Federal Register / Vol. 61, No. 166 / Monday, August 26, 1996 / Rules and Regulations

43924 Federal Register / Vol. 61, No. 166 / Monday, August 26, 1996 / Rules and Regulations

ENVIRONMENTAL PROTECTION wastes will revert to those originally Background Document for Carbamates AGENCY promulgated in the Phase III rule. at 4–4 through 4–9.) EFFECTIVE DATE: August 26, 1996. During the comment period for the 40 CFR Parts 268 and 271 Phase III proposed rule, EPA became ADDRESSES: Supporting materials are aware that commenters thought a [EPA # 530±Z±96±002; FRL±5560±1] available for viewing in the RCRA number of the 42 constituents with RIN 2050±AD38 Information Center (RIC), located at newly-established UTS levels did not Crystal Gateway One, 1235 Jefferson have EPA-recommended analytical Emergency Revision of the Land Davis Highway, First Floor, Arlington, methods for measuring compliance. Disposal Restrictions (LDR) Phase III VA. The Docket Identification Number Furthermore, some commenters noted Treatment Standards for Listed is F–96–P32F–FFFFF. The RIC is open that laboratory standards were not Hazardous Wastes From Carbamate from 9 a.m. to 4 p.m., Monday through available for some of the constituents. Production Friday, except for Federal holidays. The Thus, laboratories would not be able to public must make an appointment to calibrate their instruments to measure AGENCY: Environmental Protection review docket materials by calling (703) compliance with treatment standards for Agency (EPA, the Agency). 603–9230. The public may copy a those constituents. EPA responded that ACTION: Immediate final rule. maximum of 100 pages from any analytical methods had been regulatory document at no cost. recommended for all carbamate waste SUMMARY: On April 8, 1996, EPA Additional copies cost $0.15 per page. constituents, and that analytical published treatment standards (the FOR FURTHER INFORMATION CONTACT: standards were expected to become ‘‘Phase III’’ final rule) for a number of For available prior to the Phase III effective hazardous wastes associated with the general information contact the RCRA date, as laboratories geared up for the production of carbamate pesticides Hotline at 800–424–9346 (toll-free) or 703–412–9810 locally. For technical new regulation. (‘‘carbamate wastes’’) (61 FR 15566, After EPA published the Phase III rule April 8, 1996). The treatment standards information on the carbamate treatment standards, contact Shaun McGarvey in on April 8, 1996, but shortly before the were expressed as levels of chemical treatment standards took effect on July constituents that had to be measured in the Office of Solid Waste, phone 703– 308–8603. For specific information 8, several companies in the waste treatment residues before land disposal. management industry again contacted They became effective July 8, 1996. about this rule, contact Rhonda Craig, phone 703–308–8771. EPA reporting that analytic laboratory The Agency recently has become standards were in fact not available for aware, however, of a serious analytic SUPPLEMENTARY INFORMATION: some of the carbamate waste monitoring problem associated with the I. Background constituents. The Agency contacted carbamate constituent treatment several laboratories (see Memorandum standards. Laboratory standards The Phase III final rule established to the Docket from Shaun McGarvey, (chemicals used to calibrate laboratory treatment standards for 64 listed EPA, August 1, 1996). EPA now agrees instruments) do not exist for every hazardous wastes associated with that the waste management industry carbamate constituent. Since carbamate pesticide production (61 FR was unintentionally left in a quandary: commercial laboratories currently are 15583; see also the attached appendix they were required to certify compliance unable to analyze all of the carbamate for the list of carbamate wastes). The with the carbamate waste treatment waste constituents, treatment facilities treatment standards were at Universal standards but commercial laboratories cannot certify that the LDR treatment Treatment Standard (UTS) levels for 21 indicated that they were only able to standards have been achieved. Today’s of the constituents of concern (16 perform the necessary analyses for some final rule revises the carbamate waste organic constituents and 5 metals), and of the newly regulated constituents. treatment standards for one year from at newly-established levels for 42 other Thus, it would be impossible to the date of publication by allowing constituents that were added to the UTS document that the treatment standards carbamate wastes to be treated either by list. were or were not achieved for those any technology which achieves the The wastewater standards for the 42 constituents which cannot be analyzed. constituent concentration levels new constituents were based on data The problem was complicated by the promulgated in the Phase III rule, or by developed by the Office of Water for the LDR rules that pertain to regulation of treatment technologies specified in this development of effluent guideline underlying hazardous constituents final rule as alternative treatment limitations, or on data transferred from (UHCs) in characteristic (or formerly standards. This rule also suspends the other UTS constituents. These data characteristic) hazardous wastes. requirement to treat carbamate waste reflected performance of biodegradation, Because 42 new carbamate constituents constituents when they are expected to combustion, carbon adsorption, or have been added to the UTS list (61 FR be present in ignitable, corrosive, chemical oxidation. 15584), they thus become UHCs. Under reactive or toxic hazardous wastes as There were no sampling data from the regulations published on May 24, ‘‘underlying hazardous constituents.’’ treatment of carbamate nonwastewaters 1993 (the ‘‘Emergency Rule,’’ 58 FR The Agency believes that these at the time treatment standards were 29860; codified at 40 CFR 268.2(i), temporary alternative treatment being developed; thus, the 268.7(a) and 268.9), and on September standards will assure that carbamate nonwastewater treatment standard 19, 1994 (Phase II Rule, 59 FR 47982; wastes are adequately treated prior to levels were calculated using analytical same citations as above), whenever a land disposal, while providing time for detection limits, based on EPA’s generator sends a characteristic (or analytic chemical standards to be experience that combustion formerly-characteristic) waste to a developed. At the end of the year EPA technologies destroy organic treatment facility, they must identify for expects that laboratories will be able to constituents to nondetectable levels. To treatment not only the hazardous perform the analyses necessary to account for variability, the treatment characteristic, but also all UHCs measure compliance with treatment standards were based on the detection reasonably expected to be present in the levels. At that time, therefore, the LDR limit for the waste constituent times a waste at the point of generation. treatment standards for carbamate variability factor. (See BDAT Because of the lack of laboratory

