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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1633 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 256
112th CONGRESS
  1st Session
                                H. R. 1633

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 12, 2011

                    Received and read the first time

                           December 13, 2011

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT

 
  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,

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, in consultation with 
the Secretary of Agriculture, 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.''.

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.

SEC. 5. 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.

            Passed the House of Representatives December 8, 2011.

            Attest:

                                                                 Clerk.
                                                       Calendar No. 256

112th CONGRESS

  1st Session

                               H. R. 1633

_______________________________________________________________________

                                 AN ACT

  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 13, 2011

            Read the second time and placed on the calendar
```