[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Proposed Rules]
[Pages 51153-51156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20750]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0715; FRL-9932-73-Region 9]
Approval and Promulgation of Implementation Plans; California;
San Joaquin Valley Unified Air Pollution Control District; Employer
Based Trip Reduction Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a regulation submitted for incorporation into the San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD or District)
portion of the California State Implementation Plan (SIP). The
regulation, Rule 9410 (Employer Based Trip Reduction), establishes
requirements for employers in the San Joaquin Valley to implement
programs encouraging employees to use ridesharing and alternative
transportation methods to reduce air pollution. The effect of this
action would be to make the requirements of Rule 9410 federally
enforceable as part of the California SIP.
DATES: Written comments must be received on or before September 23,
2015.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R09-OAR-
2014-0715, by one of the following methods:
1. Federal Rulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Email: Jeffrey Buss at [email protected].
3. Mail: Jeffrey Buss, Air Planning Office (AIR-2), U.S.
Environmental Protection Agency, Region IX, 75 Hawthorne, San
Francisco, California 94105.
4. Hand or Courier Delivery: Jeffrey Buss, Air Planning Section
(AIR-2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne,
San Francisco, California 94105. Such deliveries are only accepted
during the Regional Office's normal hours of operation. Special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R09-OAR-
2014-0715. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information the disclosure of which
is restricted by statute. Do not submit information through
www.regulations.gov or email that you consider to be CBI or otherwise
protected from disclosure. The www.regulations.gov Web site is an
anonymous access system, which means EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an email comment directly to EPA without going through
www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at the
U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street,
San Francisco, California 94105. While all documents in the docket are
listed at www.regulations.gov, some information may be publicly
available for viewing only at the hard copy location (e.g., copyrighted
material, large maps), and some may not be publicly available at either
location (e.g., CBI). To inspect the docket materials in person, please
[[Page 51154]]
schedule an appointment during normal business hours with the contact
listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, Office of Air Planning,
U.S. Environmental Protection Agency, Region 9, (415) 947-4152, email:
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we'',
``us'', and ``our'' refer to EPA.
Table of Contents
I. Background
II. The State Submittal
III. Evaluation of the State Submittal
IV. Proposed Action and Request for Public Comment
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
The San Joaquin Valley (SJV) \1\ is currently designated as
nonattainment for several of the national ambient air quality standards
(NAAQS) promulgated by EPA under the Clean Air Act (CAA) for ozone and
fine particulate matter (PM2.5). Specifically, the SJV area
is designated and classified as extreme nonattainment for the 1-hour,
1997 8-hour, and 2008 8-hour ozone NAAQS; designated and classified as
serious nonattainment for the 1997 PM2.5 NAAQS; and
designated and classified as moderate nonattainment for the 2006 and
2012 PM2.5 NAAQS. See 40 CFR 81.305.
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\1\ The SJV area encompasses over 23,000 square miles and
includes all or part of eight counties in California's central
valley: San Joaquin, Stanislaus, Merced, Madera, Fresno, Tulare,
Kings, and Kern.
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Section 172(c)(1) of the Act requires that all nonattainment areas
implement, as expeditiously as practicable, reasonably available
control measures (RACM) including such reductions in emissions from
existing sources in the area as may be obtained through the adoption,
at a minimum, of reasonably available control technology (RACT).
Additionally, Section 189(a)(1)(C) of the Act requires that moderate
PM2.5 nonattainment areas implement RACM (including RACT)
and section 189(b)(1)(B) requires that serious PM2.5
nonattainment areas implement best available control measures (BACM),
including best available control technology (BACT). The SJV area is
subject to all of these control requirements as a result of its
designations and classifications for the ozone and PM2.5
NAAQS. For an ozone nonattainment area classified as severe or above,
section 182(d)(1)(B) also provides that a state may, in its discretion,
submit a SIP revision requiring employers to implement programs to
reduce work-related vehicle trips and miles travelled by employees.
Despite numerous air pollution control measures and programs that
the SJVUAPCD has implemented over the years to reduce air pollution,
the SJV continues to experience some of the worst air quality in the
nation. See, e.g., 80 FR 1482 (January 12, 2015) (discussing recent
PM2.5 air quality trends in SJV). As a result, the District
has increasingly relied upon nontraditional emission reduction
strategies to reduce air pollution in the SJV. See, e.g., 79 FR 28650
(May 19, 2014) (proposed action on SJV Rule 9610 concerning incentive
programs) and 80 FR 19020 (April 9, 2015) (final action on SJV Rule
9610). EPA supports state efforts to implement nontraditional and
innovative strategies for reducing air pollutant emissions, including
commuter programs to reduce the frequency that employees drive alone to
work. See, e.g., U.S. EPA, Transportation and Climate Division, Office
of Transportation and Air Quality, ``Commuter Programs: Quantifying and
Using Their Emission Benefits in SIPs and Conformity'' (February 2014).