VerDate 23-AUG-96 20:13 Aug 23, 1996 Jkt 010199 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\P26AU0.PT3 26aur3 Federal Register / Vol. 61, No. 166 / Monday, August 26, 1996 / Rules and Regulations 43925 standards for all carbamate constituents, compliance with the treatment levels for regulated community cannot fully generators could not in all cases identify such a waste could easily be measured. document compliance with the the UHCs reasonably expected to be The Agency’s preference, ultimately, requirements of the treatment standard present in their wastes, and treatment is to establish only constituent through no fault of their own. For the facilities and EPA could not monitor treatment standard levels for these same reason, EPA cannot ascertain compliance with the standards for the wastes. The Agency believes that compliance for these constituents. carbamate UHCs. compliance with treatment levels In addition, this unavailability of provides maximum flexibility in analytic standards is likely to create a II. The Revised Carbamate Treatment selecting treatment technologies, while serious disruption in the production of Standards ensuring that the technologies are at least some carbamate pesticides. This final rule establishes temporary optimally operated to achieve full waste Although the treatment of the restricted treatment standards for carbamate treatment. Therefore, the alternative carbamate wastes through wastes for a one-year period. EPA specified treatment technologies only biodegradation, carbon adsorption, believes that one year is sufficient time temporarily satisfy the LDR treatment chemical oxidation (for wastewaters), for laboratory standards to be developed standards. The treatment standards will and combustion is both possible and and for laboratories to take appropriate revert exclusively to treatment levels at highly effective, certification that the steps to do the necessary analyses for the end of one year. treatment actually meets the treatment these wastes. The temporary alternative The Agency is also temporarily standard levels may not be possible in treatment standards will be in effect for suspending inclusion of carbamate many instances. Without the one year from the date of publication of waste constituents on the UTS list at 40 certification, disposal of the residuals this final rule. CFR 268.48. Not including these left after treatment cannot legally occur. The Phase III rule required treatment constituents on the UTS list elimiantes The Agency believes this situation will of carbamate wastes to UTS levels. The the need to identify and treat them, and quickly impede production of certain temporary alternative standards being monitor compliance with their UTS pesticides, since legal disposal of some promulgated today provide waste levels, when they are present as UHCs carbamate wastes will no longer be handlers with a choice of meeting the in characteristic hazardous wastes. available. See Steel Manufacturers Ass’n Phase III treatment levels, or of using a The Agency believes that suspending v. EPA, 27 F.3d 642, 646–47 (D.C. Cir. specified treatment technology. the carbamate constituents from the 1994) (absence of a treatment standard Combustion is the specified technology UTS list will not have adverse providing a legal means of disposing of for nonwastewaters; combustion, environmental consequences because it wastes from a process is equivalent to biodegradation, chemical oxidation, and will be in effect for only one year. shutting down that process). With carbon adsorption are the specified Furthermore, EPA found in the Phase III regard to the suspension of certain technologies for wastewaters. These rulemaking that these constituents are carbamates as underlying hazardous technologies are defined at 40 CFR unlikely to occur in wastes generated constituents in characteristic (and 268.42, Table 1 (see technology codes: outside the carbamate production formerly-characteristic) prohibited BIODG, CARBN, CHOXD, and CMBST). industry (61 FR 15584, April 8, 1996), wastes, the Agency believes that the If the wastes are treated by a specified so today’s rule may not cause an adverse same practical difficulties described for technology, there is no requirement to environmental impact because listed carbamate wastes would be measure compliance with treatment carbamate constituents simply are not created. levels (thus the analytical problems are present in most characteristic hazardous Finally, today’s rule merely removes, avoided). Because the performance of wastes. on a temporary basis, an administrative these Best Demonstrated Available hurdle that would impede sound III. Good Cause for Foregoing Notice Technologies (BDATs) was the basis of management of certain hazardous and Comment Requirements the originally promulgated treatment wastes. By altering the treatment levels, EPA believes that temporarily This final rule is being issued without standard to allow certification of allowing the use of these BDATs— notice and opportunity for public compliance, the Agency can ensure that without a requirement to monitor the comment. Under the Administrative treatment through use of the BDAT basis treatment residues—fully satisfies the Procedure Act (APA), 5 U.S.C. of the treatment standard levels actually core requirement of the LDR program: 553(b)(B), an agency may forgo notice occurs without delay. hazardous wastes must be effectively and comment in promulgating a rule Consequently, EPA today is treated before they are land disposed. when, according to the APA, the agency preserving the core of the promulgated EPA considered completely replacing for good cause finds (and incorporates Phase III rule by ensuring that the the carbamate treatment standard levels the finding and a brief statement of the restricted carbamate wastes are treated with specified treatment methods, reasons for that finding into the rules by a BDAT before they are land rather than providing the alternative issues) that notice and public comments disposed. At the same time, EPA is approach being promulgated in this procedures are impracticable, eliminating the situation which could rule. EPA decided it was better to retain unnecessary, or contrary to the public halt production of carbamate pesticides. the treatment levels (along with the interest. For the reasons set forth below, For these reasons, EPA believes there is alternative treatment methods) and let EPA believes it has good cause to find good cause to issue the rule the regulated community decide which that notice and comment would be immediately without prior notice and treatment standards to meet. EPA unnecessary and contrary to the public opportunity for comment. believes that it is important to retain the interest, and therefore is not required by treatment levels because laboratories the APA. IV. Rationale for Immediate Effective may be ready to analyze all carbamate First, the Agency has discovered an Date waste constituents before the end of the unanticipated unavailability of analytic The Agency believes that the year. Furthermore, it is possible that a laboratory standards for a number of the regulated community is in the untenable carbamate waste would not contain any carbamate waste constituents covered position of having to comply with of the problem constituents that cannot by the Phase III rule. As a practical treatment standards for which there is be analyzed at this time. Thus matter, therefore, members of the not an analytical way to measure

