Apex hit with new dust rules

Wednesday, Nov. 21, 2001 | 9:02 a.m.

Clark County commissioners on Monday formally imposed new dust-control rules on an industrial park and surrounding land about 15 miles northeast of Las Vegas.

The new rules bring the Apex area, home to the Apex Industrial Park, under the same regulations that govern vacant properties, unpaved roads and other sources of fine dust.

Adam Titus, Apex Industrial Park chief operating officer, attended the commissioners' meeting but declined comment on the new rules directly. He said at earlier meetings that putting the area under the dust-control regimen would threaten future investment in the 4-year-old industrial park.

The park was designed and planned for a decade as a place for heavy industry, including potentially polluting or explosive plants. The Apex area, off Interstate 15 northeast of the urban area, is miles from residential developments.

Investors have put $20 million into developing the park, which includes gypsum mines and a power plant under construction.

Titus said the investors are trying to attract residential developers to parts of the Apex area. If industrial businesses cannot move into the park, that only leaves residential development, he said.

Clark County Air Quality Department officials said the new rules are necessary because fine dust in the air has exceeded federal standards in the Apex area at least four times in the past three years.

The federal Environmental Protection Agency could designate the area for "nonattainment" of air quality standards. Such a move could threaten federal funding for county and state programs.

Michael Sword, assistant air quality director, said demonstrating a clear intent to clean up the air at Apex could head off any federal regulatory intervention.

The Las Vegas Valley, a separate air shed, is already in a "serious" category for failure to meet federal air quality standards for fine dust and carbon monoxide. The EPA is evaluating plans to control those air pollution problems.

Failure to win federal approval for the local plans would likewise threaten federal funding for local projects, including highway construction.

Bob Hall, president of the Nevada Environmental Coalition, spoke against the imposition of tighter pollution control measures. He argued that the county's broader air pollution program is not operating legally, so the county cannot approve an additional air pollution control plan under that program.