
State's Congressional Delegation, Governor, and Legislature, 
and also hold a public hearing in the impacted State. (10 
minutes)
    8. Green, Al (TX): Would require EPA to provide a report of 
the increase or decrease in the number of jobs as a result of 
enactment of the bill. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Rush of Illinois or His 
                   Designee, Debatable for 10 Minutes

  In section 2, strike ``applicable to particulate matter with 
an aerodynamic diameter greater than 2.5 micrometers'' and 
insert ``for PM10''.
  At the end of section 2, add the following: ``Nothing in this 
Act precludes the Administrator from proposing, finalizing, 
implementing, or enforcing the national primary ambient air 
quality standard or the national secondary ambient air quality 
standard for PM2.5.''.
  Strike section 3.
                              ----------                              


  2. An Amendment To Be Offered by Representative Christensen of the 
        Virgin Islands or Her Designee, Debatable for 10 Minutes

  In section 132(b) of the Clean Air Act, as proposed to be 
added by section 3 of the bill, after ``is not regulated under 
State, tribal, or local law'' insert ``at a level requisite to 
protect public health (as determined by the Administrator),''.
                              ----------                              


3. An Amendment To Be Offered by Representative Crawford of Arkansas or 
                 His Designee, Debatable for 10 Minutes

  In section 132(b) of the Clean Air Act, as proposed to be 
added by section 3 of the bill, after ``insofar as the 
Administrator'' insert ``, in consultation with the Secretary 
of Agriculture,''.
                              ----------                              


4. An Amendment To Be Offered by Representative Markey of Massachusetts 
               or His Designee, Debatable for 10 Minutes

  In section 132(c) of the Clean Air Act, as proposed to be 
added by section 3 of the bill, strike ``and'' at the end of 
paragraph (1), strike the period at the end of paragraph (2) 
and insert ``; and'', and add at the end the following 
paragraph:
          ``(3) the term `nuisance dust' does not include 
        particulate matter containing arsenic or other heavy 
        metals that are hazardous to human health.''.
                              ----------                              


5. An Amendment To Be Offered by Representative Waxman of California or 
                 His Designee, Debatable for 10 Minutes

  In section 132(c) of the Clean Air Act, as proposed to be 
added by section 3 of the bill, strike ``and'' at the end of 
paragraph (1), strike the period at the end of paragraph (2) 
and insert ``; and'', and add at the end the following 
paragraph:
          ``(3) the term `nuisance dust' does not include any 
        particulate matter produced from mining activities.''.
                              ----------                              


6. An Amendment To Be Offered by Representative Flake of Arizona or His 
                   Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 4. SENSE OF CONGRESS.

  It is the sense of the Congress that the Administrator of the 
Environmental Protection Agency should implement an approach to 
excluding so-called ``exceptional events'', or events that are 
not reasonably controllable or preventable, from determinations 
of whether an area is in compliance with any national ambient 
air quality standard (NAAQS) applicable to coarse particulate 
matter that--
          (1) maximizes transparency and predictability for 
        States, tribes, and local governments; and
          (2) minimizes the regulatory and cost burdens States, 
        tribes, and local governments bear in excluding such 
        events.
                              ----------                              


 7. An Amendment To Be Offered by Representative Schock of Illinois or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 4. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC 
                    ACTIVITY IN THE AGRICULTURE COMMUNITY.

  (a) Analysis of Impacts of Actions on Employment and Economic 
Activity in the Agriculture Community.--
          (1) Analysis.--Before taking a covered action, the 
        Administrator shall analyze the impact, disaggregated 
        by State, of the covered action on--
                  (A) employment levels in the agriculture 
                industry; and
                  (B) agricultural economic activity, including 
                estimated job losses and decreased economic 
                activity related to agriculture.
          (2) Economic models.--
                  (A) In general.--In carrying out paragraph 
                (1), the Administrator shall utilize the best 
                available economic models.
                  (B) Annual gao report.--Not later than 
                December 31 of each year, the Comptroller 
                General of the United States shall submit to 
                Congress a report on the economic models used 
                by the Administrator to carry out this 
                subsection.
          (3) Availability of information.--With respect to any 
        covered action, the Administrator shall--
                  (A) post the analysis under paragraph (1) as 
                a link on the main page of the public Internet 
                Web site of the Environmental Protection 
                Agency;
                  (B) request the Secretary of Agriculture to 
                post the analysis under paragraph (1) as a link 
                on the main page of the public Internet Web 
                site of the Department of Agriculture; and
                  (C) request that the Governor of any State 
                experiencing more than a de minimis negative 
                impact post such analysis in the Capitol of 
                such State.
  (b) Public Hearings.--
          (1) In general.--If the Administrator concludes under 
        subsection (a)(1) that a covered action will have more 
        than a de minimis negative impact on agricultural 
        employment levels or agricultural economic activity in 
        a State, the Administrator shall hold a public hearing 
        in each such State at least 30 days prior to the 
        effective date of the covered action.
          (2) Time, location, and selection.--A public hearing 
        required under paragraph (1) shall be held at a 
        convenient time and location for impacted residents. In 
        selecting a location for such a public hearing, the 
        Administrator shall give priority to locations in the 
        State that will experience the greatest number of job 
        losses.
  (c) Notification.--If the Administrator concludes under 
subsection (a)(1) that a covered action will have more than a 
de minimis negative impact on agricultural employment levels or 
agricultural economic activity in any State, the Administrator 
shall give notice of such impact to the State's Congressional 
delegation, Governor, and Legislature at least 45 days before 
the effective date of the covered action.
  (d) Definitions.--In this section, the following definitions 
apply:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Environmental Protection 
        Agency.
          (2) Covered action.--The term ``covered action'' 
        means any of the following actions taken by the 
        Administrator under the Clean Air Act (42 U.S.C. 7401 
        et seq.) relating to agriculture and the national 
        primary ambient air quality standard or the national 
        secondary ambient air quality standard for particulate 
        matter:
                  (A) Issuing a regulation, policy statement, 
                guidance, response to a petition, or other 
                requirement.
                  (B) Implementing a new or substantially 
                altered program.
          (3) More than a de minimis negative impact.--The term 
        ``more than a de minimis negative impact'' means the 
        following:
                  (A) With respect to employment levels, a loss 
                of more than 100 jobs related to the 
                agriculture industry. Any offsetting job gains 
                that result from the hypothetical creation of 
                new jobs through new technologies or government 
                employment may not be used in the job loss 
                calculation.
                  (B) With respect to economic activity, a 
                decrease in agricultural economic activity of 
                more than $1,000,000 over any calendar year. 
                Any offsetting economic activity that results 
                from the hypothetical creation of new economic 
                activity through new technologies or government 
                employment may not be used in the economic 
                activity calculation.
                              ----------                              


 8. An Amendment To Be Offered by Representative Al Green of Texas or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following section:

SEC. 4. REPORT ON EFFECT ON JOBS.

  Not later than 180 days after the date of enactment of this 
Act, the Administrator of the Environmental Protection Agency 
shall transmit to Congress a report estimating the increase or 
decrease in the number of jobs in the United States that will 
occur as a result of the enactment of this Act (including the 
amendment to the Clean Air Act (42 U.S.C. 7401 et seq.) made by 
section 3 of this Act).

                                  
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