[Federal Register Volume 63, Number 172 (Friday, September 4, 1998)]
[Rules and Regulations]
[Pages 47410-47418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23507]



[[Page 47409]]

_______________________________________________________________________

Part IV





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 268 and 271



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

Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 / 
Rules and Regulations

[[Page 47410]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 268 and 271

[EPA #F-96-P32F-FFFFF; FRL-6154-5]
RIN 2050-ZA00


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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: Today's final rule revises the waste treatment standards 
applicable to 40 waste constituents associated with the production of 
carbamate wastes. The rule sets final alternative treatment standards 
for seven specific carbamate waste constituents for which there are no 
available analytical standards. This action, effective immediately, 
extends indefinitely the alternative treatment standards for the seven 
hazardous waste constituents and deletes the treatment standard for one 
additional constituent for which available analytical methods have not 
been shown to achieve reliable measurements. This rule also deletes 
these eight waste constituents as underlying hazardous constituents. In 
addition, because the temporary alternative standards for 40 carbamate 
waste constituents expire automatically on August 26, 1998, today's 
rule also amends the Code of Federal Regulations to clarify that 
numerical treatment standards for these 32 carbamate waste constituents 
will once again be effective.
    Today's rule is necessary to allow generators the ability to 
identify all underlying hazardous constituents reasonably expected to 
be present in their wastes at the point of generation, and to allow 
waste treaters to certify that wastes have been treated in compliance 
with applicable land disposal restrictions. Faced with the inability to 
demonstrate waste and treatment residual content through analytical 
testing, these facilities face potential curtailment of operations.
    Given the need for the regulated community to adjust its testing 
and compliance programs for the 32 constituents for which numerical 
treatment standards are being reinstated, the Agency is extending the 
current set of alternative treatment standards for these 32 
constituents (and concomitantly delaying the effectiveness of the 
corresponding portion of today's final rule) for six months from the 
date of publication.

EFFECTIVE DATE: This rule is effective on August 26, 1998. Compliance 
dates:

--Treatment standards for the wastes specified in 40 CFR 261.33 as 
P185, P191, P192, P197, U364, U394, and U395: August 26, 1998;
--The existing alternative standards of 40 CFR 268.40 (g) continue to 
apply until March 4, 1999; and
--The numerical standards specified in 40 CFR 268.40 for the wastes 
specified in 40 CFR 261.32 as K156-K159, and K161, and in 40 CFR 261.33 
as P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-
U280, U364, U367, U372, U373, U387, U389, U394-U395, U404, and U409-
U411 and the numerical standards associated with the waste constituents 
in 40 CFR 268.48: March 4, 1999.

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 
specific information about this rule, contact Rhonda Minnick, phone 
703-308-8771 or John Austin, phone 703-308-0436.

SUPPLEMENTARY INFORMATION: Availability of Rule on the Internet: Please 
follow these instructions to access the rule:
    From the World Wide Web (WWW), type http://www.epa.gov/fedrgstr. 
For the text of the notice, choose: Year/Month/Day.

