[Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
[Rules and Regulations]
[Page 8632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4755]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[FRL-5694-6]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Final Exclusion; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: On July 18, 1996, the Environmental Protection Agency (EPA or
Agency) published a final rule granting a petition submitted by United
Technologies Automotive, Inc. (UTA), Dearborn, Michigan, to exclude (or
``delist''), conditionally, on a one-time, upfront basis, a certain
solid waste generated by UTA's chemical stabilization treatment of
lagoon sludge at the Highway 61 Industrial Site in Memphis, Tennessee,
from the lists of hazardous wastes in Secs. 261.31 and 261.32. Based on
careful analyses of the waste-specific information provided by the
petitioner, the Agency concluded that UTA's petitioned waste will not
adversely affect human health and the environment. Delisting levels for
cadmium, chromium, lead, nickel, and cyanide which would be protective
of human health and the environment were calculated and promulgated.
This action addresses the fact that the actual volume of waste to be
disposed is 39,400 cubic yards, instead of the 20,500 cubic yards
estimated by the petitioner prior to publication of the final rule.
Therefore, today's document corrects the delisting levels for the
constituents of concern by using the dilution attenuation factor (DAF)
of 79 for 40,000 cubic yards, instead of the DAF of 96 for 20,500 cubic
yards.
EFFECTIVE DATE: July 18, 1996.
ADDRESSES: The RCRA regulatory docket for the final rule and today's
document is located at the EPA Library, U.S. Environmental Protection
Agency, Region 4, 100 Alabama Street, S.W., Atlanta, Georgia 30303, and
is available for viewing from 9:00 a.m. to 4:00 p.m., Monday through
Friday, excluding Federal holidays.
The reference number for this docket is R4-96-UTEF. The public may
copy material from any regulatory docket at no cost for the first 100
pages, and at a cost of $0.15 per page for additional copies. For
copying at the Tennessee Department of Environment and Conservation,
please see below.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA Hotline, toll free at (800) 424-9346, or at (703) 412-9810. For
technical information concerning this notice, contact Judy
Sophianopoulos, Enforcement and Compliance Branch, (Mail Code 4WD-
RCRA), U.S. Environmental Protection Agency, Region 4, 100 Alabama
Street, S.W., Atlanta, Georgia 30303-3104, (404) 562-8604, or call,
toll free, (800) 241-1754, and leave a message, with your name and
phone number, for Ms. Sophianopoulos to return your call. You may also
contact Wayne Gregory, Tennessee Department of Environment and
Conservation (TDEC), 5th Floor, L & C Tower, 401 Church Street,
Nashville, Tennessee 37243-1535, (615) 532-0847. If you wish to copy
documents at TDEC, please contact Mr. Gregory for copying procedures
and costs.
SUPPLEMENTARY INFORMATION:
I. Reasons and Basis for Today's Document
Each delisting level in the final rule was calculated by
multiplying the health-based level for each constituent of concern by
the dilution attenuation factor (DAF) of 96 for a one-time disposal of
an estimated volume of 20,500 cubic yards of petitioned waste. See 61
FR 37399, July 18, 1996. The petitioner reported that the actual volume
to be disposed is 39,400 cubic yards. The DAF for this volume is 79.
See the proposed rule for this petitioned waste at 61 FR 14703, April
3, 1996.
Therefore, today's document corrects the delisting level for each
constituent of concern by multiplying each health-based level by 79.
II. Corrections to the Preamble of Final Rule
On page 37399, of the Federal Register of July 18, 1996, Table 1 of
the Preamble:
The delisting level for chromium is corrected to read: ``7.9;
delisting level is set at less than 5.0, the toxicity characteristic
level.''
The delisting level for cyanide is corrected to read: ``15.8;
(cyanide extraction must be conducted using deionized water.)''
The delisting levels for cadmium, lead, and nickel are corrected to
read: ``0.40,'' ``1.18,'' and `` 7.9,'' respectively.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.
Dated: January 31, 1997.
Jewell A. Harper,
Deputy Director, Waste Management Division.
Correction to Final Rule
PART 261--[CORRECTED]
Appendix IX [Corrected]
On page 37402, of the Federal Register of July 18, 1996, in
appendix IX to part 261, in the third column of table 1, condition (3)
is corrected 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
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* * * * *
(3) Delisting
Levels: All
leachable
concentrations
for these
constituents must
not exceed the
following levels
(ppm): Cadmium--
0.40; cyanide--
15.8; lead--1.18;
and nickel--7.9.
The leachable
concentration of
chromium must be
less than 5.0
ppm. Metal
concentrations in
the waste
leachate must be
measured by the
method specified
in 40 CFR 261.24.
The cyanide
extraction must
be conducted
using deionized
water. Total
cyanide
concentration in
the leachate must
be measured by
Method 9010 or
Method 9012 of SW-
846.
* * * * *
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[FR Doc. 97-4755 Filed 2-25-97; 8:45 am]
BILLING CODE 6560-50-P
