Amended Rule 317 - Clean Air Act Non-Attainment Fees and Replacement of 2007 AQMP Control Measure #2007 MCS-08 (Clean Air Act Emission Fees for Major Stationary

Amended Rule 317 - Clean Air Act Non-Attainment Fees and Replacement of 2007 AQMP Control Measure #2007 MCS-08 (Clean Air Act Emission Fees for Major Stationary

Note: Shortened Review Proposed amended Rule (PAR) 317 would replace 2007 AQMP control measure #2007 MCS-08 - Clean Air Act Emission Fees for Major Stationary Sources, which requires imposing an emissions fee of $5,000 (1990 dollars) per ton of volatile organic compound (VOC) or oxides of nitrogen (NOx), emitted by each major source in excess of 80 percent of the source's 2010 emissions beginning in 2011 in areas where the former federal one-hour ozone ambient air quality standard is not met by the year 2010, which includes all areas within the SCAQMD's jurisdiction. It would also replace earlier similar measures; 1997 AQMP Control Measures FSS-04 and the 1994 AQMP Control Measure CTY-10. U.S. EPA has established guidance that would allow adoption of an alternative program to the 185 fees as long as the program is consistent with the principles of 172(e) of the Clean Air Act (CAA), which is an "anti-backsliding" provision that allows U.S. EPA, through rulemaking, to accept alternative programs that are "not less stringent," PAR 317 would implement an alternative program to the 185(e) fee program consistent with 172(e) by using certain existing fees and other funding sources that reduce NOx and/or VOC emissions or further infrastructure and technology. It would also provide for the SCAQMD to adopt a backstop rule if equivalency is not maintained.

Los Angeles, Orange, San Bernardino

California Department of Fish and Wildlife, South Coast Region 5 (CDFW), California Department of Parks and Recreation, California Department of Public Health (CDPH), California Department of Transportation, District 7 (DOT), California Highway Patrol, California Native American Heritage Commission (NAHC), Department of Toxic Substances Control, Department of Water Resources, Resources Agency, State Water Resources Control Board, Divison of Financial Assistance

Proposed Rule Amendment

Air Quality