II. The State Submittal
Table 1 lists the rule addressed by this proposal with the dates
that it was adopted by the local air agency and submitted by CARB.
Table 1--Submitted Rule
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Local agency Rule No. Rule title Adopted Submitted
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SJVUAPCD............................ 9410 Employer Based Trip 12/17/09 05/17/10
Reduction.
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On November 17, 2010, the submittal for Rule 9410 was deemed by
operation of law under CAA section 110(k)(1)(B) to meet the
completeness criteria in 40 CFR part 51 Appendix V. There are no
previous versions of Rule 9410 in the SIP.
The Rule 9410 SIP submittal includes Rule 9410 (as adopted December
17, 2009), the District's ``Final Staff Report: Rule 9410 (Employer
Based Trip Reduction)'' dated December 17, 2009 (Final Staff Report),
public process documentation, and technical support materials. CARB and
the District submitted this rule to satisfy a SIP-approved regulatory
commitment in the PM2.5 plan for the SJV. See 76 FR 69896 at
69926 (November 9, 2011) (PM2.5 control measure commitments,
codified at 40 CFR 52.220(c)(392)(A)(2)).
The California Health and Safety Code specifically authorizes the
District to adopt rules and regulations to reduce vehicle trips and
requirements for certain businesses employing at least 100 people to
establish rideshare programs. See Final Staff Report at 9 (citing
California H&SC sections 40601(d) and 40612). Consistent with these
authorities, Rule 9410 requires certain employers with at least 100
``eligible employees'' \2\ at a work site to establish programs to
reduce employee commute-related vehicle travel, referred to in the rule
as ``employer trip reduction implementation plans'' or ``ETRIPs.'' \3\
According to the District, approximately 36% of employees in the SJV
are employed at worksites with 100 or more employees. See Final Staff
Report at B-6. Employers subject to the rule must, among other things,
register with the SJVUAPCD, submit an ETRIP for each worksite to the
District, and submit annual compliance reports to the District. See
Rule 9410, sections 6.1, 6.3, and 6.5.
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\2\ ``Eligible employees'' do not include emergency health and
safety employees, farm workers, field construction workers, on-call
employees, part-time employees, seasonal employees, and volunteers,
among others. See Rule 9410, sections 3.19 and 3.31.
\3\ Rule 9410 defines ETRIP as a ``group of measures implemented
by an employer, designed to provide transportation information,
assistance, and/or incentives to employees'' and intended to
``reduce mobile source emissions by reducing the number of vehicle
miles traveled to the worksite.'' Rule 9410, section 3.28.
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III. Evaluation of the State Submittal
A. SIP Procedural Requirements
CAA sections 110(a)(1) and (2) and 110(l) require a state to
provide reasonable public notice and opportunity for public hearing
prior to the adoption and submittal of a SIP or SIP revision. To meet
this requirement, every SIP submittal should include
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evidence that adequate public notice was given and an opportunity to
request a public hearing was provided consistent with EPA's
implementing regulations in 40 CFR 51.102.
Both the District and CARB have satisfied applicable statutory and
regulatory requirements for reasonable public notice and hearing prior
to adoption and submittal of this SIP revision. The District conducted
public workshops, provided public comment periods, and held public
hearings prior to the adoption of Rule 9410 on December 17, 2009. See
SJVUAPCD Governing Board Resolution No. 09-12-19 (December 17, 2009).
CARB provided the required public notice and opportunity for public
comment prior to its public hearing on the plan. See CARB Executive
Order S-10-001 (May 17, 2010).
The SIP submittal includes proof of publication for notices of the
District and CARB public hearings, as evidence that all hearings were
properly noticed. We therefore find that the submittal meets the
procedural requirements of CAA sections 110(a) and 110(l).
B. Enforceability Requirements
Section 110(a)(2)(A) of the Act requires that each SIP ``include
enforceable emission limitations and other control measures, means or
techniques (including economic incentives such as fees, marketable
permits, and auctions of emissions rights), as well as schedules and
timetables for compliance, as may be necessary or appropriate to meet
the applicable requirements of [the Act].'' EPA generally considers a
requirement to be enforceable if it contains a clear statement as to
applicability; specifies the standard that must be met; states
compliance timeframes sufficient to meet the standard; specifies
sufficient methods to determine compliance, including appropriate
monitoring, record keeping and reporting provisions; and recognizes
relevant enforcement consequences. See ``Review of State Implementation
Plans and Revisions for Enforceability and Legal Sufficiency,''
September 23, 1987 (``1987 Potter Memo'') and ``Guidance on
Enforceability Requirements for Limiting Potential to Emit through SIP
and Section 112 Rules and General Permits,'' January 25, 1995 (``1995
PTE Policy'') at 5, 6.
