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###### Environmental Protection Agency

          - 40 CFR Part 62 
          - [Region 2 Docket No. NY46-217b, FRL-6977-3] 

# AGENCY:

Environmental Protection Agency (EPA) 

# ACTION:

Proposed rule. 

# SUMMARY:

                        EPA is proposing to approve the New York supplementary submittal for meeting EPA's conditional approval of the New York State Plan for regulating existing Municipal Solid Waste Landfills. The supplemental submittal documents that, except for two landfills, all are in compliance. A Title V permit containing a compliance schedule with all five federally enforceable increments of progress has been provided for one landfill and the other landfill is undergoing an applicability determination. In the “Rules and Regulations” section of this                         **Federal Register**                        , EPA is approving the State's State Plan submittal, as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. The 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.                     

# DATES:

Written comments must be received on or before June 11, 2001. 

# ADDRESSES:

All comments should be addressed to: Raymond Werner, Chief, Air Programs Branch, Environmental Protection Agency, Region 2 Office, 290 Broadway, New York, New York 10007-1866. 

Copies of the State submittal are available at the following addresses for inspection during normal business hours:

Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th Floor, New York, New York 10007-1866. 

New York State Department of Environmental Conservation, Division of Air Resources, 50 Wolf Road, Albany, New York 12233. 

# FOR FURTHER INFORMATION CONTACT:

Craig Flamm, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10278, (212) 637-4021. 

# SUPPLEMENTARY INFORMATION:

                    For additional information see the direct final rule which is located in the Rules Section of this                     **Federal Register**                    .                 

Dated: April 19, 2001.

William J. Muszynski,

Acting Regional Administrator Region 2.

[FR Doc. 01-11830 Filed 5-9-01; 8:45 am] 

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