Clean Air Act Grant: South Coast Air Quality Management District; Opportunity for Pubic Hearing, 16630-16632 [2013-05923]
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pmangrum on DSK3VPTVN1PROD with PROPOSALS
16630
Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 / Proposed Rules
the U.S. Department of the Interior,
Bureau of Indian Affairs, Osage
Negotiated Rulemaking Committee will
meet as indicated below.
DATES: Meeting: The meeting will be
held on Tuesday, April 2, 2013, from 9
a.m. to 5 p.m.
ADDRESSES: Wah Zha Zhi Cultural
Center, 1449 W. Main, Pawhuska,
Oklahoma 74056.
FOR FURTHER INFORMATION CONTACT: Mr.
Eddie Streater, Designated Federal
Officer, Bureau of Indian Affairs,
Wewoka Agency, P.O. Box 1540,
Seminole, OK 74818; telephone (405)
257–6250; fax (405) 257–3875; or email
osageregneg@bia.gov. Additional
Committee information can be found at:
https://www.bia.gov/osageregneg.
SUPPLEMENTARY INFORMATION: On
October 14, 2011, the United States and
the Osage Nation (formerly known as
the Osage Tribe) signed a Settlement
Agreement to resolve litigation
regarding alleged mismanagement of the
Osage Nation’s oil and gas mineral
estate, among other claims. As part of
the Settlement Agreement, the parties
agreed that it would be mutually
beneficial ‘‘to address means of
improving the trust management of the
Osage Mineral Estate, the Osage Tribal
Trust Account, and Other Osage
Accounts.’’ Settlement Agreement,
Paragraph 1.i. The parties agreed that a
review and revision of the existing
regulations is warranted to better assist
the Bureau of Indian Affairs (BIA) in
managing the Osage Mineral Estate. The
parties agreed to engage in a negotiated
rulemaking for this purpose. Settlement
Agreement, Paragraph 9.b. After the
Committee submits its report, BIA will
develop a proposed rule to be published
in the Federal Register.
Meeting Agenda: The morning session
will include: Final Committee thoughts
on proposed final revised regulations
and public comment on final proposed
revised regulations. The afternoon
session will include: Responses by the
Committee on public comments and
final vote by Committee on final
proposed revised regulations. The final
agenda will be posted on www.bia.gov/
osagenegreg prior to each meeting.
Public Input: Committee meetings are
open to the public. Interested members
of the public may present, either orally
or through written comments,
information for the Committee to
consider during the public meeting.
Written comments should be submitted,
prior to, during, or after the meeting, to
Mr. Eddie Streater, Designated Federal
Officer, preferably via email, at
osagenegneg@bia.gov, or by U.S. mail
to: Mr. Eddie Streater, Designated
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Federal Officer, Bureau of Indian
Affairs, Wewoka Agency, P.O. Box 1540,
Seminole, OK 74818. Due to time
constraints during the meeting, the
Committee is not able to read written
public comments submitted into the
record.
Individuals or groups requesting to
make oral comments at the public
Committee meeting will be limited to 5
minutes per speaker. Speakers who
wish to expand their oral statements, or
those who had wished to speak, but
could not be accommodated during the
public comment period, are encouraged
to submit their comments in written
form to the Committee after the meeting
at the address provided above. There
will be a sign-up sheet at the meeting for
those wishing to speak during the
public comment period.
The meeting location is open to the
public. Space is limited, however, so we
strongly encourage all interested in
attending to preregister by submitting
your name and contact information via
email to Mr. Eddie Streater at
osageregneg@bia.gov. Persons with
disabilities requiring special services,
such as an interpreter for the hearing
impaired, should contact Mr. Streater at
(405) 257–6250 at least seven calendar
days prior to the meeting. We will do
our best to accommodate those who are
unable to meet this deadline.
Dated: March 8, 2013.
Michael S. Black,
Director, Bureau of Indian Affairs.