I. Background

    The Phase III final rule established treatment standards for 64 
listed hazardous wastes associated with carbamate waste production (61 
FR 15583, April 8, 1996). The treatment standards were expressed as 
concentration limits that had to be met before land disposal could 
occur. All constituents were placed on the Universal Treatment Standard 
(UTS) list, found at 40 CFR 268.48. These regulations were corrected 
June 28, 1996 (61 FR 33683) in ways that are not germane to the subject 
of this rule. The prohibition on land disposal of carbamate wastes and 
the requirement to meet the treatment limits were effective July 8, 
1996.
    On November 1, 1996, the United States Court of Appeals for the 
District of Columbia Circuit, in Dithiocarbamate Task Force v. EPA (98 
F.3d 1394), vacated certain of the listings of carbamate wastes. 
Accordingly, EPA removed from the Code of Federal Regulations those 
listings vacated by the court and all references to those listings. A 
substantial portion of carbamate listing rule was unaffected by the 
court's opinion 1 and remained in effect. See 62 FR 32973, 
June 17, 1997.
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    \1\ The court vacated the listings of 24 U wastes, one K-waste 
(K160), and three of the K-wastes (K156, K157 and K158) only to the 
extent that they apply to the chemical, 3-iodo-2-propynyl n-
butylcarbamate (IPBC). Twenty-three of the vacated U wastes 
consisted of all the dithiocarbamates and thiocarbamates. The other 
vacated U waste was IPBC, a carbamate. Carbamates that were 
regulated as UHCs were unaffected by the court's decision, because 
the decision did not deal with carbamate or carbamate constituents 
as underlying hazardous constituents.
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    Today's final rule applies only to 40 of the waste constituents 
that are the components of the carbamate wastes that remain listed as 
hazardous wastes.
    After promulgation of the Phase III rule on April 8, 1996, but 
shortly before the treatment standards took effect on July 8, 1996, 
several companies in the waste management industry contacted EPA, 
reporting that laboratory standards were not available for some of the 
carbamate waste constituents. The Agency confirmed this assertion, and 
realized that the waste management industry was unintentionally left in 
an unacceptable compliance situation: they were required to certify 
compliance with the carbamate waste treatment standards, but commercial 
laboratories were able to perform the necessary analyses only for some 
of the newly regulated constituents. Thus, it was impossible to 
document whether the treatment standards were or were not achieved for 
those 40 constituents that could not be analyzed.
    The problem was complicated by the LDR rules that pertain to 
meeting treatment limits for underlying hazardous constituents (UHCs) 
in characteristic (or formerly characteristic) hazardous wastes. 
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. (See 40 CFR 268.2(I).) Because new carbamate constituents 
were added to the UTS list by the Phase

[[Page 47411]]

III rule, they became potential UHCs. Because of the lack of laboratory 
standards for some of the carbamate constituents, generators could not 
in all cases identify all of the UHCs reasonably expected to be present 
in their wastes, nor could treatment facilities or regulatory agencies 
monitor compliance with the standards for the carbamate UHCs. Thus, it 
would have been impossible to document that the treatment standards 
were or were not achieved for those 40 carbamate constituents that 
appear in the list of UHCs in 40 CFR 268.48.
    In an emergency final rule promulgated on August 26, 1996 (61 FR 
43924), EPA established temporary alternative treatment standards for 
40 carbamate waste constituents for a one-year period. EPA believed 
that one year was 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 
standards promulgated in the August 26, 1996, rule provided waste 
handlers a choice of meeting the original Phase III numerical 
concentration limits or of using a specified treatment technology (the 
technology upon whose performance the numerical treatment standard was 
based) (See 61 FR 43925). Combustion was the specified technology for 
nonwastewaters; combustion, biodegradation, chemical oxidation, or 
carbon adsorption were the specified technologies for wastewaters. If 
the wastes are treated by a specified technology, the LDR rules do not 
require a generator or treater to measure compliance with treatment 
levels, thus avoiding the analytical problems for the 40 carbamate 
waste constituents at issue.
    However, the problem was not resolved in one year and, on August 
21, 1997, EPA promulgated a second emergency rule, which extended the 
alternative treatment standards by one additional year until August 26, 
1998 (62 FR 45568, August 28, 1998). Today's rule makes a final 
disposition for all 40 of the carbamate waste constituents at issue.

II. Today's Carbamate Treatment Standards

    This final rule: (1) Establishes revised treatment standards for 
seven problem carbamate waste constituents; (2) removes the treatment 
standard for one additional waste constituent; (3) reinstates numerical 
treatment standards for 32 other carbamate waste constituents; and (4) 
provides six months for the regulated community to arrange for testing 
and analysis of the 32 carbamate constituents for which numerical 
standards are being reinstated.

Treatment Standards for 8 Problem Waste Constituents

    Since 1996, EPA and Waste Management Inc. have conducted studies to 
determine for which of the 40 carbamate constituents at issue there are 
neither analytical standards nor reliable analytical test methods. 
These studies have shown that seven constituents lack analytical 
reference standards. These constituents are A2213, Bendiocarb phenol, 
Diethylene glycol dicarbamate, Dimetilan, Formparanate, Isolan, and 
Tirpate. Therefore, EPA is promulgating alternative treatment standards 
for these seven constituents, and is reinstating the numerical 
standards for the remainder of the carbamate wastes as per the Phase 
III Rule. Further, these studies have shown that o-phenylenediamine was 
not able to be analyzed reliably by available analytical methods. For 
o-phenylenediamine, the constituent is being deleted as a 40 CFR 268.40 
constituent of concern in K157. The Agency believes that regulation of 
the other carbamate waste constituents of concern should also provide 
adequate treatment of this constituent.
    The Agency is also deleting the eight carbamate waste constituents 
listed below in Table 1 from the 40 CFR 268.48 Universal Treatment 
Standards (UTS) table. By removing these constituents from the UTS 
list, the need to identify and treat them is eliminated for the listed 
carbamate wastes. Furthermore, this removal from the UTS list 
eliminates the requirement to monitor compliance and to meet UTS levels 
when any of the eight constituents are present as UHCs in 
characteristic hazardous wastes.

