Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 80777 

State 

Variability 

limits for 

2012 and 

2013 

Variability 

limits for 

2014 and 

thereafter 

Alabama ................................................................................................................................................................... 6,667 6,615 

Arkansas .................................................................................................................................................................. 3,158 3,158 

Florida ...................................................................................................................................................................... 5,843 5,843 

Georgia .................................................................................................................................................................... 5,868 3,839 

Illinois ....................................................................................................................................................................... 4,454 4,454 

Indiana ..................................................................................................................................................................... 9,844 9,697 

Iowa ......................................................................................................................................................................... 3,472 3,403 

Kentucky .................................................................................................................................................................. 7,595 6,862 

Louisiana .................................................................................................................................................................. 2,821 2,821 

Maryland .................................................................................................................................................................. 1,508 1,508 

Michigan ................................................................................................................................................................... 5,889 5,673 

Mississippi ................................................................................................................................................................ 2,134 2,134 

Missouri .................................................................................................................................................................... 4,780 4,425 

New Jersey .............................................................................................................................................................. 710 710 

New York ................................................................................................................................................................. 1,750 1,750 

North Carolina .......................................................................................................................................................... 4,655 3,876 

Ohio ......................................................................................................................................................................... 8,413 7,936 

Oklahoma ................................................................................................................................................................. 7,679 

4,585 

4,585 

Pennsylvania ............................................................................................................................................................ 10,962 10,902 

South Carolina ......................................................................................................................................................... 2,921 2,921 

Tennessee ............................................................................................................................................................... 3,131 1,683 

Texas ....................................................................................................................................................................... 13,239 13,239 

Virginia ..................................................................................................................................................................... 3,035 3,035 

West Virginia ............................................................................................................................................................ 5,309 4,891 

Wisconsin ................................................................................................................................................................. 3,105 3,002 

§ 97.521 [Amended] 

■ 10. Section 97.521 is amended by: 

■ a. In paragraph (a) add, after the words 

‘‘November 7, 2011’’, the words ‘‘or, 

with regard to units in Iowa, Michigan, 

Missouri, Oklahoma, and Wisconsin, 

March 26, 2012’’; 

■ b. In paragraph (b) introductory text, 

add, after the words ‘‘November 7, 

2011’’, the words ‘‘or, with regard to 

units in Iowa, Michigan, Missouri, 

Oklahoma, and Wisconsin, March 26, 

2012’’, add, after the words ‘‘October 17, 

2011’’, the words ‘‘or, with regard to TR 

NOX Ozone Season units in Iowa, 

Michigan, Missouri, Oklahoma, and 

Wisconsin, March 6, 2012’’, and add, 

after the words ‘‘April 1, 2012’’, the 

words ‘‘or, with regard to units in Iowa, 

Michigan, Missouri, Oklahoma, and 

Wisconsin, October 1, 2012’’; 

■ c. In paragraph (b)(1), add, after the 

words ‘‘April 1, 2012’’, the words ‘‘or, 

with regard to TR NOX Ozone Season 

units in Iowa, Michigan, Missouri, 

Oklahoma, and Wisconsin, by October 

1, 2012’’, and add, after the words 

‘‘April 15, 2012’’, the words ‘‘or, with 

regard to units in Iowa, Michigan, 

Missouri, Oklahoma, and Wisconsin, 

October 15, 2012’’; 

■ d. In paragraph (b)(2), add, after the 

words ‘‘April 1, 2012’’, the words ‘‘or, 

with regard to units in Iowa, Michigan, 

Missouri, Oklahoma, and Wisconsin, 

October 1, 2012’’, and add, after the 

words ‘‘by October 1, 2012’’ whenever 

they appear, the words ‘‘or, with regard 

to units in Iowa, Michigan, Missouri, 

Oklahoma, and Wisconsin, April 1, 

2013’’; and 

■ e. In paragraph (b)(3), add, after the 

words ‘‘April 1, 2012’’, the words ‘‘or, 

with regard to units in Iowa, Michigan, 

Missouri, Oklahoma, and Wisconsin, 

October 1, 2012’’, and add, after the 

words ‘‘by October 1, 2012’’ whenever 

they appear, the words ‘‘or, with regard 

to units in Iowa, Michigan, Missouri, 

Oklahoma, and Wisconsin, April 1, 

2013’’. 

