Approval and Promulgation of Implementation Plans; Wisconsin; Volatile Organic Compound Emission Control Measures for Milwaukee and Sheboygan Ozone Nonattainment Areas, 46961-46964 [2012-19133]
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Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations
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 Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP 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. In May 2011, EPA issued its
policy on consultation and coordination
with Indian tribes. EPA explained that
its policy is to consult on a governmentto-government basis with Federally
recognized tribal governments when
EPA actions and decisions may affect
tribal interests. Accordingly, EPA
engaged in consultation with the FCP
Community regarding the Wisconsin
proposed SIP revisions. This process is
further described in 77 FR 20575,
20577.
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The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under Section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 9, 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. This action may
not be challenged later in proceedings to
enforce its requirements. (See Section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: June 27, 2012.
Susan Hedman,
Regional Administrator, Region 5.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart YY—Wisconsin
2. Section 52.2570 is amended by
adding paragraph (c)(125) to read as
follows:
■
§ 52.2570
Identification of plan.
*
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(c) * * *
(125) On May 12, 2011, the Wisconsin
Department of Natural Resources
submitted a request to revise the State
PO 00000
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Fmt 4700
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Implementation Plan regarding
procedures for permitting certain
sources in relation to the Forest County
Potawatomi Community Class I Area.
(i) Incorporation by reference. The
following sections of the Wisconsin
Administrative Code are incorporated
by reference:
(A) NR 400.02 Definitions. NR
400.02(66m) ‘‘Forest County
Potawatomi Community Class I area’’ or
‘‘FCPC Class I area’’ as published in the
Wisconsin Administrative Register
November 2010, No. 659, effective
December 1, 2010.
(B) NR 405.19 Forest County
Potawatomi Class I area, as published in
the Wisconsin Administrative Register
November 2010, No. 659, effective
December 1, 2010.
(C) NR 406.08 Action on permit
applications. NR 406.08(4)(a) and (4)(b)
as published in the Wisconsin
Administrative Register November 2010,
No. 659, effective December 1, 2010.
*
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[FR Doc. 2012–19138 Filed 8–6–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2009–0695; FRL–9689–8]
Approval and Promulgation of
Implementation Plans; Wisconsin;
Volatile Organic Compound Emission
Control Measures for Milwaukee and
Sheboygan Ozone Nonattainment
Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving, under the
Clean Air Act (the Act), revisions to the
Wisconsin State Implementation Plan
(SIP) submitted on September 1, 2009,
November 16, 2011, and January 26,
2012. The purpose of these revisions is
to satisfy the Act’s requirement that
states revise their SIPs to include
Reasonably Available Control
Technology (RACT) for sources of
Volatile Organic Compound (VOC)
emissions in moderate ozone
nonattainment areas. Wisconsin’s VOC
rules provide RACT requirements for
the Milwaukee-Racine and Sheboygan
1997 8-hour ozone nonattainment areas.
These rules are approvable because they
are consistent with the Control
Technique Guideline (CTG) documents
issued by EPA in 2006 and 2007 and
satisfy the RACT requirements of the
Act. EPA proposed this rule for
SUMMARY:
40 CFR part 52 is amended as follows:
46961
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Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations
approval on February 22, 2012, and
received no comments.
DATES: This final rule is effective on
September 6, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
EPA–R05–OAR–2009–0695. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(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 through
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Steven
Rosenthal, Environmental Engineer, at
(312) 886–6052 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Steven Rosenthal, Environmental
Engineer, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6052.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What public comments were received on
the proposed approval?
II. What action is EPA taking today and what
is the basis of this action?
III. Statutory and Executive Order Reviews
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I. What public comments were received
on the proposed approval?
EPA proposed this rule for approval
on February 22, 2012, and received no
comments.
II. What action is EPA taking today and
what is the basis of this action?
EPA is taking final action to approve
into Wisconsin’s SIP VOC RACT rules
for the Milwaukee-Racine and
Sheboygan 1997 8-hour ozone
nonattainment areas that were
submitted on September 1, 2009,
November 16, 2011, and January 26,
2012. The purpose of these rules is to
satisfy the Act’s requirement that states
revise their SIPs to include RACT for
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sources of VOC emissions in moderate
ozone nonattainment areas. Wisconsin’s
VOC rules provide RACT requirements
for the Milwaukee-Racine and
Sheboygan 1997 8-hour ozone
nonattainment areas. These rules are
approvable because they are consistent
with the CTG documents issued by EPA
in 2006 and 2007 and satisfy the RACT
requirements of the Act.
