[Federal Register Volume 70, Number 78 (Monday, April 25, 2005)]
[Proposed Rules]
[Pages 21165-21170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8190]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[R5-GMJA-05; SW-FRL-7903-4]


Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste Proposed Exclusion

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The EPA (also, ``the Agency'' or ``we'' in this preamble) is 
proposing to grant a petition to exclude or ``delist'' wastewater 
treatment sludge from conversion coating on aluminum generated by the 
General Motors Corporation (GM) Janesville Truck Assembly Plant (JTAP) 
in Janesville, Wisconsin from the requirements of hazardous waste 
regulations under the Resource Conservation and Recovery Act (RCRA). 
This proposed exclusion, if finalized, conditionally excludes the 
petitioned waste from the requirements of hazardous waste regulations 
under RCRA.
    This petition was evaluated in a manner similar to the expedited 
process developed as a special project in conjunction with the Michigan 
Department of Environmental Quality (MDEQ) for delisting similar wastes 
generated by a similar manufacturing process. Based on an evaluation of 
waste-specific information provided by GM, we have tentatively 
concluded that the petitioned waste from JTAP is nonhazardous with 
respect to the original listing criteria and that there are no other 
factors which would cause the waste to be hazardous. This exclusion, if 
finalized, would be valid only when the sludge is disposed of in a 
Subtitle D landfill which is permitted, licensed, or registered by a 
State to manage industrial solid waste.

DATES: We will accept public comments on this proposed rule until June 
9, 2005.

ADDRESSES: Please send two copies of your comments to Judy Kleiman, 
Waste Management Branch (DW-8J), Environmental Protection Agency, 77 W. 
Jackson Blvd., Chicago, Illinois 60604. We will stamp comments 
postmarked after the close of the comment period as ``late.'' These 
``late'' comments may not be considered in formulating a final 
decision. Any person may request a hearing on this proposed decision by 
filing a request with Margaret Guerriero, Director, Waste, Pesticides 
and Toxics Division, Environmental Protection Agency, 77 W. Jackson 
Blvd., Chicago, Illinois 60604. Your request for a hearing must reach 
EPA by May 10, 2005. The request must contain the information 
prescribed in Title 40 Code of Federal Regulations (40 CFR) 260.20(d).

FOR FURTHER INFORMATION CONTACT: The RCRA regulatory docket for this 
proposed rule, number R5-GMJA-04, is located at EPA Region 5, 77 W. 
Jackson Blvd., Chicago, IL 60604, and is available for viewing from 8 
a.m. to 4 p.m., Monday through Friday, excluding Federal holidays. The 
public may copy material from the regulatory docket at $0.15 per page. 
For further technical information concerning this document or for 
appointments to view the docket, contact Judy Kleiman at the address 
above, by calling 312-886-1482 or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The information in this section is organized 
as follows:

I. Background
    A. What is a delisting petition?
    B. What regulations allow a waste to be delisted?
II. GM's Petition to Delist Waste from Janesville Truck Assembly 
Plant
    A. How is the petitioned waste generated?
    B. What is the process for delisting F019 from zinc phosphating 
operations at automobile and light truck assembly plants?
    C. What information did GM submit in support of its petition?
III. EPA's Evaluation of This Petition
    A. How did EPA evaluate the information submitted?
    B. What did EPA conclude about this waste?
IV. Proposal to Delist Waste from Janesville Truck Assembly Plant
    A. What is EPA proposing?
    B. What are the terms of this exclusion?
    C. What are the maximum allowable concentrations of hazardous 
constituents in the waste?
V. Statutory and Executive Order Reviews

I. Background

A. What Is a Delisting Petition?

    A delisting petition is a request from a generator to exclude waste 
from the list of hazardous wastes under RCRA regulations. In a 
delisting petition, the petitioner must show that waste generated at a 
particular facility does not meet any of the criteria for which EPA 
listed the waste as set forth in 40 CFR 261.11 and the background 
document for the waste. In addition, a petitioner must demonstrate that 
the waste does not exhibit any of the hazardous waste characteristics 
(that is, ignitability, reactivity, corrosivity, and toxicity) and must 
present sufficient information for us to decide whether factors other 
than those for which the waste was listed warrant retaining it as a 
hazardous waste. (See 40 CFR 260.22, 42 United States Code (U.S.C.) 
6921(f) and the background document for a listed waste.)
    A generator remains obligated under RCRA to confirm that its waste 
remains nonhazardous based on the hazardous waste characteristics even 
if EPA has ``delisted'' the waste and to ensure that future generated 
waste meets the conditions set.

