The EPA Regional Administrator, Jared Blumenfeld, signed the following final 

rule on October 3, 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 rule, it is not the official version of the rule 

for purposes of compliance. Please refer to the official version in a 

forthcoming FR publication, which will appear on the Government Printing 

Office's FDsys website (http://fdsys.gpo.gov/fdsys/search/home.action) and on 

Regulations.gov (http://www.regulations.gov) in Docket No. EPA-R09-OAR-2011-

0372. 

6560-50

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0372; FRL-]

Determination of Attainment of the 1-Hour Ozone National Ambient 

Air Quality Standards in the Sacramento Metro Nonattainment Area 

in California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule

SUMMARY: EPA is determining that the Sacramento Metro 1-hour 

ozone nonattainment area (Sacramento Metro Area) has attained 

the revoked National Ambient Air Quality Standard (1-hour ozone 

NAAQS or standard), and to exclude certain 2008 data caused by

wildfire exceptional events. These air quality determinations 

were proposed in conjunction with a proposed determination to 

terminate the State of California’s obligations regarding 1-hour 

ozone section 185 fee program SIP provisions for the Sacramento 

Metro Area. In this notice, EPA is finalizing only that portion 

of its notice of proposed rulemaking that determines that the 

Sacramento Metro Area has attained the 1-hour ozone standard, 
2

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 10/03/12. We have taken steps to ensure 

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

and that excludes certain exceedances as caused by ozone 

exceptional events. These air quality determinations were 

addressed separately in the proposed rulemaking and are 

severable from the other issues that relate to termination of 

section 185 1-hour ozone requirements. EPA is not at this time 

taking final action on other aspects of our notice of proposed 

rulemaking that address termination of 1-hour ozone section 185 

fee requirements. EPA intends to address any other issues 

relating to Sacramento Metro Area 1-hour ozone section 185 

requirements, and their termination, in a separate future 

rulemaking.

DATES: This rule will be effective on [Insert date 30 days from 

the date of publication in the Federal Register].

ADDRESSES: EPA has established docket number EPA-R09-OAR-2011-

0372 for this action. Generally, documents in the docket for 

this action are available electronically at

http://www.regulations.gov or in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some information may be publicly 

available only at the hard copy location (e.g., copyrighted 

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

available in either location (e.g., confidential business 
3

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 10/03/12. We have taken steps to ensure 

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

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

schedule an appointment during normal business hours with the 

contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: John J. Kelly, EPA Region IX, 

(415) 947-4151, kelly.johnj@epa.gov. 

SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us” 

and “our” refer to EPA.

Table of Contents 

I. EPA’s Proposed Action

II. Public Comments 

III. EPA Action

IV. Statutory and Executive Order Reviews

I. EPA’s Proposed Action

On May 18, 2011 (76 FR 28696), EPA proposed to determine 

that the Sacramento Metro Area attained the 1-hour ozone 

standard in 2009 based on complete, quality-assured and 

certified ambient air quality monitoring data for the 2007-2009 

monitoring period, excluding exceedances of the 1-hour ozone 

standard that occurred due to wildfire exceptional events in 

2008.1 In making its proposed determination, EPA proposed to 

exclude from use certain air quality monitoring data for 2008,

because they meet the criteria for ozone exceptional events that 

 

1 EPA proposed that the area continued in attainment based on complete, 

quality-assured data for 2010.
4

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 10/03/12. We have taken steps to ensure 

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

are caused by wildfires. These air quality determinations were 

addressed separately in the proposal and are severable from the 

other issues and criteria in the May 18, 2011 notice of proposed 

rulemaking that relate to termination of section 185 1-hour 

ozone requirements.

