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The U.S. Environmental Protection Agency's top official has said new regulations on dust are not intended to apply to farmers but that may not mean they won't.

U.S. EPA Administrator Steve Johnson recently visited an Iowa farm to allay fears that dust kicked up by a combine at harvest may violate the new clean air standards. Johnson said that the rules are meant to apply to urban and industrial sources of dust, also known as course particulate matter. These are sources such as power plants, high-density traffic or industrial construction sites.

The EPA originally proposed excluding agriculture from the standards but dropped the exemption in its final rules, concerned it would lead to legal challenges.

"We appreciate EPA stating that it does not intend to regulate agriculture, but without specific guidance in the rules, we're left to the whim of regulatory agencies and lawsuits," said Adam Sharp, OFBF senior director of national and regulatory affairs.

During a public comment period, OFBF sent a letter to the EPA expressing concern that the rules could be broadened to include agriculture. In the letter, OFBF Executive Vice President Jack Fisher said OFBF supports "reasonable efforts" and "the use of best available science" to protect air quality.

Sharp said the EPA could have pursued other options other than eliminating the exemption.

"The EPA could have likely defended the agriculture exemption given the available data," he said, noting that such exemptions are not uncommon. "They also could have grandfathered existing farm emissions until new science can determine which, if any, agricultural situations should be regulated."

Sharp indicated that EPA's intentions might not matter several years down the road. He pointed out how the Superfund law has recently been used to sue livestock farmers.

"A law that was originally intended to regulate toxic waste is now being interpreted by the courts to include livestock manure," he said. "When that law was passed, most people never dreamed it could be applied to agriculture."

Caption: The EPA has said it does not intend to regulate agricultural dust.