80 FR 51153 - Approval and Promulgation of Implementation Plans; California; San Joaquin Valley Unified Air Pollution Control District; Employer Based Trip Reduction Programs
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 163 (August 24, 2015)
Federal Register Volume 80, Issue 163 (August 24, 2015)
| Page Range | 51153-51156 | |
| FR Document | 2015-20750 |
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)] [Proposed Rules] [Pages 51153-51156] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20750] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 buss.jeffrey@epa.gov. 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: buss.jeffrey@epa.gov. 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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 ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Adopted Submitted ---------------------------------------------------------------------------------------------------------------- SJVUAPCD............................ 9410 Employer Based Trip 12/17/09 05/17/10 Reduction. ---------------------------------------------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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 [[Page 51155]] 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). --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \5\ EMFAC is the motor vehicle emissions factor model that EPA has approved for use in California SIPs (78 FR 14533, March 6, 2013). --------------------------------------------------------------------------- [[Page 51156]] 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] BILLING CODE 6560-50-P
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time as EPA determines that the areas on this action should do so at this time. Protection Agency, Region IX, 75
meet the CAA requirements for Please note that if EPA receives adverse Hawthorne, San Francisco, California
redesignation to attainment and takes comment on an amendment, paragraph, 94105.
action to redesignate the areas. or section of this rule and if that 4. Hand or Courier Delivery: Jeffrey
DATES: Comments must be received on provision may be severed from the Buss, Air Planning Section (AIR–2), U.S.
or before September 23, 2015. remainder of the rule, EPA may adopt Environmental Protection Agency,
ADDRESSES: Submit your comments, as final those provisions of the rule that Region IX, 75 Hawthorne, San
identified by Docket ID No. EPA–R05– are not the subject of an adverse Francisco, California 94105. Such
OAR–2015–0408 (Chicago area) or EPA– comment. For additional information, deliveries are only accepted during the
R05–OAR–2015–0409 (Eagan area), by see the direct final rule which is located Regional Office’s normal hours of
one of the following methods: in the Rules section of this Federal operation. Special arrangements should
1. www.regulations.gov: Follow the Register. be made for deliveries of boxed
on-line instructions for submitting information.
Dated: August 10, 2015.
comments. Instructions: Direct your comments to
Susan Hedman, Docket ID No. EPA–R09–OAR–2014–
2. Email: aburano.douglas@epa.gov. Regional Administrator, Region 5.
3. Fax: (312) 408–2279. 0715. EPA’s policy is that all comments
4. Mail: Douglas Aburano, Chief, [FR Doc. 2015–20776 Filed 8–21–15; 8:45 am] received will be included in the public
Attainment Planning and Maintenance BILLING CODE 6560–50–P docket without change and may be
Section, Air Programs Branch (AR–18J), made available online at
U.S. Environmental Protection Agency, www.regulations.gov, including any
77 West Jackson Boulevard, Chicago, ENVIRONMENTAL PROTECTION personal information provided, unless
Illinois 60604. AGENCY the comment includes information
5. Hand Delivery: Douglas Aburano, claimed to be Confidential Business
40 CFR Part 52 Information (CBI) or other information
Chief, Attainment Planning and
Maintenance Section, Air Programs [EPA–R09–OAR–2014–0715; FRL–9932–73– the disclosure of which is restricted by
Branch (AR–18J), U.S. Environmental Region 9] statute. Do not submit information
Protection Agency, 77 West Jackson through www.regulations.gov or email
Boulevard, Chicago, Illinois 60604. Approval and Promulgation of that you consider to be CBI or otherwise
Such deliveries are only accepted Implementation Plans; California; San protected from disclosure. The
during the Regional Office normal hours Joaquin Valley Unified Air Pollution www.regulations.gov Web site is an
of operation, and special arrangements Control District; Employer Based Trip anonymous access system, which means
should be made for deliveries of boxed Reduction Programs EPA will not know your identity or
information. The Regional Office official contact information unless you provide
AGENCY: Environmental Protection
hours of business are Monday through it in the body of your comment. If you
Agency (EPA).
