Action Alert: House To Vote This Week On Bill To Exempt Dust From EPA Regulation

December 2011 Powersport News

It is expected for the House of Representatives to consider H.R.1633, the Farm Dust Regulation Prevention Act of 2011, this week. The American Motorcyclist Association (AMA) and the All-Terrain Vehicle Association (ATVA), a partner organization, urge Representatives to vote Yes on H.R. 1633, and will score the vote on behalf of its membership. Every Representative was informed in a letter of the organization's intent to score this vote as a Yes.

On April 15, 2011, Reps. Kristi Noem (R-SD), Robert Hurt (R-VA),Leonard Boswell (D-IA) and Larry Kissell (D-NC) introduced H.R. 1633, the "Farm Dust Regulation Prevention Act of 2011." Senator Mike Johanns (R-NE) introduced its companion bill (S. 1528) on Sept. 8, 2011. The bills would bring much-needed certainty to the off-highway vehicle (OHV) community by exempting rural "nuisance dust" from U.S. Environmental Protection Agency (EPA) regulation and allow states and localities to regulate it. This regulatory restraint may lead to a de facto ban of OHV use on racetracks, in designated recreation areas, on trails and even on private property all across this country.

The EPA staff and its Clean Air Science Advisory Council in its review of the National Ambient Air Quality Standards as required every five years under the Clean Air Act recommended considering the option of a much tighter Particulate Matter (PM) standard for "nuisance dust," commonly known as farm dust.

The EPA Administrator Lisa P. Jackson, in a letter, dated Oct. 14, 2011, addressed to Chairman Debbie Stabenow (D-MI) of the Senate Agriculture, Nutrition and Forestry, stated, "I am prepared to propose the retention-with no revisions-of the current PM10 standard and form when it is sent to OMB [Office of Management and Budget] for interagency review."

To view the letter, click here.

On Nov. 29, 2011, the House Energy & Commerce Committee, chaired by Rep. Fred Upton (R-MI), voted 33 - 16 in support of H.R. 1633. The bill will now be considered by the House. However, no date has been scheduled.

To view the roll call vote, click here.

On Nov. 3, 2011, Rep. Ed Whitfield (R-KY), chair of the Energy and Power Subcommittee of the Energy and Commerce Committee, stated in his opening statement at a markup that "...the PM10 standards themselves have a track record of changing from the proposal to the final stage, as occurred with both the 1997 and 2006 PM10 standards. The fact that EPA staff and its advisory committee have clearly recommended considering the option of a much tighter farm dust standard in its rulemaking record only heightens concerns about what its final rule might do and what it would cost."

To view Rep. Whitfield's statement and to view an archive webcast of the markup, click here.

With the possibility of a tougher PM10 standard still a possibility, the American Motorcyclist Association (AMA) and the All-Terrain Vehicle Association (ATVA) support the passage of H.R. 1633 and S. 1528, which will provide much-needed certainty to the OHV community by exempting rural "nuisance dust."

To view an AMA and ATVA letter of support for H.R. 1633 addressed to Chairman Fred Upton and Ranking Member Henry Waxman, click here. In addition to the letter, the AMA and ATVA signed onto a coalition letter led by the National Cattlemen's Beef Association.  To view the letter, click here.

The AMA and ATVA need your help to pass these bills. You can find contact information for your lawmakers at > Rights > Issues & Legislation, then enter your zip code in the "Find your Officials" box. A prewritten e-mail is available for you to send to your federal elected official immediately by following the "Take Action" option and entering your information.

Again, the AMA and ATVA urge you to write your Representative and Senators today and ask them to support H.R.1633 and S. 1528.

Go to this link and push the "Take Action" button:


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