Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Rules and Regulations 82269 

Utah 

* * * * * 

(c) For any permitting program located in 

the State, insofar as the permitting threshold 

provisions concern the treatment of sources 

of GHG emissions as major sources for 

purposes of title V, EPA approves such 

provisions only to the extent they require 

permits for such sources where the source 

emits or has the potential to emit at least 

100,000 tpy CO2e, as well as 100 tpy on a 

mass basis, as of July 1, 2011. 

Vermont 

* * * * * 

(c) For any permitting program located in 

the State, insofar as the permitting threshold 

provisions concern the treatment of sources 

of GHG emissions as major sources for 

purposes of title V, EPA approves such 

provisions only to the extent they require 

permits for such sources where the source 

emits or has the potential to emit at least 

100,000 tpy CO2e, as well as 100 tpy on a 

mass basis, as of July 1, 2011. 

Virgin Islands 

* * * * * 

(c) For any permitting program located in 

the State, insofar as the permitting threshold 

provisions concern the treatment of sources 

of GHG emissions as major sources for 

purposes of title V, EPA approves such 

provisions only to the extent they require 

permits for such sources where the source 

emits or has the potential to emit at least 

100,000 tpy CO2e, as well as 100 tpy on a 

mass basis, as of July 1, 2011. 

Virginia 

* * * * * 

(c) For any permitting program located in 

the State, insofar as the permitting threshold 

provisions concern the treatment of sources 

of GHG emissions as major sources for 

purposes of title V, EPA approves such 

provisions only to the extent they require 

permits for such sources where the source 

emits or has the potential to emit at least 

100,000 tpy CO2e, as well as 100 tpy on a 

mass basis, as of July 1, 2011. 

Washington 

* * * * * 

(j) For any permitting program located in 

the State, insofar as the permitting threshold 

provisions concern the treatment of sources 

of GHG emissions as major sources for 

purposes of title V, EPA approves such 

provisions only to the extent they require 

permits for such sources where the source 

emits or has the potential to emit at least 

100,000 tpy CO2e, as well as 100 tpy on a 

mass basis, as of July 1, 2011. 

West Virginia 

* * * * * 

(f) For any permitting program located in 

the State, insofar as the permitting threshold 

provisions concern the treatment of sources 

of GHG emissions as major sources for 

purposes of title V, EPA approves such 

provisions only to the extent they require 

permits for such sources where the source 

emits or has the potential to emit at least 

100,000 tpy CO2e, as well as 100 tpy on a 

mass basis, as of July 1, 2011. 

Wisconsin 

* * * * * 

(c) For any permitting program located in 

the State, insofar as the permitting threshold 

provisions concern the treatment of sources 

of GHG emissions as major sources for 

purposes of title V, EPA approves such 

provisions only to the extent they require 

permits for such sources where the source 

emits or has the potential to emit at least 

100,000 tpy CO2e, as well as 100 tpy on a 

mass basis, as of July 1, 2011. 

* * * * * 

[FR Doc. 2010–32757 Filed 12–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R04–OAR–2010–0392(a); FRL–9246– 

6] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; State of Florida; Control of 

Large Municipal Waste Combustor 

(LMWC) Emissions From Existing 

Facilities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule; notice of 

administrative change. 

SUMMARY: EPA is approving the Clean 

Air Act (CAA) section 111(d)/129 State 

Plan (the Plan) submitted by the Florida 

Department of Environmental Protection 

(FDEP) for the State of Florida on July 

12, 2007, for implementing and 

enforcing the Emissions Guidelines 

(EGs) applicable to existing Large 

Municipal Waste Combustors (LMWCs). 

These EGs apply to municipal waste 

combustors with a capacity to combust 

more than 250 tons per day of 

municipal solid waste (MSW). 

DATES: This direct final rule is effective 

February 28, 2011 without further 

notice, unless EPA receives adverse 

comment by January 31, 2011. If EPA 

receives such comments, it will publish 

a timely withdrawal of the direct final 

rule in the Federal Register and inform 

the public that the rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R04–OAR–2010–0392 by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: garver.daniel@epa.gov. 

3. Fax: (404) 562–9095. 

4. Mail: EPA–R04 OAR–2010–0392, 

Daniel Garver, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303. 

5. Hand Delivery or Courier: Mr. 

Daniel Garver, Air Toxics Assessment 

and Implementation Section, Air Toxics 

and Monitoring Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW, 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 am to 4:30 pm, excluding 

federal holidays. 