                                           Table 1.--Problem Analytes                                           
----------------------------------------------------------------------------------------------------------------
                                                   Compound               CAS No.           Reason deleted      
----------------------------------------------------------------------------------------------------------------
U394..................................  A2213........................    30558-43-1  No Standard.               
U364..................................  Bendiocarb phenol............    22961-82-6  No Standard.               
U395..................................  Diethylene glycol,                5952-26-1  No Standard.               
                                         dicarbamate.                                                           
P191..................................  Dimetilan....................      644-64-4  No Standard.               
P197..................................  Formparanate.................    17702-57-7  No Standard.               
P192..................................  Isolan.......................      119-38-0  No Standard.               
P185..................................  Tirpate......................    26419-73-8  No Standard.               
                                        o-Phenylenediamine...........       95-54-5  Poor method performance.   
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    The Phase III rule required that all carbamate wastes must meet 
specific numerical UTS limits prior to land disposal. The standards 
being promulgated today for the eight problem constituents are 
expressed both as numerical limits as well as specified technologies. 
These are alternative standards, and provide waste handlers with a 
choice of whether to satisfy LDR treatment standards either by meeting 
the Phase III numerical limits, or by using a specified treatment 
technology for these constituents. EPA is choosing to express the LDR 
treatment standards as alternative standards because this allows for 
maximum flexibility for generators and treaters as future circumstances 
develop (e.g., where analytical standards for one or more of the 
problem constituents might be developed and numerical treatment 
standards could therefore be shown to be achieved).
    In terms of the specified technologies, these are the same as were 
contained in the Agency's two emergency rules in 1996 and 1997. 
Combustion is the specified technology for nonwastewaters. Combustion, 
biodegradation, chemical oxidation, or 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

[[Page 47412]]

avoided). Because the performance of these Best Demonstrated Available 
Technologies (BDATs) was the basis of the originally promulgated 
treatment levels, EPA believes that allowing the use of these BDATs--
without a requirement to monitor the treatment residues--fully 
satisfies the core requirement of the LDR program: unless treatment 
levels are already met, hazardous wastes must be effectively treated to 
minimize threats to human health and the environment before they are 
land disposed.
    EPA considered completely replacing the numerical LDR treatment 
standards for the other 32 carbamate constituents with specified 
treatment methods, rather than providing the alternative approach being 
promulgated in this rule for only the eight problem analytes. This 
would have departed from the long-standing architecture of the LDR 
treatment standards, which are always expressed as numerical 
performance standards unless special circumstances exist (such as the 
lack of analytical standards or methods). Our traditional approach of 
using numerical performance standards, rather than dictating a specific 
technology, has the advantage of maximizing the flexibility of 
generators and treaters to meet the LDR standards by whatever 
technology they might choose. It also addresses an Agency concern that 
it may be necessary to provide more comprehensive design and operating 
parameters to assure continuous effective treatment of wastes by a 
specified technology. In order to assure the effectiveness of 
treatment, we determined to follow our traditional numerical approach 
for all the carbamate constituents (excepting of course the seven 
analytes lacking standards and the one with poor method performance) 
and to continue to provide industry with the option of selecting an 
appropriate treatment technology based on site-specific and company-
specific factors. However, EPA has received a number of suggestions 
that establishing comprehensive design and operating parameters for 
specific technologies is a useful alternative and technically feasible. 
EPA is considering the possibility of pursuing such a project for many 
LDR-regulated wastes, including carbamates.
    Although we have some reservations about departing from our 
established approach for the problem analytes, we believe that the 
specific circumstances of this rule justify deferring solely to the 
requirement of a specified technology without first evaluating the need 
for design and operating parameters for the technology. If EPA 
determines in the future that such parameters are needed, it will 
modify the treatment standard.
    The Agency understands that, since 1996, generators and treaters 
have been using specified technologies to meet the LDR treatment 
standards for all 40 waste constituents that were the subject of both 
emergency rules. Today's rule will necessitate a change in approach for 
32 of those 40 waste constituents, which will involve procuring the 
necessary sampling and analytical services so that compliance can be 
assured. To allow the regulated community adequate time to make 
arrangements to procure the necessary analytical capabilities, the 
Agency will extend the current emergency standards until six months 
after the publication of this final rule in the Federal Register. After 
that time, the alternative treatment standards will apply only to the 
eight problem carbamate constituents from wastes specified in 40 CFR 
261.33 as EPA Hazardous Waste numbers P185, P191, P192, P197, U364, 
U394, and U395; and soil contaminated with these wastes.

