7824 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations

ENVIRONMENTAL PROTECTION statutory reportable quantities (RQs) for E. Constituents of Concern for Appendix AGENCY these substances. VII F. Constituents of Concern for Appendix EFFECTIVE DATE: This final rule is VIII 40 CFR Parts 261, 271, and 302 effective August 9, 1995. G. P Listings ADDRESSES: The official record of this H. U Listings [SWH±FRL±5150±3] rulemaking is identified by Docket I. Toxicity Information Number F–95–CPLF–FFFFF and is J. Risk Assessment RIN 2050±AD59 located at the following address. EPA 1. Comments Asserting that the Risk RCRA Docket Clerk Room 2616 (5305), Assessment Understates Risk Hazardous Waste Management 2. Comments Asserting that the Risk System; Carbamate Production U.S. Environmental Protection Agency, Assessment Overstates Risk Identification and Listing of Hazardous 401 M Street, SW., Washington, DC K. CERCLA RQs Waste; and CERCLA Hazardous 20460. L. Regulatory Impact Analysis Substance Designation and Reportable The docket is open from 9 a.m. to 4 M. Impact on Recycling and Reuse Quantities p.m., Monday through Friday, excluding N. Executive Orders Federal holidays. The public must make O. Paperwork Reduction Act AGENCY: U.S. Environmental Protection an appointment to review docket P. Compliance Schedule Agency. materials by calling (202) 260–9327. The VI. Compliance and Implementation public may copy 100 pages from the A. State Authority ACTION: Final rule. 1. Applicability of Rules in Authorized docket at no charge; additional copies States SUMMARY: The U.S. Environmental are $0.15 per page. 2. Effect on State Authorizations Protection Agency (EPA) is amending FOR FURTHER INFORMATION CONTACT: The B. Effective Date the regulations for hazardous waste RCRA/Superfund Hotline, toll-free, at C. Section 3010 Notification management under the Resource (800) 424–9346 or at (703) 920–9810. D. Generators and Transporters Conservation and Recovery Act (RCRA) The TDD Hotline number is (800) 553– E. Facilities Subject to Permitting to reduce hazards to human health and 7672 (toll-free) or (703) 486–3323 in the 1. Facilities Newly Subject to RCRA Permit 2. Interim Status Facilities the environment from the ongoing Washington, DC metropolitan area. For manufacture of carbamate chemicals, 3. Permitted facilities technical information on the RCRA 4. Units which are formulated for use as hazardous waste listings, contact John 5. Closure pesticides and in the production of Austin, Office of Solid Waste (5304), VII. CERCLA Designation and Reportable synthetic rubber. EPA is listing as U.S. Environmental Protection Agency, Quantities hazardous six wastes generated during 401 M Street, SW, Washington, DC, VIII. Executive Order 12866 the production of carbamate chemicals. 20460, (202) 260–4789. IX. Economic Analysis EPA is providing an exemption from the For technical information on the A. Compliance Costs for Listings definition of hazardous waste for certain CERCLA aspects of this rule, contact: 1. Universe of Carbamate Production Facilities and Waste Volumes wastes, if the generator demonstrates Ms. Gerain H. Perry, Response that hazardous air pollutants are not 2. Method for Determining Cost and Standards and Criteria Branch, Economic Impacts being discharged or volatilized during Emergency Response Division (5202G), 3. P and U List Wastes waste treatment. EPA is also exempting U.S. Environmental Protection Agency, 4. Potential Remedial Action Costs from the definition of hazardous wastes 401 M Street, SW, Washington, DC, 5. Summary of Results biological treatment sludges generated 20460, (703) 603–8760. B. Impacts from the treatment of certain wastes SUPPLEMENTARY INFORMATION: The X. Regulatory Flexibility Act provided the sludges do not display any contents of the preamble to this final XI. Paperwork Reduction Act of the characteristics of a hazardous rule are listed in the following outline: I. Legal Authority waste (i.e., ignitability, corrosivity, reactivity, or toxicity). The Agency is I. Legal Authority These regulations are being II. Background promulgated under the authority of also adding 58 specific chemicals to the III. Summary of Proposal list of commercial chemical products Sections 2002(a) and 3001 (b) and (e)(1) A. Proposed New Hazardous Wastes of the Solid Waste Disposal Act, as that are hazardous wastes when B. Determinations Not To List Certain discarded and to the list of hazardous Carbamate Wastes as Hazardous Waste amended, 42 U.S.C. 6912(a), and 6921 constituents upon which listing C. Exemptions (b) and (e)(1) (commonly referred to as determinations are based. EPA is IV. Changes to the Proposed Rule RCRA), and section 102(a) of the deferring action on 12 specific A. Exemptions Comprehensive Environmental chemicals and 4 generic categories. B. Appendix VII and Appendix VIII Response, Compensation, and Liability This action is taken under the C. Listing of Commercial Chemical Act of 1980 (CERCLA), 42 U.S.C. Products 9602(a). authority of sections 3001(e)(2) and V. Response to Comments 3001(b)(1) of the Hazardous and Solid A. Scope of Listing II. Background Waste Amendments of 1984 (HSWA), 1. Definition of Carbamates which direct EPA to make a hazardous 2. Listing Obligations A. Introduction waste listing determination for 3. Specific Substances As part of its regulations carbamate wastes. The effect of listing 4. Definition of Production implementing Section 3001(e) of the these wastes will be to subject them to 5. Requests for Additions to the Listings Resource Conservation and Recovery regulation as hazardous wastes under B. Listing Exemptions Act of 1976, as amended (RCRA), EPA subtitle C of RCRA; and the notification 1. K157 Exemption published a list of hazardous wastes that 2. K156 Exemption requirements of section 103 under the 3. Wastewater Treatment Sludge includes hazardous wastes generated Comprehensive Environmental Exemption from specific sources. This list has been Response, Compensation, and Liability C. Basis for Listing/No List amended several times, and is Act (CERCLA). EPA is not taking action D. Conflict with Other Regulatory published in 40 CFR 261.32. In this at this time to adjust the one-pound Initiatives action, EPA is amending this section to Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7825 add six wastes generated during the The Agency proposed adding K156, C. Exemptions production of carbamate chemicals. In K157, K158, K159, K160, and K161 to For wastewaters from the production addition, under the authority of section 40 CFR 261.32 because the wastes of carbamate and carbamoyl oxime 3001 of RCRA, EPA maintains at 40 CFR satisfy the criteria in 40 CFR chemicals (Hazardous waste code 261.33 a list of commercial chemical 261.11(a)(1–3) for listing hazardous K157), the Agency proposed to exempt products or manufacturing chemical wastes. from the definition of hazardous waste intermediates that are hazardous wastes The Agency also proposed to add 70 those wastewaters that do not exceed a if they are discarded or intended to be substances and 4 generic classes of total concentration of 5 parts per million discarded. In this action, the Agency is chemicals to 40 CFR 261.33. EPA by weight (ppmwt) of formaldehyde, amending 40 CFR 261.33 to add 58 maintains at 40 CFR 261.33 a list of methyl chloride, methylene chloride, specific materials to this list. discarded commercial chemical and triethylamine. Under All hazardous wastes listed under products, off specification species, § 261.3(a)(2)(iv), the new exemptions to RCRA and codified in 40 CFR §§ 261.31 container residues, and spill residues the definition of hazardous wastes, the through 261.33, as well as any solid thereof, which are regulated as exemption was proposed to read as waste that exhibits one or more of the hazardous wastes. The Agency proposed follows: characteristics of a RCRA hazardous to list 22 of the 70 substances as acutely waste (as defined in 40 CFR Sections hazardous under 40 CFR 261.33(e), § 261.3(a)(2)(iv) * * *; or 261.21 through 261.24), are also because toxicological studies have (F) One or more of the following wastes hazardous substances under the found the substances to be fatal to listed in § 261.32—wastewaters from the Comprehensive Environmental humans in low doses or in the absence production of carbamates and carbamoyl Response, Compensation, and Liability of data on human toxicity, it has been oximes (EPA Hazardous Waste No. K157)— Act of 1980 (CERCLA), as amended. See Provided, that the maximum weekly usage of shown in animal studies to have an oral formaldehyde, methyl chloride, methylene CERCLA Section 101(14)(C). CERCLA (rat) LD50 of less than 50 milligrams per chloride, and triethylamine (including all hazardous substances are listed in Table kilogram, a dermal (rabbit) LD50 of less amounts that can not be demonstrated to be 302.4 at 40 CFR 302.4 along with their than 200 milligrams per kilogram, an reacted in the process or is recovered, i.e., reportable quantities (RQs). inhalation (rat) LC50 of less than 2 mg/ what is discharged or volatilized) divided by Accordingly, the Agency is adding the L, or is otherwise capable of causing or the average weekly flow of process newly identified wastes in its action as significantly contributing to serious wastewater prior to any dilutions into the CERCLA hazardous substances in Table illness (see 40 CFR 261.11(a)(2)). The headworks of the facility’s wastewater 302.4 of 40 CFR 302.4. EPA is not taking treatment system does not exceed a total of remaining 48 substances and 4 generic 5 parts per million by weight. action at this time to adjust the one- classes of carbamate chemicals (i.e., pound statutory RQs for these carbamates, carbamoyl oximes, The Agency also proposed to substances. thiocarbamates, and dithiocarbamates) specifically exempt biological treatment sludges from the treatment of III. Summary of Proposal were proposed to be listed under 40 CFR 261.33(f) as toxic hazardous wastes wastewaters from the production of A. Proposed New Hazardous Wastes pursuant to 40 CFR 261.11(a)(3). These carbamates and carbamoyl oximes from the definition of hazardous waste. In the March 1, 1994 proposed rule substances were listed in Tables 5 and 6 of the proposed rule (59 FR 9812). Under § 263.3(c)(2)(ii), a new exemption (59 FR 9808) the Agency proposed to to the definition of hazardous wastes is list as hazardous six wastes generated B. Determinations Not To List Certain created for sludges from the biological during the production of carbamates: Carbamate Wastes as Hazardous Waste treatment of these wastewaters. This K156—Organic waste (including heavy As a result of the Agency’s studies, a new exemption was proposed to read as ends, still bottoms, light ends, spent number of generic groups of wastes follows: solvents, filtrates, and decantates) produced from the manufacture of from the production of carbamates § 261.3(c)(2)(ii) * ** carbamates, carbamoyl oximes, and carbamoyl oximes. (D) Biological treatment sludge from the thiocarbamates, and dithiocarbamates K157—Wastewaters (including scrubber treatment of one of the following wastes were not found by the Agency to require waters, condenser waters, listed in § 261.32—wastewaters from the additional regulation as a listed washwaters, and separation waters) production of carbamates and carbamoyl hazardous waste under RCRA. The oximes (EPA Hazardous Waste No. K157). from the production of carbamates Agency proposed to not list as and carbamoyl oximes. IV. Changes to the Proposed Rule K158—Bag house dust, and filter/ hazardous the following categories of A. Exemptions separation solids from the wastes: production of carbamates and —Spent carbon and waste water The Agency is finalizing a regulatory carbamoyl oximes. treatment sludges from the production strategy which allows for a K159—Organics from the treatment of of carbamates and carbamoyl oximes concentration-based exemption from the thiocarbamate wastes. —Wastewaters from the production of K156 and K157 listings. In the March 1, K160—Solids (including filter wastes, thiocarbamates and treatment of 1994 proposed rule, a concentration- separation solids, and spent wastes from thiocarbamate production based exemption was specifically catalysts) from the production of —Process Wastewater (including proposed only for K157. Using models thiocarbamates and solids from the supernates, filtrates, and washwaters) to calculate the atmospheric treatment of thiocarbamate wastes. from the production of concentrations of chemicals of concern K161—Purification solids (including dithiocarbamates resulting from the management of K157 filtration, evaporation, and —Reactor vent scrubber water from the and wastewaters derived from K156, the centrifugation solids), bag house production of dithiocarbamates Agency found that for these wastewaters dust, and floor sweepings from the —Organic wastes (including spent a total concentration of 5 parts per production of dithiocarbamate acids solvents, solvent rinses, process million by weight (ppmwt) would be and their salts. (This listing does decantates, and still bottoms) from the protective for wastewaters containing not include K125 or K126.) production of dithiocarbamates) formaldehyde, methyl chloride, 7826 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations methylene chloride, and triethylamine. than a total concentration of 5 ppmwt the headworks of the facility’s Assuming further wastewater treatment for the sum of the four constituents of wastewater treatment system does not as necessary before discharge, under the concern would not be hazardous wastes, exceed a total of 5 milligrams per liter. plausible mismanagement scenario of and any sludges generated from further In the case of wastewaters derived from treatment in open tanks for K157 or biological treatment would not be the treatment of K156 wastes, other wastewater derived from the treatment derived from hazardous wastes, wastes may be commingled for of K156, the Agency views this level as assuming wastewaters are <5 ppmwt at treatment. However, other hazardous protective of human health and the the point of generation. wastes mixed with K156 or K157 wastes environment. In addition, EPA notes The Agency is not requiring that are not exempt. Records of incinerator that the 40 CFR Part 268 land disposal generators taking advantage of the K157 feed rates and destruction efficiency can restrictions would not apply to wastes exemption actually monitor the be used to support a facilities claim of managed in tanks except to the extent concentration of the constituents of exemption. A facility can demonstrate the wastes were also managed in land- concern in untreated wastewater, but that it meets either of these exemptions based units such as surface uses the same strategy used in other only in part by direct effluent impoundments. Because the exemptions for wastewaters discharged measurement at the headworks. In each wastewaters from the treatment of K156 into the headworks of a wastewater case, the facility must also incorporate are similar to K157 wastes in treatment system found at 40 CFR any emissions from the treatment composition and management, the 261.3(a)(2)(4) (46 FR 56582, November system prior to the headworks in the Agency foresees no significant risks 17, 1981). A generator must be able to overall determination of regulatory from the exemption of K156 wastes demonstrate that the total amount of all status. derived from K156 in the same manner constituents of concern that is The Agency is also expanding the as K157 and is finalizing a discharged to the environment during proposed exemption of K157 concentration-based exemption to the the production week divided by the wastewater treatment sludges to include listing description of both K157 average weekly flow of the process unit sludges from the treatment of K156 wastewaters, and wastewaters derived discharge into the headworks of the wastes. The Agency is specifically from the treatment of K156 organic final wastewater treatment step not exempting biological treatment sludges wastes. exceed the standards. from the treatment of K156 and K157 In response to comment, the Agency This demonstration can be made wastes from the production of is modifying the exemption proposed to through an audit of various records carbamates and carbamoyl oximes from allow that portion of the chemicals of already maintained at most facilities, the definition of hazardous waste, concern which is ‘‘destroyed through including invoices showing material because it has characterized these treatment’’ to be considered in the mass purchases, lists including to whom and sludges and found that they do not pose how much inventory was distributed balance determination of exemption significant risks to human health or the and other, similar, operating records. A status. Under § 261.3(a)(2)(iv), new environment in the advent of plausible facility can exclude that portion of the exemptions to the definition of mismanagement. Under § 263.3(c)(2)(ii), constituents of concern not disposed to hazardous wastes are created for these a new exemption to the definition of wastewaters. No portion of the material wastewaters. These new exemptions hazardous wastes is created for sludges of concern which is volatilized may be read (changes to proposal in bold): from the biological treatment of these excluded from the calculation. Under wastewaters. This new exemption § 261.3(a)(2)(iv) * * *; or current regulations (40 CFR 262.11 and would read (changes to proposal in (F) One or more of the following wastes 268.7) generators are required to bold): listed in § 261.32—wastewaters from the determine whether their wastes are production of carbamates and carbamoyl hazardous. Facilities claiming the § 261.3(c)(2)(ii) * ** oximes (EPA Hazardous Waste No. K157)— exemption would have to be able to Provided that the maximum weekly usage of (D) Biological treatment sludge from the formaldehyde, methyl chloride, methylene demonstrate that they meet the treatment of one of the following wastes chloride, and triethylamine (including all exemption. Such information would be listed in § 261.32—organic waste (including amounts that can not be demonstrated to be intended to verify compliance with this heavy ends still bottoms, light ends, spent reacted in the process, destroyed through concentration standard. An EPA solvents, filtrates, and decantates) from the treatment, or is recovered, i.e., what is inspector would look to this information production of carbamates and carbamoyl discharged or volatilized) divided by the to verify the assessment made by the oximes (EPA Hazardous Waste No. K156), average weekly flow of process wastewater generator, and may employ direct and wastewaters from the production of prior to any dilutions into the headworks of analytical testing as further verification. carbamates and carbamoyl oximes (EPA the facility’s wastewater treatment system Hazardous Waste No. K157). does not exceed a total of 5 parts per million If either measurement indicate a total by weight; or concentration greater than 5 ppmwt for Without exemption, a large volume of (G) Wastewaters derived from the the sum of the concentrations of the four previously disposed wastes and sludge treatment of one or more of the following chemicals of concern, then the wastes is currently collecting within the various wastes listed in § 261.32—organic waste subject to regulation as K157 hazardous treatment systems would require (including heavy ends still bottoms, light waste. In this manner, the Agency seeks management as hazardous waste under ends, spent solvents, filtrates, and to discourage and prevent air stripping the derived-from rule (40 CFR decantates) from the production of or other technologies which would 261.3(c)(2)). However, in the case of the carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156).—Provided, that merely continue to volatilize these biological sludges from the treatment of the maximum concentration of pollutants of concern. carbamate and carbamoyl oxime formaldehyde, methyl chloride, methylene Commenters argued and the Agency wastewaters, the Agency could only chloride, and triethylamine prior to any agrees that wastes derived from K156 identify risks resulting from the dilutions into the headworks of the facility’s are no longer hazardous wastes hazardous volatile air pollutants present wastewater treatment system does not provided that the maximum in the wastewaters being treated. exceed a total of 5 milligrams per liter. concentration of formaldehyde, methyl Neither these air pollutants nor other Under these exemptions, wastes chloride, methylene chloride, and hazardous substances were found to be which are calculated to contain less triethylamine prior to any dilutions into accumulating in the biological treatment Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7827 sludges studied by the Agency. it was inadvertently omitted from the to the list of acutely hazardous wastes. Therefore, the Agency finds that these appendix VII basis of listing in the After evaluation of comments received, sludges do not meet the definition of Federal Register notice for the proposed four substances (bendiocarb, hazardous waste, and is exempting rule. The presence and risks attributed thiophanate-methyl, thiodicarb, and these sludges derived from K156 and to formaldehyde in K156 waste are propoxur), proposed for addition to 40 K157 wastes from the definition of clearly documented in the proposal. The CFR 261.33(e) as acutely hazardous, are hazardous wastes, provided the wastes Agency has corrected this omission and instead being added to 40 CFR 261.33(f) are not otherwise characteristically added formaldehyde to the appendix VII as toxic wastes when discarded. In each hazardous. EPA believes that this basis for listing of K156. The Agency is case, the Agency found that these four exemption is particularly appropriate also correcting the inadvertent omission substances did not meet the because of the small number of facilities of antimony and arsenic to the appendix § 261.11(a)(2) criteria for listing in in this industry and the Agency’s VII basis of listing for K161 (see 59 FR § 261.33(e). thorough investigation of carbamate 9830 and 9835). wastes. Commenters also brought to the In the case of propoxur, the Agency Agency’s attention, that Agency had not has examined the more current B. Appendix VII and Appendix VIII listed the generic listings of carbamates, inhalation studies provided, as well as In the March 1, 1994 proposed rule, carbamoyl oximes, thiocarbamates, or additional studies performed on the Agency had proposed the listing of dithiocarbamates, N.O.S. to appendix propoxur concentrates, and finds that acetone, hexane, methanol, methyl VIII. Based on either direct toxicological these more recent studies indicate a 1- isobutyl ketone, and xylene as part of studies or the extrapolation of existing hour inhalation LC50 near, but greater the basis for listing of one or more studies to the chemical group, the than, 2 mg/L. The Agency was unable to hazardous wastes in part 261 appendix Agency finds each member of these document the quality of the prior study VII and as hazardous constituents for groups may exhibit toxicological or all study protocols. Therefore, the addition to part 261 appendix VIII. properties or degrade to other known EPA is finalizing the listing of propoxur Because these constituents were not toxic substances. As stated previously, as a U-waste, rather than as a ‘‘P’’ list significant in the Agency’s the Agency is deferring the addition of waste, and designating propoxur as multipathway risk assessment, the the generic U360 through U363 listings U411. Agency is not finalizing the addition of until comment is taken of options to In the case of bendiocarb, acetone, hexane, methanol, methyl narrow their scope. This inadvertent thiophanate-methyl, and thiodicarb, it isobutyl ketone, and xylene to part 261 omission of addition of these categories was noted that the Agency had based its appendix VII. Furthermore, because to appendix VIII will be corrected in the these constituents are no longer future rulemaking. Therefore, the decision on 4-hour exposure studies significant to the carbamate industry, Agency has not finalized the addition of rather than 1-hour exposure studies and their addition to appendix VIII these generic descriptions to appendix consistent with the toxicological criteria could have far reaching impact, the VII. of 40 CFR 261.11(a)(2). The Agency has Agency is also not adding these solvents reevaluated each of the compounds to appendix VIII. C. Listing of Commercial Chemical LC50 (1-hour) inhalation toxicity and In reassessing the basis for listing, the Products based on these and the other Agency discovered that although The March 1, 1994 notice (59 FR toxicological results presented in the formaldehyde in K156 wastes had 9808) proposed the addition of 22 proposal is finalizing these three demonstrated significant risks via the substances to 40 CFR 261.33(e). This substances as toxic rather than acute direct inhalation pathway (59 FR 9827) final action adds 18 of the 22 substances hazardous wastes.

