(Adopted December8, 1995)(Amended March 8, 1996) (Amended November 8, 1996) (Amended October9, 1998)

PROPOSED AMENDED RULE 2202

- ON-ROAD MOTORVEHICLE MITIGATION OPTIONS
(a) Purpose The purpose ofthis Rule is to provide employers with a menu ofoptions to reduce mobile source emissions generated from employee commutes, an4 to comply with federal and state Clean Air Act requirements, including Health & Safety Code Section 40458, and Section 182(d)(l)(B) of the federal Clean Air Act. or the alternative compliance mechanism established with the District, the state, and federal governments underthe Environmental ProtectionAgency’s ProjectXL program.

lonows:

(1) On orbefore January 1, 2000, the applicability paragraph (b)(3) shall be adjusted as follows: (A~ Rule 2202 shall be suspended,
~

l__._. •~~_~_ ~ Ai__.~~ (b) Applicability (1) Effective December 8, 1995 June 19, 1998, this rule applies to any employer who employs 4-GO
~ or more employees on a full or part-time basis at a worksite for a consecutive six-month period calculated as a monthly average, exceptas provided in subdivision (1) ofthis rule. (2) Effective January 1, 1997the applicabilitythreshold specified in paragraph (b)(l) shall be raisedto 250. (3) On orbefore June 1, 1998, the applicabilitythreshold specified in paragraph ~)(2) shall be adji (A) Raised to 500, provided thattheAir Resources Board has determined thatvoluntary ridesharing and otherreplacementmeasures have fully achieved the emission reductionsthatwould have been achieved by the employers with lessthan 250 employees, exempted pursuantto paragraph (b)(2); or (B) Restoredto 100 ifthe Air Resources Board has not determinedthat voluntary ridesharing and otherreplacem~ the emission reduction levels specified in ures have achieved graph (b)(3)(A). threshold specified in

~L_ A oluntary ridesharing and other

2202

- 2measures have fully achieved the emission reductions thatwould have been achieved bythe employers with lessthan 500 employees, exempted pursuantto subparagraphs (b)(2) and (b)(3)(A); or (B) Restored to 250, ifthe AirResources Board has not determinedthat vuluntary riclesflanng ~u otnerreplacemcuL measures have achieved the emission reduction levels thatwould have been achieved by exemnted pursuantto with lessthan 500 employees paragraph (b)(3)(A); or (C) Restoredto 100, ifthe AirResources Board has not determinedthat voluntary ridesharing and otherreplacementmeasures have achieved the emission reduction levels thatwould have been achieved by employerswith lessthan 250 ~rnnl nv~ exempted pursuantto paragraph (b)(2).
orbefore June 1, 2001, the nnnlicnhimv ~eshold ofRule 2202 shall be adjusted as follows: (A) Rule 2202 shall be and is hereby repealed and adopted as abackstop rule provided thatthe AirResources Board has determinedthat voluntary ridesharing and otherreplacementmeasures fullyachieve the emission reductionsthatwould have been achieved by all employers with 100 ormore employees exempted pursuantto paragraphs (b)(2) and subparagraphs (b)(3)(A) and (b)(4)(A); or (B) Restoredto 500, ifthe Air Resources Board has determined that voluntary ridesharing and otherreplacementmeasures have only achieved the emission reduction levelsthatwould have been achieved by employers with lessthan 500 employees, exempted pursuantto paragraph (b)(2) and subparagraph (b)(3)(A); or (C) Restoredto 250, ifthe Air Resources Board has determinedthat voluntary ridesharing and other replacementmeasures have only achievedthe emission reduction levelsthatwould have been achieved by employers with less than 250 employees exempted pursuantto paragraph (b)(2; or (D) Restored to 100, ifthe Air Resources Board has determined that volunt~’ ridesharing and other replacementmeasures have not achievedthe emission reduction levelsthatwould have been achieved by employers with less than 250 employees exempted pursuantto paragraph (b)(2).

