The Environmental Protection Agency could extend its authority to regulate dust under the Clean Air Act.

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More EPA rules prod a fight from rural residents, many of whom are fed up or leery of intrusion of government agencies.

A District of Columbia Court of Appeals heard oral arguments Sept. 15 on the National Cattlemen’s Beef Association’s appeal of the EPA rule to regulate dust.

“NCBA supports dust control measures, and our producers carry them out every day of the year,” said Tamara Thies, an attorney for the NCBA.

Thies said the rule would amount to an unattainable level of dust control, which could force producers to sell cattle to comply.

Enforcing the standard of dust regulation would cover activities such as tillage, cattle movements, driving on unpaved roads, as well as planting and harvesting crops, the NCBA said.

“This could be devastating for America’s cattle producers,” Thies said.

EPA released a final rule in October 2006 on regulating particles in the air under the Clean Air Act, and said states should focus on regulating dust in urban areas instead of rural areas. However, agricultural dust would nevertheless be subject to regulation under the final rule.

Every five years, the EPA is required to review scientific studies associated with pollutants regulated under the National Ambient Air Quality Standards (NAAQS) of the Clean Air Act to determine if the pollutant is regulated appropriately.

Dust has been included as a pollutant, despite the fact that the NAAQS is a health-based standard. In order to regulate a pollutant under NAAQS, scientific studies must show that the pollutant causes adverse health effects. There is no scientific evidence that dust causes adverse health effects that would justify inclusion in these standards, the NCBA said.