VerDate 23-AUG-96 20:13 Aug 23, 1996 Jkt 010199 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\P26AU0.PT3 26aur3 43926 Federal Register / Vol. 61, No. 166 / Monday, August 26, 1996 / Rules and Regulations compliance. Therefore, it is imperative affected small governments, enabling under the Paperwork Reduction Act of that relief be immediately provided officials of affected small governments 1980, 44 U.S.C. 3501 et seq. Because from those treatment standards. In to have meaningful and timely input in there are no new information collection addition, today’s rule does not create the development of EPA regulatory requirements in today’s rule, an additional regulatory requirements; proposals with significant Federal Information Collection Request has not rather, it provides greater flexibility for intergovernmental mandates, and been prepared. compliance with treatment standards. informing, educating, and advising For these reasons, EPA finds that good small governments on compliance with VI. Submission to Congress and the cause exists under section 3010(b)(3) of the regulatory requirements. General Accounting Office RCRA, 42 U.S.C. 6903(b)(3), to provide Today’s rule contains no Federal Under 5 U.S.C. 801(a)(1)(A) as added for an immediate effective date. See mandates (under the regulatory by the Small Business Regulatory generally 61 FR at 15662. For the same provisions of Title II of the UMRA) for Enforcement Fairness Act of 1996, EPA reasons, EPA finds that there is good State, local, or tribal governments or the submitted a report containing this rule cause under 5 U.S.C. 553(b)(3) to waive private sector, and does not impose any and other required information to the the requirement that regulations be Federal mandate on State, local, or tribal U.S. Senate, the U.S. House of published at least 30 days before they governments or the private sector within Representatives and the Comptroller become effective. the meaning of the Unfunded Mandates General of the General Accounting Reform Act of 1995. This final rule does V. Analysis Under Executive Order Office prior to publication of the rule in not create new regulatory requirements; today’s Federal Register. This rule is 12866, the Unfunded Mandates Reform rather, it provides a temporary Act of 1995, the Regulatory Flexibility not a ‘‘major rule’’ as defined by 5 alternative means to comply with the U.S.C. 804(2). Act, and the Paperwork Reduction Act treatment standards already This final rule does not create new promulgated. EPA has determined that VII. State Authority regulatory requirements; rather, it this rule does not contain a Federal A. Applicability of Rule in Authorized provides a temporary alternative means mandate that may result in expenditures States to comply with the treatment standards of $100 million or more for State, local, already promulgated. Therefore, this and tribal governments, in the aggregate, Under section 3006 of RCRA, EPA final rule is not a ‘‘significant’’ or the private sector in any one year. may authorize qualified States to regulatory action within the meaning of Thus, today’s rule is not subject to the administer and enforce the RCRA Executive Order 12866. requirements of sections 202 and 205 of program within the State. Following Title II of the Unfunded Mandates the UMRA. For the same reasons, EPA authorization, EPA retains enforcement Reform Act of 1995 (UMRA), Public has determined that this rule contains authority under sections 3008, 3013, Law 104–4, establishes requirements for no regulatory requirements that might and 7003 of RCRA, although authorized Federal agencies to assess the effects of significantly or uniquely affect small States have primary enforcement their regulatory actions on State, local, governments. responsibility. The standards and and tribal governments and the private EPA has determined that this rule will requirements for authorization are sector. Under section 202 of the UMRA, not have a significant economic impact found in 40 CFR Part 271. EPA generally must prepare a written on a substantial number of small Prior to HSWA, a State with final statement, including a cost-benefit entities. EPA recognizes that small authorization administered its analysis, for proposed and final rules entities may own and/or operate hazardous waste program in lieu of EPA with ‘‘Federal mandates’’ that may carbamate pesticide manufacturing administering the Federal program in result in expenditures to State, local, operations or TSDFs that will become that State. The Federal requirements no and tribal governments, in the aggregate, subject to the requirements of the land longer applied in the authorized State, or to the private sector, of $100 million disposal restrictions program. However, and EPA could not issue permits for any or more in any one year. Before since such small entities are already facilities that the State was authorized promulgating an EPA rule for which a subject to the requirements in 40 CFR to permit. When new, more stringent written statement is needed, section 205 part 268, this rule does not impose any Federal requirements were promulgated of the UMRA generally requires EPA to additional burdens on these small or enacted, the State was obliged to identify and consider a reasonable entities, because this rule does not enact equivalent authority within number of regulatory alternatives and create new regulatory requirements. specified time frames. New Federal adopt the least costly, most cost- Rather, it provides a temporary requirements did not take effect in an effective or least burdensome alternative alternative means to comply with the authorized State until the State adopted that achieves the objectives of the rule. treatment standards already the requirements as State law. The provisions of section 205 do not promulgated. In contrast, under RCRA section apply when they are inconsistent with Therefore, EPA provides the following 3006(g) (42 U.S.C. 6926(g)), new applicable law. Moreover, section 205 certification under the Regulatory requirements and prohibitions imposed allows EPA to adopt an alternative other Flexibility Act, as amended by the by HSWA take effect in authorized than the least costly, most cost-effective Small Business Regulatory Enforcement States at the same time that they take or least burdensome alternative if the Fairness Act. Pursuant to the provision effect in unauthorized States. EPA is Administrator publishes with the final at 5 U.S.C. 605(b), I hereby certify that directed to carry out these requirements rule an explanation why that alternative this final rule will not have a significant and prohibitions in authorized States, was not adopted. Before EPA establishes economic impact on a substantial including the issuance of permits, until any regulatory requirements that may number of small entities. It does not the State is granted authorization to do significantly or uniquely affect small impose any new burdens on small so. governments, including tribal entities. This rule, therefore, does not Today’s rule is being promulgated governments, it must have developed require a regulatory flexibility analysis. pursuant to section 3004(m), of RCRA under section 203 of the UMRA a small Today’s rule does not contain any (42 U.S.C. 6924(m)). Therefore, the government agency plan. The plan must new information collection Agency is adding today’s rule to Table provide for notifying potentially requirements subject to OMB review 1 in 40 CFR 271.1(j), which identifies

