[House Report 112-317]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-317
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1633) 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
_______
December 7, 2011.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Webster, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 487]
The Committee on Rules, having had under consideration
House Resolution 487, by a record vote of 7 to 4, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 1633, the
Farm Dust Regulation Prevention Act of 2011, under a structured
rule. The resolution provides one hour of general debate
equally divided and controlled by the chair and ranking
minority member of the Committee on Energy and Commerce. The
resolution waives all points of order against consideration of
the bill. The resolution provides that the amendment in the
nature of a substitute recommended by the Committee on Energy
and Commerce now printed in the bill shall be considered as
original text for the purpose of amendment and shall be
considered as read. The resolution waives all points of order
against the committee amendment in the nature of a substitute.
The resolution makes in order only those amendments printed in
this report. Each such amendment may be offered only in the
order printed in this report, may be offered only by a Member
designated in this report, shall be considered as read, shall
be debatable for the time specified in this report equally
divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question in the House or the
Committee of the Whole. The resolution waives all points of
order against the amendments printed in this report. Finally,
the resolution provides one motion to recommit with or without
instructions.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of the bill, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the committee amendment in the nature of a substitute, the
Committee is not aware of any points of order. The waiver is
prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order. The waiver is prophylactic in
nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 168
Motion by Ms. Slaughter to report an open rule. Defeated:
4-6.
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Bishop of Utah.............................. Nay Mr. McGovern...................... Yea
Mr. Nugent...................................... Nay Mr. Hastings of Florida........... Yea
Mr. Scott of South Carolina..................... Nay Mr. Polis......................... Yea
Mr. Webster..................................... Nay
Mr. Dreier, Chairman............................ Nay
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Rules Committee record vote No. 169
Motion by Ms. Slaughter to make in order and provide the
necessary waivers for amendment #4, offered by Rep. Eshoo,
which would require that if the EPA Administrator and the Clean
Air Scientific Advisory Committee find that the exemption in
this bill would increase the incidence of asthma attacks,
respiratory disease, cardiovascular disease, or premature
mortality, then the bill's exemption from the Clean Air Act for
particulate pollution has no effect. Defeated: 4-7.
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Bishop of Utah.............................. Nay Mr. McGovern...................... Yea
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Nugent...................................... Nay Mr. Polis......................... Yea
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Dreier, Chairman............................ Nay
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Rules Committee record vote No. 170
Motion by Mr. Bishop of Utah to report the rule. Adopted:
7-4.
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Bishop of Utah.............................. Yea Mr. McGovern...................... Nay
Mr. Woodall..................................... Yea Mr. Hastings of Florida........... Nay
Mr. Nugent...................................... Yea Mr. Polis......................... Nay
Mr. Scott of South Carolina..................... Yea
Mr. Webster..................................... Yea
Mr. Dreier, Chairman............................ Yea
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SUMMARY OF AMENDMENTS MADE IN ORDER
1. Rush (IL): Would clarify that nothing in the bill
precludes the EPA Administrator from enforcing National Ambient
Air Quality Standards (NAAQS) for PM2.5 and would
delete section 3, which allows 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. (10 minutes)
2. Christensen (VI): Would 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. (10 minutes)
3. Crawford (AR): Would direct the Environmental Protection
Agency 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. (10 minutes)
4. Markey, Edward (MA): Would ensure that particulate
matter containing arsenic and other heavy metals that are
hazardous to human health is not nuisance dust and remains
subject to the Clean Air Act. (10 minutes)
5. Waxman (CA): Would require that particulate pollution
produced from mining activities is not defined as ``nuisance
dust'' and thus remains subject to the Clean Air Act. (10
minutes)
6. Flake, Jeff (AZ): Would add 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. (10
minutes)
7. Schock (IL), Capito (WV): Would require 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. (10
minutes)
8. Green, Al (TX): Would require EPA to provide a report of
the increase or decrease in the number of jobs as a result of
enactment of the bill. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Rush of Illinois or His
Designee, Debatable for 10 Minutes
In section 2, strike ``applicable to particulate matter with
an aerodynamic diameter greater than 2.5 micrometers'' and
insert ``for PM10''.
At the end of section 2, add the following: ``Nothing in this
Act precludes the Administrator from proposing, finalizing,
implementing, or enforcing the national primary ambient air
quality standard or the national secondary ambient air quality
standard for PM2.5.''.
Strike section 3.
----------
2. An Amendment To Be Offered by Representative Christensen of the
Virgin Islands or Her Designee, Debatable for 10 Minutes
In section 132(b) of the Clean Air Act, as proposed to be
added by section 3 of the bill, after ``is not regulated under
State, tribal, or local law'' insert ``at a level requisite to
protect public health (as determined by the Administrator),''.
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3. An Amendment To Be Offered by Representative Crawford of Arkansas or
His Designee, Debatable for 10 Minutes
In section 132(b) of the Clean Air Act, as proposed to be
added by section 3 of the bill, after ``insofar as the
Administrator'' insert ``, in consultation with the Secretary
of Agriculture,''.
----------
4. An Amendment To Be Offered by Representative Markey of Massachusetts
or His Designee, Debatable for 10 Minutes
In section 132(c) of the Clean Air Act, as proposed to be
added by section 3 of the bill, strike ``and'' at the end of
paragraph (1), strike the period at the end of paragraph (2)
and insert ``; and'', and add at the end the following
paragraph:
``(3) the term `nuisance dust' does not include
particulate matter containing arsenic or other heavy
metals that are hazardous to human health.''.
----------
5. An Amendment To Be Offered by Representative Waxman of California or
His Designee, Debatable for 10 Minutes
In section 132(c) of the Clean Air Act, as proposed to be
added by section 3 of the bill, strike ``and'' at the end of
paragraph (1), strike the period at the end of paragraph (2)
and insert ``; and'', and add at the end the following
paragraph:
``(3) the term `nuisance dust' does not include any
particulate matter produced from mining activities.''.
----------
6. An Amendment To Be Offered by Representative Flake of Arizona or His
Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 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.
----------
7. An Amendment To Be Offered by Representative Schock of Illinois or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 4. 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.
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8. An Amendment To Be Offered by Representative Al Green of Texas or
His Designee, Debatable for 10 Minutes
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).