The EPA Regional Administrator, Jared Blumenfeld signed 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 accuracy of 

this version of this rule, it is not the official version. Please refer to the official version in a forthcoming FR 

publication appearing on the Government Printing Office 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 District; 

Employer Based Trip Reduction Programs 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection Agency (EPA) is approving 

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 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 by EPA Regional Administrator Jared Blumenfeld on December 

11, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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 94105-3901. 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., copyrighted 

material, large maps, multi-volume reports), and some may not be 

available in either location (e.g., confidential business 

information (CBI)). To inspect the hard copy materials, please 

schedule an appointment during normal business hours 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 Action
 This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on December 

11, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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 determined that 

it complied with the relevant Clean Air Act (“CAA” or “Act”) 

requirements. Our proposed action contains more information 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 September 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 information about how 

commuter programs can reduce air pollution, “when reviewing the 

available information in the docket folder, [the commenter] 
 This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on December 

11, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

4 

noticed a lack of solutions to the problem of this particular 

facet of pollution in the primary document.” The commenter asks 

whether this means that “solutions have yet to be identified or 

fully planned.” 

Response: Section 5 of Rule 9410 suggests trip reduction 

strategies that covered employers may choose to implement, 

including transit programs and ride-sharing opportunities, among 

others. Employers must identify which of these specific trip 

reduction strategies they will adopt, and report the 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 requirements in Rule 

9410 that direct employers to develop trip reduction plans. 

III. EPA Action

No comments were submitted that change our assessment of 

the rule as described in our proposed action. Therefore, 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 the 

incorporation by reference of the SJVUAPCD rule described in the 
 This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on December 

11, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

5 

amendments to 40 CFR part 52 set forth below. The EPA had 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).

V. 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.); 
 This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on December 

11, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

6 

• 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 (Public Law 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). 
 This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on December 

11, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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

Jared Blumenfeld, 

Regional Administrator, 

Region IX. 
 This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on December 

11, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

8 

Part 52, Chapter I, title 40 of the Code of Federal

Regulations is amended as follows: 

PART 52 — APPROVAL AND PROMULGATION OF IMPLEMENTATION 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,” adopted on 

December 17, 2009. 

* * * * *