[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63753-63757]
[FR Doc No: 2012-25557]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8251]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/fema/csb.shtm.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
Part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR Part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of

Executive Order 12866 of September 30, 1993, Regulatory Planning and
Review, 58 FR 51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.
    Accordingly, 44 CFR Part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for Part 64 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.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

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                                              Effective date
                                              authorization/
                                 Community    cancellation of    Current effective map     Date certain  Federal
      State and location            No.        sale of flood              date             assistance no longer
                                               insurance in                                 available in SFHAs
                                                 community
----------------------------------------------------------------------------------------------------------------
          Region III

Maryland:
    Annapolis, City of, Anne         240009  December 7,       October 16, 2012.........  October 16, 2012.
     Arundel County.                          1973, Emerg;
                                              November 4,
                                              1981, Reg;
                                              October 16,
                                              2012, Susp.
    Anne Arundel County,             240008  March 3, 1972,    *......do................   Do.
     Unincorporated Areas.                    Emerg; May 2,
                                              1983, Reg;
                                              October 16,
                                              2012, Susp.
    Highland Beach, Town of,         240161  July 31, 1975,    ......do.................   Do.
     Anne Arundel County.                     Emerg; November
                                              4, 1981, Reg;
                                              October 16,
                                              2012, Susp.
Pennsylvania:
    Alexandria, Borough of,          420481  June 1, 1973,     ......do.................   Do.
     Huntingdon County.                       Emerg; February
                                              1, 1980, Reg;
                                              October 16,
                                              2012, Susp.
    Barree, Township of,             421683  June 11, 1979,    ......do.................   Do.
     Huntingdon County.                       Emerg;
                                              September 10,
                                              1984, Reg;
                                              October 16,
                                              2012, Susp.
    Brady, Township of,              421684  November 25,      ......do.................   Do.
     Huntingdon County.                       1975, Emerg;
                                              February 17,
                                              1989, Reg;
                                              October 16,
                                              2012, Susp.
    Carbon, Township of,             421685  December 12,      ......do.................   Do.
     Huntingdon County.                       1977, Emerg;
                                              June 19, 1989,
                                              Reg; October
                                              16, 2012, Susp.
    Cass, Township of,               421686  January 21,       ......do.................   Do.
     Huntingdon County.                       1977, Emerg;
                                              November 1,
                                              1985, Reg;
                                              October 16,
                                              2012, Susp.
    Clay, Township of,               421687  April 25, 1977,   ......do.................   Do.
     Huntingdon County.                       Emerg; August
                                              16, 1988, Reg;
                                              October 16,
                                              2012, Susp.
    Coalmont, Borough of,            420484  April 26, 1977,   ......do.................   Do.
     Huntingdon County.                       Emerg; August
                                              3, 1989, Reg;
                                              October 16,
                                              2012, Susp.
    Cromwell, Township of,           421688  April 20, 1976,   ......do.................   Do.
