[Federal Register: November 25, 2009 (Volume 74, Number 226)]
[Rules and Regulations]
[Page 61566-61572]
[DOCID:fr25no09-19]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each

community. This date may be obtained by contacting the office where the
maps are available for inspection as indicated on the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-2820.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Assistant Administrator for
Mitigation has resolved any appeals resulting from this notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

0
Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

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                                                                      * Elevation in
                                                                      feet (NGVD)  +
                                                                    Elevation in feet
           Flooding source(s)              Location of referenced   (NAVD)       Communities affected
                                                 elevation            Depth in feet
                                                                       above ground
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                                Garland County, Arkansas, and Incorporated Areas
                                             Docket No.: FEMA-B-1021
----------------------------------------------------------------------------------------------------------------
Molly Creek............................  Weston Road..............               +409  City of Hot Springs.
                                         Approximately 450 feet                  +544
                                          upstream of Albert Pike
                                          Road/US 270.
Molly Creek Tributary 1................  Stover Road (Formerly                   +484  City of Hot Springs.
                                          Marie St.).
                                         Molly Springs Road.......               +506
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                    ADDRESSES

City of Hot Springs
Maps are available for inspection at the Garland County Library, 1427 Malvern Avenue, Hot Springs, AR 71901.
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                               Ventura County, California, and Incorporated Areas
                                    Docket Nos.: FEMA-D-7642 and FEMA-B-1024
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Arroyo Santa Rosa......................  At the confluence with                  +233  Unincorporated Areas of
                                          Conejo Creek.                                 Ventura County.
                                         Approximately 0.6 mile                  +378
                                          upstream of East Las
                                          Posas Road.
Arroyo Santa Rosa Overflow.............  Between Arroyo Santa Rosa                 +2  Unincorporated Areas of
                                          and Arroyo Santa Rosa                         Ventura County.
                                          Tributary at East Las
                                          Posas Road.
Arroyo Santa Rosa Tributary............  At the confluence with                  +250  Unincorporated Areas of
                                          Arroyo Santa Rosa.                            Ventura County.
                                         Approximately 400 feet                  +379
                                          upstream of Santa Rosa
                                          Road.
Calleguas Creek/.......................  At the downstream side of                +23  Unincorporated Areas of
Arroyo Los Posas/......................   State Highway 1.                              Ventura County, City of
Arroyo Simi............................                                                 Camarillo, City of
                                                                                Moorpark, City of Simi
                                                                                Valley.
                                         Approximately 100 feet                  +143
                                          downstream of U.S.
                                          Highway 101.
                                         Approximately 0.9 mile                  +248
                                          upstream of Seminary
                                          Road.

                                         Approximately 0.96 mile                 +619
                                          upstream of Collins
                                          Drive.
Camarillo Hills Drain..................  Approximately 0.9 mile                   +62  Unincorporated Areas of
                                          upstream of the                               Ventura County, City of
                                          confluence with Revolon                       Camarillo.
                                          Slough.
                                         Approximately 190 feet                   +91
                                          downstream of South Las
                                          Posas Road.
                                         Approximately 40 feet                    +95
                                          upstream of West Ventura
                                          Boulevard.
                                         At Arneill Road..........               +185
Conejo Creek...........................  At the confluence with                   +95  Unincorporated Areas of
                                          Calleguas Creek.                              Ventura County, City of
                                                                                Camarillo, City of
                                                                                Thousand Oaks.
                                         At confluence of Arroyo                 +233
                                          Santa Rosa.
Edgemore Drain.........................  At the confluence with                  +117  City of Camarillo.
                                          Camarillo Hills Drain.
                                         Approximately 520 feet                  +153
                                          upstream of Getman
                                          Street.
Gabbert Canyon Creek...................  At the confluence with                  +425  Unincorporated Areas of
                                          Calleguas Creek.                              Ventura County.
                                         At the confluence of                    +451
                                          Walnut Canyon Drain.
Lang Creek.............................  Upstream of Hillcrest                   +728  City of Thousand Oaks.
                                          Drive.
                                         Approximately 520 feet                  +772
                                          upstream of Combes
                                          Avenue.
Mission Drain..........................  At the confluence with                  +132  City of Camarillo.
                                          Camarillo Hills Drain.
                                         Approximately 430 feet                  +173
                                          downstream of Mission
                                          Drive.
Peach Hill Wash........................  At the confluence with                  +426  Unincorporated Areas of
                                          Arroyo Simi.                                  Ventura County, City of
                                                                                Moorpark.
                                         Approximately 1,170 feet                +477
                                          upstream of Country Hill
                                          Road.
Somis Drain............................  At the confluence with                  +168  City of Camarillo.
                                          Calleguas Creek.
                                         At Las Posas Road........               +203
Thousand Oaks North Drain..............  At the confluence with                  +736  City of Thousand Oaks.
                                          Arroyo Conejo.
                                         Approximately 800 feet                  +889
                                          upstream of El Cerrito
                                          Drive.
Walnut Canyon Drain....................  At the confluence with                  +451  Unincorporated Areas of
                                          Gabbert Canyon.                               Ventura County, City of
                                                                                Moorpark.
                                         Approximately 2,840 feet                +645
                                          upstream of Casey Road.
West Camarillo Hills Tributary.........  At the confluence with                  +124  City of Camarillo.
                                          Camarillo Hills Drain.
                                         Approximately 20 feet                   +155
                                          downstream of Las Posas
                                          Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                    ADDRESSES

