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###### Environmental Protection Agency

          - 40 CFR Part 271
          - [FRL-7974-2]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Proposed rule.

# SUMMARY:

                        The EPA proposes to grant Final authorization to the hazardous waste program changes submitted by North Dakota. In the “Rules” section of this                         **Federal Register**                        , we are authorizing the State's program changes as an immediate final rule without a prior proposed rule because we believe this action as not controversial. Unless we get written comments opposing this authorization during the comment period, the immediate final rule will become effective and the Agency will not take further action on this proposal. If we receive comments that oppose this action, we will publish a document in the                         **Federal Register**                         withdrawing this rule before it takes effect. EPA will address public comments in a later final rule based on this proposal. EPA may not provide further opportunity for comment. Any parties interested in commenting on this action must do so at this time.                    

# DATES:

We must receive your comments by October 26, 2005.

# ADDRESSES:

                        Submit your comments by one of the following methods: 1. Federal eRulemaking Portal:                         *http://www.regulations.gov*. Follow the on-line instructions for submitting comments. 2. E-mail:                         *shurr.kris@epa.gov*. 3. Mail: Kris Shurr, 8P-HW, U.S. EPA, Region 8, 999 18th St, Ste 300, Denver, Colorado 80202-2466, phone number: (303) 312-6139. 4. Hand Delivery or Courier: to Kris Shurr, 8P-HW, U.S. EPA, Region 8, 999 18th St, Ste 300, Denver, Colorado 80202-2466, phone number: (303) 312-6139.                    

*Instructions:*                         Do not submit information that you consider to be CBI or otherwise protected through regulations.gov, or e-mail. The Federal 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 e-mail comment directly to EPA without going through regulations.gov, your e-mail 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.                    

                        You can view and copy North Dakota's application at the following addresses: NDDH from 9 a.m. to 4 p.m., 1200 Missouri Ave, Bismarck, ND 58504-5264, contact: Curt Erickson, phone number (701) 328-5166 and EPA Region 8, from 8 a.m. to 3 p.m., 999 18th Street, Suite 300, Denver, CO 80202-2466, contact: Kris Shurr, phone number: (303) 312-6139, e-mail:                         *shurr.kris@epa.gov*.                    

# FOR FURTHER INFORMATION CONTACT:

                        Kris Shurr, EPA Region 8, 999 18th Street, Suite 300, Denver, Colorado 80202-2466, phone number: (303) 312-6139, e-mail:                         *shurr.kris@epa.gov*.                    

# SUPPLEMENTARY INFORMATION:

                    For additional information, please see the immediate final rule published in the “Rules” section of this                     **Federal Register**                    .                

Dated: September 19, 2005.

Robert E. Roberts,

Regional Administrator, Region 8.

[FR Doc. 05-19137 Filed 9-23-05; 8:45 am]

BILLING CODE 6560-50-P