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	<title>Jim.PrayTech.COM</title>
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	<link>http://jim.praytech.com</link>
	<description>Iowa Environmental Law</description>
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		<title>DNR Now Has Updated NPDES Permit Status Reports</title>
		<link>http://jim.praytech.com/?p=149</link>
		<comments>http://jim.praytech.com/?p=149#comments</comments>
		<pubDate>Tue, 24 Aug 2010 15:41:43 +0000</pubDate>
		<dc:creator>James Pray</dc:creator>
				<category><![CDATA[Articles]]></category>

		<guid isPermaLink="false">http://jim.praytech.com/?p=149</guid>
		<description><![CDATA[<p>In a recent release, the DNR&#8217;s Water Quality Section states:</p>
<p>The Iowa Department of Natural Resources has recently added a document titled “DNR Guidelines for Bacteria Analysis” to the newly re-titled Bacteria Sampling NPDES page at http://www.iowadnr.gov/water/npdes/calculator.html .  This document provides sample hold time guidelines for laboratories and NPDES permittees for the analysis of non-potable [...]]]></description>
			<content:encoded><![CDATA[<p>In a recent release, the DNR&#8217;s Water Quality Section states:</p>
<p>The Iowa Department of Natural Resources has recently added a document titled “DNR Guidelines for Bacteria Analysis” to the newly re-titled Bacteria Sampling NPDES page at <a href="http://www.iowadnr.gov/water/npdes/calculator.html">http://www.iowadnr.gov/water/npdes/calculator.html</a> .  This document provides sample hold time guidelines for laboratories and NPDES permittees for the analysis of non-potable samples (including NPDES compliance and private septic samples) for fecal coliform and Escherichia coli (E. coli).  Any laboratories or NPDES permittees with questions about the holding time for bacteria samples should refer to this document.</p>
<p>The Iowa DNR has also added a new page titled “Permit Delay Reasons”  at <a href="http://www.iowadnr.gov/water/npdes/delay.html">http://www.iowadnr.gov/water/npdes/delay.html</a>.   This page contains an EXCEL spreadsheet with information on the issuance status of individual NPDES permits. The Delay Reasons spreadsheet contains the facility name, facility number, permit writer, permit issuance and expiration dates, permit status, permit application dates, and the reason the permit issuance is delayed.  The spreadsheet can be downloaded and manipulated to provide customized lists of information.  Both the spreadsheet and the webpage contain a definition of the terms used in the delay list and contact information for current permit writers.</p>
<p>I checked out the permit status pages and they work. </p>
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		<title>DeCoster and Wright County Egg Issue</title>
		<link>http://jim.praytech.com/?p=138</link>
		<comments>http://jim.praytech.com/?p=138#comments</comments>
		<pubDate>Sat, 21 Aug 2010 14:36:29 +0000</pubDate>
		<dc:creator>James Pray</dc:creator>
				<category><![CDATA[Articles]]></category>

		<guid isPermaLink="false">http://jim.praytech.com/?p=138</guid>
		<description><![CDATA[<p>The handling of the DeCoster/Wright County Egg recall is an example of how not to handle a national food contamination issue. I don&#8217;t buy for a second that the apparently limited recall of eggs from DeCoster related egg farms (Wright County Egg)  is adequate. If the farms are contaminated, and if contaminated feed and [...]]]></description>
			<content:encoded><![CDATA[<p>The handling of the DeCoster/Wright County Egg recall is an example of how not to handle a national food contamination issue. I don&#8217;t buy for a second that the apparently limited recall of eggs from DeCoster related egg farms (Wright County Egg)  is adequate. If the farms are contaminated, and if contaminated feed and hens are being shipped out of DeCoster-run egg farms to additional farms in the Midwest, then there is no way that officials can limit salmonella enteritidis exposure by just removing a selected set of eggs from the store shelves. The facility should be shut down pending a full investigation. A search of the official reports on the FDA website do not state that any such shut-down has occurred.  If they don&#8217;t say that they took this step then one must assume that they did not.  