[Federal Register Volume 60, Number 27 (Thursday, February 9, 1995)]
[Rules and Regulations]
[Pages 7824-7859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2983]




[[Page 7823]]

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Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 261, 271, and 302



Hazardous Waste: Identification and Listing; Carbamate Production; 
Final Rule

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 261, 271, and 302

[SWH-FRL-5150-3]
RIN 2050-AD59


Hazardous Waste Management System; Carbamate Production 
Identification and Listing of Hazardous Waste; and CERCLA Hazardous 
Substance Designation and Reportable Quantities

AGENCY: U.S. Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Environmental Protection Agency (EPA) is amending the 
regulations for hazardous waste management under the Resource 
Conservation and Recovery Act (RCRA) to reduce hazards to human health 
and the environment from the ongoing manufacture of carbamate 
chemicals, which are formulated for use as pesticides and in the 
production of synthetic rubber. EPA is listing as hazardous six wastes 
generated during the production of carbamate chemicals. EPA is 
providing an exemption from the definition of hazardous waste for 
certain wastes, if the generator demonstrates that hazardous air 
pollutants are not being discharged or volatilized during waste 
treatment. EPA is also exempting from the definition of hazardous 
wastes biological treatment sludges generated from the treatment of 
certain wastes provided the sludges do not display any of the 
characteristics of a hazardous waste (i.e., ignitability, corrosivity, 
reactivity, or toxicity). The Agency is also adding 58 specific 
chemicals to the list of commercial chemical products that are 
hazardous wastes when discarded and to the list of hazardous 
constituents upon which listing determinations are based. EPA is 
deferring action on 12 specific chemicals and 4 generic categories.
    This action is taken under the authority of sections 3001(e)(2) and 
3001(b)(1) of the Hazardous and Solid Waste Amendments of 1984 (HSWA), 
which direct EPA to make a hazardous waste listing determination for 
carbamate wastes. The effect of listing these wastes will be to subject 
them to regulation as hazardous wastes under subtitle C of RCRA; and 
the notification requirements of section 103 under the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA). EPA 
is not taking action at this time to adjust the one-pound statutory 
reportable quantities (RQs) for these substances.

EFFECTIVE DATE: This final rule is effective August 9, 1995.

ADDRESSES: The official record of this rulemaking is identified by 
Docket Number F-95-CPLF-FFFFF and is located at the following address. 
EPA RCRA Docket Clerk Room 2616 (5305), U.S. Environmental Protection 
Agency, 401 M Street, SW., Washington, DC 20460.
    The docket is open from 9 a.m. to 4 p.m., Monday through Friday, 
excluding Federal holidays. The public must make an appointment to 
review docket materials by calling (202) 260-9327. The public may copy 
100 pages from the docket at no charge; additional copies are $0.15 per 
page.

FOR FURTHER INFORMATION CONTACT: The RCRA/Superfund Hotline, toll-free, 
at (800) 424-9346 or at (703) 920-9810. The TDD Hotline number is (800) 
553-7672 (toll-free) or (703) 486-3323 in the Washington, DC 
metropolitan area. For technical information on the RCRA hazardous 
waste listings, contact John Austin, Office of Solid Waste (5304), U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC, 
20460, (202) 260-4789.
    For technical information on the CERCLA aspects of this rule, 
contact: Ms. Gerain H. Perry, Response Standards and Criteria Branch, 
Emergency Response Division (5202G), U.S. Environmental Protection 
Agency, 401 M Street, SW, Washington, DC, 20460, (703) 603-8760.

SUPPLEMENTARY INFORMATION: The contents of the preamble to this final 
rule are listed in the following outline:

I. Legal Authority
II. Background
III. Summary of Proposal
    A. Proposed New Hazardous Wastes
    B. Determinations Not To List Certain Carbamate Wastes as 
Hazardous Waste
    C. Exemptions
IV. Changes to the Proposed Rule
    A. Exemptions
    B. Appendix VII and Appendix VIII
    C. Listing of Commercial Chemical Products
V. Response to Comments
    A. Scope of Listing
    1. Definition of Carbamates
    2. Listing Obligations
    3. Specific Substances
    4. Definition of Production
    5. Requests for Additions to the Listings
    B. Listing Exemptions
    1. K157 Exemption
    2. K156 Exemption
    3. Wastewater Treatment Sludge Exemption
    C. Basis for Listing/No List
    D. Conflict with Other Regulatory Initiatives
    E. Constituents of Concern for Appendix VII
    F. Constituents of Concern for Appendix VIII
    G. P Listings
    H. U Listings
    I. Toxicity Information
    J. Risk Assessment
    1. Comments Asserting that the Risk Assessment Understates Risk
    2. Comments Asserting that the Risk Assessment Overstates Risk
    K. CERCLA RQs
    L. Regulatory Impact Analysis
    M. Impact on Recycling and Reuse
    N. Executive Orders
    O. Paperwork Reduction Act
    P. Compliance Schedule
VI. Compliance and Implementation
    A. State Authority
    1. Applicability of Rules in Authorized States
    2. Effect on State Authorizations
    B. Effective Date
    C. Section 3010 Notification
    D. Generators and Transporters
    E. Facilities Subject to Permitting
    1. Facilities Newly Subject to RCRA Permit
    2. Interim Status Facilities
    3. Permitted facilities
    4. Units
    5. Closure
VII. CERCLA Designation and Reportable Quantities
VIII. Executive Order 12866
IX. Economic Analysis
    A. Compliance Costs for Listings
    1. Universe of Carbamate Production Facilities and Waste Volumes
    2. Method for Determining Cost and Economic Impacts
    3. P and U List Wastes
    4. Potential Remedial Action Costs
    5. Summary of Results
    B. Impacts
X. Regulatory Flexibility Act
XI. Paperwork Reduction Act

I. Legal Authority

    These regulations are being promulgated under the authority of 
Sections 2002(a) and 3001 (b) and (e)(1) of the Solid Waste Disposal 
Act, as amended, 42 U.S.C. 6912(a), and 6921 (b) and (e)(1) (commonly 
referred to as RCRA), and section 102(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(CERCLA), 42 U.S.C. 9602(a).

II. Background

A. Introduction

    As part of its regulations implementing Section 3001(e) of the 
Resource Conservation and Recovery Act of 1976, as amended (RCRA), EPA 
published a list of hazardous wastes that includes hazardous wastes 
generated from specific sources. This list has been amended several 
times, and is published in 40 CFR 261.32. In this action, EPA is 
amending this section to [[Page 7825]] add six wastes generated during 
the production of carbamate chemicals. In addition, under the authority 
of section 3001 of RCRA, EPA maintains at 40 CFR 261.33 a list of 
commercial chemical products or manufacturing chemical intermediates 
that are hazardous wastes if they are discarded or intended to be 
discarded. In this action, the Agency is amending 40 CFR 261.33 to add 
58 specific materials to this list.
    All hazardous wastes listed under RCRA and codified in 40 CFR 
Secs. 261.31 through 261.33, as well as any solid waste that exhibits 
one or more of the characteristics of a RCRA hazardous waste (as 
defined in 40 CFR Sections 261.21 through 261.24), are also hazardous 
substances under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA), as amended. See 
CERCLA Section 101(14)(C). CERCLA hazardous substances are listed in 
Table 302.4 at 40 CFR 302.4 along with their reportable quantities 
(RQs). Accordingly, the Agency is adding the newly identified wastes in 
its action as CERCLA hazardous substances in Table 302.4 of 40 CFR 
302.4. EPA is not taking action at this time to adjust the one-pound 
statutory RQs for these substances.

III. Summary of Proposal

A. Proposed New Hazardous Wastes

    In the March 1, 1994 proposed rule (59 FR 9808) the Agency proposed 
to list as hazardous six wastes generated during the production of 
carbamates:

K156--Organic waste (including heavy ends, still bottoms, light ends, 
spent solvents, filtrates, and decantates) from the production of 
carbamates and carbamoyl oximes.
K157--Wastewaters (including scrubber waters, condenser waters, 
washwaters, and separation waters) from the production of carbamates 
and carbamoyl oximes.
K158--Bag house dust, and filter/separation solids from the production 
of carbamates and carbamoyl oximes.
K159--Organics from the treatment of thiocarbamate wastes.
K160--Solids (including filter wastes, separation solids, and spent 
catalysts) from the production of thiocarbamates and solids from the 
treatment of thiocarbamate wastes.
K161--Purification solids (including filtration, evaporation, 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.)

The Agency proposed adding K156, K157, K158, K159, K160, and K161 to 40 
CFR 261.32 because the wastes satisfy the criteria in 40 CFR 
261.11(a)(1-3) for listing hazardous wastes.
    The Agency also proposed to add 70 substances and 4 generic classes 
of chemicals to 40 CFR 261.33. EPA maintains at 40 CFR 261.33 a list of 
discarded commercial chemical products, off specification species, 
container residues, and spill residues thereof, which are regulated as 
hazardous wastes. The Agency proposed to list 22 of the 70 substances 
as acutely hazardous under 40 CFR 261.33(e), because toxicological 
studies have found the substances to be fatal to humans in low doses or 
in the absence of data on human toxicity, it has been shown in animal 
studies to have an oral (rat) LD50 of less than 50 milligrams per 
kilogram, a dermal (rabbit) LD50 of less than 200 milligrams per 
kilogram, an inhalation (rat) LC50 of less than 2 mg/L, or is otherwise 
capable of causing or significantly contributing to serious illness 
(see 40 CFR 261.11(a)(2)). The remaining 48 substances and 4 generic 
classes of carbamate chemicals (i.e., carbamates, carbamoyl oximes, 
thiocarbamates, and dithiocarbamates) were proposed to be listed under 
40 CFR 261.33(f) as toxic hazardous wastes pursuant to 40 CFR 
261.11(a)(3). These substances were listed in Tables 5 and 6 of the 
proposed rule (59 FR 9812).

B. Determinations Not To List Certain Carbamate Wastes as Hazardous 
Waste

    As a result of the Agency's studies, a number of generic groups of 
wastes produced from the manufacture of carbamates, carbamoyl oximes, 
thiocarbamates, and dithiocarbamates were not found by the Agency to 
require additional regulation as a listed hazardous waste under RCRA. 
The Agency proposed to not list as hazardous the following categories 
of wastes:

--Spent carbon and waste water treatment sludges from the production of 
carbamates and carbamoyl oximes
--Wastewaters from the production of thiocarbamates and treatment of 
wastes from thiocarbamate production
--Process Wastewater (including supernates, filtrates, and washwaters) 
from the production of dithiocarbamates
--Reactor vent scrubber water from the production of dithiocarbamates
--Organic wastes (including spent solvents, solvent rinses, process 
decantates, and still bottoms) from the production of dithiocarbamates)

C. Exemptions

    For wastewaters from the production of carbamate and carbamoyl 
oxime chemicals (Hazardous waste code K157), the Agency proposed to 
exempt from the definition of hazardous waste those wastewaters that do 
not exceed a total concentration of 5 parts per million by weight 
(ppmwt) of formaldehyde, methyl chloride, methylene chloride, and 
triethylamine. Under Sec. 261.3(a)(2)(iv), the new exemptions to the 
definition of hazardous wastes, the exemption was proposed to read as 
follows:

Sec. 261.3(a)(2)(iv) * * *; or

    (F) One or more of the following wastes listed in Sec. 261.32--
wastewaters from the production of carbamates and carbamoyl oximes 
(EPA Hazardous Waste No. K157)--Provided, that the maximum weekly 
usage of formaldehyde, methyl chloride, methylene chloride, and 
triethylamine (including all amounts that can not be demonstrated to 
be reacted in the process or is recovered, i.e., what is discharged 
or volatilized) divided by the average weekly flow of process 
wastewater prior to any dilutions into the headworks of the 
facility's wastewater treatment system does not exceed a total of 5 
parts per million by weight.

    The Agency also proposed to specifically exempt biological 
treatment sludges from the treatment of wastewaters from the production 
of carbamates and carbamoyl oximes from the definition of hazardous 
waste. Under Sec. 263.3(c)(2)(ii), a new exemption to the definition of 
hazardous wastes is created for sludges from the biological treatment 
of these wastewaters. This new exemption was proposed to read as 
follows:

Sec. 261.3(c)(2)(ii) * * *

    (D) Biological treatment sludge from the treatment of one of the 
following wastes listed in Sec. 261.32--wastewaters from the 
production of carbamates and carbamoyl oximes (EPA Hazardous Waste 
No. K157).

IV. Changes to the Proposed Rule

A. Exemptions

    The Agency is finalizing a regulatory strategy which allows for a 
concentration-based exemption from the K156 and K157 listings. In the 
March 1, 1994 proposed rule, a concentration-based exemption was 
specifically proposed only for K157. Using models to calculate the 
atmospheric concentrations of chemicals of concern resulting from the 
management of K157 and wastewaters derived from K156, the Agency found 
that for these wastewaters a total concentration of 5 parts per million 
by weight (ppmwt) would be protective for wastewaters containing 
formaldehyde, methyl chloride, [[Page 7826]] methylene chloride, and 
triethylamine. Assuming further wastewater treatment as necessary 
before discharge, under the plausible mismanagement scenario of 
treatment in open tanks for K157 or wastewater derived from the 
treatment of K156, the Agency views this level as protective of human 
health and the environment. In addition, EPA notes that the 40 CFR Part 
268 land disposal restrictions would not apply to wastes managed in 
tanks except to the extent the wastes were also managed in land-based 
units such as surface impoundments. Because the wastewaters from the 
treatment of K156 are similar to K157 wastes in composition and 
management, the Agency foresees no significant risks from the exemption 
of K156 wastes derived from K156 in the same manner as K157 and is 
finalizing a concentration-based exemption to the listing description 
of both K157 wastewaters, and wastewaters derived from the treatment of 
K156 organic wastes.
    In response to comment, the Agency is modifying the exemption 
proposed to allow that portion of the chemicals of concern which is 
``destroyed through treatment'' to be considered in the mass balance 
determination of exemption status. Under Sec. 261.3(a)(2)(iv), new 
exemptions to the definition of hazardous wastes are created for these 
wastewaters. These new exemptions read (changes to proposal in bold):

Sec. 261.3(a)(2)(iv) * * *; or

    (F) One or more of the following wastes listed in Sec. 261.32--
wastewaters from the production of carbamates and carbamoyl oximes 
(EPA Hazardous Waste No. K157)--Provided that the maximum weekly 
usage of formaldehyde, methyl chloride, methylene chloride, and 
triethylamine (including all amounts that can not be demonstrated to 
be reacted in the process, destroyed through treatment, or is 
recovered, i.e., what is discharged or volatilized) divided by the 
average weekly flow of process wastewater prior to any dilutions 
into the headworks of the facility's wastewater treatment system 
does not exceed a total of 5 parts per million by weight; or
    (G) Wastewaters derived from the treatment of one or more of the 
following wastes listed in Sec. 261.32--organic waste (including 
heavy ends still bottoms, light ends, spent solvents, filtrates, and 
decantates) from the production of carbamates and carbamoyl oximes 
(EPA Hazardous Waste No. K156).--Provided, that the maximum 
concentration of formaldehyde, methyl chloride, methylene chloride, 
and triethylamine prior to any dilutions into the headworks of the 
facility's wastewater treatment system does not exceed a total of 5 
milligrams per liter.

    Under these exemptions, wastes which are calculated to contain less 
than a total concentration of 5 ppmwt for the sum of the four 
constituents of concern would not be hazardous wastes, and any sludges 
generated from further biological treatment would not be derived from 
hazardous wastes, assuming wastewaters are <5 ppmwt at the point of 
generation.
    The Agency is not requiring that generators taking advantage of the 
K157 exemption actually monitor the concentration of the constituents 
of concern in untreated wastewater, but uses the same strategy used in 
other exemptions for wastewaters discharged into the headworks of a 
wastewater treatment system found at 40 CFR 261.3(a)(2)(4) (46 FR 
56582, November 17, 1981). A generator must be able to demonstrate that 
the total amount of all constituents of concern that is discharged to 
the environment during the production week divided by the average 
weekly flow of the process unit discharge into the headworks of the 
final wastewater treatment step not exceed the standards.
    This demonstration can be made through an audit of various records 
already maintained at most facilities, including invoices showing 
material purchases, lists including to whom and how much inventory was 
distributed and other, similar, operating records. A facility can 
exclude that portion of the constituents of concern not disposed to 
wastewaters. No portion of the material of concern which is volatilized 
may be excluded from the calculation. Under current regulations (40 CFR 
262.11 and 268.7) generators are required to determine whether their 
wastes are hazardous. Facilities claiming the exemption would have to 
be able to demonstrate that they meet the exemption. Such information 
would be intended to verify compliance with this concentration 
standard. An EPA inspector would look to this information to verify the 
assessment made by the generator, and may employ direct analytical 
testing as further verification. If either measurement indicate a total 
concentration greater than 5 ppmwt for the sum of the concentrations of 
the four chemicals of concern, then the wastes is subject to regulation 
as K157 hazardous waste. In this manner, the Agency seeks to discourage 
and prevent air stripping or other technologies which would merely 
continue to volatilize these pollutants of concern.
    Commenters argued and the Agency agrees that wastes derived from 
K156 are no longer hazardous wastes provided that the maximum 
concentration of formaldehyde, methyl chloride, methylene chloride, and 
triethylamine prior to any dilutions into the headworks of the 
facility's wastewater treatment system does not exceed a total of 5 
milligrams per liter. In the case of wastewaters derived from the 
treatment of K156 wastes, other wastes may be commingled for treatment. 
However, other hazardous wastes mixed with K156 or K157 wastes are not 
exempt. Records of incinerator feed rates and destruction efficiency 
can be used to support a facilities claim of exemption. A facility can 
demonstrate that it meets either of these exemptions only in part by 
direct effluent measurement at the headworks. In each case, the 
facility must also incorporate any emissions from the treatment system 
prior to the headworks in the overall determination of regulatory 
status.
    The Agency is also expanding the proposed exemption of K157 
wastewater treatment sludges to include sludges from the treatment of 
K156 wastes. The Agency is specifically exempting biological treatment 
sludges from the treatment of K156 and K157 wastes from the production 
of carbamates and carbamoyl oximes from the definition of hazardous 
waste, because it has characterized these sludges and found that they 
do not pose significant risks to human health or the environment in the 
advent of plausible mismanagement. Under Sec. 263.3(c)(2)(ii), a new 
exemption to the definition of hazardous wastes is created for sludges 
from the biological treatment of these wastewaters. This new exemption 
would read (changes to proposal in bold):

Sec. 261.3(c)(2)(ii) * * *

    (D) Biological treatment sludge from the treatment of one of the 
following wastes listed in Sec. 261.32--organic waste (including 
heavy ends still bottoms, light ends, spent solvents, filtrates, and 
decantates) from the production of carbamates and carbamoyl oximes 
(EPA Hazardous Waste No. K156), and wastewaters from the production 
of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157).

    Without exemption, a large volume of previously disposed wastes and 
sludge currently collecting within the various treatment systems would 
require management as hazardous waste under the derived-from rule (40 
CFR 261.3(c)(2)). However, in the case of the biological sludges from 
the treatment of carbamate and carbamoyl oxime wastewaters, the Agency 
could only identify risks resulting from the hazardous volatile air 
pollutants present in the wastewaters being treated. Neither these air 
pollutants nor other hazardous substances were found to be accumulating 
in the biological treatment [[Page 7827]] sludges studied by the 
Agency. Therefore, the Agency finds that these sludges do not meet the 
definition of hazardous waste, and is exempting these sludges derived 
from K156 and K157 wastes from the definition of hazardous wastes, 
provided the wastes are not otherwise characteristically hazardous. EPA 
believes that this exemption is particularly appropriate because of the 
small number of facilities in this industry and the Agency's thorough 
investigation of carbamate wastes.

