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###### Environmental Protection Agency

          - 40 CFR Part 62 
          - [R01-OAR-2005-MA-0003; FRL-7986-5] 

# AGENCY:

Environmental Protection Agency (EPA). 

# ACTION:

Proposed rule. 

# SUMMARY:

EPA proposes to approve the Sections 111(d) and 129 negative declaration submitted by the Massachusetts Department of Environmental Protection (MADEP) on August 23, 2005. This negative declaration adequately certifies that there are no existing commercial and industrial solid waste incineration units (CISWIs) located within the boundaries of the Commonwealth of Massachusetts. 

# DATES:

EPA must receive comments in writing by November 21, 2005. 

# ADDRESSES:

Submit your comments, identified by Regional Material in EDocket (RME) ID Number R01-OAR-2005-MA-0003 by one of the following methods: 

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

                        2. Agency Web site:                         *http://docket.epa.gov/​rmepub/​*                         Regional Material in EDocket (RME), EPA's electronic public docket and comment system, is EPA's preferred method for receiving comments. Once in the system, select “quick search,” then key in the appropriate RME Docket identification number. Follow the on-line instructions for submitting comments.                     

                        3. E-mail:                         *brown.dan@epa.gov*

4. Fax: (617) 918-0048 

5. Mail: “RME ID Number R01-OAR-2005-MA-0003”, Daniel Brown, Chief, Air Permits, Toxics & Indoor Programs Unit, Office of Ecosystem Protection, U.S. EPA, One Congress Street, Suite 1100 (CAP), Boston, Massachusetts 02114-2023. 

6. Hand Delivery or Courier. Deliver your comments to: Daniel Brown, Chief, Air Permits, Toxics & Indoor Programs Unit, Office of Ecosystem Protection, U.S. EPA, One Congress Street, Suite 1100 (CAP), Boston, Massachusetts 02114-2023. 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, 8:30 to 4:30 excluding federal 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.                     

Copies of documents relating to this proposed rule are available for public inspection during normal business hours at the following locations. The interested persons wanting to examine these documents should make an appointment with the appropriate office at least 24 hours before the day of the visit. 

                        Environmental Protection Agency, Air Permits, Toxics & Indoor Programs Unit,                               ( print page 61107)                            Office of Ecosystem Protection, Suite 1100 (CAP), One Congress Street, Boston, Massachusetts 02114-2023.                     

Massachusetts Department of Environmental Protection, Business Compliance Division, One Winter Street, Boston, Massachusetts 04333-0017, (617) 292-5500. 

# FOR FURTHER INFORMATION CONTACT:

                        John Courcier, Office of Ecosystem Protection (CAP), EPA-New England, Region 1, Boston, Massachusetts 02203, telephone number (617) 918-1659, fax number (617) 918-0659, e-mail                         *courcier.john@epa.gov*.                     

# SUPPLEMENTARY INFORMATION:

                    In the Final Rules Section of this                     **Federal Register**                    , EPA is approving the Massachusetts Negative Declaration 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 no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives 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 rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions 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: October 13, 2005. 

Robert W. Varney, 

Regional Administrator, EPA New England. 

[FR Doc. 05-20984 Filed 10-19-05; 8:45 am] 

BILLING CODE 6560-50-P