If not, then the FDA needs to put on hold shipments of eggs from all facilities that have shared any product or hens from the infected facilities. There has been a lack of <em>adequate</em> assurances backed by facts to assure the public of egg safety. All I&#8217;ve heard are repeated statements that this is just a limited problem and that the egg supply is safe. In fact, an industry group was talking about that just minutes before the second plant (Hillandale Farms of Iowa out of New Hampton) was fingered as possibly causing more poisoning cases. It is interesting that the Hillandale Farms recall was voluntary.   It is not enough to simply say that this problem has been solved so everyone can go back to eating their eggs.  If neither the iindustry nor the FDA explain the steps taken to make certain that the food supply is safe then in my opinion the only logical reaction for me is to avoid eggs as much as possible until those assurances are made. You need to make your own decision after looking at all of the available information. </p>
<p>The FDA gets some credit for pushing through egg production safety regulations that are just now taking effect, despite intense opposition from some in the egg industry (See this letter as an example:  <a href="http://www.fda.gov/ohrms/dockets/dockets/00n0504/00n-0504-c000265-01-vol20.pdf">Ohio Poultry Association</a>&#8220;The proposed regulations will cost the producer, cost state government, and cost the federal government.&#8221; and &#8220;These barns/houses have (and will always have) manure and waste products associated with them, so it seems unuusal to hold barns to the same standards as food processors.&#8221; and  &#8220;The Ohio Poultry Association has great concern over FDA&#8217;s proposed direct involvement in raw agricultural production, when in fact, USDA APHIS and FSIS are far more qualified to address disease and pathogen risk reduciton in live animal production operations.&#8221;</p>
<p>Since May 2010, there has been a four-fold increase in the number of cases of Salmonella Enteritidis infections. </p>
<p><a href="http://www.foodsafety.gov/keep/types/eggs/index.html">FDA Site</a></p>
<p><a href="http://www.cdc.gov/Features/SalmonellaEggs/">CDC&#8217;s Tips to Reduce Your Risk of Salmonella from Eggs</a></p>
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		<title>Globalization, Wood Pallets, Tree Pests, and the Ozone Layer</title>
		<link>http://jim.praytech.com/?p=135</link>
		<comments>http://jim.praytech.com/?p=135#comments</comments>
		<pubDate>Fri, 20 Aug 2010 18:05:18 +0000</pubDate>
		<dc:creator>James Pray</dc:creator>
				<category><![CDATA[Articles]]></category>

		<guid isPermaLink="false">http://jim.praytech.com/?p=135</guid>
		<description><![CDATA[<p>What do world trade, wood pallets, tree pests and the ozone layer have in common? In a well-written article appearing in the Drake Journal of Agricultural Law entitled &#8220;Analysis of ISPM 15 and its Impact on the Wood Pallet Industry, Nicole Woodroffe discusses in detail an issue I did not know even existed. Volume 15, [...]]]></description>
			<content:encoded><![CDATA[<p>What do world trade, wood pallets, tree pests and the ozone layer have in common? In a well-written article appearing in the Drake Journal of Agricultural Law entitled &#8220;Analysis of ISPM 15 and its Impact on the Wood Pallet Industry, Nicole Woodroffe discusses in detail an issue I did not know even existed. Volume 15, No. 1 (Spring 2010) I will just summarize some of the surprising facts:</p>
<p>1. Wood Pallets can follow products shipped around the world.<br />
2. Wood can contain a large variety of diseases, insects, and pests if not treated.<br />
3. Wood pallets can be a vector for exotic diseases and pests that can infect local trees once the pallets reach a new destination.<br />
4. An international standard has been developed mandating that pallets and other wood packing material be heat or chemically treated before it can be used for overseas shipping.<br />
5. One of those solutions is an ozone-depleting gas &#8211; methyl bromide.</p>
<p>Something one never thinks about. </p>
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		<title>My Problem with Legal Software Marketing</title>
		<link>http://jim.praytech.com/?p=130</link>