TABLE 1.ÐLIST OF PROPOSED ACUTE HAZARDOUS WASTES BEING ADDED AS TOXIC HAZARDOUS WASTES

Hazardous waste No. Toxic hazardous wastesÐCAS name (common name in parentheses) CAS No.

U278 ...... 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate (Bendiocarb) ...... 22781±23±3 U409 ...... Carbamic acid, [1,2-phenylenebis(iminocarbonothioyl)]bis-, dimethyl ester (Thiophanate-methyl) ...... 23564±05±8 U410 ...... Ethanimidothioic acid, N,N′-[thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester (Thiodicarb) ...... 59669±26±0 U411 ...... Phenol, 2-(1-methylethoxy)-, methylcarbamate (Propoxur) ...... 114±26±1

The Agency believes that as proposed Agency is not finalizing the generic U The Agency has performed a more the generic listing descriptions may be listings (U360 through U363) at this rigorous quantitative structure activity overly broad. Therefore, the Agency is time, and will take comment at a future relationship analysis (QSAR) to predict not finalizing at this time the four date on options to narrow the scope of the aquatic toxicity of each of the 12 proposed generic U listings (U360 the U360—U363 listings. deferred chemicals. The results of the through U363). With regard to the The Agency also evaluated the QSAR analysis supports the Agency’s generic listings, the Agency believes toxicological data for each waste conclusion that carbamates, carbamoyl that each generic group exhibits proposed for addition to 40 CFR oximes, thiocarbamates, and significant toxicological properties § 261.33(f). After review of the available dithiocarbamates are highly toxic to either directly from the chemicals toxicological data, 12 compounds were aquatic species. The results of these themselves or their potential not considered to have adequate studies are presented in Table 2 and degradation products and that the range toxicological data or predicted toxicity included in the Docket (see ADDRESSES). of variability in these effects in each values in the record to finalize these The Agency will present these studies case may pose risks to human health listings at this time. The Agency is and the methodology used for public and the environment. As a result, the deferring action on these 12 substances. 7828 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations comment during a planned reproposal of the 12 deferred chemicals.

TABLE 2.ÐQSAR RESULTS FOR DEFERRED DISCARDED CHEMICAL PRODUCTS

Fish Daphnid chronic chronic Waste code Toxic hazardous wastes CAS name (common name in CAS No. Fish 96-h Daphnid 48-h value value parentheses) LD50 mg/L LC50 mg/L (ChV) (ChV) mg/L mg/L

U368 ...... Antimony tris (dipentylcarbamodithioato-S,S')- (Antimony 15890±25±2 0.09 ...... 0.35 ...... 0.004 0.01 trisdipentyldithiocarbamate). U369 ...... Antimony, tris[bis(2-ethylhexyl)carbamodithioato-S,S']-, 15991±76±1 ...... 0.001 0.003 (Antimony tris(2-ethylhexyl)dithiocarbamate). U370 ...... Bismuth, tris(dimethylcarbamodithioato-S,S'-, (Bismuth 21260±46±8 1.8 ...... 0.63 ...... 0.03 0.06 tris(dimethyldithiocarbamate)). U371 ...... Carbamic acid, [(dimethylamino)iminomethyl)] methyl, 65086±85±3 190.0 ...... 30.0 ...... 20.0 3.0 ethyl ester monohydrochloride (Hexazinone intermedi- ate). U374 ...... Carbamic acid, [[3-[(dimethylamino) carbonyl]-2- 112006±94± 870.0 ...... 1000.0 ...... 90.0 100.0 pyridinyl]sulfonyl]-phenyl ester (U9069). 7 U380 ...... Carbamodithioic acid, dibutyl-, methylene ester ...... 10254±57±6 ...... 0.01 0.06 U388 ...... Carbamothioic acid, (1,2-dimethylpropyl) ethyl-, S- 85785±20±2 3.9 ...... 3.9 ...... 0.40 0.40 (phenylmethyl) ester (Esprocarb). 0.46ÐCarp 28±d TSCA§ 8E 8379 U397 ...... Lead, bis(dipentylcarbamodithioato-S,S')- (Lead, bis 36501±84±5 0.07 ...... 0.29 ...... 0.003 0.008 (dipentyldithiocarbamato)). U398 ...... Molybdenum, bis(dibutylcarbamothioato)- di-.mu.- 68412±26±0 4.0 ...... 1.7 ...... 0.20 0.25 oxodioxodi-, sulfurized. U399 ...... Nickel, bis(dibutylcarbamodithioato-S,S')- (Nickel 13927±77±0 0.12 ...... 0.26 ...... 0.004 0.01 dibutyldithiocarbamate). U405 ...... Zinc, bis[bis (phenylmethyl) carbamodithioato-S,S']- 14726±36±4 0.10 ...... 0.30 ...... 0.004 0.01 (Zinc dibenzyldithiocarbamate). U406 ...... Zinc, bis(dibutylcarbamodithioato-S,S')- (Butyl Ziram) ..... 136±23±2 0.12 ...... 0.26 ...... 0.004 0.01 0.74Ð daphinid 48±h TSCA§ 8E 9739

V. Response to Comments commenters believed that the definition four distinct functionalities: carbamates, The Agency is responding in this of a carbamates was too vague and that carbamoyl oximes, thiocarbamates, and preamble to the most significant any number of compounds could be dithiocarbamates. The production of comments received in response to both considered carbamates. Commenters chemicals in these four groups, the notice of March 1, 1994 (59 FR 9808) requested that EPA specifically define comprise the ‘‘carbamate industry’’ and the single comment received on each of the four generic classes of studied by EPA in this rulemaking carbamates that were part of the carbamate compounds (carbamates, proceeding. carbamoyl oximes, thiocarbamates, and ‘‘Michigan List’’ proposal 1 (49 FR Carbamates 49784, December 21, 1984). dithiocarbamates) along with the scientific rationale for each definition A carbamic acid ester is a compound Other comments received by the and to footnote the regulation with that has the following structure: Agency are addressed in the Response those definitions. to Comments Background Document RO2 that is available in the docket associated In the March 1, 1994, proposal (59 FR with this rulemaking. 9808), the Agency included the − − − − definition of carbamate in the RNCOR1 3 A. Scope of Listing engineering background document (F– Where R1 and R2 can be identified as a 1. Definition of Carbamates 94–CPLF–S0001). In response to hydrogen atom or any organic group comments that the categories are not beginning with a carbon sequence, and Many commenters were confused by sufficiently defined, EPA is providing R3 must be an organic group beginning the scope of the listings and found it additional clarification of the chemical with a carbon atom. The substitution of difficult to determine whether their characteristics of each of the specific a metal cation at the R3 position will production processes and discarded groups listed above. A discussion of the result in a carbamate salt. Polyurethanes products were in the scope of wastes term carbamate follows. (i.e., polymers consisting of linked included in the listings. Many Chemical Definitions carbamate esters) are not within the scope of this rulemaking. Polyurethanes 1 In response to a petition for rulemaking filed by the State of Michigan, the EPA proposed to add 109 Carbamates are salts or esters of are large molecular structures which are chemicals to the list of commercial chemical carbamic acid. Today’s regulations unlikely to be bioavailable and which products that are hazardous when discarded. impact the production of chemicals of do not exhibit the toxicological Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7829 properties of unlinked carbamate esters. Carbamoyl Oximes oxime functionality. Oximes are For the purpose of this rulemaking, all characterized by the structure RO-N=C- A carbamoyl oxime has the following R1,R2 where R1 and R2 can be a salts or esters of carbamic acids with chemical structure: molecular weight less than 1000 daltons hydrogen or any organic group beginning with a carbon atom. The and/or Log octanol/water partition ROR2 4 coefficient values of less than 8 are oxygen atom of the carbamate structure included. − − − − = − is used as a bonding point between the RNCONCR1 3 carbamate and oxime groups as shown Carbamoyl oximes are a combination of in the following diagram: the carbamate functionality and the BILLING CODE 6560±50±P

BILLING CODE 6560±50±C coefficient values of less than 8 are chloride with a mercaptan and differ For the purpose of this rulemaking, all included. from carbamates by the substitution of salts or esters of carbamoyl oximes with Thiocarbamates either oxygen atom with a sulfur atom as shown in the following diagram: molecular weight less than 1000 daltons Thiocarbamates may be produced and/or Log octanol/water partition from the reaction of a carbamoyl

RORO2 2

− − − − − − − − R1 N C S R 3 or R 1 N C O R 3

For the purpose of this rulemaking, all the C(=O))O moiety is replaced with Dithiocarbamic acid is commercially salts or esters of thiocarbamic acids with sulfur atoms. Dithiocarbamate esters important but is very unstable. As a molecular weight less than 1000 daltons have the following generic structure: result, it is often isolated as a metal salt. and/or Log octanol/water partition Usually, one or more hydrogen atoms on coefficient values of less than 8 are RS2 the amine function are replaced by an included. organic group. The following figure Dithiocarbamates RNCSR− − − − shows a typical reaction to produce a 1 3 dithiocarbamic acid salt: The dithiocarbamate differ from carbamates in that each oxygen atom of

R  S  M +   − = = + − − →  − −  + SCS RNH RNCS2  M carbon disulfide amin e dithiocarbamicacid metalsalt

For the purpose of this rulemaking, all Both alkyl and ethylene RSSR salts or esters of dithiocarbamic acids dithiocarbamates can form salts with with molecular weight less than 1000 metal ions and both can be oxidized to − − − − − − daltons and/or Log octanol/water the corresponding thiuram sulfides RNCSCNR()n partition coefficient values of less than (bis(aminothiocarbonyl)sulfides). Mono, wheren = 1,,, 2 3 4 8 are included. di, tri and tetra sulfides are known and Thiocarbamoylsulfenamides which are are included in this rulemaking. These sulfides are the linkage of two derivatives of dithiocarbamic acids are Thiuram sulfides have the following dithiocarbamic acids and are classed as not subject to this rulemaking. generic structure: dialkyldithiocarbamates in this rule, because thiuram sulfides are known to 7830 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations decompose to carbon disulfide, wastes. For dithiocarbamates which are product for use in the production of dialkylamine, and used as both pesticides and rubber urea. The Agency believes that dialkyldithiocarbamate. processing chemicals, the Agency found wastewaters from the production of that the processes used, the wastes ammonium carbamate fall under the 2. Listing Obligations generated, the management practices, K157 listing unless they meet the Commenters also took issue with the and the mismanagement scenarios were specified exemption. The Agency also inclusion of all the four chemical types similar regardless of the end use. The notes that ammonium carbamate is of carbamates under the scope of the Agency thus feels that regulating wastes currently regulated as a CERCLA statutory obligation of HSWA and that from the production of dithiocarbamates hazardous substance with a final of the proposed consent decree in EDF without regard to end use is reportable quantity (RQ) of 5000 v. Browner (Civ.No. 89–0598, District of appropriate. For P and U listings, the pounds. Columbia Circuit).2 Specifically Agency considered the toxicity of the 4. Definition of Production commenters believed that material. The Agency feels that the end thiocarbamates and dithiocarbamates use is not an appropriate consideration Several commenters stated that the should not be included with carbamates because these listings regulate the definition of production should be and that the listing determination disposal of the chemical as a waste. clarified to limit the rule to the chemical should have been limited to the specific synthesis of a carbamate, carbamoyl 3. Specific Substances compounds identified in the proposed oxime, thiocarbamate or consent decree. Several commenters Commenters requested specific dithiocarbamate as an isolated product believe EPA is obligated only to make guidance in determining whether a and propose a definition that does not hazardous waste listing determinations given product fell within the scope of include operations which isolate non- for production wastes from those the listing. Commenters noted that the carbamate product for which there is specific dithiocarbamates, thiram, ziram chemical definition of carbamate otherwise a commercial market. Several and ferbam, listed in the proposed includes all salts and esters of carbamic commenters also wanted clarification on consent decree. Other commenters acid. As such, commenters stated that whether wastes from use or formulation believe that the scope of the listings carbamates could be viewed to include were included in the scope of the should be limited to pesticide products. such substances as ammonium proposed listings. Sections 3001(e) and 3001(b) give the carbamate (a carbamic acid salt) and In studying the carbamate Agency the authority to list any waste polyurethanes (polymers of linked manufacturing industry, the Agency as hazardous provided it satisfies 40 carbamate ester structures). In order to analyzed current carbamate CFR 261.11. Furthermore, Section narrow the scope of the proposed listing manufacturing processes. In order to 3001(e)(2) of RCRA as amended to the particular carbamate structures focus the study, the Agency determined mandates that the Agency make a studied, it was suggested the Agency the raw materials, processes and determination whether or not to list as either list specific products to which the reactions that were unique to the hazardous wastes from the manufacture listing would apply, or restrict the carbamate manufacturing industry. The of carbamates. Since the statute gives no listing applicable to pesticide products. Agency concludes that carbamate further definition of carbamates, it is left In response, the Agency believes the production begins with the synthesis of to the Agency to determine the scope of toxicity of carbamates, carbamoyl non-carbamate intermediates, chemicals the wastes subject to the mandate. The oximes, thiocarbamates, and which have no other use except for the Agency believes that the mandate was to dithiocarbamates to be a function of the production of a carbamate product or make hazardous waste listing bioavailability and reactivity of the carbamate intermediate, and includes determinations for wastes generated chemicals as a waste, and therefore all subsequent processes involved with from the manufacture of carbamates. product use should not be a limiting the production of the respective Neither the congressional mandate nor factor, as bioavailable and reactive carbamate. Therefore, wastes from the EDF consent decree limited the carbamates used for industrial purposes chemical processes which produce non- Agency’s authority to consider the range other than pesticides are assumed to carbamate basic or specialty chemicals, of wastes subject to this rulemaking. have the potential to exhibit toxicity. which have multiple uses, are not One commenter suggested that EPA With regard to the specific chemicals subject to the K156–K161 hazardous limit the scope of the listings to wastes mentioned above, polyurethanes are waste listings. For example, wastes from from the manufacture of pesticide large biologically unavailable molecules the production of phosgene or methyl products. The Agency disagrees with not within the scope of this rulemaking. isocyanate which are used in numerous the commenter. The Agency’s industry Isotoic anhydride contains a -N-(C=O)- chemical production activities would study focused on the four distinct O- sequence, but chemically the not be included in the scope of the groups of chemicals. This study was substance is an acid anhydride and is listing. In the case of non-carbamate designed to evaluate the wastes from the not within the scope of this rulemaking. intermediates, which have no other use production of these chemicals and the Furthermore, carbamates that are not but the production of carbamate intermediates or final products, wastes potential of the products to pose a isolated during production (i.e., from the production of such hazard to human health or the transient intermediates and not removed intermediates would be subject to the environment when discarded. Thus, the from a process) are not included in the listing. Such wastes are properly end use of the product was not scope of the listing. Processes which classified as carbamate production considered to be relevant, only the include the brief formation of a carbamate intermediate which is not wastes and within the scope of RCRA § 3001(e)(3), regardless of whether or 2 The Environmental Defence Fund (EDF) sued separated from the process or the Agency for inter alic, failing to meet the transported to another facility or process not the production occurred at the statutory deadlines of section 3001(e)(2) for making train and is converted to a non- ultimate site of manufacture of the a hazardous waste listing determination for carbamate is not included in the scope carbamate chemical. Thus, wastes from carbamates. The resulting consent decree (entered the production of bendiocarb phenol, December 9, 1994) establishes a number of of the listing. deadlines, including a January 31, 1995, deadline In the case of ammonium carbamate, A–2213 (intermediate in oxamyl for this action. the material is sold or transferred as a production), and carbofuran phenol, all Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7831 of which are solely used for the scenario because they are used at some was dominated by risks attributed to production of carbamates, are within the carbamate facilities, and may be used in chloroform. Absent the presence of scope of the listing. the future at new facilities. As well they chloroform, this waste would not satisfy Wastes from the use of carbamate believe that wastewaters from the the criteria for listing. While the products are not generated from the production of thiocarbamates contain commenter believes that all wastes production of carbamates and, therefore, EPTC (Eptam) at greater than 100 times which exhibit a characteristic should be are not within the scope of the proposed the health based level. They also state listed, to implement hazardous waste listings. Also, wastewaters from the that process wastewaters from the management the Agency has put into formulation of carbamate products into production of dithiocarbamates contain place a two tiered system of consumer products (i.e., the production levels of carbon disulfide that exceed characteristic and listed wastes. The of end use pesticide products) are not applicable health standards and that U.S. Court of Appeals for the District of subject of the K156–K161 listings. The scrubber waters prom the production of Columbia Circuit recently found in K listings regulate only wastes from the dithiocarbamates contain piperidine at Natural Resources Defense Council v. manufacture of the chemical significant concentrations. EPA, 25 F.3d 1063 (District of Columbia ingredients. Organic Wastes from Dithiocarbamate Circuit 1994), that EPA is not compelled Production. The commenter disputes 5. Requests for Additions to the Listings by its regulations to list a waste as that fact that all of the organic wastes hazardous because it exhibits a One commenter believed that the from Dithiocarbamate production are characteristic. The court found that EPA following wastes which EPA proposed adequately managed as hazardous, has the discretion to make a reasoned not be listed should in fact be listed as because the F003 listing is not based on judgment as to under which system a hazardous: toxicity. The commenter maintains that waste should be managed. In this case, Wastewater treatment sludges. The these wastes should be listed as EPA has no information indicating that commenter believed that the wastewater hazardous. the current hazardous waste regulation treatment sludges from the production The Agency disagrees with the of these spent carbons are inadequate. of carbamate and carbamoyl oximes commenter on each the points raised. The Agency finds no need for redundant contain high contaminant For wastewater treatment sludges, spent concentrations that warrant regulation. regulation, because risks are directly carbons, thiocarbamate and controlled by existing regulation. Specifically the commenter believed dithiocarbamate wastewaters, and In the case of wastewaters from that concentrations of methylamine, dithiocarbamate organic wastes the thiocarbamate and dithiocarbamate trimethylamine and bis(2- Agency did not project significant production, the Agency determined that ethylhexyl)phthalate, naphthalene, and human health or environmental risks as ‘‘plausible mismanagement’’ would be 4-methylphenol were sufficiently high currently managed. EPA notes that the to warrant regulation of the sludges. The commenter did not provide continued management in existing commenter believed that the risk accompanying exposure assessment and treatment systems comprised of tanks. modeling was flawed in that its risk levels in their comment package. The Agency does not view exposure pathway assumptions They merely state that high abandonment of existing treatment understated the risks in the groundwater concentrations warrant regulation. systems for unlined surface pathway and in the modeling For wastewater treatment sludges, the impoundments as ‘‘plausible.’’ The techniques used. Agency considered as plausible Agency believes that since the Spent carbon. The commenter mismanagement the current carbamate manufactures have already believes that chloroform is not the only management practices of management made a considerable investment in constituent of concern in the spent in tanks and subsequent disposal in wastewater treatment systems using carbons from the production of landfills. No significant risks were tanks, they will continue to use them. carbamates and states that the one attributable to these management Furthermore, the Agency also believes sample taken by the Agency contained scenarios. In the assessment of landfill permitting authorities are strongly significant concentrations of methylene management, model leachate biased against the permitting of new chloride, ethyl benzene and carbofuran. concentrations were matched to surface impoundments, due to the The commenter also believes that they analytical TCLP leachate potential for such units to contaminate should be listed because the listing concentrations. It is reasonable to groundwater resources. This bias criteria require EPA to list a waste as calibrate model outputs to experimental considerably lessens the likelihood of hazardous if it routinely exhibits a measurements of actual leaching future surface impoundments. hazardous waste characteristic. potential obtained using the Agency’s In the current management scenario of Wastewaters. The commenter believes Toxicity Characteristic Leaching tanks, the Agency does not project that the Agency only considered Procedure (TCLP, 40 CFR 262, significant risks, and does not view the mismanagement in tanks to result in Appendix II), because these replacement of these tanks with other only an air emission exposure pathway. experimental measurements may more treatment units as plausible. The The commenter believed that the accurately predict the waste’s leaching Agency was able to survey all U.S. Agency ignored spills or releases from potential. This procedure was designed producers of carbamates and could only tanks to surface waters or groundwater, to approximate the leaching of wastes identify the use of surface and did not consider impacts to birds co-disposed with municipal wastes, impoundments as polishing ponds after and other wildlife on direct contact with therefore the Agency has utilized these aggressive biological treatment in tanks. the wastewater, did not establish experimental measurements in lieu of EPA’s analysis indicated that the margins of safety to take into account model projections of the leachate carbamate industry is unlikely to lack of inhalation health-based composition. experience rapid and significant standards, or take into account multiple Based on the Agency’s assessment, expansion and thus the development of sources of contaminants at carbamate spent carbons from carbamate significant new manufacturing sites and facilities. They also believe that the production where found to be increased waste disposal is low. The surface impoundment should be characteristically hazardous as D022 EPA has, therefore, not listed these considered a plausible management (chloroform) and the risk assessment wastes as hazardous. 7832 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations

