F:\R12\1ST\RH\H1633_RH.XMLWPBurkecasterkx12/1/2011 11:51f:\VHLC\120111\120111.076.xml12/01/2011 12:04:47casterkx [Discussion Draft] H.L.C. (Original Signature of Member) [DISCUSSION DRAFT]
I Union Calendar No. 112th CONGRESS 1st Session H. R. 1633 [Report No. 112–] 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 --, 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.
1.
Short title
This Act may be cited as the Farm Dust Regulation Prevention Act of 2011.
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).
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:
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, the term nuisance dust means particulate matter— (1)generated from natural sources, unpaved roads, agricultural activities, earth moving, or other activities typically conducted in rural areas; or (2)consisting primarily of soil, other natural or biological materials, windblown dust, or some combination thereof.
.
1.
Short title
This Act may be cited as the Farm Dust Regulation Prevention Act of 2011.
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).
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:
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.
.