Congresswoman Kristi Noem’s “nuisance dust” bill got some informative comments in the previous post.
The bill does, as Cory Heidelberger points out, attempt to exempt an entire category of “particulate matter” from the federal Clean Air Act. Permanently, too, not just for a year it would seem.
Given that, the section about holding the EPA off on any new regulations for a year seems quite superfluous. Add to that the fact that Noem’s talking points seem to address that section of the bill, with this from last week’s call with reporters:
While we’re in the middle of tough economic times, this gives certainty to our ag producers.
And one has to wonder if the year-long moratorium is nothing more than a talking point forged into legislation.
There’s another twist, in that Noem’s bill would allow the EPA to regulate “nuisance dust” when the state, local or tribal governments don’t do so already. So in South Dakota, where the DENR’s practice is to often mimic federal law as state law for environmental regulations, how would that work?
Would Congress really cede federal authority to the states? Well, not really. Not now, anyway, as the Democrat-controlled Senate is more likely to vote Dusty Johnson in as an honorary member than it is to pass the nuisance dust bill.