In response to the commenters claims carbamate industry are protective of balance demonstration requires the that the Agency ignored spills or leaks human health and the environment and facility to account for all of the materials from tanks, failed to consider wildlife that a separate listing designation would introduced to the process showing impacts, establish safety margins to be redundant. amounts reacted, treated, recycled, and account for the lack of inhalation disposed. The accuracy of the mass B. Listing Exemptions health-based standards or consider the balance approach is largely dependent multiple sources of contaminants, the 1. K157 Exemption on the process material records and Agency disagrees with each of the Many commenters supported the accurate flow measurements during the commenter’s assertions. When assessing K157 exemption as proposed because production week. It is incumbent upon management of waste in surface they felt it provided operational those claiming the exemption to provide impoundments, EPA included spills flexibility, incentives for waste documentation supporting the claim. One commenter, however, believes and overflows in the calculations. These minimization and an opportunity to that K157 waste should not be allowed were not accidental or catastrophic overcome some of the difficulties releases, but rather based on an exemption because they believe the created by managing listed wastes under probabilities of overflows and spills. In wastes exhibited one or more hazardous the current rules. Some commenters the case of tanks, accidental release waste characteristics requiring listing, also wanted clarification on the point of scenarios or catastrophic release that air emission risk was well application of the exemption (i.e., where scenarios were not considered as a documented, and that because in the treatment process the potential basis for listing. Wastewater carbamate facilities are largely all RCRA determination is made as to whether or treatment tanks are excluded from permitted facilities, Agency resources not the exemption level is achieved). RCRA permitting provisions (40 CFR would not be taxed by a change in the Several felt that the compliance point 264.1(g)(6) and 265.1(c)(10)), and the current exemption of wastewater should be downstream of strippers and product storage tank are excluded under treatment tanks from RCRA permitting 40 CFR 261.4(c). Therefore, RCRA other treatment systems. Several and hence RCRA air emission controls. currently does not impose containment commenters also requested that The Agency disagrees. To implement standards. However, the EPA compliance with the exemption be hazardous waste management the Administrator has authority under demonstrated using analytical testing. Agency has put into place a two tiered The Agency feels that the appropriate RCRA section 7003 to bring suit on system of characteristic and listed compliance point for application of the behalf of the United States as may be wastes. As discussed above, the D.C. K157 exemption is the point of necessary to stop any imminent and Circuit Court recently found that EPA substantial endangerment to health or generation prior to aggregation with has the discretion to make a reasoned the environment. other carbamate and non-carbamate judgement as to under which system a EPA performed a screening analysis of waste streams. The Agency feels that if waste should be managed. In the case of the potential impacts on terrestrial the point of exemption were after K157, the Agency believes that the same species. However, the Agency is still aggregation of the listed wastes with models used to calculate air emissions developing methodologies for other wastes it would provide some risks can also be used to determine a characterizing risk to terrestrial wildlife incentive to selectively mix wastewater concentration at which this risk and endangered species, and believes streams to meet the exemption criteria. pathway has been abated such that that the analysis presented in the risk By applying the concentration limit at unrestricted wastewater treatment could background document (F–94–CPLP– the point of generation, it is likely that proceed. Thus, the Agency believes that S0003) needs to be further refined. only the wastewaters that meet the the K157 exemption is warranted for The Agency calculated risks for each criteria will be exempted. In addition, if those wastes that do not exceed the exposure pathway of significance and the compliance point is moved to the exemption limits. The Agency views considered the potential cumulative exit of steam strippers and incinerators, any change to the current wastewater risks of multiple exposures to the same storage tank and other treatment unit treatment unit exemption to be beyond toxic contaminates via multiple emissions would no longer be the narrow scope of this hazardous pathways. The Agency acknowledges considered in the exemption waste listing determination. The Agency that there may be other exposures determination. will further evaluate the regulatory resulting from such pathways as facility With regard to testing, the Agency status of wastewater treatment tanks in air emissions or consumer product use, does not preclude the direct development of the Phase Four Land and has attempted to quantify only measurement of the maximum Disposal Restrictions Rule. those risks associated with solid waste concentration of formaldehyde, methyl One commenter believes that EPA’s management. chloride, methylene chloride, and method for determining the The organic wastes from the triethylamine using quantitative concentration of the constituents of production of dithiocarbamates were analytical methods to demonstrate the concern may have ignored the benefit found by the Agency to be composed exemption requirements are met. offered from various control devices for largely of solvents regulated by the F003 However, the Agency concludes that the volatile constituents. The and F005 hazardous waste listings. end-of-pipe analytical demonstrations commenter agrees that uncontrolled While F003 is only listed because of the alone do not prove compliance with the volatilized constituents should be characteristic of flammability, the exemption criteria. All waste treatment included in the calculations; however, Agency acknowledges that additional emissions must be considered. For the commenter believes that the use of toxicity concerns have since been example, an end-of-pipe test prior to appropriate control devices for volatile reported in a number of scientific mixing with other sources provides a constituents to capture or destroy the studies. However, these solvents were rapid determination of the constituent should be part of the mass not found to present significant risks concentration of constituents in the balance determination of regulatory when managed in tanks or from residual wastewater being disposed. However, status (i.e., whether or not the waste is incinerator emissions. The Agency this single point-of-compliance does not exempt or not). As a result the concludes that the existing regulation of demonstrate that constituents were not commenter believes that the exemption F003 wastes within the context of the evaporated to the environment. A mass should be amended to state that only Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7833 those hazardous constituents that case where wastewaters are removed benomyl, carbendazim, carbaryl, and cannot be demonstrated to be reacted in from the process and subsequently carbofuran. The Agency used a the process, recovered, or otherwise treated, all the streams are derived from multipathway risk assessment and controlled should be included in the K157, and therefore all the streams are found that the constituents found in exemption calculation. The commenter potentially exempt if a mass balance these wastes presented a risk to human also suggests that EPA consider credits shows that the maximum weekly usage health and the environment if the waste or an exemption allowance for leak of formaldehyde, methyl chloride, is improperly managed. Thus, the detection and repair programs which are methylene chloride, and triethylamine Agency does not feel an exemption for currently in place and are part of the (including all amounts that can not be untreated K156 wastes is warranted. control process for carbamate demonstrated to be reacted in the The Agency believes, however, that production and K157 wastewaters. process, destroyed through treatment, or some K156 wastes deserve the same The Agency agrees control devices for is recovered, i.e., what is discharged or type of exemption as K157 wastewater. volatile constituents should be volatilized) divided by the average Wastes derived from the treatment of considered in the K157 wastewater weekly flow of process wastewater prior K156 wastes such as incinerator exemption mass balance because there to any dilutions does not exceed a total condensate waters and other dilute are valid control measures that prevent of 5 parts per million by weight. If the wastes present risks similar to those the release of the constituents to the facility can demonstrate that the amount from K157 wastewaters. For example, a environment, through recycling, or of these constituents discharged or carbamate process unit may generate an treatment. As a result the Agency is volatilized is less than 5 ppm then the organic stream (i.e., >1% TOC) that is modifying the exemption to include the K157 waste is exempt. identified as K156. This material then mass destroyed through treatment in the 2. K156 Exemption undergoes incineration or steam mass balance. The Agency believes that, stripping generating a wastewater while leak detection systems and repair Several commenters believe that the stream (e.g., scrubber blowdown) with programs are necessary to the safe and exemption outlined in the K157 <1 % TOC. This wastewater is very efficient management of wastes, these exemption should be expanded to similar in constituent type and should be standard operating practices. include organic wastes from the concentration as a K157 waste yet Thus, the Agency believes that a credit production of carbamates and carbamyl carries the K156 designation as a result or allowance for these management oximes (i.e. K156 wastes). As an option of the derived-from rule (40 CFR practices is not warranted. some commenters believe the same 261.3(c)(2)). One commenter believes that wastes approach should be extended to other Commenters noted that these derived are differentiated by treatability groups carbamate K-listed wastes (e.g., from wastes are currently managed in (wastewater or non-wastewater) while incinerator scrubber blowdown). the same treatment systems used for exemptions are by listing code. The Specifically, one commenter noted that K157 wastes, and that these are the commenter notes that wastes can change K156 scrubber water and steam same treatment systems sampled and treatability group as a result of stripping bottoms generally no longer evaluated by the Agency during it treatment, and requests clarification of contain VOCs and the carbamate multipathway risk assessment. Because EPA’s intentions concerning K157 non- component has been treated. They wastewater ‘‘derived from’’ K156 wastes wastewaters generated through therefore believe that the proposed contain pollutant levels which would be permissible switching of treatability exemption should be modified to safe to undergo biological treatment are include K156 wastes which contain <5 groups when steam stripping generates currently managed with the K157 ppm of methyl chloride, formaldehyde, wastewater bottoms (<1% total organic wastewaters the Agency studied, the triethylamine, and/or methylene carbon, <1% total suspended solids) Agency has considered the expansion of and non-wastewater overheads (>1% chloride) if the wastes are treated in the wastewater exemption to include TOC). The commenter wishes to biological treatment systems. This wastewaters derived from the treatment determine if K157 nonwastewaters commenter believes that without the of K156. The risks of concern the derived as a result of steam stripping exemption, the mixture and derived- Agency measured for these units were and then incinerated generating a K157 from rule will force manufacturers to from the volatilization of waste derived from wastewaters (scrubber collect incinerator scrubber waters or contaminants. Since the K156 derived waters) still meets the exemption. stripper bottoms derived from treatment Waste meeting the hazardous wastes of K156 wastes for off-site management from wastewaters have such similar listing descriptions of K156 and K157 or collect all K156 organic wastes for properties and constituent are differentiated by their treatability off-site management. The commenters concentrations and continue to be group at the point of generation. also believe that the lack of an treated in tanks, the Agency concludes Carbamate process wastes less than 1% exemption for K156 non-wastewaters that these derived-from wastes deserve total organic carbon (TOC) and less than equivalent to that for K157 wastewaters to be provided the same regulatory 1% total suspended solids (TSS) are would result in needless off-site coverage as K157 wastes. Furthermore, aqueous wastes designated as shipments of wastes. the Agency believes that the lack of a Hazardous Waste No. K157. Process The Agency has considered the similar exemption for K156 may reduce wastes greater than 1% are designated expansion of the exemptions for other the incentives for source reduction by as Hazardous Waste No. K156. wastes proposed for listing. For facilities. Source reduction practices Subsequent treatment does not change a untreated K156 wastes the Agency does would result in the production of waste’s hazardous waste number. The not believe that it is appropriate to smaller volumes of more concentrated commenter has described a case where provide an exemption similar to K157 wastes and these wastes would likely be K157 wastewaters are treated to separate wastes. K156 wastes typically contain K156 rather than K157. an organic laden stream which is high concentrations of organic solvents The Agency has therefore added a incinerated, and incinerator condensate such as xylene, methanol, methyl concentration-based exemption for returned for wastewater treatment. The isobutyl ketone, toluene, acetone, and wastes derived from K156 wastes. The Agency defines a hazardous wastes triethylamine and significant exemption reads: listing at the point of generation. In the concentrations of such compounds as § 261.4(a)(2)(iv) * ** 7834 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations

(G) Wastewaters derived from the or collect all K156 organic wastes for trimethylamine was found at 15 mg/kg treatment of one or more of the following off-site management. and not 15,000 mg/kg as reported by the wastes listed in § 261.32—organic waste The Agency agrees with the commenter. While some constituents in (including heavy ends still bottoms, light the solid wastes exceeded the health- ends, spent solvents, filtrates, and commenter and has reevaluated its decantates) from the production of decision to exempt wastewater based numbers, the constituents were carbamates and carbamoyl oximes (EPA treatment sludges. During the industry not found to leach from the matrices. Hazardous Waste No. K156).—Provided, that study the Agency sampled wastewater Only one leachate sample had bis 2- the maximum concentration of treatment sludges that were derived (ethylhexyl)phthalate (DL–05 TCLP (2 formaldehyde, methyl chloride, methylene from the treatment of K157 wastes as times the HBL)) present at a chloride, and triethylamine prior to any well as sludges derived from K156 concentration that exceeded the health dilutions into the headworks of the facility’s wastes. The Agency performed a based number. wastewater treatment system does not exceed The Agency used these concentrations a total of 5 milligrams per liter. multipathway risk assessment on the sludges using the collected data and in the multipathway risk assessment Therefore, in order to be exempt, determined that they did not meet the and considered as plausible these K156 derived wastewaters would criteria for listing presented in 40 CFR mismanagement the current need to demonstrate that the emissions 261.11. The Agency is therefore management pathways of management of formaldehyde, methyl chloride, expanding the scope of the exemption to in tanks and subsequent disposal in methylene chloride, and triethylamine include K156 derived from wastewaters. landfills. No significant risks were not exceed a total 5 ppm for The exemption reads: attributed to these management environmental discharges and scenarios. The Agency believes that the subsequent wastewater treatment. This § 261.3(c)(2)(ii) * ** management scenarios used in the risk exemption is different from the K157 (D) Biological treatment sludge from the assessment were appropriate because exemption in that it is only for treatment of one of the following wastes the industry is currently managing the wastewaters (i.e., TSS<1% and listed in § 261.32—organic waste (including sludges in this manner. In the TOC<1%) derived from the treatment of heavy ends still bottoms, light ends, spent assessment of landfill management, K156 and not for the generated K156 solvents, filtrates, and decantates) from the model leachate concentrations were wastes themselves. production of carbamates and carbamoyl matched to analytical TCLP leachate oximes (EPA Hazardous Waste No. K156), While in general commenters concentrations. The Agency calibrated requested this extension of the and wastewaters from the production of carbamates and carbamoyl oximes (EPA model outputs to experimental exemption proposed for K157 wastes to Hazardous Waste No. K157). measurements of actual leaching also include similar wastewaters potential, and believes that it has derived from the treatment of K156 As noted in Section A.5 above, one accurately assessed the leaching wastes, one commenter did object to the commenter believed that wastewater potential of this wastestream. As a result proposed exemption, as noted above in treatment sludges contain high the Agency does not believe listing of section V.B.1. Because significant contaminant concentrations that the wastewater treatment sludges is treatment will be necessary for these to warrant regulation. Specifically the warranted and that the exemptions meet the exemption criteria, and the commenter believed that concentrations provide for these sludges is appropriate. Agency’s sampling had included of methylamine, trimethylamine and sludges derived from both K156 and bis(2-ethylhexyl)phthalate, naphthalene, C. Basis for Listing and Decisions Not to K157 wastewaters, the Agency is and 4-methylphenol were sufficiently List confident that risks would not be high to warrant regulation of the One commenter believes that the increased by extending the exemption to sludges. Specifically, the commenter K156 through K161 listings are based on wastes derived-from K156 wastes and is believed that total bis (2-ethylhexyl) mischaracterized waste streams. The finalizing the above exemption in this phthalate was recorded in one sample as commenter believes that in some cases rulemaking. 22 mg/kg, compared to the health-based identified constituents of concern come concentration of 0.006 mg/L; the from non-carbamate processes and thus 3. Wastewater Treatment Sludge samples contain 3,320 mg/L, and 4,600 should not be used in evaluating the Exemption mg/kg total methylamine, compared risk of carbamate waste streams. The One commenter felt that since K156 with aquatic LC50 concentration of 150 commenter also believes that the scrubber water and steam stripping mg/L and the lethal dose for mice Agency did not collect enough data to bottoms no longer contain VOCs and the (subcutaneous) of 2,500 mg/kg; and one support this rulemaking and that EPA carbamate component has been treated, sample contained an estimated 15,000 has based the proposed listing on that the K156 hazardous waste code mg/kg total trimethylamine. constituents that are only proposed for should not apply to downstream Concentrations of naphthalene and 4- addition to appendix VIII rather than biological treatment system sludges. The methylphenol in the sludges also exceed those already on appendix VIII. Several commenter therefore believes that the health-based concentrations. The commenters did not believe that the proposed biological treatment sludge commenter also believed that the risk EPA demonstrated that the K156 exemption should be modified to modeling was flawed in that its through K161 wastes meet the listing include K156 wastes which contain <5 exposure pathway assumptions criteria set out in 40 CFR 261.11. ppm of methyl chloride, formaldehyde, understated the risks in the groundwater Commenters believe that the Agency triethylamine, and/or methylene pathway and in the modeling misapplied the listing criteria by using chloride) if the wastes are treated in techniques used. inappropriate mismanagement scenarios biological treatment systems. The For wastewater treatment sludges, the to evaluate the hazards posed by the commenter believes that without the referenced constituents while present, carbamate wastes. The commenters exemption, the mixture and derived- were not present in mobile forms above believed that the Agency should have from rule will force manufacturers to health-based levels or aquatic LC50. used management scenarios which the collect incinerator scrubber waters or Specifically, methylamine was detected waste would normally undergo. stripper bottoms derived from treatment in RP–09 at 4.6 mg/kg and not 4600 mg/ Specifically, the commenter believes of K156 wastes for off-site management kg as the commenter noted. As well that the Agency only used exposure Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7835 routes for pesticide use rather than carbamate manufacturers identified in disagrees with the commenter with routes for pesticide wastes. the United States during 1991 using a regard to the management scenarios In addition, several commenters RCRA Section 3007 survey. To used in the listing determinations. The believe that dithiocarbamates as a group supplement the data and information mismanagement scenarios that were and individual dithiocarbamates did not collected in the survey, the Agency used in the evaluation of carbamate meet the listing criteria set out in 40 visited nine carbamate facilities and wastes were not hypothetical, but were CFR 261.11. Specifically, several collected waste samples at eight of these based on actual waste management commenters felt the Agency has not facilities. These facilities are practices currently used by the industry. demonstrated that dithiocarbamates representative of the carbamate industry Because these practices are, in fact, meet the reactivity criteria of 40 CFR and produce 55 percent by weight of all engaged in by the industry they are 261.23(a) (1), (2), (3), and (4) or the carbamates manufactured in the U.S. plausible management scenarios for toxicity criteria of 40 CFR 262.11(a)(2). These eight facilities represent products these wastes. The Agency did not rely The Agency believes that it has that make up over 89 percent of overall on pesticide use exposure routes and accurately characterized the waste carbamate production. The Agency specific damage incidents as the sole streams generated by carbamate collected and analyzed approximately basis for listing. Specific damage manufacturers. In some cases waste 60 samples from these facilities. These incidents involving pesticides were streams that resulted from the treatment samples were supplemented by 26 used as supporting documentation that of commingled streams from carbamate samples collected from carbamate carbamates can have a significant and non-carbamate streams were facilities by the Office of Water during environmental impact if improperly sampled and analyzed. This is because, the development of the effluent disposed. at many facilities, carbamate guidelines for pesticide manufacturers. EPA believes that dithiocarbamate manufacturing is only part of the The Agency believes that the 86 samples wastes pose significant risks to human production activities occurring. It is are representative of the wastes health and the environment, because common (especially for wastewaters) at generated by carbamate manufacturers these materials are bioavailable and carbamate manufacturing facilities to and that these analyses, in addition to degradable and have the potential to commingle wastes prior to treatment the information provided in the RCRA exhibit significant aquatic toxicity, and disposal. The Agency believes that Section 3007 surveys, provide sufficient reproductive and neurological effects, when streams are commingled for the data to support this rulemaking. and have the potential once released in purpose of treating one with the other The Agency also believes that it is the environment to form among other that it was appropriate to sample the acceptable to propose both additions to degradation products, carbon disulfide commingled stream. For example, at appendix VIII and appendix VII at the (a potent reproductive and neurological Zeneca’s Bucks, AL facility, the Agency same time. The Agency believes that it toxicant). analyzed several streams that result has the basis for proposing additions to These risks specifically meet EPA’s from the treatment of thiocarbamate appendix VIII based on the presence of listing criteria as described in the wastes as well as other processes. These the constituents in carbamate wastes preamble to the dyes and pigments streams are derived from carbamate and their toxicity. In addition, the listing determination (59 FR 66072, streams and it is appropriate to Agency took comments on the proposed December 22, 1994). With regard to the characterize these streams and consider additions to appendix VIII. There is toxicity of the dithiocarbamates, the them for listing as hazardous. nothing that prohibits the simultaneous Agency believes that in addition to the Specifically, the benzene and toluene in hazardous waste listing and appendix toxic effects of intact dithiocarbamates, the commingled streams from the non- VIII addition, provided that the Agency the formation of toxic decomposition carbamate processes at Zeneca are used solicits and responds to public comment products is a major concern for to extract the thiocarbamates from the on both actions. The Agency believes dithiocarbamates. Dithiocarbamates wastewater streams because that listing the wastes and making the exhibit risks as a result of the parent thiocarbamates are extremely soluble in additions to appendix VIII compound, metal ion, and daughter benzene and toluene. Thus, since the simultaneously is an efficient system for products. As presented in the proposed commingling of the waste streams also developing the regulations and allows rule, dithiocarbamates exhibit acute provides a treatment step for the for public participation. Simultaneous aquatic toxicity in a narrow range for thiocarbamate wastewaters, it was hazardous waste listing and addition to those compounds with available data appropriate to include the commingled appendix VIII is a long-standing practice (LC50 of 0.049 to 2.9 mg/L). As a streams in the risk assessment and use of the Agency. In addition, the Agency chemical class dithiocarbamates exhibit this information during the listing notes that the following constituents reactive properties (i.e., react in water determination. In addition, while some which are part of the basis for these under ambient environmental pH constituents of concern may not be from hazardous waste listings were on conditions to form sufficient toxic gas, carbamate processes, these were never appendix VIII at the time this rule was fumes, or vapors to either create a toxic the sole driving force behind the listing proposed: benzene, chloroform, methyl or irritating atmosphere or to impart decision. In the specific case of ethyl ketone, methylene chloride, toxicity to the aqueous media are thiocarbamate wastes, high pyridine, carbon tetrachloride, reactive wastes subject to existing concentrations of thiocarbamate formaldehyde, and methyl chloride. hazardous waste regulation as products are present and clearly pose The Agency also believes that it has Hazardous Waste No. D003 (40 CFR the potential for damage to human demonstrated that the K156 through 261.23(a)(4))). Dithiocarbamates react health or the environment if not K161 wastes meet the listing criteria of under acidic conditions to form carbon properly managed. 40 CFR 261.11. The Agency considered disulfide, which has potent The Agency believes that it has each of the criteria outlined and reproductive effects. One commenter collected sufficient information and determined that these wastes are supplied confidential studies showing data to support listing of the six K capable of posing a substantial threat to that under pH 2 conditions over eight wastes. During the carbamate industry human health and the environment hours less than one percent of the study, the Agency collected generation when improperly treated stored, dithiocarbamate products tested and management information from all transported or disposed. The Agency decomposed. The Agency calculates 7836 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations from this data that the concentration of should be controlled through regulation factors are evaluated to decide whether carbon disulfide formed in a under RCRA. Potential future regulation to list the waste as a hazardous waste. hypothetical leaching test would be will be developed with consideration After determining that a waste should toxic even when assuming a 100 fold given to the then-existing regulatory be listed as hazardous, EPA would then dilution/attenuation factor. Record scheme as well as the need to close any list in appendix VII the constituents that sampling during the industry study has remaining regulatory gaps that are led to that listing. The Agency has also found decomposition products beyond the narrow scope of the reassessed each of the constituents such as methylisothiocyanate and n- carbamate listing determinations in this listed as a basis of listing and has nitrosodimethylamine in the wastes rulemaking. The Agency would also like limited the hazardous constituents for sampled. Methylisothiocyanate is to note that the HWIR rule is not the basis of listing to those constituents reactive and toxic, and n- designed to limit entry to the hazardous which were found to present health nitrosodimethylamine is a known waste regulatory system but is a system based or environmental risks in the carcinogen. In addition, once released where listed wastes may be able to be multipathway analysis, and to toxic into the environment dithiocarbamate easily removed from the hazardous products present at percent levels which metal salts degrade or exchange metal waste management system. are potentially hazardous to human ions, producing free metals ions. E. Constituents of Concern for Appendix health and the environment. Therefore, Finally, the ability to form other toxic VII the Agency has removed acetone, substituents was documented during a hexane, methanol, methyl isobutyl spill of metam sodium (a Some commenters believe that several ketone, and xylene from the appendix constituents were included on appendix dithiocarbamate) that had catastrophic VII basis of listing, because these VII (i.e., the appendix that identifies the environmental impacts on the substances were not significant in the constituents of concern that are the surrounding environment along a 45- risk analysis. The Agency has also basis for listing a waste) even though mile stretch of the Sacramento River corrected the basis of listing for K156 to they were measured in the wastes at and portions of Lake Shasta. As a result, include formaldehyde and the basis of concentrations below health based EPA believes that regulation of listing K161 to include antimony and levels in multipathway risk assessment. dithiocarbamate wastes as hazardous arsenic, because these constituents Commenters also believe that the format wastes is necessary because of the where significant in the risk assessment. reactivity and aquatic toxicity of this of listings is inconsistent with previous The commenters also believe that the class of chemicals. appendix VII listings. Specifically, the commenters believe that EPA has in the terms thiocarbamates, Not Otherwise D. Conflict With Other Regulatory past listed only the metal or organic Specified (N.O.S.) and Programs or Initiatives compounds directly related to the waste dithiocarbamates, N.O.S. are overly Several commenters believe that EPA and none of the solvents which may be broad, include a variety of compounds should not proceed with the listing present. The commenters believe that for which EPA has not established because these wastes are, or will be appendix VII should only include the health or environmental hazards, are not regulated under Clean Water Act hazardous constituents that are specific hazardous constituents on appendix VIII (CWA), Clean Air Act (CAA) and other carbamates, carbamoyl oximes, and are not proposed for inclusion on provisions of RCRA. Furthermore, the thiocarbamates and dithiocarbamates. appendix VIII. Therefore, the commenters believe EPA should not add Wastes may be listed as hazardous if commenter concludes that generic additional wastes to the listings until they contain toxic constituents categories are inappropriate for the issues regarding the definition of identified in appendix VIII of 40 CFR inclusion in appendix VII listings. The solid wastes resulting from the courts part 261 and the Agency concludes, Agency has deferred action on these decision invalidating the mixture and after considering eleven factors generic categories, and may further derived-from rules in Shell Oil decision enumerated in section 261.11(a)(3), that address the addition of the generic (Shell Oil v. EPA, 950 F.2d 751, D.C. the waste is capable of posing a categories to appendix VIII in a future Cir. 1991) have been resolved. substantial present or potential hazard proposal. Specifically, the commenter believes to human health or the environment F. Constituents of Concern for Appendix that the listings should be deferred until when improperly managed. VIII the rule resulting from the work of the To determine whether a waste is Definition of Solid Waste Task Force hazardous for toxicity under 40 CFR Several commenters believe that and the Hazardous Waste Identification 261.11(a)(3), EPA determines the many of the additions to appendix VIII Committee are finalized because these presence of an appendix VIII (i.e., the appendix that contains a list of may profoundly impact the regulatory constituent, regardless of concentration. hazardous constituents to be evaluated classification of wastes. Another EPA then examines all the health effects for listing determinations (see 40 CFR commenter believes residues from the data on that constituent, along with 261.11)) were inappropriate. One treatment of listed wastes should be other factors (generally related to commenter believes that the rule adds provided a de minimis exit from RCRA exposure) required to be considered constituents to appendix VIII based on Subtitle C. under 40 CFR 261.11(a)(3). presence of a constituent rather than its The Agency noted in the proposal that Concentration of the hazardous concentration. Many commenters significant regulatory gaps currently constituent is among those factors (40 believe that constituents of concern exist between RCRA regulation of air CFR 261.11(a)(3)(ii)). Other factors should be limited to constituents that emissions from hazardous waste include the plausible types of are present at concentrations that management and the CAA regulation. mismanagement scenarios to which the threaten human health and the Although future regulations are planned wastes could be subjected and the environment. A commenter believes in these areas, the coverage and scope potential of the constituent or any toxic that constituents can only be added to of future regulations is uncertain and degradation product to migrate from appendix VIII if they are toxic, does not act to mitigate existing risks. waste into the environment under the carcinogenic, mutagenic, or teratogenic The Agency has determined that risks improper management scenarios (40 to humans and other life forms and that posed by carbamate waste management CFR 261.11(a)(3)(iii) and (vii). These the Agency has added constituents with Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7837 no toxicological data or incomplete Several commenters believed the the multipathway analysis. As a result, toxicological data. Agency proposed various additions to the Agency has not finalized the Waste constituent concentrations are appendix VIII (including acetone, addition of the solvents acetone, not a factor in the addition of toxic hexane, methanol, methyl isobutyl hexane, methanol, methyl isobutyl substances to appendix VIII. The criteria ketone, and xylene) without considering ketone, and xylene. The Agency for additions to appendix VIII (40 CFR the far reaching impact on numerous believes that the additions to appendix 261.11(a)(xi)) direct the Agency to add exempt waste streams. Commenters felt VIII as amended do not have this substances ‘‘shown in scientific studies that inclusion of these solvents on impact. The Agency also believes that to have toxic, carcinogenic, mutagenic appendix VIII may affect the regulatory changes to the current regulatory or teratogenic effects on humans or status of wastes at facilities not involved structure for F003 solvents and other life forms.’’ While the Agency has in production of carbamates because characteristic waste incineration are readily acknowledged some gaps in the these solvents are so widely used beyond the narrow scope of the available toxicity studies, the Agency throughout the chemical manufacturing carbamate listing determinations. need have but one scientific study industry and believe that the Agency With regard to the expansion of state meeting the § 261.11 criteria and in has not considered the wide ranging restrictions based on blanket application some cases developed empirical impact of this action. Commenters also of appendix VIII and other changes in structural activity relationships (SAR) felt that the addition of these solvents to state requirements resulting from this where direct toxicological testing was appendix VIII based on their toxicity rule, states are free to impose more not available. Furthermore, the Agency contradicts the original classification of stringent regulations at any time. The views its SAR analysis as scientific these solvents as hazardous due solely potential for state action beyond the studies for the purpose of adding to ignitability in the F003 listing. minimum federal RCRA requirements substances to appendix VIII. Commenters believe that adding the are not controlled by the Agency. Nevertheless, the Agency has reviewed toxic label to these solvents causing G. P Listings the available toxicity data for each of the them to be considered toxic in addition additions to appendix VIII and to ignitable will expand corrective Several commenters challenged the concludes that for 12 substances the action implementation and may expand basis for including several wastes as toxicity data in the record is inadequate state restrictions based on blanket acutely hazardous wastes and presented for final action. Final action on these 12 application of appendix VIII. additional toxicity data to support their substances is being deferred to allow With regard to the solvents acetone, position. As well, some commenters notice and comment on additional hexane, methanol, methyl isobutyl believe that the proposed P and U quantitative structure activity ketone, and xylene, commenters listings were not adequately supported relationships (QSAR), developed for specifically requested clarification of by the administrative record. these chemicals. EPA plans to repropose whether or not these solvents, when After evaluation of comments these substances at a future date. The discarded as F003 spent solvents, which received, four wastes (bendiocarb, results of these new studies are were originally listed only basis of their thiophanate-methyl, thiodicarb, and presented in section IV.C. ignitability, would now be considered propoxur), proposed for addition to 40 Several commenters stated that EPA toxic and hence no longer able to be CFR 261.33(e) as acutely hazardous should not propose constituents for exempt under 40 CFR 261.3(a)(2)(iii). wastes, are instead being added to 40 addition to appendix VIII at the same This section of the CFR specifies that a CFR 261.33(f) as toxic wastes. In each time that it is listing them as the waste is not a hazardous waste if it is case, the Agency found that these four constituents of concern for a hazardous a mixture of a solid waste and wastes did not meet the § 261.11(a)(2) waste listing. EPA believes it is proper hazardous waste that is listed solely for criteria for listing in § 261.33(e). The to consider the expansion of appendix one or more of the characteristics and Agency disagrees with the commenter’s VIII and additional hazardous waste the resultant mixture no longer exhibits assertion regarding the administrative listings together. Constituents are added the any of a hazardous wastes record. The Agency criteria for to appendix VIII if they have been characteristics. Commenters believed including a waste on 40 CFR 261.33(e) shown in scientific studies to have the F003 wastes would now be both are based on toxicity benchmarks that toxic, carcinogenic, mutagenic, or toxic and ignitable should the above are clearly presented in 40 CFR teratogenic effects on human or other solvents be listed in appendix VIII. 261.11(a)(2). The applicable toxicity life forms. The Agency feels that each of The Agency believes the addition of data for the proposed wastes was the constituents being added to these solvents to appendix VIII would presented in the proposed rule (59 FR appendix VIII meets at least one of these not have directly changed the regulatory 9808). As a result, the Agency contends criteria. The Agency solicited and management of F003 wastes. One that all the information used to make received comments on the proposed commenter, however, correctly noted the listing decisions regarding P wastes additions to appendix VIII, and after that the addition of these solvents to was presented in the public record. considering these comments has appendix VIII would eliminate the Only one comment was received concluded that the additions being 264.340(b) exemption of incinerators, relative to the carbamate wastes finalized are appropriate. There is no which burn only characteristically proposed in response to the 1984 regulation or statute that prohibits the hazardous wastes, from trial burn Michigan Petition. Eight carbamate simultaneous hazardous waste listing requirements. This exemption allows waste listings were proposed in and appendix VIII addition. The Agency incinerators that burn only response to a petition by the State of believes that listing the wastes and characteristically hazardous wastes such Michigan to include 109 chemicals to making the additions to appendix VIII as ignitable wastes do not need to the lists in 40 CFR § 261.33 (49 FR simultaneously is efficient system for analyze for these constituents as 49784, December 21, 1984). This rule implementing the hazardous waste required in 40 CFR 264.31 or meet the was never finalized. The petitioner program that allows for meaningful closure requirements of 264.351. As argued that bendiocarb should be listed public participation. Simultaneous noted in the previous section, the as a P-waste based on an oral listing and addition to appendix VIII is Agency has finalized only those mammalian toxicity of 34–64 mg/kg. a long-standing practice of the Agency. substances which presented a hazard in The Agency agrees that bendiocarb’s 7838 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations toxicity is of concern. The Agency’s regulations. They felt that these listings assessment was extremely conservative, benchmark for inclusion of a waste on would include a variety of compounds while other commenters believe that the 40 CFR § 261.33(e) is the oral LD50 for for which EPA has not established risks from carbamate wastes were a rat of 50 mg/kg (see 40 CFR health or environmental hazards, are not understated. The Agency has chosen to 261.11(a)(2)). The Agency has data that hazardous constituents on Appendix address the general concerns on both of shows oral LD50 values of 64–119 mg/ VIII and are not proposed for inclusion these positions with regard to the risk kg for female rat and 72–156 mg/kg for on Appendix VIII. The commenters also assessment in this preamble. Detailed male rat. Based on these criteria the believe that EPA is obligated to evaluate responses to specific comments on the Agency is finalizing the listing of each chemical and waste stream appropriateness of model parameters, bendiocarb as U278. individually to determine whether they modeling assumptions, and exposure meet the listing criteria and thus should scenarios are provided in the Response H. U Listings not list generic wastes. to Comments Background Document The criteria for designation of Acutely The Agency believes that the that is available in the docket associated Hazardous Wastes found at 40 CFR definition of each chemical group as with this rulemaking. 261.11(a)(2). While the listing criteria amended is very clear and consistent for these acutely hazardous wastes is with chemical nomenclature, such that 1. Comments Asserting That the Risk clearly defined, commenters noted and generators of these wastes will be able Assessment Understates Risk requested a clear delineation of to determine easily whether they Several commenters felt that the toxicological criteria for listing wastes manufacture a specific carbamate. Thus, Agency’s risk assessment substantially as toxic under § 261.33(f). the Agency does not believe that the understated the risk posed by improper While acute toxicity may be expressed definitions are ambiguous. The Agency management of carbamate wastes in terms of numeric toxicological end understands that the generic categories because (1) some of the modeling points, such as oral LD50, inhalation designated as N.O.S are not identical to parameters and data inputs are highly LC50, and dermal LC50, the Agency the categories in DOT regulations. The uncertain and (2) exposures from spills does not have numeric criteria for DOT regulations refer only to carbamate and other accidental releases were not listing commercial chemical products as pesticides and thiocarbamate pesticides. considered. toxic. However, the factors the Agency The Agency does not feel that DOT The Agency believes that it’s looks to in listing these materials are regulation preclude a broader definition modeling approach addresses all of the described in 40 CFR 261.11(a)(3). The for the purposes of hazardous waste most significant exposures to wastes Agency considered these factors listing. However as previously stated, from this industry. As described in the including the toxicity of the various the Agency believes that generic N.O.S. background document to this rule (F– chemicals, in analyzing the potential to categories as proposed may be overly CPLP–S0003) the risk assessment harm human and the environment. broad and will defer finalizing the procedure for selecting modeling Based on this analysis, the Agency generic listing descriptions until parameters and assumptions is designed believes these discarded commercial alternative listing descriptions have to ensure that the high end of the chemical products meet the criteria been proposed and commented on. distribution of the exposed population expressed in § 261.11(a)(3) for listing a is protected. material as a hazardous waste. For I. Toxicity Information With respect to spills and other further explanation, interested parties Several commenters believe that EPA accidental releases, the Agency did should refer to the background did not have adequate toxicity include spills and overflows from documents in the docket for this information to perform its risk surface impoundments based on rulemaking. (See ADDRESSES section.) assessment and believe that EPA’s use probabilities of these occurrences. For In the case of carbamate, carbamoyl of surrogates in determining toxicity of wastes managed in tanks and surface oxime, thiocarbamate, and compounds is inappropriate. The impoundments, the Agency did not dithiocarbamate chemicals, each class of commenter also believes EPA had evaluate the potential impacts of a compounds exhibits significant aquatic insufficient risk data to promulgate the single catastrophic release to nearby soil toxicity. Largely, the Agency’s decision U listings. As well, commenters and surface waters. The Agency believes to list additional carbamate products discovered differences between that the probability of these types of was driven by available aquatic toxicity published toxicity information and that potential exposure events occurring are studies indicating LC50 values less than presented by the Agency in the extremely low and are less 50 mg/L. Because of the solubility, proposed notice. determinative in the listing persistence, mobility, and toxicity of The Agency has reevaluated the determination than the more likely these classes of chemicals, the Agency toxicity data for each waste proposed for exposure scenarios evaluated. concludes that they present a significant addition to 40 CFR § 261.33(f). As noted One commenter stated that EPA risk to the environment if mismanaged. by commenters, several compounds had should not rely as much on information Several commenters believe that the limited toxicological data. After review which is specific to the industry (such generic listings for carbamates, of the available toxicological data, 12 as waste disposal practices and location carbamoyl oximes, thiocarbamates, and compounds are not considered to have of facilities) in its risk assessment. dithiocarbamates are vague, overly adequate toxicological or predicted Instead, according to this commenter, broad, and ambiguous. They believe the values in the record to finalize these 12 the Agency should conduct a more generic listings capture substances that listings at this time. See section IV.C. generic risk assessment which would are not hazardous and cause The Agency is deferring final action on consider a wider range of potential unnecessary burdens on manufacturers, the 12 compounds, and may repose disposal practices and site parameters. distributors, and end users. The these substances at a later date. The Agency used a combination of commenters also believe that the generic generic risk assessment scenarios and categories are inconsistent with current J. Risk Assessment information specific to this industry in Department of Transportation (DOT) The Agency received numerous characterizing risks for this listing hazardous materials listings and should comments on the risk assessment. Some determination. The Agency believes that be modified to be consistent with these commenters believe that the risk the use of industry specific information Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7839 is appropriate if that information is Another comment was that the facilities because of the time and available and reliable. In this case, the Agency misapplied the listing criteria resources which would be required to carbamate manufacturing industry is by using inappropriate mismanagement collect and analyze all of the data which relatively well defined and stable, and scenarios to evaluate the hazards posed would be needed for each facility. therefore the industry specific inputs by the carbamate wastes. The Agency believes that the use of a are appropriate to use. The use of this The Agency believes it has correctly generic risk assessment methodology information allows the Agency to more selected plausible mismanagement combined with industry-specific accurately characterize risks, since it scenarios to evaluate the hazards posed information for parameter values is the better describes actual existing and by the carbamate waste. Although not best approach for determining whether potential conditions. all wastes generated by the carbamate or not a waste stream should be listed One commenter stated that the manufacturing industry are handled in as hazardous. Site-specific assessments Agency did not adequately address the the same way, by looking across the may mean that the Agency would list a potential for impacts on endangered industry at all plausible management waste stream as hazardous for one species and other terrestrial wildlife. practices, the Agency selected both manufacturer while not hazardous for The Agency did conduct a screening typical case and plausible another. Such wastes may not be subject assessment of potential impacts on mismanagement scenarios to represent to hazardous waste control. The Agency terrestrial wildlife and concluded that possibilities for the management of is generally unable to predict and does risks were not likely to be significant. carbamate wastes. It is possible that not control how a waste will be This assessment is presented in the risk specific manufacturing facilities within managed and thus the waste may or may assessment background document (F– the industry managed their wastes quite not be disposed at the point of CPLP–S0003). The Agency does differently than the plausible generation and as such the exposure recognize that risk assessment mismanagement scenarios. However, in assumption may be very different than methodologies for terrestrial wildlife are selecting the mismanagement scenarios, those at the specific site. Therefore, EPA still very much under development and the Agency looked across the industry currently believes that it is that it cannot definitively conclude that and identified practices which would inappropriate to consider extensive site- risks will not exist. present the highest risk and considered specific factors when making listing those as the mismanagement scenarios. decisions. The Agency’s delisting One commenter believes that EPA All mismanagement scenarios used in program was developed to provide should not rely on central tendency or this analysis are currently in use in the industry the opportunity to show that, average estimates of risk (as opposed to industry by at least one facility although on a waste-specific basis, its waste do high end or conservative estimates) in not all. not pose a hazard to human health or its listing determination. This Another comment was that the the environment. The Agency believes commenter states that this reliance Agency used exaggerated or implausible that delisting is an adequate mechanism violates both RCRA and Executive Order exposure assumptions causing an overly for those who feel that wastes do not 12898 (Federal Actions to Address conservative risk estimate which does meet the hazardous waste criteria and Environmental Justice in Minority not represent reality at any facility. The exclude them from the hazardous waste Populations and Low Income commenters suggest that the Agency management system. Populations). should consider site specific risk Another comment is that the The Agency relies primarily on high assessments to support any regulatory proposed rule is based on end risk estimates in its listing action in this area. misclassification/characterization of determinations. The central tendency The Agency disagrees that the risk waste streams because the use of generic estimates are used primarily to project assessment is based on inappropriate composites resulted in overestimation of overall population risks in some cases assumptions and that exposure risk. The commenter also believes that and to provide an indication of the scenarios are highly exaggerated. the assessment was based on limited variability in risk estimates. Specific parameter criticism are data sometimes using a maximum 2. Comments Asserting That the Risk addressed in the comment response constituent concentration value to Assessment Overstates Risk document available in the docket for represent both average and worst case this rule. (See Addresses.) In general, in scenarios, and that measured values for Several commenters believe that the identifying the location of receptors, the concentrations of constituents in waste Agency’s risk assessment overstated the Agency collected land use data and well streams at specific sites do not match risks presented by the carbamate waste water use data around 8 carbamate numbers used in generic risk streams. One commenter believes that manufacturing facilities believed to assessment. EPA’s use of a multi-pathway risk represent the range of different types The Agency disagrees with the assessment methodology is premature. and locations of facilities present in the commenter with regards to the The Agency believes that a United States. These data were then characterization of waste streams. The multipathway approach is well used to develop central tendency and Agency did not use a maximum established and is appropriate for this high end estimates for where constituent concentration value to rulemaking. The Agency has been using individuals may be exposed to releases represent both average and worse case multipathway analyses for a number of of constituents from the waste stream scenarios in its risk assessment. For years in a number of its programs managed. As pointed out in the risk some constituents, only one measured including the Superfund program, the assessment background document, even value existed and this measured value sewage sludge regulations, pesticide risk the high end risk calculations use was used in the risk assessment. The assessments, risk assessments for average values for most parameters. labeling of tables in the risk assessment hazardous waste combustion facilities, While the risk assessment results may background document (F-CPLP-S0003) and previous listing determinations. As not specifically apply to any particular shows that this one value was entered a result the Agency believes that the use facility, the Agency believes they are in both columns for average and high of a multipathway approach is not representative of potential high end end values. The concentrations in the premature and is appropriate for this risks. The Agency is unable to conduct waste stream as measured by the rulemaking. full site specific risk assessments for all Agency or reported by the facility were 7840 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations used in characterizing the waste. When put in place at the same time that the felt that the rules would cause there were several measured values for final rule is promulgated. Commenters competing non-carbamate chemicals to a constituent, the Agency averaged believe that the 1 lb RQ would cause have a competitive advantage that those values to get a central tendency unnecessary and expensive reporting would cause economic hardship to value for characterizing the waste. It requirements and that the Agency small carbamate manufacturers. Other should be noted that the Agency did not should suspend the effective date of this commenters believe that the EIA was characterize the waste streams on a site rule until RQs are adjusted. One flawed because the Agency should have specific basis but developed generic commenter believed that the Agency prepared an RIA. characterizations for each waste stream should not place carbamate compounds In conducting its EIA, EPA examined based on data from several facilities. on the U-list as a mechanism to achieve all data submitted to it under its RCRA The Agency developed generic waste CERCLA listing and to trigger actions by section 3007 survey of the carbamate stream characterizations based on data emergency responders under CERCLA. production industry. EPA used this from one or several facilities. These The Agency plans to propose adjusted information to create a baseline generic waste stream characterizations RQs of the substances added to the scenario, or description of the current may not match on a one to one basis the CERCLA hazardous substances list. state of waste management in the constituents in any specific carbamate Section 102(b) of CERCLA requires that industry. More important, EPA manufacturing facility’s stream. a 1 lb RQ be set for these newly maintains that the 24 facilities analyzed However, the Agency believes that these identified hazardous substances. Until for the EIA represents the entire generic characterizations provide a an adjustment is promulgated, the universe of carbamate production meaningful way of representing waste statutory 1 lb RQ for newly identified facilities, and thus EPA is confident that streams across an industry in which the hazardous wastes will remain in effect. its analysis is comprehensive. EPA then waste will have high variability due to The Agency disagrees with the developed a post-regulatory scenario in changes in manufacturing processes and commenters assertion that the addition which waste generators would comply products. The Agency believes that it of carbamates to the U-list was designed with the RCRA regulations newly will be infeasible to collect data on to achieve CERCLA listing and trigger imposed as a result of this rule. In every waste stream generated by every actions by emergency responders under creating this post-regulatory scenario, carbamate manufacturing facility. Thus, CERCLA. The addition of substances to EPA forecast the plausible, long-term the generic waste stream the U-list was governed solely by the management of the waste, and EPA characterizations were used to capture concentration and toxicity of these calculated the waste management costs the range of constituents that could exist materials and the criteria for listing at associated with this post-regulatory in carbamate manufacturing wastes. The 40 CFR 261.11. Section 101(14) of scenario. EPA maintains that it has Agency also notes that the commenter CERCLA establishes that all newly correctly estimated the true, long-term did not provide any additional waste identified RCRA hazardous wastes are costs associated with the management of characterization data. also CERCLA hazardous substances. The carbamate production wastes resulting Another commenter believes that EPA Agency does, however view it as from the listing of new RCRA hazardous fails to acknowledge the uncertainties beneficial for emergency first wastes even though compliance costs associated with its risk conclusions. The responders to quickly identify the for any individual entity may be higher Agency believes that it has adequately potential hazards of carbamate, or lower than our estimate. The Agency characterized the uncertainty in the risk carbamoyl oxime, thiocarbamate, and does not consider the rule to have analysis. The Agency attempted to dithiocarbamate products and feels that significant impacts and thus it does not characterize uncertainties in its risk quick identification of hazards may require a full regulatory impact analysis. assessment by providing both central speed corrective measures to limit EPA points out that the EIA was tendency and a range of high end risk environmental damage or risks to designed to assess the primary cost estimates for each pathway and human health. impacts associated with changes in exposure route for each waste group. management practices resulting from L. Regulatory Impact Analysis The parameter uncertainties are the RCRA hazardous listing of presented as a range of values used for There were many commenters who carbamate production waste. EPA all input parameters. felt that the Economic Impact Analysis believes that the addition of compounds One commenter believes that EPA did (EIA) conducted was inadequate or to 40 CFR part 261 Appendix VIII will not provide sufficient record flawed. In particular, commenters felt not materially affect the management of information to allow meaningful that the addition of the Appendix VIII such wastes. All carbamate production comment on the risk assessment constituents would have a much greater facilities are currently permitted under assumptions. The Agency disagrees cost impact than shown in the EIA. RCRA. In addition, RCRA grants the with the commenter’s assertion that Other commenters felt that the scope of Agency broad authority to respond to adequate documentation on the risk the EIA underestimated the number of any imminent and substantial assessment was not available. All affected facilities in that it did not take endangerment to human health and the information on conducting the risk into account suppliers, distributors and environment posed by the past or assessment and its assumptions are customers using the P, U and Appendix present management of any solid waste either included in the background VIII materials. In addition, commenters (RCRA § 7003). In addition, because no document itself or in the reference cited, felt that it did not account for costs other action has been taken by the all of which are included in the docket. associated with soil and debris Agency there will be no effect on the remediation, indirect state and federal ‘‘mixture and derived from’’ exemption. K. CERCLA RQs regulatory impacts and reporting EPA acknowledges that there may be Several commenters believe that the requirements under CERCLA and indirect effects as a result of this Agency should have proposed adjusted EPCRA, and costs incurred due to the rulemaking. The EIA accounted for the RQs for the substances added to the mixture and derived-from rules. costs of trial burns, monitoring CERCLA hazardous substances list Commenters also believed that the EIA equipment, personnel for monitoring, instead of applying the statutory 1 lb assumed that wastes currently recycled and other compliance related costs in RQ, and that adjusted RQs should be would continue to be recycled. Others incineration costs. In support of the Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7841 final rule, EPA identified some potential The Agency does not foresee any 12898 Federal Action to Address incremental costs for closure of adverse impact of K, P or U listings on Environmental Justice in Minority abandoned surface impoundments. EPA container recycling programs. The scope Populations and Low-income also included the costs of handling and of the K listings is limited to wastes Populations, section 3–301(b), which disposal of P and U wastes in the from the production of the carbamate provides that federal agencies should revised EIA and is confident that its chemicals and does not include product consider, whenever practicable and analysis is comprehensive. EPA container wash waters. Product appropriate, multiple and cumulative believes, however, that designation of container wash waters are subject to the exposures. these carbamates as P and U wastes will P or U waste listings if discarded or EPA believes it has complied with all not result in significant costs for mixed with other listed wastes. provisions of E.O. 12898 suppliers and customers because of the However, when returned to either a (Environmental Justice). The Agency infrequent nature of waste generation. formulation process or the chemical calculated risks for each exposure As for the commenter’s concern about production process these wash waters pathway of significance and considered POTW operators no longer accepting would not be solid wastes, because the the potential cumulative risks of such waste, EPA notes that currently material is used in an industrial process multiple exposures to the same toxic RCRA listed wastewater is routinely to make a product (§ 261.2(e)(i)), or is contaminants via multiple pathways. accepted for treatment by POTW being returned to the original process The Agency acknowledges that there operators and other CWA systems. EPA without first being reclaimed may be other exposures resulting from does not expect any significant (§ 261.2(e)(iii)). such pathways as facility air emissions problems in this area for generators of The EPA does not believe regulation or consumer product use, and has carbamate production wastes. of P and U wastes will adversely impact attempted to quantify only those risks EPA also believes that the long-term the recycling. Several carbamates are associated with solid waste economic impacts of changes to markets largely formulated in aerosol containers management. which may be recycled for their scrap and product distribution will be O. Paperwork Reduction Act metal value. As recyclable scrap metal, minimal. EPA also rejects the assertion One commenter believes that the that farmers and other small business empty aerosol containers are exempted from RCRA regulation (§ 261.6(a)(3)(iii)). Paperwork Reduction Act (PRA) owners will file unnecessary reports as However, aerosol containers that are not requirements have not been met with a result of this listing. The Agency empty in accordance with § 261.7 and respect to the proposed rule in that it believes that the agricultural sector is as have contained P or U listed substances believes the reporting requirements sophisticated about complying with would be subject to hazardous waste under CERCLA for releases constitutes environmental requirements as any regulation when discarded. information collection and this the rule other sector. The EPA also does not foresee should be submitted to OMB for review. EPA also believes that carbamate significant adverse impacts to return for The proposed rule stated in error that wastes presently being recycled should refill programs. Containers that have this rule has no PRA requirements. be able to continue to be recycled under held P or U regulated substances are However, this rule does not contain any RCRA exemption following the listing hazardous waste when discarded if the new information collection and that any administrative cost impacts container is not empty in accordance requirements subject to OMB review associated with the listing would be with the provisions of § 261.7. EPA under the Paperwork Reduction Act of small compared to other waste views hazardous waste disposal 1980, 44 U.S.C. 3501 et seq. Facilities management costs. requirements to encourage the return of will have to comply with the existing EPA also points out that the scope of the container by the public to such refill Subtitle C recordkeeping and reporting its EIA is limited to the effects of the programs. Should containers, other than requirements for the newly listed Federal RCRA program. In its those which are empty, be disposed full wastestreams. rulemakings, EPA is not able to account compliance with all RCRA requirements Release reporting required as a result for actions taken by the states, tribes, would be triggered. of listing wastes as hazardous municipalities, or other governmental substances under CERCLA and entities. States are free to impose more N. Executive Orders adjusting the reportable quantities (RQs) stringent regulations at any time. In its Several commenters believed that the has been approved under the provisions rulemakings, EPA is not able to account Agency did not comply with Executive of the Paperwork Reduction Act, 44 for the variances between the federal Order 12866 Regulatory Planning and U.S.C. 3501 et seq., and has been and state programs. Review (58 FR 51735, October 4, 1993). assigned OMB control number 2050– EPA believes it has complied with all M. Impact on Recycling and Reuse 0046 (ICR 1049, Notification of Episodic provisions of E.O. 12866. Pursuant to Release of Oil and Hazardous Several commenters believe that the K the terms of Executive Order 12866, it Substances). listings and P and U listings will have has been determined that this rule is a a negative impact on established reuse ‘‘significant regulatory action’’ because P. Compliance Schedule and recycling program. Commenters of policy issues arising out of legal Several commenters believed that were also concerned that the rule will mandates. As such, this action was EPA has not provided the regulated have an adverse impact on product submitted to OMB for review. Changes community with adequate time to stewardship programs, especially return made in response to OMB suggestions or comply with the rulemaking and should for refill programs for containers. The recommendations are documented in allow additional time for compliance commenters believe that the final the public record. See F–94–CPLP– which may require capital projects. This listings should exclude all wastewater 0006. final rule allows for six months for generated as part of recycling operations One commenter believes EPA failed to compliance with this rule consistent and all residue returned as part of measure additional sources of and is consistent with RCRA § 3010(b). recycling program and all wastewaters contaminants with potential risk factors, A period of six months from the generated in cleaning recycled and that these omissions are publication date of the listing is containers. inconsistent with Executive Order generally adequate time for the industry 7842 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations to make arrangements for new waste pursuant to HSWA and take effect in all program, states are not required to management practices. The Agency States, regardless of their authorization modify their programs. See 40 CFR realizes that some remedial activities status. States may apply for either 271.1(i). This rule is neither less such as the retrofit of surface interim or final authorization for the stringent than or a reduction in the impoundments may require a HSWA provisions in 40 CFR 271.1(j) scope of the current Federal program significantly longer compliance period. Table 1, as discussed in the following and, therefore, states would be required However, RCRA § 3004(j)(6)(A) allows a section. to modify their programs to retain 4-year compliance period for surface authorization to implement and enforce 2. Effect on State Authorizations impoundments to meet the Minimum these regulations. Technology Requirement (MTR). The Because this rule (with the exception B. Effective Date Agency views these as adequate periods of the actions under CERCLA authority) for compliance to be implemented. is promulgated pursuant to the HSWA, The effective date of today’s rule is a state submitting a program August 9, 1995. As discussed above, VI. Compliance and Implementation modification is able to apply to receive since today’s rule is issued pursuant to A. State Authority either interim or final authorization HSWA authority, EPA will regulate the under section 3006(g)(2) or substantially management of the newly identified 1. Applicability of Rule in Authorized equivalent or equivalent to EPA’s hazardous wastes until states are States requirements. The procedures and authorized to regulate these wastes. Under section 3006 of RCRA, EPA schedule for State program Thus, EPA will apply Federal may authorize qualified states to modifications under 3006(b) are regulations to these wastes and to their administer and enforce the RCRA described in 40 CFR 271.21. It should be management in both authorized and program within the state. (See 40 CFR noted that all HSWA interim unauthorized states. part 271 for the standards and authorizations are currently scheduled C. Section 3010 Notification requirements for authorization.) to expire on January 1, 2003 (see 57 FR Following authorization, EPA retains 60129, February 18, 1992). Pursuant to RCRA section 3010, the enforcement authority under sections Section 271.21(e)(2) of EPA’s state Administrator may require all persons 3007, 3008, 3013,and 7003 of RCRA, authorization regulations (40 CFR part who handle hazardous wastes to notify although authorized states have primary 271) requires that states with final EPA of their hazardous waste enforcement responsibility. authorization modify their programs to management activities within 90 days Before the Hazardous and Solid Waste reflect federal program changes and after the wastes are identified or listed Amendments of 1984 (HSWA) amended submit the modifications to EPA for as hazardous. This requirement may be RCRA, a state with final authorization approval. The deadline by which the applied even to those generators, administered its hazardous waste states must modify their programs to transporters, and treatment, storage, and program entirely in lieu of the Federal adopt this regulation is determined by disposal facilities (TSDFs) that have program in that state. The Federal the date of promulgation of a final rule previously notified EPA with respect to requirements no longer applied in the in accordance with § 271.21(e)(2). Table the management of other hazardous authorized state, and EPA could not 1 at 40 CFR 271.1 is amended wastes. The Agency has decided to issue permits for any facilities located in accordingly. Once EPA approves the waive this notification requirement for the state with permitting authorization. modification, the State requirements persons who handle wastes that are When new, more stringent Federal become RCRA Subtitle C requirements. covered by today’s listings and have requirements were promulgated or States with authorized RCRA already (1) notified EPA that they enacted, the state was obligated to enact programs already may have regulations manage other hazardous wastes; and (2) equivalent authority within specified similar to those in this rule. These State received an EPA identification number. time-frames. New Federal requirements regulations have not been assessed The Agency has waived the notification did not take effect in an authorized state against the Federal regulations being requirement in this case because it until the state adopted the requirements finalized to determine whether they believes that most, if not all, persons as state law. meet the tests for authorization. Thus, a who manage these wastes have already By contrast, under section 3006(g) of state would not be authorized to notified EPA and received an EPA RCRA, 42 U.S.C. 6926(g), new implement these regulations as RCRA identification number. However, any requirements and prohibitions imposed requirements until state program person who generates, transports, treats, by the HSWA (including the hazardous modifications are submitted to EPA and stores, or disposes of these wastes and waste listings finalized in this notice) approved, pursuant to 40 CFR 271.21. has not previously received an EPA take effect in authorized states at the Of course, states with existing identification number must obtain an same time that they take effect in non- regulations that are more stringent than identification number pursuant to 40 authorized states. EPA is directed to or broader in scope than current Federal CFR 262.12 to generate, transport, treat, implement those requirements and regulations may continue to administer store, or dispose of these hazardous prohibitions in authorized states, and enforce their regulations as a matter wastes by May 10, 1995. including the issuance of permits, until of State law. the state is granted authorization to do It should be noted that authorized D. Generators and Transporters so. While states must still adopt HSWA- states are required to modify their Persons that generate newly identified related provisions as State law to retain programs only when EPA promulgates hazardous wastes may be required to final authorization. HSWA applies in Federal standards that are more obtain an EPA identification number, if authorized States in the interim. stringent or broader in scope than they do not already have one (as Today’s rule is promulgated pursuant to existing Federal standards. Section 3009 discussed in section VI.C, above). In section 3001 of RCRA (42 U.S.C. 6921). of RCRA allows states to impose order to be able to generate or transport Therefore this rule has been added to standards more stringent than those in these wastes after the effective date of Table 1 in 40 CFR 271.1(j), which the Federal program. For those Federal this rule, generators of the wastes listed identifies the Federal program program changes that are less stringent today will be subject to the generator requirements that are promulgated or reduce the scope of the Federal requirements set forth in 40 CFR 262. Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7843

