[Federal Register Volume 65, Number 95 (Tuesday, May 16, 2000)]
[Rules and Regulations]
[Pages 31096-31100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12306]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[SW-FRL-6606-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA (also, ``the Agency'' or ``we'' in this preamble) is 
granting a petition submitted by General Motors Corporation, Lansing 
Car Assembly--Body Plant (GM) in Lansing, Michigan, to exclude (or 
``delist'') certain solid wastes generated by its wastewater treatment 
plant (WWTP) from the lists of hazardous wastes contained in subpart D 
of part 261.
    After careful analysis, the EPA has concluded that the petitioned 
waste is not hazardous waste when disposed of in a Subtitle D landfill. 
This exclusion applies to wastewater treatment sludge generated at GM's 
Lansing, Michigan facility. Accordingly, this final rule excludes the 
petitioned waste from the requirements of hazardous waste regulations 
under the Resource Conservation and Recovery Act (RCRA) when disposed 
of in a Subtitle D landfill but imposes testing conditions to ensure 
that future-generated wastes remain qualified for delisting.

EFFECTIVE DATE: This rule is effective on May 16, 2000.

ADDRESSES: The RCRA regulatory docket for this proposed rule is located 
at the U.S. EPA Region 5, 77 W. Jackson Blvd., Chicago, IL 60604, and 
is available for viewing from 8:00 a.m. to 4:00 p.m., Monday through 
Friday, excluding Federal holidays. Call Peter Ramanauskas at (312) 
886-7890 for appointments. The public may copy material from the 
regulatory docket at $0.15 per page.

FOR FURTHER INFORMATION CONTACT: For technical information concerning 
this document, contact Peter Ramanauskas at the address above or at 
(312) 886-7890.

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 Wastewater Treatment Sludge
    A. What Waste Did GM Petition EPA to Delist?
    B. What Information Must the Generator Supply?
    C. What Information Did GM Submit to Support This Petition?
III. EPA's Evaluation and Final Rule
    A. What Decision Is EPA Finalizing and Why?
    B. What Are the Terms of This Exclusion?
    C. When Is the Delisting Effective?
    D. How Does This Action Affect the States?
IV. Public Comments Received on the Proposed Exclusion
    A. Who Submitted Comments on the Proposed Rule?
    B. Comments and Responses From EPA
V. Regulatory Impact
VI. Congressional Review Act
VII. Executive Order 12875

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 Code of Federal Regulations (CFR) 
Sec. 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.
    Generators remain obligated under RCRA to confirm that their waste 
remains nonhazardous based on the hazardous waste characteristics even 
if EPA has ``delisted'' the wastes.

B. What Regulations Allow a Waste To Be Delisted?

    Under 40 CFR 260.20 and 260.22, facilities may petition the EPA to 
remove their wastes from hazardous waste control by excluding them from 
the lists of hazardous wastes contained in Secs. 261.31 and 261.32. 
Specifically, Sec. 260.20 allows any person to petition the 
Administrator to modify or revoke any provision of parts 260 through 
266, 268, and 273 of Title 40 of the Code of Federal Regulations. 
Section 260.22 provides generators the opportunity to petition the 
Administrator to exclude a waste on a ``generator specific'' basis from 
the hazardous waste lists.

[[Page 31097]]

II. GM's Petition to Delist Wastewater Treatment Sludge

A. What Waste Did GM Petition EPA to Delist?

    In November 1998, GM petitioned EPA to exclude an annual volume of 
1,250 cubic yards of F019 wastewater treatment sludges from the 
chemical conversion coating of aluminum generated at its Lansing Car 
Assembly--Body Plant located in Lansing, Michigan from the list of 
hazardous wastes contained in 40 CFR 261.31.

B. What Information Must the Generator Supply?

    Petitioners must provide sufficient information to allow the EPA to 
determine that the waste does not meet any of the criteria for which it 
was listed as a hazardous waste. In addition, where there is a 
reasonable basis to believe that factors other than those for which the 
waste was listed (including additional constituents) could cause the 
waste to be hazardous, the Administrator must determine that such 
factors do not warrant retaining the waste as hazardous.