B. What Regulations Allow a Waste To Be Delisted?

    Under 40 CFR 260.20, 260.22, and 42 U.S.C. 6921(f), a facility may 
petition the EPA to remove its waste from the lists of hazardous wastes 
contained in 40 CFR 261.31 and 261.32. Specifically, 40 CFR 260.20 
allows any person to petition the Administrator to modify or revoke any 
provision of parts 260 through 266, 268, and 273 of 40 CFR.

II. GM's Petition To Delist Waste From Janesville Truck Assembly Plant

A. How Is the Petitioned Wasted Generated?

    GM is petitioning to exclude wastewater treatment sludge resulting 
from a conversion coating process on truck bodies which have aluminum 
components. The truck bodies are immersed in a zinc phosphate bath 
which applies a conversion coating on the surface of the metal. The 
rinses and overflows from the conversion coating process comingle with 
wastewaters from cleaning and rinsing operations which may include 
alkaline cleaners, surfactants, organic detergents and rinse 
conditioners. After the zinc phosphating bath, the truck bodies are 
subjected to an electrocoating process and spray painting. Overflows 
and rinse water from the electrocoating process and from the paint 
booths combine with the wastewater from the conversion coating before 
entering the wastewater treatment plant. When treated, the wastewater 
from the conversion coating on aluminum causes all the sludge generated 
from these wastewaters to be a listed waste, F019.
    In the wastewater treatment plant, large particles are screened out 
and the wastewater is sent to various thickeners

[[Page 21166]]

and clarifier tanks where water and solids are further separated. The 
pH of the wastewater may be adjusted and flocculents and coagulants may 
be added to facilitate the thickening process. The solids which settle 
in the thickeners and clarifiers are dewatered in a filter press and 
the resultant F019 filter cake drops into a roll off box for disposal.
    The zinc phosphating process used today does not contain hexavalent 
chromium or cyanide for which F019 was originally listed, but trivalent 
chromium, nickel, and zinc may be present in the wastewater and in the 
sludge. Other hazardous constituents such as organic solvents, 
formaldehyde or additional metals could also be in the waste stream. 
Before a waste can be delisted, the petitioner must demonstrate that 
there are no hazardous constituents in the sludge from other operations 
in the plant at levels of concern and that there are no other factors 
that might cause the waste to be hazardous. GM believes that its sludge 
does not contain the constituents for which F019 was listed and that 
there are no other constituents or factors that would cause the waste 
to remain hazardous.

B. What Is the Process for Delisting F019 From Zinc Phospating 
Operations At Automobile and Light Truck Assembly Plants?

    The zinc phosphating process used by GM at JTAP is substantially 
similar to the process used at most automobile and light truck assembly 
plants in conversion coating steel and aluminum. A number of automobile 
and light truck assembly plants have been granted hazardous waste 
exclusions as a result of a special expedited delisting project 
established in a Memorandum of Understanding (MOU) between EPA Region 5 
and MDEQ (67 FR 10341, March 7, 2002 and 68 FR 44652, July 30, 2003). 
These facilities were able to take advantage of a common sampling 
approach and expedited rulemaking procedure mainly due to the 
similarity of the wastes and processes generating the waste. GM 
certified that the process generating the filter cake at JTAP is 
consistent with the process described in the MOU for expedited 
delistings.
    Using available historical data and other information, the 
expedited process identified 70 constituents which might be of concern 
in the F019 waste generated at automobile and light truck assembly 
plants, and a Sampling and Analysis Plan was developed specifically for 
testing this waste. EPA agreed to allow GM to use the same Sampling and 
Analysis Plan and the same list of constituents of concern to 
demonstrate that the levels of constituents in the waste at JTAP are 
below the levels of concern that could pose a threat to human health or 
the environment when the waste is disposed in a nonhazardous landfill.

