[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