43924 Federal Register / Vol. 61, No. 166 / Monday, August 26, 1996 / Rules and Regulations ENVIRONMENTAL PROTECTION wastes will revert to those originally Background Document for Carbamates AGENCY promulgated in the Phase III rule. at 4±4 through 4±9.) EFFECTIVE DATE: August 26, 1996. During the comment period for the 40 CFR Parts 268 and 271 Phase III proposed rule, EPA became ADDRESSES: Supporting materials are aware that commenters thought a [EPA # 530±Z±96±002; FRL±5560±1] available for viewing in the RCRA number of the 42 constituents with RIN 2050±AD38 Information Center (RIC), located at newly-established UTS levels did not Crystal Gateway One, 1235 Jefferson have EPA-recommended analytical Emergency Revision of the Land Davis Highway, First Floor, Arlington, methods for measuring compliance. Disposal Restrictions (LDR) Phase III VA. The Docket Identification Number Furthermore, some commenters noted Treatment Standards for Listed is F±96±P32F±FFFFF. The RIC is open that laboratory standards were not Hazardous Wastes From Carbamate from 9 a.m. to 4 p.m., Monday through available for some of the constituents. Production Friday, except for Federal holidays. The Thus, laboratories would not be able to public must make an appointment to calibrate their instruments to measure AGENCY: Environmental Protection review docket materials by calling (703) compliance with treatment standards for Agency (EPA, the Agency). 603±9230. The public may copy a those constituents. EPA responded that ACTION: Immediate final rule. maximum of 100 pages from any analytical methods had been regulatory document at no cost. recommended for all carbamate waste SUMMARY: On April 8, 1996, EPA Additional copies cost $0.15 per page. constituents, and that analytical published treatment standards (the FOR FURTHER INFORMATION CONTACT: standards were expected to become ``Phase III'' final rule) for a number of For available prior to the Phase III effective hazardous wastes associated with the general information contact the RCRA date, as laboratories geared up for the production of carbamate pesticides Hotline at 800±424±9346 (toll-free) or 703±412±9810 locally. For technical new regulation. (``carbamate wastes'') (61 FR 15566, After EPA published the Phase III rule April 8, 1996). The treatment standards information on the carbamate treatment standards, contact Shaun McGarvey in on April 8, 1996, but shortly before the were expressed as levels of chemical treatment standards took effect on July constituents that had to be measured in the Office of Solid Waste, phone 703± 308±8603. For specific information 8, several companies in the waste treatment residues before land disposal. management industry again contacted They became effective July 8, 1996. about this rule, contact Rhonda Craig, phone 703±308±8771. EPA reporting that analytic laboratory The Agency recently has become standards were in fact not available for aware, however, of a serious analytic SUPPLEMENTARY INFORMATION: some of the carbamate waste monitoring problem associated with the I. Background constituents. The Agency contacted carbamate constituent treatment several laboratories (see Memorandum standards. Laboratory standards The Phase III final rule established to the Docket from Shaun McGarvey, (chemicals used to calibrate laboratory treatment standards for 64 listed EPA, August 1, 1996). EPA now agrees instruments) do not exist for every hazardous wastes associated with that the waste management industry carbamate constituent. Since carbamate pesticide production (61 FR was unintentionally left in a quandary: commercial laboratories currently are 15583; see also the attached appendix they were required to certify compliance unable to analyze all of the carbamate for the list of carbamate wastes). The with the carbamate waste treatment waste constituents, treatment facilities treatment standards were at Universal standards but commercial laboratories cannot certify that the LDR treatment Treatment Standard (UTS) levels for 21 indicated that they were only able to standards have been achieved. Today's of the constituents of concern (16 perform the necessary analyses for some final rule revises the carbamate waste organic constituents and 5 metals), and of the newly regulated constituents. treatment standards for one year from at newly-established levels for 42 other Thus, it would be impossible to the date of publication by allowing constituents that were added to the UTS document that the treatment standards carbamate wastes to be treated either by list. were or were not achieved for those any technology which achieves the The wastewater standards for the 42 constituents which cannot be analyzed. constituent concentration levels new constituents were based on data The problem