B. Appendix VII and Appendix VIII

    In the March 1, 1994 proposed rule, the Agency had proposed the 
listing of acetone, hexane, methanol, methyl isobutyl ketone, and 
xylene as part of the basis for listing of one or more hazardous wastes 
in part 261 appendix VII and as hazardous constituents for addition to 
part 261 appendix VIII. Because these constituents were not significant 
in the Agency's multipathway risk assessment, the Agency is not 
finalizing the addition of acetone, hexane, methanol, methyl isobutyl 
ketone, and xylene to part 261 appendix VII. Furthermore, because these 
constituents are no longer significant to the carbamate industry, and 
their addition to appendix VIII could have far reaching impact, the 
Agency is also not adding these solvents to appendix VIII.
    In reassessing the basis for listing, the Agency discovered that 
although formaldehyde in K156 wastes had demonstrated significant risks 
via the direct inhalation pathway (59 FR 9827) it was inadvertently 
omitted from the appendix VII basis of listing in the Federal Register 
notice for the proposed rule. The presence and risks attributed to 
formaldehyde in K156 waste are clearly documented in the proposal. The 
Agency has corrected this omission and added formaldehyde to the 
appendix VII basis for listing of K156. The Agency is also correcting 
the inadvertent omission of antimony and arsenic to the appendix VII 
basis of listing for K161 (see 59 FR 9830 and 9835).
    Commenters also brought to the Agency's attention, that Agency had 
not listed the generic listings of carbamates, carbamoyl oximes, 
thiocarbamates, or dithiocarbamates, N.O.S. to appendix VIII. Based on 
either direct toxicological studies or the extrapolation of existing 
studies to the chemical group, the Agency finds each member of these 
groups may exhibit toxicological properties or degrade to other known 
toxic substances. As stated previously, the Agency is deferring the 
addition of the generic U360 through U363 listings until comment is 
taken of options to narrow their scope. This inadvertent omission of 
addition of these categories to appendix VIII will be corrected in the 
future rulemaking. Therefore, the Agency has not finalized the addition 
of these generic descriptions to appendix VII.

C. Listing of Commercial Chemical Products

    The March 1, 1994 notice (59 FR 9808) proposed the addition of 22 
substances to 40 CFR 261.33(e). This final action adds 18 of the 22 
substances to the list of acutely hazardous wastes. After evaluation of 
comments received, four substances (bendiocarb, thiophanate-methyl, 
thiodicarb, and propoxur), proposed for addition to 40 CFR 261.33(e) as 
acutely hazardous, are instead being added to 40 CFR 261.33(f) as toxic 
wastes when discarded. In each case, the Agency found that these four 
substances did not meet the Sec. 261.11(a)(2) criteria for listing in 
Sec. 261.33(e).
    In the case of propoxur, the Agency has examined the more current 
inhalation studies provided, as well as additional studies performed on 
propoxur concentrates, and finds that these more recent studies 
indicate a 1-hour inhalation LC50 near, but greater than, 2 mg/L. The 
Agency was unable to document the quality of the prior study or all 
study protocols. Therefore, the EPA is finalizing the listing of 
propoxur as a U-waste, rather than as a ``P'' list waste, and 
designating propoxur as U411.
    In the case of bendiocarb, thiophanate-methyl, and thiodicarb, it 
was noted that the Agency had based its decision on 4-hour exposure 
studies rather than 1-hour exposure studies consistent with the 
toxicological criteria of 40 CFR 261.11(a)(2). The Agency has 
reevaluated each of the compounds LC50 (1-hour) inhalation toxicity and 
based on these and the other toxicological results presented in the 
proposal is finalizing these three substances as toxic rather than 
acute hazardous wastes.

             Table 1.--List of Proposed Acute Hazardous Wastes Being Added as Toxic Hazardous Wastes            
----------------------------------------------------------------------------------------------------------------
   Hazardous                                                                                                    
   waste No.               Toxic hazardous wastes--CAS 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             23564-05-8
                 (Thiophanate-methyl).                                                                          
U410..........  Ethanimidothioic acid, N,N'-[thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester   59669-26-0
                 (Thiodicarb).                                                                                  
U411..........  Phenol, 2-(1-methylethoxy)-, methylcarbamate (Propoxur)............................     114-26-1
----------------------------------------------------------------------------------------------------------------

    The Agency believes that as proposed the generic listing 
descriptions may be overly broad. Therefore, the Agency is not 
finalizing at this time the four proposed generic U listings (U360 
through U363). With regard to the generic listings, the Agency believes 
that each generic group exhibits significant toxicological properties 
either directly from the chemicals themselves or their potential 
degradation products and that the range of variability in these effects 
in each case may pose risks to human health and the environment. As a 
result, the Agency is not finalizing the generic U listings (U360 
through U363) at this time, and will take comment at a future date on 
options to narrow the scope of the U360--U363 listings.
    The Agency also evaluated the toxicological data for each waste 
proposed for addition to 40 CFR Sec. 261.33(f). After review of the 
available toxicological data, 12 compounds were not considered to have 
adequate toxicological data or predicted toxicity values in the record 
to finalize these listings at this time. The Agency is deferring action 
on these 12 substances.
    The Agency has performed a more rigorous quantitative structure 
activity relationship analysis (QSAR) to predict the aquatic toxicity 
of each of the 12 deferred chemicals. The results of the QSAR analysis 
supports the Agency's conclusion that carbamates, carbamoyl oximes, 
thiocarbamates, and dithiocarbamates are highly toxic to aquatic 
species. The results of these studies are presented in Table 2 and 
included in the Docket (see ADDRESSES). The Agency will present these 
studies and the methodology used for public [[Page 7828]] comment 
during a planned reproposal of the 12 deferred chemicals.

                         Table 2.--QSAR Results for Deferred Discarded Chemical Products                        
----------------------------------------------------------------------------------------------------------------
                                                                                             Fish       Daphnid 
                 Toxic hazardous wastes                Fish 96-h LD50     Daphnid 48-h      chronic     chronic 
  Waste code     CAS name (common name     CAS No.          mg/L            LC50 mg/L        value       value  
                    in parentheses)                                                       (ChV) mg/L  (ChV) mg/L
----------------------------------------------------------------------------------------------------------------
U368..........  Antimony tris             15890-25-2  0.09............  0.35............       0.004       0.01 
                 (dipentylcarbamodithio                                                                         
                 ato-S,S')- (Antimony                                                                           
                 trisdipentyldithiocarb                                                                         
                 amate).                                                                                        
U369..........  Antimony, tris[bis(2-     15991-76-1  ................  ................       0.001       0.003
                 ethylhexyl)carbamodith                                                                         
                 ioato-S,S']-,                                                                                  
                 (Antimony tris(2-                                                                              
                 ethylhexyl)dithiocarba                                                                         
                 mate).                                                                                         
U370..........  Bismuth,                  21260-46-8  1.8.............  0.63............       0.03        0.06 
                 tris(dimethylcarbamodi                                                                         
                 thioato-S,S'-,                                                                                 
                 (Bismuth                                                                                       
                 tris(dimethyldithiocar                                                                         
                 bamate)).                                                                                      
U371..........  Carbamic acid,            65086-85-3  190.0...........  30.0............      20.0         3.0  
                 [(dimethylamino)iminom                                                                         
                 ethyl)] methyl, ethyl                                                                          
                 ester                                                                                          
                 monohydrochloride                                                                              
                 (Hexazinone                                                                                    
                 intermediate).                                                                                 
U374..........  Carbamic acid, [[3-      112006-94-7  870.0...........  1000.0..........      90.0       100.0  
                 [(dimethylamino)                                                                               
                 carbonyl]-2-                                                                                   
                 pyridinyl]sulfonyl]-                                                                           
                 phenyl ester (U9069).                                                                          
U380..........  Carbamodithioic acid,     10254-57-6  ................  ................       0.01        0.06 
                 dibutyl-, methylene                                                                            
                 ester.                                                                                         
U388..........  Carbamothioic acid,       85785-20-2  3.9.............  3.9.............       0.40        0.40 
                 (1,2-dimethylpropyl)                 0.46--Carp 28-d                                           
                 ethyl-, S-                            TSCASec. 8E                                              
                 (phenylmethyl) ester                  8379                                                     
                 (Esprocarb).                                                                                   
U397..........  Lead,                     36501-84-5  0.07............  0.29............       0.003       0.008
                 bis(dipentylcarbamodit                                                                         
                 hioato-S,S')- (Lead,                                                                           
                 bis                                                                                            
                 (dipentyldithiocarbama                                                                         
                 to)).                                                                                          
U398..........  Molybdenum,               68412-26-0  4.0.............  1.7.............       0.20        0.25 
                 bis(dibutylcarbamothio                                                                         
                 ato)- di-.mu.-                                                                                 
                 oxodioxodi-,                                                                                   
                 sulfurized.                                                                                    
U399..........  Nickel,                   13927-77-0  0.12............  0.26............       0.004       0.01 
                 bis(dibutylcarbamodith                                                                         
                 ioato-S,S')- (Nickel                                                                           
                 dibutyldithiocarbamate                                                                         
                 ).                                                                                             
U405..........  Zinc, bis[bis             14726-36-4  0.10............  0.30............       0.004       0.01 
                 (phenylmethyl)                                                                                 
                 carbamodithioato-S,S']-                                                                        
                  (Zinc                                                                                         
                 dibenzyldithiocarbamat                                                                         
                 e).                                                                                            
U406..........  Zinc,                       136-23-2  0.12............  0.26............       0.004       0.01 
                 bis(dibutylcarbamodith                                 0.74--daphinid                          
                 ioato-S,S')- (Butyl                                     48-h TSCASec.                          
                 Ziram).                                                 8E 9739                                
----------------------------------------------------------------------------------------------------------------

V. Response to Comments

    The Agency is responding in this preamble to the most significant 
comments received in response to both the notice of March 1, 1994 (59 
FR 9808) and the single comment received on carbamates that were part 
of the ``Michigan List'' proposal1 (49 FR 49784, December 21, 
1984).

    \1\In response to a petition for rulemaking filed by the State 
of Michigan, the EPA proposed to add 109 chemicals to the list of 
commercial chemical products that are hazardous when discarded.
---------------------------------------------------------------------------

    Other comments received by the Agency are addressed in the Response 
to Comments Background Document that is available in the docket 
associated with this rulemaking.

A. Scope of Listing

1. Definition of Carbamates
    Many commenters were confused by the scope of the listings and 
found it difficult to determine whether their production processes and 
discarded products were in the scope of wastes included in the 
listings. Many commenters believed that the definition of a carbamates 
was too vague and that any number of compounds could be considered 
carbamates. Commenters requested that EPA specifically define each of 
the four generic classes of carbamate compounds (carbamates, carbamoyl 
oximes, thiocarbamates, and dithiocarbamates) along with the scientific 
rationale for each definition and to footnote the regulation with those 
definitions.
    In the March 1, 1994, proposal (59 FR 9808), the Agency included 
the definition of carbamate in the engineering background document (F-
94-CPLF-S0001). In response to comments that the categories are not 
sufficiently defined, EPA is providing additional clarification of the 
chemical characteristics of each of the specific groups listed above. A 
discussion of the term carbamate follows.

Chemical Definitions

    Carbamates are salts or esters of carbamic acid. Today's 
regulations impact the production of chemicals of four distinct 
functionalities: carbamates, carbamoyl oximes, thiocarbamates, and 
dithiocarbamates. The production of chemicals in these four groups, 
comprise the ``carbamate industry'' studied by EPA in this rulemaking 
proceeding.

Carbamates

    A carbamic acid ester is a compound that has the following 
structure:
[GRAPHIC][TIFF OMITTED]TR09FE95.000


Where R1 and R2 can be identified as a hydrogen atom or any 
organic group beginning with a carbon sequence, and R3 must be an 
organic group beginning with a carbon atom. The substitution of a metal 
cation at the R3 position will result in a carbamate salt. 
Polyurethanes (i.e., polymers consisting of linked carbamate esters) 
are not within the scope of this rulemaking. Polyurethanes are large 
molecular structures which are unlikely to be bioavailable and which do 
not exhibit the toxicological [[Page 7829]] properties of unlinked 
carbamate esters. For the purpose of this rulemaking, all salts or 
esters of carbamic acids with molecular weight less than 1000 daltons 
and/or Log octanol/water partition coefficient values of less than 8 
are included.

Carbamoyl Oximes

    A carbamoyl oxime has the following chemical structure:
[GRAPHIC][TIFF OMITTED]TR09FE95.001


Carbamoyl oximes are a combination of the carbamate functionality and 
the oxime functionality. Oximes are characterized by the structure RO-
N=C-R1,R2 where R1 and R2 can be a hydrogen or any 
organic group beginning with a carbon atom. The oxygen atom of the 
carbamate structure is used as a bonding point between the carbamate 
and oxime groups as shown in the following diagram:

BILLING CODE 6560-50-P

[GRAPHIC][TIFF OMITTED]TR09FE95.002



BILLING CODE 6560-50-C

For the purpose of this rulemaking, all salts or esters of carbamoyl 
oximes with molecular weight less than 1000 daltons and/or Log octanol/
water partition coefficient values of less than 8 are included.

Thiocarbamates

    Thiocarbamates may be produced from the reaction of a carbamoyl 
chloride with a mercaptan and differ from carbamates by the 
substitution of either oxygen atom with a sulfur atom as shown in the 
following diagram:
[GRAPHIC][TIFF OMITTED]TR09FE95.003


For the purpose of this rulemaking, all salts or esters of thiocarbamic 
acids with molecular weight less than 1000 daltons and/or Log octanol/
water partition coefficient values of less than 8 are included.

Dithiocarbamates

    The dithiocarbamate differ from carbamates in that each oxygen atom 
of the C(=O))O moiety is replaced with sulfur atoms. Dithiocarbamate 
esters have the following generic structure:
[GRAPHIC][TIFF OMITTED]TR09FE95.004


    Dithiocarbamic acid is commercially important but is very unstable. 
As a result, it is often isolated as a metal salt. Usually, one or more 
hydrogen atoms on the amine function are replaced by an organic group. 
The following figure shows a typical reaction to produce a 
dithiocarbamic acid salt:
[GRAPHIC][TIFF OMITTED]TR09FE95.005


For the purpose of this rulemaking, all salts or esters of 
dithiocarbamic acids with molecular weight less than 1000 daltons and/
or Log octanol/water partition coefficient values of less than 8 are 
included. Thiocarbamoylsulfenamides which are derivatives of 
dithiocarbamic acids are not subject to this rulemaking.
    Both alkyl and ethylene dithiocarbamates can form salts with metal 
ions and both can be oxidized to the corresponding thiuram sulfides 
(bis(aminothiocarbonyl)sulfides). Mono, di, tri and tetra sulfides are 
known and are included in this rulemaking. Thiuram sulfides have the 
following generic structure:
[GRAPHIC][TIFF OMITTED]TR09FE95.006


These sulfides are the linkage of two dithiocarbamic acids and are 
classed as dialkyldithiocarbamates in this rule, because thiuram 
sulfides are known to [[Page 7830]] decompose to carbon disulfide, 
dialkylamine, and dialkyldithiocarbamate.
2. Listing Obligations
    Commenters also took issue with the inclusion of all the four 
chemical types of carbamates under the scope of the statutory 
obligation of HSWA and that of the proposed consent decree in EDF v. 
Browner (Civ.No. 89-0598, District of Columbia Circuit).2 
Specifically commenters believed that thiocarbamates and 
dithiocarbamates should not be included with carbamates and that the 
listing determination should have been limited to the specific 
compounds identified in the proposed consent decree. Several commenters 
believe EPA is obligated only to make hazardous waste listing 
determinations for production wastes from those specific 
dithiocarbamates, thiram, ziram and ferbam, listed in the proposed 
consent decree. Other commenters believe that the scope of the listings 
should be limited to pesticide products.

    \2\The Environmental Defence Fund (EDF) sued the Agency for 
inter alic, failing to meet the statutory deadlines of section 
3001(e)(2) for making a hazardous waste listing determination for 
carbamates. The resulting consent decree (entered December 9, 1994) 
establishes a number of deadlines, including a January 31, 1995, 
deadline for this action.
---------------------------------------------------------------------------

