House Passes “Farm Dust” Particulate Bill

The Farm Dust Regulation Prevention Act, H.R. 1633, which would prevent the EPA from issuing any new rule over the next year that regulates “nuisance dust,” passed the U.S. House of Representatives on a 268-150 vote.

The bill is a reaction to the possibility that the EPA might issue a rule regulating “nuisance dust” from farms and ranches. In the bill, nuisance dust is defined as particulate matter that is “generated primarily from natural sources, unpaved roads, agricultural activities, earth moving, or other activities typically conducted in rural areas.”

The bill would establish a one-year prohibition on any changes by the EPA to the National Ambient Air Quality Standard (NAAQS) for coarse particulate matter. In addition, the bill would allow only the states, not the EPA, to regulate “nuisance dust.”

Democrats and the Obama administration argued that the bill is an overly broad attempt to stop a regulation that does not exist. They are skeptical of the bill because attempts to amend the bill to limit the definition of “nuisance dust” were rejected, and the EPA has said it does not have plans to regulate farm dust.

The bill is unlikely to go any further as the Senate has indicated it will not take it up, and the Obama administration has already said it would veto the bill.

This post was authored by GLLF staff attorney Emily Kelchen.