These requirements include standards interim status will terminate on August meeting between the owner and the for hazardous waste determination (40 9, 1995. public within the 60-day period. The CFR 262.11), compliance with the Class 2 process includes a ‘‘default 2. Existing Interim Status Facilities manifest (40 CFR 262.20 to 262.23), provision,’’ which provides that if the pretransport procedures (40 CFR 262.30 Pursuant to 40 CFR 270.72(a)(1), all Agency does not reach a decision within to 262.34), generator accumulation (40 existing hazardous waste management 120 days, the modification is CFR 262.34), recordkeeping and facilities (as defined in 40 CFR 270.2) automatically authorized for 180 days. If reporting (40 CFR 262.40 to 262.44), and that treat, store, or dispose of the newly the Agency does not reach a decision by import/export procedures (40 CFR identified hazardous wastes and are the end of that period, the modification 262.50 to 262.60). It should be noted currently operating pursuant to interim is permanently authorized. See 40 CFR that the generator accumulation status under section 3005(e) of RCRA 270.42(b). provisions of 40 CFR 262.34 allow must file an amended Part A permit A Class 3 modification is required if generators to accumulate hazardous application with EPA no later than management of the newly listed wastes wastes without obtaining interim status August 9, 1995. By doing this, the requires additional or different or a permit only in units that are facility may continue managing the management practices than those container storage units or tank systems; newly listed wastes. If the facility fails authorized in the permit or if newly the regulations also place a limit on the to file an amended Part A application by regulated land-based units are involve. maximum amount of time that wastes August 9, 1995, the facility will not The initial public notification and can be accumulated in these units. If receive interim status for management public meeting requirements are the these wastes are managed in surface of the newly listed wastes, and may not same as for Class 2 modifications. impoundments or other units that are manage newly identified hazardous However, after the end of the 60-day not tank systems or containers, these wastes until the facility receives either public comment period, the Agency will units are subject to the permitting a permit or a change in interim status develop a draft permit modification, requirements of 40 CFR 264 and 265, allowing such activity (40 CFR open a public comment period of 45 and the generator is required to obtain 270.10(g)). days, and hold a public hearing if interim status and seek a permit (or 3. Permitted Facilities requested. There is no default provision for Class 3 modifications. See 40 CFR modify interim status or a permit, as Under regulations promulgated by appropriate). Also, persons who 270.42(c). EPA on September 28, 1988, (see 53 FR Under 40 CFR 270.42(g)(1)(v), for transport newly identified hazardous 37912), a hazardous waste management wastes will be required to obtain an EPA newly regulated land disposal units, facility that has received a permit permitted facilities must certify that the identification number as described pursuant to section 3005 of RCRA and above and will be subject to the facility is in compliance with all is ‘‘in existence’’ as a hazardous waste applicable 40 CFR Part 265 ground- transporter requirements set forth in 40 facility on the date for the newly listed CFR part 263. water monitoring and financial wastes are first subject to regulation, responsibility requirements no later E. Facilities Subject to Permitting may be eligible to continue managing than August 9, 1995. If the facility fails the new wastes under 40 CFR 270.42(g) to submit these certifications, authority 1. Facilities Newly Subject to RCRA while steps necessary to obtain a permit Permit Requirements to manage the newly listed wastes under modification to allow the facility to 40 CFR 270.42(g) will terminate on that Facilities that treat, store, or dispose manage the wastes are taken. To date. of wastes that are subject to RCRA continue to manage the newly listed regulation for the first time by this rule hazardous wastes, eligible facilities 4. Units (that is, facilities that have not must be in compliance with 40 CFR Part Units in which newly identified previously received a permit pursuant 265 requirements with respect to hazardous wastes are generated or to section 3005 of RCRA and are not management of the newly listed wastes managed will be subject to all currently operating pursuant to interim and submit a Class 1 modification applicable requirements of 40 CFR 264 status, might be eligible for interim request no later than August 9, 1995. for permitted facilities or 40 CFR 265 for status (see section 3005(e)(1)(A)(ii) of This modification is essentially a interim status facilities, unless the unit RCRA, as amended). In order to obtain notification to the Agency that the is excluded from such permitting by interim status based on treatment, facility is handling the waste. As part of other provisions such as the wastewater storage or disposal of such newly the procedure, the permittee must also treatment tank exclusions (40 CFR identified wastes, eligible facilities are notify the public within 90 days of 264.1(g)(6) and 265.1(c)(10)), and the required to provide notice under section submittal to the Agency. See 40 CFR product storage tank exclusion (40 CFR 3010 and to submit a Part A permit 270.42(a). 261.4(c)). Examples of units to which application no later than August 9, The permittee must then submit a these exclusions could never apply 1995. Such facilities are subject to Class 2 or 3 permit modification to the include landfills, land treatment units, regulation under 40 CFR Part 265 until Agency by 180 days after the effective waste piles, incinerators, and any other a permit is issued. date of the listing. A Class 2 miscellaneous units in which these In addition, under section 3005(e)(3), modification is required if the newly wastes may be generated or managed. not later than August 9, 1995, land listed wastes will be managed in disposal facilities newly qualifying for existing permitted units or in newly 5. Closure interim status under section regulated tank or container units and All units in which newly identified 3005(e)(1)(A)(ii) also must submit a Part will not require additional or different hazardous wastes are treated, stored, or B permit application and certify that the management practices than those disposed after the effective date of this facility is in compliance with all authorized in the permit. A Class 2 regulation that are not excluded from applicable groundwater monitoring and modification requires the facility owner the requirements of 40 CFR 264 and 265 financial responsibility requirements. If to provide public notice of the are subject to both the general closure the facility fails to submit these modification request, a 60 day public and post-closure requirements of certifications and a permit application, comment period, and an informal subpart G of 40 CFR 264 and 265, and 7844 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations the unit-specific closure requirements pursuant to CERCLA § 103. In this rule, the reporting requirements described set forth in the applicable unit technical the Agency is listing the wastes in this above, unless and until the Agency standards subpart of 40 CFR 264 or 265 action as CERCLA hazardous substances adjusts the RQs for these substances in (e.g., subpart N for landfill units). in Table 302.4 of 40 CFR 302.4. The RQ a future rulemaking. Additionally, EPA recently promulgated for each substance will be one pound as The Agency is currently working on a a final rule that allows, under limited provided by statute for all newly proposed rule to adjust the RQ values circumstances, regulated landfills, designated hazardous substances until for the constituents in this rule. This surface impoundments, or land adjustment is made by regulation. rulemaking is on an expedited schedule treatment units to cease managing Reporting Requirements in order to minimize the time between hazardous waste but to delay Subtitle C the effective date of this listing and the closure to allow the unit to continue to Under section 102(b) of CERCLA, all publication of the adjusted RQs. The manage non-hazardous waste for a hazardous substances newly designated Agency anticipates that the adjusted period of time prior to closure of the under CERCLA will have a statutory RQ unit (see 54 FR 33376, August 14, 1989). of one pound unless and until adjusted RQs for many of the hazardous Units for which closure is delayed by EPA regulation. Under CERCLA constituents in this rule will be higher continue to be subject to all applicable section 103(a), the person in charge of than the statutory one-pound RQ. Once 40 CFR 264 and 265 requirements. Dates a vessel or facility from which a the RQ adjustment rule is proposed the and procedures for submittal of hazardous substance has been released Agency will take the proposed adjusted necessary demonstrations, permit in a quantity that equals or exceeds its RQs into consideration when applications, and revised applications RQ must immediately notify the NRC of contemplating an enforcement action. It are detailed in 40 CFR 264.113 (c) the release as soon as that person has is important to note that while the through (e) and 265.113 (c) through (e). knowledge thereof. The toll free number Agency does not generally focus its of the NRC is 1–800–424–8802; in the enforcement resources on cases that VI. CERCLA Designation and Washington, DC metropolitan area, the involve statutory RQs where adjusted Reportable Quantities number is (202) 426–2675. In addition RQs are being promulgated, the Agency All hazardous wastes listed under to this reporting requirement under may pursue an enforcement action RCRA and codified in 40 CFR 261.31 CERCLA, section 304 of the Emergency based on the specific facts of a situation through 261.33, as well as any solid Planning and Community Right-to- in a case where an RQ for a hazardous waste that exhibits one or more of the Know Act of 1986 (EPCRA) requires constituent has been exceeded. In characteristics of a RCRA hazardous owners or operators of certain facilities deciding upon an enforcement action waste (as defined in Sections 261.21 to report the release of a CERCLA under CERCLA for failure to report a through 261.24), are hazardous hazardous substance to State and local release that equals or exceeds an RQ, the substances under the Comprehensive authorities. EPCRA section 304 Agency generally considers the Environmental Response, notification must be given immediately following factors: The quantity and Compensation, and Liability Act of 1980 after the release of a RQ or more to the relative toxicity of the released (CERCLA), as amended. See CERCLA community emergency coordinator of substance, the actual or threatened Section 101(14)(C). CERCLA hazardous the local emergency planning committee human health hazard or environmental substances are listed in Table 302.4 at for each area likely to be affected by the damage, the egregious nature of the 40 CFR 302.4 along with their reportable release, and to the State emergency responsible party, the impact of the type quantities (RQs). RQs are the minimum response commission of any State likely of violation upon the regulatory quantity of a hazardous substance that, to be affected by the release. program, the expected deterrent effort of if released, must be reported to the Releases equal to or greater than the prosecution, and the status of the National Response Center (NRC) one-pound statutory RQ are subject to proposed RQ adjustment rulemaking.