EPA further proposed to determine that the State of 

California is no longer required to submit or implement section 

185 fee program State Implementation Plan (SIP) provisions for 

the Sacramento Metro Area to satisfy anti-backsliding 

requirements for the revoked 1-hour ozone national ambient air 

quality standard (1-hour ozone NAAQS or standard).2 EPA’s 

proposal to terminate the section 185 fee requirements for the 

area identified certain criteria -– (1) whether the area 

attained and (2) that any such attainment was due to permanent 

and enforceable emissions reductions -- on which to base 

termination, and addressed each of these separately. With 

respect to the criterion of attainment of the 1-hour standard,

in a section titled, “1-Hour Ozone Attainment” EPA stated:

EPA proposes to determine that the Sacramento Metro Area 

has attained the 1-hour ozone standard; that is, the number 

of expected exceedances at any site in the nonattainment 

 

2 On the same day that EPA’s proposal was published in the Federal Register, 

EPA published a separate interim final determination “to defer CAA section 

179 sanctions associated with the Sacramento Metro Area’s 1-hour Ozone CAA 

section 185 obligation based on our concurrent proposal to approve a CAA 

section 185 termination determination which would remove the obligation of 

the state to submit a section 185 SIP when finalized.” May 18, 2011, 76 FR 

28661.
5

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 10/03/12. We have taken steps to ensure 

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

area is not greater than one per year. [internal citation 

deleted] This proposed determination is based on three 

years of complete, quality-assured and certified ambient 

air quality monitoring data in AQS showing attainment of 

the 1-hour ozone standard for the 2007-2009 monitoring 

period, and complete, quality-assured data in AQS for 2008-

2010 that show continued attainment. As explained below, in 

determining the area's attainment of the 1-hour ozone 

standard, EPA is also proposing to exclude from 

consideration exceedances that occurred on three days in 

2008, because they are due to wildfire exceptional events. 

May 18, 2011, 76 FR 28700.

The May 18, 2011 proposal presented monitoring data for the 

Sacramento Metro Area for 2007-2009, along with EPA’s 

explication that showed the area attained the 1-hour ozone 

NAAQS, and continued to attain through 2010. Table 1 shows that 

the Sacramento Metro Area has continued to attain the 1-hour 

ozone NAAQS since that time, based on complete, quality-assured 

and certified data for 2008-2010, 2009-2011 and preliminary data 

available for 2010-2012.

3

Table 1 – 1-Hour Ozone Data for the Sacramento Metro 1-Hour 

Ozone Nonattainment Area a

Site (Monitor 

ID)

Expected Exceedances 

by Year

Expected 

Exceedances

3-yr average

2008b 2009 2010 2011 2008-2010 2009-2011

Placerville 

(06-017-0010)

2.0 0.0 0.0 0.0 0.7 0.0

Echo Summit 

(06-017-0012)

0.0 0.0 0.0 0.0 0.0 0.0

 

3 Preliminary data on the California Air Resources Board (CARB) website show a 

single exceedance (0.128 ppm) of the 1-hour ozone NAAQS on August 13, 2012 at 

the Sloughhouse Road monitoring site. Since there were no exceedances at this 

site in 2010 or 2011, this one exceedances in 2012 would not by itself 

constitute a violation of the 1-hour ozone NAAQS for the period 2010-2012.
6

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 10/03/12. We have taken steps to ensure 

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

Cool (06-017-

0020)

2.0 0.0 0.0 0.0 0.7 0.0

Auburn (06-061-

0002)

0.0 0.0 0.0 0.0 0.0 0.0

Colfax (06-061-

0004)

0.0 0.0 0.0 0.0 0.0 0.0

Roseville (06-

061-0006)

2.0 0.0 0.0 0.0 0.7 0.0

North Highlands 

(06-067-0002)

0.0 0.0 0.0 0.0 0.0 0.0

Sacramento-Del 

Paso Manor 

(06-067-0006)

0.0 0.0 0.0 0.0 0.0 0.0

Sacramento-T 

Street

(06-067-0010)

0.0 0.0 0.0 0.0 0.0 0.0

Elk Grove (06-

067-0011)

0.0 0.0 0.0 0.0 0.0 0.0

Folsom (06-067-

0012)

2.0b 0.0 0.0 0.0 0.7 0.0

SacramentoAirport Road c

(06-067-0013)

0.0 NA NA NA NA NA

SacramentoGoldenland 

Court 

(06-067-0014)

0.0 0.0 0.0 0.0 0.0 0.0

Sloughhouse Rd. 