Method Studies

    For the analysis of the 32 carbamate waste constituents for which 
numerical standards are being reinstated by today's rule, six 
determinative methods have been evaluated. They are listed below. 
Except where noted, all of the methods are from the Third Edition of 
SW-846 Test Methods for Evaluating Solid Wastes Physical/Chemical 
Methods.
     Method 630 (EPA Office of Water) Total Dithiocarbamates
     Method 8260 Volatile Organic Compounds by Gas 
Chromatography/Mass Spectrometry (GC/MS)
     Method 8141 Organophosphorus Compounds by Gas 
Chromatography
     Method 8270 Semivolatile Organic Compounds by Gas 
Chromatography/Mass Spectrometry (GC/MS)
     Method 8318 N-Methylcarbamates by High Performance Liquid 
Chromatography (HPLC)
     Method 8321 Solvent Extractable Non-Volatile Compounds by 
High Performance Liquid Chromatography (HPLC)/Thermospray/ Mass 
Spectrometry (HPLC/TSP/MS) or Ultraviolet (UV) Detection.
    Method 630 determines total dithiocarbamates after conversion of 
the dithiocarbamates to carbon disulfide and measurement of the carbon 
disulfide. The method does not distinguish individual dithiocarbamate 
compounds and was not further evaluated in the recent studies.
    The only analyte evaluated by method 8260 was triethylamine. 
Analysis by purge and trap failed to have adequate sensitivity to 
detect triethylamine at the levels of the treatment standards. Analysis 
by direct injection to a flame ionization detector found that levels as 
low 0.001 mg/L or less could be measured.
    Method studies centered on the remaining carbamate waste 
constituents and their amenability to analysis by Methods 8141, 8270, 
8318, and 8321. Because of thermal lability, carbamates and carbamoyl 
oximes are generally not amenable to analysis by gas chromatography 
except where quantitative decomposition occurs. However, thiocarbamates 
as a class are amenable to analysis by gas chromatographic Methods 8141 
using the nitrogen/phosphorous detector and 8270 GC/MS. Method 8318 was 
shown to be limited to only the analysis of n-methylcarbamates. Other 
than dithiocarbamates and triethlyamine, all other carbamate waste 
constituents were found to be amenable to analysis via High Performance 
Liquid Chromatography (HPLC)/Thermospray/Mass Spectrometry (HPLC/TSP/
MS) or Ultraviolet (UV) detection using method 8321. For more detailed 
method performance results, the reader is directed to the study 
reports, ``Carbamate Analysis Feasibility Study,'' Waste Management, 
1998 and ``Carbamate Method Evaluation Report,'' SAIC, 1998, available 
in the docket for today's rule. To aid laboratories conducting analysis 
of these constituents, Table 2 presents a summary of the analytes 
amenable to methods 8141, 8270, 8318, and 8321. The Agency plans in 
future revisions of the SW-846 methods to incorporate the additional 
analytes for which methods 8141, 8270, 8318, and 8321 have been 
demonstrated to be amenable. Furthermore, any analytical methods 
capable of demonstrating compliance with the new standards can be used 
in addition to the ones noted above which are part of SW-846.