Friday, 8:30 a.m. to 4:30 p.m., excluding send an email comment directly to EPA
ACTION: Proposed rule. without going through
Federal holidays.
Please see the direct final rule which SUMMARY: The Environmental Protection www.regulations.gov, your email
is located in the Rules section of this Agency (EPA) is proposing to approve a address will be automatically captured
Federal Register for detailed regulation submitted for incorporation and included as part of the comment
instructions on how to submit into the San Joaquin Valley Unified Air that is placed in the public docket and
comments. Pollution Control District (SJVUAPCD made available on the Internet. If you
or District) portion of the California submit an electronic comment, EPA
FOR FURTHER INFORMATION CONTACT: Eric recommends that you include your
Svingen, Environmental Engineer, State Implementation Plan (SIP). The
regulation, Rule 9410 (Employer Based name and other contact information in
Attainment Planning and Maintenance the body of your comment and with any
Section, Air Programs Branch (AR–18J), Trip Reduction), establishes
requirements for employers in the San disk or CD–ROM you submit. If EPA
Environmental Protection Agency, cannot read your comment due to
Region 5, 77 West Jackson Boulevard, Joaquin Valley to implement programs
technical difficulties and cannot contact
Chicago, Illinois 60604, (312) 353–4489, encouraging employees to use
you for clarification, EPA may not be
svingen.eric@epa.gov. ridesharing and alternative
able to consider your comment.
SUPPLEMENTARY INFORMATION: In the transportation methods to reduce air
Electronic files should avoid the use of
Final Rules section of this Federal pollution. The effect of this action
special characters, any form of
Register, EPA is making an attainment would be to make the requirements of
encryption, and be free of any defects or
determination as a direct final rule Rule 9410 federally enforceable as part
viruses.
without prior proposal because the of the California SIP. Docket: Generally, documents in the
Agency views this as a noncontroversial DATES: Written comments must be docket for this action are available
submittal and anticipates no adverse received on or before September 23, electronically at www.regulations.gov
comments. A detailed rationale for the 2015. and in hard copy at the U.S.
approval is set forth in the direct final ADDRESSES: Submit your comments, Environmental Protection Agency,
rule. If no adverse comments are identified by Docket No. EPA–R09– Region IX, 75 Hawthorne Street, San
received in response to this rule, no OAR–2014–0715, by one of the Francisco, California 94105. While all
rmajette on DSK2VPTVN1PROD with PROPOSALS
further activity is contemplated. If EPA following methods: documents in the docket are listed at
receives adverse comments, the direct 1. Federal Rulemaking Portal: http:// www.regulations.gov, some information
final rule will be withdrawn and all www.regulations.gov. Follow the on-line may be publicly available for viewing
public comments received will be instructions for submitting comments. only at the hard copy location (e.g.,
addressed in a subsequent final rule 2. Email: Jeffrey Buss at buss.jeffrey@ copyrighted material, large maps), and
based on this proposed rule. EPA will epa.gov. some may not be publicly available at
not institute a second comment period. 3. Mail: Jeffrey Buss, Air Planning either location (e.g., CBI). To inspect the
Any parties interested in commenting Office (AIR–2), U.S. Environmental docket materials in person, please
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evidence that adequate public notice consecutive weeks during the under state law (see Final Staff Report
was given and an opportunity to request employer’s previous fiscal year’’ that is at A–13, citing California H&SC sections
a public hearing was provided located: (1) Within an incorporated city 42402–42403) and, upon approval into
consistent with EPA’s implementing with a population of at least 10,000; (2) the California SIP, would also be
regulations in 40 CFR 51.102. within an incorporated city with a enforceable under sections 113 and 304
Both the District and CARB have population of less than 10,000, and of the CAA.
