[Federal Register Volume 78, Number 161 (Tuesday, August 20, 2013)]
[Notices]
[Pages 51184-51186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20156]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-R10-OAR-2013-0441, FRL-9900-16-Region 10 ]
Air Pollution Control: Proposed Actions on Clean Air Act Section
105 Grant to the Lane Regional Air Protection Agency; Proposed
Determination With Request for Comments; and a Notice of Opportunity
for a Public Hearing
AGENCY: U. S. Environmental Protection Agency (EPA).
ACTION: Notice; Proposed determination with request for comments; and
notice of opportunity for public hearing.
-----------------------------------------------------------------------
SUMMARY: The EPA has made a proposed determination that a reduction in
recurring expenditures of non-Federal funds for the Lane Regional Air
Protection Agency (LRAPA) in Eugene, Oregon is a result of agency wide
non-selective reductions in expenditures. This determination, when
final, will permit the LRAPA to continue to receive grant funding under
Section 105 of the Clean Air Act for the state fiscal year (SFY) 2014.
This determination will also reset the LRAPA required maintenance of
effort level for SFY 2012 and 2013 to reflect the non-selective
reductions made to address reductions in revenue due to adverse
economic conditions in Lane County, Oregon.
DATES: Comments and/or requests for a public hearing must be received
by EPA at the address stated below by September 19, 2013.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2013-0441, by one of the following methods:
http://www.regulations.gov, Follow the online instructions
for submitting comments.
Email: [email protected]
Mail: Paul Koprowski, U.S. Environmental Protection
Agency, Region 10, 805 SW. Broadway, Suite 500, Portland, OR 97205.
FOR FURTHER INFORMATION CONTACT: Paul Koprowski, Region10, Oregon
Operations Office, 805 SW. Broadway, Portland, OR, 97205, phone: (503)
326-6363, fax: (503) 326-3399 or email: [email protected].
SUPPLEMENTARY INFORMATION: Section 105 of the Clean Air Act (CAA)
provides grant support for the continuing air programs of eligible
state, local and tribal agencies. Section 105 contains two cost-sharing
requirements agencies must meet to qualify for grants under CAA Sec.
105(a)(1)(A). Eligible entities must meet a minimum match and a
[[Page 51185]]
maintenance of effort (MOE) requirement under CAA Sec. 105(c)(1). The
match requires that at least two-fifths (40%) of the total costs for
approved Section 105 program activities must be paid by the state/local
recipient. Program activities relevant to the match consist of both
recurring and non-recurring (unique, one-time only) expenses. The LRAPA
is currently meeting the two-fifths (40%) match requirement. The MOE
provision requires that a state or local agency spend at least the same
dollar level of funds as it did in the previous grant year for
recurring activities. Specifically, CAA Sec. 105(c)(1) [42 U.S.C.
7405(c)(1)], provides that ``no 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.'' Pursuant to CAA Sec. 105(c)(2),
however, the EPA may award a grant to an agency not meeting the
requirements of CAA Sec. 105(c)(1), ``if the Administrator, 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.'' These statutory requirements are
repeated in the EPA's implementing regulations at 40 CFR 35.140 through
35.148.
The EPA issued additional guidance to recipients on what
constitutes a non-selective reduction on September 30, 2011. In
consideration of legislative history, the guidance clarified that a
non-selective reduction does not necessarily mean that each executive
branch agency or units of a single-purpose local air district need be
reduced in equal proportion. However, it must be clear to the EPA, from
the weight of evidence, that a recipient's CAA-related air program is
not being disproportionately reduced or singled out for a reduction.
No later than 90 days after the close of its grant period a CAA
Sec. 105 recipient must submit a Federal Financial Report (FFR) that
documents all of its federal and non-federal expenditures for the
completed period. A recipient seeking an adjustment to its MOE for that
period must provide the rationale and the documentation necessary the
EPA to make a determination that a non-selective reduction has
occurred. To expedite that determination, the recipient must provide
details of the budget action and the comparative fiscal impacts on all
the jurisdiction's executive branch agencies, the recipient agency
itself, and the agency's air program. The recipient should identify any
executive branch agencies or programs that should not be included in
the comparison and explain why. The recipient must provide evidence
that the air program is not being singled out for a reduction or being
disproportionately reduced. Documentation in two key areas is required:
Budget data specific to the recipient's air program and comparative
budget data between the recipient's air program, the agency containing
the air program and the other executive branch agencies. The EPA may
also request information from the recipient about how impacts on its
program operations will affect its ability to meet its CAA obligations
and requirements.
The LRAPA is a single purpose local air agency authorized to
implement most aspects of the federal Clean Air Act in Lane County,
Oregon. The chief executive is the LRAPA Executive Director and the
fiscal decision-making body is the 9-member LRAPA Board of Directors.
The EPA provides annual grant funding under the authority of CAA
Section 105 to help the LRAPA support the operation of its CAA-related
continuing environmental program for air quality. The LRAPA's annual
grant period is based on the state fiscal year from July 1 through June
30. For the SFY 2012 grant year, the EPA allocated $275,609 in CAA
Section 105 funds to the LRAPA. The LRAPA's contribution to the total
approved program funding for this period was $935,855. This represents
a match of 78% for the period ending June 30, 2012.
