United States 112th Congress Status: Died 1 R cosponsors

HR 1633 — Farm Dust Regulation Prevention Act of 2011

Last action — Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 256.

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  1. ✓
    Introduced
  2. Died in session

This bill died with 112th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Farm Dust Regulation Prevention Act of 2011 - Prohibits the Administrator of the Environmental Protection Agency (EPA) from proposing, finalizing, implementing, or enforcing 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 the Clean Air Act (CAA) for one year. Exempts nuisance dust from the CAA and excludes nuisance dust from references in such Act to particulate matter, except with respect to geographic areas where such dust is not regulated under state, tribal, or local law if 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 CAA standards and other requirements to such dust outweigh the costs. Defines "nuisance dust" as particulate matter that: (1) is generated primarily from natural sources, unpaved roads, agricultural activities, earth moving, or other activities typically conducted in rural areas; (2) consists primarily of soil, other natural or biological materials, windblown dust, or some combination thereof; (3) is not emitted directly into the ambient air from combustion, such as exhaust from combustion engines and emissions from stationary combustion processes; (4) is not comprised of residuals from the combustion of coal; and (5) does not include radioactive particulate matter produced from uranium mining or processing. Expresses the sense of Congress that the Administrator should implement an approach to excluding 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 maximizes transparency and predictability for states, tribes, and local governments and minimizes their regulatory and cost burdens. Requires the Administrator, before taking a covered action, to analyze its impact, disaggregated by state, on employment levels in the agriculture industry and on agricultural economic activity, utilizing the best available economic models. Defines a "covered action" as an action by the Administrator under the Clean Air Act, relating to agriculture and the primary and secondary NAAQS for particulate matter, to: (1) issue a regulation, policy statement, guidance, response to a petition, or other requirement; or (2) implement a new or substantially altered program. Requires the Administrator to: (1) post such analysis on the main page of EPA's website; (2) request the Secretary of Agriculture to post it on the main page of the Department of Agriculture's website; and (3) request the governor of any state experiencing more than a de minimis negative impact to post such analysis in the state's capitol. Requires the Administrator to: (1) hold a public hearing in each state in which a covered action will have more than a de minimis negative impact on agricultural employment levels or agricultural economic activity, at least 30 days prior to the effective date of the action; and (2) give notice of such impact to the state's congressional delegation, governor, and legislature at least 45 days before the effective date of the action. Defines "de minimis negative impact" as: (1) a loss of more than 100 jobs related to the agriculture industry, or (2) a decrease in agricultural economic activity of more than $1 million over any calendar year.

Bill Text

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Action History

  1. Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 256.

  2. Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

  3. Motion to reconsider laid on the table Agreed to without objection.

  4. On passage Passed by recorded vote: 268 - 150 (Roll no. 912).

  5. On motion to recommit with instructions Failed by recorded vote: 166 - 252 (Roll no. 911).

  6. The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H8295)

  7. DEBATE - The House proceeded with 10 minutes of debate on the DeGette motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment that adds a new section to the bill to prohibit any part of the bill from limiting the Administrator of the Environmental Protection Agency from proposing, finalizing, implementing, or enforcing any regulation promulgated under the Clean Air Act relating to specified emissions.

  8. Ms. DeGette moved to recommit with instructions to Energy and Commerce. (consideration: CR H8294-8296; text: CR H8294)

  9. The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H8282-8283)

  10. The previous question was ordered pursuant to the rule. (consideration: CR H8294)

  11. The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1633.

  12. H.AMDT.908 On agreeing to the Green, Al amendment (A008) Failed by recorded vote: 170 - 247 (Roll no. 910).

  13. H.AMDT.905 On agreeing to the Waxman amendment (A005) Failed by recorded vote: 158 - 257 (Roll no. 909).

  14. H.AMDT.904 On agreeing to the Markey amendment (A004) Failed by recorded vote: 165 - 249 (Roll no. 908).

  15. H.AMDT.902 On agreeing to the Christensen amendment (A002) Failed by recorded vote: 159 - 250 (Roll no. 907).

  16. H.AMDT.901 On agreeing to the Rush amendment (A001) Failed by recorded vote: 150 - 255 (Roll no. 906).

  17. UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments which were debated earlier and on which further proceedings were postponed.

  18. POSTPONED PROCEEDINGS - At the conclusion of debate on the Al Green (TX) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Green demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

  19. DEBATE - Pursuant to the provisions of H.Res. 487, the Committee of the Whole proceeded with 10 minutes of debate on the Al Green (TX) amendment.