was complicated by the promulgated in the Phase III rule, or by developed by the Office of Water for the LDR rules that pertain to regulation of treatment technologies specified in this development of effluent guideline underlying hazardous constituents final rule as alternative treatment limitations, or on data transferred from (UHCs) in characteristic (or formerly standards. This rule also suspends the other UTS constituents. These data characteristic) hazardous wastes. requirement to treat carbamate waste reflected performance of biodegradation, Because 42 new carbamate constituents constituents when they are expected to combustion, carbon adsorption, or have been added to the UTS list (61 FR be present in ignitable, corrosive, chemical oxidation. 15584), they thus become UHCs. Under reactive or toxic hazardous wastes as There were no sampling data from the regulations published on May 24, ``underlying hazardous constituents.'' treatment of carbamate nonwastewaters 1993 (the ``Emergency Rule,'' 58 FR The Agency believes that these at the time treatment standards were 29860; codified at 40 CFR 268.2(i), temporary alternative treatment being developed; thus, the 268.7(a) and 268.9), and on September standards will assure that carbamate nonwastewater treatment standard 19, 1994 (Phase II Rule, 59 FR 47982; wastes are adequately treated prior to levels were calculated using analytical same citations as above), whenever a land disposal, while providing time for detection limits, based on EPA's generator sends a characteristic (or analytic chemical standards to be experience that combustion formerly-characteristic) waste to a developed. At the end of the year EPA technologies destroy organic treatment facility, they must identify for expects that laboratories will be able to constituents to nondetectable levels. To treatment not only the hazardous perform the analyses necessary to account for variability, the treatment characteristic, but also all UHCs measure compliance with treatment standards were based on the detection reasonably expected to be present in the levels. At that time, therefore, the LDR limit for the waste constituent times a waste at the point of generation. treatment standards for carbamate variability factor. (See BDAT Because of the lack of laboratory VerDate 23-AUG-96 20:13 Aug 23, 1996 Jkt 010199 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\P26AU0.PT3 26aur3 Federal Register / Vol. 61, No. 166 / Monday, August 26, 1996 / Rules and Regulations 43925 standards for all carbamate constituents, compliance with the treatment levels for regulated community cannot fully generators could not in all cases identify such a waste could easily be measured. document compliance with the the UHCs reasonably expected to be The Agency's preference, ultimately, requirements of the treatment standard present in their wastes, and treatment is to establish only constituent through no fault of their own. For the facilities and EPA could not monitor treatment standard levels for these same reason, EPA cannot ascertain compliance with the standards for the wastes. The Agency believes that compliance for these constituents. carbamate UHCs. compliance with treatment levels In addition, this unavailability of provides maximum flexibility in analytic standards is likely to create a II. The Revised Carbamate Treatment selecting treatment technologies, while serious disruption in the production of Standards ensuring that the technologies are at least some carbamate pesticides. This final rule establishes temporary optimally operated to achieve full waste Although the treatment of the restricted treatment standards for carbamate treatment. Therefore, the alternative carbamate wastes through wastes for a one-year period. EPA specified treatment technologies only biodegradation, carbon adsorption, believes that one year is sufficient time temporarily satisfy the LDR treatment chemical oxidation (for wastewaters), for laboratory standards to be developed standards. The treatment standards will and combustion is both possible and and for laboratories to take appropriate revert exclusively to treatment levels at highly effective, certification that the steps to do the necessary analyses for the end of one year. treatment actually meets the treatment these wastes. The temporary alternative The Agency is also temporarily standard levels may not be possible in treatment standards will be in effect for suspending inclusion of carbamate many instances. Without the one year from the date of publication of waste constituents on the UTS list at 40 certification, disposal of the residuals this final rule. CFR 268.48. Not including these left after treatment cannot legally occur. The Phase III rule required treatment constituents