The EPA Regional Administrator, Jared Blumenfeld signed the following 

proposed rule on August 30, 2012 and EPA is submitting it for publication in 

the Federal Register (FR). While we have taken steps to ensure the accuracy 

of this Internet version of the proposed rule, it is not the official version 

of the proposal for purposes of public comment. Please refer to the official 

version in a forthcoming FR publication appearing on the Government Printing 

Office’s FDsys website, http://fdsys.gpo.gov/fdsys/search/home.action and on 

Regulation.gov in Docket Number EPA-R09-OAR-2011-0492, 

http://www.regulations.gov

Billing Code: 6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0492; FRL– ]

Approval and Promulgation of Implementation Plans; California; 

Determinations of Attainment for the 1997 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule. 

SUMMARY: EPA is making several determinations relating to 1997 

8-hour ozone nonattainment areas in California. First, EPA is 

determining that six 8-hour ozone nonattainment areas in 

California (Amador and Calaveras Counties, Chico, Kern County, 

Mariposa and Tuolumne Counties, Nevada County, and Sutter 

County) ("six CA areas") attained the 1997 8-hour ozone national 

ambient air quality standard (NAAQS) by their applicable 

attainment dates. Second, in making these determinations for 

Mariposa and Tuolumne Counties and Nevada County, EPA is also 

granting them one-year attainment date extensions. Lastly, EPA 

is determining that the six CA areas and the Ventura County 8-

hour ozone nonattainment area in CA have attained and continue 

to attain the 1997 8-hour ozone NAAQS based on the most recent 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

2

three years of data. Under the provisions of EPA's ozone 

implementation rule, these determinations suspend the 

requirements for these areas to submit revisions to the state 

implementation plan related to attainment of the 1997 8-hour 

ozone standard for as long as these areas continue to meet the 

1997 8-hour ozone NAAQS.

DATES: These actions are effective on [Federal Register: Insert 

date 60 days after the publication date] without further notice, 

unless EPA receives adverse comment by [Federal Register: Insert 

date 30 days after the publication date]. We are publishing 

these rules without prior proposal because the Agency views them 

as noncontroversial actions and anticipates no adverse comments. 

In the proposed rules section of this Federal Register

publication, EPA is publishing a separate document that will 

serve as the proposal should adverse comments be filed. If EPA 

receives adverse comment, we will publish a timely withdrawal in 

the Federal Register informing the public that the rule will not 

take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. 

EPA-R09-OAR-2011-0492 by one of the following methods:

1. Federal eRulemaking Portal, at www.regulations.gov, please 

follow the on-line instructions;

2. E-mail to ungvarsky.john@epa.gov; or
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

3

3. Mail or delivery to John Ungvarsky, Air Planning Office, 

AIR-2, U.S. Environmental Protection Agency, Region IX, 75 

Hawthorne Street, San Francisco, California 94105-3901.

Instructions: All comments will be included in the public docket 

without change and may be made available online at 

www.regulations.gov, including any personal information 

provided, unless the comment includes Confidential Business 

Information (CBI) or other information whose disclosure is 

restricted by statute. Information you consider to be CBI or 

otherwise protected should be clearly identified as such and 

should not be submitted through www.regulations.gov or e-mail. 

www.regulations.gov is an “anonymous access” system, and EPA 

will not know your identity or contact information unless you 

provide it in the body of your comment. If you send an e-mail 

directly to EPA, your e-mail address will be automatically 

captured and included as part of the public comment. If you 

submit an electronic comment, EPA recommends that you include 

your name and other contact information in the body of your 

comment and with any disk or CD-ROM you submit. If EPA cannot 

read your comment due to technical difficulties and cannot 

contact you for clarification, EPA may not be able to consider 

your comment. Electronic files should avoid the use of special 

characters, any form of encryption, and be free of any defects 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

4

or viruses. 

Docket: The index to the docket for this action is available 

electronically at www.regulations.gov and in hard copy at EPA 

Region IX, 75 Hawthorne Street, San Francisco, California. 

While all documents in the docket are listed in the index, some 

information may be publicly available only at the hard copy 

location (e.g., copyrighted material), and some may not be 

publicly available at either location (e.g., 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: John Ungvarsky, Air Planning 

Office, AIR-2, EPA Region IX, 75 Hawthorne Street, San 

Francisco, CA 94105-3901, telephone number (415) 972-3963, or 

email ungvarsky.john@epa.gov. 

SUPPLEMENTARY INFORMATION: Throughout this document, wherever 

“we”, “us” or “our” are used, we mean EPA. We are providing the 

following outline to aid in locating information in this 

proposal.

Table of Contents

I. What determinations is EPA making?

II. What is the background for these actions?

A. Ozone NAAQS
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Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

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B. EPA Designations and Classifications of Ozone 

Nonattainment Areas

C. One-Year Attainment Date Extensions

D. Determinations of Attainment by Areas’ Attainment 

Deadline and Determinations of Continued Attainment

E. Ambient Air Quality Monitoring Data

III. What are the effects of these actions?

A. Attainment Date Extensions

B. Determinations of Attainment by Areas’ Applicable 

Attainment Dates

C. Determinations of Current Attainment and 40 CFR 51.918

IV. What is EPA’s analysis of the relevant air quality data?

A. Monitoring Network and Data Considerations

B. Evaluation of Attainment by Applicable Attainment Date 

and/or Current Attainment

1. Butte County and Sutter Buttes

2. Eastern Kern and Central Mountain Counties

3. Southern Mountain Counties and Western Nevada County

4. Ventura County

V. EPA’s Final Actions

VI. Statutory and Executive Order Reviews

I. What determinations is EPA making?

EPA is making several separate and independent types of 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

6

determinations with respect to a number of 1997 8-hour ozone 

nonattainment areas in California. First, pursuant to section 

181(b)(2) of the Clean Air Act (CAA), EPA is determining that 

the Amador and Calaveras Counties (Central Mountain Counties), 

Chico (Butte County), Kern County (Eastern Kern), Mariposa and 

Tuolumne Counties (Southern Mountain Counties), Nevada County 

(Western Nevada County), and Sutter County (Sutter Buttes) 8-

hour ozone nonattainment areas in California (herein referred to 

as the "six CA areas") attained the 1997 8-hour ozone NAAQS by 

their respective applicable attainment dates. Second, in 

connection with this determination, EPA is also granting, 

pursuant to section 181(a)(5) and 40 CFR 51.907, applications 

submitted by the California Air Resources Board (CARB) for 

extensions to the applicable attainment dates for the Southern 

Mountain Counties and Western Nevada County nonattainment areas. 

