United States Environmenta1 Protection Agency Office Of The Administrator (A-101F6) EPA101/F-91/045 January 1991 v>EPA Improving Federal Facility Compliance With Regulation 15: Strategy For EPA Action #90-1502 •=r -= - - » IT 'N ==•?£:• § :,.-EET- Printed on Recycled Paper ------- IMPROVING FEDERAL FACILITY COMPLIANCE WITH REGULATION XV: A STRATEGY FOR EPA ACTION Cindy B. Jacobs NNEMS Fellow U.S. EPA, Region IX Air and Toxics Division August 1990 5. ------- DISCLAIMER This report was furnished to the U.S. Environmental Protection Agency by the student identified on the cover page, under a National Network for Environmental Management Studies fellowship. The contents are essentially as received from the author. The opinions, findings, and conclusions expressed are those of the author and not necessarily those of the U.S. Environmental Protection Agency. Mention, if any, of company, process, or product names is not to be considered as an endorsement by the U.S. Environmental Protection Agency. ' *'M^ ;• --, !.: ' n: ------- EXECUTIVE SUMMARY The South Coast Air Quality Management District's Regulation XV requires agencies which employ 100 or more people to reduce the number of commute trips to their facilities. This paper dis- cusses the problems involved in federal facility compliance with Regulation XV and proposes a strategy for solving them. Improved communication, willing and enthusiastic participation by federal facility managers, and legislative changes will remove many of the obstacles to compliance. This paper recommends that EPA un- dertake the following actions to achieve these goals: o Produce and distribute a fact sheet for federal facility employee transportation coordinators; o Arrange a meeting of federal facility managers and transportation coordinators; o Spur creation of a federal agency transportation management organization; o Spur development of a model federal facility trip reduction plan; o Propose and support legislative changes; and o Encourage the South Coast Air Quality Management Dis- trict and ridematching services to improve their response time and public relations efforts with respect to Regulation XV. Where this strategy is not effective, EPA should be prepared to use its enforcement capabilities to bring recalcitrant federal facilities into full compliance with Regulation XV. ------- ------- TABLE OF CONTENTS Section I. INTRODUCTION 1 II. BACKGROUND A. Framework 1. Regulation XV 1 (a) What Regulation XV Requires 1 (b) Ridematching Services 2 (c) The Benefits of Regulation XV 3 2. The Problem: Federal Facility Non-Compliance 4 B. EPA's Role 1. EPA Involvement In Regulation XV To Date 5 2. Remedies Available To EPA 6 III. MAJOR ISSUES A. Inability To Provide Subsidies 7 B. Options For Reducing Commute Trips 8 1. Ridesharing 8 2. Parking Management 8 3. Encouraging Use Of Public Transit 10 4. Telecommuting 10 5. Alternative Work Schedules 11 6. Guaranteed Ride Home 11 C. Additional Issues 12 IV. SOLUTIONS A. Innovative Approaches 1. Fee Parking and Mass Transit Incentives - The NRC Example 13 2. Employee-Run Vanpools 15 3. Creative Incentives 15 4. Aggressive Marketing 16 B. What EPA Can Do 16 V. CONCLUSION 19 APPENDICES A: Survey Used in Calculating Average Vehicle Ridership B: Survey Used for Matching Potential Ridesharers C: Federal Buildings and Agencies with 100 or more Employees D: Letter from EPA to IRS Clarifying Obligation to Comply E: Letter to Senator Mikulski from Transportation Action Partnership F: Letter to EPA from Martin Gelband, Assistant Transportation Coordinator, MCAS El Toro G: Press Release and Legislation Introduced by Senator Mikulski ------- ------- I. INTRODUCTION This paper discusses the problems involved in federal facility compliance with the South Coast Air Quality Management District's (District) Regulation XV — ranging from hostility of federal agency staff to regulatory barriers — and proposes a strategy for solving them. Regulation XV requires agencies which employ 100 or more people to reduce the number of commute trips to their facilities. The research and analysis contained in this paper suggest that many of the problems with compliance can be resolved by increasing communication between federal facility employee transportation coordinators (ETCs) in the South Coast Air Basin (South Coast) and District staff, as well as among the ETCs them- selves. Equally important is the need to bring federal facility managers into the process as willing and enthusiastic par- ticipants. At the same time, efforts to enact legislative changes will raise awareness of the issues and hopefully remove some of the stumbling blocks. EPA has an important role to play in achievement of these goals. Under court order, EPA issued a proposed Federal Implementation Plan (FIP) to achieve federal air quality standards for the South Coast Air Basin on July 31, 1990. EPA did not include a federal facility trip reduction rule in the FIP "because of concerns that it would duplicate the District's efforts under Regulation XV, and might interfere with implementation and evolution of Regula- tion XV. Rather than layering its own regulation on top of the District's rule, EPA feels that its resources can better be spent on helping to bring federal agencies into full compliance with Regulation XV".1 The policy analysis contained below is intended to provide a framework for this effort. II. BACKGROUND A. Framework 1. Regulation XV (a) What Regulation XV Requires Regulation XV requires every employer with 100 or more employees to designate an employee transportation coordinator, conduct a survey of all employees who arrive between 6 and 10 am (the employer must attain a 75% response rate and non-responses are counted as SOVs; see Appendix A), and submit a trip reduction 1. South Coast Proposed Federal Implementation Plan for Ozone and CO, signed by the EPA Administrator on July 31, 1990, Section VII.B.7. ------- plan to the District. The survey allows the employer to calcu- late the current Average Vehicle Ridership (AYR) level, which is in essence a ratio of vehicles to employees.2 The plan must list the options which the employer has chosen to achieve a target AVR level of 1.3, 1.5, or 1.75, depending on location. For example, the employer may increase AVR through ridesharing and public transit incentives, parking management, alternative work hours, telecommuting, a guaranteed ride home program, and/or van and buspools. The ETC then estimates the reduction in number of vehicles anticipated from each aspect of the employer's trip reduction program and computes the expected AVR, which must meet or surpass the area target level. The agency must include with its plan a letter of management commitment to the trip reduction program. Every year after initial compliance, the agency submits an updated plan to the District. Employers that fail to submit plans to the District may be served with a notice of violation and be fined thousands of dollars for each day they are in non-compliance. At this time, the District does not fine employers for not meeting their AVR goal, but does require that they change their trip reduction plans to achieve the target AVR in the future. (b) Ridematching Services ETCs generally distribute a ridematching form along with the sur- vey used to calculate AVR (see Appendix B), requesting employee information for use in a car and vanpool matching database. South Coast employers located in Los Angeles, Riverside, and San Bernardino Counties give their forms to Commuter Transportation Services (CTS, previously called Commuter Computer), while those in Orange County use the Orange County Transportation District Commuter Network. Each organization enters employee information into a database, matches potential ridesharers by home, office location, and schedule, and mails a printout of the matches to the employee within two to three weeks. According to CTS, ap- proximately forty to fifty percent of all employees respond to their survey. Of those, about thirty percent eventually use the ridematching service.3 CTS will install a terminal at an agency site, from which the agency ETC can access the ridesharing data base. The ETC can then enter and manipulate his or her agency's employee informa- tion and find matches instantly. This service may be par- ticularly useful in sustaining the ridesharing programs of large 2. Credit is given for telecommuters, compressed work week and use of 'Clean Fuel' vehicles. 