[Federal Register: November 2, 2010 (Volume 75, Number 211)]
[Proposed Rules]
[Page 67310-67317]
[DOCID:fr02no10-20]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1148]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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SUMMARY: Comments are requested on the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this notice is to
seek general information and comment regarding the proposed regulatory
flood elevations for the reach described by the downstream and upstream
locations in the table below. The BFEs and modified BFEs are a part of
the floodplain management measures that the community is required
either to adopt or to show evidence of having in effect in order to
qualify or remain qualified for participation in the National Flood
Insurance Program (NFIP). In addition, these elevations, once
finalized, will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents in those buildings.

DATES: Comments are to be submitted on or before January 31, 2011.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community is available for
inspection at the community's map repository. The respective addresses
are listed in the table below.

    You may submit comments, identified by Docket No. FEMA-B-1148, to
Roy E. Wright, Deputy Director, Risk Analysis Division, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>, or (e-
mail<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Roy E. Wright, Deputy Director, Risk
Analysis Division, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. These proposed elevations
are used to meet the floodplain management requirements of the NFIP and
also are used to calculate the appropriate flood insurance premium
rates for new buildings built after these elevations are made final,
and for the contents in those buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
    National Environmental Policy Act. This proposed 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.
    Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed 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.
    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    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.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are
proposed to be amended as follows:

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                 feet (NAVD)
                                       Location of referenced     Depth in feet above
         Flooding source(s)                  elevation         ground [caret] Elevation    Communities affected
                                                                    in meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                              Indian River County, Florida, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Collier Creek.......................  Approximately 550 feet            +4           +5  City of Sebastian,
                                       upstream of the                                    Unincorporated Areas
                                       confluence with South                              of Indian River
                                       Prong Creek.                                       County.
                                      Approximately 1,320             None          +19
                                       feet upstream of
                                       Fleming Street.
FT-1................................  Within area of multiple         None          +21  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 27th Avenue
                                       Southwest to the west,
                                       21st Street Southwest
                                       to the south, and 20th
                                       Avenue Southwest to
                                       the east.
Lateral J Tributary 1...............  At the confluence with          None          +18  Unincorporated Areas of
                                       Lateral J.                                         Indian River County.
                                      Approximately 1,450             None          +20
                                       feet upstream of the
                                       confluence with
                                       Lateral J.
Lateral J Tributary 1-1.............  Just upstream of 18th           None          +18  Unincorporated Areas of
                                       Place Southwest.                                   Indian River County.
                                      Approximately 1,750             None          +20
                                       feet upstream of 18th
                                       Place Southwest.
Lateral J Tributary 1-2.............  At the confluence with          None          +18  Unincorporated Areas of
                                       Lateral J Tributary 1.                             Indian River County.
                                      Approximately 1.1 mile          None          +22
                                       upstream of the
                                       confluence with
                                       Lateral J Tributary 1.
ML-1................................  Within area of multiple         None          +21  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.

ML-2................................  Within area of multiple         None          +22  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-3................................  Within area of multiple         None          +21  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-4................................  Within area of multiple         None          +21  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-5................................  Within area of multiple         None          +21  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-6................................  Within area of multiple         None          +20  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-7................................  Within area of multiple         None          +21  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-8................................  Within area of multiple         None          +20  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-9................................  Within area of multiple         None          +20  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-10...............................  Within area of multiple         None          +20  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-11...............................  Within area of multiple         None          +20  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-12...............................  Within area of multiple         None          +20  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-13...............................  Within area of multiple         None          +20  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-14...............................  Within area of multiple         None          +21  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-15...............................  Within area of multiple         None          +22  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-16...............................  Within area of multiple         None          +20  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-17...............................  Within area of multiple         None          +20  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.

ML-18...............................  Within area of multiple         None          +20  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-19...............................  Within area of multiple         None          +20  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-20...............................  Within area of multiple         None          +20  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-21...............................  Within area of multiple         None          +21  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-22...............................  Within area of multiple         None          +21  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-23...............................  Within area of multiple         None          +21  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-24...............................  Within area of multiple         None          +20  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-25...............................  Within area of multiple         None          +22  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
ML-26...............................  Within area of multiple         None          +20  Unincorporated Areas of
                                       ponding areas bounded                              Indian River County.
                                       by 17th Street
                                       Southwest to the
                                       north, 43rd Avenue
                                       Southwest to the west,
                                       25th Street Southwest
                                       to the south, and 27th
                                       Avenue Southwest to
                                       the east.
P-1.................................  Within area of multiple         None          +19  City of Sebastian.
                                       ponding areas bounded
                                       by Barber Street to
                                       the north and west,
                                       85th Street to the
                                       south, and U.S. Route
                                       1 to the east.
P-2.................................  Within area of multiple         None          +18  City of Sebastian.
                                       ponding areas bounded
                                       by Barber Street to
                                       the north and west,
                                       85th Street to the
                                       south, and U.S. Route
                                       1 to the east.
P-3.................................  Within area of multiple         None          +18  City of Sebastian.
                                       ponding areas bounded
                                       by Barber Street to
                                       the north and west,
                                       85th Street to the
                                       south, and U.S. Route
                                       1 to the east.
SH-1................................  Within area of multiple         None          +22  City of Sebastian.
                                       ponding areas bounded
                                       by Main Street to the
                                       north and west, and
                                       Sebastian Boulevard to
                                       the south and east.
SH-2................................  Within area of multiple         None          +22  City of Sebastian.
                                       ponding areas bounded
                                       by Main Street to the
                                       north and west, and
                                       Sebastian Boulevard to
                                       the south and east.
SH-3................................  Within area of multiple         None          +22  City of Sebastian.
                                       ponding areas bounded
                                       by Main Street to the
                                       north and west, and
                                       Sebastian Boulevard to
                                       the south and east.
SH-4................................  Within area of multiple         None          +22  City of Sebastian.
                                       ponding areas bounded
                                       by Main Street to the
                                       north and west, and
                                       Sebastian Boulevard to
                                       the south and east.
SH-5................................  Within area of multiple         None          +22  City of Sebastian.
                                       ponding areas bounded
                                       by Main Street to the
                                       north and west, and
                                       Sebastian Boulevard to
                                       the south and east.
SH-6................................  Within area of multiple         None          +22  City of Sebastian.
                                       ponding areas bounded
                                       by Main Street to the
                                       north and west, and
                                       Sebastian Boulevard to
                                       the south and east.