The applicable attainment dates vary among the six CA 

areas. For Butte County and Sutter Buttes, EPA is determining 

that these areas attained the 1997 8-hour ozone standard by 

their applicable attainment deadline of June 15, 2007, based on 

complete, quality-assured, and certified ambient air quality 

monitoring data for 2004-2006. For the Central Mountain Counties 

and Eastern Kern ozone nonattainment areas, EPA is determining 

that they attained the 1997 8-hour ozone standard by their 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

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applicable attainment deadline of June 15, 2010, based on 

complete, quality-assured and certified air quality data for 

2007-2009. For the Southern Mountain Counties and Western Nevada 

County, whose original attainment date was June 15, 2010, EPA is 

granting a one-year attainment date extension until June 15, 

2011 and determining that these areas attained the 1997 8-hour 

ozone NAAQS by that extended attainment date, based on complete, 

quality-assured data for 2008-2010. 

In addition, for all the areas listed above and for Ventura 

County,

1 EPA is determining, based on complete, quality-assured 

and certified air quality monitoring data for 2009-2011, that

these areas have attained and continue to attain the 1997 8-hour 

ozone NAAQS. Preliminary data for 2012 indicate that these areas 

continue to attain the NAAQS. Under the provisions of 40 CFR

51.918, these latter determinations suspend the obligation of 

the State to submit certain planning requirements related to 

attainment for as long as the areas continue to attain the 

standard. 

II. What is the background for these actions?

A. Ozone NAAQS 

In 1997, EPA revised the health-based NAAQS for ozone, 

setting it at 0.08 parts per million (ppm) averaged over an 8-

 

1 Ventura County is classified as a "serious" nonattainment area for the 1997 

8-hour ozone standard. As such, the applicable attainment date for Ventura 

County is June 15, 2013.
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Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

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hour time frame. EPA set the 8-hour ozone standard based on 

scientific evidence demonstrating that ozone causes adverse 

health effects at lower ozone concentrations and over longer 

periods of time than was understood when the pre-existing 1-hour 

ozone standard was set. EPA determined that the 8-hour standard 

would be more protective of human health, especially for 

children and adults who are active outdoors, and individuals 

with a pre-existing respiratory disease, such as asthma.

On March 27, 2008 (73 FR 16436), EPA promulgated a revised 

8-hour ozone NAAQS of 0.075 ppm. On April 30, 2012 (77 FR 30088 

and 77 FR 30160), EPA issued final rules addressing air quality 

designations and implementation of the 2008 8-hour ozone NAAQS. 

The rulemakings that are the subject of this notice concern only 

the 1997 8-hour ozone NAAQS and are not affected by the 2008 8-

hour ozone NAAQS.

B. EPA Designations and Classifications of Ozone Nonattainment 

Areas

On April 30, 2004 (69 FR 23858), EPA finalized its 

attainment/nonattainment designations for areas across the 

country with respect to the 8-hour ozone standard. In that 

action EPA designated Butte County, the Central Mountain 

Counties, Eastern Kern, the Southern Mountain Counties, Sutter 

Buttes, and Western Nevada County as nonattainment under title 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

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I, part D, subpart 1 of the CAA (subpart 1) and provided that 

these designations would become effective on June 15, 2004. Also 

in EPA’s April 30, 2004 action, Ventura County was designated 

nonattainment under title I, part D, subpart 2 of the CAA 

(subpart 2) and classified as "moderate".

2

In June 2007, the United States Court of Appeals for the 

District of Columbia Circuit (D.C. Circuit Court) vacated the 

portion of the 1997 ozone implementation rule that allowed areas 

to be designated under subpart 1.3 On January 16, 2009 (74 FR 

2936), EPA published a proposed rule to address, among other 

issues, the D.C. Circuit Court vacatur of the classification 

system that EPA used to designate a subset of initial 1997 8-

hour ozone nonattainment areas under subpart 1. In that 

rulemaking, EPA proposed that all areas designated nonattainment 

for the 1997 8-hour ozone NAAQS under subpart 1 would be 

classified as subpart 2 areas (hereafter referred to as the 

“Subpart 1/Subpart 2 1997 8-Hour Ozone Rulemaking”). The Butte 

County, Central Mountain Counties, Eastern Kern, Southern 

Mountain Counties, Sutter Buttes, and Western Nevada County

ozone nonattainment areas were among those areas that would be 

classified under subpart 2. On May 14, 2012 (77 FR 28424), EPA 

 

2 On May 20, 2008 (73 FR 29073), EPA granted California's request to 

reclassify Ventura County from "moderate" to "serious" for the 8-hour ozone 

standard. As such, the applicable attainment date for Ventura County is June 

15, 2013.

3 S. Coast Air Quality Mgmt. Dist. v. EPA, 489 F.3d 1245 (D.C. Cir. 2007).
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Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

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finalized the Subpart 1/Subpart 2 1997 8-Hour Ozone Rulemaking. 

The boundaries, resulting classifications and attainment dates 

for the six new subpart 2 California nonattainment areas and 

Ventura County are provided in Table 1.