VerDate 23-AUG-96 20:13 Aug 23, 1996 Jkt 010199 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\P26AU0.PT3 26aur3 Federal Register / Vol. 61, No. 166 / Monday, August 26, 1996 / Rules and Regulations 43927 the Federal program requirements that K161—Purification solids (including 40 CFR Part 271 are promulgated pursuant to HSWA. filtration, evaporation, and States may apply for final authorization centrifugation solids), baghouse dust, Administrative practice and for the HSWA provisions in Table 1, as and floor sweepings from the production procedure, Hazardous materials of dithiocarbamate acids and their salts. transportation, Hazardous waste, discussed in the following section of (This listing does not include K125 or this preamble. Penalties, Reporting and recordkeeping K126.) requirements. B. Effect on State Authorization P203 Aldicarb sulfone P127 Carbofuran Dated: August 20, 1996. As noted above, EPA will implement P189 Carbosulfan Carol M. Browner, today’s rule in authorized States until P202 m-Cumenyl methylcarbamate Administrator. they modify their programs to adopt P191 Dimetilan these rules and the modification is P198 Formetanate hydrochloride For the reasons set forth in the approved by EPA. Because today’s rule P197 Formparanate preamble, title 40, chapter I of the Code is promulgated pursuant to HSWA, a P192 Isolan of Federal Regulations is amended as P196 Manganese dimethyldithiocarbamate State submitting a program modification follows: may apply to receive interim or final P199 Methiocarb P190 Metolcarb authorization under RCRA section PART 268ÐLAND DISPOSAL P128 Mexacarbate 3006(g)(2) or 3006(b), respectively, on RESTRICTIONS the basis of requirements that are P194 Oxamyl P204 Physostigmine substantially equivalent or equivalent to P188 Physostigmine salicylate 1. The authority citation for part 268 EPA’s. The procedures and schedule for P201 Promecarb continues to read as follows: State program modifications for final P185 Tirpate Authority: 42 U.S.C. 6905, 6912(a), 6921, authorization are described in 40 CFR P205 Ziram and 6924. 271.21. All HSWA interim U394 A2213 authorizations will expire January 1, U280 Barban Subpart DÐTreatment Standards 2003. (See § 271.24 and 57 FR 60132, U278 Bendiocarb December 18, 1992.) U364 Bendiocarb phenol 2. Section 268.40 is amended by U271 Benomyl In general, EPA recommends that adding paragraph (g) and by revising in States pay close attention to the sunset U400 Bis(pentamethylene)thiuram tetrasulfide the table ‘‘Treatment Standards for date for today’s rule. If States are Hazardous Wastes’’ the entries for adopting the Phase III rule before the U392 Butylate U279 Carbaryl K156–K161, P127, P128, P185, P188– sunset date of today’s rule, and applying U372 Carbendazim P192, P194, P196–P199, P201–P205, for authorization, EPA strongly U367 Carbofuran phenol U271, U277–U280, U364–U367, U372, encourages these States to adopt today’s U393 Copper dimethyldithiocarbamate U373, U375–U379, U381–U387, U389– rule when they adopt the April 8, 1996, U386 Cycloate U396, U400–U404, U407, and U409– Phase III rule. States should note that U366 Dazomet U411; to read as follows: after the sunset date, the provisions of U395 Diethylene glycol, dicarbamate this rule will be considered less U403 Disulfiram § 268.40 Applicability of treatment stringent. Thus, States would be barred U390 EPTC standards. under section 3009 of RCRA, from U407 Ethyl Ziram * * * * * adopting this rule after the date one year U396 Ferbam (g) Between August 26, 1996 and from the date of publication of today’s U375 3–Iodo-2-propynyl n-butylcarbamate U384 Metam Sodium August 26, 1997 the treatment standards rule, and would not be able to receive U365 Molinate for the wastes specified in 40 CFR authorization for it. States that are U391 Pebulate 261.32 as EPA Hazardous Waste planning to adopt and become U383 Potassium dimethyl dithiocarbamate numbers K156–K161; and in 40 CFR authorized for today’s rule and the U378 Potassium n-hydroxymethyl-n- 261.33 as EPA Hazardous Waste Phase III rule should factor the sunset methyldithiocarbamate numbers P127, P128, P185, P188–P192, date into their rulemaking activities. U377 Potassium n-methyldithiocarbamate P194, P196–P199, P201–P205, U271, U373 Propham Appendix to Preamble —List of Regulated U411 Propoxur U277–U280, U364–U367, U372, U373, Carbamate Wastes U387 Prosulfocarb U375–U379, U381–U387, U389–U396, K156—Organic waste (including heavy ends, U376 Selenium, tetrakis U400–U404, U407, and U409–U411; still bottoms, light ends, spent solvents, (dimethyldithiocarbamate) and soil contaminated with these filtrates, and decantates) from the U379 Sodium dibutyldithiocarbamate wastes; may be satisfied by either production of carbamates and carbamoyl U381 Sodium diethyldithiocarbamate meeting the constituent concentrations oximes. U382 Sodium dimethyldithiocarbamate presented in the table ‘‘Treatment K157—Wastewaters (including scrubber U277 Sulfallate waters, condenser waters, washwaters, Standards for Hazardous Wastes’’ in this U402 Tetrabutylthiuram disulfide section, or by treating the waste by the and separation waters) from the U401 Tetramethylthiuram monosulfide production of carbamates and carbamoyl following technologies: combustion, as U410 Thiodicarb oximes. defined by the technolgy code CMBST U409 Thiophanate-methyl K158—Bag house dust, and filter/separation U389 Triallate at § 268.42 Table 1, for nonwastewaters; solids from the production of carbamates U404 Triethylamine and, biodegradation as definded by the and carbamoyl oximes. U385 Vernolate technolgy code BIODG, carbon K159—Organics from the treatment of adsorption as defined by the technology thiocarbamate wastes. List of Subjects K160—Solids (including filter wastes, code CARBN, chemical oxidation as separation solids, and spent catalysts) 40 CFR Part 268 defined by the technology code CHOXD, from the production of thiocarbamates or combustion as defined as technolgy and solids from the treatment of Hazardous waste, Reporting and code CMBST at § 268.42 Table 1, for thiocarbamate wastes. recordkeeping requirements. wastewaters.