[[Page 47413]]



                                     Table 2.--Summary of Applicable Methods                                    
----------------------------------------------------------------------------------------------------------------
                                                                            8321                                
          Compound                8141          8270          8318       Thermospray   8321  254nm   8321  280nm
----------------------------------------------------------------------------------------------------------------
Butylate....................            Y             Y   ............            Y   ............  ............
EPTC........................            Y             Y   ............            Y   ............  ............
Molinate....................            Y             Y   ............            Y   ............  ............
Pebulate....................            Y             Y   ............            Y   ............  ............
Propham.....................            Y             Y   ............            Y             Y             Y 
Prosulfocarb................            Y             Y   ............            Y             Y   ............
Triallate...................            Y             Y   ............            Y             Y   ............
Vernolate...................            Y             Y   ............            Y   ............  ............
Carbofuran phenol...........  ............         Y, a   ............  ............            Y             Y 
Aldicarb....................  ............  ............            L             L   ............  ............
Aldicarb sulfone............  ............  ............         Y, L             Y   ............  ............
Bendiocarb..................  ............  ............            Y          Y, L   ............            Y 
Carbaryl....................  ............  ............         Y, L          Y, L             Y             Y 
Carbofuran..................  ............            a          Y, L          Y, L   ............            Y 
Carbosulfan.................  ............            a              C            Y             Y             Y 
m-Cumenyl methyl carbamate..  ............  ............            Y             Y             Y   ............
Formetanate hydrochloride...  ............  ............            Y             Y             Y             Y 
Methiocarb..................  ............  ............         Y, L             Y             Y             Y 
Methomyl....................  ............  ............         Y, L          Y, L   ............  ............
Metolcarb...................  ............  ............            Y             Y   ............  ............
Mexacarbate.................  ............  ............            Y             Y             Y             Y 
Oxamyl......................  ............  ............         Y, L          Y, L             Y   ............
Promecarb...................  ............  ............         Y, L             Y             Y   ............
Propoxur....................  ............  ............         Y, L             Y   ............            Y 
Thiodicarb..................  ............  ............            Y             Y             Y   ............
Barbam......................  ............  ............  ............            Y             Y             Y 
Benomyl.....................  ............  ............  ............            Y             Y             Y 
Carbendazim.................  ............  ............  ............         Y, L             Y             Y 
Physostigmine...............  ............  ............  ............            Y             Y             Y 
Physostigmine salicylate....  ............  ............  ............            Y   ............            Y 
Thiophanate-methyl..........  ............  ............  ............            Y             Y             Y 
----------------------------------------------------------------------------------------------------------------
a--Compounds carbofuran phenol, carbofuran, & carbosulfan can not be distinguished.                             
Y--Compound amenable to analysis.                                                                               
L--Compound listed as a method analyte.                                                                         

III. Good Cause for Immediate Final Rule

    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 forego notice and comment in promulgating a 
rule when the agency for good cause finds (and incorporates the finding 
and a brief statement of the reasons for that finding into the rule) 
that notice and public comments procedures are impracticable, 
unnecessary, or contrary to the public interest. For the reasons set 
forth below, EPA finds good cause to conclude 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 and continued 
unavailability of analytical laboratory standards or adequate 
analytical method for eight 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. For the same reason, EPA cannot 
ascertain compliance for these constituents. The same problem exists 
for certifying compliance and ascertaining compliance when these 
carbamate constitutents are underlying hazardous constiutents in 
characteristic (and formerly characteristic) prohibited wastes.
    In addition, this unavailability of analytical standards has a 
significant potential 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), or combustion is both possible 
and highly effective, certification that the treatment actually meets 
the treatment standard levels may not be possible in many instances 
given the lack of analytical standards for eight waste constituents of 
concern. Without the certification, disposal of the residuals left 
after treatment cannot legally occur. The Agency believes that this 
situation may impede production of certain pesticides, since legal 
disposal of some carbamate wastes would 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).
    Today's rule removes an administrative hurdle that would impede 
sound management of these carbamate hazardous wastes. By altering the 
treatment standard to allow certification of compliance based on the 
use of specified treatment technologies without constituent-specific 
testing for the eight problem analytes, the Agency can ensure that 
effective treatment actually occurs without delay and can also assure 
that threats to human health and the environment are minimized.
    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 certain 
carbamate pesticides. The Agency concludes that this action must be 
taken immediately and that notice and comment would be contrary to the 
public interest in these

[[Page 47414]]

special circumstances. In addition, notice and comment are unnecessary 
because this emergency rule makes only conforming changes (for the 32 
carbamate constituents that retain numerical standards) to the CFR 
needed to reflect expiration of the 1997 second emergency rule. For the 
seven carbamate constituents for which EPA is making permanent the 
technology standards, and the one constituent being deleted, EPA has 
had direct contact with the affected parties, and no objections were 
raised to these actions. For these reasons, EPA believes that there is 
good cause to issue this final rule immediately without prior notice 
and opportunity for comment.