		<comments>http://jim.praytech.com/?p=130#comments</comments>
		<pubDate>Fri, 20 Aug 2010 16:55:54 +0000</pubDate>
		<dc:creator>James Pray</dc:creator>
				<category><![CDATA[Articles]]></category>

		<guid isPermaLink="false">http://jim.praytech.com/?p=130</guid>
		<description><![CDATA[If I want to buy some software to help my legal practice, the software company's licensing system requires that I pay a "per seat" fee that is multiplied by the number of attorneys in my firm, regardless of whether they want or would even use that software. So, before I can buy software, I have to convince dozens of attorneys that it is worth spending $30,000 so I can have some software (unlikely) or that it is worth them getting the software as well and supporting me in my effort to get the rest of the firm to get the software as well. [...]]]></description>
			<content:encoded><![CDATA[<p>Lets say that you want to trim the forsythia bush in front of your house. You could take a knife and try to cut each branch individually. It might take a long time, but you could eventually get the job done. Alternative, you could get a hedge trimmer and cut off the errant branches in seconds. But what if you don’t own a hedge trimmer? Do you go to the store and buy one? You would think so. But wait, what if before you could buy that hedge trimmer you had to track get each and every household in your entire neighborhood to agree to simultaneously purchase the same model of trimmer from the same store? Why, that would be absurd! It would be a rare person who would ever get to buy a hedge trimmer. Instead, they would be relegated to taking out their pocket knife and slowly sawing through each individual branch. </p>
<p>Such is the state of affairs in the legal world. If I want to buy some software to help my legal practice, the software company’s licensing system requires that I pay a “per seat” fee that is multiplied by the number of attorneys in my firm, regardless of whether they want or would even use that software. So, before I can buy software, I have to convince dozens of attorneys that it is worth spending $30,000 so I can have some software (unlikely) or that it is worth them getting the software as well and supporting me in my effort to get the rest of the firm to get the software as well. </p>
<p>I can understand this approach for basic software such as the Microsoft Office products, which is ubiquitous and used by all. What I can’t understand is why this marketing and business model is supposed to work for other products. Take CAD/CAM or photo editing software. This software is used by many large companies. Those companies buy the software to the users in the design or art departments and are not forced to buy copies for, say, the marketing or maintenance departments. </p>
<p>Of course, this monolithic approach has been used so long that software companies have written their products so that they must be implemented on an enterprise-wide level. Even if they wanted to allow a smaller number of users to use the product, it would require re-writing the code and a wholesale rethinking of how the product works. However, there is a market out there for individual productivity products that is not being me. Create the product and the market will be there. </p>
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		<title>Koch Industries buys two Iowa ethanol plants</title>
		<link>http://jim.praytech.com/?p=127</link>
		<comments>http://jim.praytech.com/?p=127#comments</comments>
		<pubDate>Thu, 19 Aug 2010 15:04:00 +0000</pubDate>
		<dc:creator>James Pray</dc:creator>
				<category><![CDATA[Articles]]></category>

		<guid isPermaLink="false">http://jim.praytech.com/?p=127</guid>
		<description><![CDATA[<p>Flint Hills Resources, an independent subsidiary of Koch Industries, has won an auction to purchase two ethanol plants owned by Hawkeye Growth.  Both plants share the highly successful Fagen 110 million gallon design. The plants are in Menlo and Shell Rock. The auction was instituted by the primary lender, The Royal bank of Scotland [...]]]></description>