VerDate 23-AUG-96 20:13 Aug 23, 1996 Jkt 010199 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\P26AU0.PT3 26aur3 43928 Federal Register / Vol. 61, No. 166 / Monday, August 26, 1996 / Rules and Regulations unless 5 nology code mg/kg noted as ``mg/l TCLP'' or tech- Concentration in Nonwastewaters 1.5 10 16 6.2 5.6 36 30 0.14 6.0 6.0 1.5 6.0 16 1.4 5.6 6.2 1.4 0.14 36 30 0.14 30 1.4 6.0 10 0.14 1.4 0.14 1.4 6.0 30 10 14 6.0 1.4 1.8 9.7 1.4 1.4 1.5 10 ; 3 .081 .080 .014 .039 .059 .28 .089 .028 .046 .088 .081 .057 .014 .028 .056 .039 .056 .006 .28 .089 .006 .089 .028 .046 .14 .028 .056 .006 .056 .046 .19 .14 .81 .057 .056 .6 .010 .003 .003 .003 .14 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 code Concentra- Wastewaters tion in mg/l or technology No. 2 91±20±3 78±93±3 67±66±3 95±54±5 78±93±3 67±66±3 67±66±3 56±23±5 75±09±2 95±50±1 75±09±2 63±25±2 75±09±2 71±43±2 74±87±3 71±43±2 62±53±3 75±05±8 96±86±2 71±43±2 121±44±8 108±88±3 108±95±2 121±44±8 108±90±7 108±95±2 759±94±4 110±86±1 110±86±1 2008±41±5 1563±66±2 1563±66±2 2212±67±1 16752±77±5 55285±14±8 10605±21±7 55285±14±8 16752±77±5 10605±21±7 17804±35±2 17804±35±2 CAS ASTES W ...... Common name Regulated hazardous constituent ...... AZARDOUS ...... H Triethylamine Toluene Pyridine Phenol Naphthalene Methyl ethyl ketone Methylene chloride o-Dichlorobenzene Methomyl Chloroform Triethylamine Chlorobenzene Pyridine Carbofuran Carbosulfan o-Phenylenediamine Phenol Carbenzadim Methyl ethyl ketone Chloroform Methylene chloride Carbaryl Methylene chloride Carbofuran Carbosulfan Benzene Chloromethane Methomyl Carbenzadim Benomyl Chloroform Benzene Carbon tetrachloride Benomyl Acetonitrile Acetophenone Aniline Molinate EPTC (Eptam) Benzene Butylate 1 TANDARDS FOR S [Note: NA means not applicable] ...... 10 REATMENT T . . 10 10 . 10 ******* Waste description and treatment/regulatory subcategory washwaters, and separation waters) from the production of carbamates and carbamoyl oximes carbamates and carbamoyl oximes solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes Wastewaters (including scrubber waters, condenser Bag house dusts and filter/separation solids from the production of Organics from the treatment of thiocarbamate wastes Organic waste (including heavy ends, still bottoms, light spent Waste code K157 K158 K159 K156