C. One-Year Attainment Date Extensions

The 8-hour ozone implementation rule gives EPA discretion 

to grant up to two one-year extensions of the attainment date 

upon application by the state. The criteria for such a request 

are found in CAA section 181(a)(5) and 40 CFR 51.907. The state 

must show that 1) the state has complied with all requirements 

and commitments pertaining to the area in the applicable State 

Implementation Plan (SIP); and 2) no more than one exceedance of 

the NAAQS has occurred in the area in the year preceding the 

extension year.

D. Determinations of Attainment by Areas’ Attainment Deadline 

and Determinations of Continued Attainment

Under the provisions of EPA's ozone implementation rule for 

the 1997 ozone NAAQS (see 40 CFR 51.918), if EPA issues a 

determination that an area is attaining the standard (through a

rulemaking that includes public notice and comment), it will 

suspend the area's obligations to submit an attainment 

demonstration and associated reasonable available control 

measures (RACM), a reasonable further progress (RFP) plan, 
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ensure the accuracy of this version, but it is not the official version.

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contingency measures and other planning requirements related to 

attainment for as long as the area continues to attain. The 

determination of attainment is not equivalent to a 

redesignation. The state must still meet the statutory 

requirements for redesignation in order for an area to be 

redesignated to attainment.

E. Ambient Air Quality Monitoring Data

A determination of whether an area’s air quality meets the 

ozone NAAQS is generally based upon the most recent three years 

of complete, quality-assured data gathered at established State 

and Local Air Monitoring Stations (SLAMS) in the nonattainment 

area and entered into the EPA Air Quality System (AQS) database. 

Data from air monitors operated by state/local agencies in 

compliance with EPA monitoring requirements must be submitted to 

AQS. Heads of monitoring agencies annually certify that these 

data are accurate to the best of their knowledge. Accordingly, 

EPA relies primarily on data in AQS when determining the 

attainment status of areas. See 40 CFR 50.10; 40 CFR part 50, 

appendix I; 40 CFR part 53; 40 CFR part 58, appendices A, C, D 

and E. All data are reviewed to determine the area's air quality 

status in accordance with 40 CFR part 50, appendix I.

Under EPA regulations at 40 CFR part 50, the 1997 8-hour 

ozone standard is attained at a site when the 3-year average of 
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Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

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the annual fourth-highest daily maximum 8-hour average ozone 

concentrations at an ozone monitor is less than or equal to 0.08 

ppm. See 40 CFR 50.10. This 3-year average is referred to as the 

design value. When the design value is less than or equal to 

0.084 ppm (based on the rounding convention in 40 CFR part 50, 

appendix I) at each monitoring site within the area, then the 

area is meeting the NAAQS. The data completeness requirement is 

met when the three-year average percent of days with valid 

ambient monitoring data is at least 90%, and no single year has 

less than 75% data completeness as determined in Appendix I of 

40 CFR part 50.

III. What are the effects of these actions?

A. Attainment Date Extensions

Pursuant to CAA section 181(a)(5) and 40 CFR 51.907, the 

State has requested, and EPA is approving one-year attainment 

date extensions for the Southern Mountain Counties and Western 

Nevada County nonattainment areas. The effect of granting the 

attainment date extensions is to allow the State an additional 

year to demonstrate that the Southern Mountain Counties and 

Western Nevada County nonattainment areas have attained the 1997 

8-hour ozone NAAQS pursuant to section 181(b)(2) of the CAA. 

Without the one-year extension, the State cannot demonstrate 

that the two areas attained 1997 8-hour ozone NAAQS by the 
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30, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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Table 1. Nonattainment Area Classifications and Attainment Deadlines

Nonattainment 

Area Boundaries Classification Attainment Date

Butte County All of Butte County Marginal June 15, 2007

Central Mountain 

Counties

All of Amador and 

Calaveras Counties Moderate June 15, 2010

Eastern Kern The eastern portion of 

Kern County4 Moderate June 15, 2010

Southern Mountain All of Mariposa and Moderate June 15, 20115

 

4 That portion of Kern County (with the exception of that portion in Hydrologic Unit Number 18090205 the 

Indian Wells Valley) east and south of a line described as follows: Beginning at the Kern Los Angeles 

County boundary and running north and east along the northwest boundary of the Rancho La Liebre Land Grant 

to the point of intersection with the range line common to Range 16 West and Range 17 West, San Bernardino 

Base and Meridian; north along the range line to the point of intersection with the Rancho El Tejon Land 

Grant boundary; then southeast, northeast, and northwest along the boundary of the Rancho El Tejon Grant to 

the northwest corner of Section 3, Township 11 North, Range 17 West; then west 1.2 miles; then north to the 

Rancho El Tejon Land Grant boundary; then northwest along the Rancho El Tejon line to the southeast corner 

of Section 34, Township 32 South, Range 30 East, Mount Diablo Base and Meridian; then north to the 

northwest corner of Section 35, Township 31 South, Range 30 East; then northeast along the boundary of the 

Rancho El Tejon Land Grant to the southwest corner of Section 18, Township 31 South, Range 31 East; then 

east to the southeast corner of Section 13, Township 31 South, Range 31 East; then north along the range 

line common to Range 31 East and Range 32 East, Mount Diablo Base and Meridian, to the northwest corner of 

Section 6, Township 29 South, Range 32 East; then east to the southwest corner of Section 31, Township 28 

South, Range 32 East; then north along the range line common to Range 31 East and Range 32 East to the 

northwest corner of Section 6, Township 28 South, Range 32 East, then west to the southeast corner of 

Section 36, Township 27 South, Range 31 East, then north along the range line common to Range 31 East and 

Range 32 East to the Kern Tulare County boundary.

