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Federal Register / Vol. 62, No. 116 / Tuesday, June 17, 1997 / Rules and Regulations

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Federal Register / Vol. 62, No. 116 / Tuesday, June 17, 1997 / Rules and Regulations 32974 Federal Register / Vol. 62, No. 116 / Tuesday, June 17, 1997 / Rules and Regulations ENVIRONMENTAL PROTECTION p.m. EST, toll-free, at 800±424±9346; standards for owners and operators of AGENCY 703±412±9810 from Government phones hazardous waste treatment, storage and or if in the Washington, DC local calling disposal facilitiesÐincluding standards 40 CFR Parts 261, 268, 271, and 302 area; or 800±553±7672 for the hearing for obtaining permitsÐare found at 40 impaired. For more detailed information CFR part 264. [EPA530±Z±97±FFF; FRL±5839±7] on specific aspects of the rulemaking, Hazardous wastes are also subject to RIN 2050±AD59 contact Caroline Gerwe by calling 703± land disposal restrictions under 40 CFR 308±3540 or by writing, to U.S. part 268. EPA's authorizations for state Hazardous Waste Management Environmental Protection Agency, hazardous waste programs are found at System; Carbamate Production, Office of Solid Waste, Hazardous Waste 40 CFR part 272. The requirements for Identification and Listing of Hazardous Identification Division, 401 M St., SW., obtaining these authorizations are found Waste; Land Disposal Restrictions; (Mailcode 5304W), Washington, DC at 40 CFR part 271. Authorization of State Hazardous 20460. In addition, hazardous wastes having Waste Programs; and CERCLA SUPPLEMENTARY INFORMATION: This rule the characteristics identified under, or Hazardous Substance Designation and is available on the Internet. Please listed pursuant to, RCRA section 3001 Reportable Quantities follow these instructions to access the (except when suspended by Congress) AGENCY: Environmental Protection rule electronically: From the World become hazardous substances under Agency (EPA). Wide Web (WWW), type http:// section 101(14)(C) of CERCLA, 42 U.S.C. ACTION: Final rule. www.epa.gov/epaoswer, then select 9601(14)(C). A reportable quantity (RQ) option for Rules and Regulations. of one pound for reporting SUMMARY: The Environmental Protection The official record for this action is environmental releases is established for Agency (EPA) is amending its kept in a paper format. Accordingly, each substance, as provided by section regulations to conform with the federal EPA has transferred all comments 102(b) of CERCLA, 42 U.S.C. 9602(b). appeals court ruling in Dithiocarbamate received into paper form and placed The one-pound statutory RQ applies Task Force v. EPA, 98 F.3d 1394 them into the official record, with all until adjusted by regulations. (D.C.Cir. 1996), that invalidated, in part, the comments received in writing. The On February 9, 1995, the EPA Agency regulations listing certain official record is maintained at the published in the Federal Register (60 carbamate wastes as hazardous wastes address in the ADDRESSES section at the FR 7824) a rule listing as hazardous under the Resource Conservation and beginning of this document. wastes under RCRA various wastes from Recovery Act (RCRA). These regulations Outline of Today's Rule four groups of carbamate compoundsÐ pertain to hazardous waste management carbamates, carbamoyl oximes, I. Background of carbamate industry wastes under thiocarbamates and dithiocarbamates. RCRA, related rules affecting the list of II. Amended Regulations III. State Authority These compounds, generally, are used hazardous substances under the IV. Good Cause Exemption From Notice-and- as pesticides, herbicides and fungicides Comprehensive Environmental Comment Rulemaking Procedures and in the rubber, wood and textile Response, Compensation, and Liability V. Analysis Under E.E. 12866, Unfunded industries. This rule became effective on Act (CERCLA), and regulations issued Mandates Reform Act of 1995, August 9, 1995. under state programs approved by the Regulatory Flexibility Act, Small The rule added 58 specific carbamate Administrator. Under the court's Business Regulatory Enforcement compounds to the list of hazardous decision, and amended in today's rule, Fairness Act of 1966 and Paperwork Reduction Act constituents upon which RCRA the vacated federal hazardous waste hazardous waste listing determinations listings and regulatory requirements I. Background are based. This list of constituents based on those listings are to be treated EPA lists wastes as hazardous wastes appears at Appendix VIII of 40 CFR part as though they have never been in under section 3001 of RCRA, 42 U.S.C. 261. effect. State regulations, which may be 6921. Once a waste is listed as These same 58 compounds were more stringent than federal rules, were hazardous it becomes subject to federal added to the list of commercial not necessarily affected by the court's requirements for persons who generate, chemical