    Sections 3001(e) and 3001(b) give the Agency the authority to list 
any waste as hazardous provided it satisfies 40 CFR 261.11. 
Furthermore, Section 3001(e)(2) of RCRA as amended mandates that the 
Agency make a determination whether or not to list as hazardous wastes 
from the manufacture of carbamates. Since the statute gives no further 
definition of carbamates, it is left to the Agency to determine the 
scope of the wastes subject to the mandate. The Agency believes that 
the mandate was to make hazardous waste listing determinations for 
wastes generated from the manufacture of carbamates. Neither the 
congressional mandate nor the EDF consent decree limited the Agency's 
authority to consider the range of wastes subject to this rulemaking.
    One commenter suggested that EPA limit the scope of the listings to 
wastes from the manufacture of pesticide products. The Agency disagrees 
with the commenter. The Agency's industry study focused on the four 
distinct groups of chemicals. This study was designed to evaluate the 
wastes from the production of these chemicals and the potential of the 
products to pose a hazard to human health or the environment when 
discarded. Thus, the end use of the product was not considered to be 
relevant, only the wastes. For dithiocarbamates which are used as both 
pesticides and rubber processing chemicals, the Agency found that the 
processes used, the wastes generated, the management practices, and the 
mismanagement scenarios were similar regardless of the end use. The 
Agency thus feels that regulating wastes from the production of 
dithiocarbamates without regard to end use is appropriate. For P and U 
listings, the Agency considered the toxicity of the material. The 
Agency feels that the end use is not an appropriate consideration 
because these listings regulate the disposal of the chemical as a 
waste.
3. Specific Substances
    Commenters requested specific guidance in determining whether a 
given product fell within the scope of the listing. Commenters noted 
that the chemical definition of carbamate includes all salts and esters 
of carbamic acid. As such, commenters stated that carbamates could be 
viewed to include such substances as ammonium carbamate (a carbamic 
acid salt) and polyurethanes (polymers of linked carbamate ester 
structures). In order to narrow the scope of the proposed listing to 
the particular carbamate structures studied, it was suggested the 
Agency either list specific products to which the listing would apply, 
or restrict the listing applicable to pesticide products.
    In response, the Agency believes the toxicity of carbamates, 
carbamoyl oximes, thiocarbamates, and dithiocarbamates to be a function 
of the bioavailability and reactivity of the chemicals as a waste, and 
therefore product use should not be a limiting factor, as bioavailable 
and reactive carbamates used for industrial purposes other than 
pesticides are assumed to have the potential to exhibit toxicity. With 
regard to the specific chemicals mentioned above, polyurethanes are 
large biologically unavailable molecules not within the scope of this 
rulemaking. Isotoic anhydride contains a -N-(C=O)-O- sequence, but 
chemically the substance is an acid anhydride and is not within the 
scope of this rulemaking. Furthermore, carbamates that are not isolated 
during production (i.e., transient intermediates and not removed from a 
process) are not included in the scope of the listing. Processes which 
include the brief formation of a carbamate intermediate which is not 
separated from the process or transported to another facility or 
process train and is converted to a non-carbamate is not included in 
the scope of the listing.
    In the case of ammonium carbamate, the material is sold or 
transferred as a product for use in the production of urea. The Agency 
believes that wastewaters from the production of ammonium carbamate 
fall under the K157 listing unless they meet the specified exemption. 
The Agency also notes that ammonium carbamate is currently regulated as 
a CERCLA hazardous substance with a final reportable quantity (RQ) of 
5000 pounds.
4. Definition of Production
    Several commenters stated that the definition of production should 
be clarified to limit the rule to the chemical synthesis of a 
carbamate, carbamoyl oxime, thiocarbamate or dithiocarbamate as an 
isolated product and propose a definition that does not include 
operations which isolate non-carbamate product for which there is 
otherwise a commercial market. Several commenters also wanted 
clarification on whether wastes from use or formulation were included 
in the scope of the proposed listings.
    In studying the carbamate manufacturing industry, the Agency 
analyzed current carbamate manufacturing processes. In order to focus 
the study, the Agency determined the raw materials, processes and 
reactions that were unique to the carbamate manufacturing industry. The 
Agency concludes that carbamate production begins with the synthesis of 
non-carbamate intermediates, chemicals which have no other use except 
for the production of a carbamate product or carbamate intermediate, 
and includes all subsequent processes involved with the production of 
the respective carbamate. Therefore, wastes from chemical processes 
which produce non-carbamate basic or specialty chemicals, which have 
multiple uses, are not subject to the K156-K161 hazardous waste 
listings. For example, wastes from the production of phosgene or methyl 
isocyanate which are used in numerous chemical production activities 
would not be included in the scope of the listing. In the case of non-
carbamate intermediates, which have no other use but the production of 
carbamate intermediates or final products, wastes from the production 
of such intermediates would be subject to the listing. Such wastes are 
properly classified as carbamate production wastes and within the scope 
of RCRA Sec. 3001(e)(3), regardless of whether or not the production 
occurred at the ultimate site of manufacture of the carbamate chemical. 
Thus, wastes from the production of bendiocarb phenol, A-2213 
(intermediate in oxamyl production), and carbofuran phenol, all 
[[Page 7831]] of which are solely used for the production of 
carbamates, are within the scope of the listing.
    Wastes from the use of carbamate products are not generated from 
the production of carbamates and, therefore, are not within the scope 
of the proposed listings. Also, wastewaters from the formulation of 
carbamate products into consumer products (i.e., the production of end 
use pesticide products) are not subject of the K156-K161 listings. The 
K listings regulate only wastes from the manufacture of the chemical 
ingredients.
5. Requests for Additions to the Listings
    One commenter believed that the following wastes which EPA proposed 
not be listed should in fact be listed as hazardous:
    Wastewater treatment sludges. The commenter believed that the 
wastewater treatment sludges from the production of carbamate and 
carbamoyl oximes contain high contaminant concentrations that warrant 
regulation. Specifically the commenter believed that concentrations of 
methylamine, trimethylamine and bis(2-ethylhexyl)phthalate, 
naphthalene, and 4-methylphenol were sufficiently high to warrant 
regulation of the sludges. The commenter believed that the risk 
modeling was flawed in that its exposure pathway assumptions 
understated the risks in the groundwater pathway and in the modeling 
techniques used.
    Spent carbon. The commenter believes that chloroform is not the 
only constituent of concern in the spent carbons from the production of 
carbamates and states that the one sample taken by the Agency contained 
significant concentrations of methylene chloride, ethyl benzene and 
carbofuran. The commenter also believes that they should be listed 
because the listing criteria require EPA to list a waste as hazardous 
if it routinely exhibits a hazardous waste characteristic.
    Wastewaters. The commenter believes that the Agency only considered 
mismanagement in tanks to result in only an air emission exposure 
pathway. The commenter believed that the Agency ignored spills or 
releases from tanks to surface waters or groundwater, and did not 
consider impacts to birds and other wildlife on direct contact with the 
wastewater, did not establish margins of safety to take into account 
lack of inhalation health-based standards, or take into account 
multiple sources of contaminants at carbamate facilities. They also 
believe that the surface impoundment should be considered a plausible 
management scenario because they are used at some carbamate facilities, 
and may be used in the future at new facilities. As well they believe 
that wastewaters from the production of thiocarbamates contain EPTC 
(Eptam) at greater than 100 times the health based level. They also 
state that process wastewaters from the production of dithiocarbamates 
contain levels of carbon disulfide that exceed applicable health 
standards and that scrubber waters prom the production of 
dithiocarbamates contain piperidine at significant concentrations.
    Organic Wastes from Dithiocarbamate Production. The commenter 
disputes that fact that all of the organic wastes from Dithiocarbamate 
production are adequately managed as hazardous, because the F003 
listing is not based on toxicity. The commenter maintains that these 
wastes should be listed as hazardous.
    The Agency disagrees with the commenter on each the points raised. 
For wastewater treatment sludges, spent carbons, thiocarbamate and 
dithiocarbamate wastewaters, and dithiocarbamate organic wastes the 
Agency did not project significant human health or environmental risks 
as currently managed. EPA notes that the commenter did not provide 
accompanying exposure assessment and risk levels in their comment 
package. They merely state that high concentrations warrant regulation.
    For wastewater treatment sludges, the Agency considered as 
plausible mismanagement the current management practices of management 
in tanks and subsequent disposal in landfills. No significant risks 
were attributable to these management scenarios. In the assessment of 
landfill management, model leachate concentrations were matched to 
analytical TCLP leachate concentrations. It is reasonable to calibrate 
model outputs to experimental measurements of actual leaching potential 
obtained using the Agency's Toxicity Characteristic Leaching Procedure 
(TCLP, 40 CFR 262, Appendix II), because these experimental 
measurements may more accurately predict the waste's leaching 
potential. This procedure was designed to approximate the leaching of 
wastes co-disposed with municipal wastes, therefore the Agency has 
utilized these experimental measurements in lieu of model projections 
of the leachate composition.
    Based on the Agency's assessment, spent carbons from carbamate 
production where found to be characteristically hazardous as D022 
(chloroform) and the risk assessment was dominated by risks attributed 
to chloroform. Absent the presence of chloroform, this waste would not 
satisfy the criteria for listing. While the commenter believes that all 
wastes which exhibit a characteristic should be listed, to implement 
hazardous waste management the Agency has put into place a two tiered 
system of characteristic and listed wastes. The U.S. Court of Appeals 
for the District of Columbia Circuit recently found in Natural 
Resources Defense Council v. EPA, 25 F.3d 1063 (District of Columbia 
Circuit 1994), that EPA is not compelled by its regulations to list a 
waste as hazardous because it exhibits a characteristic. The court 
found that EPA has the discretion to make a reasoned judgment as to 
under which system a waste should be managed. In this case, EPA has no 
information indicating that the current hazardous waste regulation of 
these spent carbons are inadequate. The Agency finds no need for 
redundant regulation, because risks are directly controlled by existing 
regulation.
    In the case of wastewaters from thiocarbamate and dithiocarbamate 
production, the Agency determined that ``plausible mismanagement'' 
would be continued management in existing treatment systems comprised 
of tanks. The Agency does not view abandonment of existing treatment 
systems for unlined surface impoundments as ``plausible.'' The Agency 
believes that since the carbamate manufactures have already made a 
considerable investment in wastewater treatment systems using tanks, 
they will continue to use them. Furthermore, the Agency also believes 
permitting authorities are strongly biased against the permitting of 
new surface impoundments, due to the potential for such units to 
contaminate groundwater resources. This bias considerably lessens the 
likelihood of future surface impoundments.
    In the current management scenario of tanks, the Agency does not 
project significant risks, and does not view the replacement of these 
tanks with other treatment units as plausible. The Agency was able to 
survey all U.S. producers of carbamates and could only identify the use 
of surface impoundments as polishing ponds after aggressive biological 
treatment in tanks. EPA's analysis indicated that the carbamate 
industry is unlikely to experience rapid and significant expansion and 
thus the development of significant new manufacturing sites and 
increased waste disposal is low. The EPA has, therefore, not listed 
these wastes as hazardous. [[Page 7832]] 
    In response to the commenters claims that the Agency ignored spills 
or leaks from tanks, failed to consider wildlife impacts, establish 
safety margins to account for the lack of inhalation health-based 
standards or consider the multiple sources of contaminants, the Agency 
disagrees with each of the commenter's assertions. When assessing 
management of waste in surface impoundments, EPA included spills and 
overflows in the calculations. These were not accidental or 
catastrophic releases, but rather based on probabilities of overflows 
and spills. In the case of tanks, accidental release scenarios or 
catastrophic release scenarios were not considered as a potential basis 
for listing. Wastewater treatment tanks are excluded from RCRA 
permitting provisions (40 CFR 264.1(g)(6) and 265.1(c)(10)), and the 
product storage tank are excluded under 40 CFR 261.4(c). Therefore, 
RCRA currently does not impose containment standards. However, the EPA 
Administrator has authority under RCRA section 7003 to bring suit on 
behalf of the United States as may be necessary to stop any imminent 
and substantial endangerment to health or the environment.
    EPA performed a screening analysis of the potential impacts on 
terrestrial species. However, the Agency is still developing 
methodologies for characterizing risk to terrestrial wildlife and 
endangered species, and believes that the analysis presented in the 
risk background document (F-94-CPLP-S0003) needs to be further refined.
    The Agency calculated risks for each exposure pathway of 
significance and considered the potential cumulative risks of multiple 
exposures to the same toxic contaminates via multiple pathways. The 
Agency acknowledges that there may be other exposures resulting from 
such pathways as facility air emissions or consumer product use, and 
has attempted to quantify only those risks associated with solid waste 
management.
    The organic wastes from the production of dithiocarbamates were 
found by the Agency to be composed largely of solvents regulated by the 
F003 and F005 hazardous waste listings. While F003 is only listed 
because of the characteristic of flammability, the Agency acknowledges 
that additional toxicity concerns have since been reported in a number 
of scientific studies. However, these solvents were not found to 
present significant risks when managed in tanks or from residual 
incinerator emissions. The Agency concludes that the existing 
regulation of F003 wastes within the context of the carbamate industry 
are protective of human health and the environment and that a separate 
listing designation would be redundant.

B. Listing Exemptions

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

Sec. 261.4(a)(2)(iv) * * *

    [[Page 7834]] (G) Wastewaters derived from the treatment of one 
or more of the following wastes listed in Sec. 261.32--organic waste 
(including heavy ends still bottoms, light ends, spent solvents, 
filtrates, and decantates) from the production of carbamates and 
carbamoyl oximes (EPA Hazardous Waste No. K156).--Provided, that the 
maximum concentration of formaldehyde, methyl chloride, methylene 
chloride, and triethylamine prior to any dilutions into the 
headworks of the facility's wastewater treatment system does not 
exceed a total of 5 milligrams per liter.

    Therefore, in order to be exempt, these K156 derived wastewaters 
would need to demonstrate that the emissions of formaldehyde, methyl 
chloride, methylene chloride, and triethylamine not exceed a total 5 
ppm for environmental discharges and subsequent wastewater treatment. 
This exemption is different from the K157 exemption in that it is only 
for wastewaters (i.e., TSS<1% and TOC<1%) derived from the treatment of 
K156 and not for the generated K156 wastes themselves.
    While in general commenters requested this extension of the 
exemption proposed for K157 wastes to also include similar wastewaters 
derived from the treatment of K156 wastes, one commenter did object to 
the proposed exemption, as noted above in section V.B.1. Because 
significant treatment will be necessary for these to meet the exemption 
criteria, and the Agency's sampling had included sludges derived from 
both K156 and K157 wastewaters, the Agency is confident that risks 
would not be increased by extending the exemption to wastes derived-
from K156 wastes and is finalizing the above exemption in this 
rulemaking.
3. Wastewater Treatment Sludge Exemption
    One commenter felt that since K156 scrubber water and steam 
stripping bottoms no longer contain VOCs and the carbamate component 
has been treated, that the K156 hazardous waste code should not apply 
to downstream biological treatment system sludges. The commenter 
therefore believes that the proposed biological treatment sludge 
exemption should be modified to include K156 wastes which contain <5 
ppm of methyl chloride, formaldehyde, triethylamine, and/or methylene 
chloride) if the wastes are treated in biological treatment systems. 
The commenter believes that without the exemption, the mixture and 
derived-from rule will force manufacturers to collect incinerator 
scrubber waters or stripper bottoms derived from treatment of K156 
wastes for off-site management or collect all K156 organic wastes for 
off-site management.
    The Agency agrees with the commenter and has reevaluated its 
decision to exempt wastewater treatment sludges. During the industry 
study the Agency sampled wastewater treatment sludges that were derived 
from the treatment of K157 wastes as well as sludges derived from K156 
wastes. The Agency performed a multipathway risk assessment on the 
sludges using the collected data and determined that they did not meet 
the criteria for listing presented in 40 CFR 261.11. The Agency is 
therefore expanding the scope of the exemption to include K156 derived 
from wastewaters. The exemption reads:

Sec. 261.3(c)(2)(ii) * * *

    (D) Biological treatment sludge from the treatment of one of the 
following wastes listed in Sec. 261.32--organic waste (including 
heavy ends still bottoms, light ends, spent solvents, filtrates, and 
decantates) from the production of carbamates and carbamoyl oximes 
(EPA Hazardous Waste No. K156), and wastewaters from the production 
of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157).

    As noted in Section A.5 above, one commenter believed that 
wastewater treatment sludges contain high contaminant concentrations 
that warrant regulation. Specifically the commenter believed that 
concentrations of methylamine, trimethylamine and bis(2-
ethylhexyl)phthalate, naphthalene, and 4-methylphenol were sufficiently 
high to warrant regulation of the sludges. Specifically, the commenter 
believed that total bis (2-ethylhexyl) phthalate was recorded in one 
sample as 22 mg/kg, compared to the health-based concentration of 0.006 
mg/L; the samples contain 3,320 mg/L, and 4,600 mg/kg total 
methylamine, compared with aquatic LC50 concentration of 150 mg/L and 
the lethal dose for mice (subcutaneous) of 2,500 mg/kg; and one sample 
contained an estimated 15,000 mg/kg total trimethylamine. 
Concentrations of naphthalene and 4-methylphenol in the sludges also 
exceed health-based concentrations. The commenter also believed that 
the risk modeling was flawed in that its exposure pathway assumptions 
understated the risks in the groundwater pathway and in the modeling 
techniques used.
    For wastewater treatment sludges, the referenced constituents while 
present, were not present in mobile forms above health-based levels or 
aquatic LC50. Specifically, methylamine was detected in RP-09 at 4.6 
mg/kg and not 4600 mg/kg as the commenter noted. As well trimethylamine 
was found at 15 mg/kg and not 15,000 mg/kg as reported by the 
commenter. While some constituents in the solid wastes exceeded the 
health-based numbers, the constituents were not found to leach from the 
matrices. Only one leachate sample had bis 2-(ethylhexyl)phthalate (DL-
05 TCLP (2 times the HBL)) present at a concentration that exceeded the 
health based number.
    The Agency used these concentrations in the multipathway risk 
assessment and considered as plausible mismanagement the current 
management pathways of management in tanks and subsequent disposal in 
landfills. No significant risks were attributed to these management 
scenarios. The Agency believes that the management scenarios used in 
the risk assessment were appropriate because the industry is currently 
managing the sludges in this manner. In the assessment of landfill 
management, model leachate concentrations were matched to analytical 
TCLP leachate concentrations. The Agency calibrated model outputs to 
experimental measurements of actual leaching potential, and believes 
that it has accurately assessed the leaching potential of this 
wastestream. As a result the Agency does not believe listing of the 
wastewater treatment sludges is warranted and that the exemptions 
provide for these sludges is appropriate.

C. Basis for Listing and Decisions Not to List

    One commenter believes that the K156 through K161 listings are 
based on mischaracterized waste streams. The commenter believes that in 
some cases identified constituents of concern come from non-carbamate 
processes and thus should not be used in evaluating the risk of 
carbamate waste streams. The commenter also believes that the Agency 
did not collect enough data to support this rulemaking and that EPA has 
based the proposed listing on constituents that are only proposed for 
addition to appendix VIII rather than those already on appendix VIII. 
Several commenters did not believe that the EPA demonstrated that the 
K156 through K161 wastes meet the listing criteria set out in 40 CFR 
261.11. Commenters believe that the Agency misapplied the listing 
criteria by using inappropriate mismanagement scenarios to evaluate the 
hazards posed by the carbamate wastes. The commenters believed that the 
Agency should have used management scenarios which the waste would 
normally undergo. Specifically, the commenter believes that the Agency 
only used exposure [[Page 7835]] routes for pesticide use rather than 
routes for pesticide wastes.
    In addition, several commenters believe that dithiocarbamates as a 
group and individual dithiocarbamates did not meet the listing criteria 
set out in 40 CFR 261.11. Specifically, several commenters felt the 
Agency has not demonstrated that dithiocarbamates meet the reactivity 
criteria of 40 CFR 261.23(a) (1), (2), (3), and (4) or the toxicity 
criteria of 40 CFR 262.11(a)(2).
    The Agency believes that it has accurately characterized the waste 
streams generated by carbamate manufacturers. In some cases waste 
streams that resulted from the treatment of commingled streams from 
carbamate and non-carbamate streams were sampled and analyzed. This is 
because, at many facilities, carbamate manufacturing is only part of 
the production activities occurring. It is common (especially for 
wastewaters) at carbamate manufacturing facilities to commingle wastes 
prior to treatment and disposal. The Agency believes that when streams 
are commingled for the purpose of treating one with the other that it 
was appropriate to sample the commingled stream. For example, at 
Zeneca's Bucks, AL facility, the Agency analyzed several streams that 
result from the treatment of thiocarbamate wastes as well as other 
processes. These streams are derived from carbamate streams and it is 
appropriate to characterize these streams and consider them for listing 
as hazardous. Specifically, the benzene and toluene in the commingled 
streams from the non-carbamate processes at Zeneca are used to extract 
the thiocarbamates from the wastewater streams because thiocarbamates 
are extremely soluble in benzene and toluene. Thus, since the 
commingling of the waste streams also provides a treatment step for the 
thiocarbamate wastewaters, it was appropriate to include the commingled 
streams in the risk assessment and use this information during the 
listing determination. In addition, while some constituents of concern 
may not be from carbamate processes, these were never the sole driving 
force behind the listing decision. In the specific case of 
thiocarbamate wastes, high concentrations of thiocarbamate products are 
present and clearly pose the potential for damage to human health or 
the environment if not properly managed.
    The Agency believes that it has collected sufficient information 
and data to support listing of the six K wastes. During the carbamate 
industry study, the Agency collected generation and management 
information from all carbamate manufacturers identified in the United 
States during 1991 using a RCRA Section 3007 survey. To supplement the 
data and information collected in the survey, the Agency visited nine 
carbamate facilities and collected waste samples at eight of these 
facilities. These facilities are representative of the carbamate 
industry and produce 55 percent by weight of all carbamates 
manufactured in the U.S. These eight facilities represent products that 
make up over 89 percent of overall carbamate production. The Agency 
collected and analyzed approximately 60 samples from these facilities. 
These samples were supplemented by 26 samples collected from carbamate 
facilities by the Office of Water during the development of the 
effluent guidelines for pesticide manufacturers. The Agency believes 
that the 86 samples are representative of the wastes generated by 
carbamate manufacturers and that these analyses, in addition to the 
information provided in the RCRA Section 3007 surveys, provide 
sufficient data to support this rulemaking.
    The Agency also believes that it is acceptable to propose both 
additions to appendix VIII and appendix VII at the same time. The 
Agency believes that it has the basis for proposing additions to 
appendix VIII based on the presence of the constituents in carbamate 
wastes and their toxicity. In addition, the Agency took comments on the 
proposed additions to appendix VIII. There is nothing that prohibits 
the simultaneous hazardous waste listing and appendix VIII addition, 
provided that the Agency solicits and responds to public comment on 
both actions. The Agency believes that listing the wastes and making 
the additions to appendix VIII simultaneously is an efficient system 
for developing the regulations and allows for public participation. 
Simultaneous hazardous waste listing and addition to appendix VIII is a 
long-standing practice of the Agency. In addition, the Agency notes 
that the following constituents which are part of the basis for these 
hazardous waste listings were on appendix VIII at the time this rule 
was proposed: benzene, chloroform, methyl ethyl ketone, methylene 
chloride, pyridine, carbon tetrachloride, formaldehyde, and methyl 
chloride.
    The Agency also believes that it has demonstrated that the K156 
through K161 wastes meet the listing criteria of 40 CFR 261.11. The 
Agency considered each of the criteria outlined and determined that 
these wastes are capable of posing a substantial threat to human health 
and the environment when improperly treated stored, transported or 
disposed. The Agency disagrees with the commenter with regard to the 
management scenarios used in the listing determinations. The 
mismanagement scenarios that were used in the evaluation of carbamate 
wastes were not hypothetical, but were based on actual waste management 
practices currently used by the industry. Because these practices are, 
in fact, engaged in by the industry they are plausible management 
scenarios for these wastes. The Agency did not rely on pesticide use 
exposure routes and specific damage incidents as the sole basis for 
listing. Specific damage incidents involving pesticides were used as 
supporting documentation that carbamates can have a significant 
environmental impact if improperly disposed.
    EPA believes that dithiocarbamate wastes pose significant risks to 
human health and the environment, because these materials are 
bioavailable and degradable and have the potential to exhibit 
significant aquatic toxicity, reproductive and neurological effects, 
and have the potential once released in the environment to form among 
other degradation products, carbon disulfide (a potent reproductive and 
neurological toxicant).
    These risks specifically meet EPA's listing criteria as described 
in the preamble to the dyes and pigments listing determination (59 FR 
66072, December 22, 1994). With regard to the toxicity of the 
dithiocarbamates, the Agency believes that in addition to the toxic 
effects of intact dithiocarbamates, the formation of toxic 
decomposition products is a major concern for dithiocarbamates. 
Dithiocarbamates exhibit risks as a result of the parent compound, 
metal ion, and daughter products. As presented in the proposed rule, 
dithiocarbamates exhibit acute aquatic toxicity in a narrow range for 
those compounds with available data (LC50 of 0.049 to 2.9 mg/L). 
As a chemical class dithiocarbamates exhibit reactive properties (i.e., 
react in water under ambient environmental pH conditions to form 
sufficient toxic gas, fumes, or vapors to either create a toxic or 
irritating atmosphere or to impart toxicity to the aqueous media are 
reactive wastes subject to existing hazardous waste regulation as 
Hazardous Waste No. D003 (40 CFR 261.23(a)(4))). Dithiocarbamates react 
under acidic conditions to form carbon disulfide, which has potent 
reproductive effects. One commenter supplied confidential studies 
showing that under pH 2 conditions over eight hours less than one 
percent of the dithiocarbamate products tested decomposed. The Agency 
calculates [[Page 7836]] from this data that the concentration of 
carbon disulfide formed in a hypothetical leaching test would be toxic 
even when assuming a 100 fold dilution/attenuation factor. Record 
sampling during the industry study has also found decomposition 
products such as methylisothiocyanate and n-nitrosodimethylamine in the 
wastes sampled. Methylisothiocyanate is reactive and toxic, and n-
nitrosodimethylamine is a known carcinogen. In addition, once released 
into the environment dithiocarbamate metal salts degrade or exchange 
metal ions, producing free metals ions. Finally, the ability to form 
other toxic substituents was documented during a spill of metam sodium 
(a dithiocarbamate) that had catastrophic environmental impacts on the 
surrounding environment along a 45-mile stretch of the Sacramento River 
and portions of Lake Shasta. As a result, EPA believes that regulation 
of dithiocarbamate wastes as hazardous wastes is necessary because of 
the reactivity and aquatic toxicity of this class of chemicals.

