[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Notices]
[Page 35586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17377]
[[Page 35586]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6117-8]
Air Pollution Control; Proposed Actions on Clean Air Act Grants
to the Santa Barbara Air Pollution Control District
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 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 keep the financial
assistance awarded to it by EPA for FY-98 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 July 30, 1998.
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-97 EPA
awarded the SBAPCD $328,732, which represented approximately 8% of the
District's budget. In FY-98, EPA awarded the SBAPCD $307,000, which
represented approximately 7.6% 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 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-98 Sec. 105 application, which EPA reviewed in the fall
of 1997, the SBAPCD projected expenditures of non-Federal funds for
recurrent expenditures (or its maintenance of effort (MOE)) of
$3,678,150. This MOE at the time of the grant award was sufficient to
meet the requirements of the CAA because it was higher than the
projected FY97 MOE of $3,570,793. Based on this information, EPA
awarded SBAPCD its FY98 grant in December, 1997. In January of 1998,
SBAPCD submitted an actual FY97 MOE of $3,701,408. This resulted in the
projected FY98 MOE level of $3,678,150 not being sufficient to meet the
MOE requirements of the CAA because it is lower than the actual FY-97
MOE, with a shortfall of $23,258 between the MOE for FY-97 and FY98. In
order for the District to be eligible to keep its FY98 grant and to
receive the additional EPA funding which has become available to SBAPCD
for FY98, EPA must make a determination under Section 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 since FY97 air permit
fee revenues decreased because of declining economic conditions which
caused the business community to curtail operations, resulting in fewer
permits issued and fees collected. 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 12.25 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-98 MOE level meets the Sec. 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 keep the funds received
from EPA for FY-98.
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 July 30, 1998 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
July 30, 1998.
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: June 17, 1998.
David P. Howekamp,
Director, Air Division, Region 9.
[FR Doc. 98-17377 Filed 6-29-98; 8:45 am]
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