2202

- 3 ~mx(E) On orbefore June 1 ofeachyearthe applicabilitythreshold ofRule 2202 shall be adjusted pursuantto subparagraphs (b)(5)(B) through (b)(5)(D) ofthis rule depending on whatfinding the Air Resources Board has made concerning whethervoluntary ridesharing and other replacementmeasures have achieved equivalent emission reductions to thosethatwould have been achieved by exempted ‘~mnl nver’i ~~r’-’J (6) Six months priorto the effective dates specified in paragraphs (b)(3), (b)(4) and 

### (b)(5), the South CoastAirQuality Management District (District) and the Southern CaliforniaAssociation ofGovernments (SCAG) shall reportto the ARB onthe effectiveness ofthe voluntary rideshare and other replacement measures interms ofachieving equivalent level ofemission reductions asthe exempted employers ofRule 2202. Ifthere is adifference betweenthe District and SCAG concerningthe emissions reduced by replacement measures, the AirResources Board shall determine ifthese
measures have ifilly achieved the emission reductions thatwould have been achieved byt~e exempt employers. (7) IfRule 2202 is repealed, pursuantto paragraph (b)(5)(A), beginning January 1, 2002, and each yearthereafter, SCAG shall reportto the District onthe effectiveness ofthe voluntary rideshare efforts. The District, based on information pro’~°’4frr
~ A the alternative measures are achieving equival

--_-_~ Lt__ -. ,~ ~UIkU ~iu

~ sources, shall determinewhether

Rule 2202 as abackstop, to the extent neededto malce up the shortfall.
(c) Sunset Provision This rule shall be rescinded on Decembcr 31, 1998 orearlier, provided at such time thatareplacement measure is implemented which produces an equivalent level of emission reductions and such emission reductions are real, quantIfiable, and surplus relativeto the most recently adopted state implementation plan.
(d) Defmitions Forthe purpose ofthis Rule, the following definitions shall apply: (1) AIR QUALITY INVESTMENT PROGRAM (AQIP) is an emission reduction option, in which monies collected by the District from employers
are used to fhnd mobile source emission reduction programs that have been approved bythe District’s Governing Board. 4i__ fl
~ t..ii :....i.

2202-4(2) ALTERNATIVE FUEL VEHICLE is any vehicle powered by natural gas (NO), methanol, propane, liquefied petroleum gas (LPG) or electricity that has been certified andJor approved by the California Air Resources Board (CARB). to have met the transitional low-emission vehicle (TLEV), lowemission vehicle (LEV), ultra-low-emission vehicle (ULEV), or zeroemission vehicle (ZEV) emissions standards. (3) EMISSION REDUCTION TARGET (ERT) is the annual VOC, NOx, and CO emissions required to be reduced based on the number ofemployees per worksite and the employee emission reduction factor, determined in accordance with the provisions ofsubdivision (e) ofthis rule. (4) EMPLOYEE is any person employed by a person(s), firm, business, educational institution, non-profit agencyorcorporation, government orother entity. The term exempts the following in accordance with the Rule 2202

- On-Road Motor Vehicle Mitigation Options Implementation Guidelines (adooted December 8. 1995’) (amended October 9. 1998’) seasonal employees; temporary employees; volunteers; field personnel; field construction workers; and independent contractors. (5) EMPLOYER is any person(s), firm, business, educational institution, non profit agencyorcorporation, government agency, orotherentitythat employs 4-GO
~ or more employees. Several subsidiaries or units that occupy the
same work site and report to one common governing board or governing entity or that function as one corporate unit are considered to be one employer. (6) MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs) are real, quantifiable, emission reductions, in accordance with the California Air Resources Board’s Mobile Source Credit Guidelines, approved by the Executive Officer or designee, that can be used to comply with District Regulations, as authorized by Regulation XVI, Mobile Source Offset Programs. (7) NITROGEN OXIDES (NOx) are nitric oxides and nitrogen dioxides, collectively expressed as nitrogen dioxide. (8) PEAK COMMUTE TRIP is any employee trip from home to work occurring during the peakwindow. (9) PEAK

## WtNDOW is the period oftime, Monday through Friday between the hours of 6:00 AM and 10:00 AM, and used in calculating the vehicle trip emission credit.

