H.R. 1633House112th Congress (2011-2013)Passed House

Farm Dust Regulation Prevention Act of 2011

Introduced April 15, 2011

Legislative Activity

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42 earlier actions
SenateCalendars Latest Action

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

December 13, 2011

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HouseIntro Referral

Introduced in House

April 15, 2011

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

April 15, 2011

HouseCommittee

Referred to the Subcommittee on Energy and Power.

April 25, 2011

HouseCommittee

Subcommittee Hearings Held.

October 25, 2011

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

November 3, 2011

HouseCommittee

Forwarded by Subcommittee to Full Committee (Amended) .

November 3, 2011

HouseCommittee

Committee Consideration and Mark-up Session Held.

November 29, 2011

HouseCommittee

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

November 29, 2011

HouseCommittee

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

December 6, 2011

HouseCalendars

Placed on the Union Calendar, Calendar No. 215.

December 6, 2011

HouseFloor

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.

December 7, 2011 • 5:44 PM

HouseFloor

Rule H. Res. 487 passed House.

December 8, 2011 • 11:04 AM

HouseFloor

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

December 8, 2011 • 11:18 AM

HouseFloor

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.

December 8, 2011 • 11:18 AM

HouseFloor

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

December 8, 2011 • 11:19 AM

HouseFloor

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

December 8, 2011 • 11:19 AM

HouseFloor

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

December 8, 2011 • 11:19 AM

HouseFloor

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

December 8, 2011 • 12:22 PM

HouseFloor

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.

December 8, 2011 • 12:28 PM

HouseFloor

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

December 8, 2011 • 12:29 PM

HouseFloor

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.

December 8, 2011 • 12:38 PM

HouseFloor

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

December 8, 2011 • 12:39 PM

HouseFloor

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

December 8, 2011 • 12:42 PM

HouseFloor

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.

December 8, 2011 • 12:50 PM

HouseFloor

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

December 8, 2011 • 12:51 PM

HouseFloor

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.

December 8, 2011 • 12:59 PM

HouseFloor

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

December 8, 2011 • 1:00 PM

HouseFloor

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

December 8, 2011 • 1:05 PM

HouseFloor

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.

December 8, 2011 • 1:16 PM

HouseFloor

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.

December 8, 2011 • 1:26 PM

HouseFloor

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.

December 8, 2011 • 1:27 PM

HouseFloor

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

December 8, 2011 • 2:04 PM

HouseFloor

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

December 8, 2011 • 2:05 PM

HouseFloor

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)

December 8, 2011 • 2:05 PM

HouseFloor

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

December 8, 2011 • 2:06 PM

HouseFloor

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.

December 8, 2011 • 2:07 PM

HouseFloor

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

December 8, 2011 • 2:18 PM

HouseFloor

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

December 8, 2011 • 2:34 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 268 - 150 (Roll no. 912).

December 8, 2011 • 2:43 PM

HouseFloor

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

December 8, 2011 • 2:43 PM

HouseFloor

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

December 8, 2011 • 2:43 PM

SenateCalendars

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

December 12, 2011

SenateCalendars

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

December 13, 2011

Floor Debate

21 members

What members said about H.R. 1633 on the floor

9 Republicans12 Democrats
John R. Carter
Rep. John R. CarterR-TX-31 · Sep 7, 2011

Mr. Speaker, we've all been back in our districts for the last month, and we've been talking to friends and neighbors back home about what America is truly concerned with, what is most important in…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Dec 2, 2011

Mr. Speaker, I yield to my friend from Virginia, the majority leader, for the purpose of inquiring about the schedule for the week to come. I thank the gentleman for his information. If I can…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Sep 23, 2011

Mr. Chairman, I have an amendment at the desk. I rise today to support my amendment. I call my amendment ``Can We All Get Along?'' It is an amendment simply to ask that all of those who are impacted…

Eric Cantor
Rep. Eric CantorR-VA-7 · Dec 2, 2011

I thank the gentleman from Maryland, the Democratic whip, for yielding. Mr. Speaker, on Monday the House will meet at noon for morning hour and 2 p.m. for legislative business. However, no votes are…

Daniel Webster
Rep. Daniel WebsterR-FL-8 · Dec 8, 2011

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 487 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Show 8 more
Jared Polis
Rep. Jared PolisD-CO-2 · Dec 8, 2011

Madam Speaker, I thank my colleague for yielding me the customary 30 minutes, and I yield myself such time as I may consume. I rise today in opposition to the rule and the underlying bill. Today,…

Ed Whitfield
Rep. Ed WhitfieldR-KY-1 · Sep 23, 2011

Mr. Chairman, I rise in opposition to the amendment. I have great admiration for the gentleman from Florida, who is always eloquent in his remarks. He started off his support of his amendment by…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-30 · Sep 23, 2011

Mr. Chairman, I rise in opposition to the amendment. I rise in strong opposition to this Whitfield amendment, Mr. Chairman. The amendment is objectionable from the standpoint of public health and the…

Bobby L. Rush
Rep. Bobby L. RushD-IL-1 · Dec 8, 2011

I want to thank the ranking member for his outstanding leadership and for yielding time to me. Mr. Chairman, I oppose this ill-conceived, nonsensical, and in all ways awful bill, H.R. 1633, which…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-30 · Dec 8, 2011

Mr. Chairman, I yield myself such time as I may consume. Over the past year, Republicans have brought to the floor one bill after another to weaken the Clean Air Act and eliminate EPA authority to…

Ed Whitfield
Rep. Ed WhitfieldR-KY-1 · Dec 8, 2011

Mr. Chairman, I yield myself such time as I may consume. American farmers, ranchers, and other rural businesses, like many other sectors of our economy, have faced an onslaught of EPA regulations.…

