[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 (415)744-1076.
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 (415) 744-1247.
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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