3. Telephone conversation with Dominick Menton, Commuter Transportation Services, August 17, 1990. ------- employers who experience a constant rate of turnover. UCLA has four such terminals on its campus. CTS charges $4000 in initial fees and hardware, and $100 per month thereafter for the off-site terminals.4 (c) The Benefits of Regulation XV Regulation XV was passed by the District's Governing Board on December 11, 1987. It represents an ambitious and laudable ef- fort by the District to reduce air pollution — in particular, carbon monoxide — by reducing the number of vehicles traveling during rush hour. Planners have long recognized the links be- tween transportation and air quality. Emission control devices such as the catalytic converter have been very effective in lowering the average emissions per car, and new technology, in- cluding alternative fuels and electric vehicles, promises even further reductions. Still, the approach of controlling each source individually has limited efficacy if the number of cars and miles driven continue to increase. Efforts to manage the quantity and flow of cars, especially in urban areas, must be un- dertaken. Emissions are highest and obviously most concentrated when traffic is congested, as it often is in urbanized Southern California. Increasing highway capacity may result in short-term improvements, but experience has proved that the demand simply expands to meet — and strain — the supply. Several areas of the country have instituted trip reduction or- dinances (TROs) or other regulatory remedies to address this problem, with varying levels of success. What makes Regulation XV unique is that it requires employers to develop plans which can be reasonably expected to meet AVR, or average vehicle rider- ship, goals. Many of the early TROs are voluntary or specify certain actions without requiring a demonstration of their suc- cess. Air quality in the South Coast is, by far, the worst in the na- tion. Motor vehicles bear major responsibility for air pollution problems in the South Coast, accounting for roughly half of the emissions of volatile organic compounds (VOC, a precursor to ozone), two-thirds of the emissions of nitrogen oxides, and 90 percent of carbon monoxide emissions. The levels of all three pollutants exceed the health-based national ambient air quality standards. Every effort to decrease the number of vehicular trips and thereby decrease vehicular emissions is clearly criti- cal in the South Coast. It is not enough to simply ask that employers institute programs to reduce commute trips. Instead, there must be a mechanism in place which ensures that each employer does its part. 4. Ibid. ------- A glance at Southern California's congested freeways during rush hour reveals the hundreds of thousands of cars, all inching along in the same direction, each occupied by one person. Regulation XV, by shifting the people now in single occupant vehicles (SOVs) into carpools, vanpools, buses, trains, bicycles, walking and telecommuting will reduce air pollutant emissions. In addition, fewer cars mean less congestion, energy use, automobile wear and tear, strain on the transportation infrastructure, and anxiety. The employee saves on transportation expenses, avoids the anxiety caused by spending hours in bumper-to-bumper traffic, and has more leisure time. The employer gains a potentially more produc- tive and healthier work force and improved community relations. Everyone enjoys better air quality. The Metropolitan Washington (DC) Council of Government has found that the benefits of its Ride Finders program far outweigh the costs.5 In the South Coast, where residents are exposed to the poorest air quality in the nation and the freeways are perpetually clogged, the invest- ment needed to make Regulation XV work will pay off many times over. EPA feels that federal facilities should set the pace and serve as role models for other public agency and private sector efforts to reduce commute trips. Over 110,000 federal employees commute daily to and from the military bases and numerous federal offices in the South Coast (see Appendix C). Each work day, these employees drive a total of approximately 1.9 million miles, their cars emitting 52 tons of carbon monoxide.6 Clearly, federal facility compliance is essential to the success of Regulation XV. 2. The Problem: Federal Facility Non-Compliance Despite the need for reducing commute trips, many federal facilities have challenged or ignored the District's requirement that they develop trip reduction plans. Until recently, many believed that, as federal agencies, they were exempt from rules promulgated by the District even if such rules (such as Regula- tion XV) make explicit reference to government agencies. While federal agencies may invoke sovereign immunity to exempt them- selves from local regulations in some instances, they are not im- mune from the obligation to comply with Regulation XV. 5. Metropolitan Washington Council of Governments, "1989 Survey and Evaluation of Ride Finders Ridesharing Network," January 1990, p. 16. 6. Based on the following assumptions: 1.13 AVR, 20 mile round trip average, and 26.7 * 10"6 tons of CO emitted per vehicle. See K.T. Analytics, Inc., "Analysis of Transportation Control Measures in the South Coast Air Basin," January 8, 1989. ------- Section 118 (a) of the Clean Air Act (as amended in 1977), "Control of Pollution from Federal Facilities," deals explicitly with this issue: "Each department, agency, and instrumentality of executive, legislative, and judicial branches of the Federal Government . . . shall be subject to, and comply with, all Federal, State, interstate, and local requirements, administra- tive authority, and process and sanctions respecting the control and abatement of air pollution in the same manner, and to the same extent as any nongovernmental entity." Regulation XV cer- tainly fits this description. Furthermore, Executive Order 12088 (October 13, 1978, 43 FR 47707) states that "the head of each Executive Agency is respon- sible for compliance with applicable pollution control standards, including . . . [the] Clean Air Act," and that "[e]ach Executive agency shall cooperate with the Administrator of the Environmen- tal Protection Agency . . . and State, interstate, and local agencies in the prevention, control, and abatement of environmen- tal pollution." The author of this paper met with several federal facility ETCs in the South Coast during July, 1990. One meeting included fif- teen ETCs from Department of Defense (DOD) installations in Los Angeles and Orange Counties. Most of these ETCs have submitted plans to the District which ostensibly meet the Regulation XV goals (although most have not yet been approved). But none of the ETCs seemed to expect their plans to be fully implemented or successful. When asked how they were able to develop plans, given the obstacles they claimed to face, they talked about 'creative writing', and openly admitted throwing in any and everything they could without being confident of management ap- proval . The problems most often cited by these ETCs stem from what they perceive as a lack of or counter-productive interaction with Dis- trict staff. They feel they are not getting the information they need from the District and are extremely frustrated. The Dis- trict, on the other hand, is frustrated by the federal agencies' hostility and recalcitrance when dealing with a 'local' agency. Bringing these people together, with the understanding that federal facilities must comply with Regulation XV and the goal of finding innovative solutions, would go a long way towards achiev- ing full compliance. B. EPA'S Role 1. EPA Involvement In Regulation XV To Date EPA has supported Regulation XV since its inception and testified before the District Board in favor of its passage. In 1988, in response to a request from the District, EPA sent a letter to federal facility managers in the South Coast clarifying their ------- obligation to comply with Regulation XV. More recently, EPA provided a fellowship to a public policy graduate student to work exclusively on developing a strategy for improving federal facility compliance with Regulation XV. This paper represents the results of that work, and is intended to lay the foundation for future efforts in this area. EPA's ability to respond to violations of Regulation XV by federal facilities is constrained by the federal approval process for state and local air quality regulations. EPA cannot use its resources to enforce Regulation XV until the regulation is ap- proved by EPA as part of the State Implementation Plan (SIP). Unfortunately, the SIP submittal and approval processes are lengthy. The District submitted Regulation XV to EPA as part of a SIP submittal on February 7, 1989. Based on preliminary review, EPA staff is hopeful that Regulation XV will be approved in its current form. Until that time, EPA's enforcement options are limited. EPA sent an update of the 1988 letter to the FHWA and IRS in response to requests (see Appendix D). EPA will continue to inform federal agencies of their obligation to comply with Regulation XV as ap- propriate. More importantly, EPA hopes to pursue some or all of the 'facilitation' options suggested below. In fact, these strategies seem to be most appropriate as steps to be exhausted before formal enforcement begins. They should not be delayed pending approval of Regulation XV into the California SIP. There is a risk involved in EPA's undertaking the role of facilitator. Federal agency staff may feel that EPA is their ally in what they perceive is a battle against the District. Therefore, EPA must strive to make its position very clear. Staff should stress that EPA has always and will continue to sup- port the District's efforts and expects federal facilities to be role models for other agencies subject to Regulation XV. Fur- ther, EPA should be prepared to use its enforcement capabilities to bring recalcitrant federal facilities into compliance. 