STATE OF CALIFORNIA, NATURAL RESOURCES AGENCY
EDMUND G. BROWN JR., GOVERNOR
DEPARTMENT
OF
CONSERVATION
CALIFORNIA GEOLOGICAL SURVEY
801 K STREET
PHONE 916 / 445-1825
MS 12-30
SACRAMENTO, CALIFORNIA 95814
FAX 916 / 445-5718
TDD 916 / 324-2555
WEBSITE conservation.ca.gov
June 30, 2015
To:
Chris Conlin, Deputy Director
California State Parks
Off-Highway Motor Vehicle Recreation Division
1725 23rd Street, Suite 200
Sacramento, CA 95816
From:
Will J. Harris
California Geological Survey
801 K Street, Suite 1324
Sacramento, CA 95814
Subject:
Practical Concerns Regarding the Implementation of Rule 1001
Below are two aerial images depicting the same area of coastal sand dunes in south
San Luis Obispo County, California. One image depicts the dunes in the 1930s, and
one shows the dunes in 2014, more or less the present day. Also shown on both
images is the line trace marking the southern portion of California State Parks (State
Parks) property, which is the dune and Oso Flaco Lake Preserve area found in the
southern portion of the Oceano Dunes State Vehicular Recreation Area (Oceano
Dunes).
A glance at the two images reveals a difference. The image from the 1930s shows
there was once much more open sand than there is now. The present day image
reveals that much of what had been open sand dunes is now covered over with
vegetation.
I bring this up because the Air Pollution Control Officer (APCO) for the San Luis
Obispo Air Pollution Control District (SLOAPCD) submitted a document to the
SLOAPCD Board for its June 17, 2015 meeting which states, the intent and design of
the Rule [1001] is to reduce dust emissions caused by vehicle activity at the ODSVRA
[Oceano Dunes] to natural background levels... (SLOAPCD, 2015).
June 30, 2015
Page 2 of 4
As you know, Rule 1001 is a regulation SLOAPCD has imposed on State Parks that
seeks to limit the amount of saltation-derived dust emanating from the OHV riding
area of Oceano Dunes. Saltation is the geologic, dune-building process in which
strong prevailing winds push sand shoreward and cause sand grains to creep and
bounce along dune surfaces. Larger grains bounced by the saltation process can
release finer grains, including dust particles, which are then blown inland. Dune
vegetation not overwhelmed by blowing sand will hamper the saltation process:
Where there is more dune-covering vegetation there is that much less dust produced
from saltation.
The natural background distinction is of concern because the southern portion of
Oceano Dunes depicted in above images is considered a control location per Rule
1001. An air monitoring station (approximate location shown on the 2014 aerial
image) has been placed downwind of this area. Per the APCOs document, and
subsequently reiterated by SLOAPCD staff in the press (Lompoc Record, 2015), dust
readings from this monitor will be considered natural background levels to be
compared to readings downwind of the riding area of Oceano Dunes. Higher readings
from the riding area of the dunes will be considered violations, and State Parks will
be subjected to fines per the Rule.
There are two things wrong with this. I have alluded to one of themdune vegetation.
When State Parks took over management of Oceano Dunes in 1982, it began
planting native vegetation in the dunes. Today, within the boundaries of the park,
there are 650 more acres of dunes now covered with vegetation than in the 1930s
(CGS, 2011), a time that predates OHV recreation in the dunes. Putting this
conversely, in the 1930s, there were 650 more acres of open sand subjected to dustproducing dune saltation. By this measure, State Parks has already reduced
saltation-derived dust below natural background levels. More to the point, the air
monitoring station downwind of the control area cannot measure natural
background levels of saltation-derived dust because the lesser amount of open sand
in the area is not representative of natural conditions.
Secondly, Rule 1001 makes no mention of determining natural background levels of
dustthe terminology is not present within the text of the Rule. This is only the latest
migration from the actual language of Rule 1001. In previous emails to you, and in
several meetings we have had in recent months, I have pointed out that the Rule
allows Parks to choose locations to place air monitors downwind of the OHV riding
area and downwind of a control location where no riding occurs. Despite this
appearance of choice, the de-facto riding area monitor has become the SLOAPCDs
air monitoring station at 2391 Willow Road, which is a California Department of
Forestry (CDF) fire station in Arroyo Grande. The CDF station is well away from
Oceano Dunes, does not accurately record the strength or direction of regional
prevailing winds due to near-station influences, and is influenced by other dust
sources that lie between it and the park (CGS 2010). The SLOAPCD air monitor at
the CDF station was never formally chosen by State Parks or its technical team as a
riding area monitor per Rule 1001, nor was the location formally approved by the
APCO, as is required by the Rule. Similarly, no formal choice was made for the
control monitor location. Its location was determined by SLOAPCD staff who
squeezed it into the easternmost point of State Parks property. (Additionally, the
June 30, 2015
Page 3 of 4
control monitor location does not align with upwind open sand along the prevailing
wind direction line, a misstep that will likely cause lower dust readings at the control
monitor. This in turn will skew greater differences with the riding area monitor,
triggering more violations per the Rule.)
Due to litigation related to Rule 1001 that has continued to the California Court of
Appeal, State Parks and SLOAPCD entered into a Consent Decree brokered by the
California Air Resources Board (CARB) so that compliance with Rule 1001 could
continue without opposition from State Parks. But the Consent Decree was not
approved by the court, presumably because the plaintiff, Friends of Oceano Dunes
(Friends), was specifically excluded from consent/settlement discussions (New
Times SLO, 2014). More recently of course, the Court of Appeal ruled in favor of
Friends (California 2nd Appellate District Decision, 2015), effectively invalidating Rule
1001 and the Consent Decree, and the SLOAPCD Board seems intent on not
appealing this ruling to the State Supreme Court. From a lay perspective, it would
seem State Parks is no longer required to comply with Rule 1001. From my technical,
professional perspective, given the concerns I detailed above, actual compliance with
Rule 1001 is simply not possible.
Should you have any questions, please feel free to call.
Respectfully submitted,
Original signed by:
Will J. Harris, PG 5679, CEG 2222, CHg 750
Senior Engineering Geologist
California Geological Survey
cc:
Brent Marshall, District Superintendent, Oceano Dunes SVRA
References Cited
California Geological Survey, 2010. Evaluation of the San Luis Obispo County Air
Pollution Control District report, South County Phase 2 Particulate Study. March 18,
2010.
California Geological Survey, 2011. In consideration of Draft Rule 1001 proposed by
the San Luis Obispo County Air Pollution Control District: An analysis of Wind, Soils,
and Open Sand Sheet and Vegetation Acreage in the Active Dunes of the
Callender Dune Sheet, San Luis Obispo County, California. November 1, 2011.
California 2nd Appellate District Decision, 2015. California Court of Appeals, Second
Appellate District, Case Number B248814, decision issued on April 6, 2015.
Published decision available at: http://www.courts.ca.gov/opinions-slip.htm?Courts=B
June 30, 2015
Page 4 of 4
Lompoc Record, 2015. No Changes to Dune Dust Rule. Lompocrecord.com news
article by Mike Hodgson, June 19, 2015.
New Times SLO, 2014. Oceano Dunes Agreement Thrown into Doubt.
Newtimesslo.com news article by Rhys Heyden, August 6, 2014.
SLOAPCD, 2015. Staff Report by Mr. Larry Allen, APCO. Continued Hearing on Rule
1001 and Discussion of Potential Options for Board. Presented to the SLOAPCD
Board for the June 17, 2015 Board Agenda Item C-3. Staff Report dated June 17,
2015.