5 On March 23, 2010, James Goldstene, Executive Officer of the California Air Resources Board, submitted a 

request for EPA to grant a one-year extension of the proposed attainment date for the Southern Mountain 

Counties area. The June 15, 2011 date reflects EPA's final action today to grant CARB's application for a 

one-year extension in the applicable attainment date for this area.
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Counties Tuolumne Counties

Sutter Buttes A portion of Sutter 

County6 Marginal June 15, 2007

Ventura County A portion of Ventura 

County7 Serious June 15, 2013

Western Nevada 

County

The western portion of 

Nevada County8 Moderate June 15, 20119

 

6 That portion of the Sutter Buttes mountain range at or above 2,000 feet in elevation.

7 That part of Ventura County excluding the Channel Islands of Anacapa and San Nicolas Islands.

8 That portion of Western Nevada County, which lies west of a line, described as follows: beginning at the 

Western Nevada Placer County boundary and running north along the western boundaries of Sections 24, 13, 

12, 1, Township 17 North, Range 14 East, Mount Diablo Base and Meridian, and Sections 36, 25, 24, 13, 12, 

Township 18 North, Range 14 East to the Western Nevada Sierra County boundary.

9 On May 24, 2010, James Goldstene, Executive Officer of the California Air Resources Board, submitted a 

request for EPA to grant a one-year extension of the proposed attainment date for the Western Nevada County 

area. The June 15, 2011 date reflects EPA's final action today to grant CARB's application for a one-year 

extension in the applicable attainment date for this area.
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ensure the accuracy of this version, but it is not the official version.

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attainment dates in 77 FR 28424.

B. Determinations of Attainment by Areas’ Applicable 

Attainment Dates

Pursuant to section 181(b)(2) of the CAA, EPA is 

determining that the Butte County, Central Mountain Counties, 

Eastern Kern, Southern Mountain Counties, Sutter Buttes, and 

Western Nevada County ozone nonattainment areas attained the 

1997 8-hour ozone NAAQS by their applicable attainment dates.

These determinations discharge EPA’s obligations under 

section 181(b)(2) with respect to determining whether these 

areas attained by their respective attainment deadlines, and 

establish that these areas are not subject to reclassification 

for failure to attain by these deadlines.

C. Determinations of Current Attainment and 40 CFR 51.918

In addition, EPA is separately determining that the six CA 

areas and Ventura County have attained the standard based upon 

the most recent three years of data (without reference to their 

attainment deadlines). Under the provisions of 40 CFR section 

51.918, these determinations of attainment suspend the 

obligation for the State to submit certain planning requirements 

described above; however, they do not constitute redesignations

to attainment under section 107(d)(3) of the CAA. The 

designation status of the six CA areas and Ventura County
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ensure the accuracy of this version, but it is not the official version.

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remains nonattainment for the 1997 8-hour ozone NAAQS until such 

time as EPA determines that each area meets the CAA requirements 

for redesignation to attainment, including an approved 

maintenance plan.

In accordance with 40 CFR 51.918, based on these

determinations, the obligation under the CAA for the State of 

California to submit an attainment demonstration and RACM, RFP 

plan, contingency measures, and any other planning requirements 

related to attainment of the 1997 8-hour ozone NAAQS for these 

seven ozone nonattainment areas is suspended for so long as the 

areas continue to attain the 1997 8-hour ozone NAAQS. Although 

these requirements are suspended, EPA is not precluded from 

acting upon these elements, if California submits them for EPA 

review and approval.

The suspension continues until such time, if any, that EPA 

(i) redesignates the area to attainment at which time those 

requirements no longer apply, or (ii) subsequently determines 

that the area has violated the 1997 8-hour ozone NAAQS. It is

separate from, and does not influence or otherwise affect, any 

future designation determination or requirements for the area 

based on any new or revised ozone NAAQS. It remains in effect 

regardless of whether EPA designates the area as a nonattainment 

area for purposes of any new or revised ozone NAAQS.
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Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

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If EPA subsequently determines, after notice-and-comment 

rulemaking, that any one of these nonattainment areas has

violated the 1997 8-hour ozone NAAQS, the basis for the 

suspension of the requirements for that area, provided by 40 CFR 

51.918, would no longer exist, and the violating ozone 

nonattainment area would thereafter have to address those 

requirements.

IV. What is EPA’s analysis of the relevant air quality data?

A. Monitoring Network and Data Considerations

CARB is the governmental agency delegated under State law 

with the authority and responsibility for collecting ambient air 

quality data as directed by the CAA of 1977 and CAA Amendments 

of 1990. CARB and local Air Pollution Control Districts and Air 

Quality Management Districts ("Districts") operate ambient 

monitoring stations throughout the State. CARB is the lead 

monitoring agency in the Primary Quality Assurance Organization10

(PQAO) that includes all the monitoring agencies in the State 

with a few exceptions.11 CARB, Butte County Air Pollution Control 

District (APCD), Northern Sierra Air Quality Management District

(AQMD), and Ventura County APCD are the agencies responsible for 

 

10 Primary quality assurance organization means a monitoring organization or 

other organization that is responsible for a set of stations that monitor the 

same pollutant and for which data quality assessments can be pooled (40 CFR 

58.1).

11 The Bay Area Air Quality Management District, the South Coast Air Quality 

Management District, and the San Diego Air Pollution Control District are 

each designated as the PQAO for their respective ambient air monitoring 

programs. 
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monitoring ambient air quality within the seven nonattainment 

areas affected by today's final action. In addition, CARB 

oversees the quality assurance of all data collected within the 

CARB PQAO. CARB submits annual monitoring network plans to EPA 

that describe the monitoring sites CARB operates, in addition to 

monitoring sites operated by many smaller air districts, 

including Butte County APCD and Northern Sierra AQMD. Ventura 

County APCD submits the annual monitoring network plan for all 

sites in Ventura County. These plans discuss the status of the 

air monitoring network, as required under 40 CFR part 58.10.

Since 2007, EPA has regularly reviewed these annual plans 

for compliance with the applicable reporting requirements in 40 

CFR part 58. With respect to ozone, EPA has found that the 

areas’ network plans meet the applicable requirements under 40 

CFR part 58. See EPA letters to CARB approving its annual 

network plans for years 2007, 2009, 2010, and 2011.