2202

- 5(10) PERFORMANCE TARGET ZONE is a geographic area that determines the employee emission reduction factor for a particular worksite pursuant to the map in Attachment I ofthis rule. (11) REMOTE SENSiNG is an emissions reduction strategy in which grosspolluting vehicles are identified by exhaust gas analyzers. Remote sensors
measure absorption changes in the infrared or ultraviolet light spectrum and correlate that change to exhaust emissions levels. Emissions reductions resulting from the subsequent repair ofthe identified vehicles can be used to meet the emission reduction target according to the provisions ofparagraph (f)(4)(1), which allows creditsthrough RegulationXVI. (12) SCHOOL DISTRICT means a public agency of the state that is a school district of every kind or class except a community college district, and shall include a County Office ofEducation. (13) VEHICLE TRIP EMISSION CREDITS (VTEC) are the emission reductions that resultfrom the reduction ofpeak commute trips; otherwork relatedtrips; alternative fuel vehicles; or other District approved method; expressed in pounds per year per pollutant, and determined according to the provisions of subdivision (g) ofthis rule. (14) VOLATILE ORGANIC COMPOUND (VOC) is any volatile compound of carbon, excluding: methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonate, and exempt compounds as defined in District Rule 102. (15) WORKSITE means a structure, building, portion ofa building, or grouping of buildings that are in actual physical contact or are separated solely by a private orpublic roadway orotherprivate or public right-of-way, and that are occupied by the same employer. Employers may opt to treat more than one structure, building or grouping ofbuildings as a single worksite, even ifthey do not have the above characteristics, if they are located within a 2 mile radius and are in the same Performance TargetZone.
(e) Requirements An employer subject to this Rule shall annually regi~ter with the District beginning within 90 days ofreceipt ofnotification to implement an emission reduction program to reduce emissions related to employee commutes and to meet a worksite specific emission reduction target (ERT) specified forthe subsequent year. The annual ERT shall be determined according to the following equation, for VOC, NOx, and CO,

2202

- 6based on employee emission reduction factors specified in paragraph (m)(1) ofthis rule.

Emission r r ~ r ,i r I Employees i i Employee Emission i i i Vehicle Trip Reduction Target
= Xi

. I I

— I

L i L Reduction Factor i i i Emission Credit (lbs / year) L .JJ

Where: Employees

= Average daily number of employees reporting to work in the

Peak Window for a typical Monday through Friday period excludingthose weeks which include a national holiday.
Employee Emission Reduction Factor

= Determined by year of the registration submittal and the worksite Performance Target Zone in paragraph (m)(l) of this rule. Vehicle Trip Emission Credits
= Determined accordingto subdivision (g) ofthis rule.
(f) On-Road Vehicle Mitigation Options Employers shall imilement or use credits generated pursuant to one or more ofthe following emission reduction options to meet their Emission Reduction Target (ERT): (1) Old Vehicle Scrapping Credits Any person may implement an old vehicle scrapping program in accordance with Rule 1610 Old Vehicle Scrapping. (2) Clean On Road Vehicle Credits Anyperson may implement a clean on roadvehicle strategy in accordance with District Rule 1612 Credits forClean On Road Vehicles. (3) Clean Off Road Mobile Equipment Credits Anyperson may implement aclean offroadvehicle strategy in accordance with District Rule 1620 Credits forClean Off Road Mobile Equipment. (1) Remote Sensing Anyperson may implement a remote sensing program in accordance with the Rule 2202 On Road Motor Vehicle Mitigation Options Implementation