C. What Information Did GM Submit to Support This Petition?

    To support its petition, GM submitted (1) Descriptions and 
schematic diagrams of its manufacturing and wastewater treatment 
processes; (2) results of analyses for the characteristics of 
ignitability, corrosivity, and reactivity; (3) total constituent 
analyses and Extraction Procedure for Oily Wastes (OWEP, SW-846 Method 
1330A) analyses for the eight toxicity characteristic metals listed in 
40 CFR 261.24, plus antimony, beryllium, cobalt, copper, hexavalent 
chromium, nickel, tin, thallium, vanadium, and zinc; (4) total 
constituent and Toxicity Characteristic Leaching Procedure (TCLP), SW-
846 Method 1311 analyses for 56 volatile and 117 semi-volatile organic 
compounds and formaldehyde; (5) total constituent and TCLP analyses for 
sulfide, cyanide, and fluoride; (6) total constituent and TCLP analyses 
for organochlorine pesticides and chlorinated herbicides; and (7) 
analysis for oil and grease, and percent solids.

III. EPA's Evaluation and Final Rule

A. What Decision Is EPA Finalizing and Why?

    Today the EPA is finalizing an exclusion to GM for its wastewater 
treatment plant sludge generated at the GM facility in Lansing, 
Michigan. GM petitioned EPA to exclude, or delist, the wastewater 
treatment sludge because GM believes that the petitioned waste does not 
meet the RCRA criteria for which it was listed and that there are no 
additional constituents or factors which could cause the waste to be 
hazardous. Review of this petition included consideration of the 
original listing criteria, as well as the additional factors required 
by the Hazardous and Solid Waste Amendments of 1984 (HSWA). See 
Sec. 222 of HSWA, 42 United States Code (U.S.C.) 6921(f), and 40 CFR 
260.22 (d)(2)-(4). On October 13, 1999, EPA proposed to exclude or 
delist GM's wastewater treatment sludge from the list of hazardous 
wastes in 40 CFR 261.31 and accepted public comment on the proposed 
rule (64 FR 55443). EPA considered all comments received, and for 
reasons stated in both the proposal and this document, we believe that 
GM's waste should be excluded from hazardous waste control.

C. What Are the Terms of This Exclusion?

    GM must dispose of the waste in a Subtitle D landfill which is 
permitted, licensed, or registered by a state to manage industrial 
waste. GM must verify on an annual basis that the concentrations of the 
constituents of concern do not exceed the allowable levels set forth in 
this exclusion. This exclusion applies to a maximum annual volume of 
1,250 cubic yards of waste water treatment sludge and is effective only 
if all conditions contained in today's rule are satisfied.

D. When Is the Delisting Effective?

    This rule is effective May 16, 2000. The Hazardous and Solid Waste 
Amendments of 1984 amended section 3010 of RCRA to allow rules to 
become effective in less than six months when the regulated community 
does not need the six-month period to come into compliance. This rule 
reduces rather than increases the existing requirements and, therefore, 
is effective immediately upon publication under the Administrative 
Procedure Act, pursuant to 5 U.S.C. 553(d).

E. How Does This Action Affect the States?

    Because EPA is issuing today's exclusion under the federal RCRA 
delisting program, only states subject to federal RCRA delisting 
provisions would be affected. This exclusion may not be effective in 
states having a dual system that includes federal RCRA requirements and 
their own requirements, or in states which have received our 
authorization to make their own delisting decisions.
    EPA allows states to impose their own non-RCRA regulatory 
requirements that are more stringent than EPA's, under section 3009 of 
RCRA. These more stringent requirements may include a provision that 
prohibits a federally issued exclusion from taking effect in the state. 
Because a dual system (that is, both federal (RCRA) and state (non-
RCRA) programs) may regulate a petitioner's waste, we urge petitioners 
to contact the state regulatory authority to establish the status of 
their wastes under the state law.
    EPA has also authorized some states to administer a delisting 
program in place of the federal program, that is, to make state 
delisting decisions. Therefore, this exclusion does not apply in those 
authorized states. If GM transports the petitioned waste to or manages 
the waste in any state with delisting authorization, GM must obtain a 
delisting from that state before it can manage the waste as 
nonhazardous in the state.