2. Remedies Available To EPA Federal agencies must comply with Regulation XV, and are subject to sanctions by the District if they fail to do so. They may also be subject to action by EPA once Regulation XV becomes part of the SIP. However, EPA's enforcement capability against federal agencies is limited to negotiation of compliance agree- ments and consent orders. EPA issues a notice of violation, and attempts to negotiate a compliance agreement or consent order with the violating agency. If these efforts prove unsuccessful, EPA will first issue a proposed order or proposed compliance agreement and may then escalate the action through a dispute resolution process. Eventually, if no agreement is reached, the Office of Management and Budget or Department Of Justice (DOJ) ------- may become involved. EPA cannot itself bring suit against Execu- tive Branch agencies or assess civil penalties against other federal agencies.7 III. MAJOR ISSUES A. Inability To Provide Subsidies While stressing that federal facilities do have to comply with Regulation XV, EPA recognizes that federal agencies face regulatory constraints in the types of programs they can offer to reduce employee commute trips. The most intractable is the prohibition against subsidizing employees' home-to-work travel. Title 5 of the U.S. Code, Section 5536, "Extra Pay for Extra Services Provided," states that government employees may not receive additional pay for 'services', "unless specifically authorized by law." In any case, expenses incurred in the home- to-work commute are considered personal and the responsibility of the employee. In Comptroller General decisions of 1936 (16 Comp Gen 64) and 1947 (27 Comp Gen 1), pay allowance for such expenses is explicitly denied. A 1981 decision (60 Comp Gen 420) cites this precedent in stating that "[t]he settled rule is that employees must bear the cost of transportation between their residence and official duty locations." That case concerned reimbursement of employees' claims for motor vehicle damages in- curred as they commuted to work during a transit strike. The General Accounting Office's legal research staff could not find any more recent decisions on point. A request for an updated Comptroller General opinion on the use of subsidies in limited circumstances may be worthwhile, although this would probably be a tough precedent to change. At the same time, legislative changes can be pursued which would permit federal agencies to of- fer certain types of subsidies, such as discounts on public tran- sit passes. The subsidy restriction poses a difficult problem for federal agency ETCs. It means they cannot provide the strongest incen- tive available to other employers — cash — to encourage ridesharing and public transit use. It surfaces in almost every aspect of trip reduction planning. Federal agencies cannot give money to those who rideshare, as many private sector agencies do. They cannot subsidize transit passes, nor purchase or otherwise fund van and buspools. They cannot offer a guaranteed ride home program in which the agency reimburses ridesharers for the cost of a taxi in case of emergency. For these reasons, it is crucial that federal agencies develop more innovative plans to achieve their AVR goals. 7. Environmental Protection Agency, Office of Federal Activities, Federal Facilities Compliance Strategy. November 1988. ------- B. Options For Reducing Commute Trips This section describes the options available to federal facility ETCs, and the corresponding constraints, if any. 1. Ridesharing Federal agencies not only can, but are required to promote ridesharing. In 1980, President Carter signed Executive Order 12191 (45 FR 7997), mandating that federal agencies develop ridesharing plans. Ridesharing was touted as "a means to con- serve petroleum, reduce congestion, improve air quality, and provide an economical way for Federal employees to commute to work." Given the events of the time, the need to conserve energy was undoubtedly the primary impetus for the order. Unfor- tunately, the order seems to never have been effectively imple- mented . The General Services Administration (GSA) is the agency respon- sible for administering the ridesharing regulation designed to carry out Carter's policy initiative (41 CFR 101-6.3). Agencies are supposed to submit a "Ridesharing Report" to GSA by June 1 of each year. The regulation requires that "[e]xecutive agencies shall actively promote the use of ridesharing at all Federal facilities" with 100 or more employees, and encourages agencies to "implement parking incentives which promote ridesharing and the efficient use of federally controlled parking areas." The regulation does not specify what these incentives can or should look like, but does state that agencies "should consider provid- ing for flexibility in employee working hours." Also, it calls for establishment of a nationwide network of federal agency ETCs. This provision is important — federal agencies in the South Coast have complained that they cannot create the position of employee transportation coordinator without direction from head- quarters and appropriated funds. Federal agencies should in theory have been promoting ridesharing long before Regulation XV went into effect. Some do seem to have had minimal pre-existing programs, such as ride boards and on- site public transit information. On the whole, though, federal agencies in the South Coast have never made it their policy to promote ridesharing and have strongly resisted District efforts to implement Regulation XV. 2. Parking Management Proper management of parking spaces can be a very effective way to discourage single drivers. Presumably, if market rates are charged, the proper economic incentives will operate. In downtown Los Angeles, for example, market rates for a parking space run as high as $250 per month. Carpoolers save at least half the expense (plus savings on gasoline and automobile wear ------- and tear). Another, complementary, form of parking management is setting aside of the spaces closest to the work site for car, bus, or vanpoolers. This is especially attractive if spaces are limited. There are a few problems with implementing these strategies at federal facilities. One is that many federal agencies do not have any parking spaces for employees (although if lots in the area charge market rates, the proper incentives are theoretically already at work). On the other hand, some have enough that preferential parking is an empty incentive. Some facility ETCs claim that charging for parking would be unfeasible, because of concerns about employee resistance, low pay of employees, ad- ministrative requirements, and the availability of free parking nearby. This does not mean it cannot be done. Most federal agencies lease office space from GSA which the federal government owns or itself leases. Exceptions are DOD agencies, the Post Office, and Veterans Administration medical centers, which handle their own facilities. Each agency also rents parking spaces from GSA on site or nearby, if included in the lease. GSA is directed to charge agencies rates which "approximate commercial charges" (40 USC 490). In 1979, Presi- dent Carter tried to force federal agencies to in turn charge their employees market rates for parking. OMB issued Circular No. A-118, setting forth Carter's policy, and GSA published a temporary regulation to implement it. The policy withstood a legal challenge by the AFL-CIO, only to be withdrawn by President Reagan in 1982. That year, OMB issued a memo stating that Cir- cular No. A-118 was rescinded and no longer represented Ad- ministration policy. Paradoxically, federal agencies are free to subsidize parking and thereby encourage employees to commute alone, but prevented from subsidizing more environmentally beneficial modes of transit. Though not prevented from doing so, none of the federal facilities contacted by the author which leases parking spaces from GSA charges its employees for parking. Federal facilities are at a disadvantage in trying to implement fee parking. Private companies are able to funnel the money paid by employees for parking into their trip reduction programs — in effect, redistributing money from single drivers to ridesharers and public transit users. In contrast, the Federal Property Management Regulations (41 CFR 101-20.104-1) mandate that any money received from lease or rental of space be returned to the US Treasury. This restriction may limit a federal agency's en- thusiasm for running a fee parking program. Preferential parking seems to be the easiest form of parking management available to many federal employers. The Federal Property Management Regulations describe the way in which federal agencies may allocate parking spaces. Spaces must first be set aside for fleet vehicles and for other official uses. Those left ------- over may be assigned in the following order of priority: hand- icapped employees; executive personnel and those working unusual hours; vanpool/carpool vehicles; privately owned vehicles of employees. These guidelines make several references to the ridesharing regulation. In particular, "agencies are encouraged to make available as many parking spaces as possible for the use of vanpools/carpools." It also provides that GSA may conduct surveys and implement parking incentives to promote ridesharing, but does not describe such incentives. 