City of Camarillo
Maps are available for inspection at City Hall, 601 Carmen Drive, Camarillo, CA 93010.

City of Moorpark
Maps are available for inspection at the City Hall, 799 Moorpark Avenue, Moorpark, CA 93021.

City of Simi Valley
Maps are available for inspection at the City Hall, 2929 Tapo Canyon Road, Simi Valley, CA 93063.

City of Thousand Oaks
Maps are available for inspection at the Public Works Department, 2100 Thousand Oaks Boulevard, Thousand Oaks,
 CA 91362.

                                     Unincorporated Areas of Ventura County
Maps are available for inspection at the Ventura County Hall of Administration, 800 South Victoria Avenue,
 Ventura, CA 93009.
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                                Kankakee County, Illinois, and Incorporated Areas
                                             Docket No.: FEMA-B-1016
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South Branch...........................
Rock Creek.............................  Upstream side of South                  +665  Unincorporated Areas of
                                          Locust Street.                                Kankakee County.
                                         Approximately 2,600 feet                +665
                                          downstream of Sycamore
                                          Street.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                    ADDRESSES

                                     Unincorporated Areas of Kankakee County
Maps are available for inspection at the Kankakee County Administration Building, 189 East Court Street,
 Kankakee, IL 60901.
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                                  Neosho County, Kansas, and Incorporated Areas
                                             Docket No.: FEMA-B-1016
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Little Turkey Creek....................  Approximately 127 feet                  +925  Unincorporated Areas of
                                          downstream of Katy Road.                      Neosho County.
                                         Approximately 675 feet                  +932
                                          downstream of U.S.
                                          Highway 169.
Neosho River...........................  Approximately 1.2 miles                 +917  Unincorporated Areas of
                                          downstream of State                           Neosho County.
                                          Highway 39.
                                         Approximately 1.13 miles                +920
                                          upstream of State
                                          Highway 39.
Puckets Run Creek......................  Approximately 120 feet                  +896  Unincorporated Areas of
                                          upstream of East State                        Neosho County.
                                          Street.
                                         At East Railroad Street..               +897
                                         Approximately 75 feet                   +898
                                          downstream of Atchison,
                                          Topeka and Santa Fe
                                          Railroad.
                                         Approximately 350 feet                  +902
                                          downstream of Queen Road.
Santa Fe Lake..........................  Approximately 115 feet                  +944  Unincorporated Areas of
                                          downstream of West 35                         Neosho County.
                                          Street.
                                         At Atchison, Topeka and                 +945
                                          Santa Fe Railroad.
Tolen Creek............................  Approximately 0.32 mile                 +896  Unincorporated Areas of
                                          upstream of Pratt Road.                       Neosho County.
                                         Approximately 1.95 miles                +910
                                          upstream of Pratt Road.
Tributary to Puckets Run Creek.........  Intersection of Trib                    +895  Unincorporated Areas of
                                          Street and Missouri-                          Neosho County.
                                          Kansas-Texas Railroad.
                                         Intersection of Trib                    +899
                                          Street and East Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                    ADDRESSES