D. Conflict With Other Regulatory Programs or Initiatives

    Several commenters believe that EPA should not proceed with the 
listing because these wastes are, or will be regulated under Clean 
Water Act (CWA), Clean Air Act (CAA) and other provisions of RCRA. 
Furthermore, the commenters believe EPA should not add additional 
wastes to the listings until the issues regarding the definition of 
solid wastes resulting from the courts decision invalidating the 
mixture and derived-from rules in Shell Oil decision (Shell Oil v. EPA, 
950 F.2d 751, D.C. Cir. 1991) have been resolved. Specifically, the 
commenter believes that the listings should be deferred until the rule 
resulting from the work of the Definition of Solid Waste Task Force and 
the Hazardous Waste Identification Committee are finalized because 
these may profoundly impact the regulatory classification of wastes. 
Another commenter believes residues from the treatment of listed wastes 
should be provided a de minimis exit from RCRA Subtitle C.
    The Agency noted in the proposal that significant regulatory gaps 
currently exist between RCRA regulation of air emissions from hazardous 
waste management and the CAA regulation. Although future regulations 
are planned in these areas, the coverage and scope of future 
regulations is uncertain and does not act to mitigate existing risks. 
The Agency has determined that risks posed by carbamate waste 
management should be controlled through regulation under RCRA. 
Potential future regulation will be developed with consideration given 
to the then-existing regulatory scheme as well as the need to close any 
remaining regulatory gaps that are beyond the narrow scope of the 
carbamate listing determinations in this rulemaking. The Agency would 
also like to note that the HWIR rule is not designed to limit entry to 
the hazardous waste regulatory system but is a system where listed 
wastes may be able to be easily removed from the hazardous waste 
management system.

E. Constituents of Concern for Appendix VII

    Some commenters believe that several constituents were included on 
appendix VII (i.e., the appendix that identifies the constituents of 
concern that are the basis for listing a waste) even though they were 
measured in the wastes at concentrations below health based levels in 
multipathway risk assessment. Commenters also believe that the format 
of listings is inconsistent with previous appendix VII listings. 
Specifically, the commenters believe that EPA has in the past listed 
only the metal or organic compounds directly related to the waste and 
none of the solvents which may be present. The commenters believe that 
appendix VII should only include the hazardous constituents that are 
specific carbamates, carbamoyl oximes, thiocarbamates and 
dithiocarbamates.
    Wastes may be listed as hazardous if they contain toxic 
constituents identified in appendix VIII of 40 CFR part 261 and the 
Agency concludes, after considering eleven factors enumerated in 
section 261.11(a)(3), that the waste is capable of posing a substantial 
present or potential hazard to human health or the environment when 
improperly managed.
    To determine whether a waste is hazardous for toxicity under 40 CFR 
261.11(a)(3), EPA determines the presence of an appendix VIII 
constituent, regardless of concentration. EPA then examines all the 
health effects data on that constituent, along with other factors 
(generally related to exposure) required to be considered under 40 CFR 
261.11(a)(3). Concentration of the hazardous constituent is among those 
factors (40 CFR 261.11(a)(3)(ii)). Other factors include the plausible 
types of mismanagement scenarios to which the wastes could be subjected 
and the potential of the constituent or any toxic degradation product 
to migrate from waste into the environment under the improper 
management scenarios (40 CFR 261.11(a)(3)(iii) and (vii). These factors 
are evaluated to decide whether to list the waste as a hazardous waste.
    After determining that a waste should be listed as hazardous, EPA 
would then list in appendix VII the constituents that led to that 
listing. The Agency has reassessed each of the constituents listed as a 
basis of listing and has limited the hazardous constituents for the 
basis of listing to those constituents which were found to present 
health based or environmental risks in the multipathway analysis, and 
to toxic products present at percent levels which are potentially 
hazardous to human health and the environment. Therefore, the Agency 
has removed acetone, hexane, methanol, methyl isobutyl ketone, and 
xylene from the appendix VII basis of listing, because these substances 
were not significant in the risk analysis. The Agency has also 
corrected the basis of listing for K156 to include formaldehyde and the 
basis of listing K161 to include antimony and arsenic, because these 
constituents where significant in the risk assessment.
    The commenters also believe that the terms thiocarbamates, Not 
Otherwise Specified (N.O.S.) and dithiocarbamates, N.O.S. are overly 
broad, include a variety of compounds for which EPA has not established 
health or environmental hazards, are not hazardous constituents on 
appendix VIII and are not proposed for inclusion on appendix VIII. 
Therefore, the commenter concludes that generic categories are 
inappropriate for inclusion in appendix VII listings. The Agency has 
deferred action on these generic categories, and may further address 
the addition of the generic categories to appendix VIII in a future 
proposal.

F. Constituents of Concern for Appendix VIII

    Several commenters believe that many of the additions to appendix 
VIII (i.e., the appendix that contains a list of hazardous constituents 
to be evaluated for listing determinations (see 40 CFR 261.11)) were 
inappropriate. One commenter believes that the rule adds constituents 
to appendix VIII based on presence of a constituent rather than its 
concentration. Many commenters believe that constituents of concern 
should be limited to constituents that are present at concentrations 
that threaten human health and the environment. A commenter believes 
that constituents can only be added to appendix VIII if they are toxic, 
carcinogenic, mutagenic, or teratogenic to humans and other life forms 
and that the Agency has added constituents with [[Page 7837]] no 
toxicological data or incomplete toxicological data.
    Waste constituent concentrations are not a factor in the addition 
of toxic substances to appendix VIII. The criteria for additions to 
appendix VIII (40 CFR 261.11(a)(xi)) direct the Agency to add 
substances ``shown in scientific studies to have toxic, carcinogenic, 
mutagenic or teratogenic effects on humans or other life forms.'' While 
the Agency has readily acknowledged some gaps in the available toxicity 
studies, the Agency need have but one scientific study meeting the 
Sec. 261.11 criteria and in some cases developed empirical structural 
activity relationships (SAR) where direct toxicological testing was not 
available. Furthermore, the Agency views its SAR analysis as scientific 
studies for the purpose of adding substances to appendix VIII. 
Nevertheless, the Agency has reviewed the available toxicity data for 
each of the additions to appendix VIII and concludes that for 12 
substances the toxicity data in the record is inadequate for final 
action. Final action on these 12 substances is being deferred to allow 
notice and comment on additional quantitative structure activity 
relationships (QSAR), developed for these chemicals. EPA plans to 
repropose these substances at a future date. The results of these new 
studies are presented in section IV.C.
    Several commenters stated that EPA should not propose constituents 
for addition to appendix VIII at the same time that it is listing them 
as the constituents of concern for a hazardous waste listing. EPA 
believes it is proper to consider the expansion of appendix VIII and 
additional hazardous waste listings together. Constituents are added to 
appendix VIII if they have been shown in scientific studies to have 
toxic, carcinogenic, mutagenic, or teratogenic effects on human or 
other life forms. The Agency feels that each of the constituents being 
added to appendix VIII meets at least one of these criteria. The Agency 
solicited and received comments on the proposed additions to appendix 
VIII, and after considering these comments has concluded that the 
additions being finalized are appropriate. There is no regulation or 
statute that prohibits the simultaneous hazardous waste listing and 
appendix VIII addition. The Agency believes that listing the wastes and 
making the additions to appendix VIII simultaneously is efficient 
system for implementing the hazardous waste program that allows for 
meaningful public participation. Simultaneous listing and addition to 
appendix VIII is a long-standing practice of the Agency.
    Several commenters believed the Agency proposed various additions 
to appendix VIII (including acetone, hexane, methanol, methyl isobutyl 
ketone, and xylene) without considering the far reaching impact on 
numerous exempt waste streams. Commenters felt that inclusion of these 
solvents on appendix VIII may affect the regulatory status of wastes at 
facilities not involved in production of carbamates because these 
solvents are so widely used throughout the chemical manufacturing 
industry and believe that the Agency has not considered the wide 
ranging impact of this action. Commenters also felt that the addition 
of these solvents to appendix VIII based on their toxicity contradicts 
the original classification of these solvents as hazardous due solely 
to ignitability in the F003 listing. Commenters believe that adding the 
toxic label to these solvents causing them to be considered toxic in 
addition to ignitable will expand corrective action implementation and 
may expand state restrictions based on blanket application of appendix 
VIII.
    With regard to the solvents acetone, hexane, methanol, methyl 
isobutyl ketone, and xylene, commenters specifically requested 
clarification of whether or not these solvents, when discarded as F003 
spent solvents, which were originally listed only basis of their 
ignitability, would now be considered toxic and hence no longer able to 
be exempt under 40 CFR 261.3(a)(2)(iii). This section of the CFR 
specifies that a waste is not a hazardous waste if it is a mixture of a 
solid waste and hazardous waste that is listed solely for one or more 
of the characteristics and the resultant mixture no longer exhibits the 
any of a hazardous wastes characteristics. Commenters believed the F003 
wastes would now be both toxic and ignitable should the above solvents 
be listed in appendix VIII.
    The Agency believes the addition of these solvents to appendix VIII 
would not have directly changed the regulatory management of F003 
wastes. One commenter, however, correctly noted that the addition of 
these solvents to appendix VIII would eliminate the 264.340(b) 
exemption of incinerators, which burn only characteristically hazardous 
wastes, from trial burn requirements. This exemption allows 
incinerators that burn only characteristically hazardous wastes such as 
ignitable wastes do not need to analyze for these constituents as 
required in 40 CFR 264.31 or meet the closure requirements of 264.351. 
As noted in the previous section, the Agency has finalized only those 
substances which presented a hazard in the multipathway analysis. As a 
result, the Agency has not finalized the addition of the solvents 
acetone, hexane, methanol, methyl isobutyl ketone, and xylene. The 
Agency believes that the additions to appendix VIII as amended do not 
have this impact. The Agency also believes that changes to the current 
regulatory structure for F003 solvents and characteristic waste 
incineration are beyond the narrow scope of the carbamate listing 
determinations.
    With regard to the expansion of state restrictions based on blanket 
application of appendix VIII and other changes in state requirements 
resulting from this rule, states are free to impose more stringent 
regulations at any time. The potential for state action beyond the 
minimum federal RCRA requirements are not controlled by the Agency.

G. P Listings

    Several commenters challenged the basis for including several 
wastes as acutely hazardous wastes and presented additional toxicity 
data to support their position. As well, some commenters believe that 
the proposed P and U listings were not adequately supported by the 
administrative record.
    After evaluation of comments received, four wastes (bendiocarb, 
thiophanate-methyl, thiodicarb, and propoxur), proposed for addition to 
40 CFR 261.33(e) as acutely hazardous wastes, are instead being added 
to 40 CFR 261.33(f) as toxic wastes. In each case, the Agency found 
that these four wastes did not meet the Sec. 261.11(a)(2) criteria for 
listing in Sec. 261.33(e). The Agency disagrees with the commenter's 
assertion regarding the administrative record. The Agency criteria for 
including a waste on 40 CFR 261.33(e) are based on toxicity benchmarks 
that are clearly presented in 40 CFR 261.11(a)(2). The applicable 
toxicity data for the proposed wastes was presented in the proposed 
rule (59 FR 9808). As a result, the Agency contends that all the 
information used to make the listing decisions regarding P wastes was 
presented in the public record.
    Only one comment was received relative to the carbamate wastes 
proposed in response to the 1984 Michigan Petition. Eight carbamate 
waste listings were proposed in response to a petition by the State of 
Michigan to include 109 chemicals to the lists in 40 CFR Sec. 261.33 
(49 FR 49784, December 21, 1984). This rule was never finalized. The 
petitioner argued that bendiocarb should be listed as a P-waste based 
on an oral mammalian toxicity of 34-64 mg/kg. The Agency agrees that 
bendiocarb's [[Page 7838]] toxicity is of concern. The Agency's 
benchmark for inclusion of a waste on 40 CFR Sec. 261.33(e) is the oral 
LD50 for a rat of 50 mg/kg (see 40 CFR 261.11(a)(2)). The Agency has 
data that shows oral LD50 values of 64-119 mg/kg for female rat 
and 72-156 mg/kg for male rat. Based on these criteria the Agency is 
finalizing the listing of bendiocarb as U278.

H. U Listings

    The criteria for designation of Acutely Hazardous Wastes found at 
40 CFR 261.11(a)(2). While the listing criteria for these acutely 
hazardous wastes is clearly defined, commenters noted and requested a 
clear delineation of toxicological criteria for listing wastes as toxic 
under Sec. 261.33(f).
    While acute toxicity may be expressed in terms of numeric 
toxicological end points, such as oral LD50, inhalation LC50, and 
dermal LC50, the Agency does not have numeric criteria for listing 
commercial chemical products as toxic. However, the factors the Agency 
looks to in listing these materials are described in 40 CFR 
261.11(a)(3). The Agency considered these factors including the 
toxicity of the various chemicals, in analyzing the potential to harm 
human and the environment. Based on this analysis, the Agency believes 
these discarded commercial chemical products meet the criteria 
expressed in Sec. 261.11(a)(3) for listing a material as a hazardous 
waste. For further explanation, interested parties should refer to the 
background documents in the docket for this rulemaking. (See ADDRESSES 
section.)
    In the case of carbamate, carbamoyl oxime, thiocarbamate, and 
dithiocarbamate chemicals, each class of compounds exhibits significant 
aquatic toxicity. Largely, the Agency's decision to list additional 
carbamate products was driven by available aquatic toxicity studies 
indicating LC50 values less than 50 mg/L. Because of the solubility, 
persistence, mobility, and toxicity of these classes of chemicals, the 
Agency concludes that they present a significant risk to the 
environment if mismanaged.
    Several commenters believe that the generic listings for 
carbamates, carbamoyl oximes, thiocarbamates, and dithiocarbamates are 
vague, overly broad, and ambiguous. They believe the generic listings 
capture substances that are not hazardous and cause unnecessary burdens 
on manufacturers, distributors, and end users. The commenters also 
believe that the generic categories are inconsistent with current 
Department of Transportation (DOT) hazardous materials listings and 
should be modified to be consistent with these regulations. They felt 
that these listings would include a variety of compounds for which EPA 
has not established health or environmental hazards, are not hazardous 
constituents on Appendix VIII and are not proposed for inclusion on 
Appendix VIII. The commenters also believe that EPA is obligated to 
evaluate each chemical and waste stream individually to determine 
whether they meet the listing criteria and thus should not list generic 
wastes.
    The Agency believes that the definition of each chemical group as 
amended is very clear and consistent with chemical nomenclature, such 
that generators of these wastes will be able to determine easily 
whether they manufacture a specific carbamate. Thus, the Agency does 
not believe that the definitions are ambiguous. The Agency understands 
that the generic categories designated as N.O.S are not identical to 
the categories in DOT regulations. The DOT regulations refer only to 
carbamate pesticides and thiocarbamate pesticides. The Agency does not 
feel that DOT regulation preclude a broader definition for the purposes 
of hazardous waste listing. However as previously stated, the Agency 
believes that generic N.O.S. categories as proposed may be overly broad 
and will defer finalizing the generic listing descriptions until 
alternative listing descriptions have been proposed and commented on.

I. Toxicity Information

    Several commenters believe that EPA did not have adequate toxicity 
information to perform its risk assessment and believe that EPA's use 
of surrogates in determining toxicity of compounds is inappropriate. 
The commenter also believes EPA had insufficient risk data to 
promulgate the U listings. As well, commenters discovered differences 
between published toxicity information and that presented by the Agency 
in the proposed notice.
    The Agency has reevaluated the toxicity data for each waste 
proposed for addition to 40 CFR Sec. 261.33(f). As noted by commenters, 
several compounds had limited toxicological data. After review of the 
available toxicological data, 12 compounds are not considered to have 
adequate toxicological or predicted values in the record to finalize 
these 12 listings at this time. See section IV.C. The Agency is 
deferring final action on the 12 compounds, and may repose these 
substances at a later date.