3. Encouraging Use Of Public Transit Federal agencies can provide their employees with information on public transit and can allow transit passes to be sold onsite. However, as explained in section III.A., they cannot subsidize employees' use of public transit in commuting to and from work. In addition, public transit options in the South Coast are limited. With operation of most of the Long Beach-Downtown Los Angeles light rail line and scheduled completion of the Metrorial, public transit should become a more viable option. 4. Telecommuting The Office of Personnel Management (OPM) is currently in the demonstration phase of its Flexiplace program. Under the program, employees work part-time at home or in satellite of- fices. Many federal agencies, including the Air Force, Army, Department of Transportation, and Department of Housing and Urban Development have established Flexiplace programs. In a speech before the California Chamber of Commerce, President Bush voice his support for telecommuting: "Flexible workplace policies will allow you to find and keep the best talent. And one of the most promising ... is telecommuting: taking advantage of new tech- nology to enable your people to work at home one or two days a week . . . [T]elecommuting means saving energy, improving air quality, and quality of life. Not a bad deal." There are no major regulatory barriers to federal facility establishment of telecommuting programs. Federal agency managers may be concerned that civil servants are not available to respond to inquiries and requests from the public when they are telecommuting, or that employees will abuse a Flexiplace program. OPM's Flexiplace guidelines offer advice to managers for structuring programs which address these concerns and avoid the potential pitfalls. One obstacle to establishing successful work-at-home programs is another form of the subsidy problem. The federal government can- not, under current regulations, pay for installation of phone lines in employee's homes. This limits employees' ability to tie into office computer and other communications systems. An amend- 10 ------- ment to the Appropriations Bill before Congress would remove this obstacle. Even if this legislative effort fails, the telecommut- ing option is still a good one for federal facility ETCs. 5. Alternative Work Schedules As with telecommuting, many federal agencies already have alter- native work schedule programs. The most common seems to be the 9/80 schedule, in which employees work eighty hours within nine days, taking the tenth off. The EPA currently has such a program in effect. Other options include four ten hour days per week, with the fifth off. There are regulations which explicitly allow federal agencies to implement flexible work hour programs. However, there may be agency-specific constraints (perhaps for the Postal Service and some DOD agencies). If employees par- ticipate in alternative work schedule programs — in which work- ing hours are set and the same day is regularly taken off — the number of vehicle trips driven will be reduced and the level of ridesharing may increase. The ridesharing regulation mentions "flexibility in employee working hours" as one way to promote ridesharing. Until recently, any type of flexibility in work schedules was thought to increase the level of ridesharing. However, if employees are encouraged to arrive at work and leave when they like (say anytime from 6:00 to 10:00 am, which can change each day), ridesharing may become more difficult for many employees. Also, this type of flexibility will not necessarily lead to a reduction in vehicle trips driven. 6. Guaranteed Ride Home The goal of a guaranteed ride home program is to guarantee employees a ride home in case of emergency or if they must work overtime. For example, a mother whose young children may require her to leave work during the workday will probably be unwilling to rideshare unless she is offered a fallback method of getting home without extra expense. Regulation XV encourages and many employers provide a guaranteed ride home program. This may take the form of reimbursing ridesharers for the cost of a taxi ride, having a fleet vehicle and driver on call, or allowing employees to drive fleet vehicles between work and home. Federal agencies face regulatory constraints to implementing a guaranteed ride home program. First, they cannot reimburse employees for taxi fare, as this would constitute subsidizing personal expenses of employees (see section III.A. above). Second, federal government fleet vehicles cannot typically be used for employees' personal travel. Subpart 101-6.4 of the Federal Property Management Regulations (41 CFR), "Official Use of Government Passenger Carriers between Residence and Place of Employment," allows such use only in the case of "(1) A clear and 11 ------- present danger; (2) An emergency; or (3) a compelling operational consideration." An 'emergency' is clearly defined as "an im- mediate, unforseeable, temporary need to provide home-to-work transportation for those employees who are necessary to the unin- terrupted performance of the agency's mission." This would seem to exclude most uses of the typical guaranteed ride home program. However, "compelling operational considerations" include "those circumstances where the provision of home-to-work transportation . . . would substantially increase a Federal agency's efficiency and economy." Perhaps a guaranteed ride home program involving use of fleet vehicles could be justified under this provision of the regulation. A Comptroller General opinion may provide the necessary guidance. c. Additional Issues Describing the constraints and unique circumstances facing each federal agency would be a nearly impossible task and an ineffi- cient use of EPA's resources. For example, the ETC for the federal prison on Terminal Island in Los Angeles cannot display maps of the region, because of concerns that inmates will use them to plan escape routes; ETCs for DOD installations complain that military personnel of different ranks refuse to commute together; naval installation ETCs do not know what commute mode to assign to the many personnel living on shipboard. Further- more, many agencies have strong unions which may have to approve the agencies' proposed trip reduction measures. As District staff contend, every agency — private, local and state government, large and small — claims to have unique opera- tional or regulatory considerations which render it unable to develop viable trip reduction plans. Yet, when facing stiff fines for non-compliance, these agencies have by and large found ways to approach their AVR goals. By the same token, federal agencies can develop successful trip reductions plans. In fact, since many of these agencies employ large numbers of people — 500 or more — they have an advantage in establishing ridesharing programs. The greatest obstacle that each agency shares is the subsidy restriction. Beyond that, the agencies can generally be broken down into those with GSA administered facilities, DOD agencies, and the Post Office.8 Each branch of the military has its own set of regulations, which might affect its ability to provide certain incentives or programs. 8. The Federal Reserve Bank seems to operate more like a private agency than the others, and has adopted an inclusive and ex- emplary plan. 12 ------- The Post Office, in particular, seems to face the greatest chal- lenge in developing successful plans. They have approximately 150 facilities in the area with 100 or more employees, and must bargain with their employees union before enacting any programs affecting employees. Nevertheless, they have submitted plans to the District which presumably indicate that they have come up with some way to meet the requirements of Regulation XV. Details of their plans are confidential until management has bargained with the union. One issue which has been raised by several of the DOD agency ETCs is confidentiality of employee information. Employees may be un- willing to fill out the survey used for matching prospective car, van, and buspoolers, which necessarily asks for names and ad- dresses. ETCs have addressed this problem by including on the survey forms a statement which describes the authority for and purpose of the survey; and that while response is voluntary, those who do not return the survey will not be able to par- ticipate in the ridematching program (see Appendix B). IV. SOLUTIONS This section describes the ways in which federal facility ETCs can reach their AVR goals. A. Innovative Approaches 1. Fee Parking And Mass Transit Incentives - The NRC Example Despite the obstacles, federal agencies do have several options available to them to increase their AVR. The first, and probably most controversial, is to charge market rates for parking (or any rate high enough to induce mode shift away from SOVs). While it is true that President Carter's attempt to require market rates failed, there are no regulations restricting an agency's ability to charge its employees for parking. In fact, 40 USC 490(k) states that an agency "which provides to anyone space and serv- ices [furnished by GSA] ... is authorized to charge the oc- cupant for such space and services at rates approved by the Ad- ministrator" of GSA. The Nuclear Regulatory Commission (NRC), located in Montgomery County, Maryland, has used this provision to develop a fee park- ing program. They separate out the cost of their parking spaces from the total rent charged by GSA, and then charge employees at rates designed to cover that rental charge. Because GSA does not break down the charges in this way, the NRC had to estimate the cost themselves and negotiate with GSA. They estimated the market rate to be $60 per month, and negotiated a price of $45 per month with GSA. They now run a self-sustaining program which provides the proper economic incentives for employees. 