                                      Unincorporated Areas of Neosho County
Maps are available for inspection at 100 South Main Street, Erie, KS 66733.
----------------------------------------------------------------------------------------------------------------
                                 Douglas County, Nevada, and Incorporated Areas
                                             Docket No.: FEMA-B-7779
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Airport Tributary Wash.................  Approximately 5,400 feet               +4958  Unincorporated Areas of
                                          upstream of Freemont                          Douglas County.
                                          Street.
                                         Approximately 7,445 feet               +5019
                                          upstream of Freemont
                                          Street.
Airport Wash...........................  Approximately 2,475 feet               +4902  Unincorporated Areas of
                                          upstream of East Valley                       Douglas County.
                                          Road.
                                         Approximately 9,175 feet               +5009
                                          upstream of East Valley
                                          Road.
Bobwhite Wash..........................  Confluence with Juniper                +5123  Unincorporated Areas of
                                          Road Wash.                                    Douglas County.
                                         Approximately 1,390 feet               +5135
                                          upstream of confluence
                                          with Juniper Road Wash.
Buckbrush Wash.........................  Approximately 645 feet                 +4786  Unincorporated Areas of
                                          downstream of Fuller                          Douglas County.
                                          Avenue.
                                         Approximately 3,320 feet               +5019
                                          upstream of Lindsay Lane.
Buckeye Creek..........................  Approximately 4,933 feet               +4762  Unincorporated Areas of
                                          downstream of Orbit Way.                      Douglas County.
                                         Approximately 7,624 feet               +5008
                                          upstream of Juniper Road.
Calle De Asco Wash.....................  Confluence with Calle                  +5070  Unincorporated Areas of
                                          Hermosa Wash.                                 Douglas County.
                                         Approximately 3,525 feet               +5114
                                          upstream of confluence
                                          with Calle Hermosa Wash.
Calle Hermosa Wash.....................  Approximately 469 feet                 +4884  Unincorporated Areas of
                                          downstream of Ty Lane.                        Douglas County.
                                         Approximately 1,598 feet               +5122
                                          upstream of Calle
                                          Hermosa Road.
Johnson Lane Wash......................  Approximately 3,555 feet               +4782  Unincorporated Areas of
                                          downstream of Squires                         Douglas County.
                                          Street.
                                         Approximately 2,939 feet               +4991
                                          upstream of Nye Drive.

Juniper Road Wash......................  Approximately 1,935 feet               +4881  Unincorporated Areas of
                                          downstream of Coyote                          Douglas County.
                                          Road.
                                         Approximately 3,500 feet               +5194
                                          upstream of Carlson
                                          Drive.
Sunrise Pass Wash......................  At MacKay Way............              +4907  Unincorporated Areas of
                                                                                Douglas County.
                                         Approximately 3,310 feet               +4991
                                          upstream of MacKay Way.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                    ADDRESSES

