[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40519-40520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19844]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[FRL-5546-4]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Final Exclusion; Correction
AGENCY: Environmental Protection Agency.
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
[[Page 40520]]
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 calculated
level of 9.6 mg/l of chromium in the TCLP extract is greater than the
toxicity characteristic (TC) level of 5.0 mg/l (see 40 CFR 261.24). A
waste exhibits the TC for chromium, and is, therefore, a hazardous
waste, if its TCLP extract contains greater than or equal to 5.0 mg/l
of chromium. Therefore, today's notice corrects the delisting level for
chromium by requiring the concentration of chromium in a TCLP extract
of UTA's petitioned waste to be less than 5.0 mg/l. This action also
addresses the fact that the calculated level for cyanide was 19.2 mg/l
in a TCLP extract of the petitioned waste. In order to be consistent
with previous delistings, cyanide should be measured in a waste extract
obtained by using deionized water as the extraction medium, rather than
the acetic acid of the TCLP. (See, for example, 56 FR 33004-33005,
33012, July 18, 1991; and 56 FR 67199, 67208, December 30, 1991.)
Therefore, today's notice corrects the delisting level for cyanide by
requiring the cyanide extraction to be conducted using deionized water.
EFFECTIVE DATE: July 18, 1996.
ADDRESSES: The RCRA regulatory docket for the final rule and today's
notice is located at the EPA Library, U.S. Environmental Protection
Agency, Region 4, 345 Courtland Street, N.E., Atlanta, Georgia 30365,
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, RCRA Compliance Section, (Mail Code 4WD-RCRA), U.S.
Environmental Protection Agency, Region 4, 345 Courtland Street, NE,
Atlanta, Georgia 30365, (404) 347-3555, x6408, 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 Jerry
Ingram, Tennessee Department of Environment and Conservation (TDEC),
5th Floor, L & C Tower, 401 Church Street, Nashville, Tennessee 37243-
1535, (615) 532-0850. If you wish to copy documents at TDEC, please
contact Mr. Ingram for copying procedures and costs.
SUPPLEMENTARY INFORMATION:
I. Reasons and Basis for This Action
Although 40 CFR 260.22 requires a petitioner to demonstrate that
the petitioned waste does not exhibit any of the characteristics in
Sec. 261.21, Sec. 261.22, Sec. 261.23, and Sec. 261.24, and that a
waste excluded in accordance with Sec. 261.22 may still be a hazardous
waste under Subpart C of Part 261, today's notice changes the delisting
level for chromium to below the regulatory level for the toxicity
characteristic (TC) in Sec. 261.24, in order to ensure that the
petitioned waste does not exhibit the TC and to clarify that no waste
which exhibits the TC is allowed to be disposed in a Subtitle D
facility.
The calculated level of 9.6 mg/l for chromium in the final rule
resulted from the fact that the maximum contaminant level (MCL) for
chromium, established by the Safe Drinking Water Act, was changed from
0.05 mg/l to 0.10 mg/l (see 56 FR 3526-3597, January 30, 1991). The TC
levels in Sec. 261.24, which equal 100 x the appropriate MCL at the
time of their promulgation, have not been changed to be consistent with
current MCL values.
As stated in the Summary paragraph of today's correction notice, in
order to be consistent with previous delistings, cyanide should be
measured in a waste extract obtained by using deionized water as the
extraction medium, rather than the acetic acid of the TCLP. (See, for
example, 56 FR 33004-33005, 33012, July 18, 1991; and 56 FR 67199,
67208, December 30, 1991.) Therefore, today's notice corrects the
delisting level for cyanide by requiring the cyanide extraction to be
conducted using deionized water.
II. Corrections to the Final Rule
A. On page 37401, of the Federal Register of July 18, 1996, Table 1
of the Preamble:
The delisting level for chromium is corrected to read: ``9.6;
delisting level is set at less than 5.0, the toxicity characteristic
level.''
The delisting level for cyanide is corrected to read: ``19.2;
(cyanide extraction must be conducted using deionized water.)''
B. On page 37402, Table 1 of Appendix IX of Part 261:
Condition (3) is corrected to read: ``(3) Delisting Levels: All
leachable concentrations for these constituents must not exceed the
following levels (ppm): Cadmium--0.48; cyanide--19.2; lead--1.4; and
nickel--9.6. 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.''
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.
Dated: July 19, 1996.
James S. Kutzman,
Associate Director, Office of RCRA & Fed. Facilities.
[FR Doc. 96-19844 Filed 8-2-96; 8:45 am]
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