     Huntingdon County.                       Emerg; December
                                              4, 1985, Reg;
                                              October 16,
                                              2012, Susp.
    Dublin, Township of,             421689  January 20,       ......do.................   Do.
     Huntingdon County.                       1978, Emerg;
                                              December 4,
                                              1985, Reg;
                                              October 16,
                                              2012, Susp.
    Dudley, Borough of,              421681  August 9, 1982,   ......do.................   Do.
     Huntingdon County.                       Emerg;
                                              September 24,
                                              1984, Reg;
                                              October 16,
                                              2012, Susp.
    Franklin, Township of,           422573  March 23, 1977,   ......do.................   Do.
     Huntingdon County.                       Emerg; February
                                              17, 1989, Reg;
                                              October 16,
                                              2012, Susp.
    Henderson, Township of,          420960  January 21,       ......do.................   Do.
     Huntingdon County.                       1974, Emerg;
                                              August 3, 1989,
                                              Reg; October
                                              16, 2012, Susp.
    Hopewell, Township of,           421690  April 25, 1979,   ......do.................   Do.
     Huntingdon County.                       Emerg; August
                                              15, 1989, Reg;
                                              October 16,
                                              2012, Susp.
    Huntingdon, Borough of,          420486  April 16, 1973,   ......do.................   Do.
     Huntingdon County.                       Emerg;
                                              September 29,
                                              1978, Reg;
                                              October 16,
                                              2012, Susp.
    Jackson, Township of,            421691  December 21,      ......do.................   Do.
     Huntingdon County.                       1978, Emerg;
                                              August 3, 1989,
                                              Reg; October
                                              16, 2012, Susp.
    Juniata, Township of,            421692  February 4,       ......do.................   Do.
     Huntingdon County.                       1976, Emerg;
                                              February 17,
                                              1989, Reg;
                                              October 16,
                                              2012, Susp.
    Logan, Township of,              421694  March 20, 1978,   ......do.................   Do.
     Huntingdon County.                       Emerg; August
                                              3, 1989, Reg;
                                              October 16,
                                              2012, Susp.
    Mapleton, Borough of,            420487  April 19, 1973,   ......do.................   Do.
     Huntingdon County.                       Emerg; July 5,
                                              1977, Reg;
                                              October 16,
                                              2012, Susp.
    Mill Creek, Borough of,          420488  August 22, 1975,  ......do.................   Do.
     Huntingdon County.                       Emerg; March 2,
                                              1989, Reg;
                                              October 16,
                                              2012, Susp.
    Miller, Township of,             421695  February 17,      ......do.................   Do.
     Huntingdon County.                       1977, Emerg;
                                              March 2, 1989,
                                              Reg; October
                                              16, 2012, Susp.
    Morris, Township of,             421696  August 9, 1982,   ......do.................   Do.
     Huntingdon County.                       Emerg; December
                                              4, 1985, Reg;
                                              October 16,
                                              2012, Susp.
    Mount Union, Borough of,         420489  November 10,      ......do.................   Do.
     Huntingdon County.                       1972, Emerg;
                                              July 18, 1977,
                                              Reg; October
                                              16, 2012, Susp.