                                     Unincorporated Areas of Douglas County
Maps are available for inspection at 1615 8th Street, Minden, NV 89423.
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                                Gloucester County, New Jersey (All Jurisdictions)
                                             Docket No.: FEMA-B-1017
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Brunt Mill Branch......................  At county boundary.......                +87  Township of Franklin.
                                         Approximately 1,573 feet                 +93
                                          upstream of West
                                          Boulevard.
Delaware River.........................  At county boundary.......                 +9  Township of Greenwich,
                                                                                Borough of National
                                                                                Park, Borough of
                                                                                Paulsboro, Township of
                                                                                Logan, Township of West
                                                                                Deptford.
                                         At county boundary.......                 +9
Little Ease Run........................  Approximately 546 feet                  +103  Borough of Clayton,
                                          downstream of East                            Borough of Glassboro.
                                          Washington Drive.
                                         Approximately 2.1 miles                 +119
                                          upstream of County Route
                                          610 (Academy Street).
Mantua Creek...........................  At mouth.................                 +9  Township of Deptford,
                                                                                Borough of Glassboro,
                                                                                Borough of Paulsboro,
                                                                                Borough of Pitman,
                                                                                Borough of Wenonah,
                                                                                Township of East
                                                                                Greenwich, Township of
                                                                                Mantua, Township of
                                                                                Washington, Township of
                                                                                West Deptford.
                                         Approximately 62 feet                   +110
                                          upstream of County Route
                                          634 (Fish Pond Road).
Oldmans Creek Reach 1..................  At mouth.................                 +9  Township of Logan.
                                         Approximately 1,034 feet                  +9
                                          upstream of Interstate
                                          295.
Pargey Creek...........................  At confluence with                        +9  Township of East
                                          Repaupo Creek.                                Greenwich, Township of
                                                                                Greenwich, Township of
                                                                                Logan, Township of
                                                                                Woolwich.
                                         At County Route 653                       +9
                                          (Swedesboro Avenue).
Raccoon Creek Reach 1..................  At mouth.................                 +9  Township of Logan,
                                                                                Borough of Swedesboro,
                                                                                Township of Woolwich.
                                         Approximately 106 feet                    +9
                                          upstream of County Route
                                          551 (Kings Highway).
Raccoon Creek Reach 2..................  Approximately 3,625 feet                 +12  Township of Elk, Borough
                                          downstream of County                          of Glassboro, Township
                                          Route 551 (Tomlin                             of Harrison, Township of
                                          Station Road).                                Woolwich.
                                         Approximately 2,707 feet                +110
                                          upstream of Richwood
                                          Road.
Repaupo Creek..........................  At confluence with                        +9  Township of East
                                          Delaware River.                               Greenwich, Township of
                                                                                Greenwich, Township of
                                                                                Logan.
                                         Approximately 2,390 feet                  +9
                                          upstream of State Route
                                          44.
Scotland Run Reach 2...................  Approximately 420 feet                  +111  Borough of Clayton,
                                          downstream of County                          Township of Franklin,
                                          Route 610 (Academy                            Township of Monroe.
                                          Street).
                                         Approximately 5,825 feet                +118
                                          upstream of County Route
                                          610 (Academy Street).
South Branch Raccoon Creek.............  Confluence with Raccoon                  +16  Township of Harrison,
                                          Creek Reach 2.                                Township of South
                                                                                Harrison.

                                         Approximately 657 feet                   +45
                                          upstream of County Route
                                          581 (Commissioners Road).
Still Run 1...................  At confluence with White                  +9  Township of East
                                          Sluice Run.                                   Greenwich, Township of
                                                                                Greenwich.
                                         Approximately 0.7 mile                    +9
                                          upstream of County Route
                                          653 (Swedesboro Avenue).
Still Run 2...................  Approximately 1,200 feet                +107  Township of Elk, Borough
                                          upstream of State                             of Clayton.
                                          Highway 55.
                                         Approximately 5,313 feet                +115
                                          upstream of County Route
                                          608 (Clayton Avenue).
White Sluice Run.......................  At mouth.................                 +9  Township of Greenwich.
                                         At confluence with London                 +9
                                          Branch and Still Run
                                          1.
Woodbury Creek.........................  At mouth.................                 +9  Borough of National Park,
                                                                                City of Woodbury,
                                                                                Township of West
                                                                                Deptford.
                                         Approximately 7,987 feet                  +9
                                          upstream of Interstate
                                          295.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                    ADDRESSES

Borough of Clayton
Maps are available for inspection at the Borough Hall, 125 North Delsea Drive, Clayton, NJ 08312.

Borough of Glassboro
Maps are available for inspection at the Borough Hall, 1 South Main Street, Glassboro, NJ 08028.

Borough of National Park
Maps are available for inspection at the Borough Hall, 7 South Grove Avenue, National Park, NJ 08063.

Borough of Paulsboro
Maps are available for inspection at the Paulsboro Municipal Building, 1211 Delaware Street, Paulsboro, NJ
 08066.

Borough of Pitman
Maps are available for inspection at the Borough Hall, 110 South Broadway, Pitman, NJ 08071.

Borough of Swedesboro
Maps are available for inspection at the Borough Hall, 1500 Kings Highway, Swedesboro, NJ 08085.