III. Statutory and Executive Order
Reviews
Under the Act, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive 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 Act; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
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 SIP 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 Act,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 9, 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. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: June 11, 2012.
Susan Hedman,
Regional Administrator, Region 5.
Therefore, 40 CFR part 52 is amended
as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations
2. Section 52.2570 is amended by
revising paragraph (c)(123) to read as
follows:
■
§ 52.2570
Identification of plan.
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(c) * * *
(123) On September 1, 2009,
November 16, 2011, and January 26,
2012, the Wisconsin Department of
Natural Resources submitted new and
revised rules to be incorporated into its
SIP. Wisconsin revised it Volatile
Organic Compound (VOC) rules to
satisfy the Clean Air Act’s (Act)
requirement that states revise their SIPs
to include Reasonably Available Control
Technology (RACT) for sources of VOC
emissions in moderate ozone
nonattainment areas. Wisconsin’s VOC
rules provide RACT requirements for
the Milwaukee-Racine and Sheboygan
1997 8-hour ozone nonattainment areas.
(i) Incorporation by reference. The
following sections of the Wisconsin
Administrative Code are incorporated
by reference:
(A) NR 400.02 Definitions. NR
400.02(26m), (54m), (85m), (93m),
(107m), (133e), (133m), and (133s), as
published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(B) NR 419.02 Definitions. NR
419.02(8m) and (14r), as published in
the Wisconsin Administrative Register
July 2009, No. 643, effective August 1,
2009.
(C) NR 419.02 Definitions. NR
419.02(1e), (1m), (1s), (3e), (3m), (3s),
(6m), (7m), (8e), (10g), (10r), (11m),
(12m), (14b), (14e), (14h), (14L), (14p),
(14u), (14y), (15d), (15h), (15p), (15t),
(16m), (18e), (18m), (18s), (22), and (23),
as published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(D) NR 419.045 Industrial
wastewater operations, as published in
the Wisconsin Administrative Register
January 2012, No. 673, effective
February 1, 2012.
(E) NR 420.02 Definitions. NR
420.02(31), as published in the
Wisconsin Administrative Register
January 2012, No. 673, effective
February 1, 2012.
(F) NR 421.02 Definitions. NR
421.02(18m) and (23), as published in
the Wisconsin Administrative Register
January 2012, No. 673, effective
February 1, 2012.
(G) NR 421.05 Synthetic resin
manufacturing. NR 421.05(1)(a),
(1)(b)(intro.), (1)(c), (2m), (3)(a)(intro.),
(3)(c), and (4), as published in the
Wisconsin Administrative Register
January 2012, No. 673, effective
February 1, 2012.
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(H) NR 421.06 Coatings
manufacturing. NR 421.06(1)(a),
(1)(b)(intro.), (1)(c), (2m), (3)(a)(intro.),
(3)(c), and (4), as published in the
Wisconsin Administrative Register
January 2012, No. 673, effective
February 1, 2012.
(I) NR 421.07 Synthetic organic
chemical manufacturing industry. NR
421.07(1)(b), (2), (3), (4), and (6), as
published in the Wisconsin
Administrative Register July 2009, No.
643, effective August 1, 2009.
(J) NR 421.07 Synthetic organic
chemical manufacturing industry. NR
421.07(1)(a), (3)(a)5, (4)(a)5, and (5), as
published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(K) NR 422.02 Definitions. NR
422.02(12s), (13), (21g), (26m), (37m),
(40m), (53i), (54s), (57m), (77), (80m),
(87v), (87x), (90m), (102), and (107m), as
published in the Wisconsin
Administrative Register July 2009, No.
643, effective August 1, 2009.
(L) NR 422.02 Definitions. NR
422.02 (12), (34g), (34r), (83), and (90r),
as published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(M) NR 422.03 Exemptions. NR
422.03 (1) and (3), as published in the
Wisconsin Administrative Register
January 2012, No. 673, effective
February 1, 2012.