SH-7................................  Within area of multiple         None          +22  City of Sebastian.
                                       ponding areas bounded
                                       by Main Street to the
                                       north and west, and
                                       Sebastian Boulevard to
                                       the south and east.
SH-8................................  Within area of multiple         None          +21  City of Sebastian.
                                       ponding areas bounded
                                       by Main Street to the
                                       north and west, and
                                       Sebastian Boulevard to
                                       the south and east.
SH-9................................  Within area of multiple         None          +21  City of Sebastian.
                                       ponding areas bounded
                                       by Main Street to the
                                       north and west, and
                                       Sebastian Boulevard to
                                       the south and east.
SH-10...............................  Within area of multiple         None          +20  City of Sebastian.
                                       ponding areas bounded
                                       by Main Street to the
                                       north and west, and
                                       Sebastian Boulevard to
                                       the south and east.
SH-11...............................  Within area of multiple         None          +21  City of Sebastian.
                                       ponding areas bounded
                                       by Main Street to the
                                       north and west, and
                                       Sebastian Boulevard to
                                       the south and east.
SH-12...............................  Within area of multiple         None          +22  City of Sebastian.
                                       ponding areas bounded
                                       by Main Street to the
                                       north and west, and
                                       Sebastian Boulevard to
                                       the south and east.
SH-13...............................  Within area of multiple         None          +23  City of Sebastian.
                                       ponding areas bounded
                                       by Main Street to the
                                       north and west, and
                                       Sebastian Boulevard to
                                       the south and east.
SL-1................................  Within area of multiple         None          +21  City of Sebastian.
                                       ponding areas bounded
                                       by Sebastian Boulevard
                                       to the north and west,
                                       Genesee Avenue to the
                                       south, and Laconia
                                       Street to the east.
SL-5................................  Within area of multiple         None          +20  City of Sebastian.
                                       ponding areas bounded
                                       by Sebastian Boulevard
                                       to the north and west,
                                       Genesee Avenue to the
                                       south, and Laconia
                                       Street to the east.
SL-6................................  Within area of multiple         None          +20  City of Sebastian.
                                       ponding areas bounded
                                       by Sebastian Boulevard
                                       to the north and west,
                                       Genesee Avenue to the
                                       south, and Laconia
                                       Street to the east.
SL-7................................  Within area of multiple         None          +20  City of Sebastian.
                                       ponding areas bounded
                                       by Sebastian Boulevard
                                       to the north and west,
                                       Genesee Avenue to the
                                       south, and Laconia
                                       Street to the east.
SL-8................................  Within area of multiple         None          +21  City of Sebastian.
                                       ponding areas bounded
                                       by Sebastian Boulevard
                                       to the north and west,
                                       Genesee Avenue to the
                                       south, and Laconia
                                       Street to the east.
SL-9................................  Within area of multiple         None          +20  City of Sebastian.
                                       ponding areas bounded
                                       by Sebastian Boulevard
                                       to the north and west,
                                       Genesee Avenue to the
                                       south, and Laconia
                                       Street to the east.
SL-10...............................  Within area of multiple         None          +20  City of Sebastian.
                                       ponding areas bounded
                                       by Sebastian Boulevard
                                       to the north and west,
                                       Genesee Avenue to the
                                       south, and Laconia
                                       Street to the east.
SL-11...............................  Within area of multiple         None          +20  City of Sebastian.
                                       ponding areas bounded
                                       by Sebastian Boulevard
                                       to the north and west,
                                       Genesee Avenue to the
                                       south, and Laconia
                                       Street to the east.
SL-12...............................  Within area of multiple         None          +21  City of Sebastian.
                                       ponding areas bounded
                                       by Sebastian Boulevard
                                       to the north and west,
                                       Genesee Avenue to the
                                       south, and Laconia
                                       Street to the east.
SL-13...............................  Within area of multiple         None          +20  City of Sebastian.
                                       ponding areas bounded
                                       by Sebastian Boulevard
                                       to the north and west,
                                       Genesee Avenue to the
                                       south, and Laconia
                                       Street to the east.
SL-14...............................  Within area of multiple         None          +20  City of Sebastian.
                                       ponding areas bounded
                                       by Sebastian Boulevard
                                       to the north and west,
                                       Genesee Avenue to the
                                       south, and Laconia
                                       Street to the east.
SL-15...............................  Within area of multiple         None          +20  City of Sebastian.
                                       ponding areas bounded
                                       by Sebastian Boulevard
                                       to the north and west,
                                       Genesee Avenue to the
                                       south, and Laconia
                                       Street to the east.
SL-16...............................  Within area of multiple         None          +14  City of Sebastian.
                                       ponding areas bounded
                                       by Genesee Avenue to
                                       the north, Stony Point
                                       Drive to the west, and
                                       Stonecrop Street to
                                       the south and east.
SL-17...............................  Within area of multiple         None          +15  City of Sebastian.
                                       ponding areas bounded
                                       by Crystal Mist Avenue
                                       to the north, Laconia
                                       Street to the west,
                                       Concha Drive to the
                                       south, and Clearbrook
                                       Street to the east.