Borough of Wenonah
Maps are available for inspection at the Borough Office, 1 South West Avenue, Wenonah, NJ 08090.

City of Woodbury
Maps are available for inspection at City Hall, 33 Delaware Street, Woodbury, NJ 08096.

Township of Deptford
Maps are available for inspection at the Township Department of Emergency Management, 1011 Cooper Street,
 Deptford, NJ 08096.

Township of East Greenwich
Maps are available for inspection at the East Greenwich Township Hall/Municipal Building, 159 Democrat Road,
 Mickleton, NJ 08056.

Township of Elk
Maps are available for inspection at the Elk Township Hall, 667 Whig Lane Road, Monroeville, NJ 08343.

Township of Franklin
Maps are available for inspection at the Franklin Municipal Building, 1571 Delsea Drive, Franklinville, NJ
 08322.

Township of Greenwich
Maps are available for inspection at the Greenwich Municipal Building, 420 Washington Street, Gibbstown, NJ
 08027.

Township of Harrison
Maps are available for inspection at the Harrison Municipal Building, 114 Bridgeton Pike, Mullica Hill, NJ
 08062.

Township of Logan
Maps are available for inspection at the Logan Township Hall, 125 Main Street, Bridgeport, NJ 08302.

Township of Mantua
Maps are available for inspection at the Township Offices, 401 Main Street, Mantua, NJ 08051.

Township of Monroe
Maps are available for inspection at the Monroe Township Hall, 125 Virginia Avenue, Williamstown, NJ 08094.

Township of South Harrison
Maps are available for inspection at the South Harrison Township Hall, 664 Harrisonville Road, Harrisonville, NJ
 08039.

Township of Washington
Maps are available for inspection at the Washington Township Municipal Building, 523 Egg Harbor Road, Sewell, NJ
 08080.

Township of West Deptford
Maps are available for inspection at the West Deptford Municipal Office, 400 Crown Point Road, West Deptford, NJ
 08086.

Township of Woolwich

Maps are available for inspection at the Township Hall, 121 Woodstown Road, Woolwich, NJ 08085.
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                                Waupaca County, Wisconsin, and Incorporated Areas
                                             Docket No.: FEMA-B-1021
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Little Wolf River/Big Falls Pond.......  0.33 mile downstream of                 +879  Village of Big Falls,
                                          bridge at County Highway                      Unincorporated Areas of
                                          G.                                            Waupaca County.
                                         1.1 miles upstream of                   +910
                                          bridge at County Highway
                                          G.
Waupaca River/Weyauwega Lake...........  2.65 miles upstream of                  +756  City of Waupaca, City of
                                          confluence with Wolf                          Weyauwega,
                                          River.                                        Unincorporated Areas of
                                                                                Waupaca County.
                                         390 feet upstream of                    +893
                                          bridge at Anderson Road.
Wolf River.............................  Southern Waupaca County                 +753  Village of Fremont,
                                          boundary.                                     Unincorporated Areas of
                                                                                Waupaca County.
                                         3.58 miles downstream of                +756
                                          bridge at County Highway
                                          X.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                    ADDRESSES

City of Waupaca
Maps are available for inspection at 111 South Main Street, Waupaca, WI 54981.

City of Weyauwega
Maps are available for inspection at 109 East Main Street, Weyauwega, WI 54983.

                                     Unincorporated Areas of Waupaca County
Maps are available for inspection at 811 Harding Street, Waupaca, WI 54981.

Village of Big Falls
Maps are available for inspection at 220 Main Street, Big Falls, WI 54926.

Village of Fremont
Maps are available for inspection at 317 Wolf River Drive, Fremont, WI 54940.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. E9-28310 Filed 11-24-09; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Proposed Rules]
[Pages 14104-14107]
[FR Doc No: 2023-04164]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R03-OAR-2022-0166; FRL-10673-01-R3]

Air Plan Approval; Pennsylvania; Revisions To Plan Approval and
Operating Permit Fees Rule and Title V Operating Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve both a state implementation plan (SIP) revision and title V
operating permits program revision submitted by the Pennsylvania
Departmental of Environmental Protection (PADEP) on behalf of the
Commonwealth of Pennsylvania. The SIP revision pertains to
Pennsylvania's existing plan approval and operating permit program fee
rules. The revision increases existing plan approval application and
operating permit fees. The title V operating permit program revision
amends the title V operating permit program fee schedules that fund the
Pennsylvania title V operating permit program.

