The EPA Regional Administrator, Jared Blumenfeld si gned the following final rule on December 11, 2015 and EPA

is submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the accu racy of this version of this rule, it is not the official v ersion. Please refer to the official version in a f orthcoming FR publication appearing on the Government Printing Of fice website, http://fdsys.gpo.gov/fdsys/search/home.action , and on www.regulations.gov in Docket Number EPA-R09-OAR-2014-0715.
Billing Code: 6560-50-P ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 [EPA-R09-OAR-2014-0715; FRL-____-_ Approval and Promulgation of Implementation Plans; California; San Joaquin Valley Unified Air Pollution Control Di strict;

Employer Based Trip Reduction Programs
AGENCY : Environmental Protection Agency (EPA).
ACTION : Final rule.
SUMMARY : The Environmental Protection Agency (EPA) is appr oving a regulation submitted for incorporation into the S an Joaquin Valley Unified Air Pollution Control District (SJVU APCD or District) portion of the California State Implement ation Plan (SIP). The regulation, Rule 9410 (Employer Based Tr ip Reduction), establishes requirements for employers in the San Joaquin Valley to implement programs encouraging em ployees to use ridesharing and alternative transportation meth ods to reduce air pollution. The effect of this action is to make the requirements of Rule 9410 federally enforceable as part of the California SIP. DATES: This rule will be effective on [ Insert date 30 days after the date of publication in the Federal Register ].This document is a prepublication version signed b y EPA Regional Administrator Jared Blumenfeld on De cember

11, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

2 ADDRESSES: The EPA has established docket number EPA-R09-OAR2014-0715 for this action. Generally, documents in the docket for this action are available electronically at http://www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-3 901. While all documents in the docket are listed at http://www.regulations.gov , some information may be publicly available only at the hard copy location (e.g., cop yrighted material, large maps, multi-volume reports), and so me may not be available in either location (e.g., confidential bu siness information (CBI)). To inspect the hard copy materi als, please schedule an appointment during normal business hour s with the contact listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, (415) 947-4152, **buss.jeffrey@epa.gov**
. SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us” and “our” refer to the EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed ActionThis document is a prepublication version signed b y EPA Regional Administrator Jared Blumenfeld on De cember

11, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

3 On August 24, 2015 at 80 FR 51153, the EPA proposed to approve the following rule into the California SIP. Table 1 - Submitted Rule Local Agency Rule # Rule Title Adopted Submitted

SJVUAPCD 9410 Employer Based Trip Reduction 12/17/09 05/17/10

We proposed to approve this rule because we determi ned that it complied with the relevant Clean Air Act (“CAA” or “Act”) requirements. Our proposed action contains more inf ormation on the rule and our evaluation. II. Public Comments and EPA Responses The EPA’s proposed action provided a 30-day public comment period. During this period, which ended on Septembe r 23, 2015, we received one comment from a member of the public . We are summarizing that comment and providing our response below.
**Comment:** The commenter supports the rule and the District’s goal of encouraging transportation alternatives to driving to work alone. But the commenter states that, although the supporting documents provide satisfactory informati on about how commuter programs can reduce air pollution, “when r eviewing the available information in the docket folder, [the co mmenter]This document is a prepublication version signed b y EPA Regional Administrator Jared Blumenfeld on De cember

11, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

4 noticed a lack of solutions to the problem of this particular facet of pollution in the primary document.” The co mmenter asks whether this means that “solutions have yet to be i dentified or fully planned.” **Response:** Section 5 of Rule 9410 suggests trip reduction strategies that covered employers may choose to imp lement, including transit programs and ride-sharing opportu nities, among others. Employers must identify which of these spec ific trip reduction strategies they will adopt, and report th e results of their efforts annually to the SJVUAPCD. In today’s action, EPA is not approving specific trip reduction plans for individual employers, but is approving the general requirement s in Rule 9410 that direct employers to develop trip reductio n plans. III. EPA Action No comments were submitted that change our assessme nt of the rule as described in our proposed action. There fore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving this rule into the California SIP. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing t he incorporation by reference of the SJVUAPCD rule des cribed in theThis document is a prepublication version signed b y EPA Regional Administrator Jared Blumenfeld on De cember

11, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

5 amendments to 40 CFR part 52 set forth below. The E PA had made, and will continue to make, these documents availabl e electronically through www.regulations.gov and in h ard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is requi red to approve a SIP submission that complies with the pro visions 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 mee t the criteria of the Clean Air Act. Accordingly, this ac tion merely proposes to approve state law as meeting Federal re quirements 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 r eview 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 un der the provisions of the Paperwork Reduction Act (44 U.S.C . 3501 **et seq.** );This document is a prepublication version signed b y EPA Regional Administrator Jared Blumenfeld on De cember

11, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

6 • is certified as not having a significant economic i mpact on a substantial number of small entities under the Re gulatory Flexibility Act (5 U.S.C. 601 **et seq** .);

• does not contain any unfunded mandate or significan tly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 10 4-4);

• does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999 );

• is not an economically significant regulatory actio n based on health or safety risks subject to Executive Orde r 13045 (62 FR 19885, April 23, 1997);

• is not a significant regulatory action subject to E xecutive 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 A ir Act; and

• does not provide EPA with the discretionary authori ty to address, as appropriate, disproportionate human hea lth or environmental effects, using practicable and legall y permissible methods, under Executive Order 12898 (5 9 FR 7629, February 16, 1994).This document is a prepublication version signed b y EPA Regional Administrator Jared Blumenfeld on De cember

11, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

7 In addition, the SIP is not approved to apply on an y Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdictio n. 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 specifi ed by Executive Order 13175 (65 FR 67249, November 9, 200 0). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Ca rbon monoxide, Incorporation by reference, Intergovernme ntal relations, Oxides of nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile organic compou nds.

Dated: December 11, 2015 __________//s//__________

____ Jared Blumenfeld, Regional Administrator, Region IX.This document is a prepublication version signed b y EPA Regional Administrator Jared Blumenfeld on De cember

11, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

8 Part 52, Chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52 — APPROVAL AND PROMULGATION OF IMPLEMENTATI ON PLANS 1. The authority citation for part 52 continues to read as follows: Authority : 42 U.S.C. 7401 **et seq.** Subpart F — California 2. Section 52.220 is amended by adding paragraph (c)(379)(i)(C)(7) to read as follows: § 52.220 Identification of plan.
* * * * * (c) * * * (379) * * * (i) * * * (C) * * * ( **7** ) Rule 9410, “Employer Based Trip Reduction,” ado pted on December 17, 2009.
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