SL-18...............................  Within area of multiple         None          +19  City of Sebastian.
                                       ponding areas bounded
                                       by Benedictine Terrace
                                       to the north,
                                       Cheltenham Street to
                                       the west, Rolling Hill
                                       Drive to the south,
                                       and Cownie Lane to the
                                       east.
SL-19...............................  Within area of multiple         None          +20  City of Sebastian.
                                       ponding areas bounded
                                       by Belfast Terrace to
                                       the north, Haverford
                                       Lane to the west,
                                       Browning Terrace to
                                       the south, and
                                       Coverbrook Lane to the
                                       east.
Schumann Waterway...................  Approximately 250 feet          None          +15  City of Sebastian,
                                       downstream of Schumann                             Unincorporated Areas
                                       Drive.                                             of Indian River
                                                                                County.
                                      Approximately 0.7 mile          None          +23
                                       upstream of Schumann
                                       Drive.
Stream 1............................  Approximately 207 feet          None          +22  Unincorporated Areas of
                                       upstream of 14th                                   Indian River County.
                                       Street Southwest.
                                      Just upstream of 17th           None          +22
                                       Street Southwest.
Vero Lakes Channel A (Landward of     Just upstream of 85th           None          +20  Unincorporated Areas of
 Right Levee).                         Street.                                            Indian River County.
                                      Approximately 2.7 miles         None          +23
                                       upstream of 85th
                                       Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Sebastian
Maps are available for inspection at City Hall, 1225 Main Street, Sebastian, FL 32958.

                                   Unincorporated Areas of Indian River County
Maps are available for inspection at the Indian River County Administration Building, 1840 25th Street, Vero
 Beach, FL 32960.
----------------------------------------------------------------------------------------------------------------
                                  Boone County, Indiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Etter Ditch.........................  Approximately 530 feet          None         +914  Town of Whitestown,
                                       downstream of Wilson                               Unincorporated Areas
                                       Road.                                              of Boone County.
                                      Just upstream of                None         +928
                                       Indianapolis Road.
Fishback Creek......................  Approximately 0.53 mile         None         +897  City of Lebanon, Town
                                       downstream of County                               of Whitestown,
                                       Road 550 South.                                    Unincorporated Areas
                                                                                of Boone County.
                                      Approximately 0.61 mile         None         +949
                                       upstream of County
                                       Road 400 East.
Green Ditch.........................  At the confluence with          None         +916  Town of Whitestown.
                                       Etter Ditch.
                                      Just upstream of South          None         +922
                                       Cozy Lane.
Mann Ditch..........................  At the confluence with          +935         +932  City of Lebanon,
                                       Prairie Creek.                                     Unincorporated Areas
                                                                                of Boone County.
                                      Approximately 0.46 mile         +935         +933
                                       upstream of the
                                       confluence with
                                       Prairie Creek.
Prairie Creek.......................  Approximately 1,320             None         +875  City of Lebanon,
                                       feet downstream of                                 Unincorporated Areas
                                       221st Street.                                      of Boone County.
                                      Approximately 0.94 mile         +950         +945
                                       upstream of
                                       Indianapolis Road.
White Lick Creek....................  Approximately 0.22 mile         None         +929  Town of Whitestown,
                                       downstream of County                               Unincorporated Areas
                                       Road 650 South.                                    of Boone County.
                                      Approximately 0.53 mile         None         +947
                                       upstream of State Road
                                       267.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.

 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Lebanon
Maps are available for inspection at the Lebanon Municipal Building, 401 South Meridian Street, Lebanon, IN
 46052.

Town of Whitestown
Maps are available for inspection at the Town Hall, 3 South Main Street, Whitestown, IN 46075.

                                      Unincorporated Areas of Boone County
Maps are available for inspection at the Boone County Area Plan Commission, 116 West Washington Street, Lebanon,
 IN 46052.
----------------------------------------------------------------------------------------------------------------
                                Marshall County, Indiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Yellow River........................  At East 4th Road.......         None         +800  Unincorporated Areas of
                                                                                Marshall County.
                                      Approximately 0.57 mile         None         +800
                                       upstream of East 4th
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                     Unincorporated Areas of Marshall County
Maps are available for inspection at the Marshall County Government Office, 112 West Jefferson Street, Plymouth,
 IN 46563.
----------------------------------------------------------------------------------------------------------------
                                Perry County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Leaf River..........................  Approximately 0.6 mile          None          +89  Unincorporated Areas of
                                       downstream of State                                Perry County.
                                       Highway 15.
                                      Approximately 0.5 mile          None          +91
                                       upstream of State
                                       Highway 15.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                      Unincorporated Areas of Perry County
Maps are available for inspection at the Perry County Courthouse, 103 1st Street, New Augusta, MS 39462.
----------------------------------------------------------------------------------------------------------------

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

    Dated: October 15, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-27584 Filed 11-1-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Rules and Regulations]
[Pages 8693-8697]
[FR Doc No: 2021-02536]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2019-0695; FRL-10018-99-Region 1]

Air Plan Approval; Massachusetts; Infrastructure State
Implementation Plan Requirements for the 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) submission by the Commonwealth of
Massachusetts. Except as noted below, this submission satisfies the
infrastructure requirements of the Clean Air Act (CAA) for the 2015
ozone National Ambient Air Quality Standards (NAAQS). The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA. We are issuing a
finding of failure to submit pertaining to the various aspects of
infrastructure SIPs relating to the prevention of significant
deterioration (PSD). The Commonwealth has long been subject to a
Federal Implementation Plan (FIP) regarding PSD, thus the finding of
failure to submit will result in no sanctions or further FIP
requirements. In this action we do not address CAA section
110(a)(2)(D)(i)(I) requirements regarding interstate transport, because
we previously approved the Commonwealth's submission addressing these
requirements for the 2015 ozone standard. This action is being taken in
accordance with the Clean Air Act.