  20. H.AMDT.908 Amendment (A008) offered by Mr. Green, Al. (consideration: CR H8289-8290, H8293-8294; text: CR H8289)At the end of the bill, add the following section: SEC. 4. REPORT ON EFFECT ON JOBS. Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall transmit to Congress a report estimating the increase or decrease in the number of jobs in the United States that will occur as a result of the enactment of this Act (including the amendment to the Clean Air Act (42 U.S.C. 7401 et seq.) made by section 3 of this Act).

  21. H.AMDT.907 On agreeing to the Schock amendment (A007) Agreed to by voice vote.

  22. DEBATE - Pursuant to the provisions of H.Res. 487, the Committee of the Whole proceeded with 10 minutes of debate on the Schock amendment.

  23. H.AMDT.907 Amendment (A007) offered by Mr. Schock. (consideration: CR H8287-8289; text: CR H8287-8288)Amendment requires the EPA to take agriculture jobs and the economic impact on the agriculture industry into account before they issue any new regulations relating to agriculture. If a proposed regulation was found to cause the loss of more than 100 agriculturally related jobs or a decrease in more than $1,000,000 in agriculturally related economic activity then EPA would have to give notice to the State's Congressional Delegation, Governor, and Legislature and also hold a public hearing in the impacted State.

  24. H.AMDT.906 On agreeing to the Flake amendment (A006) Agreed to by voice vote.

  25. DEBATE - Pursuant to the provisions of H.Res. 487, the Committee of the Whole proceeded with 10 minutes of debate on the Flake amendment.

  26. H.AMDT.906 Amendment (A006) offered by Mr. Flake. (consideration: CR H8287; text: CR H8287)Amendment adds sense of Congress language regarding an approach to excluding so-called "exceptional events" (like massive dust storms that are not controllable or preventable) from determinations of whether an area is in compliance with the coarse particulate matter standard.

  27. POSTPONED PROCEEDINGS - At the conclusion of debate on the Waxman amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Whitfield demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

  28. DEBATE - Pursuant to the provisions of H.Res. 487, the Committee of the Whole proceeded with 10 minutes of debate on the Waxman amendment.

  29. H.AMDT.905 Amendment (A005) offered by Mr. Waxman. (consideration: CR H8286-8287, H8292-8293; text: CR H8286)Amendment sought to require that particulate pollution produced from mining activities is not defined as nuisance dust and remains subject to the Clean Air Act.

  30. POSTPONED PROCEEDINGS - At the conclusion of debate on the Markey amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Markey demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

  31. DEBATE - Pursuant to the provisions of H.Res. 487, the Committee of the Whole proceeded with 10 minutes of debate on the Markey amendment.

  32. H.AMDT.904 Amendment (A004) offered by Mr. Markey. (consideration: CR H8285-8286, H8292; text: CR H8285)Amendment sought to ensure that particulate matter containing arsenic and other heavy metals that are hazardous to human health is not defined as nuisance dust and remains subject to the Clean Air Act.

  33. H.AMDT.903 On agreeing to the Crawford amendment (A003) Agreed to by voice vote.

  34. DEBATE - Pursuant to the provisions of H.Res. 487, the Committee of the Whole proceeded with 10 minutes of debate on the Crawford amendment.

  35. H.AMDT.903 Amendment (A003) offered by Mr. Crawford. (consideration: CR H8284-8285; text: CR H8284)Amendment directs the EPA Administrator to consult with the Secretary of Agriculture when modifying National Ambient Air Quality Standards with respect to "nuisance dust" under exceptions provided in Sec. 132(b) of the Farm Dust Regulation Prevention Act of 2011.

  36. POSTPONED PROCEEDINGS - At the conclusion of debate on the Christensen amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mrs. Christensen demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

  37. DEBATE - Pursuant to the provisions of H.Res. 487, the Committee of the Whole proceeded with 10 minutes of debate on the Christensen amendment.

  38. H.AMDT.902 Amendment (A002) offered by Mrs. Christensen. (consideration: CR H8283-8284, H8291-8292; text: CR H8283)Amendment sought to allow the EPA the authority under the Clean Air Act to step in and take action to reduce dangerous particle pollution if state, local, or tribal laws are not sufficient to protect public health.

  39. POSTPONED PROCEEDINGS - At the conclusion of debate on the Rush amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Rush demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

  40. DEBATE - Pursuant to the provisions of H.Res. 487, the Committee of the Whole proceeded with 10 minutes of debate on the Rush amendment.

