BOARD MEETING DATE: November 17, 1995

AGENDA NO. 10

PROPOSAL:

Set Hearing to Adopt Proposed Rule 2202 - On-Road Motor Vehicle Mitigation Options and Rescind Rules 1501 and 1501.1.

SYNOPSIS:

At its October 13, 1995 meeting, the Board directed staff to return in December with a new rule designed to replace Rule 1501 - Work Trip Reduction Plans, and Rule 1501.1 - Alternatives to Work Trip Reduction Plans. Proposed Rule 2202 - On-Road Motor Vehicle Mitigation Options has been designed for that purpose and would provide employers with a menu of performance based compliance options. The voluntary submittal of trip reduction plans is also allowed at the sole discretion of employers. Proposed Rule 2202 is designed to result in equivalent emission reductions anticipated through the implementation of Rule 1501 and 1501.1.

COMMITTEE:

Mobile Source, October 20, 1995, No Action

RECOMMENDED ACTION:

Set a Public Hearing December 8, 1995, to Adopt Proposed Rule 2202 - On-Road Motor Vehicle Mitigation Options, and to Rescind Rules 1501 - Work Trip Reduction Plans and 1501.1 - Alternatives to Work Trip Reduction Plans upon adoption of Rule 2202.

James M. Lents, Ph.D.

Executive Officer

BW:CLW:LT:ENL

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Background

The AQMD adopted Rules 1501 - Work Trip Reduction Plans and 1501.1 - Alternatives to Work Trip Reduction Plans to comply with federal and state requirements. The use of mandatory rideshare plans as a clean air strategy has been criticized by many employers subject to Rule 1501.

In October 1995, the AQMD Governing Board held a public hearing to receive comments on existing Rules 1501 and 1501.1, and to review a program status report. At that time, in response to employer comments and to recently enacted state legislation prohibiting the mandatory submittal of trip reduction plans, the Board directed staff to return in December with a new rule to replace Rules 1501 and 1501.1. A replacement rule is required to maintain compliance with federal Clean Air Act requirements and to ensure expeditious progress toward clean air standards.

Proposal

Proposed Rule 2202 - On-Road Motor Vehicle Mitigation Options is being designed to reduce or mitigate mobile source emissions from employee commutes and is proposed to replace Rules 1501 and 1501.1. It provides members of the regulated community with a menu of flexible and cost effective emission reduction strategies from which they can choose to implement and meet the emission reduction target for their site. The intent of the rule is to make compliance less costly, more flexible, and easier to implement. Strategies that are available to employers include old-vehicle scrapping, credits from clean on-road vehicles and off-road equipment, the use of remote sensing to identify and subsequently repair gross polluting vehicles, and emission reduction credits from stationary sources generated after January 1, 1996. In addition, employers may earn credits for the use of alternative fuel vehicles, the reduction of vehicle miles traveled (VMT), and other trip reduction activities that they implement at their sole discretion. An air quality investment program is also provided to employers with 100 to 500 employee with options for a one year or three year payment. Furthermore, Proposed Rule 2202 allows companies the option of continuing to implement traditional rideshare plans and be deemed in compliance with the rule. Finally, Proposed Rule 2202 is designed as an interim measure to be replaced with market incentive strategies when they are implemented.

The new rule will apply to worksites with 100 or more employees and would result in equivalent emission reductions with Rule 1501 and 1501.1. The rule contains a sunset provision effective three years after adoption, provided replacement measures are implemented.

The Board's Mobile Source Committee has scheduled a special meeting for November 27, 1995, to review any remaining issues related to proposed Rule 2202. At that meeting staff will present an overview of comments received at the public workshops and consultation meetings.

Attachments

  1. Rule Development Process
  2. Draft Proposed Rule
  3. Draft Staff Report
  4. Draft Implementation Guidelines
  5. Draft Employee Commute Reduction Program Guidelines