12 CARB did 

 

12 Letter from Sean Hogan, Manager, Air Quality Analysis Office, U.S. EPA 

Region IX, to Karen Magliano, Chief, Air Quality Data Branch, Planning and 

Technical Support Division, California Air Resources Board (June 9, 

2008)(approving CARB’s “Annual Monitoring Network Plan for the Small 

Districts in California, Volume 1: June 2007”); Letter from Joe Lapka, Acting 

Manager, Air Quality Analysis Office, U.S. EPA Region IX, to Karen Magliano, 

Chief, Air Quality Data Branch, Planning and Technical Support Division, 

California Air Resources Board (Nov. 24, 2009) (approving CARB’s “2009 Annual 

Monitoring Network Report for Small Districts in California”); Letter from 

Matthew Lakin, Manager, Air Quality Analysis Office, U.S. EPA Region IX, to 

Karen Magliano, Chief, Air Quality Data Branch, Planning and Technical 

Support Division, California Air Resources Board (Oct. 29, 2010) (approving 

CARB’s “2010 Annual Monitoring Network Plan for the Small Districts in 

California”); Letter from Matthew Lakin, Manager, Air Quality Analysis

Office, U.S. EPA Region IX, to Karen Magliano, Chief, Air Quality Data 

Branch, Planning and Technical Support Division, California Air Resources 
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ensure the accuracy of this version, but it is not the official version.

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not propose modifications to their network in 2008 and therefore 

was not required to submit a network plan to EPA for approval.13

EPA also concluded14 from its Technical System Audit of the CARB 

PQAO (conducted during Summer 2007), that the combined ambient 

air monitoring network operated by CARB and the local air 

districts in their PQAO (which includes Butte County APCD, 

Northern Sierra AQMD, and Ventura County APCD) currently meets 

or exceeds the requirements for the minimum number of SLAMS for 

all criteria pollutants for the areas addressed in this action, 

and that all of the monitoring sites are reviewed with respect 

to monitoring objectives, spatial scales and other site criteria

as required by 40 CFR part 58, appendix D. Also, CARB annually 

certifies that the data it submits to AQS are complete and 

quality-assured. This includes data from all CARB sites, along 

with some data for local district sites.15 Northern Sierra AQMD 

annually certifies that the data it submits for its Grass Valley 

site to AQS are complete and quality-assured.16 Ventura County 

 

Board (Nov. 1, 2011) (approving CARB’s “2011 Annual Monitoring Network Plan 

for the Small Districts in California”).

13 See also EPA letters to Ventura County APCD approving its annual network 

plans for years 2009, 2010, and 2011.

14 Letter from Deborah Jordan, Director, Air Division, U.S. EPA Region IX, to 

James Goldstene, Executive Officer, California Air Resources Board (Aug. 18, 

2008) (transmitting findings of EPA’s Summer 2007 Technical System Audit of 

CARB's ambient air monitoring program).

15 See, e.g., letter from Karen Magliano, Chief, Air Quality Data Branch, 

Planning and Technical Support Division, CARB, to Jared Blumenfeld, Regional 

Administrator, U.S. EPA Region IX, certifying calendar year 2011 ambient air 

quality data and quality assurance data, May 1, 2012.

16

 See, e.g., letter from Joseph Fish, Deputy Air Pollution Control Officer, 

Northern Sierra AQMD, to Fletcher Clover, Regional AQS Administrator, U.S. 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

20

APCD annually certifies that the data it submits for Ventura 

County to AQS are complete and quality-assured.17 Data for 

National Park Service sites, which includes the Yosemite –

Turtleback Dome site, are certified by the National Park 

Service.18

There were 16 ozone SLAMS monitoring sites operating during 

the 2004-2011 period within the seven ozone nonattainment areas 

addressed in today's action. These 16 sites monitored ozone 

concentrations on a continuous basis19 using ultraviolet 

absorption monitors. For most sites, the spatial scale and 

monitoring objectives are “regional” and “high concentrations.”

20

Consistent with the requirements contained in 40 CFR part 50, 

EPA has reviewed the complete, quality-assured, and certified 8-

hour ozone ambient air monitoring data as recorded in AQS for 

 

EPA Region IX, certifying calendar year 2011 ambient air quality data and 

quality assurance data, February 9, 2012.

17 See, e.g., letter from Michael Villegas, Air Pollution Control Officer, 

Ventura County APCD, to Jared Blumenfeld, Regional Administrator, U.S. EPA 

Region IX, certifying calendar year 2011 ambient air quality data and quality 

assurance data, April 24, 2012.

18 See, e.g., letter from John Ray, Air Resources Division Program Manager, 

National Park Service, to David Lutz, Data Certification Coordinator, U.S. 

EPA Office of Air Quality Policy and Standards, certifying calendar year 2011

ambient air quality data and quality assurance dated, April 29, 2012.

19 The Jerseydale, Sutter Buttes, and White Cloud Mountain ozone monitors 

operate only in the warmer six months of the year. These sites are at high 

elevations where access during the winter can be problematic. Ozone 

concentrations at these sites during the winter are well below the levels of 

the ambient air quality standards and are not the high sites in the 

nonattainment areas. See California Air Resources Board, Annual Network Plan 

Report 27 (2010).

20 See CARB’s Annual Network Plan Report (July, 2011) and Ventura County 

APCD’s Annual Network Plan Report (July, 2011).
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

21

the applicable monitoring period collected at the monitoring 

sites in the seven nonattainment areas. 

B. Evaluation of Attainment by Applicable Attainment Date 

and/or Current Attainment

Based on our review of the monitoring data, and taking into 

account the reliability of the ozone monitoring network in the 

relevant CA nonattainment areas and the reliability of the data 

collected by the network, EPA makes the determinations presented 

in the following paragraphs.

1. Butte County and Sutter Buttes

Table 2 shows the ozone design values for the Butte County 

and Sutter Buttes ozone nonattainment area monitors, based on 

ambient air quality monitoring data for the three-year period 

(2004-2006) prior to the applicable attainment date (June 15, 

2007) and for the most recent three-year period (2009-2011). The 

data show that the design value for the 2004-2006 period was 

equal to or less than 0.084 ppm at all of the monitors. 

