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— 
‘‘(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.’’. 
VerDate Mar 15 2010 
22:49 Dec 06, 2011
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6401
E:\BILLS\H1633.RH
H1633
emcdonald on DSK5VPTVN1PROD with BILLS
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 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, imple-
ment, or enforce any regulation revising the national pri-
mary 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 
VerDate Mar 15 2010 
22:49 Dec 06, 2011
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H1633.RH
H1633
emcdonald on DSK5VPTVN1PROD with BILLS
not regulated under State, tribal, or local law insofar as 
the Administrator 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 (in-
cluding local and regional economic and employment 
impacts) of applying such standards and other re-
quirements 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 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 
combustion engines and emissions from sta-
tionary combustion processes; and 
VerDate Mar 15 2010 
22:49 Dec 06, 2011
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H1633.RH
H1633
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(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.’’. 
VerDate Mar 15 2010 
22:49 Dec 06, 2011
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H1633.RH
H1633
emcdonald on DSK5VPTVN1PROD with BILLS
Union Calendar No. 215 
112TH CONGRESS 
1ST SESSION 
H. R. 1633 
[Report No. 112–316] 
A BILL 
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 6, 2011 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Mar 15 2010 
22:49 Dec 06, 2011
Jkt 019200
PO 00000
Frm 00008
Fmt 6651
Sfmt 6651
E:\BILLS\H1633.RH
H1633
emcdonald on DSK5VPTVN1PROD with BILLS