13 ------- A private contractor operates the parking lot and collects the money. The contractor keeps $15 per parking space per month and gives the remaining $45 to the NRC. The money is put into escrow and allowed to accumulate until GSA's rent comes due. If recovered charges do not cover the rent, the remainder is made up with appropriated funds. With this program in place, NRC can then set aside preferential spaces for ridesharers. More impor- tantly, NRC can use the unexpended appropriated funds — which come out of a larger pot of money earmarked for administrative expenses — to fund ridesharing programs, such as their 'walk-up' computer terminal (see section IV.A.4 below). When NRC adopted its plan, it had just been consolidated from several sites which did not have parking facilities — employees were used to paying for parking. Undoubtedly, a change from free to fee parking would encounter formidable opposition from employees (as Carter's attempt to force charging of market rates did). Also, many facilities in the South Coast do not have park- ing and therefore do not have this option (although the economic incentive should therefore already exist). Some federal agency ETCs contend that many of their agency's employees earn so little that charging for parking would be unfair. But if these employees take advantage of the options for ridesharing or tran- sit use, and the incentives are structured correctly, they may be placed in a better position relative to those driving alone. The NRC program contains other innovative features. NRC manage- ment convinced the federal credit union, which has an office on site, to sell transit passes to employees. Moreover, the NRC is able to offer passes to employees at reduced rates. A memo of understanding between the Montgomery County Department of Transportation and the NRC provides that the County will sub- sidize transit passes for NRC employees, as long as NRC meets and maintains the goal of 50% alternative mode transportation, sets aside parking spaces for ridesharers, and supplies other serv- ices. NRC and several other federal agencies are members of TAP, the Transportation Action Partnership, Inc., a transportation manage- ment organization (TMA) for employers in a region of Maryland (see Appendix E). The federal agencies pay dues to TAP and par- ticipate in its activities. NRC's association with TAP helped to promote development of the agency's trip reduction program. South Coast federal agency participation in local TMAs may help federal ETCs develop their Regulation XV plans. For example, a downtown Los Angeles TMA could purchase an on-site ridematching computer terminal and coordinate car, van, and buspool matching for all employees working downtown (see section II.A.l.(b)). 9. Telephone conversation with Mike Springer of NRC, August 15, 1990. 14 ------- 2. Employee-Run Vanpools While federal employers cannot purchase or operate vans, employees can do so privately. Vanpool companies such as VPSI lease seven and twelve person vans for a package price which in- cludes insurance and maintenance. VPSI requires that one person be designated as the driver and sign the lease. He or she must have a checking account, and one convenient way to structure the arrangement is through a federal credit union account. For a twelve person van traveling 80 miles round trip, the cost per person, excluding the driver and plus gas, is approximately $90 per month.10 For those driving this distance, leasing a van may be worthwhile. The Orange County Commuter Network runs a vanpool demonstration program called Quickstart. It operates just like the private vanpool companies, but offers 90 day leases to en- courage vanpool formation by those who are interested but afraid of making a longer commitment. It may be difficult to arrange and sustain vanpools with seven or more people. Also, vanpools may only be economically beneficial for those who live forty or more miles from work. ETCs can help bring prospective vanpoolers together by aggres- sively seeking matches among their own employees — especially if the agency is large — as well as those from nearby (federal or other) offices. They can also publicize this option during a rideshare fair, which may involve several agencies in a par- ticular area, or have a vanpool display in the office (the leas- ing companies would probably be happy to provide time and materials). Employers can make this option even more attractive by offering vanpool riders special incentives, such as preferen- tial parking, reduced parking rates, special privileges, and the like (see sections IV.A.I and IV.A.3). 3. Creative Incentives Federal employers can offer a range of non-cash incentives. These might include awards,11 free food in the office cafeteria (if part of an awards ceremony), special privileges (which may be especially attractive at military bases), and possibly ad- ministrative time off for ridesharers. The regulations governing absence and leave of federal government employees include a provision for allowing employees to arrive up to one hour late 10. Telephone conversation with a VPSI marketing representative, August 13, 1990. 11. In fact, federal agencies can offer cash awards — the facility manager must interpret the relevant regulations in structuring such programs; but even then, the awards could prob- ably not be given out on a routine basis, for all ridesharers. 15 ------- (per pay period) without penalty: "If an employee is unavoidably or necessarily absent for less than one hour, or tardy, the agency, for adequate reason, may excuse him without charge to leave" (5 CFR 630.206). This may, some federal agencies believe, be interpreted to mean that federal employers can grant up to one hour of administrative leave per pay period to ridesharers and have included it as an incentive in their Regulation XV plans. A Comptroller General decision on this issue may be useful if agencies are reluctant to offer the incentive. 4. Aggressive Marketing One of the easiest things federal ETCs can do is to aggressively push whatever program they adopt, even if it means simply making sure that ridematching services are used to their fullest. They can develop promotional materials, speak at employee and managers' meetings, organize internal committees to promote their programs, find ways to sell transit passes on site, and push management to adopt the more creative and perhaps riskier op- tions. By installing a ridematching terminal in their offices, ETCs can immediately match interested employees with potential ridesharers. The NRC developed a 'walk-up' computer program which employees can directly access. Employees can learn about ridesharing by interacting with the program, and can sign up for ridesharing on the spot. NRC funds this program, at least in part, with money not spent on rental or parking spaces (see sec- tion IV.A.I). In evaluating their successful Ride Finders Ridesharing Network, the Metropolitan Washington Council of Governments noted the link between the Network's response time and pool formation: "Applicants receiving matching information within three days had a pool formation rate of 34 percent. If it took longer than two weeks, however, the formation rate dropped to 18 percent".12 The number of people forming car, van, and buspools in the South Coast might increase by almost 100% if response time can be shortened to three days or less. This may be accomplished by changing the ridematching services' procedures or giving ETCs and employees direct access to the databases. B. What EPA Can Do There are several things which EPA can do to improve federal facility compliance with Regulation XV. These include using the threat of EPA enforcement to urge recalcitrant facilities to do their part. However, as described in Section IV.B.2, EPA is limited in its ability to force compliance. Other options envi- sion more of a 'facilitation' role for EPA. By virtue of its 12. Metropolitan Washington Council of Governments, p. 37. 