(06-067-5003)

3.0 0.0 0.0 0.0 1.0 0.0

Vacaville (06-

095-3003)

0.0 0.0 0.0 0.0 0.0 0.0

Davis (06-113-

0004)

0.0 0.0 0.0 0.0 0.0 0.0

Woodland (06-

113-1003)

0.0 0.0 0.0 0.0 0.0 0.0

Source: Quicklook Report, August 20, 2012 (in the docket to 

this action).

a 40 CFR part 50, Appendix H—Interpretation of the 1-Hour Primary 

and Secondary National Ambient Air Quality Standards for Ozone.

b Data shown exclude exceedances on June 23, June 27 and July 10, 

2008 due to exceptional events.

c The Airport Road site was relocated to the Goldenland Court 

site in August 2008.

NA – Data are not available.

Two other issues in the May 18, 2011 notice were addressed 

separately: (1) whether, separate from determining whether the 
7

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 10/03/12. We have taken steps to ensure 

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

area attained the standard based on monitored air quality data,

EPA could determine that such attainment was due to permanent 

and enforceable emissions reductions; and (2) whether EPA’s

proposed determinations regarding attainment and permanent and 

enforceable emissions reductions could support termination of 

the area’s 1-hour ozone section 185 anti-backsliding 

requirements.

II. Public Comments

EPA’s proposed action provided a 30-day public comment 

period. During this period, the following parties submitted 

comments:

1. Paul Cort, Earthjustice, submitted on behalf of Natural 

Resources Defense Council (NRDC); letter dated June 16, 

2011.

2. Tim Shesteck, American Chemistry Council (ACC); letter 

dated June 17, 2011.

3. Zachary L. Craft, Baker Botts, LLP; letter dated June 17, 

2011.

4. Catherine H. Reheis-Boyd, Western States Petroleum 

Association (WSPA); letter dated June 17, 2011.

5. Leslie Sue Ritts, The National Environmental Development 

Association’s Clean Air Project (NEDA-CAP); letter dated 

June 18, 2011.
8

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 10/03/12. We have taken steps to ensure 

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

No adverse comments were directed at EPA’s proposal to 

determine, based on complete, quality-assured air quality data, 

that the Sacramento Metro Area has attained the 1-hour ozone 

standard. Similarly, no adverse comments were directed at EPA’s 

proposal to exclude certain monitored exceedances in 2008 as due 

to exceptional events.

NRDC submitted adverse comments relating to EPA’s proposal 

to terminate 1-hour ozone section 185 requirements for the area, 

and set forth NRDC’s contentions regarding additional criteria

and legal bases for termination. No comments disputed EPA’s 

proposed determination that the area has attained the 1-hour 

ozone standard. No adverse comments address the component of 

EPA’s notice of proposed rulemaking that is the sole subject of 

today’s final action – EPA’s determination that the area has 

attained the 1-hour ozone standard based on monitored air 

quality since 2009, including the determination to exclude 

certain monitored exceedances in 2008 as due to exceptional 

wildfire events.

As noted above, EPA intends to address in separate 

rulemaking the subject of NRDC’s comments – EPA’s proposed

termination of the Sacramento Metro 1-hour ozone section 185 

requirements, and criteria for termination other than monitored 

attainment.
9

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 10/03/12. We have taken steps to ensure 

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

EPA is acting today to finalize only that portion of the 

proposal that determines, based on air quality monitoring data, 

that the area has attained the 1-hour ozone standard, including 

determining that three exceedances in 2008 are excluded from 

consideration because they were caused by exceptional wildfire

events. This notice is not intended to address, and does not 

finalize, any other portion of EPA’s proposal related to 

termination of 1-hour ozone section 185 anti-backsliding 

requirements in the Sacramento Metro Area. As set forth above, 

EPA intends to address these issues in separate, future 

rulemaking.

