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###### Environmental Protection Agency

          - 40 CFR Parts 271 and 272
          - [EPA-R08-RCRA-2006-0501 FRL-8524-6]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Proposed rule.

# SUMMARY:

                        North Dakota has applied to EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA proposes to grant final authorization to the hazardous waste program changes submitted by North Dakota. In addition, EPA is proposing to codify in the regulations entitled “Approved State Hazardous Waste Management Programs”, North Dakota's authorized hazardous waste program. EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State statutes and regulations that are authorized and that EPA will enforce under the Solid Waste Disposal Act, as amended and commonly referred to as RCRA. In the “Rules and Regulations” section of this                         **Federal Register**                        ,  we are authorizing the State's program changes and codifying and incorporating by reference the authorized hazardous waste program as an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe these actions are not controversial and do not expect comments to oppose them. We have explained the reasons for this authorization and incorporation-by-reference in the preamble to the immediate final rule. Unless we get written comments opposing this authorization and incorporation by reference during the comment period, the immediate final rule will become                               ( print page 8641)                            effective and the Agency will not take further action on this proposal. If we receive comments that oppose these actions, we will publish a document in the                         **Federal Register**                         withdrawing this rule before it takes effect. EPA will then address public comments in a later final rule based on this proposal. Any parties interested in commenting on these actions must do so at this time. EPA may not provide further opportunity for comment.                    

# DATES:

Comments must be received on or before March 17, 2008.

# ADDRESSES:

Submit your comments, identified by Docket ID No. EPA-R08-RCRA-2006-0501, by one of the following methods:
      -  Federal eRulemaking Portal: http://www.regulations.gov.                         Follow the on-line instructions for submitting comments.                    
      -  E-mail: daly.carl@epa.gov. 
      -  Fax:                          (303) 312-6341.                    
      -  Mail:                          Send written comments to Carl Daly, Solid and Hazardous Waste Program, EPA Region 8, Mailcode 8P-HW, 1595 Wynkoop Street, Denver, Colorado 80202-1129.                    
      -  Hand Delivery or Courier:                          Deliver your comments to Carl Daly, Solid and Hazardous Waste Program, EPA Region 8, Mailcode 8P-HW, 1595 Wynkoop Street, Denver, CO  80202-1129. Such deliveries are only accepted during the Regional Office's normal hours of operation. The public is advised to call in advance to verify the business hours. Special arrangements should be made for deliveries of boxed information.                    

*Instructions:*                         Direct your comments to Docket ID No. EPA-R08-RCRA-2006-0501. EPA's policy is that all comments received will be included in the public docket without change, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through                         *http://www.regulations.gov,*                         or e-mail. The federal web site,                         *http://www.regulations.gov,*                         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                         *http://www.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 or any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at                         *http://www.epa.gov/​epahome/​dockets.htm.*

*Docket:*                         All documents in the docket are listed in the                         *http://www.regulations.gov*                         index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically through                         *www.regulations.gov*                         or in hard copy at: EPA Region 8, from 9 a.m. to 4 p.m., 1595 Wynkoop Street, Denver, Colorado, contact: Carl Daly, phone number (303) 312-6416, or the North Dakota Department of Health (NDDH) from 9 a.m. to 4 p.m., 1200 Missouri Ave, Bismarck, ND 58504-5264, contact: Curt Erickson, phone number (701) 328-5166. The public is advised to call in advance to verify the business hours.                    

# FOR FURTHER INFORMATION CONTACT:

                        Carl Daly, Solid and Hazardous Waste Program, U.S. Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, CO  80202, (303) 312-6416,                         *daly.carl@epa.gov.*

# SUPPLEMENTARY INFORMATION:

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

Dated: January 22, 2008.

Carol Rushin,

Acting Regional Administrator, Region 8.

 [FR Doc. E8-2158 Filed 2-13-08; 8:45 am]

BILLING CODE 6560-50-P