[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]
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