satisfied applicable statutory and more than 50 percent of their employees
regulatory requirements for reasonable work at least 2,040 hours per year; or (3) C. Section 110(l) of the Act
public notice and hearing prior to within the unincorporated area of a
adoption and submittal of this SIP Section 110(l) of the CAA prohibits
county, and more than 50 percent of
revision. The District conducted public their employees work at least 2,040 EPA from approving any SIP revision
workshops, provided public comment hours per year (section 2.1). that would interfere with any applicable
periods, and held public hearings prior Second, sections 5.0 and 6.0 of the requirement concerning attainment and
to the adoption of Rule 9410 on rule specify the requirements that must RFP or any other applicable CAA
December 17, 2009. See SJVUAPCD be met by employers subject to the requirement. The requirements and
Governing Board Resolution No. 09–12– rule—e.g., the requirements to procedures in Rule 9410 are designed to
19 (December 17, 2009). CARB provided implement an ETRIP for each worksite reduce mobile source emissions in the
the required public notice and with 100 or more ‘‘eligible employees’’ SJV by requiring certain businesses to
opportunity for public comment prior to (section 5.1); to include in each ETRIP implement programs that encourage
its public hearing on the plan. See measures from several dozen listed employees to reduce their vehicle trips
CARB Executive Order S–10–001 (May strategies by specified implementation and miles traveled to and from
17, 2010). deadlines (section 5.2); to submit to the worksites. Rule 9410 does not revise any
The SIP submittal includes proof of District no later than July 1, 2010 or requirement in the applicable SIP. We
publication for notices of the District within 180 days after becoming subject propose to determine that our approval
and CARB public hearings, as evidence to the rule a complete ‘‘employer of Rule 9410 would comply with CAA
that all hearings were properly noticed. registration form’’ containing specific section 110(l) because the proposed SIP
We therefore find that the submittal types of information about the revision would not interfere with the
meets the procedural requirements of employer’s business (section 6.1); and to on-going process for ensuring that
CAA sections 110(a) and 110(l). verify and report commuter activity to requirements for attainment of the
B. Enforceability Requirements the District on an annual basis (sections NAAQS and other CAA provisions are
6.4 and 6.5). met.
Section 110(a)(2)(A) of the Act Third, sections 6.0 and 8.0 of the rule
requires that each SIP ‘‘include specify appropriate compliance D. Estimated Emission Reductions
enforceable emission limitations and timeframes, including deadlines for
other control measures, means or employer registration (section 6.1), SJVUAPCD estimates that the ETRIP
techniques (including economic submittal of the ETRIPs and related program reduced NOX, VOC and PM2.5
incentives such as fees, marketable updates (section 6.3), and submittal of emissions by 0.6, 0.6 and 0.05 tons per
permits, and auctions of emissions annual reports regarding commuter day (tpd), respectively, in 2014 and will
rights), as well as schedules and activity (section 6.5). further reduce emissions of these
timetables for compliance, as may be Finally, section 6.0 of the rule pollutants by 0.3, 0.4 and 0.06 tpd,
necessary or appropriate to meet the specifies sufficient methods to respectively, in 2023. See Final Staff
applicable requirements of [the Act].’’ determine compliance, including Report at Appendix B, Table B–4. We
EPA generally considers a requirement requirements for employers to annually find these emission reduction estimates
to be enforceable if it contains a clear collect information on the modes of technically sound and generally
statement as to applicability; specifies transportation used for each eligible consistent with the planning
the standard that must be met; states employee’s commutes to and from work assumptions in the District’s 2008 PM2.5
compliance timeframes sufficient to for each day of the ‘‘commute Plan. See generally id. at Appendix B
meet the standard; specifies sufficient verification period’’ 4 (section 6.4.1); and 2008 PM2.5 Plan, Appendix B, tables
methods to determine compliance, requirements for employers to ‘‘keep
B–1, B–2, and B–4.
including appropriate monitoring, records of steps taken to implement
record keeping and reporting measures . . . included in the ETRIP on We note that Rule 9610 requires each
provisions; and recognizes relevant file for at least five years’’ and to make employer subject to the rule to submit,
enforcement consequences. See such records available to the District beginning March 31, 2015, an annual
‘‘Review of State Implementation Plans and EPA upon request (section 6.3.5); compliance report identifying the
and Revisions for Enforceability and and requirements for employers to measures the employer implemented
Legal Sufficiency,’’ September 23, 1987 submit annual reports to the District and the results of the annual commute
(‘‘1987 Potter Memo’’) and ‘‘Guidance containing detailed information about verification surveys distributed to
on Enforceability Requirements for the results of their commute employees. See Rule 9410, section 6.5.