DATES: Written comments must be received on or before April 6, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0166 at www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. For either manner of submission, EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be confidential business information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Yongtian He, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, Four Penn Center, 1600 JFK Boulevard, Philadelphia, Pennsylvania
19103. The telephone number is<PHONE_NUMBER>. Mr. He can also be
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On July 20, 2021, PADEP submitted a revision to both Pennsylvania's
SIP and its title V operating permit program approval codified in 40
CFR part 70 appendix A (relating to approval status of state and local
operating permits programs). Additionally, on January 3, 2023, PADEP
submitted a letter clarifying which portions of the submittal were
intended to be SIP revisions, and which were intended to be revisions
to Pennsylvania's title V operating permit program. The submittal
consists of revisions amending 25 Pennsylvania (PA) Code Chapters 121
(relating to general provisions) and 127, Subchapters F and I (relating
to operating permit requirements; and plan approval and operating
permit fees). The revisions increase existing plan approval application
and operating permit fees. They also implement new fees for requests
for determination, which is a process PADEP conducts when a source
requests the PADEP to determine whether certain permitting requirements
are applicable to the specific source, or the source is exempt from
these requirements. Pennsylvania indicates that these revisions are
necessary to ensure that fees are sufficient to cover the costs of
administering the plan approval application and operating permit
process as required by section 502(b) of the Clean Air Act (42 U.S.C.A.
section 7661a(b)) and section 6.3 of the Air Pollution Control Act (35
Pennsylvania Statute section 4006.3). The documents associated with
PADEP submission can be found at https://www.regulations.gov, Docket ID
No. EPA-R03-OAR-2022-0166.

A. SIP Revision

    Section 110(a)(2)(L) of the Clean Air Act (CAA) requires SIPs to
include requirements that the owner or operator of each major
stationary source pay to the permitting authority, as a condition of
any permit required by the CAA, fees sufficient to cover reasonable
costs of acting on the permit as well as

implementing and enforcing the terms and conditions of the permit. EPA
has previously approved Pennsylvania code Chapter 121 general
provisions definitions at 25 PA code 121.1, Chapter 127 public notice
requirement in section 127.424, and Pennsylvania's plan approval and
operating permit fee regulation at 25 PA Code 127.701, 127.702,
127.703, and 127.707, into the Pennsylvania SIP in accordance with
section 110 of the CAA. See 61 FR 39597 (July 30, 1996).
    This SIP revision would approve into the Pennsylvania SIP of
PADEP's revised regulatory language in 25 PA Code Chapter 121 section
121.1, and Chapter 127 sections 127.424, 127.702, and 127.703, and adds
sections 127.465, 127.709 and 127.710. The specifics of the revision
are described in Section II.A of this rulemaking.

B. Title V Operating Permit Program Revision

    EPA granted full approval of the Pennsylvania title V operating
permits program on July 30, 1996. See 61 FR 39597. Under 40 CFR 70.9(a)
and (b), an approved state title V operating permit program must
require that the owners or operators of part 70 sources pay annual
fees, or the equivalent over some other period, that are sufficient to
cover the permit program costs and ensure that any fee required under
40 CFR 70.9 is used solely for permit program costs. The fee schedule
must result in the collection and retention of revenues sufficient to
cover the permit program implementation and oversight costs. CAA
502(b)(3)(A). Pennsylvania's initial title V operating permit emission
fee was established in 1994 at 25 PA Code 127.705. See 80 FR 14037
(March 18, 2015). In a February 11, 2014 title V operating permit
program revision, Pennsylvania previously revised 25 PA Code 127.705 to
increase annual emission fees for title V sources, noting that annual
emissions fees were no longer sufficient to cover costs. See 80 FR
40922 (July 14, 2015).
    In the PADEP submission, PADEP indicated that the currently
approved fee structure is insufficient to continue to support the title
V program, and as a result PADEP has revised Sections 127.704 and
127.705, and has submitted these revisions for EPA action pursuant to
CAA 502(d). EPA is considering approving these revisions into
Pennsylvania's title V operating permit program. The specifics of the
revision are described in Section II.B of this rulemaking.