III. EPA Action

EPA is determining that the Sacramento Metro 1-hour ozone 

nonattainment area has attained the 1-hour ozone NAAQS based on 

complete, quality-assured, and certified ambient air quality 

monitoring data. Since 2009, and continuing through 2010 and 

2011, complete, quality-assured and certified air quality data 

show continuous attainment. Preliminary data available for 2012

are consistent with continued attainment. EPA is also finalizing 

its determination to exclude from use, in determining the area 

has attained the 1-hour ozone standard, certain air quality 

monitoring data for 2008, because they meet the criteria for 

ozone exceptional events that are caused by wildfires. These air 
10

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 10/03/12. We have taken steps to ensure 

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

quality determinations were addressed separately and are 

severable from the other issues and criteria in the May 18, 2011 

notice of proposed rulemaking that relate to termination of 

section 185 1-hour ozone requirements.

Apart from EPA’s determination of attainment based on air 

quality,

4 EPA is not in this notice taking final action on any 

other aspects of its proposed determination to terminate the 1-

hour ozone section 185 fee program requirements for the 

Sacramento Metro Area.

IV. Statutory and Executive Order Reviews

This action makes a determination based on air quality data

and does not impose additional requirements beyond those imposed 

by State law. For that reason, this action:

• is not a “significant regulatory action” subject to review 

by the Office of Management and Budget under Executive 

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

• does not impose an information collection burden under the 

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

et seq.);

• is certified as not having a significant economic impact on 

a substantial number of small entities under the Regulatory 

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

 

4 This includes EPA’s determination with respect to the 2008 exceedances 

caused by wildfire exceptional events.
11

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 10/03/12. We have taken steps to ensure 

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

• does not contain any unfunded mandate or significantly or 

uniquely affect small governments, as described in the 

Unfunded Mandates Reform Act of 1995 (Public Law 104-4);

• does not have Federalism implications as specified in 

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

• is not an economically significant regulatory action based 

on health or safety risks subject to Executive Order 13045 

(62 FR 19885, April 23, 1997);

• is not a significant regulatory action subject to Executive 

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

• is not subject to requirements of Section 12(d) of the 

National Technology Transfer and Advancement Act of 1995 

(15 U.S.C. 272 note) because application of those 

requirements would be inconsistent with the Clean Air Act; 

and

• does not provide EPA with the discretionary authority to 

address 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, this rule does not have tribal implications as 

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

2000), because the SIP is not approved to apply in Indian 
12

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 10/03/12. We have taken steps to ensure 

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

country located in the State, and EPA notes that it 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 Clean Air Act, petitions for 

judicial review of this action must be filed in the United 

States Court of Appeals for the appropriate circuit by [FEDERAL 

REGISTER OFFICE: insert date 60 days from date of publication of 

this document in the Federal Register]. 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 
13

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 10/03/12. We have taken steps to ensure 

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

review nor does it extend the time within which a petition for 

judicial review may be filed, and shall not postpone the 

effectiveness of such rule or action. 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, 

Incorporation by reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Volatile organic compounds.

10/03/12 //signed//

________________ ______________________

Dated: Jared Blumenfeld,

Regional Administrator,

Region IX.
14

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 10/03/12. We have taken steps to ensure 

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

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 (f) to read as 

follows:

§52.282 Control Strategy and regulations: Ozone.

* * * * *

(f) Determination of Attainment. EPA has determined that, as of 

[Federal Register: Insert date 30 days after the publication 

date], the Sacramento Metro 1-hour ozone nonattainment area has 

attained the 1-hour ozone standard, based upon complete, 

quality-assured and certified ambient air quality monitoring 

data for 2007-2009.