IV. Public Comments Received on the Proposed Exclusion

A. Who Submitted Comments on the Proposed Rule?

    The EPA received public comments on the proposed notice published 
on October 13, 1999 from General Motors Corporation, Ford Motor 
Company, DaimlerChrysler Corporation, The American Zinc Association, 
Mr. John S. Olczak, Michigan Department of Environmental Quality, Alcoa 
Inc., Michigan Manufacturers Association, Reynolds Metals Company, 
Alcan Aluminum Corporation, The Aluminum Association, and Heritage 
Environmental Services, LLC.

B. Comments and Responses From EPA

    Comment: Land Disposal Restrictions (LDRs) are not applicable to 
waste which is not hazardous.
    Response: LDRs will not apply to GM's petitioned waste because the 
waste meets the delisting levels at the point of generation. However, 
the Agency believes that in some circumstances wastes which meet 
exemption levels may also have to meet LDR requirements. The Proposed 
Hazardous Waste Identification Rule (HWIR) in the November 19, 1999 
Federal Register states that ``Wastes that have met the HWIR exemption 
levels after the point of generation, however, would still be subject 
to LDRs even after they become exempt from the definition of hazardous, 
because LDRs apply to wastes that are hazardous or have ever been 
hazardous.''
    Comment: LDRs for nickel and lead should not apply to the 
petitioned waste

[[Page 31098]]

because LDRs do not apply to these constituents in F019 waste.
    Response: In the proposed rule, the agency interpreted the 
requirement to consider all factors which could cause the waste to be 
hazardous to include consideration of LDRs for all hazardous 
constituents. However, since the universal treatment standards for 
nickel and lead are based on technology rather than on risk, there is 
no risk basis for applying them to this waste. These LDRs will not 
apply to GM's petitioned waste.
    Comment: The frequency of verification testing is unnecessarily 
burdensome.
    Response: The levels set forth in condition 1 of this rule must be 
verified on an annual basis. The monthly verification of the treatment 
standards in the proposed rule has been eliminated in today's final 
rule. The agency believes that verification on an annual basis is 
appropriate.
    Comment: Verification testing for the pesticides Beta-BHC and DDT 
is inappropriate. These constituents were reported in only the extract 
from one sample and the data were rejected due to laboratory 
contamination. These chemicals are not used at this facility and were 
not detected in any total analysis.
    Response: The constituents in question are pesticides which are not 
likely to be in the facility's waste. The Agency accepts the facility's 
statement that these substances are not used at the facility and the 
single TCLP analysis which indicates their presence should be rejected 
on the basis of laboratory contamination.
    Comment: Verification testing should be limited to Appendix IX 
metals & other constituents that were present in the TCLP extract at 
greater than \1/100\ of the delisting level. Testing for constituents 
which do not exceed \1/100\th of the delisting level is unnecessary and 
overly burdensome.
    Response: The Agency believes that continued testing for all 
constituents in condition 1 is appropriate.
    Comment: The test for reactivity (if one becomes available) should 
be required only when there is a process change that could cause the 
waste to be reactive.
    Response: Delisting policy requires demonstration that the wastes 
are not characteristic. The analysis for total cyanide in Table 1 of 
the proposed rule demonstrates that the waste will not be reactive for 
hydrogen cyanide. However, the concentration of sulfide in this waste 
is substantially greater and could cause the waste to be reactive. 
Condition 1(c) has been modified to specify reactivity for sulfide.
    Comment: Zinc is not included in the list of hazardous constituents 
in Appendix VIII to 40 CFR Part 261 and is not included in the 
definition of ``underlying hazardous constituent'' in Sec. 268.2(i). 
Commenter requested that zinc be eliminated as a hazardous constituent 
in GM's waste.
    Response: Zinc is not referred to as a hazardous constituent in 
this rule, but it is a constituent of concern and it can reasonably be 
expected to be present at the point of generation. Table 3 of the 
proposed rule, which includes zinc, sets forth allowable concentration 
levels for constituents of concern.
    Comment: Chromium VI is one of the constituents that caused the 
F019 waste to be listed and it is not clear that chromium VI concerns 
have been addressed.
    Response: The allowable level for chromium is presented as total 
chromium but the allowable level for total chromium was calculated 
based on the conservative assumption that all chromium in the waste is 
chromium VI.
    Comment: In Condition 5(a) and (c), 10 days is not sufficient time 
to review the data and prepare an adequate response.
    Response: The Agency agrees that more time may be necessary to 
initially validate the data, but believes the allotted time in 
Condition 5(c) for a preliminary response is adequate. In the final 
rule, the last two lines in Condition 5(a) have been changed to read 
``* * * then GM must notify the Regional Administrator in writing 
within 10 days and must report the data within 45 days of first 
possessing or being made aware of that data.'' Condition 5(c) is 
unchanged.
    Comment: GM will be using high performance liquid chromatography 
(HPLC) method for future analysis of formaldehyde.
    Response: We agree that HPLC is an appropriate method for this 
constituent.
    Comment: The conditions would set a new and unjustified precedent 
for all generators considering delisting.
    Response: The conditions in this delisting are limited to a 
specific waste at a specific facility. This rule does not set standards 
for other generators.
    Comment: Application of different testing protocols or 
inconsistency by the USEPA between petitioners introduces uncertainty 
to the exclusion process and may pose a barrier to interstate commerce.
    Response: The conditions in this delisting are limited to a 
specific waste at a specific facility. The delisting process excludes 
waste on a ``generator specific'' basis. Due to the variety of waste 
types that may be the subject of a delisting petition, there will 
always be the potential that different testing protocols will be 
utilized to adequately characterize the petitioned waste.
    Comment: Commenter supports EPA's consistent application of the 
published TCLP procedure to guide waste management decisions along with 
the published guidance used to exclude petitioned hazardous waste from 
regulation.
    Response: As wastes and disposal environments may vary, the factors 
influencing the leachability of wastes will also vary. For a more 
complete assessment of leachability, it may be necessary to supplement 
the TCLP with a modified TCLP as discussed in the most recent version 
of the Region 6 Guidance Manual for the Petitioner. The Region 6 
guidance manual is endorsed and recommended by Region 5.
    Comment: The requirement to compile an annual report and submit the 
data to the EPA is an additional burden on the regulated community as 
the facility is already required to maintain the data for a period of 
five years.
    Response: Condition 4 of the proposed rule requires that the data 
be compiled, summarized and maintained on site. Only a summary of the 
data is to be submitted to the EPA. Today's rule does not require the 
preparation of an annual report to the EPA.