Instructions: Direct your comments to 

Docket ID Number EPA–R04–OAR– 

2010–0392. EPA’s policy is that all 

comments received will be included in 

the public docket without change, and 

may be made available online at 

http://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 http:// 

www.regulations.gov or e-mail. The 

http://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 e-mail comment directly 

to EPA without going through 

www.regulations.gov, your e-mail 

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 

electronic docket are listed in the 

http://www.regulations.gov index. 

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 


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82270 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Rules and Regulations 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Toxics Assessment and 

Implementation Section, Air Toxics and 

Monitoring Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person 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 am to 4:30 

pm, excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Garver, Air Toxics Assessment 

and Implementation Section, Air Toxics 

and Monitoring Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9839. 

Mr. Garver can also be reached via 

electronic mail at 

garver.daniel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Review of Florida’s Municipal Waste 

Combustor (MWC) Plan Revision 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Section 129(a)(5) of the CAA requires 

EPA to conduct a 5-year review of the 

solid waste incinerator new source 

performance standards (NSPS) and 

emission guidelines (EGs) and revise 

both, as appropriate. Accordingly, in the 

May 10, 2006, edition of the Federal 

Register, EPA promulgated revised 

LMWC rules under sections 111 and 129 

of the CAA. Section 129(b)(2) of the 

CAA requires states to submit to EPA for 

approval state plans and revisions that 

implement and enforce the amended 

EGs, in this case, 40 CFR part 60, 

subpart Cb. State plans and revisions 

must be at least as protective as the EGs, 

and become federally enforceable as a 

section 111(d)/129 plan revision upon 

approval by EPA. The procedures for 

adoption and submittal of state plans 

and revisions are codified in 40 CFR 

part 60, subpart B. 

II. Review of Florida’s MWC Plan 

Revision 

The required Florida 111(d)/129 Plan 

revision was submitted by FDEP to EPA 

on July 12, 2007. EPA has reviewed the 

plan revision for existing LMWC units 

in the context of the requirements of 40 

CFR part 60, and subparts B and Cb, as 

amended. State plans must include the 

following nine essential elements: (1) 

Identification of legal authority, (2) 

identification of mechanism for 

implementation, (3) inventory of 

affected facilities, (4) emissions 

inventory, (5) emissions limits, (6) 

compliance schedules, (7) testing, 

monitoring, recordkeeping, and 

reporting, (8) public hearing records, 

and (9) annual state progress reports on 

facility compliance. 

A. Identification of Legal Authority 

Federal regulations found at 40 CFR 

60.26 require the plan to demonstrate 

that the State has legal authority to 

adopt and implement the emission 

standards and compliance schedules. 

FDEP has demonstrated that it has the 

legal authority to adopt and implement 

the emission standards and compliance 

governing MWC emissions. FDEP’s legal 

authority is derived from state law 

found at Florida Statutes (F.S.) Sec. 

403.031 (Definitions), F.S. Sec. 403.061 

(Department powers and duties), F.S. 

Sec. 403.0872 (Title V air operating 

permits), and F.S. Sec. 403.8055 

(Authority to adopt federal standards by 

reference). F.S. Subsections 403.061(6), 

(7), (8), and (13) give the authority for 

obtaining information and for requiring 

recordkeeping, and use of monitors. F.S. 

Subsection 403.061(35) gives the 

department authority to exercise the 

duties, powers, and responsibilities 

required of the State under the CAA. 

The sections of the Florida Statutes that 

give authority for compliance and 

enforcement authority are 403.121 

(Judicial and administrative remedies), 

F.S. Sec. 403.131 (Injunctive relief), F.S. 

Sec. 403.141 (Civil remedies), and 

403.161 (Civil and criminal penalties) 

Finally, F.S. Sec. 119.07 is the authority 

for making the information available to 

the public. Furthermore, FDEP has 

submitted and EPA has approved a 

previous Florida 111(d)/129 Plan for 

LMWCs that demonstrate the required 

legal authority (40 CFR 62.2355). 

Therefore, the Plan meets the 

requirements of 40 CFR 60.26. 

