Bango Oil - Revised Class 2 Air Quality Operating Permit AP2992-1473
 Time
|
 Location
|
|---|---|
| First hearing 10:30 A.M. Wednesday, April 29, 2009 | Bryan Building, 2nd Floor (Tahoe Room) 901 South Stewart Street Carson City, NV |
| Second hearing 9:30 A.M. Tuesday, July 28, 2009 | Bryan Building, 2nd Floor (Tahoe Room) 901 South Stewart Street Carson City, NV |
SEC Final Decision: Dismissed
Hearing Audio, Notices, and Minutes
- June 3, 2009 — Hearing transcript (minutes) of April 29, 2009*
- *Note: this is a password protected PDF file [345 pages]; the password is ndep. The file encryption is set to screen read-only and the cut and paste function. A paper copy of this file can be obtained from Capitol Reporters (775) 882-5322.
- June 14, 2009 — Notice of Continued Hearing Date
August 05, 2009 — Hearing transcript (minutes) of July 28, 2009*
- *Note: this is a password protected PDF file [96 pages]; the password is ndep. The file encryption is set to screen read-only and the cut and paste function. A paper copy of this file can be obtained from Capitol Reporters (775) 882-5322.
- August 12, 2009 — July 28th Summary Minutes—Public Comments section
Background of Appeal
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.
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.
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
NDEP Documents
- December 19, 2008 — NDEP Notice of Public Hearing “Bango Oil”
- February 13, 2009 — NDEP permit [AP2992-1473] issued to Bango Oil
- February 19, 2009 — Cover Letter: Notice of Response to Comments
- February 19, 2009 — NDEP Comment Response Document
- July 27, 2009 — NDEP” Joinder in Bango Oil's Pre-Hearing Brief and Motion for Summary Judgment, Motion to Limit Scope of Rebuttal Testimony, and Motion to Vacate and Reset Hearing
Citizens Appeals
- February 20, 2009 — Appeal - David C. Mathewson
- February 27, 2009 — Appeal - Lorraine Griffin
- February 27, 2009 — Appeal - Donald Mello
SEC Documents
- March 06, 2009 — SEC letter to Bango Oil “Opportunity to Intervene ”
- March 09, 2009 — Letter to Appellants - Bango Opportunity to Intervene
- March 25, 2009 — Order Granting Petition to Intervene
- March 27, 2009 — SEC Appeal Notice and Certificate of Service
- April 08, 2009 — Postponement of SEC Appeal for Bango Oil and Certificate of Service
- April 14, 2009 — SEC Amended Appeal Notice and Certificate of Service
- June 4, 2009 — SEC letter and Manuscript of April 29, 2009 Appeal Hearing to Appellants and Counsel for Bango Oil and NDEP
Bango Oil Documents
- March 12, 2009 — Letter to the SEC requesting to intervene
- March 12, 2009 — Motion to Dismiss Appeals
- April 08, 2009 — Before the State Environmental Commission: Motion to Associate Counsel
- April 08, 2009 — Before the State Environmental Commission: Order Admitting to Practice
- July 27, 2009 — Motion for Summary Judgement
- July 27, 2009 — Motion to Limit Scope of Rebuttals
- July 27, 2009 — Request Vacate & Reset Hearing
Citizen Affidavits
- July 11, 2009 — Cover Letter to the State Environmental Commission sent by Stuart MacKie
- July 11, 2009 — Cover letter attachments from 31 Citizen—Affidavit Declaration of Truth
Press Coverage
- July 27, 2009 — County to study Bango Oil odors — Lahontan Valley News
- August 03, 2009 — County to help fund odor study AP
