[Federal Register Volume 60, Number 156 (Monday, August 14, 1995)]
[Rules and Regulations]
[Pages 41817-41818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20002]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261

[FRL-5276-3]


Hazardous Waste Management System: Carbamate Production, 
Identification and Listing of Hazardous Waste

AGENCY: Environmental Protection Agency.

ACTION: Interpretative rule.

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SUMMARY: The Environmental Protection Agency is today announcing a 
change in the Agency's interpretation of its rule that lists wastes 
from carbamate production as hazardous wastes under the Resource 
Conservation and Recovery Act (RCRA). Under this new interpretation, 
wastes from the production of non-carbamate intermediates that are used 
exclusively in the production of carbamates but are not produced at the 
ultimate site of manufacture of the carbamates will not be subject to 
the rule. These wastes are among those given the RCRA waste code 
designations K-156 and K-157 in the rule.

EFFECTIVE DATE: August 8, 1995.

ADDRESSES: The official record for this interpretative rule is 
identified as Docket number F-95-CPLF-FFFFF and is located in the RCRA 
Docket, Room M2616 (5305), 401 M Street, SW, Washington, DC, 20460. The 
public may make an appointment in order to review docket materials by 
calling (202) 260-9327. The docket is open for inspection from 9 AM to 
4 PM, Monday through Friday, excluding Federal holidays. The public may 
copy material from any regulatory docket at a cost of $0.15 per page.

FOR FURTHER INFORMATION CONTACT:
For general information contact the RCRA/Superfund Hotline, toll free, 
at (800) 424-9346, or at (703) 920-9810. For technical information 
concerning this notice, contact Mr. John Austin, Office of Solid Waste 
(5304), U.S. Environmental Protection Agency, 401 M Street, SW, 
Washington, DC, 20460, (202) 260-4789.

SUPPLEMENTARY INFORMATION: 

I. Background

    On February 9, 1995 (60 FR 7824), EPA promulgated regulations under 
RCRA that listed as hazardous wastes six wastes generated during the 
production of carbamates and 58 commercial chemical products that 
become hazardous wastes when they are discarded or intended to be 
discarded. This rule becomes effective on August 9, 1995.
    Among the six wastes subject to the rule are those designated by 
EPA as K-156 and K-157. The K-156 listing consists of ``[o]rganic waste 
(including heavy ends, still bottoms, light ends, spent solvents, 
filtrates, and decantates) from the production of carbamates and 
carbamoyl oximes'' (60 FR 7849, to be codified at 40 CFR 261.32). This 
waste was listed because it contains one or more of the following 
hazardous constituents of concern: formaldehyde, methylene chloride, 
triethylamine, carbofuran, benomyl, carbendazim, carbaryl, or 
carbosulfan (60 FR 7853, to be codified in Appendix VII to 40 CFR Part 
261).
    The K-157 listing consists of ``[w]astewaters (including scrubber 
waters, condenser waters, washwaters and separation waters) from the 
production of carbamates and carbamoyl oximes'' (60 FR 7849, to be 
codified at 40 CFR 261.32). This waste was listed because it contained 
one or more of the following hazardous constituents of concern--carbon 
tetrachloride, formaldehyde, methyl chloride, methylene chloride, 
pyridine, or triethylamine (60 FR 7853, to be codified in Appendix VII 
to 40 CFR Part 261).
    Public comments on the proposed rule requested that EPA clarify the 
definition of carbamate ``production,'' principally to ensure that 
production would not include operations that isolate non-carbamate 
product for which there is otherwise a commercial market. In response 
to these comments, EPA set out its interpretation of the definition of 
production for purposes of the carbamate listing rule in the preamble 
to the final rule at 60 FR 7830.
    After considering the comments and examining the industry, EPA 
concluded that carbamate production for purposes of the rule begins 
with the synthesis of non-carbamate chemicals that have no other use 
except for the production of a carbamate product. These non-carbamate 
chemicals are known as chemical ``intermediates'' in the industry. The 
consequence of this interpretation is that wastes generated from the 
manufacture of these 

[[Page 41818]]
intermediates would be considered to be within the scope of the 
listing.
    In its preamble interpretation, the Agency stated that processes 
that produce non-carbamate products which may be used in carbamate 
production, but have other uses, are not included in the definition of 
carbamate production. These latter processes would include production 
of phosgene and methyl isocyanate.
    However, EPA also interpreted carbamate production to include 
manufacture of the non-carbamate intermediates used exclusively in 
carbamate production regardless of whether the manufacture occurred at 
the ultimate site of manufacture of the carbamate chemical. EPA 
specifically cited, as examples of these off-site intermediates--
bendiocarb phenol, A-2213 (an intermediate in oxamyl production), and 
carbofuran phenol. 60 FR 7830.
    A number of petitions for review challenging the carbamate listing 
have been filed in the United States Court of Appeals for the District 
of Columbia Circuit. These cases have been consolidated under the name, 
Dithiocarbamate Task Force v. EPA, Docket No. 95-1249.
    As a result of settlement discussions EPA has reexamined the 
rulemaking record and determined that it lacks support for the 
interpretation of ``production'' as including manufacture of non-
carbamate intermediates not produced at the ultimate site of carbamate 
production. In particular, information submitted by the producers of 
these non-carbamate intermediates shows that their wastes generated 
from manufacture of these intermediates do not contain any of the 
hazardous constituents of concern for which the K-156 and K-157 wastes 
have been listed. EPA has no other information to indicate that these 
waste streams contain any of these constituents.
    Thus, EPA believes it has interpreted the definition of carbamate 
production in an overly broad manner to include wastes that should not 
be subject to the rule. Accordingly, EPA hereby changes its 
interpretation of carbamate ``production'' not to include non-carbamate 
intermediates that are produced at a site other than the ultimate site 
of carbamate production. Wastes from the production of such 
intermediates will not be covered by the listing.

II. Justification for Making the Interpretation Immediately 
Effective

    EPA considers this change to its regulatory interpretation to be an 
interpretative rule exempt from the requirement for public notice and 
opportunity for comment procedures under 5 U.S.C. 553(b) of the 
Administrative Procedure Act (APA), because it informs the public of 
the Agency's views of how the term, ``production,'' in its own 
regulations will apply to carbamate waste listings. Also, EPA does not 
consider that this interpretation is subject to the requirements of the 
APA (5 U.S.C. 553(d)) or RCRA (section 3010(b); 42 U.S.C. 6930(d)) to 
delay the effective date of regulations after they are promulgated.
    To the extent it may be argued that EPA is required to provide 
public notice and opportunity to comment or delay in the effective 
date, the Agency finds that good cause exists not to apply these 
procedures. If either notice and comment or delayed effective date 
procedures were applied, the off-site non-carbamate waste streams would 
become subject to the requirements of RCRA Subtitle as of August 9. The 
Agency has determined that this would be unfair, since EPA's rulemaking 
record indicates that the risks from these wastes are not significant 
and that the record does not support regulating them. Given the 
likelihood that the risks appear to be insignificant, at least to the 
extent they are examined in the rulemaking record, the wastes should 
not be subjected to the extensive requirements of the RCRA waste 
management regulations.

    Dated: August 8, 1995.
Carol M. Browner,
Administrator.
[FR Doc. 95-20002 Filed 8-11-95; 8:45 am]
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