DATES: This rule is effective on March 11, 2021.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2019-0695. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, 5 Post Office
Square--Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding legal holidays and facility closures
due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, Air Quality Branch,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square--Suite 100, (Mail code 05-2), Boston, MA 02109-
3912, tel.<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On March 13, 2020, EPA published a notice of proposed rulemaking
(NPRM) (85 FR 14605) proposing to approve and a direct final rule (DFR)
(85 FR 14578) approving a SIP submission from the Commonwealth of
Massachusetts to address the infrastructure requirements of the Clean
Air Act for the 2015 ozone NAAQS. When EPA promulgates a new or revised
NAAQS, each state must submit a SIP submission, known as an
``infrastructure SIP'', in order to ensure that the state's SIP
provides for implementation, maintenance, and enforcement of the new or
revised NAAQS. The Massachusetts Department of Environmental Protection
(MassDEP) submitted the infrastructure SIP submission to EPA as a
formal SIP submission on September 27, 2018. In the DFR, EPA stated
that, if it received an adverse comment on the direct final proposal by
April 13, 2020, then the agency would withdraw that direct final and
issue a final rule based on the NPRM. EPA received one adverse comment
prior to the close of the comment period. Therefore, EPA withdrew the
DFR on May 12, 2020 (85 FR 27927). This action is a final rule based on
the NPRM.
    A detailed discussion of the Massachusetts September 27, 2018,
infrastructure SIP submission, and EPA's rationale for proposing
approval of the SIP submission appear in the DFR and we will not
restate that here, except to the extent relevant to our response to the
public comment on the proposal. EPA also received two requests to
extend the public comment period for the NPRM until after the COVID-19
pandemic is over. EPA is denying these extension requests, and the
reasons for this denial can be found in the docket for this rulemaking.

II. Response to Comment

    EPA received one adverse comment on the March 13, 2020, notice of
proposed rulemaking.
    Comment: ``EPA is also approving the state's SIP as having adequate
resources, how was EPA able to identify whether the state had adequate
resources before the COVID-19 outbreak and how can the outbreak not
affect the state's ability to continue having adequate resources? And
how is EPA sure the state has adequate enforcement abilities to carry
out its mission to protect environmental and human health after Trump's
EPA issued a BLANKET waiver to all environmental rules??? EPA can't
possibly think a state is able to enforce the state's rules in addition
to EPA's rules that Trump has declined to persecute [sic]. EPA can't
approve the state's ability to have adequate resources or adequate
funding or adequate enforcement if EPA's review is predicated on the
belief of pre-COVID-19 conditions will continue now.''
    Response: The comment provides little detail, but it appears to
raise three general issues. First, it asks how EPA was ``able to
identify whether the state had adequate resources'' before the COVID-19
pandemic. Second, it questions any conclusion that Massachusetts has
``adequate resources'' and ``adequate enforcement abilities'' in light
of the pandemic. And third, it asks how EPA can be sure that
Massachusetts has ``adequate enforcement abilities'' in light of what
the comment refers to as an EPA-issued ``BLANKET waiver to all
environmental rules.'' On the third issue, the comment does not
specifically identify an EPA ``waiver,'' but EPA assumes the commenter
refers to EPA's March 26, 2020, memorandum entitled ``COVID-19
Implications for EPA's Enforcement and Compliance Assurance Program''
(hereinafter, ``March 2020 memorandum'' or ``EPA Enforcement Memo'').
The comment does not identify a particular section (or sections) of the
Clean Air Act that it believes Massachusetts failed to satisfy but it
is reasonable to assume that the commenter is referring to the
requirements of sections 110(a)(2)(C) (pertaining to enforcement) and
section 110(a)(2)(E) (pertaining to state resources).
    As an initial matter, the purpose of an infrastructure SIP
submission is to demonstrate that the state's SIP contains the basic
program elements needed to implement, maintain, and enforce the
particular NAAQS at issue, in this case, the 2015 ozone NAAQS. If the
current SIP fails to satisfy these basic program elements then the
state should revise the existing SIP so that EPA may evaluate these
elements and approve them into the SIP, as appropriate. A SIP is
generally comprised of state regulations, statutes and other documents
used by the state that the EPA has approved as meeting applicable CAA
requirements. In the context of acting on infrastructure SIP
submissions, EPA evaluates the state's SIP submission to determine
whether the submission meets the applicable statutory requirements of
CAA sections 110(a)(1) and 110(a)(2) and the appropriate regulatory
requirements. EPA is not evaluating the state's implementation of its
SIP in this action. See Montana Envtl. Info. Ctr. v. Thomas, 902 F.3d
971 (9th Cir. 2018). EPA has other authority to address issues
concerning a state's implementation of the rules, regulations, consent
orders, etc. that comprise its SIP.
    EPA disagrees that it should disapprove the infrastructure SIP
submission for the ``enforcement'' sub-element of CAA
section110(a)(2)(C), the ``adequate resources'' requirement in CAA
section 110(a)(2)(E)(i), or both. Section 110(a)(2)(E)(i) of the Act
requires each SIP to provide ``necessary assurances that the State . .
. will have adequate personnel, funding, and authority under State . .
. law to carry out such implementation plan.'' Thus, under this
section, EPA evaluates a state's infrastructure SIP submission for
evidence that the state has provided necessary assurances that it has
adequate resources to carry out the SIP. Element E does not require the
EPA to conduct an audit of state resources or personnel. Nevertheless,
upon receiving this comment, EPA requested supplemental information
from MassDEP to provide more detail about Department staff and
resources. In this supplemental document, MassDEP states, ``MassDEP
resources to implement the SIP include staff and managers in the Bureau
of Air and Waste (BAW), including the Division of Air and Climate
Programs in MassDEP's Boston office (approximately 29 staff), the Air
Assessment Branch based in MassDEP's Wall Experiment Station laboratory
in Lawrence (approximately 23 staff), and the permitting and compliance
and enforcement (C&E) units in each of the four MassDEP regional
offices (approximately 55 staff).'' MassDEP further notes that these
numbers do not include additional staff in the separate legal,
research, and information technology units that also