II. Summary of SIP Revision, Title V Operating Permit Program Revision
and EPA Analysis

A. SIP Revision

    This revision amends Pennsylvania's SIP by approving PADEP's
amendments to 25 PA Code Chapters 121 and 127. PADEP proposed new fees
in this revision for the applications of plantwide applicability
limits; ambient air impact modeling of certain plan approval
applications; risk assessments; and requests for determination (RFD) in
order to ensure the continued solvency of its Clean Air Fund.
    Specifically, the revision proposes to approve Pennsylvania's SIP
submittal that PADEP amended 25 PA Code Chapters 121 and 127, sections
121.1, 127.424, 127.702, and 127.703, and adds sections 127.465,
127.709 and 127.710. PADEP added the definition of ``synthetic minor
facility'' in the definition section 121.1 and corrected a cross-
reference error in public notice section 127.424. PADEP amended section
127.702 that establishes plan approval fees, and section 127.703 that
establishes Operating permit fees under Subchapter F (State Operating
Permit Requirements) for the future years in details based on year and
permit categories. The newly added section 127.465 establishes the
procedures the owner or operator of a stationary air contamination
source or facility shall follow to make a significant modification to
an applicable operating permit. New section 127.709 establishes fees
for requests for determination, for whether a plan approval, an
operating permit, or both, are needed for the change to the
facility.\1\ Section 127.710 establishes application fees for the use
of general plan approvals and general operating permits for stationary
or portable sources.
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    \1\ Pennsylvania has a merged permit program. A merged permit
means there is only one permit for each source; the preconstruction
permit (called ``plan approval'') gets merged into the facility's
operating permit (title V) at the end of the shakedown period--
typically via an administrative amendment. Every major and minor
modification at a title V source requiring a plan approval undergoes
public participation since it will modify the source's title V
permit; such plan approvals must be ``title V ready'', i.e., plan
approval must meet requirements of both preconstruction permit and
title V operating permit.
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    The revisions to Pennsylvania's SIP satisfy CAA section
110(a)(2)(L), which mandates that SIPs require the owner or operator of
each major stationary source to pay to the permitting authority a fee
sufficient to cover (i) the reasonable costs of reviewing and acting
upon any application for such a permit, and (ii) if the owner or
operator receives a permit for such source, the reasonable costs of
implementing and enforcing the terms and conditions of any such permit.
The revision makes the Pennsylvania SIP more up to date with fee
schedules and meets the substantive SIP requirements of the CAA,
including section 110 and implementing regulations.

B. Title V Operating Permit Program Revision

    The revision to Pennsylvania's title V program proposes to approve
PADEP's submission that amends Chapter 127 sections 127.704 and
127.705. Section 127.704 establishes title V operating permit fees, and
section 127.705 require the owner or operator of a title V facility to
pay annual title V emission fees.
    A key provision of the title V operating permit program is the
requirement to establish a financially adequate permit fee schedule
that results in the collection and retention of revenues sufficient to
cover all reasonable costs required to develop and administer the title
V operating permit program as required by 40 CFR 70.9(a) and (b). Title
V permit fees are used to implement and enforce the permitting program,
including reviewing and processing plan approvals and operating
permits, review renewals of existing permits; monitoring facility
compliance; taking enforcement actions for noncompliance; performing
monitoring, modeling and analysis; tracking facility emissions;
conducting inspections, responding to complaints and pursuing
enforcement actions, emissions and ambient air monitoring, preparing
applicable regulations and guidance, and preparing emission
inventories. See 40 CFR 70.9(b).
    According to its submission, PADEP has recently experienced a
declining in fee revenue due to emissions reductions at major
facilities. PADEP has submitted to EPA a detailed economic analysis
that justifies its need to increase its title V operating permit fees.
See 51 Pa.B. 283 (January 16, 2021), Docket ID No. EPA-R03-OAR-2022-
0166. PADEP's economic analysis concluded that Pennsylvania's title V
operating permit and annual emission fee revenues collected are no
longer sufficient to cover title V operating permit program costs. The
state's revision does not increase the title V emission fee under
section 127.705. The amendment to section 127.705 clarifies the use of
the Consumer Price Index for the prescribed annual increases. PADEP
concluded that the fee adjustments in section 127.704 were needed to
bring Pennsylvania's title V operating permit program fee revenue in
line with

