II 
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 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-
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far as the Administrator, in consultation with the Sec-
retary of Agriculture, finds that— 
‘‘(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— 
‘‘(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 con-
ducted in rural areas; 
‘‘(B) consists primarily of soil, other nat-
ural or biological materials, or some combina-
tion thereof; 
‘‘(C) is not emitted directly into the ambi-
ent air from combustion, such as exhaust from 
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combustion engines and emissions from sta-
tionary 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 ura-
nium 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 prevent-
able, from determinations of whether an area is in compli-
ance 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 exclud-
ing such events. 
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SEC. 5. IMPACTS OF EPA REGULATORY ACTIVITY ON EM-
PLOYMENT AND ECONOMIC ACTIVITY IN THE 
AGRICULTURE COMMUNITY. 
(a) ANALYSIS OF IMPACTS OF ACTIONS ON EMPLOY-
MENT 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, includ-
ing estimated job losses and decreased economic 
activity related to agriculture. 
(2) ECONOMIC MODELS.— 
(A) IN GENERAL.—In carrying out para-
graph (1), the Administrator shall utilize the 
best available economic models. 
(B) ANNUAL
GAO
REPORT.—Not later 
than December 31 of each year, the Comp-
troller General of the United States shall sub-
mit to Congress a report on the economic mod-
els used by the Administrator to carry out this 
subsection. 
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(3) AVAILABILITY OF INFORMATION.—With re-
spect to any covered action, the Administrator 
shall— 
(A) post the analysis under paragraph (1) 
as a link on the main page of the public Inter-
net 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 con-
cludes under subsection (a)(1) that a covered action 
will have more than a de minimis negative impact on 
agricultural employment levels or agricultural eco-
nomic 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 pub-
lic hearing required under paragraph (1) shall be 
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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 loca-
tions 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 defi-
nitions apply: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) COVERED ACTION.—The term ‘‘covered ac-
tion’’ 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: 
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(A) Issuing a regulation, policy statement, 
guidance, response to a petition, or other re-
quirement. 
(B) Implementing a new or substantially 
altered program. 
(3) MORE THAN A DE MINIMIS NEGATIVE IM-
PACT.—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 agri-
culture 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 cal-
culation. 
(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 govern-
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ment employment may not be used in the eco-
nomic activity calculation. 
Passed the House of Representatives December 8, 
2011. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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Calendar No. 256 
112TH CONGRESS 
1ST SESSION 
H. R. 1633 
AN ACT 
To establish a temporary prohibition against revis-
ing any national ambient air quality standard ap-
plicable 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 
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