    Oneida, Township of,             421697  March 14, 1975,   ......do.................   Do.
     Huntingdon County.                       Emerg; March 2,
                                              1989, Reg;
                                              October 16,
                                              2012, Susp.
    Orbisonia, Borough of,           421682  October 15,       ......do.................   Do.
     Huntingdon County.                       1975, Emerg;
                                              December 31,
                                              1982, Reg;
                                              October 16,
                                              2012, Susp.
    Penn, Township of,               421698  February 17,      ......do.................   Do.
     Huntingdon County.                       1976, Emerg;
                                              November 15,
                                              1985, Reg;
                                              October 16,
                                              2012, Susp.
    Petersburg, Borough of,          420490  August 3, 1976,   ......do.................   Do.
     Huntingdon County.                       Emerg; August
                                              15, 1989, Reg;
                                              October 16,
                                              2012, Susp.
    Porter, Township of,             421699  August 22, 1975,  ......do.................   Do.
     Huntingdon County.                       Emerg; March
                                              16, 1981, Reg;
                                              October 16,
                                              2012, Susp.
    Rockhill, Borough of,            422575  November 14,      ......do.................   Do.
     Huntingdon County.                       1975, Emerg;
                                              July 3, 1990,
                                              Reg; October
                                              16, 2012, Susp.
    Saltillo, Borough of,            420492  April 26, 1977,   ......do.................   Do.
     Huntingdon County.                       Emerg; October
                                              15, 1985, Reg;
                                              October 16,
                                              2012, Susp.
    Shirley, Township of,            421700  February 4,       ......do.................   Do.
     Huntingdon County.                       1976, Emerg;
                                              August 15,
                                              1989, Reg;
                                              October 16,
                                              2012, Susp.
    Shirleysburg, Borough of,        420493  June 1, 1976,     ......do.................   Do.
     Huntingdon County.                       Emerg; April
                                              15, 1986, Reg;
                                              October 16,
                                              2012, Susp.
    Smithfield, Township of,         420494  March 9, 1973,    ......do.................   Do.
     Huntingdon County.                       Emerg; March
                                              15, 1977, Reg;
                                              October 16,
                                              2012, Susp.
    Springfield, Township of,        421701  October 14,       ......do.................   Do.
     Huntingdon County.                       1975, Emerg;
                                              December 4,
                                              1985, Reg;
                                              October 16,
                                              2012, Susp.
    Spruce Creek, Township           422621  February 18,      ......do.................   Do.
     of, Huntingdon County.                   1975, Emerg;
                                              March 2, 1989,
                                              Reg; October
                                              16, 2012, Susp.
    Tell, Township of,               421702  October 15,       ......do.................   Do.
     Huntingdon County.                       1975, Emerg;
                                              June 11, 1982,
                                              Reg; October
                                              16, 2012, Susp.
    Three Springs, Borough           422576  March 17, 1977,   ......do.................   Do.
     of, Huntingdon County.                   Emerg; October
                                              1, 1982, Reg;
                                              October 16,
                                              2012, Susp.
    Todd, Township of,               421703  September 15,     ......do.................   Do.
     Huntingdon County.                       1975, Emerg;
                                              August 15,
                                              1989, Reg;
                                              October 16,
                                              2012, Susp.
    Union, Township of,              421704  July 21, 1982,    ......do.................   Do.
     Huntingdon County.                       Emerg; March 2,
                                              1989, Reg;
                                              October 16,
                                              2012, Susp.
    Walker, Township of,             422577  April 8, 1977,    ......do.................   Do.
     Huntingdon County.                       Emerg;
                                              September 10,
                                              1984, Reg;
                                              October 16,
                                              2012, Susp.
    Warriors Mark, Township          421705  November 22,      ......do.................   Do.
     of, Huntingdon County.                   1977, Emerg;
                                              March 2, 1989,
                                              Reg; October
                                              16, 2012, Susp.
    West, Township of,               421706  February 17,      ......do.................   Do.
     Huntingdon County.                       1976, Emerg;
                                              December 4,
                                              1985, Reg;
                                              October 16,
                                              2012, Susp.
    Wood, Township of,               421707  June 20, 1975,    ......do.................   Do.
     Huntingdon County.                       Emerg; November
                                              1, 1985, Reg;
                                              October 16,
                                              2012, Susp.
West Virginia:
    Falling Springs,                 540243  October 6, 1975,  ......do.................   Do.
     Corporation of (Town of                  Emerg;
     Renick), Greenbrier                      September 24,
     County.                                  1984, Reg;
                                              October 16,
                                              2012, Susp.
    Greenbrier County,               540040  June 24, 1975,    ......do.................   Do.
     Unincorporated Areas.                    Emerg; January
                                              15, 1988, Reg;
                                              October 16,
                                              2012, Susp.
    Rainelle, Town of,               540228  September 3,      ......do.................   Do.
     Greenbrier County.                       1975, Emerg;
                                              November 19,
                                              1987, Reg;
                                              October 16,
                                              2012, Susp.
    Ronceverte, City of,             540043  March 10, 1975,   ......do.................   Do.
     Greenbrier County.                       Emerg; May 17,
                                              1990, Reg;
                                              October 16,
                                              2012, Susp.
    Rupert, Town of,                 540044  January 24,       ......do.................   Do.
     Greenbrier County.                       1975, Emerg;
                                              August 24,
                                              1984, Reg;
                                              October 16,
                                              2012, Susp.
    White Sulphur Springs,           540045  November 20,      ......do.................   Do.
     City of, Greenbrier                      1974, Emerg;
     County.                                  August 1, 1978,
                                              Reg; October
                                              16, 2012, Susp.