[FR Doc. 2013–06175 Filed 3–15–13; 8:45 am]
BILLING CODE 4310–02–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 35
[EPA–R09–0AR–2013–0052; FRL–9788–5]
Clean Air Act Grant: South Coast Air
Quality Management District;
Opportunity for Pubic Hearing
Environmental Protection
Agency (EPA).
ACTION: Proposed action; determination
with request for comments and notice of
opportunity for public hearing.
AGENCY:
The U.S. EPA has made a
proposed determination that the
reduction in expenditures of nonFederal funds for the South Coast Air
Quality Management District
(SCAQMD) in support of its continuing
air program under section 105 of the
Clean Air Act (CAA), for the calendar
year 2012 is a result of non-selective
reductions in expenditures. This
SUMMARY:
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determination, when final, will permit
the SCAQMD to receive grant funding
for FY 2013 from the EPA, under section
105 of the Clean Air Act.
DATES: Comments and/or requests for a
public hearing must be received by EPA
at the address stated below by April 17,
2013.
ADDRESSES: Submit comments,
identified by docket ID No. EPA–R09–
OAR–2013–0052, by one of the
following methods:
1. Federal Portal:
www.regulations.gov. Follow the online
instructions.
2. Email: lance.gary@epa.gov or
3. Mail: Gary Lance (Air–8), U.S.
Environmental Protection Agency
Region IX, 75 Hawthorne Street, San
Francisco, CA 94105–3901.
FOR FURTHER INFORMATION CONTACT: Gary
Lance, EPA Region IX, Grants & Program
Integration Office, Air Division, 75
Hawthorne Street, San Francisco, CA
94105; phone: (415) 972–3992,fax: (415)
947–3579 or email address at
lance.gary@epa.gov.
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. In accordance with 40
CFR 35.145(a), the Regional
Administrator may provide air pollution
control agencies up to three-fifths of the
approved costs of implementing
programs for the prevention and control
of air pollution. Section 105 contains
two cost-sharing provisions which
recipients must meet to qualify for a
CAA section 105 grant. An eligible
entity must meet a minimum 40%
match. In addition, to remain eligible for
section 105 funds, an eligible entity
must continue to meet the minimum
match requirement as well as meet a
maintenance of effort (MOE)
requirement under section 105(c)(1) of
the CAA, 42 U.S.C. 7405.
Program activities relevant to the
match consist of both recurring and
non-recurring (unique,one-time only)
expenses. 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, but only for
the costs of recurring activities.
Specifically, section 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 section 105(c)(2),
however, EPA may still award a grant to
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18MRP1
Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 / Proposed Rules
16631
documentation necessary to enable EPA
to make a determination that a
nonselective reduction has occurred. In
order 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 be excepted from
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 will be needed: 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. 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; and documentation
which explains the cause of the
reduction, such as legislative changes or
the issuance of a new executive order.
In FY2012, EPA awarded the
SCAQMD $5,234,193, which
represented approximately 5% of the
SCAQMD budget. In FY–2013, EPA will
award the SCAQMD an estimate of
$4,538,613, which represents
approximately 4% of the SCAQMD
budget.
SCAQMD’s final Federal Financial
Report for FY–2011 indicated that
SCAQMD’s maintenance of effort (MOE)
level was $113,142,559. SCAQMD’s
final Federal Financial Report for FY–
2012 indicates that SCAQMD’s
maintenance of effort (MOE) level is at
$108,291,832.
The projected MOE is not sufficient to
meet the MOE requirements under the
CAA section 105 because it is not equal
to or greater than the MOE for the
previous fiscal year. In order for the
SCAQMD to be eligible to receive its
FY2013 CAA section 105 grant, EPA
must make a determination (after notice
and an opportunity for a public hearing)
that the reduction in expenditures is
attributable to a non-selective reduction
in the expenditures in the programs of
the South Coast Air Quality
Management District. The shortfall
stems from a decline of 12.4% in
stationary sources revenue from
FY2008–09 to FY–2011–12 as reflected
in the table below:
The SCAQMD is a single-purpose
agency whose primary source of funding
is emission fee revenue. It is the ‘‘unit
of government for section 105(c)(2)
purposes.’’