Edward J. Markey
Rep. Edward J. MarkeyD-MA-7 · Dec 8, 2011

I thank the gentleman for yielding. We are now debating on a very real piece of legislation that solves an imaginary problem. The Farm Dust Regulation Prevention Act purports to address the…

Robert Hurt
Rep. Robert HurtR-VA-5 · Dec 8, 2011

I thank the gentleman for yielding. I'd first like to thank Chairmen Upton and Whitfield for this effort and Representative Noem for her leadership and hard work on this legislation. Mr. Chairman, I…

Show 11 more
Charles W. Dent
Rep. Charles W. DentR-PA-15 · Sep 23, 2011

I have an amendment at the desk. Thank you, Mr. Chairman. This amendment simply adds the National Emission Standards for Hazardous Air Pollutants, NESHAP or Cement MACT, to the covered rules within…

Laura Richardson
Rep. Laura RichardsonD-CA-37 · Sep 23, 2011

I have an amendment at the desk. Mr. Chairman, my amendment is intended to strike the provision that reduces the amount of funding to implement the Diesel Emissions Reduction program. Five years ago,…

Gerald E. Connolly
Rep. Gerald E. ConnollyD-VA-11 · Sep 23, 2011

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, Deutsche Bank, the biggest bank in Europe, recently issued a report on global clean energy investment opportunities in which it stated,…

Betty McCollum
Rep. Betty McCollumD-MN-4 · Sep 23, 2011

Mr. Speaker, I have a motion to recommit at the desk. I am opposed to the bill in its current form, Mr. Speaker. Mr. Speaker, let me be clear, this amendment does not kill the bill or send it back to…

Donna M. Christensen
Rep. Donna M. ChristensenD-VI · Dec 8, 2011

I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. This bill stands as an effort to dramatically weaken the Clean Air Act and delay implementation of vital…

John D. Dingell
Rep. John D. DingellD-MI-15 · Dec 8, 2011

Mr. Chairman, this is a magnificent solution to a nonexistent problem. But it's made a lot of money for a lot of lobbyists, and a lot of industrial polluters are going to enjoy this, hiding behind…

Adrian Smith
Rep. Adrian SmithR-NE-3 · Dec 7, 2011

Mr. Speaker, I am pleased to speak today about the Regulations from the Executive in Need of Scrutiny, or the REINS, Act. This bill, which I have cosponsored, restores accountability to the…

Lee Terry
Rep. Lee TerryR-NE-2 · Dec 8, 2011

Mr. Chairman, I am amused, humored by the opposition, all hailing from our greatest cities in the United States, urban areas. I would like to read a note that I received from a rancher in Nebraska…

Gene Green
Rep. Gene GreenD-TX-29 · Dec 8, 2011

I rise in opposition to H.R. 1633, the Farm Dust Regulation Prevention Act of 2011. I just heard it referred to as ``Tinker Bell,'' but I think this is more like Alice in Wonderland legislation. It…

Bobby L. Rush
Rep. Bobby L. RushD-IL-1 · Sep 23, 2011

I claim time in opposition for purposes of debate. The ACTING Chair. The gentleman from Illinois is recognized for 5 minutes. Thank you. Many organizations are on record opposing the TRAIN Act or…

Robert E. Latta
Rep. Robert E. LattaR-OH-5 · Sep 23, 2011

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I rise today to urge my colleagues to support my amendment to H.R. 2401. This amendment should be one of the most noncontroversial…

Bill Text

4 versions available

Reading Mode
Latest
Placed on Calendar SenateIssued December 13, 2011

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 nuisance dust in areas in which such dust is regulated under State, tribal, or local law, and for other purposes.

1.

Short title

This Act may be cited as the Farm Dust Regulation Prevention Act of 2011.

2.

Temporary prohibition against revising any national ambient air quality standard applicable to coarse particulate matter

Before the date that is one year after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency may not propose, finalize, implement, or enforce 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 section 109 of the Clean Air Act (42 U.S.C. 7409).

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:

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 insofar as 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 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 employment impacts) of applying such standards and other requirements 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 conducted in rural areas;

(B)

consists primarily of soil, other natural or biological materials, or some combination thereof;

(C)

is not emitted directly into the ambient air from combustion, such as exhaust from combustion engines and emissions from stationary 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 uranium mining or processing.

.

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 preventable, from determinations of whether an area is in compliance 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 excluding such events.

5.

Impacts of EPA regulatory activity on employment and economic activity in the agriculture community

(a)

Analysis of impacts of actions on employment 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, including estimated job losses and decreased economic activity related to agriculture.

(2)

Economic models

(A)

In general

In carrying out paragraph (1), the Administrator shall utilize the best available economic models.

(B)

Annual GAO report

Not later than December 31 of each year, the Comptroller General of the United States shall submit to Congress a report on the economic models used by the Administrator to carry out this subsection.

(3)

Availability of information

With respect to any covered action, the Administrator shall—

(A)

post the analysis under paragraph (1) as a link on the main page of the public Internet 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 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 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 public hearing required under paragraph (1) shall be 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 locations 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 definitions apply:

(1)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency.

(2)

Covered action

The term covered action 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:

(A)

Issuing a regulation, policy statement, guidance, response to a petition, or other requirement.

(B)

Implementing a new or substantially altered program.

(3)

More than a de minimis negative impact

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 agriculture 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 calculation.

(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 government employment may not be used in the economic activity calculation.

Passed the House of Representatives December 8, 2011.

Clerk.

December 13, 2011

Read the second time and placed on the calendar