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) intro-
duced 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 nui-
sance 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 Representa-
tives 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’’. 
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SEC. 2. TEMPORARY PROHIBITION AGAINST REVISING ANY 
NATIONAL AMBIENT AIR QUALITY STANDARD 
APPLICABLE TO COARSE PARTICULATE MAT-
TER. 
Before the date that is one year after the date of the 
enactment of this Act, the Administrator of the Environ-
mental Protection Agency may not propose, finalize, im-
plement, or enforce any regulation revising the national 
primary ambient air quality standard or the national sec-
ondary ambient air quality standard applicable to particu-
late 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 inso-
far as the Administrator finds that— 
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‘‘(1) nuisance dust (or any subcategory of nui-
sance 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 em-
ployment impacts) of applying such standards and 
other requirements to nuisance dust (or such sub-
category). 
‘‘(c) DEFINITION.—In this section, the term ‘nui-
sance 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.’’. 
Æ 
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