C. What Information Did GM Submit in Support of Its Petition?

    To support its exclusion demonstration, GM collected six samples 
representing waste generated at JTAP over six weeks. All sampling was 
done in accordance with the Sampling and Analysis Plan developed for 
the expedited delisting project but modified to eliminate multiple 
sampling events or long term storage of full roll-off boxes. A 
representative amount of sludge was collected each week for six weeks 
starting with the week of March 15, 2004 and continuing through the 
week of April 19, 2004. The sludge for each week was placed in a 
separate 55 gallon drum, and on April 27, 2004, composite and grab 
samples were collected from all drums. In accordance with the Sampling 
and Analysis Plan, each sample was analyzed for: (1) Total analyses of 
69 constituents of concern; \1\ (2) Toxicity Characteristic Leaching 
Procedure (TCLP), Method 1311 in Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods (SW-846) for the volatile and 
semivolatile constituents of concern; (3) oil and grease, SW-846 Method 
9071B; (4) leachable metals using the Extraction Procedure for Oily 
Wastes (OWEP), SW-846 Method 1330A; (5) total constituent analysis for 
sulfide, SW-846 Method 9034; and (6) total constituent analysis for 
cyanide, SW-846 Method 9012A. In addition, the pH of each sample was 
measured using SW-846 Method 9045C and a determination was made that 
the waste was not ignitable, corrosive or reactive (see 40 CFR 261.21-
261.23). The data submitted included the appropriate quality assurance/
quality control information and was validated by an independent third 
party as required in the Sampling and Analysis Plan. The maximum values 
of constituents detected in any sample of the wastewater treatment 
sludge or in a TCLP extract of that sludge are summarized in the table 
below.
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    \1\ The expedited delisting project originally called for the 
analysis of 70 constituents. However, the analysis of acrylamide 
required extreme methods to achieve a detection level at the level 
of concern. Despite the use of single ion monitoring, no acrylamide 
was detected in any sample analyzed by any of the original 
facilities participating in the expedited delisting project. 
Consequently, the Agency decided it would not be appropriate to 
require analysis for acrylamide.
    \2\ The allowable TCLP concentrations from the groundwater 
inhalation exposure pathway have been changed to account for the 
cumulative groundwater inhalation exposure from all residential 
inhalation exposures (shower, bathroom, and whole-house). Previous 
calculations of allowable levels were based on only the most 
conservative of these three. This change in the calculation results 
in a more conservative allowable limit for TCLP concentration of 
formaldehyde.

----------------------------------------------------------------------------------------------------------------
                                  Maximum concentration observed    Maximum allowable delisting       Maximum
                                 --------------------------------    level (3,000 cubic yards)       allowable
           Constituent                                           --------------------------------   groundwater
                                   Total (mg/kg)    TCLP (mg/L)                                    concentration
                                                                   Total (mg/kg)    TCLP (mg/L)       (mg/L)
----------------------------------------------------------------------------------------------------------------
                                           Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
acetone.........................             <10            0.33              NA           1,500              34
formaldehyde....................             2.4            0.12             540          43 \2\           0.950
n-butyl alcohol.................              25             0.2              NA             171             3.7
---------------------------------
                                         Semivolatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
p-cresol........................             2.6            0.28              NA             8.5           0.190
bis (2-ethylhexyl)-phthalate....             1.7          <0.005         890,000            0.15          0.0032
2,4-dimethylphenol..............            <3.0           0.007              NA              34           0.750
naphthalene.....................            <1.5          0.0046              NA            0.55           0.012
---------------------------------

[[Page 21167]]

