Federal Register, Volume 61 Issue 166 (Monday, August 26, 1996)

[Federal Register Volume 61, Number 166 (Monday, August 26, 1996)]
[Rules and Regulations]
[Pages 43924-43931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21626]

[[Page 43923]]

_______________________________________________________________________

Part V

Environmental Protection Agency

_______________________________________________________________________

40 CFR Parts 268 and 271

Emergency Revision of the Land Disposal Restrictions (LDR) Phase III
Treatment Standards for Listed Hazardous Wastes From Carbamate
Production; Final Rule

Federal Register / Vol. 61, No. 166 / Monday, August 26, 1996 / Rules
and Regulations

[[Page 43924]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 268 and 271

[EPA # 530-Z-96-002; FRL-5560-1]
RIN 2050-AD38

Emergency Revision of the Land Disposal Restrictions (LDR) Phase
III Treatment Standards for Listed Hazardous Wastes From Carbamate
Production

AGENCY: Environmental Protection Agency (EPA, the Agency).

ACTION: Immediate final rule.

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

SUMMARY: On April 8, 1996, EPA published treatment standards (the
``Phase III'' final rule) for a number of hazardous wastes associated
with the production of carbamate pesticides (``carbamate wastes'') (61
FR 15566, April 8, 1996). The treatment standards were expressed as
levels of chemical constituents that had to be measured in treatment
residues before land disposal. They became effective July 8, 1996.
The Agency recently has become aware, however, of a serious
analytic monitoring problem associated with the carbamate constituent
treatment standards. Laboratory standards (chemicals used to calibrate
laboratory instruments) do not exist for every carbamate constituent.
Since commercial laboratories currently are unable to analyze all of
the carbamate waste constituents, treatment facilities cannot certify
that the LDR treatment standards have been achieved. Today's final rule
revises the carbamate waste treatment standards for one year from the
date of publication by allowing carbamate wastes to be treated either
by any technology which achieves the constituent concentration levels
promulgated in the Phase III rule, or by treatment technologies
specified in this final rule as alternative treatment standards. This
rule also suspends the requirement to treat carbamate waste
constituents when they are expected to be present in ignitable,
corrosive, reactive or toxic hazardous wastes as ``underlying hazardous
constituents.''
The Agency believes that these temporary alternative treatment
standards will assure that carbamate wastes are adequately treated
prior to land disposal, while providing time for analytic chemical
standards to be developed. At the end of the year EPA expects that
laboratories will be able to perform the analyses necessary to measure
compliance with treatment levels. At that time, therefore, the LDR
treatment standards for carbamate wastes will revert to those
originally promulgated in the Phase III rule.

EFFECTIVE DATE: August 26, 1996.

ADDRESSES: Supporting materials are available for viewing in the RCRA
Information Center (RIC), located at Crystal Gateway One, 1235
Jefferson Davis Highway, First Floor, Arlington, VA. The Docket
Identification Number is F-96-P32F-FFFFF. The RIC is open from 9 a.m.
to 4 p.m., Monday through Friday, except for Federal holidays. The
public must make an appointment to review docket materials by calling
(703) 603-9230. The public may copy a maximum of 100 pages from any
regulatory document at no cost. Additional copies cost $0.15 per page.

FOR FURTHER INFORMATION CONTACT: For general information contact the
RCRA Hotline at 800-424-9346 (toll-free) or 703-412-9810 locally. For
technical information on the carbamate treatment standards, contact
Shaun McGarvey in the Office of Solid Waste, phone 703-308-8603. For
specific information about this rule, contact Rhonda Craig, phone 703-
308-8771.

SUPPLEMENTARY INFORMATION:

I. Background

The Phase III final rule established treatment standards for 64
listed hazardous wastes associated with carbamate pesticide production
(61 FR 15583; see also the attached appendix for the list of carbamate
wastes). The treatment standards were at Universal Treatment Standard
(UTS) levels for 21 of the constituents of concern (16 organic
constituents and 5 metals), and at newly-established levels for 42
other constituents that were added to the UTS list.
The wastewater standards for the 42 new constituents were based on
data developed by the Office of Water for the development of effluent
guideline limitations, or on data transferred from other UTS
constituents. These data reflected performance of biodegradation,
combustion, carbon adsorption, or chemical oxidation.
There were no sampling data from treatment of carbamate
nonwastewaters at the time treatment standards were being developed;
thus, the nonwastewater treatment standard levels were calculated using
analytical detection limits, based on EPA's experience that combustion
technologies destroy organic constituents to nondetectable levels. To
account for variability, the treatment standards were based on the
detection limit for the waste constituent times a variability factor.
(See BDAT Background Document for Carbamates at 4-4 through 4-9.)
During the comment period for the Phase III proposed rule, EPA
became aware that commenters thought a number of the 42 constituents
with newly-established UTS levels did not have EPA-recommended
analytical methods for measuring compliance. Furthermore, some
commenters noted that laboratory standards were not available for some
of the constituents. Thus, laboratories would not be able to calibrate
their instruments to measure compliance with treatment standards for
those constituents. EPA responded that analytical methods had been
recommended for all carbamate waste constituents, and that analytical
standards were expected to become available prior to the Phase III
effective date, as laboratories geared up for the new regulation.
After EPA published the Phase III rule on April 8, 1996, but
shortly before the treatment standards took effect on July 8, several
companies in the waste management industry again contacted EPA
reporting that analytic laboratory standards were in fact not available
for some of the carbamate waste constituents. The Agency contacted
several laboratories (see Memorandum to the Docket from Shaun McGarvey,
EPA, August 1, 1996). EPA now agrees that the waste management industry
was unintentionally left in a quandary: they were required to certify
compliance with the carbamate waste treatment standards but commercial
laboratories indicated that they were only able to perform the
necessary analyses for some of the newly regulated constituents. Thus,
it would be impossible to document that the treatment standards were or
were not achieved for those constituents which cannot be analyzed.
The problem was complicated by the LDR rules that pertain to
regulation of underlying hazardous constituents (UHCs) in
characteristic (or formerly characteristic) hazardous wastes. Because
42 new carbamate constituents have been added to the UTS list (61 FR
15584), they thus become UHCs. Under the regulations published on May
24, 1993 (the ``Emergency Rule,'' 58 FR 29860; codified at 40 CFR
268.2(i), 268.7(a) and 268.9), and on September 19, 1994 (Phase II
Rule, 59 FR 47982; same citations as above), whenever a generator sends
a characteristic (or formerly-characteristic) waste to a treatment
facility, they must identify for treatment not only the hazardous
characteristic, but also all UHCs reasonably expected to be present in
the waste at the point of generation. Because of the lack of laboratory

[[Page 43925]]

standards for all carbamate constituents, generators could not in all
cases identify the UHCs reasonably expected to be present in their
wastes, and treatment facilities and EPA could not monitor compliance
with the standards for the carbamate UHCs.

II. The Revised Carbamate Treatment Standards

This final rule establishes temporary treatment standards for
carbamate wastes for a one-year period. EPA believes that one year is
sufficient time for laboratory standards to be developed and for
laboratories to take appropriate steps to do the necessary analyses for
these wastes. The temporary alternative treatment standards will be in
effect for one year from the date of publication of this final rule.
The Phase III rule required treatment of carbamate wastes to UTS
levels. The temporary alternative standards being promulgated today
provide waste handlers with a choice of meeting the Phase III treatment
levels, or of using a specified treatment technology. Combustion is the
specified technology for nonwastewaters; combustion, biodegradation,
chemical oxidation, and carbon adsorption are the specified
technologies for wastewaters. These technologies are defined at 40 CFR
268.42, Table 1 (see technology codes: BIODG, CARBN, CHOXD, and CMBST).
If the wastes are treated by a specified technology, there is no
requirement to measure compliance with treatment levels (thus the
analytical problems are avoided). Because the performance of these Best
Demonstrated Available Technologies (BDATs) was the basis of the
originally promulgated treatment levels, EPA believes that temporarily
allowing the use of these BDATs-- without a requirement to monitor the
treatment residues--fully satisfies the core requirement of the LDR
program: hazardous wastes must be effectively treated before they are
land disposed.
EPA considered completely replacing the carbamate treatment
standard levels with specified treatment methods, rather than providing
the alternative approach being promulgated in this rule. EPA decided it
was better to retain the treatment levels (along with the alternative
treatment methods) and let the regulated community decide which
treatment standards to meet. EPA believes that it is important to
retain the treatment levels because laboratories may be ready to
analyze all carbamate waste constituents before the end of the year.
Furthermore, it is possible that a carbamate waste would not contain
any of the problem constituents that cannot be analyzed at this time.
Thus compliance with the treatment levels for such a waste could easily
be measured.
The Agency's preference, ultimately, is to establish only
constituent treatment standard levels for these wastes. The Agency
believes that compliance with treatment levels provides maximum
flexibility in selecting treatment technologies, while ensuring that
the technologies are optimally operated to achieve full waste
treatment. Therefore, the alternative specified treatment technologies
only temporarily satisfy the LDR treatment standards. The treatment
standards will revert exclusively to treatment levels at the end of one
year.
The Agency is also temporarily suspending inclusion of carbamate
waste constituents on the UTS list at 40 CFR 268.48. Not including
these constituents on the UTS list elimiantes the need to identify and
treat them, and monitor compliance with their UTS levels, when they are
present as UHCs in characteristic hazardous wastes.
The Agency believes that suspending the carbamate constituents from
the UTS list will not have adverse environmental consequences because
it will be in effect for only one year. Furthermore, EPA found in the
Phase III rulemaking that these constituents are unlikely to occur in
wastes generated outside the carbamate production industry (61 FR
15584, April 8, 1996), so today's rule may not cause an adverse
environmental impact because carbamate constituents simply are not
present in most characteristic hazardous wastes.