J. Risk Assessment

    The Agency received numerous comments on the risk assessment. Some 
commenters believe that the risk assessment was extremely conservative, 
while other commenters believe that the risks from carbamate wastes 
were understated. The Agency has chosen to address the general concerns 
on both of these positions with regard to the risk assessment in this 
preamble. Detailed responses to specific comments on the 
appropriateness of model parameters, modeling assumptions, and exposure 
scenarios are provided in the Response to Comments Background Document 
that is available in the docket associated with this rulemaking.
1. Comments Asserting That the Risk Assessment Understates Risk
    Several commenters felt that the Agency's risk assessment 
substantially understated the risk posed by improper management of 
carbamate wastes because (1) some of the modeling parameters and data 
inputs are highly uncertain and (2) exposures from spills and other 
accidental releases were not considered.
    The Agency believes that it's modeling approach addresses all of 
the most significant exposures to wastes from this industry. As 
described in the background document to this rule (F-CPLP-S0003) the 
risk assessment procedure for selecting modeling parameters and 
assumptions is designed to ensure that the high end of the distribution 
of the exposed population is protected.
    With respect to spills and other accidental releases, the Agency 
did include spills and overflows from surface impoundments based on 
probabilities of these occurrences. For wastes managed in tanks and 
surface impoundments, the Agency did not evaluate the potential impacts 
of a single catastrophic release to nearby soil and surface waters. The 
Agency believes that the probability of these types of potential 
exposure events occurring are extremely low and are less determinative 
in the listing determination than the more likely exposure scenarios 
evaluated.
    One commenter stated that EPA should not rely as much on 
information which is specific to the industry (such as waste disposal 
practices and location of facilities) in its risk assessment. Instead, 
according to this commenter, the Agency should conduct a more generic 
risk assessment which would consider a wider range of potential 
disposal practices and site parameters.
    The Agency used a combination of generic risk assessment scenarios 
and information specific to this industry in characterizing risks for 
this listing determination. The Agency believes that the use of 
industry specific information [[Page 7839]] is appropriate if that 
information is available and reliable. In this case, the carbamate 
manufacturing industry is relatively well defined and stable, and 
therefore the industry specific inputs are appropriate to use. The use 
of this information allows the Agency to more accurately characterize 
risks, since it better describes actual existing and potential 
conditions.
    One commenter stated that the Agency did not adequately address the 
potential for impacts on endangered species and other terrestrial 
wildlife.
    The Agency did conduct a screening assessment of potential impacts 
on terrestrial wildlife and concluded that risks were not likely to be 
significant. This assessment is presented in the risk assessment 
background document (F-CPLP-S0003). The Agency does recognize that risk 
assessment methodologies for terrestrial wildlife are still very much 
under development and that it cannot definitively conclude that risks 
will not exist.
    One commenter believes that EPA should not rely on central tendency 
or average estimates of risk (as opposed to high end or conservative 
estimates) in its listing determination. This commenter states that 
this reliance violates both RCRA and Executive Order 12898 (Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low Income Populations).
    The Agency relies primarily on high end risk estimates in its 
listing determinations. The central tendency estimates are used 
primarily to project overall population risks in some cases and to 
provide an indication of the variability in risk estimates.
2. Comments Asserting That the Risk Assessment Overstates Risk
    Several commenters believe that the Agency's risk assessment 
overstated the risks presented by the carbamate waste streams. One 
commenter believes that EPA's use of a multi-pathway risk assessment 
methodology is premature.
    The Agency believes that a multipathway approach is well 
established and is appropriate for this rulemaking. The Agency has been 
using multipathway analyses for a number of years in a number of its 
programs including the Superfund program, the sewage sludge 
regulations, pesticide risk assessments, risk assessments for hazardous 
waste combustion facilities, and previous listing determinations. As a 
result the Agency believes that the use of a multipathway approach is 
not premature and is appropriate for this rulemaking.
    Another comment was that the Agency misapplied the listing criteria 
by using inappropriate mismanagement scenarios to evaluate the hazards 
posed by the carbamate wastes.
    The Agency believes it has correctly selected plausible 
mismanagement scenarios to evaluate the hazards posed by the carbamate 
waste. Although not all wastes generated by the carbamate manufacturing 
industry are handled in the same way, by looking across the industry at 
all plausible management practices, the Agency selected both typical 
case and plausible mismanagement scenarios to represent possibilities 
for the management of carbamate wastes. It is possible that specific 
manufacturing facilities within the industry managed their wastes quite 
differently than the plausible mismanagement scenarios. However, in 
selecting the mismanagement scenarios, the Agency looked across the 
industry and identified practices which would present the highest risk 
and considered those as the mismanagement scenarios. All mismanagement 
scenarios used in this analysis are currently in use in the industry by 
at least one facility although not all.
    Another comment was that the Agency used exaggerated or implausible 
exposure assumptions causing an overly conservative risk estimate which 
does not represent reality at any facility. The commenters suggest that 
the Agency should consider site specific risk assessments to support 
any regulatory action in this area.
    The Agency disagrees that the risk assessment is based on 
inappropriate assumptions and that exposure scenarios are highly 
exaggerated. Specific parameter criticism are addressed in the comment 
response document available in the docket for this rule. (See 
Addresses.) In general, in identifying the location of receptors, the 
Agency collected land use data and well water use data around 8 
carbamate manufacturing facilities believed to represent the range of 
different types and locations of facilities present in the United 
States. These data were then used to develop central tendency and high 
end estimates for where individuals may be exposed to releases of 
constituents from the waste stream managed. As pointed out in the risk 
assessment background document, even the high end risk calculations use 
average values for most parameters.
    While the risk assessment results may not specifically apply to any 
particular facility, the Agency believes they are representative of 
potential high end risks. The Agency is unable to conduct full site 
specific risk assessments for all facilities because of the time and 
resources which would be required to collect and analyze all of the 
data which would be needed for each facility.
    The Agency believes that the use of a generic risk assessment 
methodology combined with industry-specific information for parameter 
values is the best approach for determining whether or not a waste 
stream should be listed as hazardous. Site-specific assessments may 
mean that the Agency would list a waste stream as hazardous for one 
manufacturer while not hazardous for another. Such wastes may not be 
subject to hazardous waste control. The Agency is generally unable to 
predict and does not control how a waste will be managed and thus the 
waste may or may not be disposed at the point of generation and as such 
the exposure assumption may be very different than those at the 
specific site. Therefore, EPA currently believes that it is 
inappropriate to consider extensive site-specific factors when making 
listing decisions. The Agency's delisting program was developed to 
provide industry the opportunity to show that, on a waste-specific 
basis, its waste do not pose a hazard to human health or the 
environment. The Agency believes that delisting is an adequate 
mechanism for those who feel that wastes do not meet the hazardous 
waste criteria and exclude them from the hazardous waste management 
system.
    Another comment is that the proposed rule is based on 
misclassification/characterization of waste streams because the use of 
generic composites resulted in overestimation of risk. The commenter 
also believes that the assessment was based on limited data sometimes 
using a maximum constituent concentration value to represent both 
average and worst case scenarios, and that measured values for 
concentrations of constituents in waste streams at specific sites do 
not match numbers used in generic risk assessment.
    The Agency disagrees with the commenter with regards to the 
characterization of waste streams. The Agency did not use a maximum 
constituent concentration value to represent both average and worse 
case scenarios in its risk assessment. For some constituents, only one 
measured value existed and this measured value was used in the risk 
assessment. The labeling of tables in the risk assessment background 
document (F-CPLP-S0003) shows that this one value was entered in both 
columns for average and high end values. The concentrations in the 
waste stream as measured by the Agency or reported by the facility were 
[[Page 7840]] used in characterizing the waste. When there were several 
measured values for a constituent, the Agency averaged those values to 
get a central tendency value for characterizing the waste. It should be 
noted that the Agency did not characterize the waste streams on a site 
specific basis but developed generic characterizations for each waste 
stream based on data from several facilities. The Agency developed 
generic waste stream characterizations based on data from one or 
several facilities. These generic waste stream characterizations may 
not match on a one to one basis the constituents in any specific 
carbamate manufacturing facility's stream. However, the Agency believes 
that these generic characterizations provide a meaningful way of 
representing waste streams across an industry in which the waste will 
have high variability due to changes in manufacturing processes and 
products. The Agency believes that it will be infeasible to collect 
data on every waste stream generated by every carbamate manufacturing 
facility. Thus, the generic waste stream characterizations were used to 
capture the range of constituents that could exist in carbamate 
manufacturing wastes. The Agency also notes that the commenter did not 
provide any additional waste characterization data.
    Another commenter believes that EPA fails to acknowledge the 
uncertainties associated with its risk conclusions. The Agency believes 
that it has adequately characterized the uncertainty in the risk 
analysis. The Agency attempted to characterize uncertainties in its 
risk assessment by providing both central tendency and a range of high 
end risk estimates for each pathway and exposure route for each waste 
group. The parameter uncertainties are presented as a range of values 
used for all input parameters.
    One commenter believes that EPA did not provide sufficient record 
information to allow meaningful comment on the risk assessment 
assumptions. The Agency disagrees with the commenter's assertion that 
adequate documentation on the risk assessment was not available. All 
information on conducting the risk assessment and its assumptions are 
either included in the background document itself or in the reference 
cited, all of which are included in the docket.

K. CERCLA RQs

    Several commenters believe that the Agency should have proposed 
adjusted RQs for the substances added to the CERCLA hazardous 
substances list instead of applying the statutory 1 lb RQ, and that 
adjusted RQs should be put in place at the same time that the final 
rule is promulgated. Commenters believe that the 1 lb RQ would cause 
unnecessary and expensive reporting requirements and that the Agency 
should suspend the effective date of this rule until RQs are adjusted. 
One commenter believed that the Agency should not place carbamate 
compounds on the U-list as a mechanism to achieve CERCLA listing and to 
trigger actions by emergency responders under CERCLA.
    The Agency plans to propose adjusted RQs of the substances added to 
the CERCLA hazardous substances list. Section 102(b) of CERCLA requires 
that a 1 lb RQ be set for these newly identified hazardous substances. 
Until an adjustment is promulgated, the statutory 1 lb RQ for newly 
identified hazardous wastes will remain in effect. The Agency disagrees 
with the commenters assertion that the addition of carbamates to the U-
list was designed to achieve CERCLA listing and trigger actions by 
emergency responders under CERCLA. The addition of substances to the U-
list was governed solely by the concentration and toxicity of these 
materials and the criteria for listing at 40 CFR 261.11. Section 
101(14) of CERCLA establishes that all newly identified RCRA hazardous 
wastes are also CERCLA hazardous substances. The Agency does, however 
view it as beneficial for emergency first responders to quickly 
identify the potential hazards of carbamate, carbamoyl oxime, 
thiocarbamate, and dithiocarbamate products and feels that quick 
identification of hazards may speed corrective measures to limit 
environmental damage or risks to human health.

L. Regulatory Impact Analysis

    There were many commenters who felt that the Economic Impact 
Analysis (EIA) conducted was inadequate or flawed. In particular, 
commenters felt that the addition of the Appendix VIII constituents 
would have a much greater cost impact than shown in the EIA. Other 
commenters felt that the scope of the EIA underestimated the number of 
affected facilities in that it did not take into account suppliers, 
distributors and customers using the P, U and Appendix VIII materials. 
In addition, commenters felt that it did not account for costs 
associated with soil and debris remediation, indirect state and federal 
regulatory impacts and reporting requirements under CERCLA and EPCRA, 
and costs incurred due to the mixture and derived-from rules. 
Commenters also believed that the EIA assumed that wastes currently 
recycled would continue to be recycled. Others felt that the rules 
would cause competing non-carbamate chemicals to have a competitive 
advantage that would cause economic hardship to small carbamate 
manufacturers. Other commenters believe that the EIA was flawed because 
the Agency should have prepared an RIA.
    In conducting its EIA, EPA examined all data submitted to it under 
its RCRA section 3007 survey of the carbamate production industry. EPA 
used this information to create a baseline scenario, or description of 
the current state of waste management in the industry. More important, 
EPA maintains that the 24 facilities analyzed for the EIA represents 
the entire universe of carbamate production facilities, and thus EPA is 
confident that its analysis is comprehensive. EPA then developed a 
post-regulatory scenario in which waste generators would comply with 
the RCRA regulations newly imposed as a result of this rule. In 
creating this post-regulatory scenario, EPA forecast the plausible, 
long-term management of the waste, and EPA calculated the waste 
management costs associated with this post-regulatory scenario. EPA 
maintains that it has correctly estimated the true, long-term costs 
associated with the management of carbamate production wastes resulting 
from the listing of new RCRA hazardous wastes even though compliance 
costs for any individual entity may be higher or lower than our 
estimate. The Agency does not consider the rule to have significant 
impacts and thus it does not require a full regulatory impact analysis.
    EPA points out that the EIA was designed to assess the primary cost 
impacts associated with changes in management practices resulting from 
the RCRA hazardous listing of carbamate production waste. EPA believes 
that the addition of compounds to 40 CFR part 261 Appendix VIII will 
not materially affect the management of such wastes. All carbamate 
production facilities are currently permitted under RCRA. In addition, 
RCRA grants the Agency broad authority to respond to any imminent and 
substantial endangerment to human health and the environment posed by 
the past or present management of any solid waste (RCRA Sec. 7003). In 
addition, because no other action has been taken by the Agency there 
will be no effect on the ``mixture and derived from'' exemption.
    EPA acknowledges that there may be indirect effects as a result of 
this rulemaking. The EIA accounted for the costs of trial burns, 
monitoring equipment, personnel for monitoring, and other compliance 
related costs in incineration costs. In support of the 
[[Page 7841]] final rule, EPA identified some potential incremental 
costs for closure of abandoned surface impoundments. EPA also included 
the costs of handling and disposal of P and U wastes in the revised EIA 
and is confident that its analysis is comprehensive. EPA believes, 
however, that designation of these carbamates as P and U wastes will 
not result in significant costs for suppliers and customers because of 
the infrequent nature of waste generation.
    As for the commenter's concern about POTW operators no longer 
accepting such waste, EPA notes that currently RCRA listed wastewater 
is routinely accepted for treatment by POTW operators and other CWA 
systems. EPA does not expect any significant problems in this area for 
generators of carbamate production wastes.
    EPA also believes that the long-term economic impacts of changes to 
markets and product distribution will be minimal. EPA also rejects the 
assertion that farmers and other small business owners will file 
unnecessary reports as a result of this listing. The Agency believes 
that the agricultural sector is as sophisticated about complying with 
environmental requirements as any other sector.
    EPA also believes that carbamate wastes presently being recycled 
should be able to continue to be recycled under RCRA exemption 
following the listing and that any administrative cost impacts 
associated with the listing would be small compared to other waste 
management costs.
    EPA also points out that the scope of its EIA is limited to the 
effects of the Federal RCRA program. In its rulemakings, EPA is not 
able to account for actions taken by the states, tribes, 
municipalities, or other governmental entities. States are free to 
impose more stringent regulations at any time. In its rulemakings, EPA 
is not able to account for the variances between the federal and state 
programs.

M. Impact on Recycling and Reuse

    Several commenters believe that the K listings and P and U listings 
will have a negative impact on established reuse and recycling program. 
Commenters were also concerned that the rule will have an adverse 
impact on product stewardship programs, especially return for refill 
programs for containers. The commenters believe that the final listings 
should exclude all wastewater generated as part of recycling operations 
and all residue returned as part of recycling program and all 
wastewaters generated in cleaning recycled containers.
    The Agency does not foresee any adverse impact of K, P or U 
listings on container recycling programs. The scope of the K listings 
is limited to wastes from the production of the carbamate chemicals and 
does not include product container wash waters. Product container wash 
waters are subject to the P or U waste listings if discarded or mixed 
with other listed wastes. However, when returned to either a 
formulation process or the chemical production process these wash 
waters would not be solid wastes, because the material is used in an 
industrial process to make a product (Sec. 261.2(e)(i)), or is being 
returned to the original process without first being reclaimed 
(Sec. 261.2(e)(iii)).
    The EPA does not believe regulation of P and U wastes will 
adversely impact the recycling. Several carbamates are largely 
formulated in aerosol containers which may be recycled for their scrap 
metal value. As recyclable scrap metal, empty aerosol containers are 
exempted from RCRA regulation (Sec. 261.6(a)(3)(iii)). However, aerosol 
containers that are not empty in accordance with Sec. 261.7 and have 
contained P or U listed substances would be subject to hazardous waste 
regulation when discarded.
    The EPA also does not foresee significant adverse impacts to return 
for refill programs. Containers that have held P or U regulated 
substances are hazardous waste when discarded if the container is not 
empty in accordance with the provisions of Sec. 261.7. EPA views 
hazardous waste disposal requirements to encourage the return of the 
container by the public to such refill programs. Should containers, 
other than those which are empty, be disposed full compliance with all 
RCRA requirements would be triggered.

N. Executive Orders

    Several commenters believed that the Agency did not comply with 
Executive Order 12866 Regulatory Planning and Review (58 FR 51735, 
October 4, 1993). EPA believes it has complied with all provisions of 
E.O. 12866. Pursuant to the terms of Executive Order 12866, it has been 
determined that this rule is a ``significant regulatory action'' 
because of policy issues arising out of legal mandates. As such, this 
action was submitted to OMB for review. Changes made in response to OMB 
suggestions or recommendations are documented in the public record. See 
F-94-CPLP-0006.
    One commenter believes EPA failed to measure additional sources of 
contaminants with potential risk factors, and that these omissions are 
inconsistent with Executive Order 12898 Federal Action to Address 
Environmental Justice in Minority Populations and Low-income 
Populations, section 3-301(b), which provides that federal agencies 
should consider, whenever practicable and appropriate, multiple and 
cumulative exposures.
    EPA believes it has complied with all provisions of E.O. 12898 
(Environmental Justice). The Agency calculated risks for each exposure 
pathway of significance and considered the potential cumulative risks 
of multiple exposures to the same toxic contaminants via multiple 
pathways. The Agency acknowledges that there may be other exposures 
resulting from such pathways as facility air emissions or consumer 
product use, and has attempted to quantify only those risks associated 
with solid waste management.

O. Paperwork Reduction Act

    One commenter believes that the Paperwork Reduction Act (PRA) 
requirements have not been met with respect to the proposed rule in 
that it believes the reporting requirements under CERCLA for releases 
constitutes information collection and this the rule should be 
submitted to OMB for review.
    The proposed rule stated in error that this rule has no PRA 
requirements. However, this rule does not contain any new information 
collection requirements subject to OMB review under the Paperwork 
Reduction Act of 1980, 44 U.S.C. 3501 et seq. Facilities will have to 
comply with the existing Subtitle C recordkeeping and reporting 
requirements for the newly listed wastestreams.
    Release reporting required as a result of listing wastes as 
hazardous substances under CERCLA and adjusting the reportable 
quantities (RQs) has been approved under the provisions of the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has been assigned 
OMB control number 2050-0046 (ICR 1049, Notification of Episodic 
Release of Oil and Hazardous Substances).

P. Compliance Schedule

    Several commenters believed that EPA has not provided the regulated 
community with adequate time to comply with the rulemaking and should 
allow additional time for compliance which may require capital 
projects. This final rule allows for six months for compliance with 
this rule consistent and is consistent with RCRA Sec. 3010(b). A period 
of six months from the publication date of the listing is generally 
adequate time for the industry [[Page 7842]] to make arrangements for 
new waste management practices. The Agency realizes that some remedial 
activities such as the retrofit of surface impoundments may require a 
significantly longer compliance period. However, RCRA 
Sec. 3004(j)(6)(A) allows a 4-year compliance period for surface 
impoundments to meet the Minimum Technology Requirement (MTR). The 
Agency views these as adequate periods for compliance to be 
implemented.