(N) NR 422.05 Can coating. NR
422.05(1), (1m), (3), and (4), as
published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(O) NR 422.06 Coil coating. NR
422.06(1), (1m), (3), and (4), as
published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(P) NR 422.07 Paper coating—part 1.
NR 422.07 (title), as published in the
Wisconsin Administrative Register July
2009, No. 643, effective August 1, 2009.
(Q) NR 422.075 Paper coating—part
2. NR 422.075(1), (2), (3)(intro.), (3)(a),
(3)(c), (3)(d), (3)(e), and (3)(f), as
published in the Wisconsin
Administrative Register July 2009, No.
643, effective August 1, 2009.
(R) NR 422.075 Paper coating—part
2. NR 422.075(3)(b), as published in the
Wisconsin Administrative Register
January 2012, No. 673, effective
February 1, 2012.
(S) NR 422.08 Fabric and vinyl
coating. NR 422.08(1), (1m), (3), and (4),
as published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(T) NR 422.083 Plastic parts coating.
NR 422.083(1)(a), (1)(b), (1)(bm), (3)
including Table 1B (title), and (3m), as
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46963
published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(U) NR 422.085 Leather coating. NR
422.085(1), as published in the
Wisconsin Administrative Register
January 2012, No. 673, effective
February 1, 2012.
(V) NR 422.09 Automobile and lightduty truck manufacturing. NR 422.09(1)
and (6), as published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(W) NR 422.095 Automobile
refinishing operations. NR 422.095(1),
(2)(a), (2)(c), (2)(d), (2)(e), (2)(f), (2)(g),
(2)(h), (2)(i), (7), and (8), as published in
the Wisconsin Administrative Register
January 2012, No. 673, effective
February 1, 2012.
(X) NR 422.10 Furniture metal
coating—part 1. NR 422.10 (title), as
published in the Wisconsin
Administrative Register July 2009, No.
643, effective August 1, 2009.
(Y) NR 422.105 Furniture metal
coating—part 2. NR 422.105(1), (2), (3),
(4), (5)(intro.), (5)(a), (5)(c), (5)(d), (5)(e),
and (5)(f), as published in the Wisconsin
Administrative Register July 2009, No.
643, effective August 1, 2009.
(Z) NR 422.105 Furniture metal
coating—part 2. NR 422.105(5)(b), as
published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(AA) NR 422.11 Surface coating of
large appliances—part 1. NR 422.11
(title), as published in the Wisconsin
Administrative Register July 2009, No.
643, effective August 1, 2009.
(BB) NR 422.115 Surface coating of
large appliance—part 2. NR 422.115(1),
(2), (3), (4), (5)(intro.), (5)(a), (5)(c),
(5)(d), (5)(e), and (5)(f), as published in
the Wisconsin Administrative Register
July 2009, No. 643, effective August 1,
2009.
(CC) NR 422.115 Surface coating of
large appliance—part 2. NR 422.115
(5)(b), as published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(DD) NR 422.125 Wood furniture
coating. NR 422.125(1) and (4m), as
published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(EE) NR 422.127 Use of adhesives.
NR 422.127(2), (3m), (4)(a)(intro.), and
(4)(b), as published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(FF) NR 422.13 Flat wood panel
coating—part 1. NR 422.13 (title), as
published in the Wisconsin
Administrative Register July 2009, No.
643, effective August 1, 2009.
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Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations
(GG) NR 422.131 Flat wood panel
coating—part 2, as published in the
Wisconsin Administrative Register July
2009, No. 643, effective August 1, 2009.
(HH) NR 422.132 Wood door
coating. NR 422.132(1), as published in
the Wisconsin Administrative Register
January 2012, No. 673, effective
February 1, 2012.
(II) NR 422.135 Molded wood parts
or products. NR 422.135(1), as
published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(JJ) NR 422.14 Graphic arts. NR
422.14(1), (1m), (4), and (5), as
published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(KK) NR 422.141 Flexible package
printing, as published in the Wisconsin
Administrative Register July 2009, No.
643, effective August 1, 2009.
(LL) NR 422.142 Lithographic
printing—part 1. NR 422.142 (title) and
(1m), as published in the Wisconsin
Administrative Register July 2009, No.
643, effective August 1, 2009.