V. Regulatory Impact

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a rule of general applicability and therefore is not a 
``regulatory action'' subject to review by the Office of Management and 
Budget. Because this action is a rule of particular applicability 
relating to a facility, it is not subject to the regulatory flexibility 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or 
to sections 202, 204, and 205 of the Unfunded Mandates Reform Act of 
1995 (UMRA) (Pub. L. 104-4). Because the rule will affect only one 
facility, it will not significantly or uniquely affect small 
governments, as specified in section 203 of UMRA, or communities of 
tribal governments, as specified in Executive Order 13084 (63 FR 27655, 
May 10, 1998). For the same reason, this rule 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 (64 FR 43255, August 10, 1999). This rule

[[Page 31099]]

also is not subject to Executive Order 13045 (62 FR 19885, April 23, 
1997), because it is not economically significant.
    This rule does not involve technical standards; thus, the 
requirements of section 12(c) 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 (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. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
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.).

VI. Congressional Review Act

    The Congressional Review Act (5 U.S.C. 801 et seq.) as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of Congress and to the Comptroller General of the United 
States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, the Comptroller General of the United States prior to 
publication of the final rule in the Federal Register. This rule is not 
a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will become 
effective on the date of publication in the Federal Register.

VII. Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a state, local, 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of state, local, and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.'' 
Today's rule does not create a mandate on state, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of Executive 
Order 12875 do not apply to this rule.

List of Subjects in 40 CFR Part 261

    Hazardous waste, Recycling, Reporting and recordkeeping 
requirements.