TABLE 3.ÐONE-POUND STATUTORY RQS FOR K, P, AND U WASTES

Statutory Waste code Constituent of concern RQ (pounds)

K156 ...... benomyl, carbaryl, carbendazim, carbofuran, carbosulfan, formaldehyde, methylene chloride, triethylamine ...... 1 K157 ...... carbon tetrachloride, chloroform, formaldehyde, methyl ethyl ketone, methyl chloride, methylene chloride, pyri- 1 dine, triethylamine. K158 ...... benomyl, carbendazim, carbofuran, carbosulfan, methylene chloride ...... 1 K159 ...... benzene, butylate, eptc, molinate, pebulate, vernolate ...... 1 K160 ...... benzene, butylate, eptc, molinate, pebulate, vernolate ...... 1 K161 ...... arsenic, antimony, cadmium, metam-sodium, ziram ...... 1 P185 ...... 1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-[(methylamino)carbonyl]oxime (Tirpate) ...... 1 U278 ...... 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate (Bendiocarb) ...... 1 P188 ...... Benzoic acid, 2-hydroxy-, compd. with (3as-cis)-1,2,3,3a,8,8a-hexahydro-l,3a,8-trimethylpyrrolo[2,3-b]indol-5-yl 1 methylcarbamate ester (1:1) (Physostigmine salicylate). P189 ...... Carbamic acid, [(dibutylamino)thio]methyl-, 2,3-dihydro-2,2-dimethyl-7-benzofuranyl ester (Carbosulfan) ...... 1 P190 ...... Carbamic acid, methyl-, 3-methylphenyl ester (Metolcarb) ...... 1 P191 ...... Carbamic acid, dimethyl-,1-[(dimethylamino)carbonyl]-5-methyl-1H-pyrazol-3-yl ester (Dimetilan) ...... 1 P192 ...... Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl ester (Isolan) ...... 1 U409 ...... Carbamic acid, [1,2-phenylenebis(iminocarbonothioyl)]bis-, dimethyl ester (Thiophanate-methyl) ...... 1 P194 ...... Ethanimidothioc acid, 2-(dimethylamino)-N-[[(methylamino)carbonyl]oxy]-2-oxo-, methyl ester (Oxamyl) ...... 1 U410 ...... Ethanimidothioic acid, N,N'-[thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester (Thiodicarb) ...... 1 P196 ...... Manganese, bis(dimethylcarbamodithioato-S,S')- (Manganese dimethyldithiocarbamate) ...... 1 P197 ...... Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]- (Formparanate) ...... 1 P198 ...... Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)carbonyl]oxy]phenyl]-, monohydrochloride (Formetanate hy- 1 drochloride). Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7845

TABLE 3.ÐONE-POUND STATUTORY RQS FOR K, P, AND U WASTESÐContinued

Statutory Waste code Constituent of concern RQ (pounds)

P201 ...... Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate (Promecarb) ...... 1 P202 ...... Phenol, 3-(1-methylethyl)-, methyl carbamate (m-Cumenyl methylcarbamate) ...... 1 P203 ...... Propanal, 2-methyl-2-(methylsulfonyl)-, O-[(methylamino)carbonyl] oxime (Aldicarb sulfone) ...... 1 P204 ...... Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethyl-, methylcarbamate (ester), (3aS-cis)- (Physo- 1 stigmine). P205 ...... Zinc, bis(dimethylcarbamodithioato-S,S′)-, (T-4)- (Ziram) ...... 1 U364 ...... 1,3-Benzodioxol-4-ol, 2,2-dimethyl- (Bendiocarb phenol) ...... 1 U365 ...... 1H-Azepine-1-carbothioic acid, hexahydro-, S-ethyl ester (Molinate) ...... 1 U366 ...... 2H-1,3,5-Thiadiazine-2-thione, tetrahydro-3,5-dimethyl- (Dazomet) ...... 1 U367 ...... 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl- (Carbofuran phenol) ...... 1 U280 ...... Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester (Barban) ...... 1 U372 ...... Carbamic acid, 1H-benzimidazol-2-yl, methyl ester (Carbendazim) ...... 1 U373 ...... Carbamic acid, phenyl-, 1-methylethyl ester (Propham) ...... 1 U271 ...... Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol-2-yl]-, methyl ester (Benomyl) ...... 1 U375 ...... Carbamic acid, butyl-, 3-iodo-2-propynyl ester (3-iodo-2-propynyl n-butylcarbamate) ...... 1 U376 ...... Carbamodithioic acid, dimethyl-, tetraanhydrosulfide with orthothioselenious acid (Selenium, 1 tetrakis(dimethyldithiocarbamate)). U377 ...... Carbamodithioic acid, methyl,- monopotassium salt (Potassium n-methyldithiocarbamate) ...... 1 U378 ...... Carbamodithioic acid, (hydroxymethyl)methyl-, monopotassium salt (Potassium n-hydroxymethyl-n- 1 methyldithiocarbamate). U379 ...... Carbamodithioic acid, dibutyl, sodium salt (Sodium dibutyldithiocarbamate) ...... 1 U381 ...... Carbamodithioic acid, diethyl-, sodium salt (Sodium diethyldithiocarbamate) ...... 1 U277 ...... Carbamodithioic acid, diethyl-, 2-chloro-2-propenyl ester (Sulfallate) ...... 1 U382 ...... Carbamodithioic acid, dimethyl-, sodium salt (Sodium dimethyldithiocarbamate) ...... 1 U383 ...... Carbamodithioic acid, dimethyl, potassium salt (Potassium dimethyl dithiocarbamate) ...... 1 U384 ...... Carbamodithioic acid, methyl-, monosodium salt (Metam Sodium) ...... 1 U385 ...... Carbamothioic acid, dipropyl-,S-propyl ester (Vernolate) ...... 1 U386 ...... Carbamothioic acid, cyclohexylethyl-, S-ethyl ester (Cycloate) ...... 1 U387 ...... Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester (Prosulfocarb) ...... 1 U389 ...... Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester (Triallate) ...... 1 U390 ...... Carbamothioic acid, dipropyl-, S-ethyl ester (EPTC) ...... 1 U391 ...... Carbamothioic acid, butylethyl-, S-propyl ester (Pebulate) ...... 1 U392 ...... Carbamothioic acid, bis(2-methylpropyl)-, S-ethyl ester (Butylate) ...... 1 U393 ...... Copper, bis(dimethylcarbamodithioato-S,S′)- (Copper dimethyldithiocarbamate) ...... 1 U394 ...... Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-, methyl ester (A2213) ...... 1 U395 ...... Ethanol, 2,2'-oxybis-, dicarbamate (Diethylene glycol, dicarbamate) ...... 1 U396 ...... Iron, tris(dimethylcarbamodithioato-S,S')-, (Ferbam) ...... 1 U400 ...... Piperidine, 1,1'-(tetrathiodicarbonothioyl)-bis- (Bis(pentamethylene)thiuram tetrasulfide) ...... 1 U401 ...... bis(dimethylthiocarbamoyl) sulfide (Tetramethylthiuram monosulfide) ...... 1 U402 ...... Thioperoxydicarbonic diamide, tetrabutyl (Tetrabutylthiuram disulfide) ...... 1 U403 ...... Thioperoxydicarbonic diamide, tetraethyl (Disulfiram) ...... 1 U407 ...... Zinc, bis(diethylcarbamodithioato-S,S′)- (Ethyl Ziram) ...... 1

VIII. Executive Order 12866 programs or the rights and obligations of wastes discussed above may result in recipients thereof; or nationwide annualized costs of at least Under Executive Order 12866 (4) Raise novel legal or policy issues $900,000. The previous EIA is available Regulatory Planning and Review (58 FR arising out of legal mandates, the President’s in the regulatory docket entitled 51735, October 4, 1993), the Agency priorities, or the principles set forth in this ‘‘Economic Impact Analysis of the must determine whether the regulatory Executive order. Identification and Listing of Carbamate action is ‘‘significant’’ and therefore Pursuant to the terms of Executive Production Waste,’’ January 27, 1994, subject to OMB review and the Order 12866, it has been determined requirements of the Executive Order. (F–94–S0002). The EIA revised in that this rule is a ‘‘significant regulatory response to comment is available in the The Order defines ‘‘significant action’’ because of policy issues arising regulatory action’’ as one that is likely regulatory docket and is entitled out of legal mandates. As such, this ‘‘Economic Impact Analysis of the to result in a rule that may: action was submitted to OMB for Identification and Listing of Carbamate review. Changes made in response to (1) Have an annual effect on the economy Production Wastes,’’ October 26, 1994. of $100 million or more or adversely affects OMB suggestions or recommendations in a material way the economy, a sector of are documented in the public record. A. Compliance Costs for Listings the economy, productivity, competition, jobs, the environment, public health or safety, or IX. Economic Impact Analysis The remainder of this section briefly State, local, or tribal governments or This section of the preamble describes (1) the universe of carbamate communities; production facilities and volumes of (2) Create a serious inconsistency or summarizes the costs and the economic otherwise interferes with an action taken or impact analysis (EIA) for the carbamate carbamate production wastes in the 6 planned by another agency; hazardous waste listings. Based upon waste groups listed, (2) the methodology (3) Materially alter the budgetary impact of the EIA, the Agency estimates that the for determining incremental cost and entitlements, grants, user fees, or loan listing of the six carbamate production economic impacts to regulated entities, 7846 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations and (3) the regulatory flexibility Approach to the Cost Analysis the industry’s own waste-specific analysis. EPA’s approach to the cost analysis estimates concerning the cost of current 1. Universe of Carbamate Production for this rule was to compare the cost of management. EPA realizes that future Facilities and Waste Volumes current management practices, as events such as waste minimization reported in the 3007 survey of efforts or increased demand for In order to estimate costs for the EIA, carbamate products may change waste it was first necessary to estimate total carbamate production facilities, with the projected cost of management to comply generation volumes and, thus, future annual generation of carbamate waste management costs. production wastes. The domestic with the RCRA Subtitle C hazardous carbamate production industry is waste program. This difference in cost, Post-Regulatory Management Scenarios composed of 64 chemical products when annualized, 3 represents the produced by 20 manufacturers at 24 incremental annual compliance cost In predicting how industry would facilities. Total annual waste quantities attributable to the rule. comply with the listing of carbamate generated by these facilities were Baseline or Current Management production waste as RCRA hazardous derived from a 1990 survey of the Scenario waste, EPA developed nine post- carbamate production industry. regulatory management scenarios, Relying on survey responses and described below, that represent 2. Method for Determining Cost and engineering site visits, EPA was able to reasonable management reactions on the Economic Impacts determine the current (i.e., 1990) part of industry. EPA developed these This section details EPA’s approach management practices for the handling post-regulatory management categories for estimating the incremental and disposal of carbamate production based on its knowledge of current waste compliance cost and the economic wastes. Current management practices management and the physical and varied among facilities and waste impacts attributable to the listing of chemical properties of the waste. carbamate production waste. Because streams, and included such practices as the carbamate production industry is off-site incineration, deep-well disposal, Unit costs for Subtitle C treatment relatively small (only 20 manufacturers on-site destruction in boilers, and off- (i.e., incineration) or land disposal, at 24 facilities in 1990), EPA was able site landfilling. These current waste transportation between facilities, to collect facility-specific information management practices at each facility permit modifications, maintenance of and estimate incremental costs at the represent the baseline scenario of the contingency plans, manifesting and waste stream level. The information analysis. biannual reporting system (BRS) used in this analysis was collected in As part of the 3007 survey, EPA asked reporting are contained in Table 4 1990 under the authority of a RCRA each facility to identify current costs for below. The total volume of waste section 3007 survey; the survey the management of carbamate affected by each waste management included engineering site visits, and production wastes. For this analysis, category described above are presented sampling and analysis of waste streams. EPA has relied on and has not changed below in Table 5.

TABLE 4.ÐPOST-REGULATORY WASTE MANAGEMENT UNIT COST ESTIMATES

Cost (1992 $) Source

Commercial hazardous waste incineration ...... $1,600 per metric ton ...... SAIC/ICF analysis. Commercial hazardous waste landfill ...... $200 per metric ton ...... SAIC/ICF analysis. Hazardous waste transportation ...... $0.27 per metric ton per mile if SAIC analysis. under 200 miles. $0.24 per metric ton per mile if over 200 miles. Class II on-site hazardous waste landfill permit modification 4 ...... $80,102 ...... ICF analysis. Class II on-site hazardous waste incinerator permit modification 5 ...... $40,585 ...... ICF analysis. Other class II on-site hazardous waste treatment permit modification .. $7,476 ...... ICF analysis. Segregation of industrial Subtitle D waste ...... $10 per metric ton ...... EPA estimate. Maintenance of contingency plan ...... $200 per facility per year ...... Source a. Manifesting 5 ...... $36 per shipment ...... Sources b, c. BRS reporting ...... $428 per facility per year ...... Sources c, d. 4 Permit modification costs were assumed to be incurred no more than once for each type of treatment at each facility. These costs were annualized over 20 years using a discount rate of 7 percent. 5 Manifest completion costs were assumed to be incurred once a year for each waste shipped off site. One shipment was assumed to equal one truckload of 20 tons. Sources: a. ``Estimating Costs for the Economic Benefits of RCRA Non-compliance,'' Draft Report prepared by DPRA for Office of Waste Pro- grams Enforcement, U.S. Environmental Protection Agency, May 1993. b. ICF No. 801 ``Requirements for Generators, Transporters, and Waste Management Facilities Under the RCRA Hazardous Waste Manifest System,'' June 15, 1992. c. Employment and Earnings, Bureau of Labor Statistics, March 1993. d. ``1991 Hazardous Waste Report,'' U.S. Environmental Protection Agency.

