Dust rules kick up a storm

Road proposals likely to change

Efforts to mandate paving and regulate road dust as a health hazard have kicked up opposition from local business and industry groups.

The groups say recently proposed modifications to the county's air pollution control regulations go too far and have too many unintended consequences. They're urging the Flathead City-County Board of Health to take another look before approving any changes.

The modifications came up during a recent public hearing.

One would require paving or formal dust mitigation plans for any road in Flathead County that has an average traffic volume of more than 200 vehicles per day.

The other would require dust mitigation for any commercial or construction activity hauling more than 40 cubic yards of material with a double-axle vehicle.

In addition to these changes, the health board also is considering expanding the "non-attainment" districts around Kalispell, Whitefish and Columbia Falls, as well as beefing up the enforcement and penalty section of the air pollution regulations.

The board could approve any or all of these changes at its next meeting on Oct. 20.

Last week, several local timber and construction firms met with county Commissioner Gary Hall and some Board of Health members to discuss the potential consequences of these changes.

In particular, they felt the 40-cubic-yard limitation was much too restrictive.

That represents about four dump-truck loads or about two logging-truck loads. Consequently, almost every activity in which the firms engage would potentially require dust mitigation - even on remote logging roads.

Hall indicated that it also would be difficult for the county to support the paving requirement, given that it owns most or all of the high-volume gravel roads in the valley and doesn't have the money to pave more than two or three miles of roads per year.

Expanding the municipal "non-attainment" areas was another concern.

These districts were established several years ago after all three cities violated federal clean air standards.

They feature much more stringent pollution control regulations than in the county, as mandated by the Environmental Protection Agency. Paving and dust mitigation, for example, already are required within the districts.

Moreover, air-quality control permits are required for any activity inside the districts that disturbs more than a quarter-acre of ground.

Given that most logging operations are larger than this - and given that the expanded districts would encompass several additional tracts of corporate timberland, particularly around Whitefish - the timber companies aren't thrilled with this proposal.

The Flathead Business and Industry Association also asked the Board of Health to decline some of these regulatory changes.

Faced with this opposition, Public Health Officer Joe Russell said it's unlikely that the board would approve the paving or 40-cubic-yard hauling modifications at the Oct. 20 meeting.

"I think what's more likely is that they'll reinitiate rule-making," he said, meaning the board would come up with additional options and go back through the public hearing process.

"Maybe we need to exclude silviculture activities," Russell said. "Maybe we need to consider a range of numbers."

Public comment will be taken at the meeting, prior to board action.

Regardless of what the board does on Oct. 20, any proposed regulatory changes would also have to be approved by the commissioners and the three city councils, as well as the state Board of Environmental Review, with additional public hearings being held at each of these stages.

A copy of the proposed changes, as well as maps of the new non-attainment areas, can be found on the health department's Web site at www.flatheadhealth.org/boardofhealth/boh.cfm

Reporter Bill Spence may be reached at 758-4459 or by e-mail at bspence@dailyinterlake.com