Air Pollution Control; Proposed Action on Clean Air Act Grant to the Santa Barbara Air Pollution Control District

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,

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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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