3 Costs are discounted at a rate of 7 percent over a 20 year period. Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7847

TABLE 5.ÐTOTAL CARBAMATE PRO- off-site steam stripping 6. The total One corrective action-related cost that DUCTION WASTE QUANTITIES AND estimated annualized cost for scenario should be accounted for is the possible TOTAL INCREMENTAL ANNUAL COST two is $6.4 million. clean up cost associated with the out-of- INCURRED BY EACH POST-REGU- Because the K157 incremental service surface impoundment that annualized cost of scenario two is more become solid waste management units LATORY WASTE MANAGEMENT CAT- than eight times that of scenario one, following their replacement with tanks. EGORY EPA assumed that industry would In the worst-case, facilities generating minimize its cost by adopting the lower- K157 wastewaters will meet the Total 7 quantity cost management . The costs estimated concentration-based exemption and will of carba- Total for scenario one have been used in the abandon their surface impoundments Post-regulatory mate pro- annualized total costs for K157 wastes reported following this listing. To calculate the waste management duction incremen- scenario waste af- tal cost in- below. corrective action costs, EPA has assumed clean closure in year one, with fected (in curred 3. P and U List Wastes metric costs annualized over 20 years. To the tons) EPA has obtained its estimate of the clean closure costs, EPA has added the amount of P and U wastes generated value of the abandoned land. Under MC 1 ...... 234,000 $25,600 annually by the carbamate producers MC 2 ...... 6,400 8,200 these assumptions, annualized MC 3 ...... 1 700 from the 1990 RCRA Section 3007 corrective action costs associated with MC 4 ...... 809,900 776,700 Survey. The $10,000 cost associated this rule making total $472,000. If, MC 5 and 6 ...... 2,700 200 with managing the 40 metric tons however, the K157 wastewaters and all MC 7 ...... 0 20 reported in the survey represents a wastewaters derived from the treatment MC 8 and 9 ...... 240 68,100 lower-bound cost because it does not of K156 and comanaged with K157 MC 10 ...... 4,100 41,000 include wastes generated by pesticide wastes qualify for the concentration- Total a ...... 840,000 910,000 formulators or distributors. based exemption, the corrective action costs are reduced to $12,000 annually. a Numbers may not add due to rounding. 4. Potential Remedial Action Costs 5. Summary of Results Specific Analysis of K157 Wastewaters In addition to carbamate process wastes, the carbamate hazardous waste Table 6 presents a summary of EPA examined two scenarios for the listing could affect the management of estimated national incremental post-regulatory management of K157 soils, ground water, and other remedial annualized compliance costs, by newly wastewaters that do not meet the materials. The Agency’s ‘‘contained in’’ identified hazardous waste number, concentration-based exemption. The policy defines certain remediation associated with this rule. first scenario assumed that K157 wastes ‘‘containing’’ a listed hazardous wastewaters would continue to be sent waste as a RCRA hazardous waste (See through NPDES-permitted discharges or TABLE 6.ÐANNUALIZED INCREMENTAL Chemical Waste Management v. EPA, COMPLIANCE COST FOR THE LISTING to POTWs, but that (1) sludge would be 869 F.2d 1526, D.C.C, 1989). Sites, OF CARBAMATE PRODUCTION managed as hazardous waste, and (2) where in newly identified hazardous surface impoundments would be closed wastes have been managed prior to the WASTES LISTED BY CORRESPOND- and converted to tanks. The second effective date of the new listings, may ING RCRA CODES scenario assumed that wastewaters still have contaminant concentrations would be treated by steam stripping Annual incremental which exceed ‘‘contained in’’ levels. A RCRA waste code compliance cost before discharge into centralized person who actively manages such wastewater treatment systems. material could become a generator of K156 ...... $14,000 For the first K157 wastewater RCRA hazardous waste. The likelihood K157 ...... 10,000±770,000 scenario, EPA reviewed the information of this imposing a significant additional K158 ...... 37,000 collected as part of the RCRA section burden is low since at least 22 of 24 K159 ...... 1,200 3007 survey. The facility-specific carbamate production facilities are K160 ...... 2,100 information shows that only two already permitted TSDFs. Releases from K161 ...... 61,000 facilities employ operational surface P & U ...... 10,000 all solid waste management units at impoundments (as of 1990). EPA Total ...... 140,000±900,000a these TSDFs, including those that in the calculated the costs associated with the future would be found to contain a a Figures may not sum exactly because of closure of the surface impoundments waste meeting the carbamate listing rounding. Corrective action may add $12,000 and conversion to tanks. The EIA to the lower bound costs and $472,000 to the technical background document descriptions, are already covered by upper bound costs. facility-wide corrective action under 40 contains details of these cost X. Regulatory Flexibility Act calculations. EPA estimated that the CFR 264.101. These associated costs costs associated with the first scenario e.g., RCRA Facility Assessment have The Regulatory Flexibility Act (RFA) to be approximately $760,000 per year. already been accounted for in the of 1980 requires federal agencies to For the second K157 wastewater regulatory impact analysis of the consider ‘‘small entities’’ throughout the scenario, EPA explored the possibility corrective action rule. regulatory process. Section 603 of the of off-site steam stripping as well as RFA requires an initial screening constructing on-site steam stripping 6 Recent vendor quotes of off-site steam-stripping analysis to be performed to determine showed a cost of $0.75 per gallon (approximately units. EPA calculated rough engineering $200 per metric ton). whether small entities will be affected cost estimates for the on-site systems, 7 EPA also considered facility specific by the regulation. If affected small both for capital costs and annual comparisons between scenarios one and two. It entities are identified, regulatory operation and maintenance. For should be noted that, under scenario one, given the alternatives must be considered which volumes generated by these facilities worst possible case (conversion of three surface mitigate the potential impacts. Small impoundments, one tank cover and sludge disposal) (approximately 400 tons), EPA costs were still favorable to those that would be entities as described in the Act are only estimated the total annualized cost of incurred by the same facility under scenario two. those ‘‘businesses, organizations and 7848 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations governmental jurisdictions subject to to comply with the existing Subtitle C Dated: January 31, 1995. regulation.’’ recordkeeping and reporting Carol M. Browner, If, however, the head of the Agency requirements for the newly listed Administrator. certifies that the rule will not have a wastestreams. For the reasons set out in the significant impact on a substantial To the extent that this rule imposes preamble, amend title 40 of the Code of number of small entities, no regulatory any information collection requirements Federal Regulations as follows: flexibility analysis is required. under existing RCRA regulations Table 7 presents the estimated promulgated in previous rulemakings, PART 261ÐIDENTIFICATION AND annualized incremental compliance those requirements have been approved LISTING OF HAZARDOUS WASTE costs borne by the five small by the Office of Management and businesses 8 in the carbamate 1. The authority citation for part 261 Budget (OMB) under the Paperwork continues to read as follows: production industry. The annual Reduction Act, 44 U.S.C. 3501 et seq., incremental cost of the rule for the five and have been assigned OMB control Authority: 42 U.S.C. 6905, 6912(a), 6921, facilities ranged from $628 to $772. The numbers 2050–120 (ICR no. 1573, Part 6922, and 6938. greatest ratio of compliance cost to sales B Permit Application); 2050–120 (ICR 2. Section 261.3 is amended by is 0.01%, thus, EPA concluded that no 1571, General Facility Standards); 2050– removing the period at the end of small businesses are significantly 0028 (ICR 261, Notification to Obtain an paragraph (a)(2)(iv)(E) and adding a affected by this rule. EPA ID); 2050–0034 (ICR 262, Part A semi-colon and the word ‘‘or’’ and by Permit Application); 2050–0039 (ICR adding paragraphs (a)(2)(iv)(F), TABLE 7.ÐRESULTS OF THE 801, Hazardous Waste Manifest); 2050– (a)(2)(iv)(G) and (c)(2)(ii)(D) to read as REGULATORY FLEXIBILITY ANALYSIS 0035 (ICR 820, Generator Standards); follows. and 2050–0024 (ICR 976, Biennial Annual § 261.3 Definition of hazardous waste. cost of Report). Annual (a) * * * incremen- Annual compli- Release reporting required as a result Facility tal cost of sales ance/an- of listing wastes as hazardous (2) * * * (millions) nual (iv) * * * rule sales substances under CERCLA and (percent) adjusting the reportable quantities (RQs) (E) * * *; or has been approved under the provisions (F) One or more of the following 1 ...... $772 $17.8 <0.01 of the Paperwork Reduction Act, 44 wastes listed in § 261.32—wastewaters 2 ...... 628 110 <0.01 U.S.C. 3501 et seq., and has been from the production of carbamates and 3 ...... 664 6.6 0.01 assigned OMB control number 2050– carbamoyl oximes (EPA Hazardous 4 ...... 628 45 <0.01 Waste No. K157)—Provided that the 5 ...... 736 19 <0.01 0046 (ICR 1049, Notification of Episodic Release of Oil and Hazardous maximum weekly usage of Of the 24 entities which are directly Substances). formaldehyde, methyl chloride, subject to this rule, 18 entities would methylene chloride, and triethylamine List of Subjects incur incremental compliance costs. Of (including all amounts that can not be the 18 affected facilities, 4 entities fit 40 CFR Part 261 demonstrated to be reacted in the the definition of a ‘‘small entity’’ as process, destroyed through treatment, or defined by the Regulatory Flexibility Environmental protection, Hazardous is recovered, i.e., what is discharged or Act.9 The annual incremental cost materials, Waste treatment and disposal, volatilized) divided by the average impact to these 4 entities ranges from Recycling. weekly flow of process wastewater prior to any dilutions into the headworks of $600 to $800. For each of the 4 facilities 40 CFR Part 271 impacted, these annual costs constitute the facility’s wastewater treatment less than 1 percent of total annual sales. Environmental protection, system does not exceed a total of 5 parts EPA believes that these costs do not Administrative practice and procedure, per million by weight; or represent a significant impact. Hence, Confidential business infirmation, (G) Wastewaters derived from the pursuant to section 605(b) of the Hazardous material transportation, treatment of one or more of the Regulatory Flexibility Act, 5 U.S.C. Hazardous waste, Indians-lands, following wastes listed in § 261.32— 605(b), ‘‘the Administrator certifies that Intergovernmental relations, Penalties, organic waste (including heavy ends, this rule will not have a significant Reporting and recordkeeping still bottoms, light ends, spent solvents, economic impact on a substantial requirements, Water pollution control, filtrates, and decantates) from the number of entities.’’ Water supply. production of carbamates and carbamoyl oximes (EPA Hazardous XI. Paperwork Reduction Act 40 CFR Part 302 Waste No. K156).—Provided, that the This rule does not contain any new Environmental protection, Air maximum concentration of information collection requirements pollution control, Chemicals, formaldehyde, methyl chloride, subject to OMB review under the Emergency Planning and Community methylene chloride, and triethylamine Paperwork Reduction Act of 1980, 44 Right-to-Know Act, Extremely prior to any dilutions into the U.S.C. 3501 et seq. Facilities will have hazardous substances, Hazardous headworks of the facility’s wastewater chemicals, Hazardous materials, treatment system does not exceed a total 8 A small business is defined by the Small Hazardous materials transportation, of 5 milligrams per liter. Business Size Regulations (13 CFR part 121) as one with under 500 employees. Hazardous substances, Hazardous * * * * * 9 According to ‘‘EPA Guidelines for Implementing wastes, Intergovernmental relations, (c) * * * the Regulatory Flexibility Act’’ (April, 1992), any Natural resources, Pesticides and pests, (2) * * * producer of pesticides and agricultural chemicals Reporting and recordkeeping (ii) * * * (SIC 2879) with less than 500 employees constitutes requirements, Superfund, Waste (D) Biological treatment sludge from a ‘‘small entity.’’ None of the entities which would incur incremental compliance costs as a result of treatment and disposal, Water pollution the treatment of one of the following this proposal have less than 500 employees. control, Water supply. wastes listed in § 261.32—organic waste Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7849

(including heavy ends, still bottoms, carbamates and carbamoyl oximes (EPA streams to the subgroup ‘Organic light ends, spent solvents, filtrates, and Hazardous Waste No. K157). chemicals’ to read as follows. decantates) from the production of * * * * * carbamates and carbamoyl oximes (EPA 3. Section 261.32 is amended by § 261.32 Hazardous waste from specific sources. Hazardous Waste No. K156), and adding in alphanumeric order (by the wastewaters from the production of first column) the following waste * * * * *

Industry and EPA hazardous Hazardous waste Hazard waste No. code

******* Organic Chemi- cals:

******* K156 ...... Organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the (T) production of carbamates and carbamoyl oximes. K157 ...... Wastewaters (including scrubber waters, condenser waters, washwaters, and separation waters) from the produc- (T) tion of carbamates and carbamoyl oximes. K158 ...... Bag house dusts and filter/separation solids from the production of carbamates and carbamoyl oximes ...... (T) K159 ...... Organics from the treatment of thiocarbamate wastes ...... (T) K160 ...... Solids (including filter wastes, separation solids, and spent catalysts) from the production of thiocarbamates and (T) solids from the treatment of thiocarbamate wastes. K161 ...... Purification solids (including filtration, evaporation, and centrifugation solids), bag house dust and floor sweepings (R,T) from the production of dithiocarbamate acids and their salts. (This listing does not include K125 or K126.).

* * * * * 4. The tables in § 261.33(e) and (f) are amended by adding in alphabetic order (by the third column) the following substances to read as follows: § 261.33 Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof. * * * * * (e) * **

Chemical Hazardous abstracts Substance waste No. No.

******* P203 ...... 1646±88±4 Aldicarb sulfone.

******* P127 ...... 1563±66±2 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate. P188 ...... 57±64±7 Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo[2,3-b]indol-5-yl methylcarbamate ester (1:1).

******* P189 ...... 55285±14±8 Carbamic acid, [(dibutylamino)- thio]methyl-, 2,3-dihydro-2,2-dimethyl- 7-benzofuranyl ester. P191 ...... 644±64±4 Carbamic acid, dimethyl-, 1-[(dimethyl-amino)carbonyl]- 5-methyl-1H- pyrazol-3-yl ester. P192 ...... 119±38±0 Carbamic acid, dimethyl-, 3-methyl-1- (1-methylethyl)-1H- pyrazol-5-yl ester. P190 ...... 1129±41±5 Carbamic acid, methyl-, 3-methylphenyl ester. P127 ...... 1563±66±2 Carbofuran.

******* P189 ...... 55285±14±8 Carbosulfan.

******* P202 ...... 64±00±6 m-Cumenyl methylcarbamate.

******* P191 ...... 644±64±4 Dimetilan.

******* P185 ...... 26419±73±8 1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O- [(methylamino)- carbonyl]oxime.

******* P194 ...... 23135±22±0 Ethanimidothioc acid, 2-(dimethylamino)-N-[[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester.

******* P198 ...... 23422±53±9 Formetanate hydrochloride. 7850 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations

Chemical Hazardous abstracts Substance waste No. No.

P197 ...... 17702±57±7 Formparanate.

******* P192 ...... 119±38±0 Isolan. P202 ...... 64±00±6 3-Isopropylphenyl N-methylcarbamate.

******* P196 ...... 15339±36±3 Manganese, bis(dimethylcarbamodithioato-S,S′)-, P196 ...... 15339±36±3 Manganese dimethyldithiocarbamate.

******23422±53±9 Methanimidamide, N,N-dimethyl-N′-[3-[[(methylamino)-carbonyl]oxy]phenyl]-, monohydrochloride. *1P198 P197 ...... 17702±57±7 Methanimidamide, N,N-dimethyl-N′-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]- P199 ...... 2032±65±7 Methiocarb.

******* P190 ...... 1129±41±5 Metolcarb.

******* P199 ...... 2032±65±7 Mexacarbate.

******* P194 ...... 23135±22±0 Oxamyl.

******* P128 ...... 315±18±4 Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester). P199 ...... 2032±65±7 Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate

******* P202 ...... 64±00±6 Phenol, 3-(1-methylethyl)-, methyl carbamate.

******* P201 ...... 2631±37±0 Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate.

******* P204 ...... 57±47±6 Physostigmine. P188 ...... 57±64±7 Physostigmine salicylate.

******* P201 ...... 2631±37±0 Promecarb P203 ...... 1646±88±4 Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-[(methylamino)carbonyl] oxime.

******* P204 ...... 57±47±6 Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethyl-, methylcarbamate (ester), (3aS-cis)-.

******* P185 ...... 26419±73±8 Tirpate.

******* P205 ...... 137±30±4 Zinc, bis(dimethylcarbamodithioato-S,S′)-,

******* P205 ...... 137±30±4 Ziram.

* * * * * (f) * **

Chemical Hazardous abstracts Substance waste No. No.

U394 ...... 30558±43±1 A2213.

******* U365 ...... 2212±67±1 H-Azepine-1-carbothioic acid, hexahydro-, S-ethyl ester.

******* U280 ...... 101±27±9 Barban. U278 ...... 22781±23±3 Bendiocarb. U364 ...... 22961±82±6 Bendiocarb phenol. U271 ...... 17804±35±2 Benomyl.

******* U278 ...... 22781±23±3 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate. Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7851

Chemical Hazardous abstracts Substance waste No. No.

U364 ...... 22961±82±6 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, U367 ...... 1563±38±8 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-

******* U401 ...... 97±74±5 Bis(dimethylthiocarbamoyl) sulfide. U400 ...... 120±54±7 Bis(pentamethylene)thiuram tetrasulfide.

******* U392 ...... 2008±41±5 Butylate.

******* U372 ...... 10605±21±7 Carbamic acid, 1H-benzimidazol-2-yl, methyl ester. U271 ...... 17804±35±2 Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol-2-yl]-, methyl ester. U375 ...... 55406±53±6 Carbamic acid, butyl-, 3-iodo-2-propynyl ester. U280 ...... 101±27±9 Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester. U373 ...... 122±42±9 Carbamic acid, phenyl-, 1-methylethyl ester. U409 ...... 23564±05±8 Carbamic acid, [1,2-phenylenebis (iminocarbonothioyl)]bis-, dimethyl ester.

******* U379 ...... 136±30±1 Carbamodithioic acid, dibutyl, sodium salt. U277 ...... 95±06±7 Carbamodithioic acid, diethyl-, 2-chloro-2-propenyl ester. U381 ...... 148±18±5 Carbamodithioic acid, diethyl-, sodium salt. U383 ...... 128±03±0 Carbamodithioic acid, dimethyl, potassium salt. U382 ...... 128±04±1 Carbamodithioic acid, dimethyl-, sodium salt. U376 ...... 144±34±3 Carbamodithioic acid, dimethyl-, tetraanhydrosulfide with orthothioselenious acid.

******* U378 ...... 51026±28±9 Carbamodithioic acid, (hydroxymethyl)methyl-, monopotassium salt. U384 ...... 137±42±8 Carbamodithioic acid, methyl-, monosodium salt. U377 ...... 137±41±7 Carbamodithioic acid, methyl,- monopotassium salt.

******* U389 ...... 2303±17±5 Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester. U392 ...... 2008±41±5 Carbamothioic acid, bis(2-methylpropyl)-, S-ethyl ester. U391 ...... 1114±71±2 Carbamothioic acid, butylethyl-, S-propyl ester. U386 ...... 1134±23±2 Carbamothioic acid, cyclohexylethyl-, S-ethyl ester. U390 ...... 759±94±4 Carbamothioic acid, dipropyl-, S-ethyl ester. U387 ...... 52888±80±9 Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester. U385 ...... 1929±77±7 Carbamothioic acid, dipropyl-, S-propyl ester. U279 ...... 63±25±2 Carbaryl. U372 ...... 10605±21±7 Carbendazim. U367 ...... 1563±38±8 Carbofuran phenol.

******* U393 ...... 137±29±1 Copper, bis(dimethylcarbamodithioato-S,S')-, U393 ...... 137±29±1 Copper dimethyldithiocarbamate.

******* U386 ...... 1134±23±2 Cycloate.

******* U366 ...... 533±74±4 Dazomet.

******* U395 ...... 5952±26±1 Diethylene glycol, dicarbamate.

******* U403 ...... 97±77±8 Disulfiram.

******* U390 ...... 759±94±4 EPTC.

******* U404 ...... 101±44±8 Ethanamine, N,N-diethyl-

******* U410 ...... 59669±26±0 Ethanimidothioic acid, N,N'- [thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester U394 ...... 30558±43±1 Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-, methyl ester.

******* U395 ...... 5952±26±1 Ethanol, 2,2′-oxybis-, dicarbamate. 7852 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations

Chemical Hazardous abstracts Substance waste No. No.

******* U407 ...... 14324±55±1 Ethyl Ziram.

******* U396 ...... 14484±64±1 Ferbam.

******* U375 ...... 55406±53±6 3-Iodo-2-propynyl n-butylcarbamate.

******* U396 ...... 14484±64±1 Iron, tris(dimethylcarbamodithioato-S,S′)-,

******* U384 ...... 137±42±8 Metam Sodium.

******* U365 ...... 2212±67±1 Molinate.

******* U279 ...... 63±25±2 1-Naphthalenol, methylcarbamate.

******* U391 ...... 1114±71±2 Pebulate.

******* U411 ...... 114±26±1 Phenol, 2-(1-methylethoxy)-, methylcarbamate.

******* U400 ...... 120±54±7 Piperidine, 1,1′-(tetrathiodicarbonothioyl)-bis- U383 ...... 128±03±0 Potassium dimethyldithiocarbamate. U378 ...... 51026±28±9 Potassium n-hydroxymethyl- n-methyldi-thiocarbamate. U377 ...... 137±41±7 Potassium n-methyldithiocarbamate.

******* U373 ...... 112±42±9 Propham. U411 ...... 114±26±1 Propoxur.

******* U387 ...... 52888±80±9 Prosulfocarb.

******* U376 ...... 144±34±3 Selenium, tetrakis(dimethyldithiocarbamate).

******* U379 ...... 136±30±1 Sodium dibutyldithiocarbamate. U381 ...... 148±18±5 Sodium diethyldithiocarbamate. U382 ...... 128±04±1 Sodium dimethyldithiocarbamate.