Rule 9410 adequately addresses these recommendations for
enforceability. First, section 2.1 of the rule clearly states that the
requirements of the rule ``apply to each employer in the [SJV] Air
Basin with at least 100 Eligible Employees at a worksite for at least
16 consecutive weeks during the employer's previous fiscal year'' that
is located: (1) Within an incorporated city with a population of at
least 10,000; (2) within an incorporated city with a population of less
than 10,000, and more than 50 percent of their employees work at least
2,040 hours per year; or (3) within the unincorporated area of a
county, and more than 50 percent of their employees work at least 2,040
hours per year (section 2.1).
Second, sections 5.0 and 6.0 of the rule specify the requirements
that must be met by employers subject to the rule--e.g., the
requirements to implement an ETRIP for each worksite with 100 or more
``eligible employees'' (section 5.1); to include in each ETRIP measures
from several dozen listed strategies by specified implementation
deadlines (section 5.2); to submit to the District no later than July
1, 2010 or within 180 days after becoming subject to the rule a
complete ``employer registration form'' containing specific types of
information about the employer's business (section 6.1); and to verify
and report commuter activity to the District on an annual basis
(sections 6.4 and 6.5).
Third, sections 6.0 and 8.0 of the rule specify appropriate
compliance timeframes, including deadlines for employer registration
(section 6.1), submittal of the ETRIPs and related updates (section
6.3), and submittal of annual reports regarding commuter activity
(section 6.5).
Finally, section 6.0 of the rule specifies sufficient methods to
determine compliance, including requirements for employers to annually
collect information on the modes of transportation used for each
eligible employee's commutes to and from work for each day of the
``commute verification period'' \4\ (section 6.4.1); requirements for
employers to ``keep records of steps taken to implement measures . . .
included in the ETRIP on file for at least five years'' and to make
such records available to the District and EPA upon request (section
6.3.5); and requirements for employers to submit annual reports to the
District containing detailed information about the results of their
commute verifications, implemented ETRIP measures, and any updates to
an ETRIP (section 6.5).
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\4\ Section 3.11 of the rule generally defines ``commute
verification period'' as ``[a] period of at least one week, selected
by the employer to represent a typical work week,'' or in certain
cases a two-week pay period, that does not contain a federal, state,
or local holiday.
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All of these requirements are enforceable against covered employers
under state law (see Final Staff Report at A-13, citing California H&SC
sections 42402-42403) and, upon approval into the California SIP, would
also be enforceable under sections 113 and 304 of the CAA.
C. Section 110(l) of the Act
Section 110(l) of the CAA prohibits EPA from approving any SIP
revision that would interfere with any applicable requirement
concerning attainment and RFP or any other applicable CAA requirement.
The requirements and procedures in Rule 9410 are designed to reduce
mobile source emissions in the SJV by requiring certain businesses to
implement programs that encourage employees to reduce their vehicle
trips and miles traveled to and from worksites. Rule 9410 does not
revise any requirement in the applicable SIP. We propose to determine
that our approval of Rule 9410 would comply with CAA section 110(l)
because the proposed SIP revision would not interfere with the on-going
process for ensuring that requirements for attainment of the NAAQS and
other CAA provisions are met.
D. Estimated Emission Reductions
SJVUAPCD estimates that the ETRIP program reduced NOX,
VOC and PM2.5 emissions by 0.6, 0.6 and 0.05 tons per day
(tpd), respectively, in 2014 and will further reduce emissions of these
pollutants by 0.3, 0.4 and 0.06 tpd, respectively, in 2023. See Final
Staff Report at Appendix B, Table B-4. We find these emission reduction
estimates technically sound and generally consistent with the planning
assumptions in the District's 2008 PM2.5 Plan. See generally
id. at Appendix B and 2008 PM2.5 Plan, Appendix B, tables B-
1, B-2, and B-4.
We note that Rule 9610 requires each employer subject to the rule
to submit, beginning March 31, 2015, an annual compliance report
identifying the measures the employer implemented and the results of
the annual commute verification surveys distributed to employees. See
Rule 9410, section 6.5. We recommend that the District periodically
reassess the effectiveness of the ETRIP program and update its
estimates of the associated emissions reductions based on these
submitted reports and using the most recent EPA-approved version of the
EMFAC model.\5\
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\5\ EMFAC is the motor vehicle emissions factor model that EPA
has approved for use in California SIPs (78 FR 14533, March 6,
2013).
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IV. Proposed Action and Request for Public Comment
Under section 110(k)(3) of the CAA, EPA is proposing to fully
approve the submitted rule as a revision to the California SIP. We will
accept comments from the public on this proposal for the next 30 days.
V. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the SJVUAPCD rule described in Table 1 of this notice. The
EPA has made, and will continue to make, these documents available
electronically through www.regulations.gov and in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely proposes to approve state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Oxides of
nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: August 6, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2015-20750 Filed 8-21-15; 8:45 am]
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