BOARD MEETING DATE: January 11, 2002
AGENDA NO. 18

Amend Rule 2202 - On-Road Motor Vehicle Mitigation Options

SYNOPSIS: 

The proposed amendments to Rule 2202 will (1) delete the Alternative Fuel Vehicle Credits, as prescribed by CARB Low Emission Vehicle II Standards, with the exception of Zero Emission Vehicles; (2) delete Remote Sensing as a strategy option due to the implementation of the Inspection & Maintenance Program (Smog Check II); (3) add a definition and exemption for "Police/Sheriff" employee category; and (4) incorporate other minor administrative changes and clarifications.

COMMITTEE: 

Mobile Source, October 26, 2001, Reviewed

RECOMMENDED ACTION:

Adopt the attached resolution:

1. Certifying the CEQA Final Environmental Assessment (EA) for Proposed 
   Amended Rule 2202 – On-Road Motor Vehicle Mitigation Options.
   
   
2. Amending Rule 2202 – On-Road Motor Vehicle Mitigation Options.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Rule 2202 – On-Road Motor Vehicle Mitigation Options requires employers with 250 or more employees on a full or part-time basis to implement an emission reduction program to reduce emissions related to employee commutes during the morning peak hours (6:00 AM to 10:00 AM). Employers may at their own discretion elect one of the following programs to be in compliance with Rule 2202:

1. Emission Reduction Strategies (ERS): The Rule’s emission reduction strategy option allows employers to meet their emission reduction target (ERT) by utilizing various alternative strategies such as mobile source emission reduction credits generated by Rule 1610 - Old-Vehicle Scrapping, Rule 1620 - Clean Off-Road Mobile Equipment, or other Mobile Source offset programs; Peak and Non-Peak Commute Trip Reductions; Vehicle Miles Traveled (VMT) Reductions; and other emission reduction strategies.
   
   
2. Air Quality Investment Program (AQIP): This option allows employers an alternative to implementing emission reduction strategies. Employers may elect to participate in a triennial compliance option and invest $125 per employee reporting to the worksite in the peak window; or annually invest $60 for each employee reporting to work in the peak window. The AQIP is used to meet projected quarterly emission reduction targets.
   
   
3. Employee Commute Reduction Program (ECRP): Employers may elect to implement an ECRP that will be reasonably likely to result in achieving their average vehicle ridership (AVR) goal within three years. Employers choosing to implement an ECRP under Rule 2202 are required to designate an Employee Transportation Coordinator (ETC) who is responsible for developing, implementing, monitoring, and marketing an ECRP to their employees. The designated ETC is required to attend a one-time 16-hour, AQMD-certified training course that discusses the implementation of a trip reduction program, submittal requirements, and a review of Rule 2202.

There are currently 1,490 work sites subject to Rule 2202. Fifty-nine percent of the sites comply with the ECRP option, 25 percent comply with the ERS option, and 16 percent comply with the AQIP option.

Proposal

The key elements of proposed amendments to Rule 2202 and corresponding guidelines are as follows:

• Deletion of the Alternative Fuel Vehicle (AFV) credits due to the implementation of the California Air Resources Board (CARB) Low Emission Vehicle (LEV) standards. However, AVR credit will continue to be granted for Zero Emission Vehicles (ZEVs);
  
  
• Deletion of Remote Sensing as a strategy option due to the implementation of the Enhanced Inspection and Maintenance Program (Smog Check II);
  
  
• Clarification of Rule compliance issues regarding annual due dates;
  
  
• Consistency and continuity throughout Rule 2202 and accompanying documents (Guidelines) regarding all definitions that pertain to employees or sub-categories of employees;
  
  
• Add the "Special Procedures" (modified version) section of the Employee Commute Reduction Program Guidelines to the Implementation Guidelines;
  
  
• Include language to the Implementation Guidelines regarding other potential sources of credit in meeting Emission Reduction Targets (ERT);
  
  
• Include the existing Emission Factor Tables from the Implementation Guidelines to Rule 2202 beginning with year 2000 through 2010; and
  
  
• Add this specific definition for "Police/Sheriff" employee category: Police/Sheriff means any employee who is certified as a law enforcement officer and is employed by any state, county or city entity. Such employees are only those police officers or sheriffs who perform field enforcement and investigative functions. This would not include employees in non-field or non-investigative administrative assignments. These employees shall be included in the employee count for rule applicability but are not required to be included in the number of employees in the peak window and may, therefore, be excluded from the Average Vehicle Ridership (AVR) survey. Those work sites electing to exclude such employees from the AVR survey and calculation must provide the basic ridesharing support strategies including, but not limited to, ridematching and transit information for all employees in this category, as well as preferential parking and guaranteed return trips for said employees who are ridesharing.

Policy Issues

There are no remaining unresolved policy issues associated with this proposal.

AQMP and Legal Mandates

The California Health and Safety Code requires the AQMD to adopt an AQMP to meet state and federal ambient air standards in the Basin. In addition, the California Health and Safety Code requires that the AQMD adopt rules and regulations that carry out the objectives of the AQMP. The proposed amendments to Rule 2202 are not required by a control measure of the 1997 AQMP, as amended in 1999. In addition, the proposed changes to Rule 2202 are not a result of any legal mandates.

CEQA and Socioeconomic Analysis

Pursuant to California Environmental Quality Act (CEQA) Guidelines §15252 and AQMD Rule 110, the AQMD has prepared an Environmental Assessment (EA) for PAR 2202. The Draft EA identified volatile organic compound (VOC), oxides of nitrogen (NOx) and carbon monoxide (CO) emission reductions potentially foregone as a potential significant adverse impact that cannot be mitigated below significance. No comment letters were received on the Draft EA, which was released for a 45-day public review and comment period. The Final EA is included as Attachment I of this Governing Board package.

No significant socioeconomic impacts have been identified as a result of the proposed rule amendments.

Implementation Plan

Current implementation and outreach programs are adequate to implement the proposed rule amendments.

Resource Impacts

Implementation of the proposed rule amendments is not expected to result in any impacts on staff or fiscal resources.

Attachments

1. Summary of Proposed Amended Rule 2202 – On-Road Motor Vehicle Mitigation Options
2. Rule Development Process
3. Key Contacts List
4. Resolution
5. Staff Report
6. Proposed Amended Rule 2202 – On-Road Motor Vehicle Mitigation Options
7. Employee Commute Reduction Program Guidelines
8. Implementation Guidelines
9. Final Environmental Assessment

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