NOTICE IS HEREBY GIVEN that a public hearing on the matter of adoption of rules and regulations for the South Coast Air Quality Management District (AQMD), or the amendments thereto, will be held on Friday, February 6, 2009, in the Diamond Bar Auditorium, AQMD Headquarters, 21865 Copley Drive, Diamond Bar, California, at 9:00 a.m. or later, at which time evidence will be taken and all interested persons will be heard by the AQMD Board.

NOTICE IS FURTHER GIVEN that the AQMD is considering amendments to Rule 317 – Clean Air Act Non-Attainment Fees and the objective of the proposed amendments is to implement the mandatory provisions of sections 182(d), 182(e), 182(f) and 185 of the 1990 amendments to federal Clean Air Act (Act) as they apply to major stationary sources of VOC or NOx located in the AQMD portions of the South Coast Air Basin or Salton Sea Air Basin if the air basins do not achieve the federal 1-hour ozone standard by their designated attainment dates.  The provisions of the Act require major stationary sources as defined in the Act, to reduce emissions of VOC and NOx to no more than eighty percent of their baseline emissions as authorized in the Act, including alternative methods for baseline emission determination, or annually pay fees based on the amount of NOx and VOC emissions that exceed the eighty percent of their baseline emissions, each year until attainment of the federal 1-hour ozone standard is demonstrated.  The fee rate is based on a formula specified in the Act.

NOTICE IS FURTHER GIVEN that the AQMD in considering the adoption of Proposed Amended Rule 317 – Clean Air Act Non-Attainment Fees, will consider implementation guidance on sections 182(d), 182(e), 182(f) and 185 of the Act approved by the United States Environmental Protection Agency.

NOTICE IS FURTHER GIVEN that the AQMD has prepared the following supporting documents consisting of:  Proposed Amended Rule 317 – Clean Air Act Non-Attainment Fees, Draft Staff Report for Proposed Rule 317, a California Environmental Quality Act Notice of Exemption and a Draft Socioeconomic Assessment for Proposed Rule 317.

The above documents and materials are available on the AQMD website at http://www.aqmd.gov/rules/proposed.html and may be obtained by contacting:

NOTICE IS FURTHER GIVEN that the proposed rule does not impose a new emission limit or standard within the meaning of Health and Safety Code Section 40727.2, as the District is required by law to adopt this rule, make an existing emission limit or standard more stringent, or impose new or more stringent monitoring, reporting, or recordkeeping requirements and therefore a comparative analysis pursuant to Health and Safety Code Section 40727.2 is not required.

NOTICE IS FURTHER GIVEN that at the conclusion of the hearing, the AQMD Board may make amendments to Proposed Amended Rule 317 – Clean Air Act Non-Attainment Fees, which are justified by the evidence presented or may decline to adopt the proposed rule.

Questions or comments regarding Proposed Amended Rule 317 – Clean Air Act Non-Attainment Fees can be directed to:

Interested persons may attend and submit oral or written statements at the Board Hearing.  Twenty-five (25) copies of all written materials must be submitted to the Clerk of the Boards.  Individuals who wish to submit written comments for review prior to the hearing must submit such comments to the Clerk of the Boards, 21865 Copley Drive, Diamond Bar, CA, 91765, (909) 396-2500, or to cob@aqmd.gov on or before January 27, 2008.  Electronic submittals will only be accepted if no more than 10 pages including attachments; and in MS Word, plain or HTML format.

DATED:  December 30, 2008                               SAUNDRA McDANIEL
                                                                         Clerk of the Board