The EPA Regional Administrator, Jared Blumenfeld signed the following final 

rule on December 18, 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 final rule, it is not the official version of 

the final rule. 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-2012-0782, http://www.regulations.gov

Billing Code: 6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0782; FRL– ]

Determination of Attainment for the San Francisco Bay Area

Nonattainment Area for the 2006 Fine Particle Standard; 

California; Determination Regarding Applicability of Clean Air 

Act Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule. 

SUMMARY: EPA is taking final action to determine that the San 

Francisco Bay Area nonattainment area in California has attained 

the 2006 24-hour fine particle (PM2.5) National Ambient Air 

Quality Standard (NAAQS). This determination is based upon 

complete, quality-assured, and certified ambient air monitoring 

data showing that this area has monitored attainment of the 2006 

24-hour PM2.5 NAAQS based on the 2009–2011 monitoring period.

Based on the above determination, the requirements for this area 

to submit an attainment demonstration, together with reasonably 

available control measures (RACM), a reasonable further progress 

(RFP) plan, and contingency measures for failure to meet RFP and 

attainment deadlines are suspended for so long as the area 

continues to attain the 2006 24-hour PM2.5 NAAQS.
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on December 18, 2012. We have taken steps to 

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

2

EFFECTIVE DATE: This rule is effective on [Insert date 30 days 

from date of publication].

ADDRESSES: EPA has established docket number EPA-R09-OAR-2012-

0782 for this action. Generally, documents in the docket for 

this action are 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 at 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

publicly available in either location (e.g., Confidential 

Business Information). 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, (415) 972-3963, 

or by email at ungvarsky.john@epa.gov. 

SUPPLEMENTARY INFORMATION: Throughout this document, wherever 

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

Table of Contents

I. Summary of Proposed Action

II. Public Comments and EPA Responses

III. EPA’s Final Action
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on December 18, 2012. We have taken steps to 

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

3

IV. Statutory and Executive Order Reviews

I. Summary of Proposed Action

On October 29, 2012 (77 FR 65521), EPA proposed to 

determine that the San Francisco Bay Area nonattainment area1 has 

attained the 2006 24-hour NAAQS2 for fine particles (generally 

referring to particles less than or equal to 2.5 micrometers in 

diameter, PM2.5).

In our proposed rule, we explained how EPA makes an 

attainment determination for the 2006 24-hour PM2.5 NAAQS by 

reference to complete, quality-assured data gathered at State 

and Local Air Monitoring Stations (SLAMS) and entered into EPA’s 

Air Quality System (AQS) database and by reference to 40 CFR 

50.13 (“National primary and secondary ambient air quality 

standards for PM2.5”) and appendix N to [40 CFR] part 50 

(“Interpretation of the National Ambient Air Quality Standards 

for PM2.5”). EPA proposed the determination of attainment for the 

San Francisco Bay Area based upon a review of the monitoring 

network operated by the Bay Area Air Quality Management District 

(BAAQMD) and the data collected at the 10 monitoring sites 

operating during the most recent complete three-year period 

(i.e., 2009 to 2011). Based on this review, EPA found that 

 

1 The San Francisco Bay Area PM2.5 nonattainment area includes southern Sonoma, 

Napa, Marin, Contra Costa, San Francisco, Alameda, San Mateo, Santa Clara and 

the western part of Solano counties.

2 The 2006 24-hour PM2.5 NAAQS is 35 micrograms per cubic meter (μg/m3), based 

on a 3-year average of the 98th percentile of 24-hour concentrations.
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on December 18, 2012. We have taken steps to 

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

4

complete, quality-assured and certified data for the San 

Francisco Bay Area showed that the 24-hour design value for the 

2009-2011 period was equal to or less than 35 μ/m3 at all of the 

monitor sites. See the data summary table on page 65523 of the 

October 29, 2012 proposed rule. We also noted that preliminary 

data available in AQS for 2012 indicates that the San Francisco 

Bay Area continues to attain the NAAQS. 

In our proposed rule, based on the proposed determination 

of attainment, we also proposed to apply EPA’s Clean Data Policy 

to the 2006 PM2.5 NAAQS and thereby suspend the requirements for 

this area to submit an attainment demonstration, associated 

reasonably available control measures (RACM), a reasonable 

further progress (RFP) plan, and contingency measures for so 

long as the area continues to attain the 2006 24-hour PM2.5

NAAQS. See pages 65524-65525 of our October 29, 2012 proposed 

rule. In proposing to apply the Clean Data Policy to the 2006 

PM2.5 NAAQS, we explained how we are applying the same statutory 

interpretation with respect to the implications of clean data 

determinations that the Agency has long applied in regulations 

for the 1997 8-hour ozone and PM2.5 NAAQS and in individual 

rulemakings for the 1-hour ozone, PM10 and lead NAAQS.

