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  • So, now we are regulating farm dust.

    Will it ever end?

    EPA says farm dust requires regulation

    DES MOINES, Iowa – Nothing says summer in Iowa like a cloud of dust behind a combine.

    But what may be a fact of life for farmers is a cause for concern to federal regulators, who are refusing to exempt growers from new environmental regulations.

    It's left some farmers feeling bemused and more than a little frustrated.

    "It's such a non-commonsense idea that you can keep dust within a property line when the wind blows," said Sen. Charles Grassley, a member of the Senate Agriculture Committee who still farms in northeast Iowa.

    Under rules imposed in 2006, rural areas would be kept to the same standards as urban areas for what the Environmental Protection Agency calls "coarse particulate matter" in the air.

    The American Farm Bureau Federation and the National Pork Producers Council had petitioned the government to provide an exemption to farmers. They argued that evidence of harm caused by dust in rural areas hasn't been determined.

    But the U.S. District Court of Appeals in Washington ruled Tuesday that the EPA had already provided the evidence necessary to determine farm dust "likely is not safe."

    Michael Formica, a lawyer for the pork council, said this means farmers now face the daunting task of proving a negative — that the dust is not harmful.

    Formica said his and other groups will consider a further appeal.

    Farmers said they will be hard-pressed to meet the standards.

    In a letter sent Wednesday to the EPA, Grassley wrote that compliance would be impossible because of the dust produced in farmers' day-to-day activities.

    Grassley also has noted that because many rural roads are not paved, particulate readings could be affected by wind gusts that constantly change.

    "After all, God decides when the wind blows, not Chuck Grassley," he said.

    But the EPA said the regulation was overdue.

    Every five years, the Clean Air Act requires the agency to review the newest scientific information and recommend changes to its standards.

    In 2006, the EPA determined larger particles in the air than previously thought were a danger to the public. The increased threshold covered air mixes that occur in rural areas.

    EPA spokeswoman Cathy Milbourn said the changes are not just a matter of regulating dust. They serve the public's well-being and, regardless of whether someone lives in a rural or urban area, the threshold for unsafe levels of dust in the air must remain consistent nationally.

    "It's health-based," she said. "We don't look at a particular industry. The goal is to protect public health."

    When counties reach "non-attainment" levels, it becomes a state's responsibility to bring the county back into acceptable levels.

    Milbourn said various options exist for states, such as retrofitting buses that run on diesel engines.

    But farmers insist the regulation will affect their operations and eventually their bottom lines. And they said unlike fixing a bus, they have few options for limiting dust from their fields and roads.

    Roger Zylstra, a director with the Iowa Corngrowers Association, said if left alone, farmers can compete worldwide. But regulation could impede their success.

    He said there seems to be a disconnect between farmers and policymakers.

    "Many of the people that are making the rules, it feels like they really don't know what (farming) issues are," said Zylstra, a Lynnville resident who has worked on a farm for 35 years.

    Zylstra said it's hard not to get frustrated.

    "We think we've met the demands that have been put upon us and lo and behold, we have new and even more stringent demands. It seems really unrealistic."


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    I planned to set up a small organic fruit and vegtable farm on my property, nothing big, just something to cover the mortgage. Now I'm starting to wonder if it's worth the effort.
    No, I did not steal that from somebody on Something Awful.

  • #2
    How stupid.
    Life is not measured by the number of breaths you take, but by the moments that take your breath away.
    "Hating America is something best left to Mobius. He is an expert Yank hater.
    He also hates Texans and Australians, he does diversify." ~ Braindead

    Comment


    • #3
      Great idea. Air pollution is air pollution especially since there are easy ways to mitigate this problem. Next up farm run off which causes ocean dead zones.
      Try http://wordforge.net/index.php for discussion and debate.

      Comment


      • #4
        I can't believe a geologist just agreed that dust control in the great plains is a good idea.
        No, I did not steal that from somebody on Something Awful.

        Comment


        • #5
          Originally posted by SlowwHand View Post
          How stupid.
          I concur. The policy makers who propose this really must have their heads up their asses.
          A lot of Republicans are not racist, but a lot of racists are Republican.

          Comment


          • #6
            Well, they have Oerdin on their side. I don't know that it makes their argument any more sound, but there you have it.
            Life is not measured by the number of breaths you take, but by the moments that take your breath away.
            "Hating America is something best left to Mobius. He is an expert Yank hater.
            He also hates Texans and Australians, he does diversify." ~ Braindead

            Comment


            • #7
              Originally posted by Oerdin View Post
              Great idea. Air pollution is air pollution especially since there are easy ways to mitigate this problem. Next up farm run off which causes ocean dead zones.
              Can you elaborate?
              (\__/)
              (='.'=)
              (")_(") This is Bunny. Copy and paste bunny into your signature to help him gain world domination.