[FR Doc. 2011–32821 Filed 12–23–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R04–OAR–2011–0006(a); FRL– 

9611–8] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; State of Florida; Control of 

Hospital/Medical/Infectious Waste 

Incinerator (HMIWI) Emissions From 

Existing Facilities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

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 

December 21, 2010, for implementing 

and enforcing the Emissions Guidelines 

(EGs) applicable to existing Hospital/ 

Medical/Infectious Waste Incinerators 

(HMIWIs). These EGs apply to devices 

that combust any amount of hospital 

waste and/or medical/infectious waste. 

DATES: This direct final rule is effective 

February 27, 2012 without further 

notice, unless EPA receives adverse 

comment by January 26, 2012. 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–2011–0006 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: garver.daniel@epa.gov. 

3. Fax: (404) 562–9095. 

4. Mail: EPA–R04–OAR–2011–0006, 

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 


erowe on DSK2VPTVN1PROD with RULES
80778 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 

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 a.m. to 4:30 p.m., excluding 

federal holidays. 

Instructions: Direct your comments to 

Docket ID Number EPA–R04–OAR– 

2011–0006. 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 

electronic docket are listed in the 

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 the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in 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 a.m. to 

4:30 p.m., 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 EGs 

and revise both, as appropriate. On 

October 6, 2009, EPA took final action 

in the Federal Register to revise HMIWI 

rules under sections 111 and 129 of the 

CAA. See 74 FR 51368. This revision 

was made pursuant to the U.S. Court of 

Appeals for the District of Columbia 

Circuit decision which remanded EPA’s 

previous HMIWI regulations, and 

required that EPA provide further 

explanation to justify EPA’s 

determination on the minimum 

regulatory ‘‘floors’’ for new and existing 

HMIWI. The October 6, 2009 revision 

also satisfies the CAA Section 129(a)(5) 

requirement to conduct a review of the 

standards every 5 years. 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 Ce. 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 December 21, 2010. EPA has 

reviewed the plan revision for existing 

HMIWI units in the context of the 

requirements of 40 CFR part 60, and 

subparts B and Ce, 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 F.S. Sec. 

403.121 (Judicial and administrative 

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

relief), F.S. Sec. 403.141 (Civil 

remedies), and F.S. Sec. 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 HMIWIs that 

demonstrate the required legal authority 

(40 CFR 62.2370). 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.) 


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Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 80779 

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 October 

8, 2010, and became effective on 

December 30, 2010. 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 each state plan to 

include a complete source inventory of 

all HMIWI 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 County 

Boca Raton Community Hospital.Palm Beach. 

Bethesda Memorial Hospital .. Palm Beach. 

Malcom Randall VA Medical 

Center.

Alachua. 

Memorial Regional Hospital ... Broward. 

Lakeland Regional Medical 

Center.

Polk. 

Stericycle, Inc ......................... Orange. 

Holy Cross Hospital ............... Broward. 

Curtis Bay Energy Southeast Pinellas. 

St. Joseph’s Hospital ............. Hillsborough. 

VA Medical Center ................. Miami/Dade. 

D. Inventory of Emissions From Affected 

MWC Units 

Federal regulations found at 40 CFR 

60.25(a) require that each state plan 

include an emissions inventory that 

estimates emissions of the pollutant 

regulated by the EGs. Emissions from 

HMIWI units contain organics (dioxins/ 

furans), metals (cadmium, lead, 

mercury, particulate matter, opacity), 

and acid gases (hydrogen chloride, 

sulfur dioxide, and nitrogen oxides). 

FDEP submitted an emissions inventory 

of HMIWI units as part of its state plan. 