III. Good Cause for Foregoing Notice and Comment Requirements

This final rule is being issued without notice and opportunity for
public comment. Under the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), an agency may forgo notice and comment in promulgating a
rule when, according to the APA, the agency for good cause finds (and
incorporates the finding and a brief statement of the reasons for that
finding into the rules issues) that notice and public comments
procedures are impracticable, unnecessary, or contrary to the public
interest. For the reasons set forth below, EPA believes it has good
cause to find that notice and comment would be unnecessary and contrary
to the public interest, and therefore is not required by the APA.
First, the Agency has discovered an unanticipated unavailability of
analytic laboratory standards for a number of the carbamate waste
constituents covered by the Phase III rule. As a practical matter,
therefore, members of the regulated community cannot fully document
compliance with the requirements of the treatment standard through no
fault of their own. For the same reason, EPA cannot ascertain
compliance for these constituents.
In addition, this unavailability of analytic standards is likely to
create a serious disruption in the production of at least some
carbamate pesticides. Although the treatment of the restricted
carbamate wastes through biodegradation, carbon adsorption, chemical
oxidation (for wastewaters), and combustion is both possible and highly
effective, certification that the treatment actually meets the
treatment standard levels may not be possible in many instances.
Without the certification, disposal of the residuals left after
treatment cannot legally occur. The Agency believes this situation will
quickly impede production of certain pesticides, since legal disposal
of some carbamate wastes will no longer be available. See Steel
Manufacturers Ass'n v. EPA, 27 F.3d 642, 646-47 (D.C. Cir. 1994)
(absence of a treatment standard providing a legal means of disposing
of wastes from a process is equivalent to shutting down that process).
With regard to the suspension of certain carbamates as underlying
hazardous constituents in characteristic (and formerly-characteristic)
prohibited wastes, the Agency believes that the same practical
difficulties described for listed carbamate wastes would be created.
Finally, today's rule merely removes, on a temporary basis, an
administrative hurdle that would impede sound management of certain
hazardous wastes. By altering the treatment standard to allow
certification of compliance, the Agency can ensure that treatment
through use of the BDAT basis of the treatment standard levels actually
occurs without delay.
Consequently, EPA today is preserving the core of the promulgated
Phase III rule by ensuring that the restricted carbamate wastes are
treated by a BDAT before they are land disposed. At the same time, EPA
is eliminating the situation which could halt production of carbamate
pesticides. For these reasons, EPA believes there is good cause to
issue the rule immediately without prior notice and opportunity for
comment.

IV. Rationale for Immediate Effective Date

The Agency believes that the regulated community is in the
untenable position of having to comply with treatment standards for
which there is not an analytical way to measure

[[Page 43926]]

compliance. Therefore, it is imperative that relief be immediately
provided from those treatment standards. In addition, today's rule does
not create additional regulatory requirements; rather, it provides
greater flexibility for compliance with treatment standards. For these
reasons, EPA finds that good cause exists under section 3010(b)(3) of
RCRA, 42 U.S.C. 6903(b)(3), to provide for an immediate effective date.
See generally 61 FR at 15662. For the same reasons, EPA finds that
there is good cause under 5 U.S.C. 553(b)(3) to waive the requirement
that regulations be published at least 30 days before they become
effective.