2202

- 7~L_1. Guidelines (adopted December 8, 1995) or an uit~rnuuv~ rneLuouuiogy approved by the Executive Officer or designee. The Executive Officer shall not approve an alternative methodology unless it includes baseline emission estimates, estimated pollutant reductions after repair, and demonstrates to the satisfaction of the Executive Officer that it will produce real, quantifiable, and surplus emission reductions. Emission reductions obtained from the implementation of remote sensing shall be determined according to the following equation:

Where: Pre Repair

— Measured emission rate priorto repairwork. Post Repair

— Measured emission rate immediately following repair woric. Miles Traveled

— Number ofmiles traveled following repair work until the

next regularly scheduled California Inspection and Maintenance Smog Check~ 

## ~)Q) Other Mobile Source Emission Reduction Credits Anyperson may implementamobile source offsetprogram in accordance with the provisions ofRegulationsXVI such as Old Vehicle Scrapping, Clean On-P’wl V~1,i~1e~c Clean Off-Road Mobile Eciuivment and Remote Sensing, otherthan paragraphs (f)(1), (2), and (3) ofthis rule. ~)(2) Emission Reduction Credits (ERC) from Stationary Sources Anyperson may electto use Emission Reduction Credits (ERC) generated from stationary sources afterJanuary 1, 1996, in accordance with the provisions ofRegulationXIII.

Air Quality Investment Program (AQIP) Notwithstanding other provisions ofthis rule, employers may participate in the airquality investment program by submitting an airquality investment, to be placed in a restricted fund as follows: in accordance with Rule 311

— Air Quality Investment Program (AOIP’) Fees.

2202

- 8(A) Annually submit $60 for each employee reporting to work in the peak window; or (B) Triennially submit $125 for each employee reporting to work in the peakwindow. The District shall use these funds to obtain an emission reduction or air quality benefit that is equivalent to the sum ofthe ERTs for all participating employers in the AQIP. The air quality investment fees shall be valid until July 1, 1996 May 1999. At such time the air quality investment fees shall be subject to Rule 306, and evaluated and adjusted annually to reflect market forces. (8)(4) OtherEmission Reduction Strategies Notwithstanding the foregoing provisions, any employer may receive credit toward its ERTforany emission reduction strategythatthe employerorother person demonstrates to the Executive Office achieves real, quantifiable, enforceable, and surplus emission reductions for a discrete period of time. Such strategies may include, but are not limited to, the reduction ofnon-work trips, other vehicle or engine accelerated turnover programs, investments in clean fuel infrastructure, clean fuel fleet purchases or conversion as specified in Regulation XVI, the provision of new vehicle purchase subsidies or discounts, and local community or development projects that reduce trip or energy demand or that expand clean fuel or high-occupancy travel options. The Executive Officer shall not approve an alternative emission reduction program unless it is consistent with other District regulations and Governing Board policies, and shall consider guidelines established bythe CaliforniaAir Resources Board and the Environmental ProtectionAgency.
(g) Vehicle Trip Emission Credits (VTEC) Employers may electto implement any ofthe following strategies and obtain vehicle trip emission credits that can be applied towards their ERT. Such actions are at the sole discretion ofthe employer. (1) Peak Commute Trip Reductions Employers may receive VTEC from employee commute reductions that
occur during the peak window in accordance with the Rule 2202

- On-Road Motor Vehicle Mitigation Options Implementation Guidelines (adopted December 8, 1995)(amended October 9, 1998). VTEC obtained from peak

2202

- 9commute trip reductions shall be determined according to the following equation:



## vmc

= ~ Creditable Commute 

# ] [ Emission

Lvehicle Reductions (CCVR)

## j X [Factor (EF)
Where: CCVR

= The daily average oftotal commute vehicle reductions that are

real, surplus, and quantifiable. EF

= Emission Factorin paragraph (m)(2) ofthis rule.

