95-22058. Air Pollution Control; Proposed Action on Clean Air Act Grant to the Santa Barbara Air Pollution Control District

[Federal Register Volume 60, Number 172 (Wednesday, September 6, 1995)]
[Notices]
[Pages 46276-46277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22058]



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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5292-5]


Air Pollution Control; Proposed Action on Clean Air Act Grant 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 that a 
reduction in expenditures of non-Federal funds for the Santa Barbara 
Air Pollution Control District (SBAPCD) in Goleta, California is a 
result of a non-selective reduction in expenditures. This 
determination, 

[[Page 46277]]
when final, will permit the SBAPCD to keep the financial assistance 
awarded to it for FY-94 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 October 6, 1995.

ADDRESSES: All comments and/or requests for a public hearing should be 
mailed to: Laurie Amaro, Air Grants Section (A-2-3), Air and Toxics 
Division, U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, 
California 94105-3901; FAX [phone].

FOR FURTHER INFORMATION CONTACT: Laurie Amaro, Air Grants Section (A-2-
3), Air and Toxics Division, U.S. EPA Region IX, 75 Hawthorne Street, 
San Francisco, California 94105-3901 at [phone].

SUPPLEMENTARY INFORMATION: Under the authority of Section 105 of the 
CAA, EPA provides financial assistance to the SBAPCD, whose 
jurisdiction includes Santa Barbara County in California, to aid in the 
operation of its air pollution control programs. In FY-94, EPA awarded 
the SBAPCD $459,086, which represented approximately 10% of the 
SBAPCD'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-94 section 105 application, which EPA reviewed in early 
1994, the SBAPCD projected expenditures of non-Federal funds for 
recurrent expenditures (or its maintenance of effort (MOE)) of 
$4,221,583. This MOE would have been sufficient to meet the MOE 
requirements of the CAA. In January of 1995, however, the SBAPCD 
submitted to EPA documentation which shows that its actual FY-94 MOE 
was $3,450,870. This amount represents a shortfall of $736,219 from the 
MOE of $4,187,089 for the preceding fiscal year (FY-93). In order for 
the SBAPCD to be eligible to keep its FY-94 grant, EPA must make a 
determination under section 105(c)(2).
    In FY-94, the SBAPCD was an operating department within the County 
of Santa Barbara under the direction of the County Board of 
Supervisors. The Board of Supervisors, during the fiscal years of 91/
92, 92/93 and 93/94, issued policies directing county-wide budget cuts. 
These budget cuts were necessary as a result of declining economic 
conditions which caused the business community to curtail operations, 
resulting in a decline of county revenues from sources such as permit 
fees and taxes. The SBAPCD submitted documentation to EPA which shows 
that over the last three years county-wide budget cuts became severe 
enough in 93/94 that SBAPCD instituted a number of cost cutting 
measures including: eliminating a position, freezing all hiring, and 
instituting new programs to reduce costs such as permit streamlining 
and computer-assisted permit processing.
    The SBAPCD's MOE reductions resulted from a loss of county 
revenues, including permit fees, due to circumstances beyond its 
control. The budget cuts instituted by the Board of Supervisors, 
affected all county agencies equally. EPA proposes to determine that 
the SBAPCD's lower FY-94 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 keep the 
funds received from EPA for FY-94.
    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 October 6, 1995 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 
October 6, 1995. If no written request for a hearing is received, EPA 
will proceed to a final determination.

    Dated: August 18, 1995.
David P. Howekamp,
Acting Regional Administrator.
[FR Doc. 95-22058 Filed 9-5-95; 8:45 am]
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