V. Analysis Under Executive Order 12866, the Unfunded Mandates Reform
Act of 1995, the Regulatory Flexibility Act, and the Paperwork
Reduction Act

This final rule does not create new regulatory requirements;
rather, it provides a temporary alternative means to comply with the
treatment standards already promulgated. Therefore, this final rule is
not a ``significant'' regulatory action within the meaning of Executive
Order 12866.
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector, and does not impose any Federal
mandate on State, local, or tribal governments or the private sector
within the meaning of the Unfunded Mandates Reform Act of 1995. This
final rule does not create new regulatory requirements; rather, it
provides a temporary alternative means to comply with the treatment
standards already promulgated. EPA has determined that this rule does
not contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any one year. Thus, today's rule is
not subject to the requirements of sections 202 and 205 of the UMRA.
For the same reasons, EPA has determined that this rule contains no
regulatory requirements that might significantly or uniquely affect
small governments.
EPA has determined that this rule will not have a significant
economic impact on a substantial number of small entities. EPA
recognizes that small entities may own and/or operate carbamate
pesticide manufacturing operations or TSDFs that will become subject to
the requirements of the land disposal restrictions program. However,
since such small entities are already subject to the requirements in 40
CFR part 268, this rule does not impose any additional burdens on these
small entities, because this rule does not create new regulatory
requirements. Rather, it provides a temporary alternative means to
comply with the treatment standards already promulgated.
Therefore, EPA provides the following certification under the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act. Pursuant to the provision at 5 U.S.C. 605(b),
I hereby certify that this final rule will not have a significant
economic impact on a substantial number of small entities. It does not
impose any new burdens on small entities. This rule, therefore, does
not require a regulatory flexibility analysis.
Today's 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. Because there are no new information
collection requirements in today's rule, an Information Collection
Request has not been prepared.

VI. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

VII. State Authority

A. 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. Following
authorization, EPA retains enforcement authority under sections 3008,
3013, and 7003 of RCRA, although authorized States have primary
enforcement responsibility. The standards and requirements for
authorization are found in 40 CFR Part 271.
Prior to HSWA, a State with final authorization administered its
hazardous waste program in lieu of EPA administering 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 that the State was authorized to permit. When new, more
stringent Federal requirements were promulgated or enacted, the State
was obliged 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.
In contrast, under RCRA section 3006(g) (42 U.S.C. 6926(g)), new
requirements and prohibitions imposed by HSWA take effect in authorized
States at the same time that they take effect in unauthorized States.
EPA is directed to carry out these requirements and prohibitions in
authorized States, including the issuance of permits, until the State
is granted authorization to do so.
Today's rule is being promulgated pursuant to section 3004(m), of
RCRA (42 U.S.C. 6924(m)). Therefore, the Agency is adding today's rule
to Table 1 in 40 CFR 271.1(j), which identifies

[[Page 43927]]

the Federal program requirements that are promulgated pursuant to HSWA.
States may apply for final authorization for the HSWA provisions in
Table 1, as discussed in the following section of this preamble.

B. Effect on State Authorization

As noted above, EPA will implement today's rule in authorized
States until they modify their programs to adopt these rules and the
modification is approved by EPA. Because today's rule is promulgated
pursuant to HSWA, a State submitting a program modification may apply
to receive interim or final authorization under RCRA section 3006(g)(2)
or 3006(b), respectively, on the basis of requirements that are
substantially equivalent or equivalent to EPA's. The procedures and
schedule for State program modifications for final authorization are
described in 40 CFR 271.21. All HSWA interim authorizations will expire
January 1, 2003. (See Sec. 271.24 and 57 FR 60132, December 18, 1992.)
In general, EPA recommends that States pay close attention to the
sunset date for today's rule. If States are adopting the Phase III rule
before the sunset date of today's rule, and applying for authorization,
EPA strongly encourages these States to adopt today's rule when they
adopt the April 8, 1996, Phase III rule. States should note that after
the sunset date, the provisions of this rule will be considered less
stringent. Thus, States would be barred under section 3009 of RCRA,
from adopting this rule after the date one year from the date of
publication of today's rule, and would not be able to receive
authorization for it. States that are planning to adopt and become
authorized for today's rule and the Phase III rule should factor the
sunset date into their rulemaking activities.