In calculating VTEC for the subsequent year, employers may utilize data from previous years obtained by one of the following methods, with the exception of (C’). provided that employers maintain programs that would reasonably be expected to achieve an equivalent level of reductions during the subsequent year: (A) Default data based on the weighted average of the average vehicle ridership survey data ofthe previousthree consecutive years, or (B) Data obtained by conducting an average vehicle ridership survey in accordance with the Rule 2202

- Commute Reduction Program Guidelines, or (C’) Databased on the defaultaveragevehicle ridership of 1.10, or 

## (~)(~) Data obtained by an equivalent methodology approved by the Executive Officerordesignee. (2) OtherWork-Related Trip Reductions Employers may receive additional VTEC from employee commute reductions that occur outside of the peak window or from non-commute vehicle usage calculated as creditable trip reductions and approved by the Executive Officer or designee. VTEC obtained from other work-related trip reductions shall be determined according to the following equation:

VTEC

=

# E CreditableTrip Reductions (CTR)

# 1

~

# r Emission 

# [ Conversion Factor(CF) 

# J L Factor (EF)
Where:

2202

- 10CTR

= The daily average of one-way trip reductions that are real, surplus, and quantifiable. A round trip is considered to be two one-waytrips. CF

= 2.0 forPeakWindowtrips; 2.3 forothertrips. EF

= Emission Factor in paragraph (m)(2) ofthis rule. (3) Alternative Fuel Vehicles Employers may receive VTEC for the use of alternative fuel vehicles (original equipment manufacturer (OEM) or converted) for commute or other work-related trips, in accordance with the Rule 2202

- On-Road Motor Vehicle Mitigation Options Implementation Guidelines (adopted December 8, 1995)(amended October9. 1998) and according to the following formula:

VTEC

= [VT(NGs)]x[0.83Jx[EF]

+ [VT(Ms)]x[0.80jx[EF]

+ [VT(Ps)Jx[0.80]x[EFJ

+ [VT(ZEVs)J x [EF] Conversion Factor (CF)

Where: VT(NGs)

= Daily Avera2e Number of Vehicle Trips from natural gas

vehicles VT(Ms)

= Daily Avera2e Number ofVehicle Trips from flexible fuel

vehicles operated on MethanQj VT(Ps)

= Daily Average Number of Vehicle Trips from Propane or

LPG vehicles VT(ZEVs)

= Daily Average Number of Vehicle Trips from ZeroEmission Vehicles EF

= Emission Factorfrom paragraph (m)(2) ofthis rule. CF

= 2.0 for PeakWindowtrips; 2.3 forothertrips. (4) Vehicle Miles Traveled (VMT) Reduction Programs Subject to approval of the Executive Officer or designee, employers may electto implementVMT reduction programs and receive VTEC towards their ERT. Reduction of annual employee commute VMT may result from employment center relocation, video-conference centers, telecommuting centers or other alternative programs approved by the Executive Officer or

2202-11designee. The Executive Officer shall not offer any VTEC for a VMT reduction program unless it includes baseline VMT estimates and demonstrates that VMT reductions result in real, quantifiable, and surplus emission reductions. (5) Parking Cash-Out Program Employers may elect to implement a Parking Cash-Out Program to reduce employee commutes and receive VTEC towardtheir ERT. Parking Cash-Out is a program where an employer offers to provide a cash allowance to an employee, equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space. Incorporation ofthe Parking Cash-Out Program as one ofthe options in Rule 2202, does not relieve the affected parties from complying with the provisions of the Health and Safety Code section 43845 (AB 2109-Katz).
(h) General Emissions Credit Provisions: The following provisions shall apply to any of the emission credit strategies identified in this rule: (1) An employer or other person seeking credit under this rule may use actual annual mileage pervehicle, or alternative estimates ofvehicle miles traveled (VMT) contained in Rule 2202

- On Road MotorVehicle Mitigation Options Implementation Guidelines (adopted December 8, 1995)(amended October 9, l998~. (2) Emission credit strategies that do not provide the precise amount ofsurplus emission reductions reciuired foreach ofthe three pollutants addressed bythis rule (VOC, NOx, and CO) may still qualify for equivalent credit if the employer provides equivalent credits obtained pursuant to paragraph (h)(3).
or the District achieves equivalent reductions throuah the Air Quali~’ Investment Program. (3) Any person holding surplus emission credits, otherthan vehicle trip emission credits (VTEC), pursuant to this rule may trade some or all of the those credits to otheremployers. (4) Upon the expiration ofthis rule, any unused emission credits may be applied to other emission reduction programs pursuantto and consistentwith District rules and regulations.
(i) Program Administration