******* U277 ...... 95±06±7 Sulfallate.

******* U402 ...... 1634±02±2 Tetrabutylthiuram disulfide.

******* U401 ...... 97±74±5 Tetramethylthiuram monosulfide. U366 ...... 533±74±4 2H-1,3,5-Thiadiazine- 2-thione, tetrahydro-3,5-dimethyl-

******* U410 ...... 59669±26±0 Thiodicarb.

******* U402 ...... 1634±02±2 Thioperoxydicarbonic diamide, tetrabutyl. U403 ...... 97±77±8 Thioperoxydicarbonic diamide, tetraethyl.

******* U409 ...... 23564±05±8 Thiophanate-methyl.

******* U389 ...... 2303±17±5 Triallate.

******* U404 ...... 101±44±8 Triethylamine. Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7853

Chemical Hazardous abstracts Substance waste No. No.

******* U385 ...... 1929±77±7 Vernolate.

******* U407 ...... 14324±55±1 Zinc, bis(diethylcarbamodithioato-S,S')-

* * * * * 5. Appendix VII to Part 261 is amended by adding the following waste streams in alphanumeric order (by the first column) to read as follows. Appendix VII to Part 261—Basis for Listing Hazardous Waste

EPA hazardous waste No. Hazardous constituents for which listed

******* K156 ...... Benomyl, carbaryl, carbendazim, carbofuran, carbosulfan, formaldehyde, methylene chloride, triethylamine. K157 ...... Carbon tetrachloride, formaldehyde, methyl chloride, methylene chloride, pyridine, triethylamine. K158 ...... Benomyl, carbendazim, carbofuran, carbosulfan, chloroform, methylene chloride. K159 ...... Benzene, butylate, eptc, molinate, pebulate, vernolate. K160 ...... Benzene, butylate, eptc, molinate, pebulate, vernolate. K161 ...... Antimony, arsenic, metam-sodium, ziram.

* * * * * 6. Appendix VIII of Part 261 is amended by adding the following hazardous constituents in alphabetical order to read as follows: The appropriate footnotes to Appendix VIII are republished without change.

APPENDIX VIII TO PART 261ÐHAZARDOUS CONSTITUENTS

Hazard- Chemical ab- ous Common name Chemical abstracts name stracts No. waste No.

******* A2213 ...... Ethanimidothioic acid, 2- (dimethylamino) -N-hydroxy-2-oxo-, methyl ester .. 30558±43±1 U394

******* Aldicarb sulfone ...... Propanal, 2-methyl-2- (methylsulfonyl) -, O-[(methylamino) carbonyl] oxime . 1646±88±4 P203

******* Barban ...... Carbamic acid, (3-chlorophenyl) -, 4-chloro-2-butynyl ester ...... 101±27±9 U280

******* Bendiocarb ...... 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate ...... 22781±23±3 U278 Bendiocarb phenol ...... 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, ...... 22961±82±6 U364 Benomyl ...... Carbamic acid, [1- [(butylamino) carbonyl]- 1H-benzimidazol-2-yl] -, methyl 17804±35±2 U271 ester.

******* Bis (dibutylcarbamothioa to) Molybdenum, bis (dibutylcarbamothioato) dioxodi-, sulfurized ...... 68412±26±0 U389 dioxodimolydenum sulfurized. Bis (pentamethylene)-thiuram Piperidine, 1,1′-(tetrathiodicarbonothioyl)-bis- ...... 120±54±7 U400 tetrasulfide.

******* Butylate ...... Carbamothioic acid, bis (2-methylpropyl)-, S-ethyl ester ...... 2008±41±5 U392

******* Carbaryl ...... 1-Naphthalenol, methylcarbamate ...... 63±25±2 U279 Carbendazim ...... Carbamic acid, 1H-benzimidazol-2-yl, methyl ester ...... 10605±21±7 U372 Carbofuran ...... 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate ...... 1563±66±2 P127 Carbofuran phenol ...... 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl- ...... 1563±38±8 U367

******* Carbosulfan ...... Carbamic acid, [(dibutylamino) thio] methyl-, 2,3-dihydro-2,2-dimethyl-7- 55285±14±8 P189 benzofuranyl ester.

******* Copper dimethyldithiocarbamate ...... Copper, bis(dimethylcarbamodithioato-S,S')-, ...... 137±29±1 U393 7854 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations

APPENDIX VIII TO PART 261ÐHAZARDOUS CONSTITUENTSÐContinued

Hazard- Chemical ab- ous Common name Chemical abstracts name stracts No. waste No.

******* m-Cumenyl methylcarbamate ...... Phenol, 3-(methylethyl)-, methyl carbamate ...... 64±00±6 P202

******* Cycloate ...... Carbamothioic acid, cyclohexylethyl-, S-ethyl ester ...... 1134±23±2 U386

******* Dazomet ...... 2H-1,3,5-thiadiazine-2-thione, tetrahydro-3,5-dimethyl ...... 533±74±4 U366

******* Diethylene glycol, dicarbamate ...... Ethanol, 2,2'-oxybis-, dicarbamate ...... 5952±26±1 U395

******* Dimetilan ...... Carbamic acid, dimethyl-, 1- [(dimethylamino) carbonyl]-5-methyl-1H- 644±64±4 P191 pyrazol-3-yl ester.

******* Disulfiram ...... Thioperoxydicarbonic diamide, tetraethyl ...... 97±77±8 U403

******* EPTC ...... Carbamothioic acid, dipropyl-, S-ethyl ester ...... 759±94±4 U390

******* Ethyl Ziram ...... Zinc, bis(diethylcarbamodithioato-S,S′)- ...... 14324±55±1 U407

******* Ferbam ...... Iron, tris(dimethylcarbamodithioat-S,S′)-, ...... 14484±64±1 U396

******* Formetanate hydrochloride ...... Methanimidamide, N,N-dimethyl-N′-[3-[[(methylamino) carbonyl]oxy]phenyl]-, 23422±53±9 P198 monohydrochloride.

******* Formparanate ...... Methanimidamide, N,N-dimethyl-N′-[2-methyl-4-[[(methylamino) car- 17702±57±7 P197 bonyl]oxy]phenyl]-.

******* 3-Iodo-2-propynyl n-butylcarbamate ... Carbamic acid, butyl-, 3-iodo-2-propynyl ester ...... 55406±53±6 U375

******* Isolan ...... Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl ester .. 119±38±0 P192

******* Manganese dimethyldithiocarbamate . Manganese, bis(dimethylcarbamodithioato-S,S′)-, ...... 15339±36±3 P196

******* Metam Sodium ...... Carbamodithioic acid, methyl-, monosodium salt ...... 137±42±8 U384

******* Methiocarb ...... Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate ...... 2032±65±7 P199

******* Metolcarb ...... Carbamic acid, methyl-, 3-methylphenyl ester ...... 1129±41±5 P190

******* Mexacarbate ...... Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester) ...... 315±18±4 P128

******* Molinate ...... 1H-Azepine-1-carbothioic acid, hexahydro-, S-ethyl ester ...... 2212±67±1 U365

******* Oxamyl ...... Ethanimidothioc acid, 2-(dimethylamino)-N-[[(methylamino)carbonyl]oxy]-2- 23135±22±0 P194 oxo-, methyl ester.

******* Pebulate ...... Carbamothioic acid, butylethyl-, S-propyl ester ...... 1114±71±2 U391 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7855

APPENDIX VIII TO PART 261ÐHAZARDOUS CONSTITUENTSÐContinued

Hazard- Chemical ab- ous Common name Chemical abstracts name stracts No. waste No.

******* Physostigmine ...... Pyrrolo[2,3-b]indol-5-01, 1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethyl-, 57±47±6 P204 methylcarbamate (ester), (3aS-cis)-. Physostigmine ...... Benzoic acid, 2-hydroxy-, compd. with (3aS-cis) ±1,2,3,3a,8,8a-hexahydro- 57±64±7 P188 1,3a,8-trimethylpyrrolo [2,3-b]indol-5-yl methylcarbamate ester (1:1).

******* Potassium dimethyldithiocarbamate ... Carbamodithioc acid, dimethyl, potassium salt ...... 128±03±0 U383 Potassium hyroxymethyl-n-methyl- Carbamodithioc acid, (hydroxymethyl)methyl-, monopotassium salt ...... 51026±28±9 U378 dithiocarbamate. Potassium n-methyldithiocarbamate ... Carbamodithioc acid, methyl-monopotassium salt ...... 137±41±7 U377

******* Promecarb ...... Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate ...... 2631±37±0 P201

******* Propham ...... Carbamic acid, phenyl-, 1-methylethyl ester ...... 122±42±9 U373 Propoxur ...... Phenol, 2-(1-methylethoxy)-, methylcarbamate ...... 114±26±1 U411

******* Prosulfocarb ...... Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester ...... 52888±80±9 U387

******* Selenium, tetrakis (dimethyl- Carbamodithioic acid, dimethyl-, tetraanhydrosulfide with orthothioselenious 144±34±3 U376 dithiocarbamate. acid.

******* Sodium dibutyldithiocarbamate ...... Carbamodithioic acid, dibutyl, sodium salt ...... 136±30±1 U379 Sodium diethyldithiocarbamate ...... Carbamodithioic acid, diethyl-, sodium salt ...... 148±18±5 U381 Sodium dimethyldithiocarbamate ...... Carbamodithioic acid, dimethyl-, sodium salt ...... 128±04±1 U382

******* Sulfallate ...... Carbamodithioic acid, diethyl-, 2-chloro-2-propenyl ester ...... 95±06±7 U277

******* Tetrabutylthiuram disulfide ...... Thioperoxydicarbonic diamide, tetrabutyl ...... 1634±02±2 U402

******* Tetrabutylthiuram monosulfide ...... Bis (dimethylthiocarbamoyl) sulfide ...... 97±74±5 U401

******* Thiodicarb ...... Ethanimidothioic acid, N,N'-[thiobis [(methylimino) carbonyloxy]] bis-, di- 59669±26±0 U410 methyl ester.

******* Thiophanate-methyl ...... Carbamic acid, [1,2-phyenylenebis (iminocarbonothioyl)] bis-, dimethyl ester 23564±05±8 U409

******* Tirpate ...... 1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-[(methylamino) carbonyl] 26419±73±8 P185 oxime.

******* Triallate ...... Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester . 2303±17±5 U389

******* Triethylamine ...... Ethanamine, N,N-diethyl- ...... 121±44±8 U404

******* Vernolate ...... Carbamothioc acid, dipropyl-, S-propyl ester ...... 1929±77±7 U385

******* Ziram ...... ZInc, bis(dimethylcarbamodithioato-S,S')-, (T±4)- ...... 137±30±4 P205

******* 1 The abbreviation N.O.S. (not otherwise specified) signifies those members of the general class not specifically listed by name in this appen- dix. 7856 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations

PART 271ÐREQUIREMENTS FOR Authority: 42 U.S.C. 6902; 33 U.S.C. 1321 chronological order by date of AUTHORIZATION OF STATE and 1361. publication to read as follows. HAZARDOUS WASTE PROGRAMS 8. Section 271.1(j) is amended by § 271.1 Purpose and scope. 7. The authority citation for part 271 adding the following entry to Table 1 in * * * * * continues to read as follows: (j) * * *

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

Federal Register Promulgation date Title of regulation reference Effective date

******* Feb. 9, 1995 ...... Listing Wastes from the Production of Carbamates ...... [Insert Federal Reg- Aug. 9, 1995 ister page num- bers].

*******

PART 302ÐDESIGNATION, Authority: 42 U.S.C. 9602, 9603, and 9604; Table 302.4 are republished without REPORTABLE QUANTITIES, AND 33 U.S.C. 1321 and 1361. change. NOTIFICATION 10. Section 302.4 is amended by § 302.4 Designation of hazardous adding the following entries in substances. 9. The authority citation for part 302 alphabetical order to Table 302.4 to read continues to read as follows: as follows. The appropriate footnotes to * * * * *

TABLE 302.4.ÐLIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES

Statutory Final RQ Regulatory Hazardous substance CASRN synonyms RCRA Cat- Pounds RQ Code∂ waste No. egory (Kg)

******* 1H-Azepine-1-carbothioic acid, hexahydro-, S-ethyl ester 2212671 1* 4 U365 # # (Molinate).

******* 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, (Bendiocarb phenol) .... 22961826 1* 4 U364 # # 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate 22781233 1* 4 U278 # # (Bendiocarb).

******* 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl- (Carbofuran phe- 1563388 1* 4 U367 # # nol).

******* Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)- 57647 1* 4 P188 # # 1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo[2,3- b]indol-5-yl methylcarbamate ester (1:1) (Physostigmine salicylate).

******* Bis(dimethylthiocarbamoyl) sulfide (Tetramethylthiuram 97745 1* 4 U401 # # monosulfide).

******* Carbamic acid, butyl-, 3-iodo-2-propynyl ester (3-iodo-2- 55406536 1* 4 U375 # # propynyl n-butylcarbamate). Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol- 17804352 1* 4 U271 # # 2-yl, methyl ester (Benomyl). Carbamic acid, 1H-benzimidazol-2-yl, methyl ester 10605217 1* 4 U372 # # (Carbendazim). Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester 101279 1* 4 U280 # # (Barban). Carbamic acid, [(dibutylamino)thio]methyl-, 2,3-dihydro-2,2- 55285148 1* 4 P189 # # dimethyl-7-benzofuranyl ester (Carbosulfan). Carbamic acid, dimethyl-,1- [(dimethylamino)carbonyl]-5- 644644 1* 4 P191 # # methyl-1H-pyrazol-3-yl ester (Dimetilan). Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H- 119380 1* 4 P192 # # pyrazol-5-yl ester (Isolan). Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7857

TABLE 302.4.ÐLIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIESÐContinued

Statutory Final RQ Regulatory Hazardous substance CASRN synonyms RCRA Cat- Pounds RQ Code∂ waste No. egory (Kg)

******* Carbamic acid, methyl-, 3-methylphenyl ester (Metolcarb) ... 1129415 1* 4 P190 # # Carbamic acid, [1,2- phenylenebis(iminocarbonothioyl)]bis-, 23564058 1* 4 U409 # # dimethyl ester (Thiophanate-methyl). Carbamic acid, phenyl-, 1-methylethyl ester (Propham) ...... 122429 1* 4 U373 # #

******* Carbamodithioic acid, dibutyl, sodium salt (Sodium 136301 1* 4 U379 # # dibutyldithiocarbamate). Carbamodithioic acid, diethyl-, 2-chloro-2-propenyl ester 95067 1* 4 U277 # # (Sulfallate). Carbamodithioic acid, diethyl-, sodium salt (Sodium 148185 1* 4 U381 # # diethyldithiocarbamate). Carbamodithioic acid, dimethyl, potassium salt (Potassium 128030 1* 4 U383 # # dimethyldithiocarbamate). Carbamodithioic acid, dimethyl-, sodium salt (Sodium 128041 1* 4 U382 # # dimethyldithiocarbamate). Carbamodithioic acid, dimethyl-, tetraanhydrosulfide with 144343 1* 4 U376 # # orthothioselenious acid (Selenium, tetrakis(dimethyldithiocarbamate)). Carbamodithioic acid, (hydroxymethyl)methyl-, 51026289 1* 4 U378 # # monopotassium salt (Potassium n-hydroxymethyl-n- methyldithiocarbamate). Carbamodithioic acid, methyl,- monopotassium salt (Potas- 137417 1* 4 U377 # # sium n-methyldithiocarbamate). Carbamodithioic acid, methyl-, monosodium salt (Metam 137428 1* 4 U384 # # Sodium).

******* Carbamothioic acid, bis(2-methylpropyl)-, S-ethyl ester 2008415 1* 4 U392 # # (Butylate).

******* Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2- 2303175 1* 4 U389 # # propenyl) ester (Triallate). Carbamothioic acid, butylethyl-, S-propyl ester (Pebulate) ... 1114712 1* 4 U391 # # Carbamothioic acid, cyclohexylethyl-, S-ethyl ester 1134232 1* 4 U386 # # (Cycloate). Carbamothioic acid, dipropyl-, S-ethyl ester (EPTC) ...... 759944 1* 4 U390 # # Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester 52888809 1* 4 U387 # # (Prosulfocarb). Carbamothioic acid, dipropyl-, S-propyl ester (Vernolate) .... 1929777 1* 4 U385 # #

******* Copper, bis(dimethylcarbamodithioato-S,S′)-(Cooper 137291 1* 4 U393 # # dimethyldithiocarbamate).

******* 1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O- 26419738 1* 4 P185 # # [(methylamino)carbonyl]oxime (Tirpate).

******* Ethanimidothioci acid, 2-(dimethylamino-N-hydroxy-2-oxo-, 30558431 1* 4 U394 # # methyl ester (A2213).

******* Ethanimidothoic acid, 2-(dimethylamino)-N- 23135220 1* 4 P194 # # [[(methylamino)carbonyl]oxy]-2-oxo-, methyl ester (Oxamyl).

******* Ethanimidothioic acid, N,N′- 59669260 1* 4 U410 # # [thiobis[(methylimino)carbonyloxy]]bis-,dimethyl ester (Thiodicarb). 7858 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations

TABLE 302.4.ÐLIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIESÐContinued

Statutory Final RQ Regulatory Hazardous substance CASRN synonyms RCRA Cat- Pounds RQ Code∂ waste No. egory (Kg)

******* Ethanol, 2,2′-oxybis-, dicarbamate (Diethylene glycol, 5952261 1* 4 U395 # # dicarbamate).

******* Iron, tris(dimethylcarbamodithioato-S,S′)-(Ferbam) ...... 14484641 1* 4 U396 # #

******* Manganese, bis(dimethylcarbamodithioato-S,S′)-(Man- 15339363 1* 4 P196 # # ganese dimethyldithiocarbamate).

******* Methanimidamide, N,N-dimethyl-N′-[3- 23422539 1* 4 P198 # # [[(methylamino)carbonyl]oxylphenyl]-, monohydrochioride (Formetanate hydrochloride).

******* Methanimidamide, N,N-dimethyl-N′-[2-methyl-4- 17702577 1* 4 P197 # # [[(methylamino)carbonyl]oxy]phenyl]-(Formparanate).

******* Phenol, 3-(1-methylethyl)-, methyl carbamate (m-Cumenyl 64006 1* 4 P202 # # methylcarbamate).

******* Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate 2631370 1* 4 P201 # # (Promecarb).

******* Piperidine, 1,1'-(tetrathiodicarbonothioyl)-bis- 120547 1* 4 U400 # # (Bis(pentamenthylene)thiuram tetrasulfide).

******* Propanal, 2-methyl-2-(methylsulfonyl)-, O- 1646884 1* 4 P203 # # [(methylamino)carbonyl] oxime (Aldicarb sulfone).

******* Pyrrolo[2,3-b] indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8- 57476 1* 4 P204 # # trimethyl-, methylcarbamate (ester), (3aS-cis)-(Physo- stigmine.

******* 2H-1,3,5-Thiadiazine-2-thione, tetrahydro-3,5-dimethyl- 533744 1* 4 U366 # # (Dazomet).

******* Thioperoxydicarbonic diamide, tetrabutyl (Tetrabutylthiuram 1634022 1* 4 U402 # # disulfide). Thioperoxydicarbonic diamide, tetraethyl (Disulfiram) ...... 97778 1* 4 U403 # #

******* Zinc, bis(dimethylcarbomodithioato-S,S′)-, (Ziram) ...... 137304 1* 4 P205 # # Zinc, bis(diethylcarbamodithioato-S,S′)-(Ethyl Ziram) ...... 14324551 1* 4 U407 # #

******* K156 Organic waste (including heavy ends, still bottoms, 1* 4 K156 # # light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes. K157 Wastewaters (including scrubber waters, condenser 1* 4 K157 # # waters, washwaters, and separation waters) from the pro- duction of carbamates and carbamoyl oximes (This listing does not include sludges derived from the treatment of these wastewaters). K158 Bag house dusts and filter/separation solids from 1* 4 K158 # # the production of carbamates and carbamoyl oximes. K159 Organics from the treatment of thiocarbamate 1* 4 K159 # # wastes. Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Rules and Regulations 7859

TABLE 302.4.ÐLIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIESÐContinued

Statutory Final RQ Regulatory Hazardous substance CASRN synonyms RCRA Cat- Pounds RQ Code∂ waste No. egory (Kg)

K160 Solids (including filter wastes, separation solids, and 1* 4 K160 # # spent catalysts) from the production of thiocarbamates and solids from the treatment of thiocarbamate wastes. K160 Purification solids (including filtration, evaporation, 1* 4 K161 # # and centrifugation solids), bag house dust, and floor sweepings from the production of dithiocarbamate acids and their salts (This listing does not include K125 or K126.). +ÐIndicates the statutory source as defined by 1, 2, 3, and 4 below. 4ÐIndicates that the statutory source for designation of this hazardous substance under CERCLA is RCRA Section 3001. 1*ÐIndicates that the 1-pound RQ is a CERCLA statutory RQ. # #ÐThe Agency may adjust the statutory RQ for this hazardous substance in a future rulemaking; until then the statutory RQ applies.

[FR Doc. 95–2983 Filed 2–8–95; 8:45 am] BILLING CODE 6560±50±P