(MM) NR 422.142 Lithographic
printing—part 1. NR 422.142(5)(d), as
published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(NN) NR 422.143 Lithographic
printing—part 2. NR 422.143(1), (1m),
(2), (3a), (3b), (4), (5), (6)(intro.), (6a),
(6b), (6c), (6e), (7), and (8), as published
in the Wisconsin Administrative
Register July 2009, No. 643, effective
August 1, 2009.
(OO) NR 422.143 Lithographic
printing—part 2. NR 422.143(3)(c) and
(6)(d), as published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(PP) NR 422.144 Letterpress
printing, as published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(QQ) NR 422.145 Screen printing.
NR 422.145(1), (1m), (2m), and (4), as
published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(RR) NR 422.15 Miscellaneous metal
parts and products. NR 422.15(1) and
(9), as published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(SS) NR 422.155 Fire truck and
emergency response vehicle
manufacturing. NR 422.155(1) and (5),
as published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(TT) NR 423.02 Definitions. NR
423.02(5m) and (9t), as published in the
Wisconsin Administrative Register July
2009, No. 643, effective August 1, 2009.
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(UU) NR 423.035 Industrial cleaning
operations—part 1. NR 423.035 (title),
(1), (2)(intro.), (2)(b)(intro.), (2)(b)4,
(2)(e), (2)(g), (3)(intro.), (6)(a), (6)(b), and
(9)(a), as published in the Wisconsin
Administrative Register July 2009, No.
643, effective August 1, 2009.
(VV) NR 423.035 Industrial cleaning
operations—part 1. NR 423.035(2)(a)1,
(2)(h), (4)(intro.), and (4)(a), as
published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(WW) NR 423.037 Industrial
cleaning operations—part 2, as
published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(XX) NR 439.04 Recordkeeping. NR
439.04(4)(intro), (4)(d), (4)(f), (4)(g), and
(6), as published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(YY) NR 439.06 Methods and
procedures for determining compliance
with emission limitations (by air
contaminant). NR 439.06 (3)(j), as
published in the Wisconsin
Administrative Register July 2009, No.
643, effective August 1, 2009.
(ZZ) NR 439.06 Methods and
procedures for determining compliance
with emission limitations (by air
contaminant). NR 439.06(3)(b), as
published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(AAA) NR 439.075 Periodic
compliance emission testing
requirements. NR 439.075(2)(c) 3. j., as
published in the Wisconsin
Administrative Register July 2009, No.
643, effective August 1, 2009.
(ii) Additional material.
(A) NR 484.04 Code of federal
regulations appendices. NR 484.04
(intro.), (13), (17), (19), (20), (20e), (25),
and (27s), as published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(B) NR 484.04 Code of federal
regulations appendices. NR 484.04(16),
as published in the Wisconsin
Administrative Register July 2009, No.
643, effective August 1, 2009.
(C) NR 484.05 National technical
information service. NR 484.05(1), as
published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(D) NR 484.06 Other government
organizations. NR 484.06(4)(Note),
(4)(e), (4)(f), and (4)(g), as published in
the Wisconsin Administrative Register
January 2012, No. 673, effective
February 1, 2012.
(E) NR 484.10 American Society for
Testing and Materials. NR 484.10(9),
(12), (14), (21), (32), (36), and (56), as
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
published in the Wisconsin
Administrative Register July 2009, No.
643, effective August 1, 2009.
(F) NR 484.10 American Society for
Testing and Materials. NR 484.10(6),
(39m), (55b), (55bg), and (55br), as
published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
(G) NR 484.11 Other private
organizations. NR 484.11(4), as
published in the Wisconsin
Administrative Register July 2009, No.
643, effective August 1, 2009.
(H) NR 484.11 Other private
organizations. NR 484.11(5)(Table 6E)
and (12), as published in the Wisconsin
Administrative Register January 2012,
No. 673, effective February 1, 2012.
*
*
*
*
*
[FR Doc. 2012–19133 Filed 8–6–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 272
[EPA–R06–2012–0471; FRL–9701–7]
Oklahoma: Incorporation by Reference
of Approved State Hazardous Waste
Management Program
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Solid Waste Disposal Act,
as amended, commonly referred to as
the Resource Conservation and
Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA)
to authorize States to operate their
hazardous waste management programs
in lieu of the Federal program. The EPA
uses the regulations entitled ‘‘Approved
State Hazardous Waste Management
Programs’’ to provide notice of the
authorization status of State programs
and to incorporate by reference those
provisions of the State statutes and
regulations that will be subject to the
EPA’s inspection and enforcement. The
rule codifies in the regulations the prior
approval of Oklahoma’s hazardous
waste management program and
incorporates by reference authorized
provisions of the State’s statutes and
regulations.