			<content:encoded><![CDATA[<p>Flint Hills Resources, an independent subsidiary of Koch Industries, has won an auction to purchase two ethanol plants owned by Hawkeye Growth.  Both plants share the highly successful Fagen 110 million gallon design. The plants are in Menlo and Shell Rock. The auction was instituted by the primary lender, The Royal bank of Scotland plc even though Hawkeye Growth claimed that it was not in default.  The owners of Hawkeye Growth were reportedly outbid. </p>
<p><a href="http://www.desmoinesregister.com/article/20100818/BUSINESS01/8180344/-1/BOYSSTATEHOOPS/Oil-company-buys-2-ethanol-plants">Des Moines Register Article</a></p>
<p><a href="http://www.biofuelsjournal.com/articles/Flint_Hills_Resources_to_Acquire_Former_Hawkeye_Ethanol_Plants_in_Menlo_and_Shell_Rock__IA-97596.html">Biofuels Journal Article</a></p>
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		<title>Minnesota Finally issues new Industrial Stormwater Rules</title>
		<link>http://jim.praytech.com/?p=123</link>
		<comments>http://jim.praytech.com/?p=123#comments</comments>
		<pubDate>Mon, 16 Aug 2010 19:14:43 +0000</pubDate>
		<dc:creator>James Pray</dc:creator>
				<category><![CDATA[Articles]]></category>

		<guid isPermaLink="false">http://jim.praytech.com/?p=123</guid>
		<description><![CDATA[<p>My clients in Minnesota are pleased that after years of litigation and the continued reliance upon expired industrial stormwater rules that Minnesota now has new rules. They may not be as pleased to see that the rules include additional regulatory steps, including as a key component the requirement to &#8220;shelter&#8221; pollutant containing materials from exposure [...]]]></description>
			<content:encoded><![CDATA[<p>My clients in Minnesota are pleased that after years of litigation and the continued reliance upon expired industrial stormwater rules that Minnesota now has new rules. They may not be as pleased to see that the rules include additional regulatory steps, including as a key component the requirement to &#8220;shelter&#8221; pollutant containing materials from exposure to stormwater.  For ethanol plants this generally translates to taking steps to better control dust exiting both the grain receiving areas and DDG storage.  </p>
<p><a href="http://www.pca.state.mn.us/index.php/water/water-types-and-programs/stormwater/industrial-stormwater/industrial-stormwater-no-exposure.html?menuid=&#038;missing=0&#038;redirect=1">Rules Link</a></p>
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		<title>Federal District Court Vacates USDA decision to allow GMO Sugar Beets</title>
		<link>http://jim.praytech.com/?p=119</link>
		<comments>http://jim.praytech.com/?p=119#comments</comments>
		<pubDate>Mon, 16 Aug 2010 19:01:36 +0000</pubDate>
		<dc:creator>James Pray</dc:creator>
				<category><![CDATA[Articles]]></category>

		<guid isPermaLink="false">http://jim.praytech.com/?p=119</guid>
		<description><![CDATA[<p> Judge Jeffrey White of the United States District Court for the Northern District of California issued a ruling on August 13, 2010 vacating a USDA decision to allow Monsanto to continue to plant Genuity® Roundup Ready® (GMO) sugar beets. Based on the recent press reports, there seems to be some confusion regarding the nature [...]]]></description>
			<content:encoded><![CDATA[<p> Judge Jeffrey White of the United States District Court for the Northern District of California issued a ruling on August 13, 2010 vacating a USDA decision to allow Monsanto to continue to plant Genuity® Roundup Ready® (GMO) sugar beets. Based on the recent press reports, there seems to be some confusion regarding the nature of this ruling. First, this is a follow-up to an earlier ruling on September 2009, in which the Court ruled that the decision by the United States Department of Agriculture (“USDA”) and its Animal and Plant Health Inspection Service (“APHIS”) to deregulate a variety of genetically engineered sugar beets without preparing an environmental impact statement (“EIS”) violated the National Environmental Policy Act, 42 U.S.C. §§ 4321-4335 (“NEPA”). The same court subsequently held that it would not issue a preliminary injunction. The ruling issued on August 13, 2010 took up the issue of a permanent remedy.  Although a permanent injunction was not issued, by issuing this vacatur, genetically engineered sugar beets are once again regulated articles pursuant to the Plant Protection Act.  This has the effect of prohibiting all future plantings until further action by APHIS. </p>
