: Upgrades needed for the Applicant’s Facility to comply with National Pollutant Discharge Elimination System (NPDES) effluent limitations are not the result of the disaster event. Moreover, the Facility was non-compliant at the time of the disaster. In addition, Tennessee Department of Environment and Conservation (TDEC) Design Criteria are not “standards” pursuant to 44 C.F.R. § 206.226(d). As such, Public Assistance (PA) reimbursement is not available for such upgrades.

Stafford Act § 406. 44 C.F.R. § 206.223(a); 44 C.F.R. § 206.226(d). DAP 9527.4, Construction Codes and Standards. PA Guide, at 34. Clarksville Gas and Water, FEMA-1909-DR-TN, at 4. Headnotes Pursuant to Stafford Act § 406 and 44 C.F.R. § 206.223, repair or replacement of a facility in conformance with its pre-disaster design, including any applicable codes and standards, is eligible for PA reimbursement if it is the result of a declared disaster. The PA Guide states FEMA does not fund work to bring non-compliant facilities into compliance. The Applicant’s requested upgrades were required by NPDES permit requirements, regardless of the disaster event.Moreover, the Facility was not compliant with 2007 NPDES permit requirements at the time of the disaster.As such, the upgrades are not eligible for PA funding. According to 44 C.F.R. § 206.226(d)