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

    Dated: May 3, 2000.
Robert Springer,
Director, Waste, Pesticides and Toxics Division.

    For the reasons set out in the preamble, 40 CFR part 261 is 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 add the following waste 
stream in alphabetical order by facility to read as follows:

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

                               Table 1.--Wastes Excluded From Non-Specific Sources
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              Facility                            Address                          Waste description
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
General Motors Corporation. Lansing   Lansing, Michigan.............  Wastewater treatment plant (WWTP) sludge
 Car Assembly--Body Plant.                                             from the chemical conversion coating
                                                                       (phosphate coating) of aluminum (EPA
                                                                       Hazardous Waste No. F019) generated at a
                                                                       maximum annual rate of 1,250 cubic yards
                                                                       per year and disposed of in a Subtitle D
                                                                       landfill, after May 16, 2000.
                                                                      1. Delisting Levels:
                                                                        (A) The constituent concentrations
                                                                         measured in the TCLP extract may not
                                                                         exceed the following levels (mg/L):
                                                                         Antimony--0.576; Arsenic--4.8; Barium--
                                                                         100; Beryllium--0.384; Cadmium--0.48;
                                                                         Chromium (total)--5; Cobalt--201.6;
                                                                         Copper--124.8; Lead--1.44; Mercury--
                                                                         0.192; Nickel--67.2; Selenium--1;
                                                                         Silver--5; Thallium--0.192; Tin--2016;
                                                                         Vanadium--28.8; Zinc--960; Cyanide--
                                                                         19.2; Fluoride--384; Acetone--336; m,p--
                                                                         Cresol--19.2; 1,1--Dichloroethane--
                                                                         0.0864; Ethylbenzene--67.2;
                                                                         Formaldehyde--672; Phenol--1920;
                                                                         Toluene--96; 1,1,1--Trichloroethane--
                                                                         19.2; Xylene--960.
                                                                        (B) The total concentration of
                                                                         formaldehyde in the waste may not
                                                                         exceed 2100 mg/kg.
                                                                        (C) Analysis for determining reactivity
                                                                         from sulfide must be added to
                                                                         verification testing when an EPA-
                                                                         approved method becomes available.
                                                                      2. Verification Testing: GM must implement
                                                                       an annual testing program to demonstrate
                                                                       that the constituent concentrations
                                                                       measured in the TCLP extract (or OWEP,
                                                                       where appropriate) of the waste do not
                                                                       exceed the delisting levels established
                                                                       in Condition (1).

[[Page 31100]]

 
                                                                      3. Changes in Operating Conditions: If GM
                                                                       significantly changes the manufacturing
                                                                       or treatment process or the chemicals
                                                                       used in the manufacturing or treatment
                                                                       process, GM must notify the EPA of the
                                                                       changes in writing. GM must handle wastes
                                                                       generated after the process change as
                                                                       hazardous until GM has demonstrated that
                                                                       the wastes meet the delisting levels set
                                                                       forth in Condition (1), 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 annual verification
                                                                       testing or as required by other
                                                                       conditions of this rule to U.S. EPA
                                                                       Region 5, 77 W. Jackson Blvd. (DW-8J),
                                                                       Chicago, IL 60604, within 60 days of
                                                                       sampling. GM must compile, summarize, and
                                                                       maintain on site for a minimum of five
                                                                       years records of operating conditions and
                                                                       analytical data. 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 environmental data (including but not
                                                                       limited to leachate data or groundwater
                                                                       monitoring data) or any other data
                                                                       relevant to the delisted waste indicating
                                                                       that any constituent identified in
                                                                       Condition (1) is at a level in the
                                                                       leachate higher than the delisting level
                                                                       established in Condition (1), or is at a
                                                                       level in the ground water or soil higher
                                                                       than the level predicted by the CML
                                                                       model, then GM must notify the Regional
                                                                       Administrator in writing within 10 days
                                                                       and must report the data within 45 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 10 days from the
                                                                       date of the Regional Administrator's
                                                                       notice to present the information.
                                                                      (d) If after 10 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.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 00-12306 Filed 5-15-00; 8:45 am]
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