  41. H.AMDT.901 Amendment (A001) offered by Mr. Rush. (consideration: CR H8282-8283, H8290-8291; text: CR H8282-8283)Amendment sought to clarify that nothing in the bill precludes the EPA Administrator from enforcing National Ambient Air Quality Standards (NAAQS) for PM2.5 and sought to delete section 3, which would allow the EPA to regulate "nuisance dust" in areas where states and localities do not do so if it substantially hurts public health and if the benefits of applying standards would outweigh the costs.

  42. GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1633.

  43. The Speaker designated the Honorable Steve Womack to act as Chairman of the Committee.

  44. House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 487 and Rule XVIII.

  45. Rule provides for consideration of H.R. 1633 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against consideration of the bill; proivdes that the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce shall be considered as original text for the purpose of amendment and shall be considered as read. Further it waives all points of order against the committee amendment in the nature of a substitute.

  46. Considered under the provisions of rule H. Res. 487. (consideration: CR H8274-8296)

  47. Rule H. Res. 487 passed House.

  48. Rules Committee Resolution H. Res. 487 Reported to House. Rule provides for consideration of H.R. 1633 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against consideration of the bill; proivdes that the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce shall be considered as original text for the purpose of amendment and shall be considered as read. Further it waives all points of order against the committee amendment in the nature of a substitute.

  49. Placed on the Union Calendar, Calendar No. 215.

  50. Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-316.

  51. Ordered to be Reported (Amended) by the Yeas and Nays: 33 - 16.

  52. Committee Consideration and Mark-up Session Held.

  53. Forwarded by Subcommittee to Full Committee (Amended) .

  54. Subcommittee Consideration and Mark-up Session Held.

  55. Subcommittee Hearings Held.

  56. Referred to the Subcommittee on Energy and Power.

  57. Referred to the House Committee on Energy and Commerce.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

environment agriculture
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Frequently asked questions

What does HR 1633 do?
Farm Dust Regulation Prevention Act of 2011 - Prohibits the Administrator of the Environmental Protection Agency (EPA) from proposing, finalizing, implementing, or enforcing 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 the Clean Air Act (CAA) for one year. Exempts nuisance dust from the CAA and excludes nuisance dust from references in such Act to particulate matter, except with respect to geographic areas where such dust is not regulated under state, tribal, or local law if 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 CAA standards and other requirements to such dust outweigh the costs. Defines "nuisance dust" as particulate matter that: (1) is generated primarily from natural sources, unpaved roads, agricultural activities, earth moving, or other activities typically conducted in rural areas; (2) consists primarily of soil, other natural or biological materials, windblown dust, or some combination thereof; (3) is not emitted directly into the ambient air from combustion, such as exhaust from combustion engines and emissions from stationary combustion processes; (4) is not comprised of residuals from the combustion of coal; and (5) does not include radioactive particulate matter produced from uranium mining or processing. Expresses the sense of Congress that the Administrator should implement an approach to excluding 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 maximizes transparency and predictability for states, tribes, and local governments and minimizes their regulatory and cost burdens. Requires the Administrator, before taking a covered action, to analyze its impact, disaggregated by state, on employment levels in the agriculture industry and on agricultural economic activity, utilizing the best available economic models. Defines a "covered action" as an action by the Administrator under the Clean Air Act, relating to agriculture and the primary and secondary NAAQS for particulate matter, to: (1) issue a regulation, policy statement, guidance, response to a petition, or other requirement; or (2) implement a new or substantially altered program. Requires the Administrator to: (1) post such analysis on the main page of EPA's website; (2) request the Secretary of Agriculture to post it on the main page of the Department of Agriculture's website; and (3) request the governor of any state experiencing more than a de minimis negative impact to post such analysis in the state's capitol. Requires the Administrator to: (1) hold a public hearing in each state in which a covered action will have more than a de minimis negative impact on agricultural employment levels or agricultural economic activity, at least 30 days prior to the effective date of the action; and (2) give notice of such impact to the state's congressional delegation, governor, and legislature at least 45 days before the effective date of the action. Defines "de minimis negative impact" as: (1) a loss of more than 100 jobs related to the agriculture industry, or (2) a decrease in agricultural economic activity of more than $1 million over any calendar year.
Who sponsors HR 1633?
HR 1633 is sponsored by Kristi Noem (R).
What is the current status of HR 1633?
This bill died with 112th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 1633?
Track HR 1633 free on One Click Politics — get push/email alerts when it moves.

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