[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Notices]
[Page 339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-84]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7607-2]


Air Pollution Control; Proposed Administrative Action on Clean 
Air Act Grant to the Puerto Rico Environmental Quality Board

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed administrative action to revoke grant with request for 
comments and notice of opportunity for public hearing.

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SUMMARY: Section 105(c)(1) of the Clean Air Act (CAA), 42 U.S.C. 
7405(c)(1), provides that ``[n]o [air pollution control] 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 [maintenance of effort or MOE level] will be 
less than its expenditures were for such programs during the preceding 
fiscal year.'' Although the Puerto Rico Environmental Quality Board 
(PREQB) has successfully completed its Fiscal Year 2002 air pollution 
control program, PREQB is unable to demonstrate that it has satisfied 
the statutory maintenance of effort requirement for its Fiscal Year 
2002 Clean Air Act section 105 grant. Since PREQB did not satisfy the 
statutory requirement for the maintenance of effort for Fiscal Year 
2002, EPA intends to revoke PREQB's Fiscal Year 2002 Clean Air Act 
section 105 grant. Pursuant to section 105(e) of the CAA, the EPA is 
providing prior notice of its intent to revoke PREQB's Fiscal Year 2002 
Clean Air Act section 105 grant. The proposed administrative action 
does not otherwise impact the air pollution control program already 
carried out by PREQB during Fiscal Year 2002, which ended on September 
30, 2002. When the proposed action is final, PREQB will be eligible to 
receive future CAA Section 105 grants to support its air pollution 
control program.

DATES: Comments and/or requests for a public hearing must be received 
by EPA at the address stated below by February 4, 2004.

ADDRESSES: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Carl-Axel Soderberg, Director, 
Caribbean Environmental Protection Division, United States 
Environmental Protection Agency--Region 2, Centro Europa Building, 1492 
Ponce de Leon Avenue, Suite 417, Santurce, Puerto Rico 00907-4127. 
Electronic comments could be sent either to [email protected] or 
to http://www.regulations.gov, which is an alternative method for 
submitting electronic comments to EPA. Go directly to http://www.regulations.gov, then select ``Environmental Protection Agency'' at 
the top of the page and use the ``go'' button. Please follow the on-
line instructions for submitting comments.

FOR FURTHER INFORMATION CONTACT: Carl-Axel Soderberg, Director, 
Caribbean Environmental Protection Division, United States 
Environmental Protection Agency--Region 2, Centro Europa Building, 1492 
Ponce de Leon Avenue, Suite 417, Santurce, Puerto Rico 00907-4127, 
Telephone: (787) 977-5814, Email Address: [email protected] FAX: 
(787) 289-7982.

SUPPLEMENTARY INFORMATION: The EPA's implementing regulations at 40 CFR 
35.146(a) reiterate the CAA section 105(c)(1) MOE requirement.
    This notice constitutes a request for public comment and an 
opportunity for public hearing as required by the Clean Air Act and 
EPA's implementing regulations at 40 CFR 35.148(b). All written 
comments received by February 4, 2004 on this proposal will be 
considered. EPA will conduct a public hearing on this proposal if EPA 
finds, on the basis of written requests for a public hearing, that the 
issues raised are substantial or a significant degree of public 
interest in this proposal has been expressed; written requests for a 
hearing must be received by EPA at the address above by February 4, 
2004.
    If no written request for a hearing is received or if EPA 
determines that the issues raised are insubstantial or no significant 
degree of public interest in this proposed action has been expressed, 
EPA will proceed to the final action on this grant.

    Dated: December 24, 2003.
Kathleen Callahan,
Acting Regional Administrator, Region 2.
[FR Doc. 04-84 Filed 1-2-04; 8:45 am]
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