VI. Compliance and Implementation

A. State Authority

1. Applicability of Rule in Authorized States
    Under section 3006 of RCRA, EPA may authorize qualified states to 
administer and enforce the RCRA program within the state. (See 40 CFR 
part 271 for the standards and requirements for authorization.) 
Following authorization, EPA retains enforcement authority under 
sections 3007, 3008, 3013,and 7003 of RCRA, although authorized states 
have primary enforcement responsibility.
    Before the Hazardous and Solid Waste Amendments of 1984 (HSWA) 
amended RCRA, a state with final authorization administered its 
hazardous waste program entirely in lieu of the Federal program in that 
state. The Federal requirements no longer applied in the authorized 
state, and EPA could not issue permits for any facilities located in 
the state with permitting authorization. When new, more stringent 
Federal requirements were promulgated or enacted, the state was 
obligated to enact equivalent authority within specified time-frames. 
New Federal requirements did not take effect in an authorized state 
until the state adopted the requirements as state law.
    By contrast, under section 3006(g) of RCRA, 42 U.S.C. 6926(g), new 
requirements and prohibitions imposed by the HSWA (including the 
hazardous waste listings finalized in this notice) take effect in 
authorized states at the same time that they take effect in non-
authorized states. EPA is directed to implement those requirements and 
prohibitions in authorized states, including the issuance of permits, 
until the state is granted authorization to do so. While states must 
still adopt HSWA-related provisions as State law to retain final 
authorization. HSWA applies in authorized States in the interim. 
Today's rule is promulgated pursuant to section 3001 of RCRA (42 U.S.C. 
6921). Therefore this rule has been added to Table 1 in 40 CFR 
271.1(j), which identifies the Federal program requirements that are 
promulgated pursuant to HSWA and take effect in all States, regardless 
of their authorization status. States may apply for either interim or 
final authorization for the HSWA provisions in 40 CFR 271.1(j) Table 1, 
as discussed in the following section.
2. Effect on State Authorizations
    Because this rule (with the exception of the actions under CERCLA 
authority) is promulgated pursuant to the HSWA, a state submitting a 
program modification is able to apply to receive either interim or 
final authorization under section 3006(g)(2) or substantially 
equivalent or equivalent to EPA's requirements. The procedures and 
schedule for State program modifications under 3006(b) are described in 
40 CFR 271.21. It should be noted that all HSWA interim authorizations 
are currently scheduled to expire on January 1, 2003 (see 57 FR 60129, 
February 18, 1992).
    Section 271.21(e)(2) of EPA's state authorization regulations (40 
CFR part 271) requires that states with final authorization modify 
their programs to reflect federal program changes and submit the 
modifications to EPA for approval. The deadline by which the states 
must modify their programs to adopt this regulation is determined by 
the date of promulgation of a final rule in accordance with 
Sec. 271.21(e)(2). Table 1 at 40 CFR 271.1 is amended accordingly. Once 
EPA approves the modification, the State requirements become RCRA 
Subtitle C requirements.
    States with authorized RCRA programs already may have regulations 
similar to those in this rule. These State regulations have not been 
assessed against the Federal regulations being finalized to determine 
whether they meet the tests for authorization. Thus, a state would not 
be authorized to implement these regulations as RCRA requirements until 
state program modifications are submitted to EPA and approved, pursuant 
to 40 CFR 271.21. Of course, states with existing regulations that are 
more stringent than or broader in scope than current Federal 
regulations may continue to administer and enforce their regulations as 
a matter of State law.
    It should be noted that authorized states are required to modify 
their programs only when EPA promulgates Federal standards that are 
more stringent or broader in scope than existing Federal standards. 
Section 3009 of RCRA allows states to impose standards more stringent 
than those in the Federal program. For those Federal program changes 
that are less stringent or reduce the scope of the Federal program, 
states are not required to modify their programs. See 40 CFR 271.1(i). 
This rule is neither less stringent than or a reduction in the scope of 
the current Federal program and, therefore, states would be required to 
modify their programs to retain authorization to implement and enforce 
these regulations.

B. Effective Date

    The effective date of today's rule is August 9, 1995. As discussed 
above, since today's rule is issued pursuant to HSWA authority, EPA 
will regulate the management of the newly identified hazardous wastes 
until states are authorized to regulate these wastes. Thus, EPA will 
apply Federal regulations to these wastes and to their management in 
both authorized and unauthorized states.

C. Section 3010  Notification

    Pursuant to RCRA section 3010, the Administrator may require all 
persons who handle hazardous wastes to notify EPA of their hazardous 
waste management activities within 90 days after the wastes are 
identified or listed as hazardous. This requirement may be applied even 
to those generators, transporters, and treatment, storage, and disposal 
facilities (TSDFs) that have previously notified EPA with respect to 
the management of other hazardous wastes. The Agency has decided to 
waive this notification requirement for persons who handle wastes that 
are covered by today's listings and have already (1) notified EPA that 
they manage other hazardous wastes; and (2) received an EPA 
identification number. The Agency has waived the notification 
requirement in this case because it believes that most, if not all, 
persons who manage these wastes have already notified EPA and received 
an EPA identification number. However, any person who generates, 
transports, treats, stores, or disposes of these wastes and has not 
previously received an EPA identification number must obtain an 
identification number pursuant to 40 CFR 262.12 to generate, transport, 
treat, store, or dispose of these hazardous wastes by May 10, 1995.

D. Generators and Transporters

    Persons that generate newly identified hazardous wastes may be 
required to obtain an EPA identification number, if they do not already 
have one (as discussed in section VI.C, above). In order to be able to 
generate or transport these wastes after the effective date of this 
rule, generators of the wastes listed today will be subject to the 
generator requirements set forth in 40 CFR 262. [[Page 7843]] These 
requirements include standards for hazardous waste determination (40 
CFR 262.11), compliance with the manifest (40 CFR 262.20 to 262.23), 
pretransport procedures (40 CFR 262.30 to 262.34), generator 
accumulation (40 CFR 262.34), recordkeeping and reporting (40 CFR 
262.40 to 262.44), and import/export procedures (40 CFR 262.50 to 
262.60). It should be noted that the generator accumulation provisions 
of 40 CFR 262.34 allow generators to accumulate hazardous wastes 
without obtaining interim status or a permit only in units that are 
container storage units or tank systems; the regulations also place a 
limit on the maximum amount of time that wastes can be accumulated in 
these units. If these wastes are managed in surface impoundments or 
other units that are not tank systems or containers, these units are 
subject to the permitting requirements of 40 CFR 264 and 265, and the 
generator is required to obtain interim status and seek a permit (or 
modify interim status or a permit, as appropriate). Also, persons who 
transport newly identified hazardous wastes will be required to obtain 
an EPA identification number as described above and will be subject to 
the transporter requirements set forth in 40 CFR part 263.

E. Facilities Subject to Permitting

1. Facilities Newly Subject to RCRA Permit Requirements
    Facilities that treat, store, or dispose of wastes that are subject 
to RCRA regulation for the first time by this rule (that is, facilities 
that have not previously received a permit pursuant to section 3005 of 
RCRA and are not currently operating pursuant to interim status, might 
be eligible for interim status (see section 3005(e)(1)(A)(ii) of RCRA, 
as amended). In order to obtain interim status based on treatment, 
storage or disposal of such newly identified wastes, eligible 
facilities are required to provide notice under section 3010 and to 
submit a Part A permit application no later than August 9, 1995. Such 
facilities are subject to regulation under 40 CFR Part 265 until a 
permit is issued.
    In addition, under section 3005(e)(3), not later than August 9, 
1995, land disposal facilities newly qualifying for interim status 
under section 3005(e)(1)(A)(ii) also must submit a Part B permit 
application and certify that the facility is in compliance with all 
applicable groundwater monitoring and financial responsibility 
requirements. If the facility fails to submit these certifications and 
a permit application, interim status will terminate on August 9, 1995.
2. Existing Interim Status Facilities
    Pursuant to 40 CFR 270.72(a)(1), all existing hazardous waste 
management facilities (as defined in 40 CFR 270.2) that treat, store, 
or dispose of the newly identified hazardous wastes and are currently 
operating pursuant to interim status under section 3005(e) of RCRA must 
file an amended Part A permit application with EPA no later than August 
9, 1995. By doing this, the facility may continue managing the newly 
listed wastes. If the facility fails to file an amended Part A 
application by August 9, 1995, the facility will not receive interim 
status for management of the newly listed wastes, and may not manage 
newly identified hazardous wastes until the facility receives either a 
permit or a change in interim status allowing such activity (40 CFR 
270.10(g)).
3. Permitted Facilities
    Under regulations promulgated by EPA on September 28, 1988, (see 53 
FR 37912), a hazardous waste management facility that has received a 
permit pursuant to section 3005 of RCRA and is ``in existence'' as a 
hazardous waste facility on the date for the newly listed wastes are 
first subject to regulation, may be eligible to continue managing the 
new wastes under 40 CFR 270.42(g) while steps necessary to obtain a 
permit modification to allow the facility to manage the wastes are 
taken. To continue to manage the newly listed hazardous wastes, 
eligible facilities must be in compliance with 40 CFR Part 265 
requirements with respect to management of the newly listed wastes and 
submit a Class 1 modification request no later than August 9, 1995. 
This modification is essentially a notification to the Agency that the 
facility is handling the waste. As part of the procedure, the permittee 
must also notify the public within 90 days of submittal to the Agency. 
See 40 CFR 270.42(a).
    The permittee must then submit a Class 2 or 3 permit modification 
to the Agency by 180 days after the effective date of the listing. A 
Class 2 modification is required if the newly listed wastes will be 
managed in existing permitted units or in newly regulated tank or 
container units and will not require additional or different management 
practices than those authorized in the permit. A Class 2 modification 
requires the facility owner to provide public notice of the 
modification request, a 60 day public comment period, and an informal 
meeting between the owner and the public within the 60-day period. The 
Class 2 process includes a ``default provision,'' which provides that 
if the Agency does not reach a decision within 120 days, the 
modification is automatically authorized for 180 days. If the Agency 
does not reach a decision by the end of that period, the modification 
is permanently authorized. See 40 CFR 270.42(b).
    A Class 3 modification is required if management of the newly 
listed wastes requires additional or different management practices 
than those authorized in the permit or if newly regulated land-based 
units are involve. The initial public notification and public meeting 
requirements are the same as for Class 2 modifications. However, after 
the end of the 60-day public comment period, the Agency will develop a 
draft permit modification, open a public comment period of 45 days, and 
hold a public hearing if requested. There is no default provision for 
Class 3 modifications. See 40 CFR 270.42(c).
    Under 40 CFR 270.42(g)(1)(v), for newly regulated land disposal 
units, permitted facilities must certify that the facility is in 
compliance with all applicable 40 CFR Part 265 ground-water monitoring 
and financial responsibility requirements no later than August 9, 1995. 
If the facility fails to submit these certifications, authority to 
manage the newly listed wastes under 40 CFR 270.42(g) will terminate on 
that date.
4. Units
    Units in which newly identified hazardous wastes are generated or 
managed will be subject to all applicable requirements of 40 CFR 264 
for permitted facilities or 40 CFR 265 for interim status facilities, 
unless the unit is excluded from such permitting by other provisions 
such as the wastewater treatment tank exclusions (40 CFR 264.1(g)(6) 
and 265.1(c)(10)), and the product storage tank exclusion (40 CFR 
261.4(c)). Examples of units to which these exclusions could never 
apply include landfills, land treatment units, waste piles, 
incinerators, and any other miscellaneous units in which these wastes 
may be generated or managed.
5. Closure
    All units in which newly identified hazardous wastes are treated, 
stored, or disposed after the effective date of this regulation that 
are not excluded from the requirements of 40 CFR 264 and 265 are 
subject to both the general closure and post-closure requirements of 
subpart G of 40 CFR 264 and 265, and [[Page 7844]] the unit-specific 
closure requirements set forth in the applicable unit technical 
standards subpart of 40 CFR 264 or 265 (e.g., subpart N for landfill 
units). Additionally, EPA recently promulgated a final rule that 
allows, under limited circumstances, regulated landfills, surface 
impoundments, or land treatment units to cease managing hazardous waste 
but to delay Subtitle C closure to allow the unit to continue to manage 
non-hazardous waste for a period of time prior to closure of the unit 
(see 54 FR 33376, August 14, 1989). Units for which closure is delayed 
continue to be subject to all applicable 40 CFR 264 and 265 
requirements. Dates and procedures for submittal of necessary 
demonstrations, permit applications, and revised applications are 
detailed in 40 CFR 264.113 (c) through (e) and 265.113 (c) through (e).

VI. CERCLA Designation and Reportable Quantities

    All hazardous wastes listed under RCRA and codified in 40 CFR 
261.31 through 261.33, as well as any solid waste that exhibits one or 
more of the characteristics of a RCRA hazardous waste (as defined in 
Sections 261.21 through 261.24), are hazardous substances under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (CERCLA), as amended. See CERCLA Section 101(14)(C). CERCLA 
hazardous substances are listed in Table 302.4 at 40 CFR 302.4 along 
with their reportable quantities (RQs). RQs are the minimum quantity of 
a hazardous substance that, if released, must be reported to the 
National Response Center (NRC) pursuant to CERCLA Sec. 103. In this 
rule, the Agency is listing the wastes in this action as CERCLA 
hazardous substances in Table 302.4 of 40 CFR 302.4. The RQ for each 
substance will be one pound as provided by statute for all newly 
designated hazardous substances until adjustment is made by regulation.

Reporting Requirements

    Under section 102(b) of CERCLA, all hazardous substances newly 
designated under CERCLA will have a statutory RQ of one pound unless 
and until adjusted by EPA regulation. Under CERCLA section 103(a), the 
person in charge of a vessel or facility from which a hazardous 
substance has been released in a quantity that equals or exceeds its RQ 
must immediately notify the NRC of the release as soon as that person 
has knowledge thereof. The toll free number of the NRC is 1-800-424-
8802; in the Washington, DC metropolitan area, the number is (202) 426-
2675. In addition to this reporting requirement under CERCLA, section 
304 of the Emergency Planning and Community Right-to-Know Act of 1986 
(EPCRA) requires owners or operators of certain facilities to report 
the release of a CERCLA hazardous substance to State and local 
authorities. EPCRA section 304 notification must be given immediately 
after the release of a RQ or more to the community emergency 
coordinator of the local emergency planning committee for each area 
likely to be affected by the release, and to the State emergency 
response commission of any State likely to be affected by the release.
    Releases equal to or greater than the one-pound statutory RQ are 
subject to the reporting requirements described above, unless and until 
the Agency adjusts the RQs for these substances in a future rulemaking.
    The Agency is currently working on a proposed rule to adjust the RQ 
values for the constituents in this rule. This rulemaking is on an 
expedited schedule in order to minimize the time between the effective 
date of this listing and the publication of the adjusted RQs. The 
Agency anticipates that the adjusted RQs for many of the hazardous 
constituents in this rule will be higher than the statutory one-pound 
RQ. Once the RQ adjustment rule is proposed the Agency will take the 
proposed adjusted RQs into consideration when contemplating an 
enforcement action. It is important to note that while the Agency does 
not generally focus its enforcement resources on cases that involve 
statutory RQs where adjusted RQs are being promulgated, the Agency may 
pursue an enforcement action based on the specific facts of a situation 
in a case where an RQ for a hazardous constituent has been exceeded. In 
deciding upon an enforcement action under CERCLA for failure to report 
a release that equals or exceeds an RQ, the Agency generally considers 
the following factors: The quantity and relative toxicity of the 
released substance, the actual or threatened human health hazard or 
environmental damage, the egregious nature of the responsible party, 
the impact of the type of violation upon the regulatory program, the 
expected deterrent effort of prosecution, and the status of the 
proposed RQ adjustment rulemaking.

                            Table 3.--One-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           1
                     chloride, triethylamine.                                                                   
K157..............  carbon tetrachloride, chloroform, formaldehyde, methyl ethyl ketone, methyl                1
                     chloride, methylene chloride, pyridine, 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             1
                     (Tirpate).                                                                                 
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-            1
                     trimethylpyrrolo[2,3-b]indol-5-yl methylcarbamate ester (1:1) (Physostigmine               
                     salicylate).                                                                               
P189..............  Carbamic acid, [(dibutylamino)thio]methyl-, 2,3-dihydro-2,2-dimethyl-7-                    1
                     benzofuranyl ester (Carbosulfan).                                                          
P190..............  Carbamic acid, methyl-, 3-methylphenyl ester (Metolcarb)........................           1
P191..............  Carbamic acid, dimethyl-,1-[(dimethylamino)carbonyl]-5-methyl-1H-pyrazol-3-yl              1
                     ester (Dimetilan).                                                                         
P192..............  Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl ester                 1
                     (Isolan).                                                                                  
U409..............  Carbamic acid, [1,2-phenylenebis(iminocarbonothioyl)]bis-, dimethyl ester                  1
                     (Thiophanate-methyl).                                                                      
P194..............  Ethanimidothioc acid, 2-(dimethylamino)-N-[[(methylamino)carbonyl]oxy]-2-oxo-,             1
                     methyl ester (Oxamyl).                                                                     
U410..............  Ethanimidothioic acid, N,N'-[thiobis[(methylimino)carbonyloxy]]bis-, dimethyl              1
                     ester (Thiodicarb).                                                                        
P196..............  Manganese, bis(dimethylcarbamodithioato-S,S')- (Manganese                                  1
                     dimethyldithiocarbamate).                                                                  
P197..............  Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]-          1
                      (Formparanate).                                                                           
P198..............  Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)carbonyl]oxy]phenyl]-,                  1
                     monohydrochloride (Formetanate hydrochloride).                                             
[[Page 7845]]                                                                                                   
                                                                                                                
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                    1
                     (Aldicarb sulfone).                                                                        
P204..............  Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethyl-,                       1
                     methylcarbamate (ester), (3aS-cis)- (Physostigmine).                                       
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              1
                     (Benomyl).                                                                                 
U375..............  Carbamic acid, butyl-, 3-iodo-2-propynyl ester (3-iodo-2-propynyl n-                       1
                     butylcarbamate).                                                                           
U376..............  Carbamodithioic acid, dimethyl-, tetraanhydrosulfide with orthothioselenious               1
                     acid (Selenium, tetrakis(dimethyldithiocarbamate)).                                        
U377..............  Carbamodithioic acid, methyl,- monopotassium salt (Potassium n-                            1
                     methyldithiocarbamate).                                                                    
U378..............  Carbamodithioic acid, (hydroxymethyl)methyl-, monopotassium salt (Potassium n-             1
                     hydroxymethyl-n-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                         1
                     dithiocarbamate).                                                                          
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              1
                     (Triallate).                                                                               
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               1
                     tetrasulfide).                                                                             
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

    Under Executive Order 12866 Regulatory Planning and Review (58 FR 
51735, October 4, 1993), the Agency must determine whether the 
regulatory action is ``significant'' and therefore subject to OMB 
review and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:

    (1) Have an annual effect on the economy of $100 million or more 
or adversely affects in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interferes with 
an action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive order.

    Pursuant to the terms of Executive Order 12866, it has been 
determined that this rule is a ``significant regulatory action'' 
because of policy issues arising out of legal mandates. As such, this 
action was submitted to OMB for review. Changes made in response to OMB 
suggestions or recommendations are documented in the public record.

IX. Economic Impact Analysis

    This section of the preamble summarizes the costs and the economic 
impact analysis (EIA) for the carbamate hazardous waste listings. Based 
upon the EIA, the Agency estimates that the listing of the six 
carbamate production wastes discussed above may result in nationwide 
annualized costs of at least $900,000. The previous EIA is available in 
the regulatory docket entitled ``Economic Impact Analysis of the 
Identification and Listing of Carbamate Production Waste,'' January 27, 
1994, (F-94-S0002). The EIA revised in response to comment is available 
in the regulatory docket and is entitled ``Economic Impact Analysis of 
the Identification and Listing of Carbamate Production Wastes,'' 
October 26, 1994.

A. Compliance Costs for Listings

    The remainder of this section briefly describes (1) the universe of 
carbamate production facilities and volumes of carbamate production 
wastes in the 6 waste groups listed, (2) the methodology for 
determining incremental cost and economic impacts to regulated 
entities, and (3) the regulatory flexibility analysis.
1. Universe of Carbamate Production Facilities and Waste Volumes
    In order to estimate costs for the EIA, it was first necessary to 
estimate total annual generation of carbamate production wastes. The 
domestic carbamate production industry is composed of 64 chemical 
products produced by 20 manufacturers at 24 facilities. Total annual 
waste quantities generated by these facilities were derived from a 1990 
survey of the carbamate production industry.
2. Method for Determining Cost and Economic Impacts
    This section details EPA's approach for estimating the incremental 
compliance cost and the economic impacts attributable to the listing of 
carbamate production waste. Because the carbamate production industry 
is relatively small (only 20 manufacturers at 24 facilities in 1990), 
EPA was able to collect facility-specific information and estimate 
incremental costs at the waste stream level. The information used in 
this analysis was collected in 1990 under the authority of a RCRA 
section 3007 survey; the survey included engineering site visits, and 
sampling and analysis of waste streams.

Approach to the Cost Analysis

    EPA's approach to the cost analysis for this rule was to compare 
the cost of current management practices, as reported in the 3007 
survey of carbamate production facilities, with the projected cost of 
management to comply with the RCRA Subtitle C hazardous waste program. 
This difference in cost, when annualized,\3\ represents the incremental 
annual compliance cost attributable to the rule. [[Page 7846]] 

    \3\Costs are discounted at a rate of 7 percent over a 20 year 
period.
---------------------------------------------------------------------------

Baseline or Current Management Scenario

    Relying on survey responses and engineering site visits, EPA was 
able to determine the current (i.e., 1990) management practices for the 
handling and disposal of carbamate production wastes. Current 
management practices varied among facilities and waste streams, and 
included such practices as off-site incineration, deep-well disposal, 
on-site destruction in boilers, and off-site landfilling. These current 
management practices at each facility represent the baseline scenario 
of the analysis.
    As part of the 3007 survey, EPA asked each facility to identify 
current costs for the management of carbamate production wastes. For 
this analysis, EPA has relied on and has not changed the industry's own 
waste-specific estimates concerning the cost of current management. EPA 
realizes that future events such as waste minimization efforts or 
increased demand for carbamate products may change waste generation 
volumes and, thus, future waste management costs.

