Keeping the federal government from dictating new air quality rules in the Treasure Valley will be a tall order for Idaho air quality regulators.

But now that the Valley has exceeded ozone standards for three straight years, Idaho Department of Environmental Quality Administrator Toni Hardesty is seeing new focus on the issue from some of the very people who will need to make the tough decisions: Canyon County leaders and her own boss, Gov. Butch Otter.

Otter this month convinced the other members of the Board of Examiners, which oversees state financial practices, to allow agencies to help pay for employees to use pubic transit. And Canyon County officials are ready to talk about organizing a locally run vehicle testing program in time to reduce emissions by next summer.

"How can we be responsible elected officials, be responsible members of the Valley community and not make every effort to get something done by next summer?" asked Caldwell Mayor Garrett Nancolas said.

CANYON LEADERS DON'T WANT FEDS TO COME IN

Hardesty hopes that lower ozone readings in 2009 and 2010 could give the state a case to keep the U.S. Environmental Protection Agency from declaring Ada and Canyon counties a "nonattainment" area under the U.S. Clean Air Act.

If the area is designated, industry will see more regulations capping emissions of the chemicals that mix to create ozone. And transportation planners will have to show that new roads don't increase ozone, making it harder to keep up with growth.

The potential economic costs are forcing Nancolas to call for talks about emissions tests even though he thinks the lower federal ozone standard imposed earlier this year is wrong. Canyon County Commissioner Matt Beebe and Nampa Mayor Tom Dale agreed, in concept, that the county leaders should get together.

SMALL STEPS WON'T SOLVE IT, BUT THEY'RE A START

Weather and outside factors including smoke from regional forest fires and the price of gasoline will have as much impact as any action Valley residents take next summer. But everything the Valley does now will give Idaho a stronger hand in determining its own destiny, Hardesty said.

"There is no downside with starting reductions sooner than later," Hardesty said.

She plans to reach out to state and local leaders in the next two months to take some small steps:

Reduce vehicle trips.

Speed emissions testing.

Get gas stations to install systems to collect vapors from underground tanks.

She wants to build on Otter's efforts for transit incentives by getting the agencies to develop specific plans.

Hardesty will take those plans to private businesses in the area and encourage them to do the same thing.

"State government is trying to be a leader and set an example that the private sector will follow," she said.

STILL, SOME KEY LEADERS AREN'T ON BOARD YET

House Republican Majority Leader Mike Moyle of Star is not optimistic the state can avoid federal air controls since the ozone standard was lowered in March.

"I don't know how you fix it," Moyle said. "You can throw money at it, but what are you going to do, move the mountains that keep (the pollution) in the Valley?"

Even with the increased use of the Valley's bus system prompted by the rise in gas prices, Moyle isn't convinced that mass transit will attract enough people to make a difference. Last year, he agreed to allow local governments to pass a sales tax for transit needs, but only if the idea was contained in a constitutional amendment and approved by voters statewide. Transit supporters opposed his plan, and the Senate rejected it.

But Moyle said local governments have the power to expand mass transit with an increase property taxes or through local improvement districts, which don't need a popular vote.

"They don't have to do a local-option tax," Moyle said.

THE COUNTIES COULD WORK TOGETHER QUICKLY

DEQ officials say they can't get a state-run emissions testing program up and running by next summer because of the time needed to do the scientific air quality modeling, to set the rules for the program and to get public input.

But even if the counties wanted to move ahead with a local program, funding could be a problem, said Canyon Commissioner Beebe.

The Legislature allowed a charge of up to $20 per car for testing, but local governments would need to come up with up-front costs if they were to enter a joint-powers agreement and run a program themselves, Beebe said.

They do have the option of joining with Ada County's existing emissions testing program. Program Director Dennis Turner said earlier this year that if Canyon County approves an emissions testing program, he could get it into operation quickly. It would not need new funds, Turner said.

Beebe said that without the support of the cities, the county won't act.

Nancolas is the most enthusiastic about getting talks going now, but Dale also said he could support talks once DEQ convinces him that testing will reduce ozone pollution.

"Show me the science and I'll take it to the City Council," he said.

Boise Mayor Dave Bieter said if up-front costs are needed to help get a combined Ada-Canyon testing program going, Boise may be able to contribute.

"If emissions testing needs a little help we'd be willing to do that," Bieter said. "We've been active since the first day I came in."

Republican Sen. John McGee of Caldwell wanted to remind Ada County residents that they didn't start testing until they faced non-attainment in the 1990s and the ensuing economic threats.

"I think when the public realizes the federal government is going to come in and make decisions, they are going to act," McGee said.

Rocky Barker: 377-6484