This emissions inventory contains 

HMIWI 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 HMIWI 

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. F.A.C. Rule 62– 

204.800(9)(g)3.a. and b. specifically 

adopts by reference the EGs contained 

in 40 CFR part 60 subpart Ce. Since the 

emissions standards are adopted by 

reference, the emission standards in the 

state plan are ‘‘at least as protective’’ as 

those in subpart Ce, as amended. 

F. Compliance Schedules 

Federal regulations found at 40 CFR 

60.24(c) and (e), require that each 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)(g)9., contains compliance 

times for HMIWI units. The Plan 

requires that all existing HMWI units 

comply with the requirements of the 

plan by June 1, 2012, unless the unit 

complies with the alternate schedule 

found at 40 CFR 60.39e(c). 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. Rules 62–204.800(9)(g)7.a. and b., 

and 62–204.800(9)(g)8.a. and b., adopt 

by reference the performance testing 

and monitoring, and reporting and 

recordkeeping requirements found at 40 

CFR 60.37e and 60.38e, 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 

FDEP published a notice of 

opportunity to submit public comments 

or request a public hearing on the state 

plan revision on October 22, 2010. No 

comments were received, and a public 

hearing was not requested. Applicable 

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

amendments became effective on 

December 30, 2010. FDEP provided 

evidence of complying with public 

notice and other hearing requirements. 

FDEP also certified that ‘‘the public 

notice and hearing requirements of all 

applicable state and federal regulations 

have been satisfied.’’ 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 Plan 

revision and related F.A.C. Rule 62– 

204.800(9) amendments, as adopted by 

Florida on October 8, 2010. This 

approval excludes certain authorities 

retained by EPA, as stated in 40 CFR 

60.50c(i). As required by 40 CFR 

60.28(c), any revisions to the 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 HMIWI units that are subject to 

the provisions of 40 CFR part 60, 

subpart Ce and related subpart Ec. 

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 26, 

2012 without further notice unless EPA 

receives adverse comments by January 

26, 2012. 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 

27, 2012 and no further action will be 

taken on the proposed rule. 


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80780 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 

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 

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 27, 2012. 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 21, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

For the reasons set forth in the 

preamble, part 62 of chapter I of title 40 

of the Code of Federal Regulations 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 62.2370 is revised to read 

as follows: 

§ 62.2370 Identification of sources. 

(a) The plan applies to existing 

hospital/medical/infectious waste 

incinerators for which construction was 

commenced on or before December 1, 

2008, or for which modification was 

commenced on or before April 6, 2010. 

(b) On December 21, 2010, Florida 

submitted a revised state plan and 

related Florida Administrative Code 

amendments as required by 40 CFR part 

60, subpart Ce, amended on October 6, 

2009. 

[FR Doc. 2011–33151 Filed 12–23–11; 8:45 am] 

BILLING CODE P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 11 

[EB Docket No. 04–296; FCC 11–136] 

Review of the Emergency Alert System 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission amends its rules governing 

the Emergency Alert System (EAS) rules 

to extend the deadline for EAS 

Participants to be able to receive 

Common Alerting Protocol (CAP)- 

formatted EAS alerts to no later than 

June 30, 2012. This is intended to 

provide EAS Participants with time to 

comply with any new CAP-based 

revisions to the Commission’s rules. 

DATES: Effective December 27, 2011. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Fowlkes, Deputy Bureau Chief, Public 

Safety and Homeland Security Bureau, 

at (202) 418–7452, or by email at 

Lisa.Fowlkes@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Fourth 

Report and Order in EB Docket No. 04– 

296, FCC 11–136, adopted on September 

15, 2011, and released on September 16, 

2011. The full text of this document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Center (Room CY–A257), 

445 12th Street SW., Washington, DC 

20554. The complete text of this 

document also may be purchased from 

the Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street 

SW., Room, CY–B402, Washington, DC 

20554. The full text may also be 

downloaded at: www.fcc.gov. 


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