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

hazardous-waste · Rule · Published 1996-08-05 · Effective 1996-07-18 · 61 FR 40519

Document

Document number
96-19844
Federal Register citation
61 FR 40519
CFR reference
40 CFR 261
Type
Rule
Action
Final rule; Correction.
Category
hazardous-waste
Publication date
1996-08-05
Effective date
1996-07-18
EPA docket
FRL-5546-4

Abstract

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 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.

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