Sacramento Regional 

8-Hour Ozone Attainment And 

Reasonable Further Progress Plan And 

Environmental Impact Report 

Public Comments and Staff Responses at the Public Hearing 

February 6, 2009 
Public Comments and Staff Responses at the Public Hearing 

Sacramento Regional 8-Hour Ozone Attainment and Reasonable Further Progress Plan and Environmental Impact Report 

Page 2 of 12 February 6, 2009

PUBLIC COMMENTS 

Public Hearing Comments (Sacramento, Jan 22, 2009) 

Comment 1: Bill Mueller, CEO of Valley Vision, Managing Partner for Cleaner Air Partnership

 The SIP is imperative and necessary for both our health and economic well being. 

The Cleaner Air Partnership at the conceptual level is very supportive of the SIP, 

while there is a concern over the uniformity of the rules in the Sacramento 

Nonattainment Area. Some rules and control measures are being required to be 

adopted in some jurisdictions within the nonattainment area but not every jurisdiction. 

For a level playing field for the business community but also for the general benefit of 

public health, this needs to be addressed. For example, an asphalt rule is being 

applied in Sacramento County but not in the Yolo-Solano air district. We would like to 

see common ground in both areas. Also, an auto-refinishing rule is being applied in 

Sacramento County but not in El Dorado County. We would like to see a common set 

of rules, so that the region should have as much air quality benefits as possible and 

also an even playing field for the business community operating here. In general, we 

support the work by District staff in putting together a really collaborative process that 

has engaged the public. 

Response: Several Board members responded on the need to address rule uniformity across the 

region and agreed that it was better for business to have a level playing field to 

prevent an unfair competitive advantage and to protect economic interest in the 

Sacramento region. The Board later concurred that an appropriate and reasonable 

action would be to provide direction to the APCO to communicate this concern to the 

other air districts in the Sacramento region. 

With respect to the potential lack of uniformity with Yolo-Solano AQMD’s control of 

asphalt plants, the Yolo-Solano AQMD was contacted after the public hearing. YoloSolano AQMD’s permit conditions specify that these sources use low-NOx burners 

and flue gas recirculation. At the time this rule was analyzed as a potential control 

measure, the Yolo-Solano AQMD analysis showed that adopting a rule would net 

very minimal reductions, because it wouldn't be requiring the sources to do anything 

they're not doing now. This analysis was part of the required demonstration to 

provide for the implementation of all reasonably available control measures (RACM) 

as expeditiously as practicable for the Sacramento ozone nonattainment area. The 

RACM demonstration was discussed in Chapter 7 and Appendix H of the 8-Hour 

Ozone Plan. Once an asphalt concrete rule is adopted by the SMAQMD and 

PCAPCD, the Yolo-Solano AQMD will evaluate whether adopting an equivalent rule 

will net additional emission reductions, as part of the state requirements for adopting 

all feasible measures. 

Mr. Mueller’s comments regarding the potential inequity of the automotive refinishing 

rule in the El Dorado County AQMD are noted, and these concerns have been 

communicated to the El Dorado County AQMD. With respect to the measure’s air 
Public Comments and Staff Responses at the Public Hearing 

Sacramento Regional 8-Hour Ozone Attainment and Reasonable Further Progress Plan and Environmental Impact Report 

Page 3 of 12 February 6, 2009

quality benefits, the El Dorado County AQMD analysis of reasonably available control 

measures determined that the more stringent automotive refinishing requirements 

would provide minimal VOC emission reductions, and therefore did not recommend 

this measure for SIP adoption. These reductions were also included in the RACM 

evaluation. 

Comment 2: Sue Teranishi, Breathe California, Co-Chair of Policy Committee

 Breathe California of Sacramento Emigrant Trails strongly supports adoption of the 

proposed SIP. The causal relationship between air pollution and lung and heart 

disease is clear. Breathe California has conducted seven studies specific to the 

Sacramento region identifying the heath effects of air pollution. The health issues are 

serious. The proposed SIP will ensure that the region will reduce emissions at the 

required minimum rate of 3% per year and meet the new 8-hour ozone standards by 

2018. The result will be improved public health for all and particularly for the tens of 

thousands of children who suffer from asthma in the community. Although the region 

has made progress in reducing air pollution, the region will not attain the new healthbased standards without new controls. The SIP also outlines new strategies including 

indirect source rules and tree mitigation strategies, which Breathe California strongly 

supports. 

Response: Comment noted.

Comment 3: Rick Bettis, Volunteer representing both League of Women Voters of 

Sacramento County and Sacramento County Sierra Club

 Both League of Women Voters of Sacramento County and Sacramento County 

Sierra Club strongly agree that the Board support and pass the Plan and urge them 

to do so. Mr. Bettis commended air district staff for a thorough and professional job in 

their outreach to all aspects of the community, including the business community. Mr. 

Bettis agreed with the previous speakers on the benefits of this Plan. Some of the 

measures that reduce vehicle miles traveled (VMT) and overall emissions will also 

have a secondary benefit of reducing particulate matter and greenhouse gases. They 

are critical issues that we have to face up to very shortly. 

Response: Comment noted.

