Editorial: Time to cough up dust rules

A fast-track plan to implement federally required regulations to get dust under control in the Las Vegas Valley has been derailed. Clark County Commissioner Erin Kenny just two months ago had advocated an expedited process in order to avoid sanctions by the federal government. But Kenny said last week that the Clark County Health District Board has informally agreed to delay the implementation of new dust control rules for at least two to three months, a postponement the Southern Nevada Home Builders Association boasts that it helped bring about.

Kenny, a member of the health district board, is minimizing the importance of this delay. But the Sun's Launce Rake reported Tuesday that the county staffers who would be delegated the task of actually setting up the formal hearings and the rules' final adoption aren't as optimistic as the county commissioner as to when the final rules would be ready. For instance, the county's chief air pollution planner said it could take most of next year to finish the technical studies involved, meaning that the earliest the plan could be ready would be September 2000.

Clark County does have in place some dust control regulations, including fines for developers who fail to take reasonable measures to cut down on dust on construction sites. The sticking point appears to be the U.S. Environmental Protection Agency's insistence that dust regulations should be imposed on vacant land, an area the county has not yet addressed. The builders have fought provisions addressing vacant land, citing the costs involved not only to their industry but also to other landowners, including those from both the private and public sector. The types of remediation could include erecting fences on vacant land to keep vehicles from kicking up dust or even the treatment of desert land to minimize dust.

Failure to act expeditiously could result in sanctions from the federal government, which could place restrictions on future growth and freeze federal highway funds. In neighboring Arizona, Maricopa County's failure to deal with dust violations prompted the federal government to intervene, requiring strict dust control regulations. Still, the EPA should keep in mind the inherent difficulties in tackling the daunting task of cutting down the levels of dust on vacant land, showing some tolerance if county officials make a good faith effort to address the issue with a sensible plan.

At the same time, though, the county should pick up the pace. There are demonstrated health risks from fine-particle dust, which can find its way into the lungs. This dust can even be deadly for those with heart and respiratory problems; the dust also can be harmful for children and the elderly. The Clark County Health District Board should put this issue back on the fast track where it belongs.

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