The LRAPA's FFR for SFY 2011 indicated that the LRAPA's MOE level
was $1,068,396. This was the LRAPA's final level of recurrent
expenditures for the SFY 2011 grant period and constituted the required
MOE level for the SFY 2012 grant year. However, the LRAPA's FFR dated
November 8, 2012 showed the actual SFY 2012 MOE was $935,855. On
December 31, 2012 the LRAPA informed the EPA in writing that due to
continued reductions in the state and local contributions to the
LRAPA's budget the LRAPA fell short of its required MOE level by
$132,541 for the SFY 2012 grant year. The LRAPA also projected a
shortfall of an additional $135,542 in SFY 2013. As a result, the LRAPA
requests the EPA adjust the MOE level to $935,855 for SFY 2012 and to
$800,313 for SFY 2013.
In the letter submitted on December 31, 2012 the LRAPA provided the
rationale and essential documentation necessary to support approval of
a non-selective reduction to the LRAPA's MOE level. The documentation
includes details of the actions LRAPA took to address the shortfall
including comparative fiscal impacts. The shortfall stems from budget
actions taken to reduce state and local general funds available to the
LRAPA due to adverse economic conditions in Oregon.
The Oregon Department of Environmental Quality (ODEQ) is
responsible for passing on state general funds to the LRAPA for air
quality management in Lane County. For the SFY 2011-2013 biennial
budget the Oregon Legislature reduced the amount of general funds
available to the ODEQ by about 24% overall. The general fund resources
available to manage ODEQ air and water quality programs were cut by 31%
each while land quality program funds were cut by 44%. ODEQ then
reduced the amount of general fund passed through to the LRAPA to
manage air quality programs in Lane County by 31%, from $364,929 to
$252,385. To address the general fund reductions to executive branch
agencies in Oregon, the Governor imposed across-the-board unpaid
furlough leave for state employees, wage and spending freezes and other
agency-specific budget cuts necessary to address the shortfall to each
agency.
Since 2008 Lane County and the cities (Eugene, Springfield, Cottage
Grove and Oakridge) that contribute locally to the LRAPA's budget have
been subject to adverse economic conditions. These conditions are
primarily due to the recession, reduced timber sales and property tax
limitations. The Lane County general fund budget overall declined by
11% in SFY 2012 and 17% in SFY 2013 primarily due to a decrease in
revenue from timber sales on federal land in Lane County. These overall
reductions were applied to other executive branch agencies in Lane
County and were passed on to the Lane Regional Air Protection Agency.
The following table illustrates the overall impact of local budget
reductions on the local contribution to the LRAPA budget between SFY
2011 and SFY 2013.
------------------------------------------------------------------------
Total local Percent
Fiscal year contribution reduction
------------------------------------------------------------------------
SFY 2011..................................... $333,440 ...........
SFY 2012..................................... 159,360 52
SFY 2013..................................... 121,670 23
------------------------------------------------------------------------
Examples of reductions to the budgets of other programs or
departments in Lane County include:
[[Page 51186]]
----------------------------------------------------------------------------------------------------------------
Department/program Fiscal year Percent reduction
----------------------------------------------------------------------------------------------------------------
Justice Courts Program........................................ SFY 12-13 53.7
Animal Services Program....................................... SFY 12-13 71.3
Health and Human Services..................................... SFY 12-13 26.3
Public Safety................................................. SFY 12-13 16.9
----------------------------------------------------------------------------------------------------------------
To operate within the limits of the reduced budgets for SFY 2012
and SFY 2013, the LRAPA reduced recurring expenditures by imposing
unpaid furlough days, work schedule reductions, and other systematic
across-the-board reductions in materials and services, as well as not
filling positions vacated due to retirements or resignations.
For the LRAPA to be eligible to receive its SFY 2014 CAA Section
105 grant, the EPA must make a determination (after notice and an
opportunity for a public hearing and comment) that the reduction in
expenditures is attributable to a non-selective reduction in the budget
of the Lane Regional Air Protection Agency. Accordingly, consistent
with criteria set forth in CAA Section 105(c)(2) and consistent with
the Agency's September 30, 2011 guidance on qualifying for a non-
selective reduction, the EPA has determined that it is appropriate to
approve the LRAPA's request for a non selective reduction in its level
of recurring expenditures for the SFY 2012 and SFY 2013 grant budget
period. The revised MOE level for SFY 2012 is $935,855 and the level
for SFY2013 is $800,313.
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 September 19, 2013 on this proposal will
be considered. The EPA will conduct a public hearing on this proposal
only if a written request for such is received by the EPA at the
address above by September 19, 2013. If no written request for a
hearing is received, the 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 Paul Koprowski at the above address.
Dated: August 6, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2013-20156 Filed 8-19-13; 8:45 am]
BILLING CODE 6560-50-P