Appendix to Preamble --List of Regulated Carbamate Wastes

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), baghouse dust, and floor sweepings from the
production of dithiocarbamate acids and their salts. (This listing
does not include K125 or K126.)
P203 Aldicarb sulfone
P127 Carbofuran
P189 Carbosulfan
P202 m-Cumenyl methylcarbamate
P191 Dimetilan
P198 Formetanate hydrochloride
P197 Formparanate
P192 Isolan
P196 Manganese dimethyldithiocarbamate
P199 Methiocarb
P190 Metolcarb
P128 Mexacarbate
P194 Oxamyl
P204 Physostigmine
P188 Physostigmine salicylate
P201 Promecarb
P185 Tirpate
P205 Ziram
U394 A2213
U280 Barban
U278 Bendiocarb
U364 Bendiocarb phenol
U271 Benomyl
U400 Bis(pentamethylene)thiuram tetrasulfide
U392 Butylate
U279 Carbaryl
U372 Carbendazim
U367 Carbofuran phenol
U393 Copper dimethyldithiocarbamate
U386 Cycloate
U366 Dazomet
U395 Diethylene glycol, dicarbamate
U403 Disulfiram
U390 EPTC
U407 Ethyl Ziram
U396 Ferbam
U375 3-Iodo-2-propynyl n-butylcarbamate
U384 Metam Sodium
U365 Molinate
U391 Pebulate
U383 Potassium dimethyl dithiocarbamate
U378 Potassium n-hydroxymethyl-n-methyldithiocarbamate
U377 Potassium n-methyldithiocarbamate
U373 Propham
U411 Propoxur
U387 Prosulfocarb
U376 Selenium, tetrakis (dimethyldithiocarbamate)
U379 Sodium dibutyldithiocarbamate
U381 Sodium diethyldithiocarbamate
U382 Sodium dimethyldithiocarbamate
U277 Sulfallate
U402 Tetrabutylthiuram disulfide
U401 Tetramethylthiuram monosulfide
U410 Thiodicarb
U409 Thiophanate-methyl
U389 Triallate
U404 Triethylamine
U385 Vernolate

List of Subjects

40 CFR Part 268

Hazardous waste, Reporting and recordkeeping requirements.

40 CFR Part 271

Administrative practice and procedure, Hazardous materials
transportation, Hazardous waste, Penalties, Reporting and recordkeeping
requirements.

Dated: August 20, 1996.
Carol M. Browner,
Administrator.

For the reasons set forth in the preamble, title 40, chapter I of
the Code of Federal Regulations is amended as follows:

PART 268--LAND DISPOSAL RESTRICTIONS

1. The authority citation for part 268 continues to read as
follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.

Subpart D--Treatment Standards

2. Section 268.40 is amended by adding paragraph (g) and by
revising in the table ``Treatment Standards for Hazardous Wastes'' the
entries for K156-K161, P127, P128, P185, P188-P192, P194, P196-P199,
P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-U379, U381-
U387, U389-U396, U400-U404, U407, and U409-U411; to read as follows:

Sec. 268.40 Applicability of treatment standards.

* * * * *
(g) Between August 26, 1996 and August 26, 1997 the treatment
standards for the wastes specified in 40 CFR 261.32 as EPA Hazardous
Waste numbers K156-K161; and in 40 CFR 261.33 as EPA Hazardous Waste
numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271,
U277-U280, U364-U367, U372, U373, U375-U379, U381-U387, U389-U396,
U400-U404, U407, and U409-U411; and soil contaminated with these
wastes; may be satisfied by either meeting the constituent
concentrations presented in the table ``Treatment Standards for
Hazardous Wastes'' in this section, or by treating the waste by the
following technologies: combustion, as defined by the technolgy code
CMBST at Sec. 268.42 Table 1, for nonwastewaters; and, biodegradation
as definded by the technolgy code BIODG, carbon adsorption as defined
by the technology code CARBN, chemical oxidation as defined by the
technology code CHOXD, or combustion as defined as technolgy code CMBST
at Sec. 268.42 Table 1, for wastewaters.

[[Page 43928]]