Post-Regulatory Management Scenarios

    In predicting how industry would comply with the listing of 
carbamate production waste as RCRA hazardous waste, EPA developed nine 
post-regulatory management scenarios, described below, that represent 
reasonable management reactions on the part of industry. EPA developed 
these post-regulatory management categories based on its knowledge of 
current waste management and the physical and chemical properties of 
the waste.
    Unit costs for Subtitle C treatment (i.e., incineration) or land 
disposal, waste transportation between facilities, permit 
modifications, maintenance of contingency plans, manifesting and 
biannual reporting system (BRS) reporting are contained in Table 4 
below. The total volume of waste affected by each waste management 
category described above are presented below in Table 5.

     Table 4.--Post-Regulatory Waste Management Unit Cost Estimates     
------------------------------------------------------------------------
                                Cost (1992 $)              Source       
------------------------------------------------------------------------
Commercial hazardous waste  $1,600 per metric ton  SAIC/ICF analysis.   
 incineration.                                                          
Commercial hazardous waste  $200 per metric ton..  SAIC/ICF analysis.   
 landfill.                                                              
Hazardous waste             $0.27 per metric ton   SAIC analysis.       
 transportation.             per mile if under                          
                             200 miles.                                 
                            $0.24 per metric ton                        
                             per mile if over 200                       
                             miles.                                     
Class II on-site hazardous  $80,102..............  ICF analysis.        
 waste landfill permit                                                  
 modification\4\.                                                       
Class II on-site hazardous  $40,585..............  ICF analysis.        
 waste incinerator permit                                               
 modification\5\.                                                       
Other class II on-site      $7,476...............  ICF analysis.        
 hazardous waste treatment                                              
 permit modification.                                                   
Segregation of industrial   $10 per metric ton...  EPA estimate.        
 Subtitle D waste.                                                      
Maintenance of contingency  $200 per facility per  Source a.            
 plan.                       year.                                      
Manifesting\5\............  $36 per shipment.....  Sources b, c.        
BRS reporting.............  $428 per facility per  Sources c, d.        
                             year.                                      
------------------------------------------------------------------------
\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       
  Programs 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.                                                               


                                                                        
[[Page 7847]]                                                           
     Table 5.--Total Carbamate Production Waste Quantities and Total    
     Incremental Annual Cost Incurred by Each Post-Regulatory Waste     
                           Management Category                          
------------------------------------------------------------------------
                                                    Total               
                                                  quantity              
                                                     of         Total   
                                                  carbamate   annualized
   Post-regulatory waste management scenario     production  incremental
                                                    waste        cost   
                                                  affected     incurred 
                                                 (in metric             
                                                    tons)               
------------------------------------------------------------------------
MC 1...........................................     234,000     $25,600 
MC 2...........................................       6,400       8,200 
MC 3...........................................           1         700 
MC 4...........................................     809,900     776,700 
MC 5 and 6.....................................       2,700         200 
MC 7...........................................           0          20 
MC 8 and 9.....................................         240      68,100 
MC 10..........................................       4,100      41,000 
                                                -------------           
    Totala.....................................     840,000    910,000  
------------------------------------------------------------------------
aNumbers may not add due to rounding.                                   

Specific Analysis of K157 Wastewaters

    EPA examined two scenarios for the post-regulatory management of 
K157 wastewaters that do not meet the concentration-based exemption. 
The first scenario assumed that K157 wastewaters would continue to be 
sent through NPDES-permitted discharges or to POTWs, but that (1) 
sludge would be managed as hazardous waste, and (2) surface 
impoundments would be closed and converted to tanks. The second 
scenario assumed that wastewaters would be treated by steam stripping 
before discharge into centralized wastewater treatment systems.
    For the first K157 wastewater scenario, EPA reviewed the 
information collected as part of the RCRA section 3007 survey. The 
facility-specific information shows that only two facilities employ 
operational surface impoundments (as of 1990). EPA calculated the costs 
associated with the closure of the surface impoundments and conversion 
to tanks. The EIA technical background document contains details of 
these cost calculations. EPA estimated that the costs associated with 
the first scenario to be approximately $760,000 per year.
    For the second K157 wastewater scenario, EPA explored the 
possibility of off-site steam stripping as well as constructing on-site 
steam stripping units. EPA calculated rough engineering cost estimates 
for the on-site systems, both for capital costs and annual operation 
and maintenance. For volumes generated by these facilities 
(approximately 400 tons), EPA estimated the total annualized cost of 
off-site steam stripping6. The total estimated annualized cost for 
scenario two is $6.4 million.

    \6\Recent vendor quotes of off-site steam-stripping showed a 
cost of $0.75 per gallon (approximately $200 per metric ton).
---------------------------------------------------------------------------

    Because the K157 incremental annualized cost of scenario two is 
more than eight times that of scenario one, EPA assumed that industry 
would minimize its cost by adopting the lower-cost management7. 
The costs estimated for scenario one have been used in the total costs 
for K157 wastes reported below.

    \7\EPA also considered facility specific comparisons between 
scenarios one and two. It should be noted that, under scenario one, 
given the worst possible case (conversion of three surface 
impoundments, one tank cover and sludge disposal) costs were still 
favorable to those that would be incurred by the same facility under 
scenario two.
---------------------------------------------------------------------------

3. P and U List Wastes
    EPA has obtained its estimate of the amount of P and U wastes 
generated annually by the carbamate producers from the 1990 RCRA 
Section 3007 Survey. The $10,000 cost associated with managing the 40 
metric tons reported in the survey represents a lower-bound cost 
because it does not include wastes generated by pesticide formulators 
or distributors.
4. Potential Remedial Action Costs
    In addition to carbamate process wastes, the carbamate hazardous 
waste listing could affect the management of soils, ground water, and 
other remedial materials. The Agency's ``contained in'' policy defines 
certain remediation wastes ``containing'' a listed hazardous waste as a 
RCRA hazardous waste (See Chemical Waste Management v. EPA, 869 F.2d 
1526, D.C.C, 1989). Sites, where in newly identified hazardous wastes 
have been managed prior to the effective date of the new listings, may 
still have contaminant concentrations which exceed ``contained in'' 
levels. A person who actively manages such material could become a 
generator of RCRA hazardous waste. The likelihood of this imposing a 
significant additional burden is low since at least 22 of 24 carbamate 
production facilities are already permitted TSDFs. Releases from all 
solid waste management units at these TSDFs, including those that in 
the future would be found to contain a waste meeting the carbamate 
listing descriptions, are already covered by facility-wide corrective 
action under 40 CFR 264.101. These associated costs e.g., RCRA Facility 
Assessment have already been accounted for in the regulatory impact 
analysis of the corrective action rule.
    One corrective action-related cost that should be accounted for is 
the possible clean up cost associated with the out-of-service surface 
impoundment that become solid waste management units following their 
replacement with tanks. In the worst-case, facilities generating K157 
wastewaters will meet the concentration-based exemption and will 
abandon their surface impoundments following this listing. To calculate 
the corrective action costs, EPA has assumed clean closure in year one, 
with costs annualized over 20 years. To the clean closure costs, EPA 
has added the value of the abandoned land. Under these assumptions, 
annualized corrective action costs associated with this rule making 
total $472,000. If, however, the K157 wastewaters and all wastewaters 
derived from the treatment of K156 and comanaged with K157 wastes 
qualify for the concentration-based exemption, the corrective action 
costs are reduced to $12,000 annually.
5. Summary of Results
    Table 6 presents a summary of estimated national incremental 
annualized compliance costs, by newly identified hazardous waste 
number, associated with this rule.

   Table 6.--Annualized Incremental Compliance Cost for the Listing of  
     Carbamate Production Wastes Listed by Corresponding RCRA Codes     
------------------------------------------------------------------------
                                                      Annual incremental
                   RCRA waste code                      compliance cost 
------------------------------------------------------------------------
K156................................................             $14,000
K157................................................      10,000-770,000
K158................................................              37,000
K159................................................               1,200
K160................................................               2,100
K161................................................              61,000
P & U...............................................              10,000
    Total...........................................   140,000-900,000a 
------------------------------------------------------------------------
aFigures may not sum exactly because of rounding. Corrective action may 
  add $12,000 to the lower bound costs and $472,000 to the upper bound  
  costs.                                                                

X. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980 requires federal 
agencies to consider ``small entities'' throughout the regulatory 
process. Section 603 of the RFA requires an initial screening analysis 
to be performed to determine whether small entities will be affected by 
the regulation. If affected small entities are identified, regulatory 
alternatives must be considered which mitigate the potential impacts. 
Small entities as described in the Act are only those ``businesses, 
organizations and [[Page 7848]] governmental jurisdictions subject to 
regulation.''
    If, however, the head of the Agency certifies that the rule will 
not have a significant impact on a substantial number of small 
entities, no regulatory flexibility analysis is required.
    Table 7 presents the estimated annualized incremental compliance 
costs borne by the five small businesses\8\ in the carbamate production 
industry. The annual incremental cost of the rule for the five 
facilities ranged from $628 to $772. The greatest ratio of compliance 
cost to sales is 0.01%, thus, EPA concluded that no small businesses 
are significantly affected by this rule.

    \8\A small business is defined by the Small Business Size 
Regulations (13 CFR part 121) as one with under 500 employees.

        Table 7.--Results of the Regulatory Flexibility Analysis        
------------------------------------------------------------------------
                                                             Annual cost
                                       Annual                     of    
                                    incremental    Annual    compliance/
             Facility                 cost of       sales       annual  
                                        rule     (millions)     sales   
                                                              (percent) 
------------------------------------------------------------------------
1.................................        $772        $17.8       <0.01 
2.................................         628          110       <0.01 
3.................................         664          6.6        0.01 
4.................................         628           45       <0.01 
5.................................         736           19       <0.01 
------------------------------------------------------------------------

    Of the 24 entities which are directly subject to this rule, 18 
entities would incur incremental compliance costs. Of the 18 affected 
facilities, 4 entities fit the definition of a ``small entity'' as 
defined by the Regulatory Flexibility Act.\9\ The annual incremental 
cost impact to these 4 entities ranges from $600 to $800. For each of 
the 4 facilities impacted, these annual costs constitute less than 1 
percent of total annual sales. EPA believes that these costs do not 
represent a significant impact. Hence, pursuant to section 605(b) of 
the Regulatory Flexibility Act, 5 U.S.C. 605(b), ``the Administrator 
certifies that this rule will not have a significant economic impact on 
a substantial number of entities.''

    \9\According to ``EPA Guidelines for Implementing the Regulatory 
Flexibility Act'' (April, 1992), any producer of pesticides and 
agricultural chemicals (SIC 2879) with less than 500 employees 
constitutes a ``small entity.'' None of the entities which would 
incur incremental compliance costs as a result of this proposal have 
less than 500 employees.
---------------------------------------------------------------------------

XI. Paperwork Reduction Act

    This rule does not contain any new information collection 
requirements subject to OMB review under the Paperwork Reduction Act of 
1980, 44 U.S.C. 3501 et seq. Facilities will have to comply with the 
existing Subtitle C recordkeeping and reporting requirements for the 
newly listed wastestreams.
    To the extent that this rule imposes any information collection 
requirements under existing RCRA regulations promulgated in previous 
rulemakings, those requirements have been approved by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq., and have been assigned OMB control numbers 2050-
120 (ICR no. 1573, Part B Permit Application); 2050-120 (ICR 1571, 
General Facility Standards); 2050-0028 (ICR 261, Notification to Obtain 
an EPA ID); 2050-0034 (ICR 262, Part A Permit Application); 2050-0039 
(ICR 801, Hazardous Waste Manifest); 2050-0035 (ICR 820, Generator 
Standards); and 2050-0024 (ICR 976, Biennial Report).
    Release reporting required as a result of listing wastes as 
hazardous substances under CERCLA and adjusting the reportable 
quantities (RQs) has been approved under the provisions of the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has been assigned 
OMB control number 2050-0046 (ICR 1049, Notification of Episodic 
Release of Oil and Hazardous Substances).

List of Subjects

40 CFR Part 261

    Environmental protection, Hazardous materials, Waste treatment and 
disposal, Recycling.

40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business infirmation, Hazardous material transportation, 
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

40 CFR Part 302

    Environmental protection, Air pollution control, Chemicals, 
Emergency Planning and Community Right-to-Know Act, Extremely hazardous 
substances, Hazardous chemicals, Hazardous materials, Hazardous 
materials transportation, Hazardous substances, Hazardous wastes, 
Intergovernmental relations, Natural resources, Pesticides and pests, 
Reporting and recordkeeping requirements, Superfund, Waste treatment 
and disposal, Water pollution control, Water supply.

    Dated: January 31, 1995.
Carol M. Browner,
Administrator.
    For the reasons set out in the preamble, amend title 40 of the Code 
of Federal Regulations as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

    1. The authority citation for part 261 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.

    2. Section 261.3 is amended by removing the period at the end of 
paragraph (a)(2)(iv)(E) and adding a semi-colon and the word ``or'' and 
by adding paragraphs (a)(2)(iv)(F), (a)(2)(iv)(G) and (c)(2)(ii)(D) to 
read as follows.


Sec. 261.3  Definition of hazardous waste.

    (a) * * *
    (2) * * *
    (iv) * * *
    (E) * * *; or
    (F) One or more of the following wastes listed in Sec. 261.32--
wastewaters from the production of carbamates and carbamoyl oximes (EPA 
Hazardous Waste No. K157)--Provided that the maximum weekly usage of 
formaldehyde, methyl chloride, methylene chloride, and triethylamine 
(including all amounts that can not be demonstrated to be reacted in 
the process, destroyed through treatment, or is recovered, i.e., what 
is discharged or volatilized) divided by the average weekly flow of 
process wastewater prior to any dilutions into the headworks of the 
facility's wastewater treatment system does not exceed a total of 5 
parts per million by weight; or
    (G) Wastewaters derived from the treatment of one or more of the 
following wastes listed in Sec. 261.32--organic waste (including heavy 
ends, still bottoms, light ends, spent solvents, filtrates, and 
decantates) from the production of carbamates and carbamoyl oximes (EPA 
Hazardous Waste No. K156).--Provided, that the maximum concentration of 
formaldehyde, methyl chloride, methylene chloride, and triethylamine 
prior to any dilutions into the headworks of the facility's wastewater 
treatment system does not exceed a total of 5 milligrams per liter.
* * * * *
    (c) * * *
    (2) * * *
    (ii) * * *
    (D) Biological treatment sludge from the treatment of one of the 
following wastes listed in Sec. 261.32--organic waste 
[[Page 7849]] (including heavy ends, still bottoms, light ends, spent 
solvents, filtrates, and decantates) from the production of carbamates 
and carbamoyl oximes (EPA Hazardous Waste No. K156), and wastewaters 
from the production of carbamates and carbamoyl oximes (EPA Hazardous 
Waste No. K157).
* * * * *
    3. Section 261.32 is amended by adding in alphanumeric order (by 
the first column) the following waste streams to the subgroup `Organic 
chemicals' to read as follows.


Sec. 261.32  Hazardous waste from specific sources.

* * * * *

                                                                                                                
----------------------------------------------------------------------------------------------------------------
 Industry and EPA                                                                                               
  hazardous waste                                   Hazardous waste                                  Hazard code
        No.                                                                                                     
----------------------------------------------------------------------------------------------------------------
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Organic Chemicals:                                                                                              
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
    K156..........  Organic waste (including heavy ends, still bottoms, light ends, spent           (T)         
                     solvents, filtrates, and decantates) from the production of carbamates and                 
                     carbamoyl oximes.                                                                          
    K157..........  Wastewaters (including scrubber waters, condenser waters, washwaters, and       (T)         
                     separation waters) from the production of carbamates and carbamoyl oximes.                 
    K158..........  Bag house dusts and filter/separation solids from the production of carbamates  (T)         
                     and carbamoyl oximes.                                                                      
    K159..........  Organics from the treatment of thiocarbamate wastes...........................  (T)         
    K160..........  Solids (including filter wastes, separation solids, and spent catalysts) from   (T)         
                     the production of thiocarbamates and solids from the treatment of                          
                     thiocarbamate wastes.                                                                      
    K161..........  Purification solids (including filtration, evaporation, and centrifugation      (R,T)       
                     solids), bag house dust and floor sweepings from the production of                         
                     dithiocarbamate acids and their salts. (This listing does not include K125 or              
                     K126.).                                                                                    
----------------------------------------------------------------------------------------------------------------

* * * * *
    4. The tables in Sec. 261.33(e) and (f) are amended by adding in 
alphabetic order (by the third column) the following substances to read 
as follows:


Sec. 261.33  Discarded commercial chemical products, off-specification 
species, container residues, and spill residues thereof.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                      Chemical                                                                                  
  Hazardous waste    abstracts                                      Substance                                   
        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.                                                     
[[Page 7850]]                                                                                                   
                                                                                                                
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 waste    abstracts                                      Substance                                   
        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.                         
[[Page 7851]]                                                                                                   
                                                                                                                
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.                                            
                                                                                                                
[[Page 7852]]                                                                                                   
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
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.                                                                 
[[Page 7853]]                                                                                                   
                                                                                                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
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 261--Hazardous Constituents                               
----------------------------------------------------------------------------------------------------------------
                                                                                         Chemical      Hazardous
          Common name                          Chemical abstracts name                 abstracts No.   waste No.
----------------------------------------------------------------------------------------------------------------
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
A2213..........................  Ethanimidothioic acid, 2- (dimethylamino) -N-            30558-43-1  U394      
                                  hydroxy-2-oxo-, methyl ester.                                                 
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Aldicarb sulfone...............  Propanal, 2-methyl-2- (methylsulfonyl) -, O-              1646-88-4  P203      
                                  [(methylamino) carbonyl] oxime.                                               
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Barban.........................  Carbamic acid, (3-chlorophenyl) -, 4-chloro-2-             101-27-9  U280      
                                  butynyl ester.                                                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Bendiocarb.....................  1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl              22781-23-3  U278      
                                  carbamate.                                                                    
Bendiocarb phenol..............  1,3-Benzodioxol-4-ol, 2,2-dimethyl-,...............      22961-82-6  U364      
Benomyl........................  Carbamic acid, [1- [(butylamino) carbonyl]- 1H-          17804-35-2  U271      
                                  benzimidazol-2-yl] -, methyl ester.                                           
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Bis (dibutylcarbamothioa to)     Molybdenum, bis (dibutylcarbamothioato) dioxodi-,        68412-26-0  U389      
 dioxodimolydenum sulfurized.     sulfurized.                                                                   
Bis (pentamethylene)-thiuram     Piperidine, 1,1'-(tetrathiodicarbonothioyl)-bis-...        120-54-7  U400      
 tetrasulfide.                                                                                                  
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Butylate.......................  Carbamothioic acid, bis (2-methylpropyl)-, S-ethyl        2008-41-5  U392      
                                  ester.                                                                        
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
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-,                1563-66-2  P127      
                                  methylcarbamate.                                                              
Carbofuran phenol..............  7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-..........       1563-38-8  U367      
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Carbosulfan....................  Carbamic acid, [(dibutylamino) thio] methyl-, 2,3-       55285-14-8  P189      
                                  dihydro-2,2-dimethyl-7-benzofuranyl ester.                                    
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Copper dimethyldithiocarbamate.  Copper, bis(dimethylcarbamodithioato-S,S')-,.......        137-29-1  U393      
[[Page 7854]]                                                                                                   
                                                                                                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
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-             533-74-4  U366      
                                  dimethyl.                                                                     
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Diethylene glycol, dicarbamate.  Ethanol, 2,2'-oxybis-, dicarbamate.................       5952-26-1  U395      
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Dimetilan......................  Carbamic acid, dimethyl-, 1- [(dimethylamino)              644-64-4  P191      
                                  carbonyl]-5-methyl-1H-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)      23422-53-9  P198      
                                  carbonyl]oxy]phenyl]-, monohydrochloride.                                     
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Formparanate...................  Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-            17702-57-7  P197      
                                  [[(methylamino) carbonyl]oxy]phenyl]-.                                        
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
3-Iodo-2-propynyl n-             Carbamic acid, butyl-, 3-iodo-2-propynyl ester.....      55406-53-6  U375      
 butylcarbamate.                                                                                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Isolan.........................  Carbamic acid, dimethyl-, 3-methyl-1-(1-                   119-38-0  P192      
                                  methylethyl)-1H-pyrazol-5-yl ester.                                           
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Manganese                        Manganese, bis(dimethylcarbamodithioato-S,S')-,....      15339-36-3  P196      
 dimethyldithiocarbamate.                                                                                       
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Metam Sodium...................  Carbamodithioic acid, methyl-, monosodium salt.....        137-42-8  U384      
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Methiocarb.....................  Phenol, (3,5-dimethyl-4-(methylthio)-,                    2032-65-7  P199      
                                  methylcarbamate.                                                              
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Metolcarb......................  Carbamic acid, methyl-, 3-methylphenyl ester.......       1129-41-5  P190      
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Mexacarbate....................  Phenol, 4-(dimethylamino)-3,5-dimethyl-,                   315-18-4  P128      
                                  methylcarbamate (ester).                                                      
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Molinate.......................  1H-Azepine-1-carbothioic acid, hexahydro-, S-ethyl        2212-67-1  U365      
                                  ester.                                                                        
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Oxamyl.........................  Ethanimidothioc acid, 2-(dimethylamino)-N-               23135-22-0  P194      
                                  [[(methylamino)carbonyl]oxy]-2-oxo-, methyl ester.                            
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Pebulate.......................  Carbamothioic acid, butylethyl-, S-propyl ester....       1114-71-2  U391      
                                                                                                                