DATES: This regulation is effective
October 9, 2012, unless the EPA
receives adverse written comment on
this regulation by the close of business
September 6, 2012. If the EPA receives
such comments, it will publish a timely
withdrawal of this direct final rule in
the Federal Register informing the
public that this rule will not take effect.
SUMMARY:
E:\FR\FM\07AUR1.SGM
07AUR1
Agencies
[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Rules and Regulations]
[Pages 46961-46964]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19133]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0695; FRL-9689-8]
Approval and Promulgation of Implementation Plans; Wisconsin;
Volatile Organic Compound Emission Control Measures for Milwaukee and
Sheboygan Ozone Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving, under the Clean Air Act (the Act), revisions
to the Wisconsin State Implementation Plan (SIP) submitted on September
1, 2009, November 16, 2011, and January 26, 2012. The purpose of these
revisions is to satisfy the Act's requirement that states revise their
SIPs to include Reasonably Available Control Technology (RACT) for
sources of Volatile Organic Compound (VOC) emissions in moderate ozone
nonattainment areas. Wisconsin's VOC rules provide RACT requirements
for the Milwaukee-Racine and Sheboygan 1997 8-hour ozone nonattainment
areas. These rules are approvable because they are consistent with the
Control Technique Guideline (CTG) documents issued by EPA in 2006 and
2007 and satisfy the RACT requirements of the Act. EPA proposed this
rule for
[[Page 46962]]
approval on February 22, 2012, and received no comments.
DATES: This final rule is effective on September 6, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
EPA-R05-OAR-2009-0695. All documents in the docket are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (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 through www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Steven Rosenthal,
Environmental Engineer, at (312) 886-6052 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What public comments were received on the proposed approval?
II. What action is EPA taking today and what is the basis of this
action?
III. Statutory and Executive Order Reviews
I. What public comments were received on the proposed approval?
EPA proposed this rule for approval on February 22, 2012, and
received no comments.
II. What action is EPA taking today and what is the basis of this
action?
EPA is taking final action to approve into Wisconsin's SIP VOC RACT
rules for the Milwaukee-Racine and Sheboygan 1997 8-hour ozone
nonattainment areas that were submitted on September 1, 2009, November
16, 2011, and January 26, 2012. The purpose of these rules is to
satisfy the Act's requirement that states revise their SIPs to include
RACT for sources of VOC emissions in moderate ozone nonattainment
areas. Wisconsin's VOC rules provide RACT requirements for the
Milwaukee-Racine and Sheboygan 1997 8-hour ozone nonattainment areas.
These rules are approvable because they are consistent with the CTG
documents issued by EPA in 2006 and 2007 and satisfy the RACT
requirements of the Act.
III. Statutory and Executive Order Reviews
Under the Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Act. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP 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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 9, 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. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: June 11, 2012.
Susan Hedman,
Regional Administrator, Region 5.
Therefore, 40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 46963]]
0
2. Section 52.2570 is amended by revising paragraph (c)(123) to read as
follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(123) On September 1, 2009, November 16, 2011, and January 26,
2012, the Wisconsin Department of Natural Resources submitted new and
revised rules to be incorporated into its SIP. Wisconsin revised it
Volatile Organic Compound (VOC) rules to satisfy the Clean Air Act's
(Act) requirement that states revise their SIPs to include Reasonably
Available Control Technology (RACT) for sources of VOC emissions in
moderate ozone nonattainment areas. Wisconsin's VOC rules provide RACT
requirements for the Milwaukee-Racine and Sheboygan 1997 8-hour ozone
nonattainment areas.
(i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference:
(A) NR 400.02 Definitions. NR 400.02(26m), (54m), (85m), (93m),
(107m), (133e), (133m), and (133s), as published in the Wisconsin
Administrative Register January 2012, No. 673, effective February 1,
2012.
(B) NR 419.02 Definitions. NR 419.02(8m) and (14r), as published in
the Wisconsin Administrative Register July 2009, No. 643, effective
August 1, 2009.