Treatment Standards for Hazardous Wastes
[Note: NA means not applicable]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulated hazardous constituent Wastewaters Nonwastewaters
-----------------------------------------------------------------------------------------------------------
Waste description and Concentration Concentration in mg/
Waste code treatment/regulatory in mg/l \3\; kg \5\ unless noted
subcategory \1\ Common name CAS \2\ No. or technology as ``mg/l TCLP'' or
code \4\ technology code
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
K156 Organic waste Acetonitrile......................................... 75-05-8 5.6 1.8
(including heavy
ends, still bottoms,
light ends, spent
solvents, filtrates,
and decantates) from
the production of
carbamates and
carbamoyl oximes
\10\.
Acetophenone......................................... 96-86-2 0.010 9.7
Aniline.............................................. 62-53-3 0.81 14
Benomyl.............................................. 17804-35-2 0.056 1.4
Benzene.............................................. 71-43-2 0.14 10
Carbaryl............................................. 63-25-2 0.006 0.14
Carbenzadim.......................................... 10605-21-7 0.056 1.4
Carbofuran........................................... 1563-66-2 0.006 0.14
Carbosulfan.......................................... 55285-14-8 0.028 1.4
Chlorobenzene........................................ 108-90-7 0.057 6.0
Chloroform........................................... 67-66-3 0.046 6.0
o-Dichlorobenzene.................................... 95-50-1 0.088 6.0
Methomyl............................................. 16752-77-5 0.028 0.14
Methylene chloride................................... 75-09-2 0.089 30
Methyl ethyl ketone.................................. 78-93-3 0.28 36
Naphthalene.......................................... 91-20-3 0.059 5.6
Phenol............................................... 108-95-2 0.039 6.2
Pyridine............................................. 110-86-1 0.014 16
Toluene.............................................. 108-88-3 0.080 10
Triethylamine........................................ 121-44-8 0.081 1.5
K157 Wastewaters Carbon tetrachloride................................. 56-23-5 0.057 6.0
(including scrubber
waters, condenser
waters, washwaters,
and separation
waters) from the
production of
carbamates and
carbamoyl oximes
\10\.
Chloroform........................................... 67-66-3 0.046 6.0
Chloromethane........................................ 74-87-3 0.19 30
Methomyl............................................. 16752-77-5 0.028 0.14
Methylene chloride................................... 75-09-2 0.089 30
Methyl ethyl ketone.................................. 78-93-3 0.28 36
o-Phenylenediamine................................... 95-54-5 0.056 5.6
Pyridine............................................. 110-86-1 0.014 16
Triethylamine........................................ 121-44-8 0.081 1.5
K158 Bag house dusts and Benomyl.............................................. 17804-35-2 0.056 1.4
filter/separation
solids from the
production of
carbamates and
carbamoyl oximes
\10\.
Benzene.............................................. 71-43-2 0.14 10
Carbenzadim.......................................... 10605-21-7 0.056 1.4
Carbofuran........................................... 1563-66-2 0.006 0.14
Carbosulfan.......................................... 55285-14-8 0.028 1.4
Chloroform........................................... 67-66-3 0.046 6.0
Methylene chloride................................... 75-09-2 0.089 30
Phenol............................................... 108-95-2 0.039 6.2
K159 Organics from the Benzene.............................................. 71-43-2 0.14 10
treatment of
thiocarbamate wastes
\10\.
Butylate............................................. 2008-41-5 0.003 1.5
EPTC (Eptam)......................................... 759-94-4 0.003 1.4
Molinate............................................. 2212-67-1 0.003 1.4

[[Page 43929]]

Pebulate............................................. 1114-71-2 0.003 1.4
Vernolate............................................ 1929-77-7 0.003 1.4
K160 Solids (including Butylate............................................. 2008-41-5 0.003 1.5
filter wastes,
separation solids,
and spent catalysts)
from the production
of thiocarabamates
and solids from the
treatment of
thiocarbamate wastes
\10\.
EPTC (Eptam)......................................... 759-94-4 0.003 1.4
Molinate............................................. 2212-67-1 0.003 1.4
Pebulate............................................. 1114-71-2 0.003 1.4
Toluene.............................................. 108-88-3 0.080 10
Vernolate............................................ 1929-77-7 0.003 1.4
K161 Purification solids Antimony............................................. 7440-36-0 1.9 2.1 mg/l TCLP
(including
filtration,
evaporation, and
centrifugation
solids), baghouse
dust and floor
sweepings from the
production of
dithiocarbamate
acids and their
salts \10\.
Arsenic.............................................. 7440-38-2 1.4 5.0 mg/l TCLP
Carbon disulfide..................................... 75-15-0 3.8 4.8 mg/l TCLP
Dithiocarbamates (total)............................. 137-30-4 0.028 28
Lead................................................. 7439-92-1 0.69 0.37 mg/l TCLP
Nickel............................................... 7440-02-0 3.98 5.0 mg/l TCLP
Selenium............................................. 7782-49-2 0.82 0.16 mg/l TCLP

* * * * * * *
P127 Carbofuran \10\...... Carbofuran........................................... 1563-66-2 0.006 0.14
P128 Mexacarbate \10\..... Mexacarbate.......................................... 315-18-4 0.056 1.4
P185 Tirpate \10\......... Tirpate.............................................. 26419-73-8 0.056 0.28
P188 Physostigmine Physostigmine salicylate............................. 57-64-7 0.056 1.4
salicylate \10\.
P189 Carbosulfan \10\..... Carbosulfan.......................................... 55285-14-8 0.028 1.4
P190 Metolcarb \10\....... Metolcarb............................................ 1129-41-5 0.056 1.4
P191 Dimetilan \10\....... Dimetilan............................................ 644-64-4 0.056 1.4
P192 Isolan \10\.......... Isolan............................................... 119-38-0 0.056 1.4
P194 Oxamyl \10\.......... Oxamyl............................................... 23135-22-0 0.056 0.28
P196 Manganese Dithiocarbamates (total)............................. NA 0.028 28
dimethyldithiocarbam
ate \10\.
P197 Formparanate \10\.... Formparanate......................................... 17702-57-7 0.056 1.4
P198 Formetanate Formetanate hydrochloride............................ 23422-53-9 0.056 1.4
hydrochloride \10\.
P199 Methiocarb \10\...... Methiocarb........................................... 2032-65-7 0.056 1.4
P201 Promecarb \10\....... Promecarb............................................ 2631-37-0 0.056 1.4
P202 m-Cumenyl m-Cumenyl methylcarbamate............................ 64-00-6 0.056 1.4
methylcarbamate \10\.
P203 Aldicarb sulfone \10\ Aldicarb sulfone..................................... 1646-88-4 0.056 0.28
P204 Physostigmine \10\... Physostigmine........................................ 57-47-6 0.056 1.4
P205 Ziram \10\........... Dithiocarbamates (total)............................. NA 0.028 28