16 ------- role as the federal agency responsible for clean air, EPA has the right credentials to mount this effort. In particular, EPA should: (1) Produce and distribute much of the information con- tained in this document in a question-and-answer or fact sheet format. The document will seek to dispel any myths about what federal facility ETCs can and cannot do, and to encourage ETCs and managers to support Regulation XV; comply with the relevant laws, regulations, and executive orders; contribute to a solution of the South Coast's air quality problem; and provide the benefits of ridesharing to their agencies and employees. (2) Help arrange a federal facility managers and ETC meet- ing, to be held at the offices of the Federal Executive Board (FEE) in Los Angeles in late October or early November. The morning agenda might consist of presentations by the Chairman of the Los Angeles FEE, an NRC, Montgomery County, Maryland Depart- ment of Transportation, and/or Metropolitan Washington Council of Governments manager, a District manager and staff, EPA staff, and possibly a DOJ representative. This session would primarily be designed to appeal to federal facility management. The afternoon session would be an information exchange for ETCs, with presentations and discussion by EPA staff, District staff, possibly Commuter Transportation Services and Orange County Transit District staff, vanpool services, etc. Possibly one or two ETCs will also speak. The document described in (1) above will be distributed to the ETCs. (3) Those ETCs and managers attending the meeting could be encouraged to form a federal agency transportation management or- ganization (TMO). An ETC could volunteer or be chosen at that meeting to head the TMO. There should not be a separate TMO for DOD agencies, as this may foster 'rebellion' against the District (see Appendix F); instead, subcommittees can be created after the TMO has met. A federal facility TMO will allow the ETCs to share problems and creative solutions, and hopefully coordinate efforts (for example, inter-agency carpools and vanpools). Perhaps a District staff member should meet with the TMO, to answer ques- tions and improve relations with the ETCs. (4) EPA could, in consultation with the District, select a large federal facility (or group of facilities) whose trip reduc- tion plan can be developed as a model for other federal agencies, in the way that the NRC facility is a model. The federal agency manager would have to be very supportive of Regulation XV and willing to take risks. Since GSA is the agency responsible for carrying out the federal ridesharing regulation, it could be en- couraged to take the lead in developing the model agency plan (or pay for its development). However, the author has not identified any GSA employee in the South Coast field offices or San Fran- 17 ------- cisco regional office who could be expected to take on this responsibility. The best approach may be to hire a consultant to develop the plan. The plan could then be 'marketed' to other agencies. (5) Propose and support advantageous legislative changes. On August 3, 1990, Senator Barbara Mikulski of Maryland intro- duced legislation to allow federal agencies to subsidize transit passes (see Appendix G) ,13 EPA headquarters should support this legislation. EPA could also work with legislators to encourage introduction of bills to allow other types of subsidies and re- quire better parking management practices. GSA's National Capital regional office, in the Washington DC area, has organized a committee of federal agency representatives to develop a strategy for improving the federal government's ability to reduce employee commute trips, including proposal of legislation. GSA has tried to involve EPA headquarters in the effort, but has thus far been unsuccessful. (6) Encourage the District and ridesharing services to im- prove their response time and public relations activities. This may involve analysis of the District's process of plan review, and possibly recommendation of changes to Regulation XV. Com- muter Transportation Services and Orange County Commuter Network should be encouraged to mail match lists to interested employees within one week. Where this strategy is not effective, EPA should be prepared to use its enforcement capabilities to bring recalcitrant federal facilities into full compliance with Regulation XV. 13. This provision would only apply where the State or local government has an existing program to encourage use of public transit. 18 ------- V. CONCLUSION EPA has an important role to play in improving federal facility compliance with Regulation XV. While the strategy outlined above will not guarantee full federal compliance, it will remove many of the obstacles identified during the research phase of this analysis. When EPA released its proposed Federal Implementation Plan (FIP) for the South Coast on July 31, 1990, the agency was criticized for not including tough control measures for federal facilities. The strategy recommended in this paper may be considered part of a pro-active response to that criticism. A more direct way to insure that federal facilities in the South Coast reduce employee commute trips would be to include a rule similar to Regulation XV in the final FIP. The cost to EPA of implementing the recommendations should be minimal. It would involve limited staff time of one or two EPA Region IX and one EPA headquarters staff members. In addition, recommendations one and two will require printing and travel ex- penditures . 19 ------- ------- APPENDIX A SURVEY USED IN CALCULATING AVERAGE VEHICLE RIDERSHIP ------- ------- TRIP RECORD FOR AVERAGE VEHICLE RIDERSHIP (AVR) EMPLOYER: NAVAL STATION #1619-001 NAME FIRST HOME ZIP CODE IAST DATE PLEASE USE INK 1. What time did you report to and leave from work each day last week? (Circle am or pm.) If you were on leave utilize previous week's work schedule. Leave box blank only if you did not work on a particular day. Monday Tuesday Wednesday Thursday Friday Saturday Sunday Reported to work i Left from work 2. How did AM . " PM AM * PM AM " PM AM • PM AM " PM AM • PM AM . ' PM AM • PM AM . " PM AM • PM AM " PM AM « PM AM * PM AM - PM - you travel to work each day last week? (Please write the appropriate letter in the box for each day.) If you were on leave utilize previous week's work schedule. Leave box blank only particular day, Monday Tuesday n * I_J c Wednesday Q Thursday Friday Saturday Sunday n f D S I I ' n JK = Drove alone = Carpooled - = Carpooled if you did not work on a Driver (Traveling with one or more people, including family members.) - Rider (Traveling with one or more people, including family members.) = Vanpooled - = Vanpooled - Driver (A group of commuter sharing a ride in a van.) Rider (A group of commuter sharing a ride in a van.) = Rode Public Bus (Transit) = Buspooled = Motorcycled = Walked (A group of commuters sharing a ride in a private bus.) = Bicycled = Other (Please soecifv): 3. Where did you begin work each day last week? "If you did not start work between particular day, please put in the letter day.) Monday Tuesday Wednesday Thursday Friday Saturday S,nd*v n n * D c U o n } u ° n "G " for that day. 6:00 am and 10:00 on any (Please write the appropriate letter in the box for each = Regular Work Location = Satellite Work Center = Home (Worked from home, telecommuted) = Another Company or Branch Office = Day Off for 9/80, 4/40, or Other Type or Modified Work Schedule = Did Not Work (e.g. Day Off, Sick) = Other (Please specify): ,-/•>»«/. rrrc Ts^wconcr/srjoiv^fpy/CfS:. flVC ------- ------- APPENDIX B SURVEY USED FOR MATCHING POTENTIAL RIDESHARERS ------- ------- 1619-001 Commuter Transportation Service;, /nc Commuter Computer COMMUTER SURVEY NAVAL STATION Please complete this form in ink and sign it at the bottom. Your address is kept confidential. Have you ever applied to a Commuter Computer ridesharing program before? Yes Q No JL l l l l l l l l l l l l l First Name I I I I I I I i i I i I I I I Last Name i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i Home Address or Nearest Intersection i i i Zip Code i l l l l l l l l l l l l l l l l l l l l l l City NAVAL STATION, LONG BEACH 13 i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i Work Address / i i i i i i i i i i i i i Rank, Rate, Ship Or Bldg. and Dept KKIVAITAII MAItlVltNl This information is solicited under the authority of 5 USC 301 and Executive Order 12191 and will be furnish* for preparation of rosters (rideshare matchlists) in order to assist Naval Station Long Beach in the devc.u^mcin. wi <• nvniwic program for its employees. Registration is voluntary. Failure to provide the requested information results in the inability to ruimrinata inttiA nmnrjim preparation ot rosters (rideshare matchlists) in ore program for its employees. Registration is voluntary participate in the program. 8 Work Phone i l l l l l l l l l l l l l l l l l I Area Telephone Extension i i i i i i i i i i i i i i i i i i i i i i i i PRIVACY ACT STATEMENT ISC 301 and Executive Order 12191 and will be furnished to Commuter Computer order to assist Naval Station Long Beach in the developement of a rideshare Home Phone I''' i i i i ' l ' ' Area Telephone •I f\ Icanbestbe H)DHome - - Whatareyour , , , : , , , A> DAM J. U reached at.. w>r-]Work 11 norma, hours? StartTime p,r-jpM "^^f^ 12 Which best describes your schedule? 