The decline in stationary source
revenues would have been even more
pronounced had it not been for the
SCAQMD Governing Board-adopted fee
increases totaling 5.9% over the last
three years. The net loss of stationary
revenues has given SCAQMD no choice
but to reduce its budget and find less
costly ways to meet its mandate. Over
the past several years actions were
undertaken by SCAQMD to balance its
budget by reducing overall
expenditures, including deleting or not
funding vacant positions, implementing
a hiring freeze, enacting pension reform,
reducing services and supplies
expenditures, and utilizing reserves.
Since FY2009–10, SCAQMD has
supplemented revenues with $18.5
million in reserves to balance the budget
and meet program requirements.
In addition to the conditions
described above, an increase in
expenditures relating to permitting
activities under Title V of CAA, 42
U.S.C. 7661–7661–f and an increase in
non-recurrent capital expenditures in
the amount of $1,406,240 have resulted
in a reduction in the non-federal share
which also contributed to a decrease in
the FY12 MOE level.
Based on: (1) SCAQMD’s inability to
levy taxes, (2) regulated and voluntary
emissions reductions, (3) the general
economic downturn, (4) voter approval
of Proposition 26, (5) an overall decline
in stationary source revenue, (6)
expenditure cuts, (7) use of financial
reserves to balance the budget,
(8)increased Title V permitting
activities, and (9) an increase in nonrecurrent capital expenditures, the
request for a reset of SCAQMD’s MOE
meets the criteria for a non-selective
reduction determination.
Although SCAQMD receives less than
5 percent of its support from the section
105 grant, the loss of that funding would
seriously impact SCAQMD’s ability to
carry out its clean air program. The
revenue generated from Stationary
Sources over the last 10 years is detailed
below.
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Year
2003
2004
2005
2006
2007
2008
2009
E:\FR\FM\18MRP1.SGM
......................................
......................................
......................................
......................................
......................................
......................................
......................................
18MRP1
Stationary
sources (1)
62,835,710
61,461,482
64,613,635
68,483,189
75,200,253
82,800,004
91,472,243
EP18MR13.000</GPH>
pmangrum on DSK3VPTVN1PROD with PROPOSALS
an agency not meeting the requirements
of section 105(c)(1), ‘‘if the
Administrator, after notice and
opportunity for public hearing,
determines that a reduction in
expenditures is attributable to a nonselective reduction in the expenditures
in the programs of all Executive branch
agencies of the applicable unit of
Government.’’ These statutory
requirements are repeated in EPA’s
implementing regulations at 40 CFR
35.140–35.148. EPA issued additional
guidance to recipients on what
constitutes a nonselective 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 need be
reduced in equal proportion. However,
it must be clear to EPA, from the weight
of evidence, that a recipient’s CAArelated air program is not being
disproportionately impacted or singled
out for a reduction.
A section 105 recipient must submit
a final financial status report no later
than 90 days from the close of its grant
period that documents all of its federal
and non-federal expenditures for the
completed period. The recipient seeking
an adjustment to its MOE for that period
must provide the rationale and the
16632
Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 / Proposed Rules
Year
Stationary
sources (1)
2010 ......................................
2011 ......................................
2012 ......................................
81,097,647
78,787,371
79,815,562
The SCAQMD’s MOE reduction
resulted from a loss of revenues due to
circumstances beyond its control. EPA
proposes to determine that the
SCAQMD lower the FY2012 MOE level
to $108,291,832 to meet the CAA
section 105(c)(2) criteria as resulting
from a non-selective reduction of
expenditures.
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 April 17, 2013 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 April 17,
2013. If no written request for a hearing
is received, 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
Gary Lance at the above address.