Therefore, pursuant to CAA section 181(b)(2), we are determining 

that the Butte County and Sutter Buttes marginal nonattainment

areas attained the 1997 8-hour ozone NAAQS by their applicable 

attainment date of June 15, 2007, based on complete, qualityassured data for the 2004-2006 ozone seasons. In addition, the 

data show that the design value for the 2009-2011 period was 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

22

also equal to or less than 0.084 ppm at all of the monitors. 

Therefore, we are determining, based on the complete, qualityassured data for 2009-2011, that the Butte County and Sutter 

Buttes areas have attained the standard. Preliminary data 

available for 2012 indicate that the areas continue to attain 

the standard.

2. Eastern Kern and Central Mountain Counties

Table 3 shows the ozone design values for the Eastern Kern 

and Central Mountain Counties ozone nonattainment area monitors 

based on ambient air quality monitoring data for the three-year 

period (2007-2009) prior to the applicable attainment date (June 

15, 2010) and the most recent three-year period (2009-2011). The 

data show that the design value for the 2007-2009 period was 

equal to or less than 0.084 ppm at all of the monitors. 

Therefore, pursuant to section 181(b)(2), we are determining 

that the Eastern Kern and Central Mountain Counties moderate 

nonattainment areas attained the 1997 8-hour ozone NAAQS by 

their applicable attainment deadline of June 15, 2010, based on 

the complete, quality-assured data for the 2007-2009 ozone 

seasons. In addition, the data show that the design value for 

the 2009-2011 period was also equal to or less than 0.084 ppm at 

all of the monitors. Therefore, we are determining, based on the 

complete, quality-assured data for 2009-2011, that the Eastern 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

23

Kern and Central Mountain Counties areas have attained the 1997 

8-hour ozone standard. Preliminary data available for 2012 

indicate that the areas continue to attain the standard.

3. Southern Mountain Counties and Western Nevada County

Table 4 shows the fourth-highest daily maximum recorded for 

2009, the ozone design values for the Southern Mountain Counties 

and Western Nevada County nonattainment area monitors based on 

2008-2010 ambient air quality monitoring data, and the ozone 

design values for the most recent three-year period (2009-2011).

Because the Southern Mountain Counties and Western Nevada County 

are classified as "moderate" nonattainment areas, the applicable 

attainment date for both areas was set as June 15, 2010. 

However, the air quality and other factors in these areas showed 

the areas were eligible, pursuant to CAA section 181(a)(5) and 

40 CFR 51.907, for extensions of the applicable attainment date 

for these two areas from June 15, 2010 to June 15, 2011. CARB 

applied to EPA for these extensions by letters dated March 23, 

2010 and May 24, 2010 for Southern Mountain Counties and Western 

Nevada County, respectively (see also footnotes 5 and 9 in table 

1 of this direct final rule).

As noted previously, under CAA section 181(a)(5) and 40 CFR 

51.907, upon application of a State, EPA may extend for one 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

24

additional year ("extension year") the applicable attainment

date if 1) the State has complied with all requirements and

commitments pertaining to the area in the applicable State 

Implementation Plan (SIP); and 2) no more than one exceedance of 

the NAAQS has occurred in the area in the year preceding the 

extension year. No more than two one-year extensions are 

allowed. We have reviewed the requests using the criteria set 

forth at CAA section 181(a)(5) and are approving the extensions 

in today's action. The basis for our approval is set forth 

below.

First, the fourth-highest value recorded at the monitors in 

each of these areas did not exceed the NAAQS during 2009, the 

year preceding the extension year, thereby meeting one of the 

two criteria. Second, EPA interprets the requirement that the 

State is complying with the commitments and requirements in the 

applicable implementation plan, as referenced in section 

181(a)(5) of the CAA, to mean the State is implementing the EPAapproved SIP.21 EPA has determined that the State is implementing 

the requirements in the EPA-approved SIP as applicable to these

two nonattainment areas, thereby meeting the other criterion 

under section 181(a)(5). Therefore, because both criteria under 

 

21 Memorandum from D. Kent Berry, Acting Director, EPA Air Quality Management 

Division to EPA Air Directors (Feb. 3, 1994) (Procedures for Processing Bump 

Ups and Extension Requests for Marginal Ozone Nonattainment Areas), available 

at http://www.epa.gov/ttn/oarpg/t1/memoranda/o_bump.pdf.
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

25

CAA section 181(a)(5) are met in both areas, we are granting the 

one-year extensions for these two areas, and with the granting 

of one-year extensions under section 181(a)(5) for these areas, 

the applicable attainment date for the Southern Mountain 

Counties and Western Nevada County becomes June 15, 2011. With 

respect to this extended applicable attainment date, the data in 

table 4 show that the design value for the 2008-2010 period was 

equal to or less than 0.084 ppm at all of the monitors. 

Therefore, pursuant to section 181(b)(2), we are determining 

that the Southern Mountain Counties and Western Nevada County

moderate nonattainment areas attained the 1997 8-hour ozone 

NAAQS by their applicable attainment deadlines of June 15, 2011, 

based on the complete, quality-assured data for the 2008-2010 

ozone seasons. In addition, the data show that the design value 

for the 2009-2011 period was also equal to or less than 0.084 

ppm at all of the monitors. Therefore, we are also determining, 

based on the most recent three years of complete, qualityassured data for 2009-2011, that the Southern Mountain Counties 

and Western Nevada County areas have attained the standard. 

