HR1633 | US Congress 2011-2012 | Farm Dust Regulation Prevention Act of 2011

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On December 13, 2011 in the Senate:

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

On December 12, 2011 in the Senate:

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

On December 8, 2011 in the House:

Rule H. Res. 487 passed House.
Considered under the provisions of rule H. Res. 487 .
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.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 487 and Rule XVIII.
The Speaker designated the Honorable Steve Womack to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1633 .
H.AMDT.901 Amendment offered by Mr. Rush. Amendment sought to clarify that nothing in the bill precludes the EPA Administrator from enforcing National Ambient Air Quality Standards 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.
DEBATE - Pursuant to the provisions of H.Res. 487 , the Committee of the Whole proceeded with 10 minutes of debate on the Rush amendment.
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.
H.AMDT.902 Amendment offered by Mrs. Christensen. 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.
DEBATE - Pursuant to the provisions of H.Res. 487 , the Committee of the Whole proceeded with 10 minutes of debate on the Christensen amendment.
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.
H.AMDT.903 Amendment offered by Mr. Crawford. 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 of the Farm Dust Regulation Prevention Act of 2011.
DEBATE - Pursuant to the provisions of H.Res. 487 , the Committee of the Whole proceeded with 10 minutes of debate on the Crawford amendment.
H.AMDT.903 On agreeing to the Crawford amendment Agreed to by voice vote.
H.AMDT.904 Amendment offered by Mr. Markey. 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.
DEBATE - Pursuant to the provisions of H.Res. 487 , the Committee of the Whole proceeded with 10 minutes of debate on the Markey amendment.
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.
H.AMDT.905 Amendment offered by Mr. Waxman. 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.
DEBATE - Pursuant to the provisions of H.Res. 487 , the Committee of the Whole proceeded with 10 minutes of debate on the Waxman amendment.
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.
H.AMDT.906 Amendment offered by Mr. Flake. Amendment adds sense of Congress language regarding an approach to excluding so-called "exceptional events" from determinations of whether an area is in compliance with the coarse particulate matter standard.
DEBATE - Pursuant to the provisions of H.Res. 487 , the Committee of the Whole proceeded with 10 minutes of debate on the Flake amendment.
H.AMDT.906 On agreeing to the Flake amendment Agreed to by voice vote.
H.AMDT.907 Amendment offered by Mr. Schock. 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.
DEBATE - Pursuant to the provisions of H.Res. 487 , the Committee of the Whole proceeded with 10 minutes of debate on the Schock amendment.
H.AMDT.907 On agreeing to the Schock amendment Agreed to by voice vote.
H.AMDT.908 Amendment offered by Mr. Green, Al. 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 made by section 3 of this Act).
DEBATE - Pursuant to the provisions of H.Res. 487 , the Committee of the Whole proceeded with 10 minutes of debate on the Al Green amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Al Green 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.
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.
H.AMDT.901 On agreeing to the Rush amendment Failed by recorded vote: 150 - 255 .
H.AMDT.902 On agreeing to the Christensen amendment Failed by recorded vote: 159 - 250 .
H.AMDT.904 On agreeing to the Markey amendment Failed by recorded vote: 165 - 249 .
H.AMDT.905 On agreeing to the Waxman amendment Failed by recorded vote: 158 - 257 .
H.AMDT.908 On agreeing to the Green, Al amendment Failed by recorded vote: 170 - 247 .
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1633 .
The previous question was ordered pursuant to the rule.
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.
Ms. DeGette moved to recommit with instructions to Energy and Commerce.
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.
The previous question on the motion to recommit with instructions was ordered without objection.
On motion to recommit with instructions Failed by recorded vote: 166 - 252 .
On passage Passed by recorded vote: 268 - 150 .
Motion to reconsider laid on the table Agreed to without objection.

On December 7, 2011 in the House:

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.

On December 6, 2011 in the House:

Reported by the Committee on Energy and Commerce. H. Rept. 112-316 .
Placed on the Union Calendar, Calendar No. 215.

On November 29, 2011 in the House:

Committee Consideration and Mark-up Session Held.
Ordered to be Reported by the Yeas and Nays: 33 - 16.

On November 3, 2011 in the House:

Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee .

On October 25, 2011 in the House:

Subcommittee Hearings Held.

On April 25, 2011 in the House:

Referred to the Subcommittee on Energy and Power.

On April 15, 2011 in the House:

Referred to the House Committee on Energy and Commerce.

H.AMDT.901

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.

H.AMDT.902

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.

H.AMDT.903

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.

H.AMDT.904

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.

H.AMDT.905

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.

H.AMDT.906

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.

H.AMDT.907

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.

H.AMDT.908

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).