Judge upholds Oceano Dunes rule requiring controls on blowing dust

A San Luis Obispo County Superior Court judge has decided that a controversial rule intended to reduce the amount of unhealthy dust pollution blowing onto the Nipomo Mesa from Oceano Dunes is legal.

In his March 7 ruling, Judge Charles Crandall said that Rule 1001 adopted in 2011 by the San Luis Obispo County Air Pollution Control District should stand. The legality of the rule had been challenged in court by a group of off-highway vehicle enthusiasts, Friends of Oceano Dunes.

“The district retains the power to enforce Rule 1001 through civil penalties and additional corrective action,” Crandall wrote. “The critical need for the rule remains. Accordingly, comprehensive air pollution monitoring can and should go forward as required by the rule.”

The rule requires that State Parks reduce to near background levels the amount of dust blowing off Oceano Dunes State Vehicular Recreation Area and onto the Nipomo Mesa. Records kept by the air district show that air quality on the Mesa exceeds state health standards for particulate matter 78 times a year.

High particulate levels have been linked to asthma and other lung problems as well as to cardiovascular disease. In March 2013, State Parks and state and local air officials signed a consent decree to cooperatively find a way to reduce those dust levels.

“Given the significant costs and genuine health concerns underlying Rule 1001, this court must be careful not to discard it entirely without having solid reasons to do so,” Crandall wrote. “Requiring new rule-making under the circumstances present here would be wasteful, unnecessary and inappropriate.”

Crandall’s ruling settles one of four lawsuits filed by Friends of Oceano Dunes challenging various aspects of the dust rule, said Ray Biering, an attorney for the Air Pollution Control District. Three lawsuits are against the air district and the fourth was just filed against State Parks challenging the adequacy of the department’s environmental analysis of its dust mitigation work. The other two lawsuits against the air district are scheduled for case management conferences before Crandall in the coming weeks.

Since the consent decree was signed, State Parks has spent more than $4 million installing air quality monitoring stations and experimenting with various dust-control measures such as wind fences and hay bales in the dunes, as well as replanting vegetation.

Larry Allen, air pollution control officer, said the amounts of blowing dust were reduced in the spring of 2015, but it is unclear whether this was due to the dust-control measures or less windy weather.

“We do believe that more mitigation is going to be necessary to meet the requirements of the rule,” he said.

This story was originally published March 16, 2016 at 4:04 PM with the headline "Judge upholds Oceano Dunes rule requiring controls on blowing dust."