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Federal Register /.Vol: 45, No. 212 /.Thursday, October 30, 1980" / Rules and Regulations. 72037
<br /> wastes naw within the temporary . even if hazardous waste management is hair save/chrome tan/retan/wet finish;
<br /> exclusion are no longer subject to the required for only a short period.(See, retan/wet finish;no beamhouse;
<br /> hazardous waste regulations based on e.g., Comments of A.C.Lawrence through-the-blue;and shearling,
<br /> their chromium content.The provision- : Leather Co.,July 10;1980.)Courts have (C)-Buffing dust generated by the
<br /> also is final for purposes of the 90-day approved immediate promulgation of following subcategories of the leather
<br /> petition deadline under Section 700.6. rules in like circumstances where failure tanning and finishing industry:"hair
<br /> The public will,however,have an to implement regulations:would cause -pate/chrome tan/retan/wet.finishhair
<br /> additional opportunity to comment on severe market:dislocations.See De save/chorine tan/retan/wet finish;
<br /> the provision before it is published as a Rieux v.five Smiths,Inc.,499 F.2d 1321, "retan/wet finish-,no beamhouse; -
<br /> "final final"regulation. 133.2(TSCA),cert.denied 419 U.S.896 through-the-blue. .
<br /> The Agency does not take this- (1974)(promulgationof government (D)Sewer screenings generated by,the
<br /> procedural course lightly,but believes price,controls);Reeves v.Simon,509 following subcategories of the leather
<br /> that.unusual circumstances justify our F.2d 455,45.8-:39(TECH 1974),cert. tanning and finishing industry;hair
<br /> action.First,many affected persons denied,420 U.S.991(197.5)(gasoline pulp/chrome tan/retan/wet finish;hair.,
<br /> effectively have.had the opportun tyto station fuel allocation.regulations).The save chrome, an/ret-- wet finish;
<br /> comment on the substance of the same principle.applies here. retan/wet finish;no beamhouse,; ,
<br /> provision by virtue of their comments on. Dated:October 27,1980. tlirough-the-blue;and shearamg. .
<br /> the interim final portions of the May 19 'Douglas M.Costae; (E)Wastewater',treatment sludges ,
<br /> and July,16 regulations,principally the AdniiWitrator. generated by the following .
<br /> hazardous waste listings in§261:32.; subcategories of.i�e leather tanningand
<br /> Title 40 CFR:Part 261 is revised as
<br /> Thus,much of the data supporting finishing industry:hair pulp/chrome
<br /> follows:
<br /> today's action was supplied in tan/retan/wet finish,hair save/chrome
<br /> comments submitted b the tanning! 1.In§261.4,Exclusions,paragraph• tan retan wet finish;retan wet_finish;
<br /> y g `(b)(i5)is added to read as follows: / / /
<br /> industry and(to.a lesser extent)the no:beamhouse;.through-the-blue;and
<br /> titanium dioxide production industry. ,• §261.4 Exclusions. shearling.
<br /> We therefore believe that the policy « = « « (F)Wastewater treatment sludges
<br /> underlying the prior notice and comment (b) k « generated by the following
<br /> requirement has been substantially" 6 1 Wastes which fail the test for -subcategories of the,leather tanning and
<br /> ( )O
<br /> satisfied here. the characteristic of EP toxicity because finishing industry:hair pulp/chrome
<br /> .Second,as"already noted,immediate chromium is present or are listed in tan/retan/wet finish;hair save/chrome
<br /> action is necessary to give effect to final Subpart D due to the presence of tan/retan/wet finish;and through-the-
<br /> regulatory action taken today delisting chromium,which do not fail the test for blue.
<br /> waste'streams from the tanning and the characteristic of EP toxicity for any (G)Waste scrapleather from the.,
<br /> TiO2 production industries.These: other constituent or are not-listed due to leather tanning industry,the shoe
<br /> delisting actions present no prior notice the presence of any other constituent, manufacturing.industry,and ether
<br /> and comment issues because thelistings and which,do.not fail the test for any leather product manufacturing
<br /> themselves were not yet promulgated in : other characteristic,if it is shown by a industries: .
<br /> 'final form.However,certain of the waste generator or by waste generators (H)Wastewater"treatment sludges
<br /> delisted wastes might still fail the'EP for ; :,that., from the production of Ti02 pigment
<br /> total chromium,and would consequently [A)The chromium in thewaste is using chromium-bearing ores by the
<br /> remain in the system until the EP exclusively(or nearly exclusively) 'chloride process.
<br /> toxicity characteristic is amended trivalent chromium;and. - tFR Doc.86-33868 Filed 10.29-80;8;4s am] - - -
<br /> finally.Immediate promulgation of the (B)The waste is generated from an BILLING CODE 6560-30-M
<br /> temporary exclusion consequently is industrial process which uses trivalent
<br /> necessary to allow the delistings to have chromium exclusively(or nearly 4o CFR Part 269
<br /> their intended consequence. exclusively)and the process does not
<br /> Finally,we believe that use of generate hexavalent chromium;and iSW FRL 1639-1c]
<br /> advance notice and comment (C)The waste is typically and o
<br /> procedures would be impracticable and frequently managed in non-oxidizing Hazardous Waste Management
<br /> contrary to the public interest,and environments. System;Identification and Listing of
<br /> therefore that good cause exists-for_ (ii)Specific wastes which meet the Hazardous Wastes
<br /> adopting these regulations in interim standard in(i)(A),(B)and(C)(so long as AGENCY:Environmental Protection
<br /> final form[see 5 U.S.C,553(b)(B)). they do not fail the test for the Agency.
<br /> Although the"good cause"exception is '. characteristic of EP toxicity,and do•not ACTION:Final`action amending interim
<br /> narrow,courts have emphasized'that fail the test for any other characteristic) final regulation.
<br /> "(i)t is an important safety value to be are
<br /> used where delay would do real harm." (A)Chrome(blue)trimmings SUMMARY:This regulation removes from
<br /> U.S.Steel Corp,v.EPA,595 F.2d 207,214 generated by the following the list of regulated hazardous wastes
<br /> -(5th Cir.,1979).We believe delay in subcategories of the leather tanning and the wastes from the leather tanning
<br /> promulgating the temporary exclusion finishing industry;hair pulp/chrome industry and the titanium dioxide
<br /> could cause significant harm to the tan/retan/wet finish;hair save/chrome production industry which were listed
<br /> regulated community,particularly to the . tan/retan/wet Finish;retan/wet finish; as hazardous in interim final form in the
<br /> tanning industry.The tanners have no beamhouse;through-the-blue; and Federal Register on May 19,1980(45 FR,
<br /> indicated that there is a severe shortage shearling. 33124)and July 16,1980(45 FR 47834). ;
<br /> of hazardous waste landfill capacity, (B)Chrome(blue)shavings generated . "The preamble also discusses why other "
<br /> especially in New England where many by the following subcategories of the listed waste streams containing
<br /> tanneries are located,so that disposal leather tanning and finishing industry: chromium will still be listed due to the
<br /> costs will increase,very substantially hair pulp/chrome tan/retan/wet finish; presence of chromium.This action is
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