          Region IV

Alabama:
    Chatom, Town of,                 010376  November 1,       ......do.................   Do.
     Washington County.                       1999, Emerg;
                                              September 29,
                                              2006, Reg;
                                              October 16,
                                              2012, Susp.
    Millry, Town of,                 010207  May 18, 2005,     ......do.................   Do.
     Washington County.                       Emerg;
                                              September 29,
                                              2006, Reg;
                                              October 16,
                                              2012, Susp.
    Washington County,               010302  January 12,       ......do.................   Do.
     Unincorporated Areas.                    1976, Emerg;
                                              August 1, 1987,
                                              Reg; October
                                              16, 2012, Susp.
           Region V

Indiana:
    Mecca, Town of, Parke            180330  December 21,      ......do.................   Do.
     County.                                  1978, Emerg;
                                              April 1, 1988,
                                              Reg; October
                                              16, 2012, Susp.

    Montezuma, Town of, Parke        180194  June 19, 1975,    ......do.................   Do.
     County.                                  Emerg; April 1,
                                              1988, Reg;
                                              October 16,
                                              2012, Susp.
    Parke County,                    180192  September 30,     ......do.................   Do.
     Unincorporated Areas.                    1988, Emerg; N/
                                              A, Reg; October
                                              16, 2012, Susp.
Michigan:
    Cedarville, Township of,         260659  N/A, Emerg; June  ......do.................   Do.
     Menominee County.                        24, 1993, Reg;
                                              October 16,
                                              2012, Susp.
    Gourley, Township of,            260455  October 23,       ......do.................   Do.
     Menominee County.                        1995, Emerg;
                                              November 5,
                                              2009, Reg;
                                              October 16,
                                              2012, Susp.
    Holmes, Township of,             260457  July 28, 1995,    ......do.................   Do.
     Menominee County.                        Emerg; November
                                              5, 2009, Reg;
                                              October 16,
                                              2012, Susp.
    Ingallston, Township of,         260660  N/A, Emerg;       ......do.................   Do.
     Menominee County.                        September 28,
                                              1979, Reg;
                                              October 16,
                                              2012, Susp.
    Mellen, Township of,             260692  June 9, 1993,     ......do.................   Do.
     Menominee County.                        Emerg; November
                                              5, 2009, Reg;
                                              October 16,
                                              2012, Susp.
    Menominee, City of,              260138  May 1, 1973,      ......do.................   Do.
     Menominee County.                        Emerg; August
                                              1, 1978, Reg;
                                              October 16,
                                              2012, Susp.
    Menominee, Township of,          260702  N/A, Emerg;       ......do.................   Do.
     Menominee County.                        January 7,
                                              1992, Reg;
                                              October 16,
                                              2012, Susp.
    Meyer, Township of,              260458  September 22,     ......do.................   Do.
     Menominee County.                        1995, Emerg;
                                              August 19,
                                              1997, Reg;
                                              October 16,
                                              2012, Susp.
    Spalding, Township of,           260461  July 28, 1995,    ......do.................   Do.
     Menominee County.                        Emerg; November
                                              5, 2009, Reg;
                                              October 16,
                                              2012, Susp.
    Stephenson, City of,             260139  August 7, 1973,   ......do.................   Do.
     Menominee County.                        Emerg; May 16,
                                              1977, Reg;
                                              October 16,
                                              2012, Susp.
Wisconsin:
    Elroy, City of, Juneau           550201  June 26, 1975,    ......do.................   Do.
     County.                                  Emerg;
                                              September 18,
                                              1991, Reg;
                                              October 16,
                                              2012, Susp.
    Juneau County,                   550580  July 3, 1975,     ......do.................   Do.
     Unincorporated Areas.                    Emerg;
                                              September 18,
                                              1991, Reg;
                                              October 16,
                                              2012, Susp.
    Mauston, City of, Juneau         550204  July 24, 1975,    ......do.................   Do.
     County.                                  Emerg;
                                              September 18,
                                              1991, Reg;
                                              October 16,
                                              2012, Susp.
    Necedah, Village of,             550205  N/A, Emerg;       ......do.................   Do.
     Juneau County.                           January 27,
                                              1992, Reg;
                                              October 16,
                                              2012, Susp.
    New Lisbon, City of,             550206  July 8, 1975,     ......do.................   Do.
     Juneau County.                           Emerg;
                                              September 18,
                                              1991, Reg;
                                              October 16,
                                              2012, Susp.
    Wonewoc, Village of,             550208  July 18, 1975,    ......do.................   Do.
     Juneau County.                           Emerg;
                                              September 30,
                                              1988, Reg;
                                              October 16,
                                              2012, Susp.
          Region VI

