[Federal Register Volume 77, Number 202 (Thursday, October 18, 2012)]
[Rules and Regulations]
[Pages 64036-64039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25547]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0372; FRL-9741-8]


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.

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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, and that excludes certain exceedances as caused by ozone 
exceptional events.

[[Page 64037]]

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 November 19, 2012.

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 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, [email protected].

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 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.
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    \1\ EPA proposed that the area continued in attainment based on 
complete, quality-assured data for 2010.
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    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:
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    \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.

    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 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 
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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\
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    \3\ Preliminary data on the California Air Resources Board 
(CARB) Web site 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.

              Table 1--1-Hour Ozone Data for the Sacramento Metro 1-Hour Ozone Nonattainment Area a
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                                                       Expected exceedances by year       Expected exceedances
                                                   ------------------------------------     3[dash]yr average
                 Site (monitor ID)                    2008                             -------------------------
                                                      \b\      2009     2010     2011    2008-2010    2009-2011
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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
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)..............................  \b\ 2.0      0.0      0.0      0.0          0.7          0.0
Sacramento-Airport Road \c\ (06-067-0013).........      0.0       NA       NA       NA           NA           NA

[[Page 64038]]

 
Sacramento-Goldenland 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
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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 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.
    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.
    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 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.
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    \4\ This includes EPA's determination with respect to the 2008 
exceedances caused by wildfire exceptional events.
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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.);
     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);

[[Page 64039]]

     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 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 December 17, 2012. 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

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Volatile organic compounds.

    Dated: October 3, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.282 is amended by adding paragraph (f) to read as 
follows:


Sec.  52.282  Control strategy and regulations: Ozone.

* * * * *
    (f) Determination of attainment. EPA has determined that, as of 
November 19, 2012, 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.

[FR Doc. 2012-25547 Filed 10-17-12; 8:45 am]
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