(C) NR 419.02 Definitions. NR 419.02(1e), (1m), (1s), (3e), (3m),
(3s), (6m), (7m), (8e), (10g), (10r), (11m), (12m), (14b), (14e),
(14h), (14L), (14p), (14u), (14y), (15d), (15h), (15p), (15t), (16m),
(18e), (18m), (18s), (22), and (23), as published in the Wisconsin
Administrative Register January 2012, No. 673, effective February 1,
2012.
(D) NR 419.045 Industrial wastewater operations, as published in
the Wisconsin Administrative Register January 2012, No. 673, effective
February 1, 2012.
(E) NR 420.02 Definitions. NR 420.02(31), as published in the
Wisconsin Administrative Register January 2012, No. 673, effective
February 1, 2012.
(F) NR 421.02 Definitions. NR 421.02(18m) and (23), as published in
the Wisconsin Administrative Register January 2012, No. 673, effective
February 1, 2012.
(G) NR 421.05 Synthetic resin manufacturing. NR 421.05(1)(a),
(1)(b)(intro.), (1)(c), (2m), (3)(a)(intro.), (3)(c), and (4), as
published in the Wisconsin Administrative Register January 2012, No.
673, effective February 1, 2012.
(H) NR 421.06 Coatings manufacturing. NR 421.06(1)(a),
(1)(b)(intro.), (1)(c), (2m), (3)(a)(intro.), (3)(c), and (4), as
published in the Wisconsin Administrative Register January 2012, No.
673, effective February 1, 2012.
(I) NR 421.07 Synthetic organic chemical manufacturing industry. NR
421.07(1)(b), (2), (3), (4), and (6), as published in the Wisconsin
Administrative Register July 2009, No. 643, effective August 1, 2009.
(J) NR 421.07 Synthetic organic chemical manufacturing industry. NR
421.07(1)(a), (3)(a)5, (4)(a)5, and (5), as published in the Wisconsin
Administrative Register January 2012, No. 673, effective February 1,
2012.
(K) NR 422.02 Definitions. NR 422.02(12s), (13), (21g), (26m),
(37m), (40m), (53i), (54s), (57m), (77), (80m), (87v), (87x), (90m),
(102), and (107m), as published in the Wisconsin Administrative
Register July 2009, No. 643, effective August 1, 2009.
(L) NR 422.02 Definitions. NR 422.02 (12), (34g), (34r), (83), and
(90r), as published in the Wisconsin Administrative Register January
2012, No. 673, effective February 1, 2012.
(M) NR 422.03 Exemptions. NR 422.03 (1) and (3), as published in
the Wisconsin Administrative Register January 2012, No. 673, effective
February 1, 2012.
(N) NR 422.05 Can coating. NR 422.05(1), (1m), (3), and (4), as
published in the Wisconsin Administrative Register January 2012, No.
673, effective February 1, 2012.
(O) NR 422.06 Coil coating. NR 422.06(1), (1m), (3), and (4), as
published in the Wisconsin Administrative Register January 2012, No.
673, effective February 1, 2012.
(P) NR 422.07 Paper coating--part 1. NR 422.07 (title), as
published in the Wisconsin Administrative Register July 2009, No. 643,
effective August 1, 2009.
(Q) NR 422.075 Paper coating--part 2. NR 422.075(1), (2),
(3)(intro.), (3)(a), (3)(c), (3)(d), (3)(e), and (3)(f), as published
in the Wisconsin Administrative Register July 2009, No. 643, effective
August 1, 2009.
(R) NR 422.075 Paper coating--part 2. NR 422.075(3)(b), as
published in the Wisconsin Administrative Register January 2012, No.
673, effective February 1, 2012.
(S) NR 422.08 Fabric and vinyl coating. NR 422.08(1), (1m), (3),
and (4), as published in the Wisconsin Administrative Register January
2012, No. 673, effective February 1, 2012.
(T) NR 422.083 Plastic parts coating. NR 422.083(1)(a), (1)(b),
(1)(bm), (3) including Table 1B (title), and (3m), as published in the
Wisconsin Administrative Register January 2012, No. 673, effective
February 1, 2012.
(U) NR 422.085 Leather coating. NR 422.085(1), as published in the
Wisconsin Administrative Register January 2012, No. 673, effective
February 1, 2012.
