TheBakersfieldCalifornian.com

The San Joaquin Valley Air Pollution Control District has created a new plan for keeping ozone levels below the EPA limit, even as local drivers and businesses brace for a $29 million noncompliance fee.

That controversial annual fine, which could go into effect as early as the fall, will tack on $12 to valley car registrations and charge large businesses that haven't invested in emissions-reducing technology.

But, if the district can go three years without an ozone violation -- and so far this year, there haven't been any -- the EPA will lift the penalty. The district's latest publicity campaign will try to forecast potential violations in hopes residents will help cut pollution.

"If there are no violations from 2011-2013, the DMV fee sunsets," said district spokeswoman Jaime Holt. "We want people to know they're in control of the pollution that tips the scales for us."

Valley residents' extra vehicle registration fees will generate about $19 million while the remaining $10 million will come from large industrial businesses. The money gathered will come back to the district in the form of grant programs that help decrease emissions.

Predicting air violations

This year, the valley has edged close to the ozone violation threshold, which is 125 parts per billion during a one-hour period. The Fresno area climbed to 122 twice in July, and recorded three June days at 119.

By studying previous years' data, the district found that violations tend to occur around the beginning of the school year, in the afternoons between 2 and 5 p.m.

During those periods, a series of events may be conspiring to drive up ozone, which is created when ultraviolet rays react with pollutants.

On hot, late August afternoons, parents are picking up their kids, or idling as they wait in the parking lot. That's also the time when people drive home from work. High populations might exacerbate the problem since college students have returned from their summer break and fewer people are on vacation.

The district is hoping to keep this year's ozone under the threshold by alerting residents when a violation is likely. During those times, they'll ask residents to put off errands, carpool, bike to work or school, or simply refrain from idling their car.

The district will put out an "air alert," giving residents 48-hours notice before the expected violation in hopes of changing car use.

An unfair penalty

In the meantime, Congressman Kevin McCarthy, R-Bakersfield, has introduced a bill that would repeal the $29 million fine. He pointed to the valley's dramatic reduction of bad air days over the past several years.

In 2010, there were seven ozone violations, compared to 56 in 1996, according to the district.

"You don't punish people, you reward them," McCarthy said. "Where's the encouragement to improve further?"

Because of the Valley's location, and Bakersfield's position at the "end of the bucket," the region ends up taking the blame for others' pollution, he added.

At the district, officials share McCarthy's frustration.

"We'd like to have an extension to give us more time, but the Clean Air Act is a one-size-fits-all approach," Holt said.

The district had looked into not paying the $29 million, but the EPA would have taken the money directly from valley businesses -- and those dollars wouldn't have returned to the area as grant funding, she said.

Under the current plan, the district will fine valley businesses that don't have the "best available control technology," Holt said. She did not name any businesses on the list, but said they'll be "large industrial stationary sources," not smaller retail stores, offices or independent restaurants.

While some Bakersfield businesses will be affected, many of the area's chief industries -- such as agriculture, dairy and oil -- have already taken many steps to upgrade their equipment, the district said.

The district's plan was "the only fair way to do it," said Les Clark, the executive vice president for the Independent Oil Producers' Agency. Industry has already reduced emissions significantly, and putting the entire fine on them wouldn't be right, he said.