Oklahoma:
    Glenpool, City of, Tulsa         400208  February 6,       ......do.................   Do.
     County.                                  1975, Emerg;
                                              March 2, 1981,
                                              Reg; October
                                              16, 2012, Susp.
    Jenks, City of, Tulsa            400209  November 1,       ......do.................   Do.
     County.                                  1974, Emerg;
                                              February 17,
                                              1982, Reg;
                                              October 16,
                                              2012, Susp.
    Sand Springs, City of,           400211  August 5, 1974,   ......do.................   Do.
     Tulsa County.                            Emerg; June 15,
                                              1981, Reg;
                                              October 16,
                                              2012, Susp.
    Skiatook, Town of, Tulsa         400212  July 2, 1974,     ......do.................   Do.
     County.                                  Emerg; July 16,
                                              1980, Reg;
                                              October 16,
                                              2012, Susp.
    Sperry, Town of, Tulsa           400213  June 17, 1975,    ......do.................   Do.
     County.                                  Emerg; July 16,
                                              1981, Reg;
                                              October 16,
                                              2012, Susp.
    Tulsa County,                    400462  April 21, 1975,   ......do.................   Do.
     Unincorporated Areas.                    Emerg;
                                              September 16,
                                              1982, Reg;
                                              October 16,
                                              2012, Susp.
         Region VIII

Colorado:
    Grand Junction, City of,         080117  October 13,       ......do.................   Do.
     Mesa County.                             1978, Emerg;
                                              January 6,
                                              1983, Reg;
                                              October 16,
                                              2012, Susp.
    Mesa County,                     080115  July 26, 1973,    ......do.................   Do.
     Unincorporated Areas.                    Emerg; July 3,
                                              1978, Reg;
                                              October 16,
                                              2012, Susp.
          Region IX

California:
    Daly City, City of, San          060317  August 4, 1975,   ......do.................   Do.
     Mateo County.                            Emerg; July 31,
                                              1979, Reg;
                                              October 16,
                                              2012, Susp.
           Region X

Washington:
    Bucoda, Town of, Thurston        530189  February 10,      ......do.................   Do.
     County.                                  1975, Emerg;
                                              September 2,
                                              1981, Reg;
                                              October 16,
                                              2012, Susp.
    Lacey, City of, Thurston         530190  May 7, 1975,      ......do.................   Do.
     County.                                  Emerg; July 16,
                                              1980, Reg;
                                              October 16,
                                              2012, Susp.

    Olympia, City of,                530191  October 3, 1974,  ......do.................   Do.
     Thurston County.                         Emerg; February
                                              17, 1982, Reg;
                                              October 16,
                                              2012, Susp.
    Rainier, City of,                530260  N/A, Emerg;       ......do.................   Do.
     Thurston County.                         March 29, 1999,
                                              Reg; October
                                              16, 2012, Susp.
    Tenino, City of, Thurston        530302  February 18,      ......do.................   Do.
     County.                                  1975, Emerg;
                                              June 4, 1980,
                                              Reg; October
                                              16, 2012, Susp.
    Thurston County,                 530188  September 13,     ......do.................   Do.
     Unincorporated Areas.                    1974, Emerg;
                                              December 1,
                                              1982, Reg;
                                              October 16,
                                              2012, Susp.
    Tumwater, City of,               530192  December 18,      ......do.................   Do.
     Thurston County.                         1974, Emerg;
                                              August 1, 1980,
                                              Reg; October
                                              16, 2012, Susp.
    Yelm, City of, Thurston          530310  May 21, 1990,     ......do.................   Do.
     County.                                  Emerg; June 19,
                                              1999, Reg;
                                              October 16,
                                              2012, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: October 9, 2012.
Edward L. Connor,
Deputy Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-25557 Filed 10-16-12; 8:45 am]
BILLING CODE 9110-12-P