IV. Good Cause Finding for Immediate Effective Date for Eight 
Carbamate Constituents and 6-Month Effective Date for the Remaining 
32 Carbamate Constituents

    For the eight problem analytes for which alternative treatment 
standards are being promulgated today, 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 compliance. Therefore, it is imperative that relief be 
immediately provided from the otherwise applicable treatment standards 
that would come into effect automatically on August 26, 1998, when the 
second emergency rule would expire by its own terms. 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 for the alternative standards being 
promulgated for the eight problem carbamate constituents. 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.
    For the other 32 waste constituents covered by the two emergency 
rules and for which the temporary alternative treatment standards 
expire on August 26, 1998, the Agency recognizes that today's rule will 
necessitate a change in approach for these 32 waste constituents. 
Compliance for these 32 waste constituents, as of August 27, 1998, 
would be based on numerical concentration limits for which sampling and 
analytical services will be necessary. As noted earlier, to allow the 
regulated community an adequate and reasonable time to make 
arrangements to procure the necessary analytical capabilities, the 
Agency will extend the current emergency standards until six months 
after the publication of this final rule in the Federal Register. After 
that time, the alternative treatment standards will apply only to the 
eight problem carbamate constituents, and the other 32 carbamate 
constituents will be subject to the numerical standards set forth in 40 
CFR 268.40 and 268.48.

V. 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 obligated to enact equivalent authority within specified time 
frames. New Federal requirements did not take effect in an authorized 
State until the State adopted the requirements as State law.
    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 the Federal program 
requirements that are promulgated pursuant to HSWA. This rule is 
therefore effective in all states immediately pursuant to RCRA section 
3006(g). 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.)

VI. Regulatory Requirements

Analysis Under Executive Order 12866, Executive Order 12875, the 
Regulatory Flexibility Act, the Unfunded Mandates Reform Act, the 
Paperwork Reduction Act, National Technology Transfer and Advancement 
Act of 1995, Executive Order 13045, and Executive Order 13084: 
Consultation and Coordination With Indian Tribal Governments

    Today's rule reinstates the regulatory text that existed prior to 
the August 26, 1996, emergency final rule (61 FR 43924), and extends 
indefinitely the alternative standards applicable to the seven 
constituents identified as lacking analytical standards. Today's action 
has been deemed by the Agency as being a ``significant regulatory 
action'' for the purposes of Executive Order 12866, and has been 
reviewed by the Office of Management and Budget. This is not an 
economically significant regulatory action. Today's rule does not, 
however, impose obligations on State, local or tribal governments for 
the purposes of Executive Order 12875. In addition, this action does 
not impose annual costs of $100 million or more, will not significantly 
or uniquely affect small governments, and is not a significant federal 
intergovernmental mandate. The Agency thus has no obligations under 
sections 202, 203, 204 and 205 of the Unfunded Mandates Reform Act. 
Furthermore, this action is not subject to the Regulatory Flexibility 
Act since this rule is exempt from notice and comment rulemaking 
requirements for good cause which is explained in Section IV. The 
Administrator is, therefore, not required to certify under the RFA.
    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Pub L. No. 104-113, section 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus

[[Page 47415]]

standards in its regulatory activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by voluntary consensus 
standards bodies. The NTTAA directs EPA to provide Congress, through 
OMB, explanations when the Agency decides not to use available and 
applicable voluntary consensus standards. This rulemaking involves 
environmental monitoring or measurement. Consistent with the Agency's 
Performance Based Measurement System (PBMS), EPA has decided not to 
require the use of specific, prescribed analytic methods. Rather, the 
rule will allow the use of any method that meets the prescribed 
performance criteria. The PBMS approach is intended to be more flexible 
and cost-effective for the regulated community; it is also intended to 
encourage innovation in analytical technology and improved data 
quality. EPA is not precluding the use of any method, whether it 
constitutes a voluntary consensus standard or not, as long as it meets 
the performance criteria specified.
    Today's rule is not subject to E.O. 13045, entitled ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because this action is not an economically 
significant rule, and it does not involve decisions on environmental 
health risks or safety risks that may disproportionately affect 
children. Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., 
EPA must consider the paperwork burden imposed by any information 
collection request in a proposed or final rule. This rule will not 
impose any new information collection requirements.
    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.'' Today's rule does not 
significantly or uniquely affect the communities of Indian tribal 
governments. This rule revises waste treatment standards applicable to 
40 waste constituents associated with the production of carbamate 
wastes. Accordingly, the requirements of section 3(b) of Executive 
Order 13084 do not apply to this rule.

Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. Sec. 801 et seq., as added 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. Section 808 allows the issuing agency to 
make a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA has made such a good cause finding, including 
the reasons therefor. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2).

VII. Immediate Effective Date

    The final alternative treatment standards for the seven carbamate 
waste constituents are effective upon publication of this final rule. 
Also effective upon publication is the deletion of the one constituent 
for which the method performance is poor. Because the regulated 
community does not need 6 months to come into compliance with these 
portions of the rule, EPA finds, pursuant to RCRA section 3010(b)(1), 
that these actions can be made effective in less than six months.
    The reinstatement of treatment standards for the 32 carbamate waste 
constituents are effective 6 months after publication of this final 
rule. Also, EPA finds that good cause exists under 5 U.S.C. 553(d)(3) 
to waive the requirement that regulations be published at least 30 days 
before they become effective, for the reasons discussed earlier in 
section IV of this preamble.

List of Subjects

40 CFR Part 268

    Environmental protection, 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 26, 1998.
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 in paragraph (g) by revising ``August 
26, 1997 and August 26, 1998'' to read ``August 26, 1996 and March 4, 
1999''; by adding paragraph (i); by revising in the table ``Treatment 
Standards for Hazardous Wastes'' the entries for K156-K159, K161, P127, 
P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, 
U364, U367, U372, U373, U387, U389, U394-U395, U404, and U409-U411; and 
by revising footnote 10 to read as follows:


Sec. 268.40  Applicability of treatment standards.

* * * * *
    * * * 
    (i) Effective September 4, 1998, the treatment standards for the 
wastes specified in 40 CFR 261.33 as EPA Hazardous Waste numbers P185, 
P191, P192, P197, U364, U394, and U395 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 technology code CMBST at Sec. 268.42 Table 1 of this 
Part, for nonwastewaters; and, biodegradation as defined by the

[[Page 47416]]

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 of this Part, for wastewaters.
* * * * *