B. Identification of Enforceable State 

Mechanisms for Implementing the Plan 

The subpart B provision at 40 CFR 

60.24(a) requires that state plans include 

emissions standards, defined 40 CFR 

60.21(f) as ‘‘a legally enforceable 

regulation setting forth an allowable rate 

of emissions into the atmosphere, or 

prescribing equipment specifications for 

control of air pollution emissions.’’ 

Florida Administrative Code (F.A.C.) 

Chapter 62–204.800, ‘‘Federal 

Regulations Adopted by Reference’’ has 

been amended to incorporate revisions 

to subpart Cb. These amendments to 

F.A.C. Rule 62–204.800(8) and (9), for 

Standards of Performance for New 

Stationary Sources and Emission 

Guidelines and Compliance Times, 

respectively, were proposed on April 6, 

2007, and became effective on May 31, 

2007. These rules meet the requirement 

of 40 CFR 60.24(a) to have a legally 

enforceable emission standard. 

C. Inventory of Affected MWC Units 

Federal regulations found at 40 CFR 

60.25(a) require the plan to include a 

complete source inventory of all LMWC 

units. FDEP has identified ten (10) 

affected facilities. An affected facility is 

not exempt from applicable sections 

111(d)/129 requirements because it is 

not listed in the inventory compiled by 

FDEP. The affected facilities identified 

by FDEP are shown in the table below: 

Facility name City 

Lake County Resource Recovery .............................................................................................................................................. Okahumpka. 

Pasco County Solid Waste ........................................................................................................................................................ Hudson. 

Hillsborough County Resource Recovery .................................................................................................................................. Tampa. 

McKay Bay Refuse-to-Energy ................................................................................................................................................... Tampa. 

Pinellas Resource Recovery ...................................................................................................................................................... St. Petersburg. 

Lee County Resource Recovery ................................................................................................................................................ Fort Myers. 

Palm Beach Solid Waste Authority ............................................................................................................................................ West Palm Beach. 

North Broward County Resource Recovery .............................................................................................................................. Pompano Beach. 

South Broward County Resource Recovery .............................................................................................................................. Fort Lauderdale. 

Dade County Resource Recovery ............................................................................................................................................. Miami. 


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Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Rules and Regulations 82271 

D. Inventory of Emissions From Affected 

MWC Units 

Federal regulations found at 40 CFR 

60.25(a) require that the plan include an 

emissions inventory that estimates 

emissions of the pollutant regulated by 

the EGs. Emissions from MWC units 

contain organics (dioxin/furans), metals 

(cadmium, lead, mercury, particulate 

matter, opacity), and acid gases 

(hydrogen chloride, sulfur dioxide, and 

nitrogen oxides). FDEP submitted a 

supplement to its 111(d)/129 Plan to 

EPA on September 30, 2009. This 

supplement contains MWC unit 

emissions rates for each regulated 

pollutant for each designated facility 

based on the most recent stack test data. 

This meets the emission inventory 

requirements of 40 CFR 60.25(a). 

E. Emissions Limitations for MWC Units 

Federal regulations found at 40 CFR 

60.24(c) specify that the state plan or 

revision must include emission 

standards that are no less stringent than 

the EGs, except as specified in 40 CFR 

60.24(f), which allows for less stringent 

emission limitations on a case-by-case 

basis if certain conditions are met. This 

exception clause is superseded by 

section 129(b)(2) of the CAA, which 

requires that state plans be ‘‘at least as 

protective’’ as the EGs. Since F.A.C. Rule 

62–204.800(9) b.3.a. through i., 

specifically adopts by reference the EGs 

contained in 40 CFR part 60 subpart Cb, 

the emission standards are ‘‘at least as 

protective’’ as those in subpart Cb, as 

amended. 

F. Compliance Schedules 

Federal regulations found at 40 CFR 

60.24(c) and (e), require that a state plan 

must include an expeditious 

compliance schedule that owners and 

operators of affected MWC units must 

meet in order to comply with the 

requirements of the plan. F.A.C. Rule 

62–204.800(9) b.3.a. through i., 

specifically adopts by reference the 

compliance schedules listed in 40 CFR 

60.33b. The Plan revision meets 

applicable Federal requirements for 

compliance schedules. 

G. Testing, Monitoring, Recordkeeping, 

and Reporting Requirements 

The provisions of subpart B, 40 CFR 

60.24(b) and 60.25(b), stipulate facility 

testing, monitoring, recordkeeping and 

reporting requirements for state plans. 