2202

- 12Rule 2202 shall be administered accordingto the following: (1) Employers shall annually registerwith the Districtto implement an Emission Reduction Program for each worksite. Employers shall commence implementation ofthe approved Emission Reduction Program within 60 days of approval by the Executive Officer. Exi3ting Rule 1501 plans or Rule 1501 .1 options shall remain in effect until an Emission Reduction Program is implemented. The registration shall includethe following information: (A) The name ofthe highest ranking company official, the name ofthe contact person, company address, telephone numbers for all participating worksites; (B) The on-road vehicle mitigation option(s) thatwill be used; (C) The total number of employees that report to work in the peak window; (D) (E) Thetotal numberofemployees atthatworksite; and, Calculations for VOC, NOx, and CO emission reductions for any of the on-roadvehicle mitigation options in subdivision (f) orthevehicle trip emission credit options in subdivision (g). (2) Eml)lovers renew
~ registration ~uallv. Annual registration shall include changes in employment base and any other changes that would necessitate adjustment in emission reduction targets or program implementation. (3) Employers may request to amend their Emission Reduction Program at any time and implement the amendments with written approval ofthe Executive Officersubjectto the criteria contained in paragraph (i)(1). (4) Rather than registering with the District for each individual worksite, an employer may submit a single registration to implement an Emission Reduction Program that meets the aggregated ERT ofseveral sites. (5) Emission credits obtained pursuant to subdivision (f) or (g) shall be surrendered to the Executive Officer within the first six months of the approval of the registration forms. The Executive Officer may grant extensions not to exceed six months on a case by case basis upon a finding that earlier compliancewould present an unreasonable hardship. (6) Records which document the accuracy and validity of all information submittedto the Districtas required bythis rule shall be kept bythe employer fora minimum ofthree years and made available upon request during normal business hours.

2202

- 13(7) On a quarterly basis the Executive Officer shall recommend to the District’s Governing Board the release ofmonies from the AQIP restricted fund. The program shall be administered and consideration ofproposals shall be subject to the following: (A) Proposals shall be accepted onan ongoing basis; (B) Equal consideration shall be given to cost-effective proposals and those that achieve long-term advancement of mobile source technology; (C) The amount of emission reductions required to demonstrate equivalent emission reductions shall be determined on a quarterly basis; (D) The allocation of funding shall be recommended for proposals that reduce equivalent emissions within each county proportional to the contribution level of employers within each county to the greatest extentfeasible; and, (E) The emissions reductions are demonstrated to be real, quantifiable, enforceable, and surplus, in accordance with the Rule 2202

- On-Road Motor Vehicle Mitigation Options Implementation Guidelines (adopted December 8, 1995)(amended October9, 1998). (8) Registration forms submitted by employers shall be subject to the fee schedule set forth in subdivisions (c) and (d) of Rule 30é308

— On-Road Motor Vehicle Mitigation Options Fees and Rule 311

— Air Quality Investment Program (AQIP) Fees. Employers choosing to implement the Employee Commute Reduction Program under paragraph (l)(3) shall be subjectto the fee schedule setforth in Rule 308. (9) Any employer subject to Rule 2202 orto the exemptions ofparagraph (l)(3) ofthis rule shall comply with the requirements ofparagraphs (e)(2), (3), (1) and subdivision (k) of Regulation VII Air Pollution Emergencies Rule 701

—Air Pollution Emergency ContingencyActions.
(j) Previously Delegated Programs Any employer that is in compliance with an ordinance adopted by a local government that has a trip reduction ordinance that was approved by the District prior to the effective date of this rule, and that has an existing memorandum of agreementwith the District, shall be deemed in compliance with this rule.

