I 

112TH CONGRESS 

1ST SESSION 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. 

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 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Farm Dust Regulation 

5 Prevention Act of 2011’’. 


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1 SEC. 2. TEMPORARY PROHIBITION AGAINST REVISING ANY 

2 NATIONAL AMBIENT AIR QUALITY STANDARD 

3 APPLICABLE TO COARSE PARTICULATE MAT4 TER. 

5 Before the date that is one year after the date of the 

6 enactment of this Act, the Administrator of the Environ7 mental Protection Agency may not propose, finalize, im8 plement, or enforce any regulation revising the national 

9 primary ambient air quality standard or the national sec10 ondary ambient air quality standard applicable to particu11 late matter with an aerodynamic diameter greater than 

12 2.5 micrometers under section 109 of the Clean Air Act 

13 (42 U.S.C. 7409). 

14 SEC. 3. NUISANCE DUST. 

15 Part A of title I of the Clean Air Act (42 U.S.C. 7401 

16 et seq.) is amended by adding at the end the following: 

17 ‘‘SEC. 132. REGULATION OF NUISANCE DUST PRIMARILY BY 

18 STATE, TRIBAL, AND LOCAL GOVERNMENTS. 

19 ‘‘(a) IN GENERAL.—Except as provided in subsection 

20 (b), this Act does not apply to, and references in this Act 

21 to particulate matter are deemed to exclude, nuisance 

22 dust. 

23 ‘‘(b) EXCEPTION.—Subsection (a) does not apply 

24 with respect to any geographic area in which nuisance 

25 dust is not regulated under State, tribal, or local law inso26 far as the Administrator finds that— 


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1 ‘‘(1) nuisance dust (or any subcategory of nui2 sance dust) causes substantial adverse public health 

3 and welfare effects at ambient concentrations; and 

4 ‘‘(2) the benefits of applying standards and 

5 other requirements of this Act to nuisance dust (or 

6 such subcategory of nuisance dust) outweigh the 

7 costs (including local and regional economic and em8 ployment impacts) of applying such standards and 

9 other requirements to nuisance dust (or such sub10 category). 

11 ‘‘(c) DEFINITION.—In this section, the term ‘nui12 sance dust’ means particulate matter— 

13 ‘‘(1) generated from natural sources, unpaved 

14 roads, agricultural activities, earth moving, or other 

15 activities typically conducted in rural areas; or 

16 ‘‘(2) consisting primarily of soil, other natural 

17 or biological materials, windblown dust, or some 

18 combination thereof.’’. 

Æ 


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