Summary of Comments and Responses for the Primary Aluminum Reduction
Plants

Source Category:  Risk and Technology Review, Phase II, Group 2

Advance Notice of Proposed Rulemaking (72 FR 14734, March 29, 2007)

Metals and Minerals Group

Sector Policies and Program Division

Office of Air Quality Planning and Standards

U.S. Environmental Protection Agency

November 16, 2009

INTRODUCTION

This document provides a summary of comments received for the Advance
Notice of Proposed Rulemaking (ANPR) for the Risk and Technology Review
for the Primary Aluminum Reduction Plants (72 FR 14734, March 29, 2007).
 It also includes comments on POM emissions and speciation solicited by
EPA from industry after the ANPR that was needed for the emissions
database to be used for future risk modeling for the proposed rule.  The
EPA responses to the comments follow the comments below, as appropriate.
 All commenters are listed in Table 1.  The majority of comments focused
on corrections to the National Emissions Inventory (NEI) database for
specific primary aluminum reduction plants.

Table 1.  List of Commenters for Primary Aluminum NESHAP ANPR and

Revised Emissions Modeling Database

ANPR Commenters

Commenter Number*-	Commenter	Affiliation

0013	Brian Galley	Pechiney Plastic Packaging, Inc.

0014	Tim Adamowicz	Ormet Primary Aluminum

0015, 0022	Sean Lane	Century Aluminum

0016	Jamie Coomes	ALCAN Primary Products

0017	Robert Strieter	The Aluminum Association

0018	Keith Overcash	North Carolina Department of Environment and Natural
Resources

0019	Brandy Albertson	Oregon Department of Environmental Quality

0020	David Shaw	New York State Department of Environmental Conservation

0021	Michael Palazzolo	ALCOA

0023	Michael Palazzolo	ALCOA

Commenters on Revised Emissions Modeling Database

0024**	Michael Palazzolo	ALCOA

0025**	Michael Palazzolo	ALCOA

0026**	Michael Palazzolo	ALCOA

0027	Michael Palazzolo	ALCOA

0028	Robert Strieter	The Aluminum Association

0029	Steve Wright	Columbia Falls Aluminum Company

0030	Michael Palazzolo	ALCOA

*  Docket numbers for these comments use the above 4 digits with the
prefix:  EPA-HQ-QAR-2002-0031-XXXX.

**  Test reports for sampling and analysis of polycyclic aromatic
hydrocarbons.

NATIONAL EMISSION INVENTORY (NEI) COMMENTS

General Inventory Comments

Comment:  All of the commenters shown in Table 1 above provided changes
to the NEI database, and the most extensive changes were requested by
Commenter 0021, whose company owns or operates 10 of the 16 primary
aluminum plants in the U.S.

Examples of changes provided by Commenter 0021 for the NEI database
include:

Identifying plants, potlines, and other operations that have shut down;

Removing emission points and emissions associated with secondary
aluminum production; and

Correcting stack gas parameters, stack diameters and heights, stack
latitudes and longitudes.

Response:  The changes provided by the commenters were reviewed, and
changes were made to update the NEI based on the corrected site-specific
data from the commenters, as detailed in Appendix A.  We also
investigated other deficiencies in the NEI database identified by the
commenters and gathered information to fill in data gaps.  A listing of
these other improvements made to the NEI database, in large part due to
observations of reviewers and commenters, are also noted in Appendix A.

Comment:  Commenters 0017 and 0021 claimed that the preliminary risk
review incorrectly identified HCl and mercury as key pollutants causing
potential health risks from primary aluminum plants.  The commenters
noted that emissions of HCl are more commonly associated with secondary
aluminum processes, and emissions of mercury are associated with
coal-fired power plants.

