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 September 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. 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.”

The AMA and ATVA need your help to pass these bills. You can find contact information for your lawmakers at AmericanMotorcyclist.com > 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.