We followed closely the granting of the variance to Masonite last fall, and were quite aware that many community people had protested the granting of that variance, including a woman whose son has cancer and whose breathing is adversely affected by the pollution. We were also aware that the problem did not seem to be greatly alleviated even though Masonite had supposedly "fixed the problem" and was again operating normally. There was obviously growing concern about Masonite's emissions.
On January 18th, the MEC was flooded with calls about what seemed to be the worst emissions to date from Masonite. Lily Phoenix called the Air Pollution Control District and learned that Masonite had applied for two more variances: a regular variance, which would be heard before the full Air Hearing Board and would require a public hearing, AND an interim variance for up to 60 days - or until the regular variance could be heard. Hearing Board member George Rau granted the interim variance. (According to the Air District Rules, in counties under 750,000 population, an interim variance can be granted by a single member of the Air Hearing Board.) Both variances would allow Masonite to continue to exceed both State and District emission limits.
Because of the growing number of complaints from people whose health was being impacted, we knew something must be done. We proceeded to prepare to appeal the interim variance, and received a great deal of enthusiastic support from people wishing to help us make the appeal possible. (Thank you all very much!)
We then learned that an appeal is not necessary, yet, because according to the statute, any one person may protest the granting of an interim variance by a single member of the Air Hearing Board, thus requiring the application to be heard by the full Board within ten days of the original decision. This is not a "public hearing", but the public may be allowed to attend. And it is not an appeal. It is simply the full Hearing Board hearing the request for the interim variance, which was granted by one of its members.
At the same time that we learned of this procedure, we learned that several people had already called George Rau to complain about the granting of the interim variance. So Lily Phoenix called both the Air Pollution Control District and Mr. Rau to let them know that since there had been complaints about the issuing of the interim variance by a single member of the Board, a hearing by the full Board would be required - within ten days of the original decision. Mr. Rau requested that the MEC submit a protest of the issuing of the interim variance in writing, which we did. The District then set the date for the hearing by the full Board, the first part of which occurred on January 26th at Mendocino College.
Even though there was only 24 hours notice prior to the Saturday hearing, over 200 people attended. The auditorium was filled with both Masonite employees and many people concerned about the health impacts of the increased emissions.
David Faulkner, the Officer of the Air Pollution Control District, presented the staff recommendation that the interim variance be denied based on new information he had that Masonite did not yet have a valid permit for this new operation, and was still operating under an authority to construct.
Following Mr. Faulkner's recommendation and Masonite's response, public comment was allowed. A letter was read from the woman whose son has cancer, who had protested the variance granted last fall. There was also testimony from a woman whose husband, a chronic asthma sufferer, had died the weekend after the interim variance was granted - at the same time that Masonite's emissions increased so drastically. So many other people wished to testify that the hearing had to be continued.
The second part of the hearing occurred on January 30th at the Civic Center. More excellent testimony was presented by a wide spectrum of the community. Robert Leonard from the Surveillance Division of the State Air Resources Board gave a very dynamic presentation, stating emphatically, over and over again, that if the interim variance was granted, it was clear that a public nuisance would exist. Masonite employees testified that their jobs would be jeopardized if the interim variance was not granted. In all, more than ten hours of testimony was presented, after which the Hearing Board voted to deny the interim variance.
Masonite still has an application before the Hearing Board for a regular variance, and at this time it appears that the public hearing for this variance will be on March 5th.
In the meantime, Masonite cannot exceed State or District emission limits without being cited and (hopefully) fined. Stay in touch with the MEC (468-1660) and the Air Pollution Control District (463-4354) regarding the next variance hearing - for many things could occur between now and the March 5th date. An abatement order could be issued which would nullify the need for the variance; Masonite could withdraw the application for the variance and submit a new application - or - a miracle could occur, and Masonite might find a way to properly fix the equipment and rectify the problem, so they wouldn't need to have either an abatement order or a variance!
We wish to thank everyone in the community who responded so quickly and attended these hearings. It is our vigilance and our participation which will ultimately correct this and the many other situations facing us. Thanks, also, to those who contributed to our "appeal fund". An appeal may still be necessary, so those funds are greatly appreciated. Anyone else who wishes to contribute to our "appeal fund" may send checks to the MEC, marked "appeal fund."
A special thanks to Lily Phoenix and Phyl Diri!!! It is largely Lily's expert and thorough research and persistence that enabled this re-hearing to take place. And we greatly appreciate Phyl Diri agreeing to serve as MEC's legal counsel for this matter. It was rather short notice and Phyl did a great job!
We must continue to be vigilant! We are asking for volunteers to go out of their way to monitor Masonite. We will keep a central log of complaints at the MEC in case legal action becomes necessary. We ask that you do the following:
If you are having health effects, see dirty plumes, thick smog layers, or smell odors such as linseed oil and/or paint (Masonite has a waste-paint processing facility too, and the tanks are open to the air), make three calls:
* APCD, 463-4354. Even if the machine answers, give them your name, the time, the date, your address and phone number, and the nature of your perceived complaint. Specifically ask that they investigate, issue appropriate citations, and advise you of their actions.
* Supervisor Marilyn Butcher (Masonite is in her District) and the Supervisor from your District: 463-4221. Tell them the nature of your observation and complaint, and let them know you have also notified Air Quality.
* The MEC, 468-1660. Give us just the facts of your complaint and your action so we can keep a central log.
Copyright Mendocino Environmental Center 2004
Permission granted to excerpt or use this article if source is cited