Response:  We have confirmed that the HCl emissions in the preliminary
analysis were from secondary aluminum production, and we have removed
secondary aluminum emissions from the primary aluminum database.  We
also confirmed that a majority of the mercury emissions were from a
coal-fired power plant co-located with a primary aluminum facility;
these mislabeled emissions have been removed from the modeling database.

Comment:   Two commenters (0027, 0028) recommended using 100 percent
utilization of capacity to estimate both “actual” and
“allowable” emissions.  The commenters explained that although a few
plants are operating at less than 100 percent due to current economic
conditions, many are operating at 100 percent, and those that are not
will increase to 100 percent in future years as economic conditions
improve.

Response: EPA agrees with the commenters, since using an industry-wide
average of 76 percent utilization could underestimate emissions for many
plants.  Therefore, POM and other emission estimates will be based 100
percent utilization of capacity.

Comment:  Commenter 0021 stated that even with the extended comment
period, there was not enough time to fully review and update the NEI
database.  The commenter asked that EPA not preclude the submission of
supplemental data after the end of the comment period.

Response:  We continued to work with this commenter, as well as other
industry representatives and the trade association, after the end of the
comment period.  The commenter continued to provide additional data from
his company’s environmental professionals, and we have incorporated
these improvements into the database.  As noted below, additional
opportunities were provided for industry representatives to review the
changes made to the database with a particular emphasis on filling in
data gaps for emissions of POM species.

Polycyclic Organic Matter (POM) Comments

Comment:  Commenter 0021 provided speciated data for polycyclic organic
matter (POM), corrected emission estimates, added emission estimates
that were missing, and separated total emissions to identify emissions
from individual potlines and roof vents.

Comment:  Commenter 0020 said that POM emissions were not included for
two plants in their State and asked that the POM emission estimates be
added.

Response:  The data provided by the commenters, above, indicated that
many plants had not included emissions of POM species.  EPA compiled
data for POM species for the different types of processes, developed
emission factors, and applied these factors to estimate emissions for
POM species.  The methodology and estimates were sent to industry
representatives and the trade association for their review.  Revisions
were made by EPA based on their review comments, and the POM database
was sent for a second review.  We incorporated the few minor additional
comments received from one company during the second review (0030).

Comment:  One commenter (0027) submitted test results to estimate POM
emissions from horizontal stud Soderberg (HSS) plants.  (See Docket Item
0025.)

Response:  EPA has replaced the estimated POM emissions from the HSS
plant based on the comments, since the commenter (ALCOA) has the only
existing HSS plant, and the test results are specifically for that
plant.  The data used previously in the EPA estimates were from a plant
that has permanently closed.

Comment:  One commenter (0029) submitted POM estimates for vertical stud
Soderberg (VSS) plants.  This facility is the only VSS plant currently
operating.  The data were based on several years of site-specific
testing results submitted by the facility for methylene chloride soluble
organics (MCSO), which are the surrogates used for POM.

Response:  EPA adjusted the POM estimates for vertical stud Soderberg
(VSS) plants, since this facility is the only VSS plant currently
operating.

MODELLING COMMENTS

Comment:  Commenters 0017 and 0021 said that EPA’s use of AERMOD to
evaluate risk from potline fugitive emissions is inappropriate because
it does not contain or make use of the Buoyant Line and Point (BLP)
source algorithms required to properly model 300-m long roof vents with
multiple emission points.  The commenters recommended using the BLP or
CALPUF models.

Response:  These initial ANPR results are a screening assessment.  If
needed, EPA will look at some facilities on a more refined level, such
as using BLP, before we get to the final rulemaking phase of the
residual risk analysis.  The EPA took a similar approach for the coke
ovens rulemaking to use the BLP to predict plume rise for coke
batteries.  Also, EPA has some strategies for entering data from line
sources so that the air model represents them accurately:  split the
emissions into a group of points so that the plume rise from the hot
plumes can be captured; and/or modify the NEI emission inventory input
file with a change to the model source inputs and make it as multiple
area or point source release points to better represent a line source
emission.