(V) NR 422.09 Automobile and light-duty truck manufacturing. NR
422.09(1) and (6), as published in the Wisconsin Administrative
Register January 2012, No. 673, effective February 1, 2012.
(W) NR 422.095 Automobile refinishing operations. NR 422.095(1),
(2)(a), (2)(c), (2)(d), (2)(e), (2)(f), (2)(g), (2)(h), (2)(i), (7),
and (8), as published in the Wisconsin Administrative Register January
2012, No. 673, effective February 1, 2012.
(X) NR 422.10 Furniture metal coating--part 1. NR 422.10 (title),
as published in the Wisconsin Administrative Register July 2009, No.
643, effective August 1, 2009.
(Y) NR 422.105 Furniture metal coating--part 2. NR 422.105(1), (2),
(3), (4), (5)(intro.), (5)(a), (5)(c), (5)(d), (5)(e), and (5)(f), as
published in the Wisconsin Administrative Register July 2009, No. 643,
effective August 1, 2009.
(Z) NR 422.105 Furniture metal coating--part 2. NR 422.105(5)(b),
as published in the Wisconsin Administrative Register January 2012, No.
673, effective February 1, 2012.
(AA) NR 422.11 Surface coating of large appliances--part 1. NR
422.11 (title), as published in the Wisconsin Administrative Register
July 2009, No. 643, effective August 1, 2009.
(BB) NR 422.115 Surface coating of large appliance--part 2. NR
422.115(1), (2), (3), (4), (5)(intro.), (5)(a), (5)(c), (5)(d), (5)(e),
and (5)(f), as published in the Wisconsin Administrative Register July
2009, No. 643, effective August 1, 2009.
(CC) NR 422.115 Surface coating of large appliance--part 2. NR
422.115 (5)(b), as published in the Wisconsin Administrative Register
January 2012, No. 673, effective February 1, 2012.
(DD) NR 422.125 Wood furniture coating. NR 422.125(1) and (4m), as
published in the Wisconsin Administrative Register January 2012, No.
673, effective February 1, 2012.
(EE) NR 422.127 Use of adhesives. NR 422.127(2), (3m),
(4)(a)(intro.), and (4)(b), as published in the Wisconsin
Administrative Register January 2012, No. 673, effective February 1,
2012.
(FF) NR 422.13 Flat wood panel coating--part 1. NR 422.13 (title),
as published in the Wisconsin Administrative Register July 2009, No.
643, effective August 1, 2009.
[[Page 46964]]
(GG) NR 422.131 Flat wood panel coating--part 2, as published in
the Wisconsin Administrative Register July 2009, No. 643, effective
August 1, 2009.
(HH) NR 422.132 Wood door coating. NR 422.132(1), as published in
the Wisconsin Administrative Register January 2012, No. 673, effective
February 1, 2012.
(II) NR 422.135 Molded wood parts or products. NR 422.135(1), as
published in the Wisconsin Administrative Register January 2012, No.
673, effective February 1, 2012.
(JJ) NR 422.14 Graphic arts. NR 422.14(1), (1m), (4), and (5), as
published in the Wisconsin Administrative Register January 2012, No.
673, effective February 1, 2012.
(KK) NR 422.141 Flexible package printing, as published in the
Wisconsin Administrative Register July 2009, No. 643, effective August
1, 2009.
(LL) NR 422.142 Lithographic printing--part 1. NR 422.142 (title)
and (1m), as published in the Wisconsin Administrative Register July
2009, No. 643, effective August 1, 2009.
(MM) NR 422.142 Lithographic printing--part 1. NR 422.142(5)(d), as
published in the Wisconsin Administrative Register January 2012, No.
673, effective February 1, 2012.
(NN) NR 422.143 Lithographic printing--part 2. NR 422.143(1), (1m),
(2), (3a), (3b), (4), (5), (6)(intro.), (6a), (6b), (6c), (6e), (7),
and (8), as published in the Wisconsin Administrative Register July
2009, No. 643, effective August 1, 2009.
(OO) NR 422.143 Lithographic printing--part 2. NR 422.143(3)(c) and
(6)(d), as published in the Wisconsin Administrative Register January
2012, No. 673, effective February 1, 2012.