support the Commonwealth's efforts carrying out the SIP.
    MassDEP staff and operations are funded by the Commonwealth and
through EPA grants, including annual funding through CAA sections 103
and 105 to assist with the costs of implementing programs for the
prevention and control of air pollution or implementation of national
primary and secondary ambient air quality standards. Massachusetts also
has an EPA-approved fee program under CAA title V which is used to
support title V program elements such as permitting, monitoring,
testing, inspections, and enforcement. MassDEP's budget has been
consistent over the past number of years and over these years
Massachusetts has been able to meet its statutory commitments under the
Act.\1\ MassDEP also reports that ``There are no plans that would
significantly alter these resources in the 5-year period following
submission of the Certification or beyond and therefore MassDEP expects
to have adequate resources to implement the SIP in the future.'' The
full supplemental submission from MassDEP can be found in the docket
for this rulemaking.
---------------------------------------------------------------------------

    \1\ https://budget.digital.mass.gov/summary/fy20/enacted/energy-and-environmental-affairs/environmental-protection/?tab=historical-spending.
---------------------------------------------------------------------------

    EPA explained in the DFR that Massachusetts' infrastructure SIP
submission documented that its air agency, MassDEP, has the requisite
authority and resources to carry out its SIP obligations. In
particular, Massachusetts General Laws c. 111, sections 142A to 142N,
provide MassDEP with the authority to carry out the state's
implementation plan. The Massachusetts SIP, as originally submitted in
1971 and subsequently amended, provides descriptions of the staffing
and funding necessary to carry out the plan. In the original and
supplemental submissions MassDEP has provided an adequate description
of its resources to allow EPA to assess that MassDEP has adequate
personnel and funding to carry out the SIP during the five years
following infrastructure SIP submission and in future years. Thus, with
respect to the first issue raised by the comment, EPA finds that
MassDEP has provided an adequate description of its staffing resources
and that this information, when considered together with the budget
information, is sufficient for EPA to conclude that the Commonwealth
has adequate personnel, funding, and authority under State law to meet
its SIP obligations sufficient to justify approval of the SIP submittal
for section 110(a)(2)(E)(i).
    With respect to the second issue, the commenter expresses concern
that the impacts of the ongoing COVID 19 pandemic can only result in
the Commonwealth having inadequate resources to meet its SIP
obligations. As explained above, MassDEP provides assurances in the
infrastructure SIP submission and supplemental document that it has
adequate personnel and funding to carry out the SIP during the five
years following the submission and in future years. We also note that
the Massachusetts' Governor's 2021 budget recommendation proposes a
similar level of funding for MassDEP as it has received in recent
years.\2\ Moreover, the Commonwealth receives federal grants under CAA
sections 103 and 105 to assist it in carrying out the SIP, and other
funding sources include permit fees and title V fees collected by
MassDEP. If the Commonwealth's implementation of its SIP is
substantially affected in the future by the pandemic, EPA has the
statutory authority under the CAA to address such issues through means
other than disapproving the infrastructure SIP submission at this time.
Based on the original SIP submission and supplemental information, EPA
finds that MassDEP has provided necessary information for EPA to
conclude that MassDEP has and will continue to have adequate personnel
and funding to carry out the SIP. For these reasons, EPA does not agree
that it must disapprove the infrastructure SIP submission for section
110(a)(2)(E)(i) in light of the pandemic.
---------------------------------------------------------------------------

    \2\ https://budget.digital.mass.gov/govbudget/fy21/appropriations/energy-and-environmental-affairs/environmental-protection?tab=budget-summary.
---------------------------------------------------------------------------