Preliminary data available for 2012 indicate that the areas 

continue to attain the standard.
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on August 

30, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

26

Table 2. 2004-2006 and 2009-2011 8-Hour Ozone Nonattainment Area Design Values (ppm) 

for the Sutter Buttes and Butte County Nonattainment Areas

Nonattainment 

Area

CARB Monitoring Site

(AQS ID #)

2004-2006 2009-2011 

APDC (%) DV APDC (%) DV

Butte County

Chico

Manzanita Avenue

(060070002)

98 0.073 99 0.066

Paradise

4405 Airport Road

(060070007)

99 0.084 99 0.077

Sutter Buttes Sutter Buttes

(061010004) 100 0.082 90 0.071

APDC: Average Percent Data Completeness; DV: Design Value

Table 3. 2007-2009 and 2009-2011 8-Hour Ozone Nonattainment Area Design Values (ppm) 

for the Central Mountain Counties and Eastern Kern Nonattainment Area

Nonattainment 

Area

CARB Monitoring Site

(Agency, AQS ID #)

2007-2009 2009-2011

APDC (%) DV APDC (%) DV

Central 

Mountain 

Counties

Jackson

Clinton Road

(060050002)

96 0.080 98 0.071

San Andreas

Gold Strike Road

(060090001)

98 0.082 98 0.077

Eastern Kern

Mojave

923 Poole Street

(060290011)

94 0.084 92 0.080
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on August 

30, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Table 4. 2008-2010 and 2009-2011 8-Hour Ozone Nonattainment Area Design Values

(ppm) and 2009 Fourth-Highest Daily Maximum (ppm) for Southern Mountain Counties

and Western Nevada County

Nonattainment 

Area

Monitoring Site

(Agency, AQS ID #)

2009 2008-2010 2009-2011

APDC (%)

FourthHighest 

Daily 

Maximum

APDC (%) DV APDC (%) DV

Western 

Nevada County

Grass Valley

Litton Building

(Northern Sierra 

AQMD, 060570005)

99 0.083 94 0.084 99 0.079

White Cloud 

Mountain

(CARB, 060570007)

99 0.077 98 0.081 98 0.076

Southern 

Mountain 

Counties

Jerseydale

644 Jerseydale

(CARB, 060430006)

94 0.077 94 0.080 91 0.076

Sonora

Barretta Street

(CARB, 061090005)

98 0.077 99 0.082 98 0.074

Yosemite

Turtleback Dome

(NPS, 060430003)

97 0.078 96 0.083 97 0.077

NPS: National Park Service
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

28

4. Ventura County

Table 5 shows the ozone design values for the Ventura 

County ozone nonattainment area monitors, based on ambient air

quality monitoring data for the most recent three-year period

(2009-2011).22 The data show that the design value for the 2009-

2011 period was equal to or less than 0.084 ppm at all of the 

monitors. Therefore, we are determining, based on the complete, 

quality-assured data for 2009-2011, that the Ventura County 

serious ozone nonattainment area has attained the 1997 8-hour 

ozone standard. Preliminary data available for 2012 indicate 

that the area continues to attain the standard.

V. EPA’s Final Actions

EPA is making three separate and independent types of 

determinations. First, pursuant to section 181(b)(2), EPA is 

determining that six 8-hour ozone nonattainment areas in 

California (Amador and Calaveras Counties, Chico, Kern County, 

Mariposa and Tuolumne Counties, Nevada County, and Sutter 

County) attained the 1997 8-hour ozone NAAQS by their respective

applicable attainment dates based on complete, quality-assured, 

and certified ambient air quality monitoring data. Second, in 

making these determinations for two of these areas, Mariposa and 

Tuolumne Counties and Nevada County, EPA is also determining 

 

22 As noted in footnote 1 in this document, Ventura County is classified as a 

"serious" nonattainment area for the 1997 8-hour ozone standard. As such, the 

applicable attainment date for Ventura County is June 15, 2013.
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

29

that these areas qualified for one-year attainment date 

extensions and granting these extensions under CAA section

181(a)(5) and 40 CFR 51.907. These extensions result in an 

applicable attainment deadline for these areas of June 15, 2011. 

As a result, EPA determines that that these two areas attained 

by their extended attainment dates. Third, EPA is separately 

determining that Amador and Calaveras Counties, Chico, Kern 

County, Mariposa and Tuolumne Counties, Nevada County, Sutter 

County, and Ventura County have each attained the 1997 8-hour 

ozone standard based on the most recent three years of complete, 

quality-assured, and certified data for 2009-2011. Preliminary 

data available for 2012 show that these areas continue to attain 

the standard. As provided in 40 CFR 51.918, these determinations

of attainment suspend the requirements for the State of 

California to submit, for each of these seven ozone 

nonattainment areas, an attainment demonstration and associated 

RACM, RFP plan, contingency measures, and any other planning 

requirements related to attainment of the 1997 8-hour ozone

NAAQS, for as long as the area continues to attain the 1997 8-

hour ozone NAAQS.
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

30

Table 5. 2009-2011 8-Hour Ozone Nonattainment Area 

Design Values (ppm) for Ventura County

Nonattainment 

Area

Ventura County APCD 

Monitoring Sites

(AQS ID #)

2009-2011

APDC (%) DV

Ventura

El Rio

Rio Mesa School #2

(061113001)

98 0.063

Ojai

Ojai Avenue

(061111004)

99 0.077

Piru

3301 Pacific Avenue

(061110009)

99 0.077

Simi Valley

Cochran Street

(061112002)

99 0.083

Thousand Oaks

Moorpark Road

(061110007)

99 0.076

We are publishing these rules without prior proposal 

because the Agency views them as noncontroversial actions and 

anticipates no adverse comments. However, in the proposed rules 

section of this Federal Register publication, EPA is publishing 

a separate document that will serve as the proposal should

adverse comments be filed. These actions will be effective 

[Federal Register: Insert date 60 days after the publication 

date], without further notice unless the EPA receives relevant 

adverse comments by [Federal Register: Insert date 30 days after 

the publication date].

