63332 Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Rules and Regulations 

PLUS loan counseling offered by the 

Secretary. 

(B) For purposes of this paragraph (c), 

an adverse credit history means that the 

parent— 

(1) Has one or more debts with a total 

combined outstanding balance greater 

than $2,085, as may be adjusted by the 

Secretary in accordance with paragraphs 

(c)(2)(viii)(C) and (D) of this section, that 

are 90 or more days delinquent as of the 

date of the credit report, or that have 

been placed in collection or charged off, 

as defined in paragraph (c)(1) of this 

section, during the two years preceding 

the date of the credit report; or 

(2) Has been the subject of a default 

determination, bankruptcy discharge, 

foreclosure, repossession, tax lien, wage 

garnishment, or write-off of a debt under 

title IV of the Act during the five years 

preceding the date of the credit report. 

(C) The Secretary increases the 

amount specified in paragraph 

(c)(2)(viii)(B)(1) of this section, or its 

inflation-adjusted equivalent, when the 

Secretary determines that an inflation 

adjustment to that amount would result 

in an increase of $100 or more. 

(D) In making the inflation adjustment 

described in paragraph (c)(2)(viii)(C) of 

this section, the Secretary: 

(1) Uses the annual average percent 

change of the All Items Consumer Price 

Index for All Urban Consumers (CPI–U), 

before seasonal adjustment, as the 

measurement of inflation; and 

(2) If the adjustment calculated under 

paragraph (c)(2)(viii)(D)(1) of this 

section is equal to or greater than $100, 

adding the adjustment to $2,085 

threshold amount, or its inflationadjusted equivalent, and rounding up to 

the nearest $5. 

(E) The Secretary will publish a notice 

in the Federal Register announcing any 

increase to the amount specified in 

paragraph (c)(2)(viii)(B)(1) of this 

section. 

(F) For purposes of this paragraph (c), 

the Secretary does not consider the 

absence of a credit history as an adverse 

credit history and does not deny a 

Direct PLUS loan on that basis. 

(G) For purposes of this paragraph (c), 

the Secretary may determine that 

extenuating circumstances exist based 

on documentation that may include, but 

is not limited to— 

(1) An updated credit report for the 

parent; or 

(2) A statement from the creditor that 

the parent has repaid or made 

satisfactory arrangements to repay a 

debt that was considered in determining 

that the parent has an adverse credit 

history. 

(3) For purposes of paragraph (c)(2) of 

this section, a ‘‘parent’’ includes the 

individuals described in the definition 

of ‘‘parent’’ in 34 CFR 668.2 and the 

spouse of a parent who remarried, if that 

spouse’s income and assets would have 

been taken into account when 

calculating a dependent student’s 

expected family contribution. 

* * * * * 

[FR Doc. 2014–25266 Filed 10–22–14; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0542; FRL–9917–77– 

Region 9] 

Approval of Air Quality Implementation 

Plans; California; Imperial County; 

Ozone Precursor Emissions 

Inventories 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

California’s State Implementation Plan 

(SIP) for Imperial County that address 

Clean Air Act (CAA) requirements 

concerning ozone precursor emissions 

inventories of volatile organic 

compounds and oxides of nitrogen. 

These emissions inventories were 

submitted by California to meet CAA 

requirements for Imperial County, 

which was designated as a moderate 

nonattainment areas under the 1997 

8-hour ozone National Ambient Air 

Quality Standard. 

DATES: This action will be effective on 

December 22, 2014, without further 

notice, unless EPA receives adverse 

comments by November 24, 2014. If we 

receive such comments, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that this 

rule will not take effect and that we will 

respond to submitted comments and 

take subsequent final action. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0542, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: wamsley.jerry@epa.gov. 

3. Mail or delivery: Jerry Wamsley, Air 

Division (AIR–2), U.S. Environmental 

Protection Agency—Region 9, 75 

Hawthorne Street, San Francisco, CA 

94105. 

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 that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

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 email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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. 

Docket: 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 in 

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 

below. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Wamsley, Air Division, U.S. 

Environmental Protection Agency— 

Region 9, (415) 947–4111, or via email: 

wamsley.jerry@epa.gov. 

SUPPLEMENTARY INFORMATION: For the 

purpose of this document, we are giving 

meaning to certain words or 

abbreviations described here. The words 

or abbreviation ‘‘the Act’’ or ‘‘CAA’’ 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

The terms ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer 

to the United States Environmental 

Protection Agency. 

Table of Contents 

I. Background 

II. California’s Submittal 

III. Today’s Action 

A. Ozone Precursors Emissions Inventories 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background 

Ground-level ozone is formed when 

oxides of nitrogen (NOX) and volatile 

organic compounds (VOC) react in the 

presence of sunlight. Referred to as 


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Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Rules and Regulations 63333 

1See ‘‘Fact Sheet, Proposal To Revise the 

National Ambient Air Quality Standards for 

Ozone,’’ January 6, 2010 and 75 FR 2938, January 

19, 2010. 