    Also, with respect to the second issue raised, the comment also
expresses concern that the Commonwealth will not have ``adequate
enforcement abilities'' in light of the pandemic. While the commenter
does not identify any particular infrastructure SIP requirement with
this claim, it is possible that the commenter may be objecting to EPA's
approval of the ISIP submittal for the enforcement sub-element of
section 110(a)(2)(C). This sub-element requires that each state's SIP
``include a program to provide for the enforcement of'' the emission
limits and control measures that the state air agency identified in its
submission for purposes of satisfying 110(a)(2)(A). In the DFR, EPA
explained that the Massachusetts SIP includes such a program. In
particular, EPA noted specific provisions of state law that authorize
MassDEP to adopt regulations to control air pollution, to enforce such
regulations and to assess penalties for non-compliance. EPA also
highlighted state regulations currently in the SIP. Thus, EPA explained
that the SIP includes a program to provide for the enforcement of SIP
measures. EPA acknowledges the COVID-19 pandemic has the potential to
impact the resources available to the state to maintain its program;
however, proposed level funding for FY2021 indicates that MADEP will
maintain their current program capability. EPA also notes that The
Commonwealth has been a leader among all states in being proactive to
address air quality concerns. Nevertheless, if an actual resources
problem were to develop, EPA has the statutory authority to address
such issues through means other than disapproving the infrastructure
SIP submission at this time.
    Finally, the commenter expresses concern that Massachusetts does
not have ``adequate enforcement abilities'' in light of what the
commenter characterizes as a ``blanket waiver'' by EPA of environmental
rules. EPA does not agree that the March 2020 memorandum is a ``blanket
waiver,'' \3\ but in any event the memorandum applies to EPA's own
enforcement activities, not a state's. See EPA Enforcement Memo at 1-2
(``Authorized states or tribes may take a different approach under
their own authorities.''). Therefore, it does not affect whether
Massachusetts has ``adequate enforcement abilities'' and does not
affect Massachusetts' ``program to provide for the enforcement of'' SIP
measures. Furthermore, on August 31, 2020, EPA terminated the temporary
policy described in the March 2020 memorandum. See COVID-19
Implications for EPA's Enforcement and Compliance Assurance Program:
Addendum on Termination, EPA (June 29, 2020). For these reasons, the
March 2020 memorandum is not a reason to disapprove the Massachusetts'
ISIP submittal for the enforcement sub-element in section 110(a)(2)(C).
---------------------------------------------------------------------------

    \3\ For instance, the memorandum does not apply to criminal
violations, imports, or activities that are carried out under
Superfund and RCRA Corrective Action enforcement instruments. EPA
Enforcement Memo at 2. Moreover, the enforcement discretion set
forth in the memorandum is temporary and is conditioned on regulated
entities making every effort to comply with their environmental
compliance obligations. Id.
---------------------------------------------------------------------------

    For the above reasons, EPA concludes that the comment does not
justify disapproving the Commonwealth's infrastructure SIP submittal
for the 2015 ozone NAAQS for compliance with the requirements of CAA
sections 110(a)(2)(C) or (E)(i).

III. Final Action

    EPA is approving most portions of the Massachusetts infrastructure
SIP submission for the 2015 ozone NAAQS. We are also issuing a finding
of failure to submit pertaining to the various infrastructure SIP
requirements that pertain to the prevention of significant
deterioration (PSD) program, i.e., section 110(a)(2)(C) sub-element 2,
the PSD portion of Sub-Element 2: Section 110(a)(2)(D)(i)(II)--PSD
(Prong 3), section 110(a)(2)(D)(ii) with respect to the PSD-related
notice of interstate pollution, section 110(a)(2)(J) sub-element 1 with
respect to the FLM consultation requirement for PSD permitting, and
section 110(a)(2)(J) sub-element 3 (PSD). The Commonwealth has long
been subject to a Federal Implementation Plan (FIP) regarding PSD, thus
the finding of failure to submit will result in no mandatory sanctions
or further FIP requirements. This rulemaking also does not include any
action on the interstate transport portion of the Commonwealth's
infrastructure SIP submission for the 2015 Ozone NAAQS, i.e., section
110(a)(2)(D). This action is being taken in accordance with the Clean
Air Act.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, 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);
     Is not an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866;
     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 Clean Air Act; 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 12, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 3, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart W--Massachusetts

0
2. In Sec.  52.1120(e), amend the table by adding an entry for
``Infrastructure SIP submittal for 2015 Ozone NAAQS'' at the end of the
table to read as follows:

 Sec.  52.1120   Identification of plan.

* * * * *
    (e) * * *

                                          Massachusetts Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                      Applicable        State submittal
   Name of non regulatory SIP        geographic or      date/effective     EPA approved date     Explanations
            provision             nonattainment area         date                 \3\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Infrastructure SIP submittal for  Statewide.........  September 27, 2018  February 9, 2021,   Approved with
 2015 Ozone NAAQS.                                                         [Insert Federal     respect to
                                                                           Register            requirements for
                                                                           citation].          CAA section
                                                                                110(a)(2)(A),
                                                                                (B), (C), (D),
                                                                                (E), (F), (G),
                                                                                (H), (J), (K),
                                                                                (L), and (M) with
                                                                                the exception of
                                                                                the PSD-related
                                                                                requirements of
                                                                                (C), (D), and
                                                                                (J).
----------------------------------------------------------------------------------------------------------------
\3\ To determine the EPA effective date for a specific provision listed in this table, consult the Federal
  Register notice cited in this column for the particular provision.

[FR Doc. 2021-02536 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 158 (Thursday, August 15, 2013)]
[Proposed Rules]
[Pages 49714-49716]
[FR Doc No: 2013-19763]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 312

[EPA-HQ-SFUND-2013-0513; FRL-9845-8]

Amendment to Standards and Practices for All Appropriate
Inquiries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to amend the Standards and Practices for All
Appropriate Inquiries to reference a standard practice recently made
available by ASTM International, a widely recognized standards
development organization. Specifically, EPA is proposing to amend the
All Appropriate Inquiries Final Rule to reference ASTM International's
E1527-13 ``Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process'' and allow for its use to
satisfy the requirements for conducting all appropriate inquiries under
the Comprehensive Environmental Response, Compensation, and Liability
Act.

