Air pollution control board approves Oceano dunes rule

November 17, 2011

The San Luis Obispo County Air Pollution Control District voted 7-4 with one abstention to approve a new regulation that requires state parks to reduce particulate matter blowing from the Oceano Dunes State Vehicular Recreation Area or face fines of $1,000 per day.

The APCD contends evidence from a scientific study it produced show that off-road vehicles at the dunes are causing an increase in particulate matter downwind on the Nipomo Mesa.

Numerous residents of the Nipomo Mesa, air quality district administrator Larry Allen and county public health officials said at the board meeting that the dunes are causing health problems for people downwind.

“There is a definite increase in heart attacks associated with PM 10,” said Penny Bornstein, County Public Health Department. “In fact, premature death is associated with exposure to particulate matter.”

The air quality district relies on fines and fees to cover the expense of its employee payroll. Of the 21 employees at the air quality district, 19 have salaries and benefits that exceed $100,000 a year. The air quality district has been criticized by those who say its focus is raising fees and fines.

Allen argued that talk of fines without warnings was used as distraction from health problems he claims are created by vehicles on the dunes.

“There’s been a lot of comment about the fines. I think in my mind it’s kind of a red herring,” Allen said. “We work very closely with all facilities that are under regulation by us. We typically provide warnings.”

Numerous local and state officials allege that the district’s Phase II study includes numerous flaws because of poor methodology and the manipulation of data.

Air quality district board member and Pismo Beach Councilman Ed Waage said the study is flawed and he wanted the inaccuracies corrected before approval.

In 2008, state parks’ staff and officials also said they thought the study the air quality district created was flawed because of several errors in the district’s methodology.

The state has said in letters to the district that the rule must first be legally and scientifically justified before the air quality district can impose fines on state parks. State Parks officials are discussing mounting a legal challenge against the air quality district for passing a regulation based on a flawed study.


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NATURAL AEOLIAN SUSPENSION OF SEDIMENT AEROSOLS:


http://www.youtube.com/watch?v=oSHx_IIfaxg


Uh oh, better slap some houses and pavement on that sand, we can’t have sand blowing on SAND DUNES.


Now show the same spot with 4 dune buggies doing donuts-Obviously they break the crust and loosen the sand so it will blow many more times the amount-It obvious-


Since you are a geologist, please explain to the rest of us what this mythical “crust” is. Tell us how it forms and what are the binding agents that hold this “crust” together. Does it form throughout the dunes or just in specific places.


Go ahead. I’d like to hear an expert on this.


Come on SLORider, there is very reliable and overwhelming evidence that there is a crust. The APCD has a new study out that shows that when Larry Allen walks on sand he can tell that there’s a crust, not sure, think he can hear it or something, what more evidence do we need? If Allen can tell by walking on it then it must be so because we all know that we can trust him.


Proof,,we don’t need no stinkin proof!


Gasp, I just gave a thumbs up to the queen.


Yes, Larry did ACTUALLY SAY he can hear it! LOL!!!


Id like to hire Larry and his bunch to do a study as to why my home here in on the coast is so damn dusty inside and out?? Hum..it is located a few blocks distance from the ocean but there’s no vehicles allowed.

Wait Ive got it! !!!!!!! its the dogs and people running wild kicking up rooster tails digging holes,making sand castles and flinging the deadly silica dust skyward !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


“microbiotic soil surface crust”

“cyanobacteria dominated microbiotic soil surface crust”

“Sand dunes and plains may also be covered by a carpet of complex mosaic of highly specialized organisms known as biological (cryptogamic, cryptobiotic, microbiotic, microphytic) soil crusts, which bind together loose particles to protect the surface from erosion.”


I would be interested in reading more about this. It doesn’t make sense to me that there would be something that binds loose particles when the entire dune system relies on loose particles. If the sand didn’t blow then plants would grow and then the dunes would no longer be dunes. Dunes are in constant motion and that’s part of makes them so unique.


“Sand dunes and plains may also be covered by…soil crusts”


Yes, they MAY. But not ALL sand dunes, especially coastal dunes with new, clean sand. “MAY” is not any kind of proof or evidence. You are dealing in supposition, desire, and imagination. There is NO CRUST at Oceano Dunes, and there is CERTAINLY no biotic crust. The California Geological Survey says so.


Great.


Now my tax dollars are going to be wasted trying to defend this decision in court. The $1000/day fines aren’t going to cover much more than the lawyer fees. Then, once it gets to the first hearing, the judge will suspend the fines until a decision is made.


Winners in this: APCD payroll


Losers: ALL SLO county tax payers


Horrible & out of control government.


.


I certainly hope that CCN would ask County Health Department to back up the statement, “There is a definite increase in heart attacks associated with PM 10,” said Penny Bornstein, County Public Health Department. “In fact, premature death is associated with exposure to particulate matter.”


Where is the data to back up this “fact” on the Nipomo Mesa. It appears some of our local Public Agencies are fast and loose with their claims.


Is she claiming that there is any increase in Heart Attacks on the Nipomo Mesa due to Dunes dust? Or did she make a general statement and has not one iota of evidence there is any increase in Heart Attacks on the Nipomo Mesa.


You will be interested in this letter rebutting Borenstein from a UCLA scientist with 37 years experience in epidemiological research:


http://www.scientificintegrityinstitute.org/sloapcd111511.pdf


I’m convinced that the yes votes on the board yesterday don’t want more information. They want to vote how they want to vote, with flawed info being totally acceptable. It’s annoying to think that our elected officials lack curiosity for more knowledge. Do they fear what they’ll find out? Thanks for the link, SLORider.


