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Federal.Register / Vol.45, No., 212 Thursday,, October 30;1980 /,Rules'and.,Regulatioris,�. X2035
<br /> ENVIRONMENTAL PROTECTION DATES:Effective Date:This amendment, imposing significant regulatory burden
<br /> AGENCY in the form published today,is interim without achieving any statutory
<br /> 40 CFR Part 26V final Agency.action.It becomes effective purpose.A"temporary exclusion for this
<br /> on November 19,1980. limited class of wastes is needed to
<br /> [SW FRL 1639_lbl- . EPA will accept public comments on prevent this result..
<br /> this interim final regulation until
<br /> Hazardous Waste Management De�cember 30,1980.Any person may We consequently will'exclude
<br /> System:Identification and Listing of temporarily from hazardous waste
<br /> request a hearing gn this interim final .
<br /> Hazardous Wastes - status certain chromium-bearing wastes.
<br /> rule`by filing a request with John P. It must be_emphasized that this
<br /> AGENCY:Environmental Protection Lehman,whose address appears below, exclusion will apply only insofar as the
<br /> Agency. by November 20,1980.The requestmust wastes would be hazardous because
<br /> ACTION:Interim Final Rule and Request contain the information prescribed in -
<br /> q they fail the EP toxicity characteristic
<br /> for Comments. §230.20(d)of this chapter. for chromium or because they are listed
<br /> SUMMARY This rule amends §261.4 of ADDRESSES:C'.omments should be sent solely because of their.chromium
<br /> the Resource Conservation and to Docket Clerk,Office of Solid Waste content.If they are hazardous for any
<br /> Recovery Act(RCRA)hazardous waste . (WH-562),'U,.S.Environmental other reason(i.e.,they fail the EP
<br /> Protection Agency,401 M Street,SW., characteristic for any constituent but
<br /> management regulations by temporarily
<br /> excluding from hazardous waste status Washington,I .C.20460, chromium,fail any other characteristic,
<br /> wastes which presently are deemed Requests for hearing should be or are listed for any other reason)they
<br /> hazardous solely due to the presence.of addressed to.John P.'Lehman,Director, remain in the RCRA control system.The
<br /> chromium,but contain trivalent Hazardous and Industrial Waste factors which must be present for a
<br /> chromium exclusively(or nearly Division,Office of Solid Waste(WH- chromium-bearing waste to qualify for.
<br /> exclusively),are generated from 565),U.S.Environmental Protection this temporary,exclusion are:
<br /> processes which use trivalent chromium Agency,Washington,D.C.20460. —The waste contains trivalent
<br /> exclusively[or nearly exclusively),and Communications should identify the chromium exclusively(or nearly
<br /> are typically and frequently managed in regulatory docket number"Section exclusively);
<br /> non-oxidizing environments.Specific —The waste is generated from an
<br /> wastes excluded under this standard are The public docket for this interim final I' industrial process which uses trivalent
<br /> tannery wastes listed as hazardous in rule is located in Room 2711,U.S. chromium exclusively(or nearly
<br /> §261.32 EPA Hazardous Waste Nos. Environmental Protection Agency,-401 M exclusively),.which process does not
<br /> IC053 to K058;waste leather scrap from St.,SW.,Washington,D.C.20460 and is
<br /> ) p generate hexavalent chromium;and
<br /> the leather tannin industry,the shoe available for viewing from 9 a.m.to 4
<br /> g Y' -The waste is typically and frequently
<br /> . manufacturing industry and other- p.m.,Monday through Friday,excluding " managed in non-oxidizing
<br /> leather product manufacturin holidays:
<br /> P g environments.
<br /> industries;and wastewater treatment FOR FURTHER INFORMATION CONTACT^ If a generator or an industry-wide
<br /> sludges from the production of TiOz . Mat#hew A.Straus,Office.of Solid : group'6f
<br /> generators can demonstrate
<br /> pigment using chromium-bearing ores by Waste(LVH=565),U.S.Environmental that its.(or7their)wastes satisfy these
<br /> the chloride process listed as hazardous Pro-tection:Agency,401 M St.,SW., prerequisites,"•the Agency will grant the
<br /> lin§2 61.32(EPA Hazardous Waste No. Washington,,D.C.,.(202)755-9187..K07waste a temporary'exclusion'and the
<br /> Otheir wastes also may be temporarily SUPPLEMENTARY INFORMATION' waste Will not require subtitle C
<br /> excluded if they meet the standard set management during an interim period.
<br /> out above.To be eligible for a temporary I.Temporary Exclusion From Subtitle C When the amended EP"toxicity
<br /> exclusion,a waste generator or group of Regulation for Certain Chromium-' characteristic becomes final,this
<br /> Bearing Wastes temporary exclusion will no longer be in
<br /> generators must petition the Agency,to P Y g ,
<br /> grant their waste a temporary exclusion The Agency today has proposed to effect, and waste generators will have to
<br /> and show why their waste meets the amend the characteristic of EP toxicity analyze their EP extracts for the
<br /> temporary exclusive standard.Petitions in 40 CFR 261.24 to apply to hexavalent _ presence of hexavalent chromium.
<br /> will be processed under the procedures "rather than to total chromium(published Our basis for selecting these factors
<br /> - set forth in §260.20 of the hazardous elsewhere in Part Xl of this issue of the _--and our views as to how these factors;
<br /> waste regulations.Generators of wastes" Federal Register).-The Agency also has will be applied are as follows.In light of
<br /> already determined to be within the taken final regulatory action today with our decision to distinguish between tri-
<br /> temporary exclusion need not file respect to a number of hazardous waste and hexavalent chromium for purposes
<br /> petitions. listings(published elsewhere in Part XI of subtitle C regulation,wastes,
<br /> This amendment is taken in of this issue),including the delisting of containing exclusively or nearly
<br /> 'conjunction with two other regulatory certain trivalent chromium-bearing, ' exclusively trivalent chromium may well
<br /> actions.The first.is a proposal to amend waste streams.The present action is not be hazardous.There-is,however,`a
<br /> the characteristic of EP toxicity to apply necessary to allow these other actions -problem in demonstrating the absence.of
<br /> only to hexavalent chromium.These to have their intended effect:Thus,until hexavalent chromium,due to the present
<br /> temporary exclusions will remain in the characteristic of EP toxicity is lack of an analytical method which
<br /> effect only until that proposed amended finally,all wastes remain distinguishes between trivalent and
<br /> amendment is acted upon finally.The subject to the existing standard based hexavalent chromium at low ppm
<br /> second regulatory action is a final upon total chromium.We are concerned concentrations in waste extracts.(The .
<br /> delisting of>certain,chromium-bearing that the characteristic as it now stands Agency today-proposed,adoption of
<br /> waste streams.The termporary identifies as hazardous certain trivalent such a method;btie1s`undertaking
<br /> exclusion.provision is necessary.to. chromium-bearing:=wastes which are further study of the method before final
<br /> allow these delistings to have their unlikely to create a substantial present promulgation.)In evaluating requests for
<br /> intended.effect,and therefore is being or potential hazard-to human health or temporary exclusions,we.therefore will
<br /> adopted as an interim final regulation. the environment when mismanaged, regard waste and waste extract
<br />
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