Dated: March 6, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013–05923 Filed 3–15–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 414 and 419
[CMS–1455–P]
RIN 0938–AR73
Medicare Program; Part B Inpatient
Billing in Hospitals
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Proposed rule.
pmangrum on DSK3VPTVN1PROD with PROPOSALS
AGENCY:
The proposed rule would
revise Medicare Part B billing policies
when a Part A claim for an hospital
inpatient admission is denied as not
medically reasonable and necessary.
DATES: To be assured consideration,
comments must be received at one of
the addresses provided below, no later
than 5 p.m. on May 17, 2013.
SUMMARY:
VerDate Mar<14>2013
14:09 Mar 15, 2013
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In commenting, please refer
to file code CMS–1455–P. Because of
staff and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
four ways (please choose only one of the
ways listed):
1. Electronically. You may submit
electronic comments on this document
to https://www.regulations.gov. Follow
the ‘‘Submit a comment’’ instructions.
2. By regular mail. You may mail
written comments to the following
address ONLY: Centers for Medicare &
Medicaid Services, Department of
Health and Human Services, Attention:
CMS–1455–P, P.O. Box 8013, Baltimore,
MD 21244–8013.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
3. By express or overnight mail. You
may send written comments to the
following address ONLY: Centers for
Medicare & Medicaid Services,
Department of Health and Human
Services, Attention: CMS–1455–P, Mail
Stop C4–26–05, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
4. By hand or courier. Alternatively,
you may deliver (by hand or courier)
your written comments ONLY to the
following addresses prior to the close of
the comment period:
a. For delivery in Washington, DC—
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Room 445–G, Hubert
H. Humphrey Building, 200
Independence Avenue SW.,
Washington, DC 20201.
(Because access to the interior of the
Hubert H. Humphrey Building is not
readily available to persons without
federal government identification,
commenters are encouraged to leave
their comments in the CMS drop slots
located in the main lobby of the
building. A stamp-in clock is available
for persons wishing to retain a proof of
filing by stamping in and retaining an
extra copy of the comments being filed.)
b. For delivery in Baltimore, MD—
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
If you intend to deliver your
comments to the Baltimore address, call
telephone number (410) 786–7195 in
advance to schedule your arrival with
one of our staff members.
Comments erroneously mailed to the
addresses indicated as appropriate for
hand or courier delivery may be delayed
and received after the comment period.
ADDRESSES:
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For information on viewing public
comments, see the beginning of the
SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Ann
Marshall, (410) 786–3059, for issues
related to payment of Part B inpatient
and Part B outpatient services.
David Danek, (617) 565–2682, for
issues related to hospital or beneficiary
appeals.
Fred Grabau, (410) 786–0206, for
issues related to time limits for filing
claims.
Twi Jackson, (410) 786–1159, for
information on all other issues.
SUPPLEMENTARY INFORMATION:
Inspection of Public Comments: All
comments received before the close of
the comment period are available for
viewing by the public, including any
personally identifiable or confidential
business information that is included in
a comment. We post all comments
received before the close of the
comment period on the following Web
site as soon as possible after they have
been received: https://
www.regulations.gov. Follow the search
instructions on that Web site to view
public comments.
Comments received timely will also
be available for public inspection as
they are received, generally beginning
approximately 3 weeks after publication
of a document, at the headquarters of
the Centers for Medicare & Medicaid
Services, 7500 Security Boulevard,
Baltimore, Maryland 21244, Monday
through Friday of each week from 8:30
a.m. to 4 p.m. To schedule an
appointment to view public comments,
phone 1–800–743–3951.