* * * * * * *
U271 Benomyl \10\......... Benomyl.............................................. 17804-35-2 0.056 1.4
U277 Sulfallate \10\...... Dithiocarbamates (total)............................. NA 0.028 28
U278 Bendiocarb \10\...... Bendiocarb........................................... 22781-23-3 0.056 1.4
U279 Carbaryl \10\........ Carbaryl............................................. 63-25-2 0.006 0.14
U280 Barban \10\.......... Barban............................................... 101-27-9 0.056 1.4

* * * * * * *
U364 Bendiocarb phenol Bendiocarb phenol.................................... 22961-82-6 0.056 1.4
\10\.
U365 Molinate \10\........ Molinate............................................. 2212-67-1 0.042 1.4
U366 Dazomet \10\......... Dithiocarbamates (total)............................. NA 0.028 28
U367 Carbofuran phenol Carbofuran phenol.................................... 1563-38-8 0.056 1.4
\10\.
U372 Carbendazim \10\..... Carbendazim.......................................... 10605-21-7 0.056 1.4
U373 Propham \10\......... Propham.............................................. 122-42-9 0.056 1.4
U375 3-lodo-2-propynyl n- 3-lodo-2-propynyl n-butylcarbamate................... 55406-53-6 0.056 1.4
butylcarbamate \10\.
U376 Selenium, tetrakis Dithiocarbamates (total)............................. NA 0.028 28
(dimethyldithiocarba Selenium............................................. 7782-49-2 0.82 0.16 mg/l TCLP
mate) \10\.
U377 Potassium n- Dithiocarbamates (total)............................. NA 0.028 28
methyldithiocarbamat
e \10\.
U378 Potassium n- Dithiocarbamates (total)............................. NA 0.028 28
hydroxymethyl-n-
methyldithiocarbamat
e \10\.

[[Page 43930]]

U379 Sodium Dithiocarbamates (total)............................. NA 0.028 28
dibutyldithiocarbama
te \10\.
U381 Sodium Dithiocarbamates (total)............................. NA 0.028 28
diethyldithiocarbama
te \10\.
U382 Sodium Dithiocarbamates (total)............................. NA 0.028 28
dimethyldithiocarbam
ate \10\.
U383 Potassium dimethyl Dithiocarbamates (total)............................. NA 0.028 28
dithiocarbamate \10\.
U384 Metam Sodium \10\.... Dithiocarbamates (total)............................. NA 0.028 28
U385 Vernolate \10\....... Vernolate............................................ 1929-77-7 0.042 1.4
U386 Cycloate \10\........ Cycloate............................................. 1134-23-2 0.042 1.4
U387 Prosulfocarb \10\.... Prosulfocarb......................................... 52888-80-9 0.042 1.4
U389 Triallate \10\....... Triallate............................................ 2303-17-5 0.042 1.4
U390 EPTC \10\............ EPTC................................................. 759-94-4 0.042 1.4
U391 Pebulate \10\........ Pebulate............................................. 1114-71-2 0.042 1.4
U392 Butylate \10\........ Butylate............................................. 2008-41-5 0.042 1.4
U393 Copper Dithiocarbamates (total)............................. NA 0.028 28
dimethyldithiocarbam
ate \10\.
U394 A2213 \10\........... A2213................................................ 30558-43-1 0.042 1.4
U395 Diethylene glycol, Diethylene glycol, dicarbamate....................... 5952-26-1 0.056 1.4
dicarbamate \10\.
U396 Ferbam \10\.......... Dithiocarbamates (total)............................. NA 0.028 28
U400 Bis(pentamethylene)th Dithiocarbamates (total)............................. NA 0.028 28
iuram tetrasulfide
\10\.
U401 Tetramethyl thiuram Dithiocarbamates (total)............................. NA 0.028 28
monosulfide \10\.
U402 Tetrabutylthiuram Dithiocarbamates (total)............................. NA 0.028 28
disulfide \10\.
U403 Disulfiram \10\...... Dithiocarbamates (total)............................. NA 0.028 28
U404 Triethylamine \10\... Triethylamine........................................ 101-44-8 0.081 1.5
U407 Ethyl Ziram \10\..... Dithiocarbamates (total)............................. NA 0.028 28
U409 Thiophanate-methyl Thiophanate-methyl................................... 23564-05-8 0.056 1.4
\10\.
U410 Thiodicarb \10\...... Thiodicarb........................................... 59669-26-0 0.019 1.4
U411 Propoxur \10\........ Propoxur............................................. 114-26-1 0.056 1.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes to the Table:
\1\ The waste descriptions provided in this table do not replace waste descriptions in 40 CFR part 261. Descriptions of Treatment/Regulatory
Subcategories are provided, as needed, to distinguish between applicability of different standards.
\2\ CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a combination of a chemical with its salts
and/or esters, the CAS number is given for the parent compound only.
\3\ Concentration standards for wastewaters are expressed in mg/l and are based on analysis of composite samples.
\4\ All treatment standards expressed as a Technology Code or combination of Technology Codes are explained in detail in 40 CFR 268.42 Table 1--
Technology Codes and Descriptions of Technology-Based Standards.
\5\ Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards expressed as a concentration were
established, in part, based upon incineration in units operated in accordance with the technical requirements of 40 CFR Part 264, Subpart O, or Part
265, Subpart O, or based upon combustion in fuel substitution units operating in accordance with applicable technical requirements. A facility may
comply with these treatment standards according to provisions in 40 CFR 268.40(d). All concentration standards for nonwastewaters are based on
analysis of grab samples.

