S.Amdt. 2212

1. Adds SEC. 122___. FARM DUST REGULATION PREVENTION on page 1009, line 11

   Adds a sectionPrinted page

   Inserted: SEC. 122___. FARM DUST REGULATION PREVENTION.

   Inserted: (a) Short Title.--This section may be cited as the "Farm Dust Regulation Prevention Act of 2012".

   Inserted: (b) 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:

   Inserted: "SEC. 132. REGULATION OF NUISANCE DUST PRIMARILY BY STATE, TRIBAL, AND LOCAL GOVERNMENTS.

   Inserted: "(a) Definition of Nuisance Dust.--

   Inserted: "(1) In general.--In this section, the term 'nuisance dust' means particulate matter that--

   Inserted: "(A) is generated primarily from natural sources, unpaved roads, agricultural activities, earth moving, or other activities typically conducted in rural areas;

   Inserted: "(B) consists primarily of soil, other natural or biological materials, or any combination of soil or other natural or biological materials;

   Inserted: "(C) is not emitted directly into the ambient air from combustion, such as exhaust from combustion engines and emissions from stationary combustion processes; and

   Inserted: "(D) is not comprised of residuals from the combustion of coal.

   Inserted: "(2) Exclusions.--The term 'nuisance dust' does not include radioactive particulate matter produced from uranium mining or processing.

   Inserted: "(b) Applicability.--Except as provided in subsection (c), any reference in this Act to particulate matter dos not include nuisance dust.

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   Inserted: "(c) Exception.--Subsection (b) does not apply to any geographical area in which nuisance dust is not regulated under State, tribal, or local law if the Administrator, in consultation with the Secretary of Agriculture, finds that--

   Inserted: "(1) nuisance dust (or any subcategory of nuisance dust) causes substantial adverse public health and welfare effects at ambient concentrations; and

   Inserted: "(2) the benefits of applying standards and other requirements of this Act to nuisance dust (or any subcategory of nuisance dust) outweigh the costs (including local and regional economic and employment impacts) of applying those standards and other requirements to nuisance dust (or any subcategory of nuisance dust).".

   Inserted: (c) Sense of Congress.--It is the sense of Congress that the Administrator of the Environmental Protection Agency 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 applicable to coarse particulate matter that--

   Inserted: (1) maximizes transparency and predictability for States, tribes, and local governments; and

   Inserted: (2) minimizes the regulatory and cost burdens States, tribes, and local governments bear in excluding exceptional events.

   Original wording

   On page 1009, after line 11, add the following:

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As printed