13 What days do you commute? L_j Monday through Friday OR 14 D) C) V) p) Signature R) F) V) ^] My schedule is about the same everyday. ^j My schedule may vary up to 1/2 hour. ^] My hours vary daily from week to week. Check all days that apply Sun Mon Tue Wed Thu Fri Sat n n n an na U M T W R F S How do you normally com mute? JL O 1 would like to receive a matchlist (check one only) (If yes, please check one only) 1 — 1 1 1 _j Drive Alone ^ Vanpool ~~j Public Bus , 1 — i R) II 1 would consider ridesharing on a regular basis. j=J ™ C) | 1 1 would consider ridesharing on an occasional basis I ) [_J Bicycle W) ~~\ Walk B) ~j Private Bus For Office Use "1 /? i* i r>* i oo ------- ------- APPENDIX C FEDERAL BUILDINGS AND AGENCIES WITH 100 OR MORE EMPLOYEES ------- ------- LIST OF FEDERAL BUILDINGS AND AGENCIES WITH 100 OR MORE EMPLOYEES IN THE SOUTH COAST From GSA Master Space Assignment List. Does not include military installations, Postal Service facilities, VA hospitals, federal prison, or Fed Reserve Bank. Building Agency LOS ANGELES Federal Building IRS Corp of Eng Secret Svc Terminal Island FB Customs Fed Bldg USPO FBI [Postal Svc] Dept Vets Benefits Van Nuys FB & PO Def Logistics Agcy IRS 6726 Sunset Blvd SSA 21200 Roscoe Blvd SSA 5757 Wilshire Blvd SEC 11500 W Olympic Blvd IRS 5051-5061 Rodeo Road Mil Enlist Prog 6340 Variel Ave IRS 15350 Sherman Way Blvd Census Address Poo A Pop B 300 N Los Angeles St 300 S Ferry St 11000 Wilshire Blvd 6230 Van Nuys Blvd 6726 Sunset Blvd 21200 Roscoe Blvd 5757 Wilshire Blvd 11500 W Olympic Blvd 5051-5061 Rodeo Road 6340 Variel Ave 15350 Sherman Way Blvd 2178 894 114 358 690 [138] 788 249 301 116 103 118 371 292 160 103 3720 474 2182 643 116 103 118 371 481 160 103 ------- US Courthouse 312 N Spring Street 960 US Dst Courts 288 Referees in Bankruptcy 101 Off US Attys 214 US Marshals Srv 112 Federal Building 1340 W 6th Street 231 DOI Minerals Mgs Service 231 Wilshire-Coronado Bldg 3660 Wilshire Blvd 495 EEOC 162 IRS 214 World Trade Center 350 S Figueroa St 532 DBA 270 GAO 178 3250 Wishire Blvd 3250 Wilshire Blvd 174 SSA 174 845 S Figueroa 834 S Figueroa 405 SSA 181 1615 W Olympic (listed as 1625 W Olympic) 376 HUD OFF Secty 336 360 E 2nd Street 360 E 2nd Street 208 Corps of Engineers 196 BELL Bldg 6, Fed Svc Ctr 5600 Rickenbacker Rd 162 MONTEREY PARK 2 Cupania Circle 2 Cupania Circle 243 IRS 243 PASADENA Fed Bldg/Court House 125 S Grand Ave 243 US Court of Appeals 161 CARSON 16941 Keegan Ave 16941 Keegan Ave 353 IRS 353 EL MONTE 9100 E Flair Dr 9100 E Flair Dr 553 IRS 553 ------- GLENDALE 425 E Colorado St SSA 225 W Broadway IRS EL SEGUNDO 222 N Sepulveda Blvd Def Logistics Agcy LONG BEACH 400 Oceangate Coast Guard 100 Broadway SSA One World Trade Ctr Customs GAROENA 1149 W 190th Street HAWTHORNE Hawthorne Fed Bldg FAA IRS SANTA ANA Federal Building HUD Off Secty Def Logistics Agcy IRS 301 S Harbor Blvd IRS 901 Civic Center Dr LAGUNA NIGUEL Chet Holifield FB IRS Nat Archives Ctr INS 425 E Colorado St 222 N Sepulveda Blvd 400 Oceangate 100 Broadway One World Trade Ctr 1149 W 190th St 15000 Aviation Blvd 34 Civic Center Dr 301 S Harbor Blvd 901 Civic Center Dr 24000 Avila Road 110 436 110 436 1529 1387 339 100 109 421 100 109 130 1176 959 109 1098 107 206 455 241 241 183 2097 1244 250 467 ------- RIVERSIDE 1000 Iowa Ave IRS SAN BERNARDINO 699 N Arrowhead 1824-1828 Commerce Cir Forest Service 1000 Iowa Ave 240 240 699 N Arrowhead 1824-1828 Commerce Cir 102 107 107 SUB-TOTAL: SCAQMD estimate for military installations: Federal Reserve Bank Postal Service Prison VA Hospitals 17911 53205 758 30714 285 7020 TOTAL: 109,893 ------- APPENDIX D LETTER FROM EPA TO IRS CLARIFYING OBLIGATION TO COMPLY ------- ------- y . .-.i° -'••• *v -fe y I- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 9 1235 MISSION STREET SAN FRANCISCO, CA 94103 August 8, 1990 Maryanne Cossentine Internal Revenue Service 300 N. Los Angeles Street Room 1101 Los Angeles, CA 90012 Dear Ms, Cossentine: Pursuant to your recent discussion with Cindy Jacobs of my staff, I am writing to clarify the obligation of federal employers under the South Coast Air Quality Management District's (SCAQMD) Regulation XV. The SCAQMD Board adopted Regulation XV, Trip Reduction/Indirect Source (Rule 1502) in December 1987. This regulation requires all South Coast employers who employ more than 100 persons at any worksite to promote employee par- ticipation in ridesharing programs. Some federal agencies have questioned whether they are obligated to comply with Regulation XV, despite the fact that the definition of employer stated in the regulation includes any "government agency . . . which employs 100 or more people at a single worksite." Section 118(a) of the Clean Air Act clearly states that federal agencies are not exempt from local air quality regulations such as Regulation XV: "governmental agencies shall be subject to, and comply with, all Federal, State, interstate, and local requirements respecting the control and abatement of air pollution to the same extent as any non- governmental entity." Residents of the South Coast Air Basin are exposed to the worst air quality, by far, in the nation. The intent of Regula- tion XV is to reduce the emissions of air pollutants from vehicles used for commuting between home and the worksite. Motor vehicles bear major responsibility for air pollution problems in California's South Coast, accounting for roughly half of the emissions of volatile organic compounds (VOC), two-thirds of the emissions of nitrogen oxides, and 90 percent of carbon monoxide emissions. VOC and nitrogen oxides combine in the presence of sunlight to form ozone. Peak ozone concentrations reach almost three times the national standard set to protect public health. Every effort to decrease the number of vehicular trips and thereby decrease vehicular emissions is clearly critical in the South Coast. ------- Full compliance by federal agencies is essential to achiev- ing the air quality goals of Regulation XV as well as in setting an example for other government agencies and the private sector to follow. I look forward to your participation in informing federal agencies located in the South Coast of their obligation to comply with Regulation XV. If you have any questions on this or related issues, please call Cindy Jacobs at (FTS) 556-0250. Sincerely, David P. Howekamp Director Air and Toxics Division ------- APPENDIX E LETTER TO SENATOR MIKULSKI FROM TRANSPORTATION ACTION PARTNERSHIP ------- ------- of NORTH BETHESDA AND ROCKVILL£. INC August 2,1990 The Honorable Barbara Mikulski United Slates Senate Washington, DC 20510 Dear Senator Mikulski, I understand that you are considering introducing legislation that would allow federal agencies to offer financial incentives to their employees who use public transit to commute. The Transportation Action Partnership, Inc. (TAP) strongly supports this idea as a means to reduce traffic congestion and air pollution in the Washington area and to help commuters in the North Bcihcsda and Rockville area. TAP is a transportation management association serving North Bethcsda and Rockville. Our members see that traffic congestion could reduce the attractiveness of North Bethcsda and Rockville as a growing commercial center. It is becoming more difficult to recruit and retain employees, and traffic congestion is reducing the quality of life for everyone who works, lives, and shops in the area. Offering financial incentives to encourage employees to share the commute trip by ridcsharing or using transit has been shown to be very effective. Many private employers in North Bethcsda and Rockville do provide transit and ridcsharing incentives to their employees, but federal agencies are prohibited from doing so. approxir Health, t Administration, Bethcs3a Naval Medical Center, Health and Human Services and several other smaller offices. Several of these agencies have good access to transit. Permitting federal agencies to offer transit subsidies would be likely to spark increased use of these existing services, improving the services' efficiency and reducing traffic congestion in the area. ------- Honorable Barbara Mikulski, page 2 TAP's members have made a commitment to help improve traffic conditions in North Bethesda and Rockvjlle by joining TAP and promoting use of transit and ridcsharing among their employees, we appreciate the support you have shown for past commuter legislation. Please continue your support for legislation that would make TAP's efforts and the efforts of our members more effective. Sincerely, Lori Diggins Executive Director cc Honorable Paul Sarbanes Honorable Constance Morella Mike Springer, USNRC Juanita Mildenberg, NIH ------- APPENDIX F LETTER TO EPA FROM MARTIN GELBAND, ASSISTANT TRANSPORTATION COORDINATOR, MCAS EL TORO ------- ------- DEPARTMENT OF THE NAVY PNAV 5216/144A (R«v. 8-«1) !