- (1) An employer with less than 100 employees at a work site is exempt from the requirements of this rule.
- (2) An employer who has met the target drive-alone rate is exempt from requirements stated in R307-320-4(3) and (4). The employer must still submit the drive-alone rate information to the director annually.
(3) Employees using vehicles for commute purposes as part of their job responsibility for emergency response are exempt from the drive-alone rate determination if they do not have the option, because of employer policies, to participate in telecommuting programs, compressed work week schedules, or as a rideshare driver, as approved by the director.
- (a) An employer seeking exemption status shall comply with all requirements of the rule until an exemption is granted.
- (b) The director shall approve or deny a request for exemption within 90 days of application.
(4) Other exemptions may be granted on a case by case basis and must be approved by the director.
- (a) The employer seeking exemption must be able to demonstrate that the trip reduction program causes an adverse impact on the employer's ability to provide services or creates an undue hardship.
- (b) The employer may also seek an exemption by providing an alternative to the Trip Reduction Program that shows, at a minimum, for the work site seeking exemption, a reduction in oxides of nitrogen equivalent to that achieved by the Trip Reduction Program when implemented to the target drive-alone rate schedule in the table in R307-320-3. The employer shall provide all substantiating information and calculations.
- (c) An employer seeking exemption status shall comply with all requirements of the rule until an exemption is granted.
- (d) The director shall approve or deny a request for exemption within 90 days of application.
KEY: air pollution, motor vehicles, trip reduction
Date of Last Change: March 9, 2007
Notice of Continuation: December 1, 2021
Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(h)