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###### Environmental Protection Agency

          - 40 CFR Parts 239 and 258
          - [EPA-R07-RCRA-2009-0646; FRL-8953-4]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Proposed rule.

# SUMMARY:

The EPA proposes to approve Kansas' Research, Development and Demonstration (RD&D) permit program and updates to the approved Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22, 2004, the EPA issued final regulations allowing RD&D permits to be issued to certain municipal solid waste landfills by approved states. On December 11, 2008, Kansas submitted an application to the EPA seeking Federal approval of its RD&D requirements and to update Federal approval of its MSWLP program.

# DATES:

Comments on this proposed action must be received in writing by October 5, 2009.

# ADDRESSES:

Submit your comments, identified by Docket ID No. EPA-R07-RCRA-2009-0646 by one of the following methods:

                        1.                         *http://www.regulations.gov:*                         Follow the on-line instructions for submitting comments.                    

                        2.                         *E-mail: cruise.nicole@epa.gov.*

                        3.                         *Mail:*                         Send written comments to Nicole Cruise, EPA Region 7, Solid Waste/Pollution Prevention Branch, 901 North 5th Street, Kansas City, Kansas 66101.                    

                        4.                         *Hand Delivery or Courier.*                         Deliver your comments to Nicole Cruise, EPA Region 7, Solid Waste/Pollution Prevention Branch, 901 North 5th Street, Kansas City, Kansas 66101. 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 to 4:30, excluding legal holidays.                    

                        Please see the direct final rule which is located in the Rules section of this                         **Federal Register**                         for detailed instructions on how to submit comments.                    

# FOR FURTHER INFORMATION CONTACT:

                        Nicole Cruise at (913) 551-7641, or by e-mail at                         *cruise.nicole@epa.gov.*

# SUPPLEMENTARY INFORMATION:

                    In the final rules section of the                     **Federal Register,**                     EPA is approving Kansas' Research, Development and Demonstration permit program and updates to the approved Municipal Solid Waste Landfill Permit (MSWLP) program as a direct final rule without prior proposal because the Agency views this as a noncontroversial action and anticipates no relevant adverse comments to this action. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this                     **Federal Register.**

Dated: August 27, 2009.

William W. Rice,

Acting Regional Administrator, Region 7.

[FR Doc. E9-21401 Filed 9-3-09; 8:45 am]

BILLING CODE 6560-50-P