 
                                                     Metals
----------------------------------------------------------------------------------------------------------------
arsenic.........................             <50           0.045           8,000            0.22           0.005
barium..........................             210            <.35              NA             100               2
cadmium.........................             1.6          <0.023          22,000            0.36           0.005
chromium........................              75           <0.12           3,200             3.7           0.100
cobalt..........................             4.3          <0.029          14,000              18           0.750
lead............................             214           <0.15         500,000               5           0.015
nickel..........................           1,180            7.99              NA              68           0.750
tin.............................            <100            2.02              NA             540              23
zinc............................           7,320            0.36              NA             670              11
---------------------------------
                                                  Miscellaneous
----------------------------------------------------------------------------------------------------------------
cyanide.........................             0.7           <0.05              NA             8.6             0.2
---------------------------------
corrosivity (pH)................             7.8-8.19
                                           2.0 -\6\ or the 
target hazard quotient of one. For arsenic, the target cancer risk was 
set at 10-\4\ in consideration of the MCL and the potential 
for natural occurrence. The maximum allowable groundwater concentration 
and delisting level for arsenic correspond to a drinking water 
concentration less than one half the current MCL of 0.010 mg/L.
    EPA also used the DRAS program to estimate the aggregate cancer 
risk and hazard index for constituents detected in the waste. The 
aggregate cancer risk is the cumulative total of all individual 
constituent cancer risks. The hazard index is a similar cumulative 
total of non-cancer effects. The target aggregate cancer risk is 1 x 
10-\5\ and the target hazard index is one. The wastewater 
treatment sludge at JTAP met both of these criteria.

IV. Proposal To Delist Waste From Janesville Truck Assembly

A. What Is EPA Proposing?

    Today the EPA is proposing to conditionally exclude or delist 3,000 
cubic yards annually of wastewater treatment sludge generated at JTAP 
from conversion coating on aluminum.

B. What Are the Terms of This Exclusion?

    GM must dispose of the JTAP waste in a lined Subtitle D landfill 
which is permitted, licensed, or registered by a state to manage 
industrial waste. This exclusion applies only to a maximum annual 
volume of 3,000 cubic yards and is effective only if all conditions 
contained in this rule are satisfied. GM must verify on a quarterly 
basis that the concentrations of the constituents of concern in the 
JTAP sludge do not exceed the allowable levels set forth in this 
exclusion. The list of constituents for verification is based on the 
concentration and frequency of occurrence of constituents of concern in 
GM's JTAP sludge and in wastes generated by the majority of facilities 
participating in the expedited process to delist F019.

[[Page 21168]]

C. What Are the Maximum Allowable Concentrations of Hazardous 
Constituents in the Waste?

    Concentrations of the following constituents measured in the TCLP 
(or OWEP, where appropriate) extract of the waste must not exceed the 
following levels (mg/L): antimony--0.49; arsenic--0.22; cadmium--0.36; 
chromium--3.7; lead--5; nickel--68; selenium--1; thallium--0.21; tin--
540; zinc--670; p-cresol--8.5; and formaldehyde--43. The total 
concentrations in the waste of the following constituents must not 
exceed the following levels (mg/kg): formaldehyde--540; chromium--
3,200; and mercury--7.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993), the Agency must determine whether the 
regulatory action is ``significant'' and therefore subject to OMB 
review and the requirements of the Executive Order. It has been 
determined that this rule is not a ``significant regulatory action'' 
under the terms of Executive Order 12866 and therefore is not a 
regulatory action subject to review by the Office of Management and 
Budget (OMB).
    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.) because it applies to a particular facility only.
    Because this rule is of particular applicability relating to a 
particular facility and does not have a significant economic impact on 
a substantial number of small entities, it is not subject to the 
regulatory flexibility provisions of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.).
    This rule is not subject to sections 202, 203, 204, and 205 of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4) because 
this rule will affect only a particular facility. Therefore, EPA has 
determined that this rule does not contain a Federal mandate that may 
result in expenditures of $100 million or more for State, local, and 
tribal governments, in the aggregate, or the private sector in any one 
year.
    Because this rule will affect only a particular facility, this 
final rule does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132, ``Federalism,'' (64 FR 43255, 
August 10, 1999). Thus, Executive Order 13132 does not apply to this 
rule. Similarly, because this rule will affect only a particular 
facility, this final rule does not have tribal implications, as 
specified in Executive Order 13175, ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Thus, 
Executive Order 13175 does not apply to this rule.
    This rule also is not subject to Executive Order 13045, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant as defined in Executive Order 12866, and because the Agency 
does not have reason to believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. The basis for this belief is that the Agency used the DRAS 
program, which considers health and safety risks to infants and 
children, to calculate the maximum allowable concentrations for this 
rule.
    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)), because it is not 
a significant regulatory action under Executive Order 12866.
    This rule does not involve technical standards; thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
    As required by section 3 of Executive Order 12988, ``Civil Justice 
Reform,'' (61 FR 4729, February 7, 1996), in issuing this rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct.