RISK ASSESSMENT COMMENTS

Comment:  Commenters 0017 and 0021 stated that it was not appropriate to
multiply the average emission rate by a factor of 10 to evaluate acute
(1-hr) exposures.  The commenters said that potroom control devices,
paste plants and anode bake furnaces are steady state operations,
emissions that do not vary much from average values, and no safety
factor should be applied.  However, the commenter also stated that
emissions increase from potroom vents during carbon setting and metal
tapping and recommended a factor of 4 to 6 times the average to estimate
hourly roof emissions.

Response:  The suggestions for acute exposure factors suggested by the
commenters will be used by the EPA to develop the factors to be used in
the risk analysis performed for the proposed rule.  The initial factor
used by EPA for the ANPR risk analysis was a default that was considered
reasonable in the absence of industry-specific information.  The public
will have additional opportunity to comment on the factors used by EPA
in the proposal comment period.

Comment:  Commenter 0020 recommended that the risk evaluation be based
on the facility’s actual maximum emissions if not potential emissions.
 The commenter cited an example of one plant that reported carbonyl
sulfide emissions of 173 tons per year in the 2002 NEI whereas the
Toxics Release Inventory (TRI) shows 285 tons per year.  The commenter
also said that another plant had similar stack emissions reported in
both the NEI and TRI; however, the fugitive emissions in the TRI were 20
times greater than those reported in the NEI.

Response:  We plan to perform more refined modeling based on both
“actual” emissions as reported by the companies and States, and
“allowable” emissions, which are the maximum emissions permitted
under the current regulations.  The maximum or “potential” emissions
recommended by the commenter are comparable to the allowable emission
estimates.Appendix A

Details of Revisions to the NEI Database for Primary Aluminum

Based on ANPR Comments and Subsequent Industry Review and Comment

on the Modeling Database

Incorporated changes in emission points, stack characteristics,
locations, etc., according to facility comments.

Corrected facility names, facility operating status, and operating
parameters:

Deleted Reynolds (Troutdale) and Northwest Aluminum because they have
permanently closed.

Deleted Alcan Packaging because it is not an aluminum plant.

Updated name changes for mostly ALCOA acquisitions, and Century
Aluminum.

Adjusted the capacity of the ALCOA plant in Badin, NC to 60,000 metric
tons/year because one of the potlines has been permanently shut down.

Revised (upwards) the aluminum and paste plant capacities for Columbia
Falls based on their comments.

Changed the tons anode per ton aluminum ratio from 0.5 to 0.57 tons
anode/ton aluminum based on comments from the Aluminum Association and
ALCOA.

Checked emission points for completeness, e.g., most were missing the
paste plant.  Added emission units that were missing.

Information for three plants was particularly incomplete:  Columbia
Falls (only one emission point entry, unidentifiable); Century Aluminum
in WV; and Lake Charles Carbon.  EPA obtained their Title V permits and
entered emission point data that were available.

Removed emissions for a paste plant at ALCOA (West) Massena, NY, because
it is no longer operating since the facility now purchases anodes from a
company in Canada.

Reviewed and corrected the default stack characteristics for
reasonableness:

Revised several default entries that had stack diameters of 0.003 ft and
5,060 ft, which did not seem reasonable.

Compiled stack characteristics by type of process and averaged them.
Filled in any missing stack characteristics with the overall averages
for height, temperature, diameter, and velocity.  Calculated volumetric
flow from diameter and linear velocity to be consistent.

Commenter 0030 provided latitude and longitude data for potroom roof
vents for several ALCOA plants.

Developed emission factors and estimates of POM species for the
different types of processes.  Industry representatives and the trade
association provided review.  The following changes were made based on
the review comments:

Revised the POM emission estimates on 100% utilization of capacity.

Used test results submitted by ALCOA to estimate POM emissions from
horizontal stud Soderberg (HSS) plants.

Adjusted the POM estimates for Columbia Falls Aluminum’s VSS facility
based on several years of site-specific testing results provided by the
facility.

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