2EPA published the proposed rule concerning 

implementation of the 8-hour 2008 ozone NAAQS 

on June 6, 2013, (78 FR 34178). The public 

comment period on this implementation rule closed 

on August 5, 2013. EPA is reviewing comments and 

intends to publish a final rule in the near future. 

3For further discussion of our clean data 

determination and application of our Clean Data 

Policy, see our proposed rule at 74 FR 48495, 

(September 23, 2009). 

4See letter from Lynn Terry (for James 

Goldstene), California Air Resources Board to Jared 

Blumenfeld, EPA-Region 9, dated December 21, 

2010, included in the docket for this rulemaking. 

5See the Imperial County Board of Supervisor’s 

‘‘Minute Order of the Air Pollution Control Board’’, 

Number 15, dated July 13, 2010, and California Air 

Resources Board, Resolution 10–35, dated 

November 18, 2010, included in the docket for this 

rulemaking. 

6 If we do not determine a submittal to be 

complete within 6 months of its submittal, it is 

deemed to be complete by operation of law. See 40 

CFR part 51, appendix V for the completeness 

criteria applied to SIP submittals. 

7 2002 is the designated base year for SIP 

planning purposes under the 1997 8-hour ozone 

NAAQS. See Memorandum of November 18, 2002, 

from Lydia Wegman and Peter Tsirigotis, ‘‘2002 

Base Year Emission Inventory SIP Planning: 8-hour 

Ozone, PM2.5 and Regional Haze Programs’’ and 70 

FR 71612, (November 29, 2005), EPA’s Phase II 

implementation rule for the 1997 8-hour ozone 

NAAQS. 

8The California Air Resources Board (CARB) uses 

the term reactive organic gases (ROG) for planning 

and inventory purposes and uses it synonymously 

with its own definition of ‘‘volatile organic 

compound’’ for regulatory purposes. 

ozone precursor compounds, these two 

pollutants are emitted by many types of 

pollution sources, including on- and offroad motor vehicles and engines, power 

plants and industrial facilities, and areawide sources, such as consumer 

products and lawn and garden 

equipment. Scientific evidence 

indicates that adverse public health 

effects occur following a person’s 

exposure to ozone, particularly children 

and adults with lung disease. Breathing 

air containing ozone can reduce lung 

function and inflame airways, which 

can increase respiratory symptoms and 

aggravate asthma or other lung 

diseases.1 As a consequence of this 

scientific evidence, we promulgated the 

0.12 part per million (ppm) 1-hour 

ozone National Ambient Air Quality 

Standard (NAAQS) in 1979 (44 FR 8202, 

February 8, 1979). 

On July 18, 1997, EPA promulgated a 

revised ozone NAAQS of 0.08 ppm, 

averaged over eight hours (62 FR 

38855). This standard was determined 

to be more protective of public health 

and more stringent than the previous 

1979 1-hour ozone standard. On April 

30, 2004, we designated areas as 

attaining or not attaining the 1997 8- 

hour ozone NAAQS and classified 

Imperial County as a marginal nonattainment area with an applicable 

attainment date of June 15, 2007 (69 FR 

23858). On February 13, 2008, EPA 

found that Imperial County failed to 

attain the 1997 8-hour ozone standard 

by this June 15, 2007 deadline (73 FR 

8209). Consequently, Imperial County 

was reclassified by operation of law as 

a moderate ozone non-attainment area 

with a new attainment date of as 

expeditiously as practicable, but no later 

than June 15, 2010. 

Subsequently, EPA revised the 8-hour 

ozone NAAQS from 0.08 to 0.075 ppm 

(73 FR 16436, March 27, 2008). We 

finalized designations for the 2008 8- 

hour ozone standard on May 21, 2012 

(77 FR 30088). Imperial County was 

designated marginal for the more 

stringent 8-hour ozone standard. In a 

separate and future rulemaking, EPA 

will finalize the requirements that must 

be implemented as part of meeting the 

2008 8-hour ozone standard.2 In this 

action today, however, we are 

addressing requirements related to the 

1997 8-hour ozone NAAQS only. 

On December 3, 2009, EPA published 

our determination that Imperial County 

had met the 1997 8-hour ozone NAAQS 

based on certified ambient air 

monitoring data for the 2006–2008 

monitoring period (74 FR 63309).3

Pursuant to 40 CFR 51.918 and this 

clean data determination, EPA 

suspended the requirements for 

Imperial County and California to 

submit the following air quality plan 

elements: An attainment demonstration, 

reasonably available control measures, a 

reasonable further progress plan, and 

contingency measures. These 

requirements remain suspended for so 

long as Imperial County continues to 

attain the 1997 8-hour ozone NAAQS. 