expenditures so that the program is self-sustaining as required under
the CAA.
    Regulations related to the fee schedules for plan approval and
operating permit activities were last revised in November 1994, with
staged increases occurring over the ensuing 10 years. The last of the
staged plan approval and operating permit fee increases occurred in
January 2005. PADEP revised the title V annual emission fee under
section 127.705 (relating to emission fees) in 2013 and submitted to
EPA in 2014, and EPA approved the revision in 2015. See 80 FR 40922
(July 14, 2015). At that time, the PADEP projected that the increased
annual emission fee would not be sufficient to maintain the solvency of
the title V account in its Clean Air Fund, and noted that a revised
annual emission fee or other revised permitting fees would be needed
within 3 years.
    Pennsylvania indicates that these amendments to its title V
operating permit program ensure that fees will remain sufficient to
cover the costs of administering the plan approval application and
operating permit process as required by section 502(b) of the CAA and
section 6.3 of the Air Pollution Control Act. Without this fee increase
and new fees to be collected, Pennsylvania had anticipated funds will
not be sufficient to sustain the title V operating permit program. If
funds were to become insufficient to sustain the title V operating
permit program in Pennsylvania, EPA may determine that Pennsylvania has
not taken ``significant action to assure adequate administration and
enforcement of the Program'' and take subsequent required action under
40 CFR 70.10(b) and(c) as well as impose sanctions under the CAA.
    Based on the 40 CFR part 70 presumptive minimum fee rate from the
September 16, 2021, EPA Office of Air Quality Planning and Standards
memorandum,\2\ the requirements of 40 CFR 70.9(b)(2) and the economic
analysis by PADEP, EPA finds that the July 20, 2021, PADEP submission
has met the requirements of CAA section 502(b)(1)-(10), and is
consistent with applicable EPA requirements in title V operating permit
program of the CAA and 40 CFR part 70. This rulemaking proposes
approval of the increased fees and new fees because the changes meet
requirements in 40 CFR 70.9 for sufficient title V fees to cover permit
program costs.
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    \2\ www.epa.gov/system/files/documents/2022-09/FEE70_2023.pdf.
---------------------------------------------------------------------------

III. Proposed Action

    EPA is proposing to approve the Pennsylvania July 20, 2021,
submittal pertaining to the permitting program fees based on PADEP's
clarification of January 3, 2023 as revisions, described above, to both
the Pennsylvania SIP and Pennsylvania's approved title V operating
permit program. The SIP submittal is in accordance with requirements in
section 110(a)(2)(L) of the CAA and implement regulations.
Additionally, because the title V submittal meets the requirements of
CAA sections 502(b)(1) through (10), pursuant to CAA 502(d), EPA is
proposing to approve the Pennsylvania title V operating permit program
revision submitted on July 20, 2021 and clarified on January 3, 2023.
The title V revision meets the requirements in 40 CFR 70.9. EPA is
soliciting public comments on both the SIP revision and title V
operating permit program revision discussed in this document. These
comments will be considered before taking final action.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the Pennsylvania Regulation described in the amendments to 25
PA Code 127, as discussed in section II.A of this rulemaking. EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 3 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Under the CAA,
the Administrator approves title V operating permit program revisions
pursuant to that comply with the Act and applicable Federal
Regulations. See 42 U.S.C. 7661a(d). Thus, in reviewing SIP and title V
operating permit program submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. This action
merely approves state law as meeting Federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rulemaking does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP revision to Pennsylvania's existing plan approval and
operating permit program fee rules is not approved to apply in Indian
country located in the state, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Lead, Nitrogen
dioxide, Operating permits, Ozone, Particulate Matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2023-04164 Filed 3-6-23; 8:45 am]
BILLING CODE 6560-50-P