Bango Oil — SEC Appeal for Revised Class II Air Quality Operating Permit AP2992- 1473

Update — On April 29, 2009 a three-member panel of the State Environmental Commission (SEC) held a hearing on the above referenced appeal filed by appellants Lorraine Griffin, Donald Mello, and David C. Mathewson. The appellant’s appeals were consolidated into one hearing pursuant to NAC 445B.8957. The appeal hearing was held at 10:30 a.m. on Wednesday, April 29, 2009 in Carson City, Nevada. The hearing was conducted at Bryan Building, 901 South Stewart Street, Carson City, Nevada, 2nd floor Tahoe conference room.

The hearing was not concluded and it was subsequently re-scheduled (continued) for July 28, 2009. At the July 28th hearing, the SEC upheld the above referenced permit by accepting a Motion for Summary Judgement put forth by Counsel for Bango Oil. The 10 page motion is provided below and the audio recording of the meeting (mp3 file) is available here . Public Comments were also allowed at the July 28th hearing. A seperate audio file of public comments is available here (14MB mp3).

The final written decision issued by the State Environmental Commission is presented here and is titled
“ Order Granting Motion For Summary Judgement -- Appeal of Revised Class II Air Quality Operating Permit: Bango Oil LLC Permit No. AP2992-1473 ”

Additional Background — In December 2008, the Nevada Division of Environmental Protection (NDEP) issued a public notice announcing it had received an application for a revision to the below mentioned “Class II” Air Quality Operating Permit from Bango Oil, LLC. According to NDEP records the permit revision allows new construction and revised operations at the Bango facility for processing up to 2,400 gallons/hour of used oil and recycled fuel oil. The permit also reconfigures the existing permit to reflect current operating conditions at the facility.

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Following the issuance of the above referenced public notice, on January 28, 2009 NDEP held a public hearing on the permit revision in Fallon Nevada. On February 13, 2009 NDEP subsequently approved the request for the revision of the Class II Air Quality Operating Permit.

Then on February 19, 2009 NDEP issued a “Notice of Response to Comments” and this notice contained specific information about the State Environmental Commission’s (SEC) Appeal process.

On February 20 and 27, 2009 respectively, the below referenced individuals submitted separate appeals to the SEC on the permit revision issued to Bango Oil. After receipt of the appeals the State Environmental Commission sent a letter to Bango Oil advising the company of its opportunity to intervene in the appeal process and the "appellants" were appropriately advised of this action.

On March 12, 2009 Mr. Bryce C. Alstead (from Holland & Hart LLP) on behalf of Bango Oil formally requested to intervene in the appeal; included with his request was a motion to dismiss the above referenced appeal. The SEC subsequently approved Mr. Alstead's request to intervene, which was sent to all parties on March 25, 2009. The SEC followed this action with a formal appeal Notice dated March 27, 2009. All of the documents noted herein are listed below.

   Appeal Documents

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