Under CAA section 172(c)(3), Imperial 

County is required to submit emissions 

inventories for VOC and NOX. These 

ozone precursor emissions inventories 

are the subject of today’s action. 

II. California’s Submittal 

On December 21, 2010, California 

submitted Imperial County’s ‘‘Final 

2009 1997 8-hour Ozone Modified Air 

Quality Management Plan’’ (2009 Ozone 

AQMP) to EPA for incorporation into 

the SIP.4 Imperial County adopted the 

2009 Ozone AQMP on July 13, 2010 and 

the California Air Resources Board 

(CARB) adopted the plan on November 

18, 2010.5 The Imperial County and 

CARB adoptions were each preceded by 

a 30-day public comment period, 

therefore, the State has met the 

requirement for adequate public notice. 

As explained earlier, the elements of 

California’s 2009 Ozone AQMP that we 

are acting on today consist of 2002 base 

year VOC and NOX emissions 

inventories. These emissions 

inventories and the 2009 Ozone AQMP 

as a whole were complete by operation 

of law on June 21, 2011.6

III. Today’s Action 

EPA is approving the 2002 VOC and 

NOX emissions inventories elements of 

the 2009 Ozone AQMP that California 

submitted to address moderate 

nonattainment area requirements for 

Imperial County under the 1997 8-hour 

ozone NAAQS. Our rationale and basis 

for this action is discussed below. 

A. Ozone Precursors Emissions 

Inventories 

A comprehensive, accurate and 

current inventory of actual emissions 

from all sources of the relevant 

pollutant or pollutants is required by 

CAA sections 172(c)(3). Imperial 

County’s 2009 Ozone AQMP includes 

complete VOC and NOX emissions 

inventories for the base year of 2002.7

Emissions from different source types 

vary by season, time of day, or day of 

the week. The months from May 

through October are known as the 

‘‘summer planning inventory’’ and are 

the months when ozone formation is 

pronounced and exceedances of ozone 

air quality standards are most likely to 

occur. Consequently, California used the 

summer planning emissions inventory 

for the 2009 Ozone AQMP to provide a 

worst case representation and a daily 

emissions inventory in tons per day 

(tpd). This summer planning inventory 

includes data for the pollutants reactive 

organic gas (ROG) and NOX, the two 

primary precursors in the formation of 

ground-level ozone pollution.8 We have 

summarized Imperial County’s 2002 

base year emissions inventories for 

ozone precursors in Table 1. 


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63334 Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Rules and Regulations 

9On January 18, 2008, EPA approved and 

announced the availability of EMFAC 2007 Motor 

Vehicle Emission Factor Model for use in SIP 

development in the State of California (73 FR 3464). 

10The OFFROAD2007 model is now replaced by 

category specific methods and inventory models 

developed for specific regulatory support projects. 

11Further information on California’s official 

mobile source inventory models, as well as links to 

the mobile source emissions databases, can be 

obtained from http://www.arb.ca.gov/msei/ 

msei.htm. 12See 73 FR 24594, (May 5, 2008). 

TABLE 1—IMPERIAL COUNTY, CALIFORNIA: 2002 EMISSIONS INVENTORIES FOR REACTIVE ORGANIC GAS (ROG) AND

OXIDES OF NITROGEN (NOX) BY MAJOR SOURCE CATEGORY

[Tons per day] 

Source category ROG Percent of 

total NOX Percent of 

total 

Stationary Sources: 

Fuel combustion ....................................................................................... 0.12 0.32 3.57 9.54 

Waste Disposal ......................................................................................... 0.02 0.05 0.00 0.00 

Cleaning and Surface Coatings ............................................................... 0.42 1.13 0.00 0.00 

Petroleum Pro. and Marketing .................................................................. 0.65 1.74 0.00 0.00 

Industrial Processes ................................................................................. 0.07 0.19 0.03 0.08 

Subtotals ............................................................................................ 1.28 3.43 3.60 9.62 

Area-Wide Sources: 

Solvent Evaporation ................................................................................. 9.01 24.14 0.00 0.00 

Miscellaneous Processes ......................................................................... 11.81 31.65 0.92 2.46 

Subtotals ............................................................................................ 20.82 55.79 0.92 2.46 

Mobile Sources: 

On-Road ................................................................................................... 8.77 23.50 20.21 53.99 

Off-Road Vehicles .................................................................................... 6.45 17.28 12.70 33.93 

Subtotals ............................................................................................ 15.22 40.78 32.91 87.92 

Totals for Imperial County .......................................................... 37.32 100.00 37.43 100.00 

Source: 2009 Ozone AQMP, Table 4–1, Page 26. 

