Ex-pollution official cleared

Tuesday, Sept. 26, 2000 | 11:29 a.m.

A former Clark County Health District official in charge of air pollution control programs has been cleared of wrongdoing.

An investigation by the district attorney's office found no evidence that former Air Pollution Control Director Michael Naylor acted with criminal or malicious intent in his handling of a pollution program, District Attorney Stewart Bell said.

"I knew I had done nothing wrong," Naylor said. Clark County's Chief Health Officer Dr. Donald Kwalick asked for the independent investigation.

Naylor resigned his position in August, but remains as consultant to the health district until June 2001.

Michael Sword, who was named acting director after Naylor's resignation, said upon hearing the news, "That's good to know."

Several whistleblowers had singled out the air pollution credit program as a source of trouble at the division, which has authority over air quality in the Las Vegas Valley.

Companies use credits to manage emissions by reducing pollution sources at one point to earn credits. Those credits, in turn, can be used to allow pollution at another source or the credits can be sold to another company.

District employees had alleged that Naylor and the department gave the credits indiscriminately and did not track them properly.

Kwalick said Monday he is making changes in the 27-year-old air pollution program.

Kwalick said the change in directors is the first step. He is also observing county and state efforts to change the air pollution control program, but intends to work within the division and streamline administrative processes.

"Dr. Kwalick is trying to improve how things work in that division," Health District spokeswoman Jennifer Sizemore said Monday, noting the district plans to make changes to the program as soon as possible, although she had no exact date.

Frequent critic Bob Hall, director of the Nevada Environmental Coalition, said that the Health District was moving too slowly to improve the air pollution control program.

Hall said the change in Naylor's position is not enough.

The District Attorney's Office is not the only agency investigating procedures in the Health District's overall air pollution control program.

The County Commission is considering a proposal to consolidate the Health District's enforcement program and the county's portion of regulating air pollution under a single agency. It has already been approved by Henderson, North Las Vegas and Las Vegas.

The U.S. Environmental Protection Agency is also reviewing previous actions taken by the Health District in a dozen cases.

The latest review by EPA's Region 9 office in San Francisco include Capital Cabinet Corp. of North Las Vegas and Calnev Pipeline Co., which operates a petroleum storage and distribution system near Nellis Air Force Base.

The EPA issued a violation notice last week that claims Calnev expanded its operation to handle more than 20 million barrels of petroleum a year in 1996, 5 million more than allowed. The fumes contained 100 tons of volatile organic compounds (VOCs) more than the permit allowed.

Sword was consultant to Calnev from 1994 to 1996, but since joining the Health District, he has not have anything to do with the company, he said.

In the case of Capital Cabinet, the EPA officials were negotiating with the cabinet company that finishes cupboards, similar to spraying a car or truck in a painting booth.

The EPA and the Health District can take parallel actions against a company suspected of polluting, officials said.