County health officials struggle to clarify role in tire-burning debate

By KAYLEY MENDENHALL, Chronicle Staff Writer

Stephanie Nelson is in a tough position when it comes to the Holcim Inc. tire-burning issue.

As the Gallatin city/county health officer, she has some limited authority over solid-waste permits issued by the Montana Department of Environmental Quality.

But solid waste is not the biggest point of contention in the dispute over Holcim's tire-burning plans. The main issue is air quality.

And Nelson has no authority over air-quality permits.

So, although she has a high sensitivity to environmental pollutants and possible repercussions, her hands may be tied.

"Personally this is something that is very hard for me," Nelson confided Thursday at a Gallatin City/County Board of Health meeting. "I am a victim, or a survivor, of breast cancer."

She grew up in Detroit, Mich. where environmental pollutants have been a persistent problem for decades.

"This is something I take very seriously as a person responsible for protecting the lives of my community," she said.

In order to burn tires for fuel at its cement plant near Trident, Holcim needs both air-quality and solid-waste permits. The DEQ issued an environmental assessment, or EA, including both draft permits on March 23.

Because both permits are tied to the same EA, there is some confusion over Nelson's jurisdiction. By law, her signature is only required on the solid-waste portion, but some health board members wondered if she could consider air-quality issues in making her decision.

And DEQ officials believe she can only refuse to sign the solid waste permit if she finds it is illegal under state solid waste law.

"I hope I do a good enough job that we wouldn't even send (a solid-waste permit) out that didn't meet state law," said Mike DaSilva, of DEQ's solid waste licensing program.

DEQ representatives and concerned citizens testified at the health board meeting as the board struggled to understand its role in this ongoing debate.

The primary issues for the board are whether to request a more thorough environmental impact statement, or EIS, from the state and whether the public comment period should be extended, County Commissioner John Vincent said.

But the bottom line is that the health board has no more authority than any citizen group, said Dave Klemp, DEQ air permitting supervisor.

"We do have a fondness for local boards, and we would give it more weight," Klemp said. "But you have to give us specifics."

Regardless of public concern, unless the board can point to information missing from Holcim's application and EA that is required by law, the department cannot call for an EIS, Klemp said.

"The bar to do an EIS has been amended several times over the years, and the bar is pretty high," Klemp said. "We have to get above it."

The decision to call for an EIS is not a popularity contest, he said, but is based on the Montana Environmental Protection Act.

"Everyone has the feeling here in mind that an EIS is the right thing to do, but that's not what gets me over the hurdle," Klemp said.

The health board decided Thursday to hold its own public hearing on the issue before voting on how to proceed.

Meanwhile the state's public comment period on the EA ends May 9 and DEQ will hold a public hearing at 7 p.m. Tuesday, April 29 at Manhattan High School.

Reader Comments