2010 March 16: NV: Dolan and Mayo appeal Jungo air-quality permit

2010 March 16: NV: Dolan and Mayo appeal Jungo air-quality permit Print
Written by Dee Holzel   
Tuesday, March 16 2010 11:00
WINNEMUCCA — Two local attorneys battling against the proposed Jungo Rd. landfill have taken the fight to the state level.
Robert Dolan and Massey K. Mayo filed a request with Nevada State Environmental Commission for an appeal hearing on the decision to issue an air-quality permit to Jungo Land & Investments who are in the permitting process for the construction of a class 1 landfill. The appeal request was made Monday (March 15).
At the local level, Dolan and Mayo have sought judicial review of the conditional use permit (CUP) issued to Jungo Land & Investments by the Regional Planning Commission. The hearing will be held on May 5. They are also seeking an appeal hearing from the Humboldt County Commission on the five-year extension to the CUP granted by the RPC in February.
The Nevada Division of Environmental Protection (NDEP) issued the air quality permit on March 5.  In a  statement released by NDEP, the agency said the applicant met all state and federal requirements where the air-quality permit was concerned.
Dolan and Mayo disagreed and each filed a request for an appeal hearing.
In the request, they alleged the air-quality permit was issued in violation of state and federal laws; that is, that the government has an obligation to maintain air quality standards for people and animals in the area.
There were two specific areas of concern:  fugitive dust and particulate matter. Dolan and Mayo allege the NDEP did not require Jungo to produce a plan reflecting the best practical methods for controlling dust and particulate matter, which includes but is not limited to:  pre-watering areas of disturbance, graveling roadways, and the use of wind fences to reduce the impact of strong winds.
The two also argue the air-quality is short on details for dust control, which includes watering down exposed areas on a regular basis, Dolan and Mayo noted, without defining what regular basis means.
The appeal request also found fault with the answers given by the Bureau of Air Pollution to local questions of concern — including the BAPC assertion they do not install instruments to monitor NMOC emissions because the types of emissions at the proposed landfill would not lend themselves well to ambient monitoring.
“This is a blatant falsehood,” Dolan responded. “Indeed there are many commercial products that monitor particulate matter.”
Dolan and Mayo also attacked the failure of the BAPC for their lack of modeling and environmental evaluation, which Dolan and Mayo claim violates the BAPC’s own guidelines (from the BAPC General Air Dispersion Modeling Guidelines).
Among its various duties, the Nevada State Environmental Commission hears appeals and decides contested actions or decisions made by NDEP.
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