DATES: Written comments must be received by September 16, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2013-0513 by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Superfund Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
     Hand Delivery: EPA Headquarters West Building, Room 3334,
located at 1301 Constitution Ave. NW., Washington, DC. Such deliveries
are only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The EPA Headquarters Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m. Eastern Standard Time, Monday
through Friday, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2013-0513. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Certain types of information claimed as CBI,
and other information whose disclosure is restricted by statute, will
not be available for public viewing in EPA's electronic public docket.
EPA's policy is that copyrighted material, such as ASTM International's
E1527-13 ``Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process'' will not be placed in EPA's
electronic public docket but will be publicly available only in printed
form in the official public docket. Publicly available docket materials
are available either electronically in www.regulations.gov or in hard
copy at the HQ EPA Docket Center, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room at this
docket facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding federal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the
Superfund Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For general information, contact the
CERCLA Call Center at<PHONE_NUMBER> or

TDD<PHONE_NUMBER> (hearing impaired). In the Washington, DC metropolitan
area, call<PHONE_NUMBER> or TDD<PHONE_NUMBER>. For more detailed
information on specific aspects of this rule, contact Rachel Lentz,
Office of Brownfields and Land Revitalization (5105T), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460-0002,<PHONE_NUMBER>, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION

I. Regulated Entities

    Today's action offers certain parties the option of using an
available industry standard to conduct all appropriate inquiries.
Parties purchasing potentially contaminated properties may use the ASTM
E1527-13 standard practice to comply with the all appropriate inquiries
requirements of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA). Today's proposed rule will not require any
entity to use this standard. Any party who wants to claim protection
from liability under one of CERCLA's landowner liability protections
may follow the regulatory requirements of the All Appropriate Inquiries
Final Rule at 40 CFR part 312, use the ASTM E1527-05, use the ASTM
E2247-08 ``Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process for Forestland or Rural
Property,'' or use the standard recognized in today's proposed rule,
the ASTM E1527-13 standard.
    Entities potentially affected by this action, or who may choose to
use the newly referenced ASTM standard to perform all appropriate
inquiries, include public and private parties who, as bona fide
prospective purchasers, contiguous property owners, or innocent
landowners, are purchasing potentially contaminated properties and wish
to establish a limitation on CERCLA liability in conjunction with the
property purchase. In addition, any entity conducting a site
characterization or assessment on a property with a brownfields grant
awarded under CERCLA Section 104(k)(2)(B)(ii) may be affected by
today's action. This includes state, local and Tribal governments that
receive brownfields site assessment grants. A summary of the
potentially affected industry sectors (by NAICS codes) is displayed in
the table below.

------------------------------------------------------------------------
                   Industry category                       NAICS Code
------------------------------------------------------------------------
Real Estate...........................................               531
Insurance.............................................             52412
Banking/Real Estate Credit............................             52292
Environmental Consulting Services.....................             54162
State, Local and Tribal Government....................    926110, 925120
Federal Government....................................   925120, 921190,
                                                                  924120
------------------------------------------------------------------------

    The list of potentially affected entities in the above table may
not be exhaustive. Our aim is to provide a guide for readers regarding
those entities that EPA is aware potentially could be affected by this
action. However, this action may affect other entities not listed in
the table. If you have questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding section entitled ``FOR FURTHER INFORMATION CONTACT.''

II. Why is EPA issuing this proposed rule?

    This document proposes to amend the All Appropriate Inquiries Final
Rule at 40 CFR part 312 to reference ASTM International's E1527-13
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process'' and allow for its use to
satisfy the requirements for conducting all appropriate inquiries under
CERCLA. We have published a direct final rule amending the All
Appropriate Inquiries Final Rule to reference the ASTM E1527-13
standard and allow for its use to comply with the final rule in the
``Rules and Regulations'' section of this Federal Register because we
view this as a noncontroversial action and anticipate no adverse
comment. We have explained our reasons for this action in the preamble
to the direct final rule.
    If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the direct final rule and it will not take effect. We will address all
public comments in any subsequent final rule based on this proposed
rule. We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.

III. Statutory Authority

    EPA is proposing to amend the All Appropriate Inquiries Final Rule
that sets federal standards for the conduct of ``all appropriate
inquiries'' at 40 CFR part 312. The All Appropriate Inquiries Final
Rule sets forth standards and practices necessary for fulfilling the
requirements of CERCLA section 101(35)(B) as required to obtain CERCLA
liability protection and for conducting site characterizations and
assessments with the use of brownfields grants per CERCLA section
104(k)(2)(B)(ii).

IV. Background

    On January 11, 2002, President Bush signed the Small Business
Liability Relief and Brownfields Revitalization Act (``the Brownfields
Amendments''). In general, the Brownfields Amendments to CERCLA provide
funds to assess and cleanup brownfields sites; clarifies existing and
establishes new CERCLA liability provisions related to certain types of
owners of contaminated properties; and provides funding to establish or
enhance State and Tribal cleanup programs. The Brownfields Amendments
revised some of the provisions of CERCLA Section 101(35) and limit
liability under Section 107 for bona fide prospective purchasers and
contiguous property owners, in addition to clarifying the requirements
necessary to establish the innocent landowner liability protection
under CERCLA. The Brownfields Amendments clarified the requirement that
parties purchasing potentially contaminated property undertake ``all
appropriate inquiries'' into prior ownership and use of property prior
to purchasing the property to qualify for protection from CERCLA
liability.
    The Brownfields Amendments required EPA to develop regulations
establishing standards and practices for how to conduct all appropriate
inquiries. EPA promulgated regulations that set standards and practices
for all appropriate inquiries on November 1, 2005 (70 FR 66070). In the
final regulation, EPA referenced, and recognized as compliant with the
final rule, the ASTM E1527-05 ``Standard Practice for Environmental
Site Assessments: Phase I Environmental Site Assessment Standard
Process.'' In December 2008, EPA amended the final rule to recognize
another ASTM standard as compliant with the direct final rule, ASTM
E2247-08 ``Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process for Forestland or Rural
Property.'' Therefore, the final rule (40 CFR part 312) allows for the
use of the ASTM E1527-05 standard or the ASTM E2247-08 standard to
conduct all appropriate inquiries, in lieu of following requirements
included in the final rule.
    Since EPA promulgated the All Appropriate Inquiries Final Rule
setting standards and practices for the conduct