<p>Potential Impact.  The current crop of more than one million acres of the GMO sugar beets can still be harvested, but the next crop cannot be planted until after the USDA submits an environmental impact statement, which could take years and be the subject of further judicial and administrative scrutiny. This may be complicated by the fact that 95% of all sugar beets are now genetically engineered. Since half of the sugar in the United States comes from sugar beets, look for production problems next year.  Any non-GMO seed stock would already have to be nearing harvest in order to be available next year.  It is likely that there will be disruptions and price increases.  </p>
<p>It is obvious that other GMO agricultural products could be subject to similar attacks.  If a court issued a permanent injunction on a major food crop such as corn or soybeans, the resulting chaos can hardly be imagined.  The variety and competition available in those products may make the likelihood of a single ruling having a major market effect unlikely.  However, this does outline the necessity to avoid short cuts (I am giving the plaintiffs and the court the benefit of the doubt for the sake of argument) when regulatiing GMO products. </p>
<p>This ruling followed a lawsuit filed on January 21, 2008 by the Center for Food Safety and other groups in the District Court for the Northern District of California challenging the deregulation of Roundup Ready sugarbeets by the USDA.  These sugarbeets have been on the market since 2005. </p>
<p><a href="http://graphics8.nytimes.com/packages/pdf/business/20100813Order.pdf">Order Regarding Remedies</a></p>
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		<title>EPA Files Enforcement Actions Against 8 NW Iowa Feedlots</title>
		<link>http://jim.praytech.com/?p=117</link>
		<comments>http://jim.praytech.com/?p=117#comments</comments>
		<pubDate>Fri, 13 Aug 2010 15:21:48 +0000</pubDate>
		<dc:creator>James Pray</dc:creator>
				<category><![CDATA[Articles]]></category>

		<guid isPermaLink="false">http://jim.praytech.com/?p=117</guid>
		<description><![CDATA[<p>EPA Region 7 has filed administrative compliance orders against eight beef feedlot operations in northwest Iowa for alleged violations of the Clean Water Act.  This is part of a targeted enforcement emphasis aimed at feedlots. The parties subject to the enforcement actions include:</p>
<p>Todd Bartman, doing business as Bartman Farms, of Rock Valley, Iowa, must [...]]]></description>
			<content:encoded><![CDATA[<p>EPA Region 7 has filed <a href="http://yosemite.epa.gov/opa/admpress.nsf/0/20380c11e7bca0718525777d005514f7?OpenDocument">administrative compliance orders </a>against eight beef feedlot operations in northwest Iowa for alleged violations of the Clean Water Act.  This is part of a targeted enforcement emphasis aimed at feedlots. The parties subject to the enforcement actions include:</p>
<p>Todd Bartman, doing business as Bartman Farms, of Rock Valley, Iowa, must apply for a National Pollution Discharge Elimination System (NPDES) permit and complete wastewater controls at his facilities by October 31, 2011, to end unauthorized discharges of pollutants into a tributary of the Rock River in Sioux County, Iowa.</p>
<p>Randy Kats, doing business as Randy Kats Feedlot, of Rock Valley, Iowa, must apply for an NPDES permit and complete wastewater controls at his facilities by October 31, 2011, to end unauthorized discharges of pollutants into a tributary of the Rock River in Sioux County, Iowa.</p>
<p>Tracy Onken, doing business as Tracy Onken Feedlot, of Carroll, Iowa, must apply for an NPDES permit and complete wastewater controls at his facilities by October 31, 2011, to end unauthorized discharges of pollutants into a tributary of Storm Creek in Carroll County, Iowa. This stream is not shown as impaired by the State of Iowa. </p>
<p>SFI, Inc., of Nemaha, Iowa, must apply for an NPDES permit and complete wastewater controls at its facilities by October 31, 2011, to end unauthorized discharges of pollutants into the Raccoon River in Sac County, Iowa.</p>
<p>Vernon Van Beek and Jason Dorhaut, doing business as Lone Tree Feedlot, of Inwood, Iowa, must apply for an NPDES permit and complete wastewater controls at their facilities by October 31, 2011, to end unauthorized discharges of pollutants into a tributary of Dry Run Creek in Lyon County, Iowa.</p>
