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Fact Sheet for the Farm Dust Regulation Prevention Act (H.R. 1633)

December 7, 2011

H.R. 1633, the Farm Dust Regulation Prevention Act of 2011, will provide regulatory certainty in the short term and regulatory common sense for rural America in the long term. The bill offers important protections for farmers, ranchers, and rural businesses, which is why it has secured strong support from a coalition spearheaded by the National Cattlemen’s Beef Association, and including the American Farm Bureau Federation, its state affiliates, and more than 185 organizations encouraging Congress to support this sensible legislation. 

H.R. 1633 would:

  • Temporarily prohibit the Environmental Protection Agency (EPA) from issuing any new National Ambient Air Quality Standard for coarse particulate matter (“PM10,” also known as dust), for at least one year from the date of enactment.

  • Limit EPA regulation of nuisance dust to areas where it is not regulated under state, tribal, or local law, where nuisance dust causes substantial adverse effects, and where the benefits of federal regulation outweigh the costs.

  • Define nuisance dust as PM generated primarily from natural sources, unpaved roads, agricultural activities, earth moving, or other activities typically conducted in rural areas. It consists primarily of soil and/or natural or biological materials, and meets other specific criteria.

H.R. 1633 eliminates regulatory uncertainty:

  • EPA has been considering more costly, stringent PM10 standards and EPA staff recommended changes to the standard earlier this year.

  • Although EPA Administrator Jackson recently announced she plans to propose retaining the current PM10 standard, without legislation that standard could change through the review process – just as it did in 1996 and 2006.

  • Without legislation, litigation could force a more stringent standard regardless of what EPA proposes and finalizes.

H.R. 1633 provides regulatory relief:

  • Farmers, ranchers, and rural businesses are already subject to costly federal and state requirements to control dust.

  • H.R. 1633 recognizes that states and local areas are better equipped to manage nuisance dust, which is why EPA regulation is limited.

Even EPA believes its current coarse particulate matter standard is adequately protective of public health and welfare. In this economy, rural businesses should be protected from additional federal red tape, which is why the certainty of H.R. 1633 to maintain the current standard is so important.

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U.S. Representative Fred Upton

U.S. Representative Joe L. Barton

Congressman Fred Upton has represented the commonsense values of southwest Michigan since 1987. In 2010, Fred was selected by his House colleagues to serve as Chairman of the Committee on Energy and Commerce. Read More»;