of all appropriate inquiries, ASTM International published a revised
standard for conducting Phase I environmental site assessments. This
standard, ASTM E1527-13, ``Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process,'' was
reviewed by EPA, in response to a request for its review by ASTM
International, and determined by EPA to be compliant with the
requirements of the All Appropriate Inquiries Final Rule.
    With today's action, EPA is proposing to amend the all appropriate
inquiries final rule to allow for the use of the recently revised ASTM
standard, E1527-13, for conducting all appropriate inquiries, as
required under CERCLA for establishing the bona fide prospective
purchaser, contiguous property owner, and innocent landowner liability
protections.
    With today's action, parties seeking liability relief under
CERCLA's landowner liability protections, as well as recipients of
brownfields grants for conducting site assessments, will be considered
to be in compliance with the requirements for all appropriate
inquiries, if such parties comply with the procedures provided in the
ASTM E1527-13, ``Standard Practice for Environmental Site Assessments:
Phase I Environmental Site Assessment Process.'' EPA determined that it
is reasonable to make this determination based upon the Agency's
finding that the ASTM E1527-13 standard is compliant with the All
Appropriate Inquiries Final Rule.
    The Agency notes that today's action will not require any party to
use the ASTM E1527-13 standard. Any party conducting all appropriate
inquiries to comply with CERCLA's bona fide prospective purchaser,
contiguous property owner, and innocent landowner liability protections
may continue to follow the provisions of the All Appropriate Inquiries
Final Rule at 40 CFR part 312 or continue to use either the ASTM E1527-
05 standard or use the ASTM E2247-08 standard.
    In proposing today's action, the Agency is allowing for the use of
an additional recognized standard or customary business practice, to
comply with a federal regulation. Today's proposed action does not
require any person to use the newly revised standard. Today's proposed
action merely will allow for the use of the ASTM E1527-13 ``Standard
Practice for Environmental Site Assessments: Phase I Environmental Site
Assessment Process'' for those parties purchasing potentially
contaminated properties who want to use the ASTM E1527-13 standard in
lieu of the following specific requirements of the all appropriate
inquiries final rule.
    The Agency notes that there are no legally significant differences
between the regulatory requirements and the two ASTM E1527 standards.
To facilitate an understanding of the slight differences between the
All Appropriate Inquiries Final Rule, the ASTM E1527-05 Phase I
Environmental Site Assessment Standard and the revised ASTM E1527-13
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process,'' as well as the applicability
of the E1527-13 standard for certain types of properties, EPA
developed, and placed in the docket for today's proposed action, the
document ``Summary of Updates and Revisions to ASTM E1527 Standard
Practice for Environmental Site Assessments: Phase I Environmental Site
Assessment Process: How E1527-13 Differs from E1527-05.'' The document
provides a cross walk between the two ASTM E1527 standards.
    By proposing today's action, EPA is fulfilling the intent and
requirements of the National Technology Transfer and Advancement Act
(NTTAA).
    EPA's proposed action includes no changes to the All Appropriate
Inquiries Rule other than to add an additional reference to the new
ASTM E1527-13 standard. EPA is not seeking comments on the standards
and practices included in the final rule published at 40 CFR part 312.
Also, EPA is not seeking comments on the ASTM E1527-13 standard. EPA's
only action with today's proposed rule is recognition of the ASTM
E1527-13 standard as compliant with the final rule and, therefore, it
is only this action on which the Agency is seeking comment.

V. This Action

    EPA is proposing this action because the Agency wants to provide
additional flexibility for brownfields grant recipients or other
entities that may benefit from the use of the ASTM E1527-13 standard.
We believe that today's proposed action will allow for the use of a
tailored standard developed by a recognized standards developing
organization and that was reviewed by EPA and determined to be
equivalent to the Agency's final rule. Today's action does not disallow
the use of the previously recognized standards (ASTM E1527-05 or ASTM
E2247-08) and it will not alter the requirements of the previously
promulgated final rule. In addition, today's proposal potentially will
increase flexibility for some parties who may make use of the new
standard, without placing any additional burden on those parties who
prefer to use either the ASTM E1527-05 standard, the ASTM E2247-08 or
follow the requirements of the All Appropriate Inquiries Final Rule
when conducting all appropriate inquiries.

VI. Statutory and Executive Order Reviews

    For a complete discussion of all of the administrative requirements
applicable to this action, see the discussion in the ``Statutory and
Executive Order Reviews'' section to the preamble for the direct final
rule that is published in the Rules and Regulations section of this
Federal Register.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993) and
Executive Order 13563 (76 FR 3821, January 21, 2011), this proposed
action is not a ``significant regulatory action'' and is therefore not
subject to OMB review. This action merely amends the All Appropriate
Inquiries Final Rule to reference ASTM International's E1527-13
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process'' and allow for its use to
satisfy the requirements for conducting all appropriate inquiries under
CERCLA. This action does not impose any requirements on any entity,
including small entities. Therefore, pursuant to the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), after considering the economic
impacts of this action on small entities, I certify that this action
will not have a significant economic impact on a substantial number of
small entities.

List of Subjects in 40 CFR Part 312

    Administrative practice and procedure, Hazardous substances.

    Dated: August 5, 2013.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2013-19763 Filed 8-14-13; 8:45 am]
BILLING CODE 6560-50-P