              Comment


              • #8
                As a city boy, I have no opinion on this regulation.

                But I do think it's interesting that the regulation was put into place when the GOP had control of the White House and both houses of Congress, but Chuck Grassley has decided to whinge about it only now that his party is completely out of power.
                "I have as much authority as the pope. I just don't have as many people who believe it." — George Carlin

                Comment


                • #9
                  The regulation was put in place in 2006, and it's been fought in the courts since then. The appeals decision requires a new line of action. It isn't just Grassley doing this.
                  No, I did not steal that from somebody on Something Awful.

                  Comment


                  • #10
                    Originally posted by notyoueither View Post
                    Can you elaborate?
                    Spraying with water keeps down dust. If it can work on giant construction sites then it can work on farms.
                    Try http://wordforge.net/index.php for discussion and debate.

                    Comment


                    • #11
                      I'm not sure that would be very easy in some areas.
                      (\__/)
                      (='.'=)
                      (")_(") This is Bunny. Copy and paste bunny into your signature to help him gain world domination.

                      Comment


                      • #12
                        It does work on construction sites though I'll give you in some areas it might not be the easiest thing ever. Never the less it is doable in most cases.
                        Try http://wordforge.net/index.php for discussion and debate.

                        Comment


                        • #13


                          Capital Press Agriculture Weekly

                          3/5/2009 10:14:00 AM Email this article • Print this article
                          Comment on this article


                          EPA dust regulations open door to future problems
                          Last week, the U.S. Court of Appeals in Washington, D.C., dealt a potential body blow to farmers and ranchers when it upheld the Environmental Protection Agency's authority to regulate dust levels in rural areas.

                          By our reading, it isn't the rules themselves but the enforcement of them by the states and the next round of reviews that should be of greatest concern to the ag community.

                          In 2006, the EPA proposed new rules covering the regulation of, among other things, coarse particulate matter - dust often produced by mechanical means. In the city it is produced by demolition, construction and excavation. In the country, it's produced by farm equipment churning up the soil, hooves pawing at dirt and cars and trucks driving down gravel roads.

                          The EPA had originally considered exempting farm and mining operations from the regulations. It had also considered separate standards on coarse particulate matter for rural and urban areas. Both options were rejected by the agency as the final rules were drawn up.

                          Several farm groups filed suit, offering technical challenges to the EPA's authority. All were rejected by the court.

                          By nature, farming and ranching are dusty affairs. First, there's a lot of dirt involved - dirt that gets kicked up by plows, cultivators, harvesters and livestock. Anywhere you have dirt, you have dust. Combines throw out a lot of chaff as they wind through dry fields at the end of the growing season.

                          The EPA's rules do not seek to regulate any specific source of coarse particulate matter, or any activity that produces dust. They do not impose sanctions on offending entities. It is left to the states to make sure that various regions within their borders meet the air quality standards, and to take action when they don't.

                          That's where things could get dicey for the farm community.

                          The EPA reasoned that if a particular area was found to be out of compliance, most efforts to reduce both fine and coarse particulate levels should take place in the urban and industrial areas, and enforcement efforts targeted against specific sources to the extent they contribute to the problem. The EPA also noted that it believes "conservation systems and activities" approved by the USDA, where implemented, would satisfy its requirement of reasonable control measures.

                          We could only hope. By not specifically exempting farming activities, however, the EPA left the barn door wide open for the states to be creative in the way they enforce the regulations. In that instance, what's reasonable and viable might lose out to more radical agendas.

                          Also vexing is the fact that the EPA is set to re-evaluate the dust standard every five years. It's unlikely the standard will be relaxed, and most probable that it will be made more restrictive.

                          The fact is, there is only so much even the most innovative operators can do to cut down on dust in many circumstances. Farmers rightfully worry that even the best practices of the industry won't be enough to protect them.




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                          There, another article, no Grassly.
                          No, I did not steal that from somebody on Something Awful.

                          Comment


                          • #14
                            Then of course there is the fact that soil doesn't need to be completely turned over every time so you don't need to use a deep till every time which would eliminate half of the chances for such dust to enter the atmosphere. Tilling during rainy weather would also help keep down dust. Using no till farming techniques does the same. There are lots of ways to lower or even eliminate this problem with very little effort.
                            Try http://wordforge.net/index.php for discussion and debate.

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                            • #15
                              Tilling during rainy weather in clay soil will result baked clay-like clumps that are unsuitable for planting.
                              No, I did not steal that from somebody on Something Awful.

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