<p>Terry Van Wyhe, doing business as Van Wyhe Feedlot, of Ireton, Iowa, must apply for an NPDES permit and complete wastewater controls at his facilities by October 31, 2011, to end unauthorized discharges of pollutants into a tributary of Six Mile Creek in Sioux County, Iowa.</p>
<p>Nathan Vohs, doing business as Nathan Vohs Feedlot, of Washta, Iowa, must apply for an NPDES permit and complete wastewater controls at his facilities by October 31, 2011, to end unauthorized discharges of pollutants into a tributary of Four Mile Creek in Cherokee County, Iowa.</p>
<p>Keith Zylstra, doing business as Zylstra Feedlot, of Ashton, Iowa, must apply for an NPDES permit and complete wastewater controls at his facilities by October 31, 2011, to end unauthorized discharges of pollutants into a tributary of Otter Creek in Osceola County, Iowa.</p>
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		<title>Genetically Modified Canola Plants Common in North Dakota</title>
		<link>http://jim.praytech.com/?p=113</link>
		<comments>http://jim.praytech.com/?p=113#comments</comments>
		<pubDate>Wed, 11 Aug 2010 21:07:14 +0000</pubDate>
		<dc:creator>James Pray</dc:creator>
				<category><![CDATA[Articles]]></category>

		<guid isPermaLink="false">http://jim.praytech.com/?p=113</guid>
		<description><![CDATA[<p>University of Arkansas graduate students sampled wild canola plants every five miles along 3,000 miles of roads in the state of North Dakota.  Of 406 plants sampled, 80% of the plants had a minimum of one transgene attributable only to genetically modified canola plants.  46% of the stops found genetically modified canola plants. [...]]]></description>
			<content:encoded><![CDATA[<p>University of Arkansas graduate students sampled wild canola plants every five miles along 3,000 miles of roads in the state of North Dakota.  Of 406 plants sampled, 80% of the plants had a minimum of one transgene attributable only to genetically modified canola plants.  46% of the stops found genetically modified canola plants. </p>
<p>This is described as the first time that genetically (transgenic) modified organisms have established a wild population in the U.S. </p>
<p>Source:</p>
<p><a href="http://www.organicauthority.com/foodie-buzz/genetically-modified-organisms-found-in-the-wild.html">http://www.organicauthority.com/foodie-buzz/genetically-modified-organisms-found-in-the-wild.html</a></p>
<p><a href="http://news.discovery.com/earth/gm-plant-canola-wild.html">http://news.discovery.com/earth/gm-plant-canola-wild.html</a></p>
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		<title>EPA May Regulate Rural Dust</title>
		<link>http://jim.praytech.com/?p=108</link>
		<comments>http://jim.praytech.com/?p=108#comments</comments>
		<pubDate>Fri, 06 Aug 2010 15:44:38 +0000</pubDate>
		<dc:creator>James Pray</dc:creator>
				<category><![CDATA[Articles]]></category>

		<guid isPermaLink="false">http://jim.praytech.com/?p=108</guid>
		<description><![CDATA[there is evidence that the EPA is considering taking steps to clamp down on the Western and Midwestern propensity to generate dust.  [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://jim.praytech.com/wp-content/uploads/2010/08/combining.jpg"><img src="http://jim.praytech.com/wp-content/uploads/2010/08/combining.jpg" alt="" title="farming" width="368" height="184" class="alignleft size-full wp-image-109" /></a>Residents of Iowa, other Midwestern states, and Western states are all familiar with dust.  Dust is a common byproduct of unpaved roads and wind blowing over bare fields.  Dust can also be generated in tremendous clouds when combines comb through ripe fields of corn, wheat, soybeans, and milo.  Western residents are familiar with dust as much of the ground is simply not vegetated and generates dust any time the wind blows or livestock walk across the plains.  </p>