VerDate 23-AUG-96 20:13 Aug 23, 1996 Jkt 010199 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\P26AU0.PT3 26aur3 Federal Register / Vol. 61, No. 166 / Monday, August 26, 1996 / Rules and Regulations 43929 10 1.4 1.4 1.4 28 0.37 mg/l TCLP 5.0 mg/l TCLP 0.16 mg/l TCLP 1.4 4.8 mg/l TCLP 1.4 1.4 1.5 2.1 mg/l TCLP 5.0 mg/l TCLP 0.14 1.4 0.28 1.4 1.4 1.4 1.4 0.28 28 1.4 1.4 1.4 1.4 1.4 0.28 1.4 28 1.4 28 1.4 0.14 1.4 1.4 28 1.4 1.4 1.4 28 0.16 mg/l TCLP 28 1.4 28 1.4 1.4 .080 .003 .003 .003 .028 .69 .98 .82 .003 .8 .056 .056 .003 .9 .4 .006 .056 .056 .056 .028 .056 .056 .056 .028 .056 .056 .056 .056 .056 .056 .056 .028 .056 .028 .056 .006 .056 .042 .028 .056 .056 .056 .028 .82 .028 .056 .028 .003 .003 0 0 0 0 3 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 1 0 0 0 0 0 0 0 0 0 0 0 NA NA NA NA NA NA NA 75±15±0 57±64±7 64±00±6 57±47±6 63±25±2 108±88±3 137±30±4 759±94±4 644±64±4 101±27±9 119±38±0 122±42±9 315±18±4 1929±77±7 7782±49±2 2008±41±5 7440±36±0 1646±88±4 2212±67±1 1929±77±7 1114±71±2 7439±92±1 7440±02±0 2212±67±1 7440±38±2 1563±66±2 2032±65±7 1563±38±8 1129±41±5 2631±37±0 7782±49±2 1114±71±2 26419±73±8 55285±14±8 23135±22±0 17702±57±7 23422±53±9 17804±35±2 22781±23±3 22961±82±6 10605±21±7 55406±53±6 ...... Vernolate Pebulate Toluene Lead Nickel Selenium Molinate Dithiocarbamates (total) EPTC (Eptam) Arsenic Carbon disulfide Butylate Tirpate Dimetilan Oxamyl Formetanate hydrochloride m-Cumenyl methylcarbamate Physostigmine Benomyl Bendiocarb Barban Molinate Carbofuran phenol Propham Antimony Carbofuran Mexacarbate Physostigmine salicylate Carbosulfan Metolcarb Isolan Dithiocarbamates (total) Formparanate Methiocarb Promecarb Aldicarb sulfone Dithiocarbamates (total) Dithiocarbamates (total) Carbaryl Bendiocarb phenol Dithiocarbamates (total) Carbendazim 3-lodo-2-propynyl n-butylcarbamate Dithiocarbamates (total) Selenium Dithiocarbamates (total) Dithiocarbamates (total) Pebulate Vernolate ...... 10 ...... 10 ...... 10 ...... 10 10 10 ...... 10 ...... 10 10 10 ...... 10 10 ...... 10 ...... 10 ...... 10 ...... 10 10 ...... ******* ******* ******* 10 ...... 10 10 10 10 ...... 10 10 10 10 10 ...... 10 10 10 10 10 10 10 10 solids), baghouse dust and floor sweepings from the production of dithiocarbamate acids and their salts from the production of thiocarabamates and solids treatment of thiocarbamate wastes Purification solids (including filtration, evaporation, and centrifugation Carbofuran Isolan Bendiocarb phenol Mexacarbate Tirpate Physostigmine salicylate Carbosulfan Metolcarb Dimetilan Oxamyl Manganese dimethyldithiocarbamate Formparanate Formetanate hydrochloride Methiocarb Promecarb m-Cumenyl methylcarbamate Aldicarb sulfone Physostigmine Ziram Sulfallate Bendiocarb Carbaryl Barban Molinate Dazomet Carbofuran phenol Carbendazim Propham 3-lodo-2-propynyl n-butylcarbamate Potassium n-methyldithiocarbamate Benomyl Selenium, tetrakis (dimethyldithiocarbamate) Potassium n-hydroxymethyl-n-methyldithiocarbamate Solids (including filter wastes, separation solids, and spent catalysts) K161 P127 P192 U364 P128 P185 P188 P189 P190 P191 P194 P196 P197 P198 P199 P201 P202 P203 P204 P205 U277 U278 U279 U280 U365 U366 U367 U372 U373 U375 U377 U271 U376 U378 K160