If we receive such comments, then we will publish a 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

31

document withdrawing the final rule affected by the comments and 

informing the public that the rule will not take effect. All 

public comments received will then be addressed in a subsequent 

final rule based on the proposed rule. We will not institute a 

second comment period. Parties interested in commenting should 

do so at this time. If no such comments are received, the public 

is advised that this rule will be effective on [Federal 

Register: Insert date 60 days after the publication date] and no 

further action will be taken on the proposed rule.

VI. Statutory and Executive Order Reviews

These actions make determinations of attainment based on 

air quality, result in the suspension of certain federal 

requirements, grant attainment date extensions, and/or would not 

impose additional requirements beyond those imposed by state 

law. For that reason, these actions:

 Are not "significant regulatory actions” subject to review 

by the Office of Management and Budget under Executive 

Order 12866 (58 FR 51735, October 4, 1993); 

 Do not impose an information collection burden under the 

provisions of the Paperwork Reduction Act (44 U.S.C. 3501 

et seq.);

 Are certified as not having a significant economic impact 

on a substantial number of small entities under the 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

32

Regulatory Flexibility Act (5 U.S.C. 601 et seq.); 

 Do not contain any unfunded mandate or significantly or 

uniquely affect small governments, as described in the 

Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

 Do not have Federalism implications as specified in 

Executive Order 13132 (64 FR 43255, August 10, 1999);

 Are not economically significant regulatory actions based 

on health or safety risks subject to Executive Order 13045 

(62 FR 19885, April 23, 1997);

 Are not significant regulatory actions subject to Executive 

Order 13211 (66 FR 28355, May 22, 2001); 

 Are 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 CAA; and 

 Do not provide EPA with the discretionary authority to 

address disproportionate human health or environmental

effects with practical, appropriate, and legally 

permissible methods under Executive Order 12898 (59 FR 

7629, February 16, 1994).

In addition, these actions do not have Tribal implications 

as specified by Executive Order 13175 (65 FR 67249, November 9, 

2000), because the SIP obligations discussed herein do not apply 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

33

to Indian Tribes and thus will not impose substantial direct 

costs on Tribal governments or preempt Tribal law.

The Congressional Review Act, 5 U.S.C. 801 et seq., as 

added by the Small Business Regulatory Enforcement Fairness Act 

of 1996, generally provides that before a rule may take effect, 

the agency promulgating the rule must submit a rule report, 

which includes a copy of the rule, to each House of the Congress 

and to the Comptroller General of the United States. EPA will 

submit a report containing this action and other required 

information to the U.S. Senate, the U.S. House of 

Representatives, and the Comptroller General of the United 

States prior to publication of the rule in the Federal Register. 

A major rule cannot take effect until 60 days after it is 

published in the Federal Register. This action is not a “major 

rule” as defined by 5 U.S.C. 804(2).

Under section 307(b)(1) of the CAA, petitions for judicial 

review of this action must be filed in the United States Court 

of Appeals for the appropriate circuit by [Federal Register: 

Insert date 60 days after the publication date]. Filing a 

petition for reconsideration by the Administrator of this final 

rule does not affect the finality of this action for the 

purposes of judicial review nor does it extend the time within 

which a petition for judicial review may be filed, and shall not 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

34

postpone the effectiveness of such rule or action. Parties with 

objections to this direct final rule are encouraged to file a 

comment in response to the parallel notice of proposed 

rulemaking for this action published in the proposed rules 

section of today's Federal Register, rather than file an 

immediate petition for judicial review of this direct final 

rule, so that EPA can withdraw this direct final rule and 

address the comment in the proposed rulemaking. This action may 

not be challenged later in proceedings to enforce its 

requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, 

Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting 

and recordkeeping requirements, Volatile organic compounds.

_ ____ _____________________

Dated: Jared Blumenfeld

Regional Administrator,

Region IX.
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

35

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

Regulations is amended as follows:

PART 52 – [AMENDED]

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 52.282 is amended by adding paragraph (e) to read as 

follows:

§52.282 Control Strategy and regulations: Ozone.

* * * * *

(e) Determinations of Attainment: Effective [Federal Register: 

Insert date 60 days after the publication date].

(1) Approval of Applications for Extensions of Applicable 

Attainment Dates. Under section 181(a)(5) of the Clean Air Act, 

EPA is approving the applications submitted by the California 

Air Resources Board dated March 23, 2010 and May 24, 2010 for 

extensions of the applicable attainment date for the Mariposa 

and Tuolumne Counties and Nevada County 8-hour ozone 

nonattainment areas, respectively, from June 15, 2010 to June 

15, 2011. 

(2) Determinations of Attainment by the Applicable Attainment 

Date. EPA has determined that the Amador and Calaveras Counties, 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

36

Chico, Kern County, Mariposa and Tuolumne Counties, Nevada 

County, and Sutter County 8-hour ozone nonattainment areas in 

California attained the 1997 8-hour ozone national ambient air 

quality standard (NAAQS) by their applicable attainment dates.

The applicable attainment dates are as follows: Amador and 

Calaveras Counties (June 15, 2010), Chico (June 15, 2007), Kern 

County (June 15, 2010), Mariposa and Tuolumne Counties (June 15,

2011), Nevada County (June 15, 2011), and Sutter County (June

15, 2007).

(3) Determination of Attainment. EPA is determining that the

Amador and Calaveras Counties, Chico, Kern County, Mariposa and 

Tuolumne Counties, Nevada County, Sutter County and Ventura 

County 8-hour ozone nonattainment areas have attained the 1997 

8-hour ozone standard, based upon complete quality-assured data 

for 2009-2011. Under the provisions of EPA's ozone 

implementation rule (see 40 CFR 51.918), these determinations 

suspend the attainment demonstrations and associated reasonably 

available control measures, reasonable further progress plans, 

contingency measures, and other planning SIPs related to 

attainment for as long as the areas continue to attain the 1997 

8-hour ozone standard. If EPA determines, after notice-andcomment rulemaking, that any of these areas no longer meets the 

1997 ozone NAAQS, the corresponding determination of attainment 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on August 30, 2012. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

37

for that area shall be withdrawn.