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Federal Register Vol. 45, No. 212 1 Thursday, October 30, 1980 f Proposed Mules 72029
<br /> ENVIRONIMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: significant.I The Agency has received
<br /> AGENCY Matthew A.Straus,Office of Solid many comments arguing that trivalent
<br /> Waste[WH-5651, U.S.Environmental chromium is sharply distinguishable
<br /> 40 CFR Part 281 Protection Agency,X401 M St"SW., from hexavalent chrome in Its potential
<br /> Washington.D-C.20400, (202)755--9187. to cause significant human health and
<br /> [SW FRL 1639.181 _ SUPPLEMENTARY iNFORMATION:The environmental harm under normally-
<br /> Environmental Protection Agency is occurring solid waste management
<br /> Hazardous Waste Management proposing today to amend the conditions.These commenters'ultimate.
<br /> System:Identification and Listing of characteristic of EP toxicity(40 CFR point is that solid wastes containing
<br /> Hazardous Wastes261.24,45 FR 33122)to apply to
<br /> exclusively,or virtually exclusively,
<br /> hexavalent chromium instead of total trivalent chromium are not hazardous
<br /> AGENCY:Environmental Protection chromium.This preamble describes the due to chromium concentrations, and
<br /> Agency reasons for this proposed amendment, should not be regulated as if they
<br /> contain h
<br /> ACTION:Proposed rule. the precise standard being proposed, echromium,
<br /> and a proposed new analytical method The Agenncycy has
<br /> has reriewed these.
<br /> SUFMRARY•Pursuant to Section 31H11 ofcomments carefully, and has conducted
<br /> the Resource Conservation and far distinguishing between tit-and ata own investigation of this question in
<br /> Recovery Act of 1976, as amended hexavalent chromium, promulgating the regulations and in
<br /> (RCRA),the Environmental Protection 1.Basis For a Distinction in the response to the comments. We believe
<br /> Agency is proposing to amend the Hazardous Waste Management that the toxicity and environmental fate
<br /> characteristic of Extraction Procedure Regulations Between The Different of trivalent chromium merits further
<br /> (EP)toxicity(40 CFR 261.24,45 FR Valence States of Chromium study,and we intend to investigate
<br /> 33122)to apply to hexavalent chromium On May 19 and July 16.1980.EPA these questions further.It is our
<br /> instead of total chromium.The effect of published its initial regulations conclusion.however,that at the present
<br /> amending the EP toxicity characteristic implementing Section 300'1 of the time the hazardous waste management
<br /> will be to narrow the scope of the EP Resource Conservation and Recovery regulations should be amended to reflect
<br /> characteristic,making it applicable to a Act of 1976(RCRA),as amended(see 45 a distinction between trivalent and
<br /> more limited category of chromium- HR 33084 and 47832).These regulations hexavalent chromium.The principal
<br /> containing wastes.These wastes will define the scope of a comprehensive points of distinction between the two
<br /> then be subject to the management Federal and Stale program to effectively types of chromium which we believe
<br /> standards issued by EPA under Sections control the management of hazardous justify this regulatory amendment are
<br /> 3002 through 3006 and 3010 of RCRA wastes, the differing toxicities and the differing
<br /> (Parts 262 through 265.122 through 124 Under these regulations, a solid waste Potentials for migration and tool=ilily of
<br /> of this Chapter and 45 FR 12746).As part becomes subject to the hazardous waste chromium 1111) and chromium(VI).and
<br /> Of this proposal,the Agency is proposing the apparent low likelihood that
<br /> a new analytical method for use in management system in either two trivalent chromium will oxidize to
<br /> y ways:the specific waste is listed in Par!
<br /> analyzing waste extracts for the 261 Subpart D(45 FR 33122-33124),or hexavalent chromium under must
<br /> ,presence of hexavalent chromium. exhibits an of the characteristics of plausibly-occurring types of improper
<br /> DATES.•�A will accept public y waste management. These distinctions
<br /> p p hazardous waste identified in Subpart C are discussed in more detail below.
<br /> comments on the proposed amendment (45 FR 33121-122).The criteria for listing
<br /> until December 30,19ao.Any person hazardous wastes and the characteristic A.Distinctions in the Environmental
<br /> may request a hearing on this proposal of EP toxicity are based upon the total Hazards Posed by Trivalent and
<br /> by riling a request with John P.Lehman, chromium present in the waste and in Hexavalent Chromium
<br /> whose address appears below,by the waste extract respectively.without It is generally agreed among the
<br /> November 20,1980.The request must differentiating the type of chromium scientific community that the available
<br /> contain The information prescribed in present. 'These regulations thus specify data show that trivalent chromium is
<br /> §2.60.20(d)of this chapter. "chromium and compounds, N.O.S."as less toxic than the hexavalent form.The
<br /> { ADDRESSES:Comments should be hazardous constituents for purposes of carcinogenicity of various hexavalent
<br /> addressed to Docket Clerk.Office of listing hazardous wastes(see Appendix chromium compounds in human and
<br /> Solid Waste(W1-1--5621,U.S. VIII to Part 261,45 FR at 33132).and animal models has been well
<br /> Environmental Protection Agency,441 M specify a maximum concentration level documented[NAS,1974;NIOSH,197T,
<br /> Street,SW..Washington,D.C.20460. for"chromium"when identifying wastes U.S.EPA,197131.EPA's Carcinogen
<br /> r� Requests for hearing should be by means of the EP toxicity Assessment Group(CAG) has
<br /> addressed to John P.Lehman, Director, characteristic. (See J 261.24,45 FR at determined that there is substantial
<br /> Hazardous and Industrial Waste 33122.)A number of wastes listed in the evidence that hexavalent chromium
<br /> Division. Office of Solid Waste[WI+- May and July regulations contain cgmpounds are carcinogenic in man.
<br /> 5M].U.S.Environmental Protection chromium as a constituent of concern Data on the carcinogenicity of trivalent
<br /> Agency, Washington,D.C.20460, {specifically EPA Hazardous Waste Nos. chromium are inadequate. There have
<br /> Communications should identify the 1:006,K002--008,K048--051,K053-058, been no epidemiological studies on
<br /> regulatory docket number"Section 3001 K061-063,K069,K074,K07&-082.K086, workers using trivalent chromium
<br /> + uhromium standard." and K090•-092).Additional wastes are compounds;rats showed a weak
<br /> The public docket for this proposed expected to be identified as hazardous carcinogenic response to chromium[111:1
<br /> rulemaking is located in Room 2711.U.S. because they fail the EP toxicity
<br /> Environmental Protection Agency,401 M characteristic for chromium. 'Chromium velemoe states of-2 to+R have
<br /> St.,SW., Washington,D.C. 20450 and is Chromium,however,occurs in a been reported,but innsl of these are Luo unstable to
<br /> available for viewingfrom 9:00 a.m. W number of valence states,of which the be of significance In biohlgleat and environmental
<br /> pmeeRsea.Sew generully.US,FPA.Water•Reloted
<br /> 400 p.m.,Monday through Friday, trivalent(Cr(111))and the hexavalent EavrrnrrtmentolFate of 729/ ionlyPoRatQura,vol.
<br /> yexcluding holidays. (Cr(Vi))are environmentally L EPA-WA-79-=it[sant.
<br />
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