(PP) NR 422.144 Letterpress printing, as published in the Wisconsin
Administrative Register January 2012, No. 673, effective February 1,
2012.
(QQ) NR 422.145 Screen printing. NR 422.145(1), (1m), (2m), and
(4), as published in the Wisconsin Administrative Register January
2012, No. 673, effective February 1, 2012.
(RR) NR 422.15 Miscellaneous metal parts and products. NR 422.15(1)
and (9), as published in the Wisconsin Administrative Register January
2012, No. 673, effective February 1, 2012.
(SS) NR 422.155 Fire truck and emergency response vehicle
manufacturing. NR 422.155(1) and (5), as published in the Wisconsin
Administrative Register January 2012, No. 673, effective February 1,
2012.
(TT) NR 423.02 Definitions. NR 423.02(5m) and (9t), as published in
the Wisconsin Administrative Register July 2009, No. 643, effective
August 1, 2009.
(UU) NR 423.035 Industrial cleaning operations--part 1. NR 423.035
(title), (1), (2)(intro.), (2)(b)(intro.), (2)(b)4, (2)(e), (2)(g),
(3)(intro.), (6)(a), (6)(b), and (9)(a), as published in the Wisconsin
Administrative Register July 2009, No. 643, effective August 1, 2009.
(VV) NR 423.035 Industrial cleaning operations--part 1. NR
423.035(2)(a)1, (2)(h), (4)(intro.), and (4)(a), as published in the
Wisconsin Administrative Register January 2012, No. 673, effective
February 1, 2012.
(WW) NR 423.037 Industrial cleaning operations--part 2, as
published in the Wisconsin Administrative Register January 2012, No.
673, effective February 1, 2012.
(XX) NR 439.04 Recordkeeping. NR 439.04(4)(intro), (4)(d), (4)(f),
(4)(g), and (6), as published in the Wisconsin Administrative Register
January 2012, No. 673, effective February 1, 2012.
(YY) NR 439.06 Methods and procedures for determining compliance
with emission limitations (by air contaminant). NR 439.06 (3)(j), as
published in the Wisconsin Administrative Register July 2009, No. 643,
effective August 1, 2009.
(ZZ) NR 439.06 Methods and procedures for determining compliance
with emission limitations (by air contaminant). NR 439.06(3)(b), as
published in the Wisconsin Administrative Register January 2012, No.
673, effective February 1, 2012.
(AAA) NR 439.075 Periodic compliance emission testing requirements.
NR 439.075(2)(c) 3. j., as published in the Wisconsin Administrative
Register July 2009, No. 643, effective August 1, 2009.
(ii) Additional material.
(A) NR 484.04 Code of federal regulations appendices. NR 484.04
(intro.), (13), (17), (19), (20), (20e), (25), and (27s), as published
in the Wisconsin Administrative Register January 2012, No. 673,
effective February 1, 2012.
(B) NR 484.04 Code of federal regulations appendices. NR
484.04(16), as published in the Wisconsin Administrative Register July
2009, No. 643, effective August 1, 2009.
(C) NR 484.05 National technical information service. NR 484.05(1),
as published in the Wisconsin Administrative Register January 2012, No.
673, effective February 1, 2012.
(D) NR 484.06 Other government organizations. NR 484.06(4)(Note),
(4)(e), (4)(f), and (4)(g), as published in the Wisconsin
Administrative Register January 2012, No. 673, effective February 1,
2012.
(E) NR 484.10 American Society for Testing and Materials. NR
484.10(9), (12), (14), (21), (32), (36), and (56), as published in the
Wisconsin Administrative Register July 2009, No. 643, effective August
1, 2009.
(F) NR 484.10 American Society for Testing and Materials. NR
484.10(6), (39m), (55b), (55bg), and (55br), as published in the
Wisconsin Administrative Register January 2012, No. 673, effective
February 1, 2012.
(G) NR 484.11 Other private organizations. NR 484.11(4), as
published in the Wisconsin Administrative Register July 2009, No. 643,
effective August 1, 2009.
(H) NR 484.11 Other private organizations. NR 484.11(5)(Table 6E)
and (12), as published in the Wisconsin Administrative Register January
2012, No. 673, effective February 1, 2012.
* * * * *
[FR Doc. 2012-19133 Filed 8-6-12; 8:45 am]
BILLING CODE 6560-50-P