I. Summary and Background
A. Executive Summary
1. Purpose
In the Calendar Year (CY) 2013
Hospital Outpatient Prospective
Payment System (OPPS)/Ambulatory
Surgical Center (ASC) proposed rule
(July 30, 2012, 77 FR 45155 through
45157) and final rule with comment
period (November 15, 2012, 77 FR
68426 through 68433), we expressed our
ongoing concern about recent increases
in the length of time that Medicare
beneficiaries spend as hospital
outpatients receiving observation
services. (In this proposed rule,
‘‘hospital’’ means hospital as defined at
section 1861(e) of the Social Security
Act (the Act), but includes critical
access hospitals (CAHs) unless
otherwise specified. Although the term
‘‘hospital’’ does not generally include
CAHs, section 1861(e) of the Act
provides that the term ‘‘hospital’’
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]]>Agencies
[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Proposed Rules]
[Pages 16630-16632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05923]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 35
[EPA-R09-0AR-2013-0052; FRL-9788-5]
Clean Air Act Grant: South Coast Air Quality Management District;
Opportunity for Pubic Hearing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed action; determination with request for comments and
notice of opportunity for public hearing.
-----------------------------------------------------------------------
SUMMARY: The U.S. EPA has made a proposed determination that the
reduction in expenditures of non-Federal funds for the South Coast Air
Quality Management District (SCAQMD) in support of its continuing air
program under section 105 of the Clean Air Act (CAA), for the calendar
year 2012 is a result of non-selective reductions in expenditures. This
determination, when final, will permit the SCAQMD to receive grant
funding for FY 2013 from the EPA, under section 105 of the Clean Air
Act.
DATES: Comments and/or requests for a public hearing must be received
by EPA at the address stated below by April 17, 2013.
ADDRESSES: Submit comments, identified by docket ID No. EPA-R09-OAR-
2013-0052, by one of the following methods:
1. Federal Portal: www.regulations.gov. Follow the online
instructions.
2. Email: lance.gary@epa.gov or
3. Mail: Gary Lance (Air-8), U.S. Environmental Protection Agency
Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
FOR FURTHER INFORMATION CONTACT: Gary Lance, EPA Region IX, Grants &
Program Integration Office, Air Division, 75 Hawthorne Street, San
Francisco, CA 94105; phone: (415) 972-3992,fax: (415) 947-3579 or email
address at lance.gary@epa.gov.
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. In accordance with 40 CFR 35.145(a),
the Regional Administrator may provide air pollution control agencies
up to three-fifths of the approved costs of implementing programs for
the prevention and control of air pollution. Section 105 contains two
cost-sharing provisions which recipients must meet to qualify for a CAA
section 105 grant. An eligible entity must meet a minimum 40% match. In
addition, to remain eligible for section 105 funds, an eligible entity
must continue to meet the minimum match requirement as well as meet a
maintenance of effort (MOE) requirement under section 105(c)(1) of the
CAA, 42 U.S.C. 7405.
Program activities relevant to the match consist of both recurring
and non-recurring (unique,one-time only) expenses. 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, but only for the
costs of recurring activities. Specifically, section 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 section 105(c)(2),
however, EPA may still award a grant to
[[Page 16631]]
an agency not meeting the requirements of section 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 EPA's implementing regulations
at 40 CFR 35.140-35.148. EPA issued additional guidance to recipients
on what constitutes a nonselective 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 need be reduced in equal proportion. However, it must be
clear to EPA, from the weight of evidence, that a recipient's CAA-
related air program is not being disproportionately impacted or singled
out for a reduction.
A section 105 recipient must submit a final financial status report
no later than 90 days from the close of its grant period that documents
all of its federal and non-federal expenditures for the completed
period. The recipient seeking an adjustment to its MOE for that period
must provide the rationale and the documentation necessary to enable
EPA to make a determination that a nonselective reduction has occurred.
In order 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 be excepted from
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 will be
needed: 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.
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; and documentation which explains the
cause of the reduction, such as legislative changes or the issuance of
a new executive order.
In FY2012, EPA awarded the SCAQMD $5,234,193, which represented
approximately 5% of the SCAQMD budget. In FY-2013, EPA will award the
SCAQMD an estimate of $4,538,613, which represents approximately 4% of
the SCAQMD budget.