Limiting Potential to Emit through SIP verifications, implemented ETRIP We recommend that the District
and Section 112 Rules and General measures, and any updates to an ETRIP periodically reassess the effectiveness of
Permits,’’ January 25, 1995 (‘‘1995 PTE (section 6.5). the ETRIP program and update its
rmajette on DSK2VPTVN1PROD with PROPOSALS
Policy’’) at 5, 6. All of these requirements are estimates of the associated emissions
Rule 9410 adequately addresses these enforceable against covered employers reductions based on these submitted
recommendations for enforceability. reports and using the most recent EPA-
First, section 2.1 of the rule clearly 4 Section 3.11 of the rule generally defines
approved version of the EMFAC model.5
states that the requirements of the rule ‘‘commute verification period’’ as ‘‘[a] period of at
least one week, selected by the employer to
‘‘apply to each employer in the [SJV] Air represent a typical work week,’’ or in certain cases 5 EMFAC is the motor vehicle emissions factor
Basin with at least 100 Eligible a two-week pay period, that does not contain a model that EPA has approved for use in California
Employees at a worksite for at least 16 federal, state, or local holiday. SIPs (78 FR 14533, March 6, 2013).
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![51156 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Proposed Rules
IV. Proposed Action and Request for safety risks subject to Executive Order for the 2006 fine particulate matter
Public Comment 13045 (62 FR 19885, April 23, 1997); National Ambient Air Quality
Under section 110(k)(3) of the CAA, • is not a significant regulatory action Standards. The infrastructure
EPA is proposing to fully approve the subject to Executive Order 13211 (66 FR requirements are designed to ensure that
submitted rule as a revision to the 28355, May 22, 2001); the structural components of each
California SIP. We will accept • is not subject to requirements of state’s air quality management program
comments from the public on this Section 12(d) of the National are adequate to meet the state’s
proposal for the next 30 days. Technology Transfer and Advancement responsibilities under the CAA.
Act of 1995 (15 U.S.C. 272 note) because DATES: Comments must be received on
V. Incorporation by Reference application of those requirements would or before September 23, 2015.
In this rule, the EPA is proposing to be inconsistent with the Clean Air Act; ADDRESSES: Submit your comments,
include in a final EPA rule regulatory and identified by Docket ID No. EPA–R05–
text that includes incorporation by • does not provide EPA with the OAR–2009–0805 by one of the following
reference. In accordance with discretionary authority to address, as methods:
requirements of 1 CFR 51.5, the EPA is appropriate, disproportionate human 1. www.regulations.gov: Follow the
proposing to incorporate by reference health or environmental effects, using on-line instructions for submitting
the SJVUAPCD rule described in Table practicable and legally permissible comments.
1 of this notice. The EPA has made, and methods, under Executive Order 12898 2. Email: aburano.douglas@epa.gov.
will continue to make, these documents (59 FR 7629, February 16, 1994). 3. Fax: (312) 408–2279.
available electronically through In addition, the SIP is not approved 4. Mail: Douglas Aburano, Chief,
www.regulations.gov and in hard copy to apply on any Indian reservation land Attainment Planning and Maintenance
at the appropriate EPA office (see the or in any other area where EPA or an Section, Air Programs Branch (AR–18J),
ADDRESSES section of this preamble for Indian tribe has demonstrated that a U.S. Environmental Protection Agency,
more information). tribe has jurisdiction. In those areas of 77 West Jackson Boulevard, Chicago,
Indian country, the proposed rule does Illinois 60604.
VI. Statutory and Executive Order not have tribal implications and will not 5. Hand Delivery: Douglas Aburano,
Reviews impose substantial direct costs on tribal Chief, Attainment Planning and
Under the Clean Air Act, the governments or preempt tribal law as Maintenance Section, Air Programs
Administrator is required to approve a specified by Executive Order 13175 (65 Branch (AR–18J), U.S. Environmental
SIP submission that complies with the FR 67249, November 9, 2000). Protection Agency, 77 West Jackson
provisions of the Act and applicable Boulevard, Chicago, Illinois 60604.
