19–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–317 

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. 


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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 


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Majority Members Vote Minority Members Vote 

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, impleVerDate Mar 15 2010 02:41 Dec 08, 2011 Jkt 019008 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR317.XXX HR317

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menting, 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— 


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(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. 


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(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). 

Æ 


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