[Federal Register Volume 61, Number 33 (Friday, February 16, 1996)]
[Notices]
[Pages 6241-6242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3582]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5422-3]
Air Pollution Control; Proposed Action on Clean Air Act Grant to
the Pima County, Arizona, Department of Environmental Quality
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed determination with request for comments and notice of
opportunity for public hearing.
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SUMMARY: The U.S. EPA has made a proposed determination that a
reduction in expenditures of non-Federal funds for the Pima County,
Arizona, Department of Environmental Quality (PDEQ) in Tucson, Arizona
is a result of a non-selective reduction in expenditures. This
determination, when final, will permit the PDEQ to be awarded financial
assistance for FY-96 by EPA under section 105(c) of the Clean Air Act
(CAA).
DATES: Comments and/or requests for a public hearing must be received
by EPA at the address stated below by March 18, 1996.
ADDRESSES: All comments and/or requests for a public hearing should be
mailed to: Douglas K. McDaniel, Air Grants Section (A-2-3), Air and
Toxics Division, U.S. EPA Region IX, 75 Hawthorne Street, San
Francisco, California 94105-3901; FAX (415)744-1076.
FOR FURTHER INFORMATION CONTACT: Douglas K. McDaniel, Air Grants
Section (A-2-3), Air and Toxics Division, U.S. EPA Region IX, 75
Hawthorne Street, San Francisco, California 94105-3901 at (415) 744-
1246.
SUPPLEMENTARY INFORMATION: Under the authority of Section 105 of the
CAA, EPA provides financial assistance to the PDEQ to aid in the
operation of its air pollution control programs. In FY-95, EPA awarded
the PDEQ $331,207, which represented approximately 25.4% of the PDEQ's
air pollution control program budget.
Section 105(c)(1) of the CAA, 42 U.S.C. 7405(c)(1), provides that
``[n]o agency shall receive any grant under this section during any
fiscal year when its expenditures of non-Federal funds for recurrent
expenditures for air pollution control programs will be less than its
expenditures were for such programs during the preceding fiscal year.''
EPA may still award financial assistance to an agency not meeting this
requirement, however, if EPA, ``after notice and opportunity for public
hearing, determines that a reduction in expenditures is attributable to
a non-selective reduction in the expenditures in the programs of all
Executive branch agencies of the applicable unit of Government.'' CAA
section 105(c)(2). These statutory requirements are repeated in EPA's
implementing regulations at 40 CFR 35.210(a).
In January of 1996, the PDEQ submitted to EPA final documentation
which shows that its actual FY-95 expenditures of non-Federal funds for
recurrent expenditures (or its maintenance of effort (MOE)) were
$973,959. In its FY-96 Sec. 105 grant application the PDEQ projected
MOE of $537,821. This amount represents a shortfall of $436,138 from
the MOE for the preceding fiscal year (FY-95). In order for the PDEQ to
be eligible to be awarded its FY-96 grant, EPA must make a
determination under section 105(c)(2).
In December 1995, the PDEQ submitted documentation to EPA
establishing that its reduced expenditures for FY-96 result from a loss
of permit revenue, due to changes to Pima County's air quality rules
mandated by new Arizona state law which required Arizona localities to
amend their air quality rules that were more stringent than state
rules. Rule changes adopted on November 14, 1995
[[Page 6242]]
by the Pima County Board of Supervisors included both raising permit
thresholds and lowering fee schedules to make them identical in
structure to the state program. Due to these changes, there will be a
severe decline in permit revenue in FY-96.
The PDEQ's MOE reduction resulted from a loss of fee revenues due
to circumstances beyond its control. EPA proposes to determine that the
PDEQ's lower FY-96 MOE level meets the section 105(c)(2) criteria as
resulting from a non-selective reduction of expenditures. Pursuant to
40 CFR section 35.210, this determination will allow the PDEQ to be
awarded Sec. 105 grant funds for FY-96.
This notice constitutes a request for public comment and an
opportunity for public hearing as required by the Clean Air Act. All
written comments received by March 18, 1996 on this proposal will be
considered. EPA will conduct a public hearing on this proposal only if
a written request for such is received by EPA at the address above by
March 18, 1996.
If no written request for a hearing is received, EPA will proceed
to a final determination. While notice of the final determination will
not be published in the Federal Register, a copy of the determination
can be obtained by sending a written request to Douglas McDaniel at the
above address.
Dated: February 3, 1996.
David P. Howekamp,
Director, Air and Toxics Division, U.S. EPA, Region 9.
[FR Doc. 96-3582 Filed 2-15-96; 8:45 am]
BILLING CODE 6560-50-P
