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 § 261.32Ðwastewaters 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)Ð 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.