VerDate 23-AUG-96 20:13 Aug 23, 1996 Jkt 010199 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\P26AU0.PT3 26aur3 43930 Federal Register / Vol. 61, No. 166 / Monday, August 26, 1996 / Rules and Regulations unless 5 nology code mg/kg noted as ``mg/l TCLP'' or tech- Concentration in Nonwastewaters 28 28 28 28 1.4 1.4 1.4 1.4 1.4 1.4 1.4 28 1.4 1.4 28 28 28 28 28 1.5 28 1.4 1.4 1.4 28 ; 3 .028 .028 .028 .028 .042 .042 .042 .042 .042 .042 .042 .028 .042 .056 .028 .028 .028 .028 .028 .081 .028 .056 .019 .056 .028 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 code Concentra- Wastewaters tion in mg/l or technology NA NA NA NA NA NA NA NA NA NA NA NA No. 2 759±94±4 101±44±8 114±26±1 2008±41±5 1134±23±2 2303±17±5 1114±71±2 5952±26±1 1929±77±7 52888±80±9 30558±43±1 23564±05±8 59669±26±0 CAS ...... ÐContinued ...... ASTES Common name Regulated hazardous constituent W ...... 268.42 Table 1, for nonwastewaters; and, biodegradation as defined by the technology ...... AZARDOUS Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Cycloate Prosulfocarb Triallate Pebulate Butylate Dithiocarbamates (total) A2213 Dithiocarbamates (total) Dithiocarbamates (total) Thiophanate-methyl Propoxur Dithiocarbamates (total) Vernolate EPTC Diethylene glycol, dicarbamate Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Triethylamine Dithiocarbamates (total) Thiodicarb Dithiocarbamates (total) H 1 [Note: NA means not applicable] TANDARDS FOR S ...... 10 ...... REATMENT T 10 ...... 10 10 10 10 10 10 ...... 10 ...... 10 ******* ...... 10 ...... 10 ...... 10 ...... 10 ...... 10 10 10 ...... 10 ...... 10 10 10 10 10 Waste description and treatment/regulatory subcategory 10 10 Sodium diethyldithiocarbamate Sodium dimethyldithiocarbamate Potassium dimethyl dithiocarbamate Vernolate Cycloate Prosulfocarb Triallate EPTC Pebulate Butylate Copper dimethyldithiocarbamate A2213 Diethylene glycol, dicarbamate Ferbam Bis(pentamethylene)thiuram tetrasulfide Tetramethyl thiuram monosulfide Tetrabutylthiuram disulfide Disulfiram Triethylamine Ethyl Ziram Thiophanate-methyl Thiodicarb Propoxur Metam Sodium Sodium dibutyldithiocarbamate 268.42 Table 1, for wastewaters. Between August 26, 1996 and 27, 1997, the treatment standard for this waste may be satisfied by either meeting constituent concentrations if table or treating The waste descriptions provided in this table do not replace 40 CFR part 261. Descriptions of Treatment/Regulatory Subcategories are provided, as needed, to dis- CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a combination of chemical with its salts esters, number Concentration standards for wastewaters are expressed in mg/l and based on analysis of composite samples. All treatment standards expressed as a Technology Code or combination of Codes are explained in detail 40 CFR 268.42 Table 1ÐTechnology and Descriptions Except for Metals (EP or TCLP) and Cyanides (Total Amenable) the nonwastewater treatment standards expressed as a concentration were established, in part, based upon inciner- Waste code Notes to the Table: 1 2 3 4 5 10 U381 U382 U383 U385 U386 U387 U389 U390 U391 U392 U393 U394 U395 U396 U400 U401 U402 U403 U404 U407 U409 U410 U411 U384 U379 waste by the specified technologies: combustion, as defined technology code CMBST at § code BIODG, carbon adsorption as defined by the technology CARBN, chemical oxidation CHOXD, or combustion CMBST at § tinguish between applicability of different standards. is given for the parent compound only. Technology-Based Standards. ation in units operated accordance with the technical requirements of 40 CFR Part 264, Subpart O, or 265, based upon combustion fuel substitution operating in accordance with applicable technical requirements. A facility may comply these treatment standards according to provisions 40 CFR 268.40(d). All concentration for nonwastewaters are based on analysis of grab samples.