[[Page 7855]]                                                                                                   
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Physostigmine..................  Pyrrolo[2,3-b]indol-5-01, 1,2,3,3a,8,8a-hexahydro-          57-47-6  P204      
                                  1,3a,8-trimethyl-, methylcarbamate (ester), (3aS-                             
                                  cis)-.                                                                        
Physostigmine..................  Benzoic acid, 2-hydroxy-, compd. with (3aS-cis) -           57-64-7  P188      
                                  1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo                               
                                  [2,3-b]indol-5-yl methylcarbamate ester (1:1).                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Potassium                        Carbamodithioc acid, dimethyl, potassium salt......        128-03-0  U383      
 dimethyldithiocarbamate.                                                                                       
Potassium hyroxymethyl-n-methyl- Carbamodithioc acid, (hydroxymethyl)methyl-,             51026-28-9  U378      
 dithiocarbamate.                 monopotassium salt.                                                           
Potassium n-                     Carbamodithioc acid, methyl-monopotassium salt.....        137-41-7  U377      
 methyldithiocarbamate.                                                                                         
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Promecarb......................  Phenol, 3-methyl-5-(1-methylethyl)-, methyl               2631-37-0  P201      
                                  carbamate.                                                                    
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
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)          52888-80-9  U387      
                                  ester.                                                                        
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Selenium, tetrakis (dimethyl-    Carbamodithioic acid, dimethyl-,                           144-34-3  U376      
 dithiocarbamate.                 tetraanhydrosulfide with orthothioselenious 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         95-06-7  U277      
                                  ester.                                                                        
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
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)      59669-26-0  U410      
                                  carbonyloxy]] bis-, dimethyl ester.                                           
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Thiophanate-methyl.............  Carbamic acid, [1,2-phyenylenebis                        23564-05-8  U409      
                                  (iminocarbonothioyl)] bis-, dimethyl ester.                                   
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Tirpate........................  1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-       26419-73-8  P185      
                                  [(methylamino) carbonyl] oxime.                                               
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Triallate......................  Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-        2303-17-5  U389      
                                  trichloro-2-propenyl) ester.                                                  
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
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 appendix.                                                                 


[[Page 7856]]

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE 
PROGRAMS

    7. The authority citation for part 271 continues to read as 
follows:

    Authority: 42 U.S.C. 6902; 33 U.S.C. 1321 and 1361.

    8. Section 271.1(j) is amended by adding the following entry to 
Table 1 in chronological order by date of publication to read as 
follows.


Sec. 271.1  Purpose and scope.

* * * * *
    (j) * * *

               Table 1.--Regulations 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  [Insert Federal Register  Aug. 9, 1995            
                           of Carbamates.                      page numbers].                                   
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------

PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION

    9. The authority citation for part 302 continues to read as 
follows:

    Authority: 42 U.S.C. 9602, 9603, and 9604; 33 U.S.C. 1321 and 
1361.

    10. Section 302.4 is amended by adding the following entries in 
alphabetical order to Table 302.4 to read as follows. The appropriate 
footnotes to Table 302.4 are republished without change.


Sec. 302.4  Designation of hazardous substances.

* * * * *

                      Table 302.4.--List of Hazardous Substances and Reportable Quantities                      
----------------------------------------------------------------------------------------------------------------
                                                                     Statutory                   Final RQ       
                                                          ------------------------------------------------------
  Hazardous substance      CASRN      Regulatory synonyms                     RCRA waste                Pounds  
                                                              RQ      Code+       No.      Category      (Kg)   
----------------------------------------------------------------------------------------------------------------
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
1H-Azepine-1-               2212671  ....................  1*              4  U365        ..........  # #       
 carbothioic acid,                                                                                              
 hexahydro-, S-ethyl                                                                                            
 ester (Molinate).                                                                                              
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
1,3-Benzodioxol-4-ol,      22961826  ....................  1*              4  U364        ..........  # #       
 2,2-dimethyl-,                                                                                                 
 (Bendiocarb phenol).                                                                                           
1,3-Benzodioxol-4-ol,      22781233  ....................  1*              4  U278        ..........  # #       
 2,2-dimethyl-, methyl                                                                                          
 carbamate                                                                                                      
 (Bendiocarb).                                                                                                  
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
7-Benzofuranol, 2,3-        1563388  ....................  1*              4  U367        ..........  # #       
 dihydro-2,2-dimethyl-                                                                                          
 (Carbofuran phenol).                                                                                           
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Benzoic acid, 2-              57647  ....................  1*              4  P188        ..........  # #       
 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) (Physostigmine                                                                                           
 salicylate).                                                                                                   
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Bis(dimethylthiocarbam        97745  ....................  1*              4  U401        ..........  # #       
 oyl) sulfide                                                                                                   
 (Tetramethylthiuram                                                                                            
 monosulfide).                                                                                                  
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Carbamic acid, butyl-,     55406536  ....................  1*              4  U375        ..........  # #       
 3-iodo-2-propynyl                                                                                              
 ester (3-iodo-2-                                                                                               
 propynyl n-                                                                                                    
 butylcarbamate).                                                                                               
Carbamic acid, [1-         17804352  ....................  1*              4  U271        ..........  # #       
 [(butylamino)carbonyl                                                                                          
 ]-1H-benzimidazol-2-                                                                                           
 yl, methyl ester                                                                                               
 (Benomyl).                                                                                                     
Carbamic acid, 1H-         10605217  ....................  1*              4  U372        ..........  # #       
 benzimidazol-2-yl,                                                                                             
 methyl ester                                                                                                   
 (Carbendazim).                                                                                                 
Carbamic acid, (3-           101279  ....................  1*              4  U280        ..........  # #       
 chlorophenyl)-, 4-                                                                                             
 chloro-2-butynyl                                                                                               
 ester (Barban).                                                                                                
Carbamic acid,             55285148  ....................  1*              4  P189        ..........  # #       
 [(dibutylamino)thio]m                                                                                          
 ethyl-, 2,3-dihydro-                                                                                           
 2,2-dimethyl-7-                                                                                                
 benzofuranyl ester                                                                                             
 (Carbosulfan).                                                                                                 
Carbamic acid,               644644  ....................  1*              4  P191        ..........  # #       
 dimethyl-,1-                                                                                                   
 [(dimethylamino)carbo                                                                                          
 nyl]-5-methyl-1H-                                                                                              
 pyrazol-3-yl ester                                                                                             
 (Dimetilan).                                                                                                   
Carbamic acid,               119380  ....................  1*              4  P192        ..........  # #       
 dimethyl-, 3-methyl-1-                                                                                         
 (1-methylethyl)-1H-                                                                                            
 pyrazol-5-yl ester                                                                                             
 (Isolan).                                                                                                      
[[Page 7857]]                                                                                                   
                                                                                                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Carbamic acid, methyl-      1129415  ....................  1*              4  P190        ..........  # #       
 , 3-methylphenyl                                                                                               
 ester (Metolcarb).                                                                                             
Carbamic acid, [1,2-       23564058  ....................  1*              4  U409        ..........  # #       
 phenylenebis(iminocar                                                                                          
 bonothioyl)]bis-,                                                                                              
 dimethyl ester                                                                                                 
 (Thiophanate-methyl).                                                                                          
Carbamic acid, phenyl-       122429  ....................  1*              4  U373        ..........  # #       
 , 1-methylethyl ester                                                                                          
 (Propham).                                                                                                     
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Carbamodithioic acid,        136301  ....................  1*              4  U379        ..........  # #       
 dibutyl, sodium salt                                                                                           
 (Sodium                                                                                                        
 dibutyldithiocarbamat                                                                                          
 e).                                                                                                            
Carbamodithioic acid,         95067  ....................  1*              4  U277        ..........  # #       
 diethyl-, 2-chloro-2-                                                                                          
 propenyl ester                                                                                                 
 (Sulfallate).                                                                                                  
Carbamodithioic acid,        148185  ....................  1*              4  U381        ..........  # #       
 diethyl-, sodium salt                                                                                          
 (Sodium                                                                                                        
 diethyldithiocarbamat                                                                                          
 e).                                                                                                            
Carbamodithioic acid,        128030  ....................  1*              4  U383        ..........  # #       
 dimethyl, potassium                                                                                            
 salt (Potassium                                                                                                
 dimethyldithiocarbama                                                                                          
 te).                                                                                                           
Carbamodithioic acid,        128041  ....................  1*              4  U382        ..........  # #       
 dimethyl-, sodium                                                                                              
 salt (Sodium                                                                                                   
 dimethyldithiocarbama                                                                                          
 te).                                                                                                           
Carbamodithioic acid,        144343  ....................  1*              4  U376        ..........  # #       
 dimethyl-,                                                                                                     
 tetraanhydrosulfide                                                                                            
 with                                                                                                           
 orthothioselenious                                                                                             
 acid (Selenium,                                                                                                
 tetrakis(dimethyldith                                                                                          
 iocarbamate)).                                                                                                 
Carbamodithioic acid,      51026289  ....................  1*              4  U378        ..........  # #       
 (hydroxymethyl)methyl-                                                                                         
 , monopotassium salt                                                                                           
 (Potassium n-                                                                                                  
 hydroxymethyl-n-                                                                                               
 methyldithiocarbamate                                                                                          
 ).                                                                                                             
Carbamodithioic acid,        137417  ....................  1*              4  U377        ..........  # #       
 methyl,-                                                                                                       
 monopotassium salt                                                                                             
 (Potassium n-                                                                                                  
 methyldithiocarbamate                                                                                          
 ).                                                                                                             
Carbamodithioic acid,        137428  ....................  1*              4  U384        ..........  # #       
 methyl-, monosodium                                                                                            
 salt (Metam Sodium).                                                                                           
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Carbamothioic acid,         2008415  ....................  1*              4  U392        ..........  # #       
 bis(2-methylpropyl)-,                                                                                          
 S-ethyl ester                                                                                                  
 (Butylate).                                                                                                    
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Carbamothioic acid,         2303175  ....................  1*              4  U389        ..........  # #       
 bis(1-methylethyl)-,                                                                                           
 S-(2,3,3-trichloro-2-                                                                                          
 propenyl) ester                                                                                                
 (Triallate).                                                                                                   
Carbamothioic acid,         1114712  ....................  1*              4  U391        ..........  # #       
 butylethyl-, S-propyl                                                                                          
 ester (Pebulate).                                                                                              
Carbamothioic acid,         1134232  ....................  1*              4  U386        ..........  # #       
 cyclohexylethyl-, S-                                                                                           
 ethyl ester                                                                                                    
 (Cycloate).                                                                                                    
Carbamothioic acid,          759944  ....................  1*              4  U390        ..........  # #       
 dipropyl-, S-ethyl                                                                                             
 ester (EPTC).                                                                                                  
Carbamothioic acid,        52888809                        1*              4  U387                    # #       
 dipropyl-, S-                                                                                                  
 (phenylmethyl) ester                                                                                           
 (Prosulfocarb).                                                                                                
Carbamothioic acid,         1929777                        1*              4  U385                    # #       
 dipropyl-, S-propyl                                                                                            
 ester (Vernolate).                                                                                             
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Copper,                      137291                        1*              4  U393                    # #       
 bis(dimethylcarbamodi                                                                                          
 thioato-S,S')-(Cooper                                                                                          
 dimethyldithiocarbama                                                                                          
 te).                                                                                                           
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
1,3-Dithiolane-2-          26419738                        1*              4  P185                    # #       
 carboxaldehyde, 2,4-                                                                                           
 dimethyl-, O-                                                                                                  
 [(methylamino)carbony                                                                                          
 l]oxime (Tirpate).                                                                                             
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Ethanimidothioci acid,     30558431                        1*              4  U394                    # #       
 2-(dimethylamino-N-                                                                                            
 hydroxy-2-oxo-,                                                                                                
 methyl ester (A2213).                                                                                          
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Ethanimidothoic acid,      23135220                        1*              4  P194                    # #       
 2-(dimethylamino)-N-                                                                                           
 [[(methylamino)carbon                                                                                          
 yl]oxy]-2-oxo-,                                                                                                
 methyl ester (Oxamyl).                                                                                         
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Ethanimidothioic acid,     59669260                        1*              4  U410                    # #       
 N,N'-                                                                                                          
 [thiobis[(methylimino                                                                                          
 )carbonyloxy]]bis-                                                                                             
 ,dimethyl ester                                                                                                
 (Thiodicarb).                                                                                                  
                                                                                                                
[[Page 7858]]                                                                                                   
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Ethanol, 2,2'-oxybis-,      5952261                        1*              4  U395                    # #       
 dicarbamate                                                                                                    
 (Diethylene glycol,                                                                                            
 dicarbamate).                                                                                                  
                                                                                                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Iron,                      14484641                        1*              4  U396                    # #       
 tris(dimethylcarbamod                                                                                          
 ithioato-S,S')-                                                                                                
 (Ferbam).                                                                                                      
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Manganese,                 15339363                        1*              4  P196                    # #       
 bis(dimethylcarbamodi                                                                                          
 thioato-S,S')-                                                                                                 
 (Manganese                                                                                                     
 dimethyldithiocarbama                                                                                          
 te).                                                                                                           
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Methanimidamide, N,N-      23422539                        1*              4  P198                    # #       
 dimethyl-N'-[3-                                                                                                
 [[(methylamino)carbon                                                                                          
 yl]oxylphenyl]-,                                                                                               
 monohydrochioride                                                                                              
 (Formetanate                                                                                                   
 hydrochloride).                                                                                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Methanimidamide, N,N-      17702577                        1*              4  P197                    # #       
 dimethyl-N'-[2-methyl-                                                                                         
 4-                                                                                                             
 [[(methylamino)carbon                                                                                          
 yl]oxy]phenyl]-                                                                                                
 (Formparanate).                                                                                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Phenol, 3-(1-                 64006                        1*              4  P202                    # #       
 methylethyl)-, methyl                                                                                          
 carbamate (m-Cumenyl                                                                                           
 methylcarbamate).                                                                                              
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Phenol, 3-methyl-5-(1-      2631370                        1*              4  P201                    # #       
 methylethyl)-, methyl                                                                                          
 carbamate (Promecarb).                                                                                         
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Piperidine, 1,1'-            120547                        1*              4  U400                    # #       
 (tetrathiodicarbonoth                                                                                          
 ioyl)-bis-                                                                                                     
 (Bis(pentamenthylene)                                                                                          
 thiuram tetrasulfide).                                                                                         
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Propanal, 2-methyl-2-       1646884                        1*              4  P203                    # #       
 (methylsulfonyl)-, O-                                                                                          
 [(methylamino)carbony                                                                                          
 l] oxime (Aldicarb                                                                                             
 sulfone).                                                                                                      
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
                                                                                                                
Pyrrolo[2,3-b] indol-5-       57476                        1*              4  P204                    # #       
 ol, 1,2,3,3a,8,8a-                                                                                             
 hexahydro-1,3a,8-                                                                                              
 trimethyl-,                                                                                                    
 methylcarbamate                                                                                                
 (ester), (3aS-cis)-                                                                                            
 (Physostigmine.                                                                                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
2H-1,3,5-Thiadiazine-2-      533744                        1*              4  U366                    # #       
 thione, tetrahydro-                                                                                            
 3,5-dimethyl-                                                                                                  
 (Dazomet).                                                                                                     
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Thioperoxydicarbonic        1634022                        1*              4  U402                    # #       
 diamide, tetrabutyl                                                                                            
 (Tetrabutylthiuram                                                                                             
 disulfide).                                                                                                    
Thioperoxydicarbonic          97778  ....................  1*              4  U403        ..........  # #       
 diamide, tetraethyl                                                                                            
 (Disulfiram).                                                                                                  
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Zinc,                        137304                        1*              4  P205                    # #       
 bis(dimethylcarbomodi                                                                                          
 thioato-S,S')-,                                                                                                
 (Ziram).                                                                                                       
Zinc,                      14324551                        1*              4  U407                    # #       
 bis(diethylcarbamodit                                                                                          
 hioato-S,S')-(Ethyl                                                                                            
 Ziram).                                                                                                        
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
K156  Organic waste                                        1*              4  K156                    # #       
 (including heavy                                                                                               
 ends, still bottoms,                                                                                           
 light ends, spent                                                                                              
 solvents, filtrates,                                                                                           
 and decantates) from                                                                                           
 the production of                                                                                              
 carbamates and                                                                                                 
 carbamoyl oximes.                                                                                              
K157  Wastewaters                                          1*              4  K157                    # #       
 (including scrubber                                                                                            
 waters, condenser                                                                                              
 waters, washwaters,                                                                                            
 and separation                                                                                                 
 waters) from the                                                                                               
 production of                                                                                                  
 carbamates and                                                                                                 
 carbamoyl oximes                                                                                               
 (This listing does                                                                                             
 not include sludges                                                                                            
 derived from the                                                                                               
 treatment of these                                                                                             
 wastewaters).                                                                                                  
K158  Bag house dusts                                      1*              4  K158                    # #       
 and filter/separation                                                                                          
 solids from the                                                                                                
 production of                                                                                                  
 carbamates and                                                                                                 
 carbamoyl oximes.                                                                                              
K159  Organics from                                        1*              4  K159                    # #       
 the treatment of                                                                                               
 thiocarbamate wastes.                                                                                          
[[Page 7859]]                                                                                                   
                                                                                                                
K160  Solids                                               1*              4  K160                    # #       
 (including filter                                                                                              
 wastes, separation                                                                                             
 solids, and spent                                                                                              
 catalysts) from the                                                                                            
 production of                                                                                                  
 thiocarbamates and                                                                                             
 solids from the                                                                                                
 treatment of                                                                                                   
 thiocarbamate wastes.                                                                                          
K160  Purification                                         1*              4  K161                    # #       
 solids (including                                                                                              
 filtration,                                                                                                    
 evaporation, 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.).                                                                                                        
----------------------------------------------------------------------------------------------------------------
+--Indicates the statutory source as defined by 1, 2, 3, and 4 below.                                           
4--Indicates that the statutory source for designation of this hazardous substance under CERCLA is RCRA Section 
  3001.                                                                                                         
1*--Indicates that the 1-pound RQ is a CERCLA statutory RQ.                                                     
# #--The 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