<p>Every five years the EPA must review the current scientific research relating to criteria pollutants under the National Ambient Air Quality Standards (NAAQS) of the Clean Air Act to consider changes.  What most people call &#8220;dust,&#8221; the EPA calls &#8220;particulate matter&#8221; or &#8220;PM.&#8221;  Every five years the EPA can be counted on to reduce the amount of particulate matter that can be allowed in a cubic meter of air.  The next five-year review is currently underway and there is evidence that the EPA is considering taking steps to clamp down on the Western and Midwestern propensity to generate dust.  In the  <a href="http://www.epa.gov/ttn/naaqs/standards/pm/s_pm_2007_pa.html ">Policy Assessment for the Review of the Particulate Matter National Ambient Air Quality Standard: Second External Review Draft, </a>the EPA staff concluded that depending on the emphasis placed on the evidence and uncertainties, the Administrator would be justified in either retaining the current PM10 NAAQS of 150 ?g/m³, or in revising it to make it more stringent.  </p>
<p>Members of the United States Senate, led by Senator Chuck Grassley of Iowa have recently issued a<a href="http://grassley.senate.gov/about/upload/Agriculture-07-23-10-dust-letter-to-EPA-signed-version-doc.pdf"> letter </a>calling on the Administrator of the EPA, Lisa Jackson, to use &#8220;common sense&#8221; on future regulations on dust, and reminding her of the administration’s focus on rural America and the negative impact such regulations could have on Main Street.   </p>
<p>Of course, common sense has never played a role in environmental regulations, so it is not likely that this request will find favor with the EPA.  Still, there are immense policy considerations that must be weighed if the rural areas of the Western and Midwestern states are going to be forced to comply with these standards.  As an example, how do you draft air permits and regulations to govern dust blowing across farm fields? Which field is deemed to be responsible?  Will rural impoverished areas be forced to lay asphalt or concrete over millions of miles of roadbeds and trails? Can the logging industry provide enough tree sap to supply rural counties with enough dust suppressant to keep the dust off of dirt roads? This move would come at a time that rural areas are actually tearing up their asphalt roads because they cannot afford to maintain them. South Dakota ground up 100 miles of roads to gravel in 2009 alone. <a href="http://online.wsj.com/article/NA_WSJ_PUB:SB10001424052748704913304575370950363737746.html ">http://online.wsj.com/article/NA_WSJ_PUB:SB10001424052748704913304575370950363737746.html </a>  Much of the desire to eliminate paved roads stems from the high cost of the petroleum used to make asphalt.  It would be ironic indeed if the EPA&#8217;s actions on particulate matter forced rural counties to feed the continued need to refine oil. </p>
<p>Iowa has 114,740 miles of roads. If the national average of 50% roads being unpaved is applied to this figure, then there are about 70,000 miles of unpaved roads in Iowa. (no firm data was found). At $75,000 per mile this would cost more than 5 billion dollars in initial capital, and that is just for one Midwestern state. </p>
<p>This calculation does not address dust generation by combining and livestock operations.  I am at a loss as to what sorts of technology livestock operators would have to employ to keep their cattle from kicking up dust as they walked across fields.  Perhaps the EPA would require a tiny portable sprayer to mount on the back of each cow.  I also suppose it would be possible to design and build giant portable bag houses (basically semi-trailer sized vacuum cleaners) to run along combines as they removed crops from the fields, but that does not strike me as a very economical approach.  First, it would require a capital outlay of at least $100,000 per combine (taking the $50,000 cost of a small baghouse plus $50,000 for a bare tractor chassis).  It would also double the labor requirements as another farmer would be required to drive alongside the combine in order to try to collect the errant dust. </p>
<p>While rural dust is a real issue for those who live near unpaved dirt or gravel roads or for drivers passing by ongoing field operations, it seems that the local government level ought to be the place for these issues to be resolved, as they have been for decades.  It is common for property owners to request dust suppressant on roads in front of their homes.  I just don&#8217;t know that the heavy regulatory hand of D.C. is the appropriate way to deal with this issue.   </p>
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