List of Subjects in 40 CFR Part 52 Such deliveries are only accepted
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP Environmental protection, Air during the Regional Office normal hours
submissions, EPA’s role is to approve pollution control, Carbon monoxide, of operation, and special arrangements
state choices, provided that they meet Incorporation by reference, should be made for deliveries of boxed
the criteria of the Clean Air Act. Intergovernmental relations, Oxides of information. The Regional Office official
Accordingly, this action merely nitrogen, Ozone, Reporting and hours of business are Monday through
proposes to approve state law as recordkeeping requirements, Volatile Friday, 8:30 a.m. to 4:30 p.m., excluding
meeting Federal requirements and does organic compounds. Federal holidays.
not impose additional requirements Dated: August 6, 2015.
Please see the direct final rule which
beyond those imposed by state law. For is located in the Rules section of this
Jared Blumenfeld,
that reason, this proposed action: Federal Register for detailed
Regional Administrator, Region IX. instructions on how to submit
• Is not a significant regulatory action [FR Doc. 2015–20750 Filed 8–21–15; 8:45 am]
subject to review by the Office of comments.
BILLING CODE 6560–50–P
Management and Budget under FOR FURTHER INFORMATION CONTACT:
Executive Orders 12866 (58 FR 51735, Sarah Arra, Environmental Scientist,
October 4, 1993) and 13563 (76 FR 3821, ENVIRONMENTAL PROTECTION Attainment Planning and Maintenance
January 21, 2011); AGENCY Section, Air Programs Branch (AR–18J),
• does not impose an information Environmental Protection Agency,
collection burden under the provisions [EPA–R05–OAR–2009–0805; FRL–9932–64– Region 5, 77 West Jackson Boulevard,
of the Paperwork Reduction Act (44 Region 5] Chicago, Illinois 60604, (312) 886–9401,
U.S.C. 3501 et seq.); arra.sarah@epa.gov.
Air Plan Approval; Michigan and
• is certified as not having a SUPPLEMENTARY INFORMATION: In the
Wisconsin; 2006 PM2.5 NAAQS PSD
significant economic impact on a Final Rules section of this Federal
and Visibility Infrastructure SIP
substantial number of small entities Register, EPA is approving the States’
Requirements
under the Regulatory Flexibility Act (5 SIP submittals as a direct final rule
U.S.C. 601 et seq.); AGENCY: Environmental Protection without prior proposal because the
• does not contain any unfunded Agency (EPA). Agency views these as noncontroversial
mandate or significantly or uniquely ACTION: Proposed rule. submittals and anticipates no adverse
affect small governments, as described comments. A detailed rationale for the
rmajette on DSK2VPTVN1PROD with PROPOSALS
in the Unfunded Mandates Reform Act SUMMARY: The Environmental Protection approval is set forth in the direct final
of 1995 (Pub. L. 104–4); Agency (EPA) is proposing to approve rule. If no adverse comments are
• does not have Federalism elements of state implementation plan received in response to this rule, no
implications as specified in Executive (SIP) submissions from Michigan further activity is contemplated. If EPA
Order 13132 (64 FR 43255, August 10, regarding Prevention of Significant receives adverse comments, the direct
1999); Deterioration and Wisconsin regarding final rule will be withdrawn and public
• is not an economically significant visibility infrastructure requirements of comments received will be addressed in
regulatory action based on health or section 110 of the Clean Air Act (CAA) a subsequent final rule based on this
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Document Created: 2015-12-15 10:55:19
Document Modified: 2015-12-15 10:55:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before September 23, 2015. | |
| Contact | Jeffrey Buss, Office of Air Planning, U.S. Environmental Protection Agency, Region 9, (415) 947-4152, email: [email protected] | |
| FR Citation | 80 FR 51153 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Oxides of Nitrogen; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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