/N 0107-LF-O62-2320 UtrAHIMCNI W IMt NAVT Memorandum >ATE: 6 August 1990 =ROM: Martin Gelband, Assistant Transportation Coordinator, MCAS El Toro, CA "O: Cindy Jacobs, NNEMS Fellow !UBJ: YOUR LETTER 3 AUGUST 1990 Thank you for your letter of 3 August. We are all looking foward to receiving a copy of -your final report. Vie especially look foward to your proposal for sponsoring a forum for federal agencys ETCs to share information and ideas. Further, and since I was the person who originally suggested the concept of the Department of Defense establishing a Council within that branch of government to be the "spokesperson" in meetings with AQMD. In other words, those DOD facilities within the SCAQMD have very unique and special needs that must be addressed by us and must be understood by AQMD. There have been times when our "pleas" have gone unheeded or have been misunderstood. A DOD council chairperson might be able to get the "ear" of the powers that be at AQMD since that chairperson would represent a very sizable number of employees. In numbers there is strength. If that doesn't work, then someday we might need a DOD counsel ! We appreciate the work you are doing and look foward to your comments and those of your superiors on the above. Thank you for your concern. Martin Gelband ------- ------- APPENDIX G PRESS RELEASE AND LEGISLATION INTRODUCED BY SENATOR MIKULSKI ------- ------- Senator Barbara A. Mikutski of Maryland RELEASE: IMMEDIATE August 3, 1990 CONTACT: Linda Marson (202) 224-4654 MIKDLSKI IMTRODUCES LEGISLATION fn AT.T/TW AGENCIES TO OFFER DISCOUHTED TRANSIT PASSES TO FEDERAL EMPLOYEES LEGISLATION MODELED AFTER MONTGOMERY COUMTY "FARE SHARE" PROGRAM Washington, D.C. — Senator Barbara Mikulski today introduced legislation to allow federal agencies to encourage their employees to use public transportation — through discounted transit passes. "As our urban and surburban streets become increasingly congested and our air becomes increasingly polluted, federal, state and local governments, along with the private sector, have got to find ways to get people out of their cars and into trains, trolleys, buses, van- pools, and other forms of mass transit — that's just good common sense," said Mikulski. The idea for this legislation originated with the government of Montgomery County, Maryland, which operates an innovative and highly successful program to encourage employees to ride public transporta- tion, instead of driving to work. Under Montgomery County's FARE SHARE program, the County and private employers cooperate to reduce the cost to workers of buying transit fares. For example, under the FARE SHARE program, the County purchases a $21 Metrorail subway farecard, which it then sells to the employer for $15. The employer sells the farecard to the employee for just $10 — cutting the employee's cost of taking public tranportation in half. (MORE) ------- -2- Montgomery County has sought to expand this program to include federal employees, but federal law prohibits federal workers whose pay is fixed by?statute from receiving additional benefits unless specifi- cally authorized by law — an obstacle which Mikulski's legislation would eliminate. "This is the kind of common-sense program that the federal government should encourage and participate in," said Mikulski. "Getting employees out of their cars and onto public transporation is good public policy." -30- ------- S 12170 CONGRESSIONAL RECORD — SENATE August &, 1990 ue can from the wreckage of the S&L industry and to do it in a fair and hon- orable way. This bill says to all those sharp oper- ators who have taken us to the clean- ers once—we won't be fooled again. Mr. President. I ask unanimous con- sent that the text of the bill be print- ed in the RECORD. There being no objection, the bill was ordered to be printed in the RECORD, as follows: S. 2977 Be it enacted by the Senate and House of Representatives of the Vnited States of America in Congress assembled, SEC10X 1. LIMITATION ON RTC ASSET SALES. Section 21A(b)(12) of the Federal Home Loan Bant Act (12 U.S.C. H41a(bK12)> is amended by adding at the end the follow- ing. \G) CERTAIH SALES PROHIBITED.—Notwith- standing any other provision of law. the Corporation shall prescribe regulations to prohibit the sale of assets of a failed institu- tion by the Corporation to any person v-ho- "(iXI) defaulted on an obligation or obli- gations In excess of $1.000.000 to a failed in- stitution or was a member of a partnership ,or an officer or director of a corporation 'which defaulted on an obligation or obliga- tions in excess of $1.000.000 to a failed insti- tution, and (II) proposes to purchase the iisiet or assets in question in whole or in part through the use of the proceeds of a loan or advance of credit from the Corpora- tion or from an insured institution subject to the jurisdiction of the Corporation pursu- ant to paragraph OKA). "iii) was an officer or director of the failed institution or of any affiliate thereof who participated in a material way in transac- tions that resulted in a substantial loss to the failed institution or affiliate. ">::ij has been removed from, or prohibit- ed from participating in the affairs of. any insured depository Institution pursuant to ar.y final enforcement action by any appro- priate Federal banking agency, or "i sv i demonstrated a pattern or practice of dedication regarding obligations to insured expository institutions. For the purpose of this subparagreph— " of the Bank Ho'.C-.ig Company Act of 19b€.". / By Ms. MIKULSKI: S 2978. A bill to provide that Feder- al employees may participate in State and local government programs en- couraging the use of public transporta- tion, to the Committee '.m Governmen- tal Affairs. ENCOURAGING THE IIJ.K OF PUBLIC TS/LNSPOPT/TION e f.:> MIKL'LSKI. Mr. President, I rise today to introduce legislation to !ei Federal agencies-and thtir em- r-'-J^ts—r-".rU'.-.'pate ir- State and local t-v. •_• nment programs t-f.co'jrapir.t the L±~ c! public transportation. As our urban and suburban streets rx-or-me increasingly corses'.cd and our air c-ecomes increasingly polluted. Fed- eral. State and local governments. along with the private sector, have got to put our li?ads together. We've got to find ways to get people out of their cars and into trains, trolleys, buses. vanpools. and other forms of mass transit. That's just pood common sense. This legislation opens the door to that kind of cooperation by letting Federal agencies participate in transit incentive programs to which a signifi- cant local commitment exists. I hope it will inspire local communities across the country to seek creative commut- ing alternatives. Mr. President, I identify with the frustrations of commuters, because I am one myself. Every day. I travel back and forth along the Baltimore- Washington Parkway from my home in Fells Point. Baltimore, to Capitol Hill. And let me tell you, it is stressful. Backups, accidents, road construction delays—it's no wonder that families in my State ask me for help to make that commute easier. I want to help. I think tills legislation will begin to help. The idea for this legislation originat- ed with a local government in my State—the government of Montgom- ery County. MD—which operates an innovative and highly successful pro- grain to encourage employees to ride public transportation, instead of driv- ing to work. Under Montgomery County's "Fare Share" program, the County and pri- vate employers cooperate to reduce the cost to workers of buying transit fares. For example, under the Fare Share program, the County purchases a $21. Metrorail subway farecard. which It then sells to the employer for $15. The employer sells the farecard to the employee for just $10—cutting the employee's cost of taking public trans- portation in half. The Fare Share program celebrated its 100th participating compary in the fall of 1989. Some 3.000 employees re- ceive discounted Mettorail, Metrobus. •local "Ride-on" bus. and Marc train passes under the program. Half of these are new transit riders. Montgomery County has sought to expand this program to include Feder- al Government employees; but has run up against an obstacle: Federal law prohibits Federal employees whose pay is fixed by statute or regulation from receiving additional pay or bene- fits unless specific?.lly authorized by law. That's why my bill specifically au- thorizes agencies to participate in any program established by a State $K* loca! govennent that encourages em- ployees to use public transportation,. through discounted transit passel^f T other iiwuiveE This is t.^.e kind of common-sense procrnni that the Federal Government should encourage and participate in. Getting employees out of their cars and onto public transportation is good public policy. Mr. President, I ask unanimous con- • sent that the text of the bill be insert- ed in the RECORD. There being no objection, the bill was ordered to - be printed in the RECORD, as follows: S. 2978 Be it enacted by the Sfnale and House of Representatives of the United States of Amencc in Congress assrr.ibltd. SECTION I. F£I>ER\L PARTICIPATION IN STATE AM) l«X'AL PROGRAMS TO ENt'OlTt AGE riBI.IC TRANSPORTATIOS. 3<&S1 of1 vaste in land;.i is. Th- NRC suggests that such State laws are not compati- ble with the NRC policy and thus may be preempted. Such preemption is un- acceptab'e. ------- |