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The U.S. Environmental Protection Agency (EPA) has proposed to exempt agriculture from new air quality standards that regulate dust particles, also known as coarse particulate matter.

The agency has said the agricultural exclusion is designed to "make clear that there is no need or basis to control these sources to obtain the public health benefits."

However, OFBF is concerned that the rules would leave the door open for environmental groups to challenge the exemption and broaden the regulations in the future.

The proposed standards would target urban sources of dust particles such as emissions from high-density traffic areas and industrial construction sites. Rural dust blown by the wind or kicked up by agricultural practices such as tilling and harvesting would be excluded.

"The nature of the particle has an impact on whether it is a human health concern," explained Larry Antosch, OFBF director of environmental research.

According to the American Farm Bureau Federation (AFBF), there is no scientific justification to impose the standards for nonurban sources of dust. AFBF points out that nonurban dust has a very low toxicity compared to urban dust, which can contain more than 100 different types of chemicals.

"The agricultural exclusion for coarse particulate matter in the final EPA rule on national air quality standard must be both meaningful and able to withstand legal challenges," said AFBF President Bob Stallman.

Although the U.S. EPA recognizes a difference in urban and rural sources of dust particles, "the issue is how do you distinguish between those two," Antosch said.

In comments submitted to the U.S. EPA, OFBF Executive Vice President Jack Fisher said standards that separate the two types of dust would be technically difficult to institute.

"It is our understanding that (the standards) will be challenged in court leading to many years of litigation," he wrote.

It would then be up to the courts to determine if the regulations should be expanded to include agriculture.

Antosch said that courts tend to error on the side of safety regarding human health issues, meaning they may be more likely to favor broader regulations.

"When you're harvesting and you see the dust and the chaff behind a bean combine, does that mean you'll need to control that?" he asked.

The U.S. EPA will issue final standards and regulations on particulate matter emissions by Sept. 27. To read OFBF's comments to the U.S. EPA in their entirety, visit www.ofbf.org and click on Ecology of Agriculture then Regulatory Action Center.