Please see the October 29, 2012 proposed rule for more 

detailed information concerning the PM2.5 NAAQS, designations of 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on December 18, 2012. We have taken steps to 

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

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PM2.5 nonattainment areas, the regulatory basis for determining 

attainment of the NAAQS, BAAQMD’s PM2.5 monitoring network, EPA’s 

review and evaluation of the data, and the rationale and 

implications for application of the Clean Data Policy to the 

2006 PM2.5 NAAQS. 

II. Public Comments and EPA Responses

EPA's proposed rule provided a 30-day public comment 

period. During this period, we received no comments.

III. EPA’s Final Action

For the reasons provided in the proposed rule and 

summarized herein, EPA is taking final action to determine that 

the San Francisco Bay Area nonattainment area in California has

attained the 2006 24-hour PM2.5 NAAQS based on the most recent 

three years of complete, quality-assured, and certified data in 

AQS for 2009-2011. Preliminary data available in AQS for 2012

show that this area continues to attain the standard.

EPA is also taking final action, based on the above 

determination of attainment, to suspend the requirements for the 

San Francisco Bay Area nonattainment area to submit an 

attainment demonstration and associated RACM, a RFP plan, 

contingency measures, and any other planning SIPs related to 

attainment of the 2006 PM2.5 NAAQS for so long as the area 

continues to attain the 2006 PM2.5 NAAQS. EPA's final action is 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on December 18, 2012. We have taken steps to 

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

6

consistent and in keeping with its long-held interpretation of 

CAA requirements, as well as with EPA's regulations for similar 

determinations for ozone (see 40 CFR 51.918) and the 1997 fine 

particulate matter standards (see 40 CFR 51.1004(c)).

Today’s final action does not constitute a redesignation of 

the San Francisco Bay Area nonattainment area to attainment for 

the 2006 24-hour PM2.5 NAAQS under CAA section 107(d)(3) because 

we have not yet approved a maintenance plan for the San 

Francisco Bay Area nonattainment area as meeting the 

requirements of section 175A of the CAA or determined that the 

area has met the other CAA requirements for redesignation. The 

classification and designation status in 40 CFR part 81 remain 

nonattainment for this area until such time as EPA determines 

that California has met the CAA requirements for redesignating 

the San Francisco Bay Area nonattainment area to attainment.

If the San Francisco Bay Area nonattainment area continues

to monitor attainment of the 2006 PM2.5 NAAQS, the requirements 

for the area to submit an attainment demonstration and 

associated RACM, a RFP plan, contingency measures, and any other 

planning requirements related to attainment of the 2006 PM2.5

NAAQS will remain suspended. If after today’s action EPA 

subsequently determines, after notice-and-comment rulemaking in 

the Federal Register, that the area has violated the 2006 PM2.5
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on December 18, 2012. We have taken steps to 

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

7

NAAQS, the basis for the suspension of the attainment planning 

requirements for the area would no longer exist, and the area 

would thereafter have to address such requirements. 

IV. Statutory and Executive Order Reviews

This final action makes a determination of attainment based 

on air quality and suspends certain federal requirements, and

thus, this action would not impose additional requirements 

beyond those imposed by state law. For this reason, the final 

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.); 

 Does 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); 

 Does not have Federalism implications as specified in 

Executive Order 13132 (64 FR 43255, August 10, 1999); 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on December 18, 2012. We have taken steps to 

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

8

 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 CAA; 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 final action does 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 to Indian Tribes, and thus this action 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, 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on December 18, 2012. We have taken steps to 

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

9

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 [Insert date 60 days 

from date of publication]. 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 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
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on December 18, 2012. We have taken steps to 

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

10

Environmental protection, Air pollution control, 

Incorporation by reference, Particulate matter, Nitrogen oxides, 

Sulfur oxides, Reporting and recordkeeping requirements.

_ _________________ ______________________

Dated: Jared Blumenfeld

Regional Administrator,

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

Administrator Jared Blumenfeld on December 18, 2012. We have taken steps to 

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

11

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 52.247 is added to read as follows: 

§52.247 Control Strategy and regulations: Fine Particle Matter.

(a) Determination of Attainment: Effective [Insert date 30 days 

from date of publication], EPA has determined that, based on 

2009 to 2011 ambient air quality data, the San Francisco Bay 

Area PM2.5 nonattainment area has attained the 2006 24-hour PM2.5

NAAQS. This determination suspends the requirements for this 

area to submit an attainment demonstration, associated 

reasonably available control measures, a reasonable further 

progress plan, contingency measures, and other planning SIPs 

related to attainment for as long as this area continues to 

attain the 2006 24-hour PM2.5 NAAQS. If EPA determines, after 

notice-and-comment rulemaking, that this area no longer meets 

the 2006 PM2.5 NAAQS, the corresponding determination of 

attainment for that area shall be withdrawn.