You know what’s interesting? — When the study first came out we were bombarded with their “2 million data points” and “premiere experts” stuff and people like me were labeled as “science deniers”.


BUT NOW, there’s dozens and dozens of pages of scientific information challenging very basic notions of the study (i.e., “crust”, wind speed, etc.), and WE ARE THE SIDE demanding science be heard! Just look at the 222 page staff report and over half of it is scientific rebuttals, but maybe 5 pages is scientific support.


SCIENTIFIC DOCUMENTS REBUTTING DUST STUDY/RULE:


California Geological Survey Documents

-Report RE: Draft Rule 1001

-Sand grain size analysis, Parts 1 & 2

-Evaluation of Phase 2 Study

-Review of Vegetation Islands


http://ohv.parks.ca.gov/?page_id=26656


OHMVR Division Comments

California Geological Survey

Illingworth & Rodkin

TRA Environmnental Science


http://ohv.parks.ca.gov/?page_id=26918


Remember when most of the world believed the earth was flat and that the sun revolved around the earth, not vice versa? Or that cigarettes didn’t contribute to lung disease? There will always be naysayers, despite the preponderance of scientific evidence.


1 minute of research on the internet:


U.S. National Library of Medicine

http://www.ncbi.nlm.nih.gov/pubmed/15990137


U.S. EPA

http://www.epa.gov/pm/health.html


American Thoracic Society

http://pats.atsjournals.org/cgi/content/full/2/1/61


American Heart Association

http://circ.ahajournals.org/content/121/21/2331.abstract


Wikipedia

http://en.wikipedia.org/wiki/Particulates


There are hundreds of additional credible sites with available published evidence if you have the time to web surf today and educate yourself.


Science is not about “1-minute Internet surfing”.


Further, there is no question that long term exposure to high concentrations of particulates can be harmful. The question is the effect of the low to moderate concentrations recorded in Nipomo and the true source (NATURE).


Here are the Votes:

MOTION MADE BY: JAN MARX (SLO)

2ND BY: ADAM HILL


ROLL CALL VOTE:

JAN MARX: YES

ADAM HILL: YES

KAREN BRIGHT: ABSTAIN

JIM GUTHRIE (ARROYO GRANDE): YES

ROBERTA FONZI (ATASCADERO): NO

JOHN HAMON (PASO ROBLES): NO

FRANK MECHAM: NO

JIM PATTERSON: YES

NOAH SMUKLER (MORRO BAY): YES

PAUL TEIXEIRA: YES

ED WAAGE (PISMO BEACH): NO

BRUCE GIBSON: YES


Good for Roberta Fonzi, I knew I wasn’t going to have to worry about her. She has always had a good head on her shoulders. Patterson is another story, he is my district Supervisor and I actually lobbied for him to represent us when he ran for the BOS. He has to go for more reasons than one but this vote is the last straw. Patterson, you’re a big disappointment and I won’t say what else I think of you. I’m going to get out my data base and send out a mailing to Atascadero voters that will make your head spin. I’ve got my energy back buddy boy. Just wait until election time comes.


“The San Luis Obispo County Air Pollution Control District voted 7-4 with one abstention to approve a new regulation that requires state parks to reduce particulate matter blowing from the Oceano Dunes State Vehicular Recreation Area or face fines of $1,000 per day.”


Great, another appointed board making unfunded mandates…

Wonder just how much this will cost us?

And thank you to the straight thinking “over the grade” representatives who voted no on this…


And look at Fonzi’s record? Talk about good ol /boygal corruption!

You sure don’t have to “worry ” about her!


I can’t believe they voted to back the APCD knowing how flawed the study is. Perhaps they (the BOS) have no alternative but to leave it to the State to disband and reorganize the APCD (through legal action) that our BOS has allowed to run amok. Surely they know that the State won’t take this laying down.


Regardless, anyone who didn’t stand up to the APCD needs to be voted out of office. Who are the 7?


Surely this will end up in the courts, costing the county thousands of dollars. Can we take it out of their salaries?


“There is a definite increase in heart attacks associated with PM 10,” said Penny Bornstein, County Public Health Department. “In fact, premature death is associated with exposure to particulate matter.”


That’s why it’s a good idea not live down wind from SAND DUNES!


Well, with the passing of this I guess this means job security for a bloated over paid, unreliable commission to continue to reap the benefits of their incompetence. On the good side though is that the APCD has been exposed, the king is wearing no clothes, now it’s up to the community to watch them very carefully and to use their power of the vote to elect Supes that won’t allow this to continue. Very good campaign platform.


Larry, you are a lying piece of crap you overpaid moron. You provide warnings until people pay up. You are no different than the mob you scumbag. What a complete waste of our tax dollars.


It would be nice to know how the Board members voted. As with the plastic bag fiasco it would be nice to know how the local representatives voted.


MOTION MADE BY: JAN MARX (SLO)

2ND BY: ADAM HILL


ROLL CALL VOTE:

JAN MARX: YES

ADAM HILL: YES

KAREN BRIGHT: ABSTAIN

JIM GUTHRIE (ARROYO GRANDE): YES

ROBERTA FONZI (ATASCADERO): NO

JOHN HAMON (PASO ROBLES): NO

FRANK MECHAM: NO

JIM PATTERSON: YES

NOAH SMUKLER (MORRO BAY): YES

PAUL TEIXEIRA: YES

ED WAAGE (PISMO BEACH): NO

BRUCE GIBSON: YES