products that are hazardous ruling. transport, treat, store, or dispose of such wastes only when they are discarded. EFFECTIVE DATE: This final rule takes waste. Facilities that must meet the This list is found at 40 CFR 261.33 and effect on May 29, 1997. hazardous waste management is divided into acutely hazardous wastes ADDRESSES: Supporting materials are requirements, including the need to (``P-wastes'') and other toxic wastes (``U- available for viewing in the RCRA obtain permits to operate, are commonly wastes''). P-wastes are listed in Information Center (RIC), located at referred to as ``Subtitle C'' facilities. subsection 261.33(e) and U-wastes are Crystal Gateway I, First Floor, 1235 Subtitle C is Congress' original statutory listed in subsection 261.33(f). Eighteen Jefferson Davis Highway, Arlington, VA. designation for that part of RCRA that of the carbamates were P-wastes and 40 The Docket Identification Number is F± directs EPA to issue regulations for were U-wastes. 97±2CPF±FFFFF. hazardous wastes. The rule, also, added six hazardous The RIC is open from 9 a.m. to 4 p.m., EPA standards and procedural wastes generated from the industrial Monday through Friday, excluding regulations implementing Subtitle C are production of the carbamate chemicals Federal holidays. To review docket found generally at 40 CFR parts 260 to 40 CFR 261.32. These are hazardous materials, it is recommended that the through 272. Criteria and procedures for wastes from specific sources, or ``K- public make an appointment by calling identifying and listing hazardous wastes wastes.'' The carbamate wastes were (703) 603±9230. The public may copy a are found at 40 CFR part 261. given numbers K156, K157, K158, K159, maximum of 100 pages from the docket General standards for generators of K160, and K161. K159 and K160 at no charge; additional copies are $0.15 hazardous waste are found at 40 CFR applied to certain wastes from per page. part 262. General standards for thiocarbamate production; K161 applied FOR FURTHER INFORMATION CONTACT: The transporters of hazardous waste are to a waste stream from dithiocarbamate RCRA Hotline between 9:00a.m.±6:00 found at 40 CFR part 263. General production; K156, K157 and K158 Federal Register / Vol. 62, No. 116 / Tuesday, June 17, 1997 / Rules and Regulations 32975 applied to various waste streams from carbamate wastes was effective July 8, Accordingly, EPA is removing from the the production of carbamates, proper. 1996 and the prohibition on radioactive Code of Federal Regulations those As part of the listing rule, in waste mixed with newly listed or listings vacated by the court and all accordance with Agency regulations, identified wastes, including soil and references to those listings. EPA notes EPA also listed in Appendix VII of 40 debris, is effective April 8, 1998. In that substantial portions of the decisions CFR Part 261 the hazardous constituents addition, EPA amended its requirements made in the carbamate listing rule upon which the production waste for approval of state hazardous waste remain in effect and are not changed by listings were based. programs by adding the carbamate the court's ruling. The February 1995 rule also listing and LDR regulations to Tables 1 The court vacated 24 U wastes, one K- designated the carbamate wastes as and 2 of 40 CFR part 271.1. (See 61 FR waste (K160), and three of the K-wastes CERCLA hazardous substances and 15659±15660, April 8, 1996.) These (K156, K157 and K158) only to the added them to the hazardous substance tables list the regulations that establish extent they apply to the chemical, 3- list at 40 CFR 302.4 with statutory one- the requirements and prohibitions iodo-2-propynyl n-butylcarbamate pound RQs, as required under CERCLA applicable to state hazardous waste (IPBC). Twenty-three of the vacated U sections 101(14)(C) and 102. programs. wastes consisted of all the Subsequent to the February 1995 On November 1, 1996, the United dithiocarbamates and thiocarbamates. listing rule, EPA issued land disposal States Court of Appeals for the District The other vacated U waste was IPBC, a restriction (LDR) regulations for the of Columbia Circuit, in Dithiocarbamate carbamate. carbamate wastes. These were issued on Task Force v. EPA, ruled that EPA failed II. Amended Regulations April 8, 1996 (61 FR 15663), and to follow proper rulemaking procedures corrected June 28, 1996 (61 FR 33683). in making some of the carbamate listing Table 1 lists the 24 vacated U wastes The prohibition on land disposal of determinations and vacated them. that are removed from 40 CFR 261.33(f). TABLE 1.ÐVACATED U WASTES Chemical Hazardous Common name Chemical abstracts name abstracts waste No. No. U277 ........ Sulfallate ............................................. Carbamodithioic acid, diethyl-, 2-chloro-2-propenyl ester ............................... 95±06±7 U365 .......
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