List of Subjects in 40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Reporting and 
recordkeeping requirements.

    Authority: Sec. 3001(f) RCRA, 42 U.S.C. 6921(f).

    Dated: April 14, 2005.
Bruce Sypniewski,
Acting Director, Waste, Pesticides and Toxics Division.

    For the reasons set out in the preamble, 40 CFR part 261 is 
proposed to be amended as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

    1. The authority citation for part 261 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.

    2. In Table 1 of Appendix IX of part 261 the following wastestream 
is added in alphabetical order by facility to read as follows:

Appendix IX to Part 261--Wastes Excluded Under Sec. Sec.  260.20 and 
260.22

           Table 1.--Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
           Facility                  Address         Waste description
------------------------------------------------------------------------
 
                              * * * * * * *
General Motors Corporation      Janesville,        Wastewater treatment
 Janesville Truck Assembly.      Wisconsin.         sludge, F019, that
                                                    is generated at the
                                                    General Motors
                                                    Corporation (GM)
                                                    Janesville Truck
                                                    Assembly Plant
                                                    (JTAP) at a maximum
                                                    annual rate of 3,000
                                                    cubic yards per
                                                    year. The sludge
                                                    must be disposed of
                                                    in a lined landfill
                                                    with leachate
                                                    collection, which is
                                                    licensed, permitted,
                                                    or otherwise
                                                    authorized to accept
                                                    the delisted
                                                    wastewater treatment
                                                    sludge in accordance
                                                    with 40 CFR part
                                                    258. The exclusion
                                                    becomes effective as
                                                    of (insert final
                                                    publication date).

[[Page 21169]]

