[Federal Register Volume 64, Number 88 (Friday, May 7, 1999)]
[Notices]
[Pages 24647-24648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11563]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6337-7]
Air Pollution Control; Proposed Action on Clean Air Act Grant to
the Santa Barbara County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; 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 under section
105(c) of the Clean Air Act (CAA) that a reduction in expenditures of
non-Federal funds for the Santa Barbara County Air Pollution Control
District (SBAPCD, or ``District'') in Santa Barbara, California is the
result of a non-selective reduction in expenditures. This
determination, when final, will permit the SBAPCD to be awarded
financial assistance for FY-99 by EPA, under section 105(c) of the CAA.
DATES: Comments and/or requests for a public hearing must be received
by EPA at the address stated below by June 7, 1999.
ADDRESSES: All comments and/or requests for a public hearing should be
mailed to: Sara Bartholomew, Grants and Program Integration Office
(AIR-8), Air Division, U.S. EPA Region 9, 75 Hawthorne Street, San
Francisco, California 94105-3901; FAX (415) 744-1076.
FOR FURTHER INFORMATION CONTACT: Sara Bartholomew, Grants and Program
Integration Office (AIR-8), Air Division, U.S. EPA Region 9, 75
Hawthorne Street, San Francisco, California 94105-3901 at (415) 744-
1250.
SUPPLEMENTARY INFORMATION: Under the authority of section 105 of the
CAA, EPA provides financial assistance (grants) to the SBAPCD to aid in
the operation of its air pollution control programs. In FY-98, EPA
awarded the SBAPCD $422,000, which represented approximately 10% of the
District's 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
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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. In order for [EPA]
to award grants under this section in a timely manner each fiscal year,
[EPA] shall compare an agency's prospective expenditure level to that
of its second preceding 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 its FY-99 section 105 application, SBAPCD projected expenditures
of non-Federal funds for recurrent expenditures (or its maintenance of
effort (MOE)) of $3,285,988. This amount represents a shortfall of
$133,552 from the actual FY-98 MOE of $3,419,540. In order for the
District to be eligible to be awarded its FY-99 grant, EPA must make a
determination under Sec. 105(c)(2).
The SBAPCD is a single-purpose agency whose primary source of
funding is permit fee revenue. Fees associated with permits issued by
the SBAPCD go directly to the district to fund its operations. It is
the ``unit of Government'' for section 105(c)(2) purposes. The SBAPCD
submitted documentation to EPA which shows that air permit fee revenues
have continued to decrease due to emission reductions from permitted
sources and a decline in oil and gas activity. As a result, the
SBAPCD's overall budget and its MOE decreased. The SBAPCD also
submitted documentation to EPA which shows that the District lost 12.75
staff positions since FY97. These reductions in fees and staff have
been non-selective in that all programs within SBAPCD have been
impacted.
In summary, the SBAPCD's MOE reductions resulted from budget cuts
stemming from a loss of fee revenues due to circumstances beyond the
District's control. EPA proposes to determine that the SBAPCD's lower
FY-99 MOE level meets the section 105(c)(2) criteria as resulting from
a non-selective reduction of expenditures. Pursuant to 40 CFR 35.210,
this determination will allow the SBAPCD to be awarded financial
assistance for FY-99.
This document constitutes a request for public comment and an
opportunity for public hearing as required by the Clean Air Act. All
written comments received by June 7, 1999 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
June 7, 1999.
If no written request for a hearing is received, EPA will proceed
to the final determination. While notice of the final determination
will not be published in the Federal Register, copies of the
determination can be obtained by sending a written request to Sara
Bartholomew at the above address.
Dated: April 23, 1999.
David P. Howekamp,
Director, Air Division, Region 9.
[FR Doc. 99-11563 Filed 5-6-99; 8:45 am]
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