TONOPAH -- A slimmed down 2008-09 chip seal program costing $1.22 million was approved by Nye County commissioners Tuesday, with some of the project to be funded in the next fiscal year beginning July 1.

Last July the county had approved a $2.5 million chip seal program for Pahrump, Amargosa Valley, Crystal and Beatty. Road crews don't normally begin chip sealing roads until the weather warms up.

The latest option will address 22.7 miles of gravel roads in Pahrump identified as a major source of dust pollution along with 7.7 miles of Valley View Boulevard in Amargosa Valley and 2.7 miles in Crystal.

The budget is tight for this year, but acting Public Works Director Dave Fanning reminded county commissioners about a memorandum of understanding with the Nevada Division of Environmental Protection in September 2003 whereby Nye County agreed to do 40 miles of dust abatement each year.

That came after Pahrump Valley was found to be out of compliance with the Clean Air Act regulations on dust control 27 times in 2001-03.

From 1996 to 2000, Fanning said his crews used magnesium chloride to try to control dust on gravel roads without success.

"As we looked at the situation we saw traffic getting worse and conditions weren't getting better," Fanning said.

Nye County has until the end of this year to comply with Clean Air Act standards on particulate matter or, Nye County Air Quality Compliance Officer George Bernath warned, the memorandum would be extended through 2014.

Harsh constraints on development would result if Pahrump is listed as a non-attainment area.

NDEP will evaluate if more stringent control measures are needed beyond Dec. 31.

Commissioner Gary Hollis was angry about what he called an unfunded mandate.

"We can't keep digging money out of the hole to help the state and federal government so they can get up in their speeches in the United States Senate and say we're cleaning your air up," Hollis said. "They aren't doing anything -- the board of county commissioners are doing it."

Bernath said NDEP is disputing the U.S. Environmental Protection Agency over some days when Pahrump exceeded standards on particulate matter from 2006-08 due to natural conditions.

"The EPA has a natural events policy. If air pollution is caused by a natural event -- in our case it's high winds -- the NDEP can present a case to the EPA to have those exceedances thrown out," Bernath said. "If those exceedances are thrown out, we will be in compliance. If they're not thrown out, we will not be in compliance."

Amargosa Valley Town Board Chairman Jan Cameron requested more money for chip sealing roads.

"With all the development issues in Amargosa Valley, the fact that we are not surfacing any additional new roads means we are not paying now but you're going to have to pay later. Amargosa Valley is in the process of growing," Cameron said. "We are going to be in a worse situation than Pahrump found itself a few years ago because we have a much bigger valley."

* On another road matter, Cameron was unsuccessful at persuading commissioners to rename Amargosa Farm Road simply Farm Road. Planner Kelly Harris said it would involve too much time and money to notify all the residents and change parcel maps.

* A bond in lieu of road construction for parcels of land west of T&T Road in Amargosa Valley was increased from $70,000 to $100,000 despite protests by developer John Buchanan that the drop in the price of oil reduced the cost of road construction. Buchanan presented a quote of $60,250 to construct 70,200 square feet of gravel roads.

Commissioner Joni Eastley voted against the agreement, saying she doesn't favor allowing developers to post bonds in lieu of actual road construction.