Comment 4: Christal Waters, Member of Policy Advisory Committee of Breathe California 

and a bicyclist

 Ms. Waters was thankful for the improvements in air quality to date. An increase in 

Spare The Air days is a discouragement to anybody who wants to get out and bicycle, 

for exercise, to work or do errands. By reducing the number of Spare The Air days, it 

removes an impediment and encourages people to use their bicycles for everyday 

activities. Ms. Waters urged the Board to pass the Sacramento Regional 8-Hour 

Ozone Attainment Plan. In addition to health benefits from the Plan, federal rules 
Public Comments and Staff Responses at the Public Hearing 

Sacramento Regional 8-Hour Ozone Attainment and Reasonable Further Progress Plan and Environmental Impact Report 

Page 4 of 12 February 6, 2009

require the Plan include reasonable further progress toward attainment in order to 

obtain federal funding for infrastructure. This includes funding for Complete Streets, 

Safe Streets, and Safe Routes to Schools, which we really support. The new federal 

administration has indicated its intent to heavily invest in infrastructure to pull the 

nation out of its economic doldrums. It is hoped that the passage of this Plan will help 

speed that public investment. Because the Plan has been developed in agreement 

with the Sacramento Blueprint, the State and the region stand ready to receive 

whatever additional federal funding might be coming its way. 

Response: Comment noted.

Comment 5: Jim Howard, Volunteer with American Lung Association of California

 The American Lung Association of California strongly supports the adoption of the 

Plan. Mr. Howard highlighted the inclusion of the Indirect Source Rule in this SIP 

which not only addresses the health concerns but also makes the Sacramento area 

an attractive and livable place. 

Response: Comment noted.

Comment 6: Lauren Navarro, Environmental Defense Fund

 Environmental Defense Fund (EDF) strongly supports the Board’s adoption of the 

SIP and Transportation Control Measures (TCM). The air districts’ analysis of 

feasible measures to include in the Plan has been comprehensive and thorough. The 

combination of the control measures the air districts selected are cost effective and 

will achieve the needed reduction for the region to meet the federal clean air 

requirements and protect public health. EDF highlighted the proposed construction 

mitigation rule and ISR. ISR has proven to be a successful and feasible control 

measure in other parts of the state. In particular, the inclusion of the ISR will help 

promote the growing local and statewide demand to develop projects that are transit 

accessible and support walkable communities that are close to jobs and services, 

while supporting a healthy environment. EDF encourages the Board to vote for the 

SIP and TCMs as well as the inclusion of the ISR control measure in this SIP. 

Response: Comment noted.

Comment 7: Jason Crow, Senior Planner of Sacramento Area Council of Governments 

(SACOG)

 SACOG supports the adoption of the SIP documents. The SIP is especially important 

since all of the SACOG transportation plans and programs adopted for the region 

must demonstrate conformity. Without the SIP budgets, SACOG cannot demonstrate 

conformity and the region will enter into a conformity lapse. Basically, the conformity 

lapse means federal transportation dollars will be cut off and federal agencies cannot 

approve environmental documents. The potential impacts of not acting would be 

huge and SACOG feels that the timing is critical. SACOG anticipates the federal 
Public Comments and Staff Responses at the Public Hearing 

Sacramento Regional 8-Hour Ozone Attainment and Reasonable Further Progress Plan and Environmental Impact Report 

Page 5 of 12 February 6, 2009

approval of the economic stimulus package and reauthorization of the federal 

transportation bill within this next year. The region does not want to jeopardize these 

two opportunities for funding and improving the region’s transportation infrastructure. 

SACOG understands the important role of emissions coming from the transportation 

sector and SACOG has taken that into account in developing the region’s 

transportation plan. This SIP is important to meet the clean air goals for the region as 

well as implementing the region’s transportation plan and program. 

Response: Comment noted.

Comment 8: John Allison, Environmental Council of Sacramento, Co-Chair of the 

Transportation, Air Quality and Climate Change Committee of ECOS

 ECOS supports the adoption of the Plan and also wants to acknowledge the air 

district staff for a progressive and responsible Plan. ECOS especially supports the 

ISR and Construction Mitigation Rule which will help make our friends from the 

development community partners in the improvement of air quality in the region. 

ECOS is currently working with the Building Industry Association to get more money 

for public transit and promote infill and transit-oriented development. In 2009, ECOS 

Board President is Dr. Alex Kelter, a retired public health doctor. So, the health 

aspect of environmentalism, particularly air quality, is very important to ECOS this 

year. This Plan is a big part of this. It is also consistent with Blueprint. Everyone 

throughout the state is looking at the Sacramento region to see how the 

implementation of SB375 is going to occur because it is modeled after the 

Sacramento Blueprint. The Plan is an important part of it. ECOS wants to mention 

that modifying air quality standards in the name of economic recovery is shortsighted. 

It is a quick fix. Everyone has to breathe. I was at one environmental law convention 

a couple of years ago and a mayor of a small Southern California town came up and 

started by saying “I‘m not a tree hugger, I’m an air hugger.” Everyone has to breathe 

the same air. So, ECOS supports all elements of the Plan and urges the Board to 

adopt it. 