2202

- 14(k) Delegation to Local Governments The District may delegate authorityto implementall orpart ofRule 2202, except for the provisions of paragraph (f)()Q), to any local government that satisfies the following criteria: (1) The local government adopts an ordinance that is at least as stringent as Rule 2202 inthe following areas: (A) Applicability; (B) Emission reductions target; (C) Vehicletrip emission credit calculations; (D) Annual registration; and (E) Recordkeeping. (2) The local government demonstrates to the satisfaction of the Executive Officerthat: (A) It has an implementation plan providing adequate resources to adopt and enforce the ordinance; and (B) Multiple site employers with more than one regulated worksite in the District have the option ofcomplying with the District rule instead of the local ordinance. (3) The local government has executed a Memorandum of Understanding with the Executive Officer specifying the procedures to monitor and review performance of the local government in implementing the program, and procedures for revocation of delegation ifthe Executive Officer determines that performance ofthe local government is inadequate.
(1) Exemptions (1) Employee Threshold Any employerwhose employee population atthe worksite decreases to fewer than 440

### ~Q employees_orthe applicable threshold forthe prior consecutive six month period, calculated as a monthly average; or fewer than 33 employees are scheduled to report to work Monday through Friday between 6-10 AM for the prior consecutive 90 days, may submit a written request to the Executive Officer or designee to be exempted from this rule. Employers must submit a registration form not later than 90 days after they know or should have known thatthey no longerqualifyforthis exemption. (2) Declared Bankruptcy

2202- 15An employer who has declared bankruptcy, for the official business or governmental operations of its organization or company, through ajudicial court filing and confirmation process, may request the Executive Officer to grant atemporary waiver from complying with the requirements ofthis rule. Upon demonstration of the filing and confirmation of bankruptcy, the Executive Officerwill grant an exemption forthe duration ofbankruptcy, not to exceedtwo (2) years, fromthe date ofthewaiver. (3) Employee Commute Reduction Program Rather than comply with the provisions of subdivision (e) of this rule, employers may electto implement an employee commute reduction program that demonstrates conformance with the Employee Commute Reduction Program Guidelines (adopted December 8, 1995)(amended October9, 1998). (A) Performance Goal Employers must provide a program that will be reasonably likely to result in achieving their average vehicle ridership goal within three years. The goals shall be as follows: 1.75 for Performance Target Zone 1; 1.5 for Performance Target Zone 2; and 1.3 for Performance TargetZone 3. (B) Supplemental Strategies Notwithstanding the above, an employer may elect to supplement its Employee Commute Reduction Program with any strategy listed in subdivisions (f) or (g) in orderto achievetheirgoal.
(4) Renewal Date (A) The currently approved Rule 15G1 2202 Employee Trip Reduction Plan Commute Reduction Program may th~il remain in effect until the biennial triennial renewal date. (B) The currently approved Rule 1501.1 2202 Registration may sh~il remain in effect until the annual renewal date. (5) Primary and Secondary School Districts and Schools Any public orprivate primary orsecondary school district orschool that busestwo (2) students for every one (1) peakwindow employee atworksites subjecttothe rule is exempt from Rule 2202, according to the following criteria:

2202

- 16(A) School districts and schools shall keep records demonstratingthe maintenance ofthis ratio on-site and make them available upon requestbythe Executive Officerordesignee; and (B) On acase by case basis, the Executive Officerordesignee may approve a requestbyaschool districtorschool to modifythe default student-to-employee ratioto reflect location, trip length and other school districtorschool specificbusing program characteristics in orderto maintain equivalencywith emission reductions whichwould
occur ifthe district orschool met its emission reduction goals under Rule 2202; and (C) The Executive Officermayperiodicallyupdate and publishthe defaultstudent-to-employee ratio to reflect changesto revised emission factors published bythe CaliforniaAirResources Board. School districts and schools may opt notto be exempt butto implement a Rule 2202 program and claim creditforsurplus emission reduction credits earnedthrough astudent busing program and otherRule 2202 compliance options. (6) Primary and Secondary School District Financial Hardship Due to theirfinancial hardship, notwithstandingthe criteria ofparagraph (l)(5), school districts that have received aNegative or Qualified Certification’ status fromtheirCounty Board ofEducation pursuantto Chapter6, Part24 of Division 3 ofthe Education Code, deemingthatbased upon current projectionsthe school district orcounty office ofeducationwill not ormay not meet its financial obligations, may requestthe Executive Officerto grant
atemporary exemption from the requirements ofthe rule. The Executive Officershall grant atemporary exemption forthe period during whichthe Negative orQualified Certification status applies. (7) Adjustments for Employers Exempt Pursuantto SB 836 (A) The Executive Officer shall refund to employers ofworksiteswith less that250 employees, that have participated inthe AQIP or surrendered MSERCs, aprorated share oftheirAQIP or MSERC contribution, respectively, that corresponds to the compliance period that extends beyond December31, 1996. (B) Employers with less than 250 employeeswhose trieunial plan or annual update underthe Employee Commute Reduction program option is due between September 1, 1996 and December31, 1996

2202-17maysubmit in lieu ofatriennial plan orupdate an employerAVR surveytaken withinthe six months priorto the plan due date, and shall be exemptfrom payment ofanytransportation plan fees forthis

(m) Emission Factors The following emission factors, which shall be used in calculations pursuant to this rule, are based on California Air Resources Board’s EMFAC 7F emission factor model and BURDEN 7F vehicle activity model. These emission factors shall be revised upon publication by the California Air Resources Board offinal revised emission factors. (1) Employee Emission Reduction Factors The following employee emission reduction factors (pounds peryear peremployee) shall be used in determiningthe Emission Reduction• Targetwith respectto the worksite Performance TargetZone. The Performance TargetZone is determined bythe worksite location within the geographic boundaries as described inAttachment I and the Rule 2202

- On-Road MotorVehicle Mitigation Options Implementation Guidelines (adopted December 8, 1995)(amended October9, 1998).

Employee Emission Reduction Factors for Performance TaretZone 1

64.23 58.07 51.51 45.35 42.27 39.19

2202- 18Employee Emission Reduction Factors for Perfori iceTar~et Zone2

2.56 2~

3.29 3.08 2.88 2.57 2.36 2.16 21.03
(2) The following default emission factors (pounds per year per daily commute vehicle) may be used in determiningvehicle trip emission credits.

19 14 146 17 13 132 15 12 117 13 11 103

~ 49.86 45.14 40.01 35.19 32.83 30.37

Employee Emission Reduction Factors Per

;~

4.51 3.99 3.58 3.07 2.87 29~9 34.58 31.29 27.70 24.42 22.78

Emission Factors forVehicle Ti ) Emission Credit (

44 4-7~

11 9 89

2202

- 19(3) The emission factors in paragraphs (m)(1) and (m)(2) may be modified to site specific emission factors reflecting vehicle age and trip length characteristics ofthe employee vehicle fleet, in accordance with the calculation procedures included in Rule 2202

- On-Road Vehicle Emissions Mitigation Options Implementation Guidelines.

2202 -20ATTACHMENT I

• Aworksite’s Performance Target Zone depends on its location.

• Zone 1 is the Central of Downtown Los within the Source/ReceptorArea 1.

• Zone 2 corresponds to the District’s Source/Receptor Areas 2 through 12, 16 through 23, and 32 through 35, excluding the Central CityArea.

• Zone 3 corresponds to the District’s Source/Receptor Areas 13 through 15, 24 through 31, and 36 through 38. PERFORMANCE TARGET ZONES

I ~~MIC

~~4

Zone 2 

# I

A ~91

SANTA NONCA

~

### —

-

1.09*15091.99 A

IIWPORT Pacific Ocean

~cataIm. I.1,d IAN CIIJ15NTI

City Area Angeles District’s

2202 -21