SCAQMD's final Federal Financial Report for FY-2011 indicated that
SCAQMD's maintenance of effort (MOE) level was $113,142,559. SCAQMD's
final Federal Financial Report for FY-2012 indicates that SCAQMD's
maintenance of effort (MOE) level is at $108,291,832.
The projected MOE is not sufficient to meet the MOE requirements
under the CAA section 105 because it is not equal to or greater than
the MOE for the previous fiscal year. In order for the SCAQMD to be
eligible to receive its FY2013 CAA section 105 grant, EPA must make a
determination (after notice and an opportunity for a public hearing)
that the reduction in expenditures is attributable to a non-selective
reduction in the expenditures in the programs of the South Coast Air
Quality Management District. The shortfall stems from a decline of
12.4% in stationary sources revenue from FY2008-09 to FY-2011-12 as
reflected in the table below:
[GRAPHIC] [TIFF OMITTED] TP18MR13.000
The SCAQMD is a single-purpose agency whose primary source of
funding is emission fee revenue. It is the ``unit of government for
section 105(c)(2) purposes.''
The decline in stationary source revenues would have been even more
pronounced had it not been for the SCAQMD Governing Board-adopted fee
increases totaling 5.9% over the last three years. The net loss of
stationary revenues has given SCAQMD no choice but to reduce its budget
and find less costly ways to meet its mandate. Over the past several
years actions were undertaken by SCAQMD to balance its budget by
reducing overall expenditures, including deleting or not funding vacant
positions, implementing a hiring freeze, enacting pension reform,
reducing services and supplies expenditures, and utilizing reserves.
Since FY2009-10, SCAQMD has supplemented revenues with $18.5
million in reserves to balance the budget and meet program
requirements.
In addition to the conditions described above, an increase in
expenditures relating to permitting activities under Title V of CAA, 42
U.S.C. 7661-7661-f and an increase in non-recurrent capital
expenditures in the amount of $1,406,240 have resulted in a reduction
in the non-federal share which also contributed to a decrease in the
FY12 MOE level.
Based on: (1) SCAQMD's inability to levy taxes, (2) regulated and
voluntary emissions reductions, (3) the general economic downturn, (4)
voter approval of Proposition 26, (5) an overall decline in stationary
source revenue, (6) expenditure cuts, (7) use of financial reserves to
balance the budget, (8)increased Title V permitting activities, and (9)
an increase in non-recurrent capital expenditures, the request for a
reset of SCAQMD's MOE meets the criteria for a non-selective reduction
determination.
Although SCAQMD receives less than 5 percent of its support from
the section 105 grant, the loss of that funding would seriously impact
SCAQMD's ability to carry out its clean air program. The revenue
generated from Stationary Sources over the last 10 years is detailed
below.
------------------------------------------------------------------------
Stationary
Year sources (1)
------------------------------------------------------------------------
2003.................................................... 62,835,710
2004.................................................... 61,461,482
2005.................................................... 64,613,635
2006.................................................... 68,483,189
2007.................................................... 75,200,253
2008.................................................... 82,800,004
2009.................................................... 91,472,243
[[Page 16632]]
2010.................................................... 81,097,647
2011.................................................... 78,787,371
2012.................................................... 79,815,562
------------------------------------------------------------------------
The SCAQMD's MOE reduction resulted from a loss of revenues due to
circumstances beyond its control. EPA proposes to determine that the
SCAQMD lower the FY2012 MOE level to $108,291,832 to meet the CAA
section 105(c)(2) criteria as resulting from a non-selective reduction
of expenditures.
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 April 17, 2013 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
April 17, 2013. If no written request for a hearing is received, 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 Gary
Lance at the above address.
Dated: March 6, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-05923 Filed 3-15-13; 8:45 am]
BILLING CODE P