F.A.C. Rule 62–204.800(9)b.7., and 8., 

adopts by reference the monitoring, 

recordkeeping, and reporting 

requirements found at 40 CFR 60.58b 

and 60.59b, respectively. The Plan 

revision meets applicable Federal 

requirements for testing, monitoring, 

recordkeeping, and reporting 

requirements. 

H. A Record of Public Hearing on the 

State Plan Revision 

A public hearing on the plan revision 

was held on April 27, 2007. Applicable 

portions of F.A.C. Chapter 62–204.800, 

amendments became effective on May 

31, 2007. FDEP provided evidence of 

complying with public notice and other 

hearing requirements, including a 

record of public comments received. 

FDEP also certified that ‘‘the public 

notice and hearing requirements of all 

applicable state and federal regulations 

have been satisfied with respect to this 

submittal.’’ FDEP has met the 

requirement of 40 CFR 60.23 for a 

public hearing. 

I. Annual State Progress Reports to EPA 

FDEP must submit to EPA on an 

annual basis a report which details the 

progress in the enforcement of the plan 

in accordance with 40 CFR 60.25(e) and 

(f). Accordingly, FDEP will submit 

annual reports on progress in plan 

enforcement to EPA on an annual 

(calendar) basis, commencing with the 

first full report period after plan 

revision approval. 

III. Final Action 

Based upon the rationale discussed 

above, EPA is approving the Florida 

Plan revision and related F.A.C. Rule 

62–204.800(9) amendments, as adopted 

on May 31, 2007. This approval 

excludes certain authorities retained by 

EPA, and as stated in 40 CFR 60.30b(b) 

and 60.50b(n). As required by 40 CFR 

60.28(c), any revisions to the Florida 

Plan or supporting regulations will not 

be considered part of the applicable 

plan until submitted by FDEP in 

accordance with 40 CFR 60.28(a) or (b), 

as applicable, and until approved by 

EPA in accordance with 40 CFR part 60, 

subpart B, requirements. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comments. This action simply reflects 

already existing Federal requirement for 

state air pollution control agencies and 

existing LMWC units that are subject to 

the provisions of 40 CFR part 60, 

subpart Cb and related subpart Eb. 

However, in the ‘‘Proposed Rules’’ 

section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the section 111(d)/ 

129 Plan revision should relevant 

adverse or critical comments be filed. 

This rule will be effective January 31, 

2011 without further notice unless EPA 

receives adverse comments by January 

31, 2011. If EPA receives adverse 

comments, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule did 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on the proposed rule. The 

EPA will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. If no such comments 

are received, the public is advised that 

this rule will be effective on February 

28, 2011 and no further action will be 

taken on the proposed rule. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a 111(d)/129 plan 

submission that complies with the 

provisions of the CAA and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing 

111(d)/129 plan submissions, EPA’s role 

is to approve state choices, provided 

that they meet the criteria of the CAA. 

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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 


srobinson on DSKHWCL6B1PROD with RULES
82272 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Rules and Regulations 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the 111(d)/ 

129 Plan is not approved to apply in 

Indian country located in the state, and 

EPA notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 28, 2011. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: November 8, 2010. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 62, subpart K, is amended 

as follows: 

PART 62—[AMENDED] 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart K—Florida 

■ 2. Section 62.2355 is revised to read 

as follows: 

§ 62.2355 Identification of sources. 

(a) The plan applies to existing 

facilities with a municipal waste 

combustor (MWC) unit capacity greater 

than 250 tons per day of municipal solid 

waste (MSW), and for which 

construction, reconstruction, or 

modification was commenced on or 

before July 12, 2007. 

(b) On July 12, 2007, Florida 

submitted a revised State plan and 

related Florida Administrative Code 

amendments as required by 40 CFR part 

60, subpart Cb, amended on May 10, 

2006. 

(c) The plan is effective as of May 31, 

2007. 

[FR Doc. 2010–32971 Filed 12–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1162] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 

newspaper of local circulation, any 

person has ninety (90) days in which to 

request through the community that the 

Deputy Federal Insurance and 

Mitigation Administrator reconsider the 

changes. The modified BFEs may be 

changed during the 90-day period. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–4064, or (e-mail) 

luis.rodriguez1@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or new scientific or technical 

data. 

The modifications are made pursuant 

to section 201 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These 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 


srobinson on DSKHWCL6B1PROD with RULES