Response: Comment noted.

Comment 9: Becky Wood, Environmental Manager with Teichert and Member of Sacramento 

Metro Chamber of Commerce

 Ms. Wood expressed concern that a new asphalt plant control measure proposed in 

the SIP was being planned for adoption everywhere but Yolo County. Yolo County 

has five asphalt plants. It is unconscionable that the five asphalt plants in Yolo 

County are allowed to not lower their emissions when the rest of the region will have 

to update their asphalt plants. Ms. Wood was also concerned that the proposed 

automotive refinishing control measure would be adopted everywhere in the 

Sacramento region except El Dorado County. The Mercedes dealership in El Dorado 

Hills will not have to experience the same costs of doing business as the auto 

dealerships in Folsom, because the same rules will not apply in that situation. She 
Public Comments and Staff Responses at the Public Hearing 

Sacramento Regional 8-Hour Ozone Attainment and Reasonable Further Progress Plan and Environmental Impact Report 

Page 6 of 12 February 6, 2009

encouraged the Sacramento District to reach out to the other air districts and 

encourage them to all adopt similar rules as part of the SIP to ensure that an even 

hand gets applied across the region. Finally, with regard to the proposed Indirect 

Source Rule for Construction, Ms. Wood commented on how the way things are 

being applied haphazardly on the CEQA documents right now. What was applied 

before is not being applied now, which leads to again a rather uneven playing field. 

To have a rule out there that everyone is doing the same thing at the same time will 

actually make life much easier from the construction side. So, there shouldn’t be a 

problem with what’s being proposed for the Indirect Source Rule for Construction. 

Response: See Response to Comment 1. 

Comment 10: Anne Geraghty, Executive Director of Walk Sacramento

 Walk Sacramento was very pleased with the recognition of the good transportation 

measures particularly Complete Streets and Safe Routes to Schools. In fact that in 

the area of Complete Streets, the Sacramento region is considered a national leader 

because of all that is going on. It is an important recognition. We almost take it for 

granted but this is a good sign. Walk Sacramento supports this Plan, and this is one 

of the best plans the region has come up with in terms of air quality, particularly in 

transportation. Please adopt. 

Response: Comment noted.

Comment 11: Joshua Wood, Sacramento Builders Exchange

 The Sacramento Builders Exchange informed the Board that they haven’t had any 

outreach on this issue and really haven’t been included in the process. They feel it is 

important to be involved in this process. They requested that the Board defer the SIP 

adoption until the next meeting. Mr. Wood said that they have no problem with 

anything he’s seen with just a cursory review, but his members are the ones that 

should have a chance to look at the Plan. 

Response: The public input process on SIP control measures started over two years ago. This 

Plan has been a topic of broad conversation in this forum, at SACOG, and a number 

of other venues, including the Cleaner Air Partnership. 

The building industry was identified as somebody who should have a say on this, and 

the APCO and the Program Coordination Division Manager have already been to the 

Building Industry Association (BIA) on several occasions to present this Plan and the 

proposed Indirect Source Rules and continue to have dialogue with them. There were 

3,500 mailings and 2,000 e-mails. The Sacramento Builders Exchange, and probably 

a number of its members, were on the mailing list. In addition, on August 5, 2008, the 

Sacramento Builders Exchange was mailed an invitation to a special meeting to 

discuss the ISR rules, but did not attend. 
Public Comments and Staff Responses at the Public Hearing 

Sacramento Regional 8-Hour Ozone Attainment and Reasonable Further Progress Plan and Environmental Impact Report 

Page 7 of 12 February 6, 2009

Delaying action on this plan would delay approval of the transportation budgets. The 

SACOG Board anticipates using the new approved budgets on updates to its 

transportation plan in June 2009 

The Board directed the air district staff to make sure the Sacramento Builders 

Exchange is on SMAQMD’s communication list for outreach. The Board also 

requested the APCO to work with Mr. Wood to give a presentation to the members of 

the Sacramento Builders Exchange, so that they are being informed on the SIP and 

the air quality planning and transportation conformity process. The meetings have 

been scheduled for February 10, 2009 with Mr. Wood, Political Director, and the 

general membership in April 2009. 
Attachment a 

Public Comments On December 19, 2008 Plan. 

Note: No new issues raised. No responses prepared. 
Public Comments and Staff Responses at the Public Hearing 

Sacramento Regional 8-Hour Ozone Attainment and Reasonable Further Progress Plan and Environmental Impact Report 

Page 9 of 12 February 6, 2009
Public Comments and Staff Responses at the Public Hearing 

Sacramento Regional 8-Hour Ozone Attainment and Reasonable Further Progress Plan and Environmental Impact Report 

Page 10 of 12 February 6, 2009
Public Comments and Staff Responses at the Public Hearing 

Sacramento Regional 8-Hour Ozone Attainment and Reasonable Further Progress Plan and Environmental Impact Report 

Page 11 of 12 February 6, 2009
Public Comments and Staff Responses at the Public Hearing 

Sacramento Regional 8-Hour Ozone Attainment and Reasonable Further Progress Plan and Environmental Impact Report 

Page 12 of 12 February 6, 2009