 
                                                   1. Delisting Levels:
                                                    (A) The
                                                    concentrations in a
                                                    TCLP extract of the
                                                    waste measured in
                                                    any sample may not
                                                    exceed the following
                                                    levels (mg/L):
                                                    antimony--0.49;
                                                    arsenic--0.22;
                                                    cadmium--0.36;
                                                    chromium--3.7; lead--
                                                    5; nickel--68;
                                                    seleium--1;
                                                    thallium--0.21; tin--
                                                    540; zinc--670; p-
                                                    cresol--8.5; and
                                                    formaldehyde--43;.
                                                    (B) The total
                                                    concentrations
                                                    measured in any
                                                    sample may not
                                                    exceed the following
                                                    levels (mg/kg):
                                                    chromium--3,200;
                                                    mercury--7; and
                                                    formaldehyde--540.
                                                   2. Quarterly
                                                    Verification
                                                    Testing: To verify
                                                    that the waste does
                                                    not exceed the
                                                    specified delisting
                                                    levels, GM must
                                                    collect and analyze
                                                    one representative
                                                    sample of JTAP's
                                                    sludge on a
                                                    quarterly basis.
                                                   3. Changes in
                                                    Operating
                                                    Conditions: GM must
                                                    notify the EPA in
                                                    writing if the
                                                    manufacturing
                                                    process, the
                                                    chemicals used in
                                                    the manufacturing
                                                    process, the
                                                    treatment process,
                                                    or the chemicals
                                                    used in the
                                                    treatment process at
                                                    JTAP significantly
                                                    change. GM must
                                                    handle wastes
                                                    generated at JTAP
                                                    after the process
                                                    change as hazardous
                                                    until it has
                                                    demonstrated that
                                                    the waste continues
                                                    to meet the
                                                    delisting levels and
                                                    that no new
                                                    hazardous
                                                    constituents listed
                                                    in appendix VIII of
                                                    part 261 have been
                                                    introduced and GM
                                                    has received written
                                                    approval from EPA.
                                                   4. Data Submittals:
                                                    GM must submit the
                                                    data obtained
                                                    through verification
                                                    testing at JTAP or
                                                    as required by other
                                                    conditions of this
                                                    rule to EPA Region
                                                    5, Waste Management
                                                    Branch (DW-8J), 77
                                                    W. Jackson Blvd.,
                                                    Chicago, IL 60604.
                                                    The quarterly
                                                    verification data
                                                    and certification of
                                                    proper disposal must
                                                    be submitted
                                                    annually upon the
                                                    anniversary of the
                                                    effective date of
                                                    this exclusion. GM
                                                    must compile,
                                                    summarize, and
                                                    maintain at JTAP
                                                    records of operating
                                                    conditions and
                                                    analytical data for
                                                    a minimum of five
                                                    years. GM must make
                                                    these records
                                                    available for
                                                    inspection. All data
                                                    must be accompanied
                                                    by a signed copy of
                                                    the certification
                                                    statement in 40 CFR
                                                    260.22(i)(12).
                                                   5. Reopener Language--
                                                    (a) If, anytime
                                                    after disposal of
                                                    the delisted waste,
                                                    GM possesses or is
                                                    otherwise made aware
                                                    of any data
                                                    (including but not
                                                    limited to leachate
                                                    data or groundwater
                                                    monitoring data)
                                                    relevant to the
                                                    delisted waste at
                                                    JTAP indicating that
                                                    any constituent is
                                                    at a level in the
                                                    leachate higher than
                                                    the specified
                                                    delisting level, or
                                                    is in the
                                                    groundwater at a
                                                    concentration higher
                                                    than the maximum
                                                    allowable
                                                    groundwater
                                                    concentration in
                                                    paragraph (e), then
                                                    GM must report such
                                                    data in writing to
                                                    the Regional
                                                    Administrator within
                                                    10 days of first
                                                    possessing or being
                                                    made aware of that
                                                    data.
                                                   (b) Based on the
                                                    information
                                                    described in
                                                    paragraph (a) and
                                                    any other
                                                    information received
                                                    from any source, the
                                                    Regional
                                                    Administrator will
                                                    make a preliminary
                                                    determination as to
                                                    whether the reported
                                                    information requires
                                                    Agency action to
                                                    protect human health
                                                    or the environment.
                                                    Further action may
                                                    include suspending,
                                                    or revoking the
                                                    exclusion, or other
                                                    appropriate response
                                                    necessary to protect
                                                    human health and the
                                                    environment.
                                                   (c) If the Regional
                                                    Administrator
                                                    determines that the
                                                    reported information
                                                    does require Agency
                                                    action, the Regional
                                                    Administrator will
                                                    notify GM in writing
                                                    of the actions the
                                                    Regional
                                                    Administrator
                                                    believes are
                                                    necessary to protect
                                                    human health and the
                                                    environment. The
                                                    notice shall include
                                                    a statement of the
                                                    proposed action and
                                                    a statement
                                                    providing GM with an
                                                    opportunity to
                                                    present information
                                                    as to why the
                                                    proposed Agency
                                                    action is not
                                                    necessary or to
                                                    suggest an
                                                    alternative action.
                                                    GM shall have 30
                                                    days from the date
                                                    of the Regional
                                                    Administrator's
                                                    notice to present
                                                    the information.
                                                   (d) If after 30 days
                                                    GM presents no
                                                    further information,
                                                    the Regional
                                                    Administrator will
                                                    issue a final
                                                    written
                                                    determination
                                                    describing the
                                                    Agency actions that
                                                    are necessary to
                                                    protect human health
                                                    or the environment.
                                                    Any required action
                                                    described in the
                                                    Regional
                                                    Administrator's
                                                    determination shall
                                                    become effective
                                                    immediately, unless
                                                    the Regional
                                                    Administrator
                                                    provides otherwise.
                                                   (e) Maximum Allowable
                                                    Groundwater
                                                    Concentrations (mg/
                                                    L):; antimony--
                                                    0.006; arsenic--
                                                    0.005; cadmium--
                                                    0.005; chromium--
                                                    0.1; lead--0.015;
                                                    nickel--0.750;
                                                    selenium--0.050;
                                                    tin--23; zinc--11; p-
                                                    Cresol--0.190; and
                                                    formaldehyde--0.950.
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 21170]]

[FR Doc. 05-8190 Filed 4-22-05; 8:45 am]
BILLING CODE 6560-50-P