* * * * * * *
\10\ Between August 26, 1996 and August 27, 1997, the treatment standard for this waste may be satisfied by either meeting the constituent
concentrations if this table or by treating the waste by the specified technologies: combustion, as defined by the technology code CMBST at Sec.
268.42 Table 1, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code
CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as defined as technology code CMBST at Sec. 268.42 Table 1, for
wastewaters.

[[Page 43931]]

4. In Sec. 268.48, the table in paragraph (a) is amended by adding
footnote number ``\6\'' in column one, under the heading Regulated
Constituents/Common Name, under I. Organic constituents, after the
following chemical names: ``2213''; ``Aldicarb sulfone''; ``Barban'';
``Bendiocarb''; ``Bendiocarb phenol''; ``Benomyl''; ``Butylate'';
``Carbaryl''; ``Carbenzadim''; ``Carbofuran''; ``Carbofuran phenol'';
``Carbosulfan''; ``m-Cumenyl methylcarbamate''; ``Cycloate'';
``Diethylene glycol, dicarbamate''; ``Dimetilan''; ``Dithiocarbamates
(total)''; ``EPTC''; ``Formetanate hydrochloride''; ``Formparanate'';
``3-Iodo-2-propynyl n-butylcarbamate''; ``Isolan''; ``Methiocarb'';
``Methomyl''; ``Metolcarb''; ``Mexacarbate''; ``Molinate''; ``Oxamyl'';
``Pebulate''; ``o-Phenylenediamine''; ``Physostigmine'';
``Physostigmine salicylate''; ``Promecarb''; ``Propham''; ``Propoxur'';
``Prosulfocarb''; ``Thiodicarb''; ``Thiophanate-methyl''; ``Tirpate'';
``Triallate''; ``Triethylamine''; and, ``Vernolate''; and adding
footnote \6\ at the end of the table to read as follows:

Sec. 268.48 Universal treatment standards.

(a) * * *

\6\ Between August 26, 1996 and August 26, 1997, these
constituents are not underlying hazardous constituents as defined at
Sec. 268.2(i).

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

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

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

Subpart A--Requirements for Final Authorization

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

Sec. 271.1 Purpose and scope.

* * * * *
(j) * * *

Table 1.--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
--------------------------------------------------------------------------------------------------------------------------------------------------------
Promulgation date Title of regulation Federal Register reference Effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
Aug. 26, 1996................... Emergency Revision of the 61 FR (Insert.................... Aug. 26, 1996 until Aug. 26, 1997.
Land Disposal Restrictions page numbers)....................
(LDR) Phase III Treatment
Standards for Listed
Hazardous Wastes from
Carbamate Production.

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 96-21626 Filed 8-23-96; 8:45 am]
BILLING CODE 6560-50-P