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4. In § 268.48, the table in paragraph ‘‘Molinate’’; ‘‘Oxamyl’’; ‘‘Pebulate’’; ‘‘o- PART 271ÐREQUIREMENTS FOR (a) is amended by adding footnote Phenylenediamine’’; ‘‘Physostigmine’’; AUTHORIZATION OF STATE number ‘‘ 6 ’’ in column one, under the ‘‘Physostigmine salicylate’’; HAZARDOUS WASTE PROGRAMS heading Regulated Constituents/ ‘‘Promecarb’’; ‘‘Propham’’; ‘‘Propoxur’’; 5. The authority citation for part 271 Common Name, under I. Organic ‘‘Prosulfocarb’’; ‘‘Thiodicarb’’; continues to read as follows: constituents, after the following ‘‘Thiophanate-methyl’’; ‘‘Tirpate’’; chemical names: ‘‘2213’’; ‘‘Aldicarb ‘‘Triallate’’; ‘‘Triethylamine’’; and, Authority: 42 U.S.C. 9602; 33 U.S.C. 1321 sulfone’’; ‘‘Barban’’; ‘‘Bendiocarb’’; ‘‘Vernolate’’; and adding footnote 6 at and 1361. ‘‘Bendiocarb phenol’’; ‘‘Benomyl’’; the end of the table to read as follows: ‘‘Butylate’’; ‘‘Carbaryl’’; ‘‘Carbenzadim’’; Subpart AÐRequirements for Final ‘‘Carbofuran’’; ‘‘Carbofuran phenol’’; § 268.48 Universal treatment standards. Authorization ‘‘Carbosulfan’’; ‘‘m-Cumenyl (a) * * * 6. Section 271.1(j) is amended by methylcarbamate’’; ‘‘Cycloate’’; adding the following entry to Table 1 in 6 ‘‘Diethylene glycol, dicarbamate’’; Between August 26, 1996 and August 26, chronological order by date of ‘‘Dimetilan’’; ‘‘Dithiocarbamates (total)’’; 1997, these constituents are not underlying publication in the Federal Register to ‘‘EPTC’’; ‘‘Formetanate hydrochloride’’; hazardous constituents as defined at read as follows: ‘‘Formparanate’’; ‘‘3-Iodo-2-propynyl n- § 268.2(i). butylcarbamate’’; ‘‘Isolan’’; § 271.1 Purpose and scope. ‘‘Methiocarb’’; ‘‘Methomyl’’; * * * * * ‘‘Metolcarb’’; ‘‘Mexacarbate’’; (j) * * *

TABLE 1.ÐREGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984

Federal Register ref- Promulgation date Title of regulation erence Effective date

******* Aug. 26, 1996 ...... Emergency Revision of the Land Disposal Restrictions 61 FR (Insert ...... Aug. 26, 1996 until Aug. 26, 1997. (LDR) Phase III Treatment Standards for Listed Haz- page numbers)...... ardous Wastes from Carbamate Production.

*******

[FR Doc. 96–21626 Filed 8–23–96; 8:45 am] BILLING CODE 6560±50±P

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