California develops a complete 

emissions inventory every year and 

assembles and maintains this inventory 

in the California Emission Inventory 

Development and Reporting System 

(CEIDARS) and the California Emission 

Forecasting System (CEFS). All 

reportable sources are categorized as 

either stationary, area-wide, or mobile. 

Stationary sources of air pollution 

include sources such as power plants, 

refineries, and manufacturing facilities 

and are facilities that are typically 

required by California to acquire and 

maintain a permit to operate. These 

sources directly report their emissions 

to California, which in-turn uses this 

data to compile a complete emissions 

inventory for air pollution control 

districts, such as Imperial County. 

Area-wide sources of emissions are 

those where the emissions are spread 

throughout the nonattainment area, 

such as consumer products and farming 

operations. California uses a variety of 

methods to estimate emissions for 

approximately 500 area-wide emission 

sources. A complete compilation of 

these methodologies can be obtained 

from http://www.arb.ca.gov/ei/areasrc/ 

index0.htm. 

Mobile source emissions are further 

divided into on-road sources and offroad sources. On-road sources include 

passenger cars, school buses, and trucks. 

Off-road sources include construction 

equipment, garden equipment, boats, 

and outdoor recreational vehicles. 

California is continually updating and 

improving its official model to estimate 

emissions from mobile sources. 

Although California released its 

EMFAC2011 model, the State used its 

EMFAC2007 model to develop the 2002 

base year emissions for on-road 

sources.9 At the time of the 

development of this 2002 emissions 

inventory for ROG and NOX, 

EMFAC2007 was the latest EPA 

approved mobile source emissions 

model. California used its 

OFFROAD2007 model to develop 

emissions from off-road sources for the 

2002 base year emissions inventory.10 11

We have evaluated Imperial County’s 

base year 2002 emissions inventory 

shown in Table 1 by verifying this 

inventory for consistency with past and 

current emissions inventories and spotchecking the accuracy of the emissions 

inventory from raw data and accepted 

emissions factors and estimation 

methods. We find the 2002 base-year 

inventory to be a comprehensive and 

accurate representation of actual 

emissions and approve it as meeting the 

requirements of the CAA and EPA 

guidance. 

The on-road motor vehicle emission 

inventories for VOC and NOX that we 

are approving today do not change our 

previous actions concerning the motor 

vehicle emissions budgets used for 

determining the conformity of federallyfunded transportation plans, programs, 

and projects in Imperial County, per 

section 176(c) of the CAA. In May 2008, 

we found the 2009 motor vehicle 

emissions budgets within the ‘‘Imperial 

County 8-hour Ozone Early Progress 

Plan’’ to be adequate for the purpose of 

determining transportation conformity: 

7 tons per day of VOC; and 17 tons per 

day of NOX.12 State transportation and 

metropolitan planning agencies should 

continue to use these motor vehicle 

emissions budgets for determining the 

conformity of federally funded 

transportation plans, programs and 

projects within the Imperial County 

ozone non-attainment area. 

IV. Final Action 

EPA is approving the 2002 VOC and 

NOX emissions inventories within 

Chapter 4 of Imperial County’s 2009 

Ozone AQMP. EPA is approving these 

emissions inventories because they meet 

the requirements of the CAA and EPA 

guidance. 


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Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Rules and Regulations 63335 

V. Statutory and Executive Order 

Reviews 

This action approves a SIP revision 

that meets certain emissions inventories 

requirements for the 1997 8-hour ozone 

standard. This action would 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); 

• 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 CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this approval of an 

emissions inventories SIP revision for 

the Imperial County non-attainment 

area of California 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, 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 CAA, petitions 

for judicial review of this action must be 

filed in the United States Court of 

Appeals for the appropriate circuit by 

December 22, 2014. Filing a petition for 

reconsideration by the Administrator of 

this final rule do not affect the finality 

of these actions 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. 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) of the CAA.) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Ozone, Volatile 

organic compounds, Reporting and 

recordkeeping requirements. 

Dated: September 24, 2014. 

Jared Blumenfeld, 

Regional Administrator, EPA Region 9. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 52.220 is amended by 

adding paragraph (c)(445) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(445) A plan revision submitted on 

December 21, 2010 by the Governor’s 

Designee. 

(i) [Reserved] 

(ii) Additional materials. 

(A) State of California Air Resources 

Board. 

(1) California Air Resources Board 

Resolution No. 10–35, adopted 

November 18, 2010. 

(B) Imperial County Air Pollution 

Control District. 

(1) Imperial County Air Pollution 

Control Board, Minute Order No. 15, 

adopted July 13, 2010. 

(2) Chapter 4—Emission Inventory, in 

‘‘Imperial County 2009 1997 8-Hour 

Ozone Modified Air Quality 

Management Plan’’, adopted on July 13, 

2010. 

[FR Doc. 2014–24753 Filed 10–22–14; 8:45 am] 

BILLING CODE 6560–50–P 


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