                                    Treatment Standards for Hazardous Wastes                                    
----------------------------------------------------------------------------------------------------------------
                                        Regulated hazardous constituent                          Nonwastewaters 
                 Waste description  ---------------------------------------    Wastewaters      Concentration in
                  and  treatment/                                            Concentration in   mg/kg\5\ unless 
  Waste code        regulatory/                                                mg/L;\3\ or      noted as ``mg/L 
                  subcategory \1\        Common name        CAS \2\ No.         technology         TCLP'' or    
                                                                                 code\4\        technology code 
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
K156..........  Organic waste        Acetonitrile......            75-05-8                5.6                1.8
                 (including heavy    Acetophenone......            96-86-2              0.010                9.7
                 ends, still         Aniline...........            62-53-3               0.81                 14
                 bottoms, light      Benomyl...........         17804-35-2              0.056                1.4
                 ends, spent         Benzene...........            71-43-2               0.14                 10
                 solvents,           Carbaryl..........            63-25-2              0.006               0.14
                 filtrates, and      Carbenzadim.......         10605-21-7              0.056                1.4
                 decantates) from    Carbofuran........          1563-66-2              0.006               0.14
                 the production of   Carbosulfan.......         55285-14-8              0.028                1.4
                 carbamates and      Chlorobenzene.....           108-90-7              0.057                6.0
                 carbamoyl oximes.   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                  78-93-3               0.28                 36
                                      ketone.                      91-20-3              0.059                5.6
                                     Naphthalene.......           108-95-2              0.039                6.2
                                     Phenol............           110-86-1              0.014                 16
                                     Pyridine..........           108-88-3              0.080                 10
                                     Toluene...........           121-44-8              0.081                1.5
                                     Triethylamine.....                                                         
K157..........  Wastewaters          Carbon                        56-23-5              0.057                6.0
                 (including           tetrachloride.               67-66-3              0.046                6.0
                 scrubber waters,    Chloroform........            74-87-3               0.19                 30
                 condenser waters,   Chloromethane.....         16752-77-5              0.028               0.14
                 washwaters, and     Methomyl..........            75-09-2              0.089                 30
                 separation waters)  Methylene chloride            78-93-3               0.28                 36
                 from the            Methyl ethyl                 110-86-1              0.014                 16
                 production of        ketone.                     121-44-8              0.081                1.5
                 carbamates and      Pyridine..........                                                         
                 carbamoly oximes.   Triethylamine.....                                                         
K158..........  Bag house dusts and  Benomyl...........         17804-35-2              0.056                1.4
                 filter/separation   Benzene...........            71-43-2               0.14                 10
                 solids from the     Carbenzadim.......         10605-21-7              0.056                1.4
                 production of       Carbofuran........          1563-66-2              0.006               0.14
                 carbamates and      Carbosulfan.......         55285-14-8              0.028                1.4
                 carbamoly oximes.   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        Butylate..........          2008-41-5              0.003                1.5
                 thiocarbamate       EPTC (Eptam)......           759-94-4              0.003                1.4
                 wastes.             Molinate..........          2212-67-1              0.003                1.4
                                     Pebulate..........          1114-71-2              0.003                1.4
                                     Vernolate.........          1929-77-7              0.003                1.4
K161..........  Purification solids  Antimony..........          7440-36-0                1.9          \11\ 1.15
                 (including          Arsenic...........          7440-38-2                1.4            \11\5.0
                 filtration,         Carbon disulfide..            75-15-0                3.8           \11\ 4.8
                 evaporation, and    Dithiocarbamates             137-30-4              0.028                 28
                 centrifugation       (total).                   7439-92-1               0.69          \11\ 0.75
                 solids), baghouse   Lead..............          7440-02-0               3.98          \11\ 11.0
                 dust and floor      Nickel............          7782-49-2               0.82           \11\ 5.7
                 sweepings from the  Selenium..........                                                         
                 production of                                                                                  
                 dithiocarbamate                                                                                
                 acids and their                                                                                
                 salts.                                                                                         
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
P127..........  Carbofuran.........  Carbofuran........          1563-66-2              0.006               0.14
P128..........  Mexacarbate........  Mexacarbate.......           315-18-4              0.056                1.4
P185..........  Tirpate \10\.......  Tirpate...........         26419-73-8              0.056               0.28
P188..........  Physostigmine        Physostigmine                 57-64-7              0.056                1.4
                 salicylate.          salicylate.                                                               
P189..........  Carbosulfan........  Carbosulfan.......         55285-14-8              0.028                1.4
P190..........  Metolcarb..........  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.............  Oxamyl............         23135-22-0              0.056              0.028

[[Page 47417]]

                                                                                                                
P196..........  Manganese            Dithiocarbamates                   NA              0.028                 28
                 dimethyldithliocar   (total).                                                                  
                 bamate.                                                                                        
P197..........  Formparanate \10\..  Formparanate......         17702-57-7              0.056                1.4
P198..........  Formetanate          Formetanate                23422-53-9              0.056                1.4
                 hydrochloride.       hydrochloride.                                                            
P199..........  Methiocarb.........  Methiocarb........          2032-65-7              0.056                1.4
P201..........  Promecarb..........  Promecarb.........          2631-37-0              0.056                1.4
P202..........  m-Cumenyl            m-Cumenyl                     64-00-6              0.056                1.4
                 methylcarbamate.     methylcarbamate.                                                          
P203..........  Aldicarb sulfone...  Aldicarb sulfone..          1646-88-4              0.056               0.28
P204..........  Physostigmine......  Physostigmine.....            57-47-6              0.056                1.4
P205..........  Ziram..............  Dithiocarbamates                   NA              0.028                 28
                                      (total).                                                                  
                                                                                                                
      *                   *                   *                   *                   *                   *     
                                                  *                                                             
U271..........  Benomyl............  Benomyl...........         17804-35-2              0.056                1.4
U278..........  Bendiocarb.........  Bendiocarb........         22781-23-3              0.056                1.4
U279..........  Carbaryl...........  Carbaryl..........            63-25-2              0.006               0.14
U280..........  Barban.............  Barban............           101-27-9              0.056                1.4
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
U364..........  Bendiocarb phenol    Bendiocarb phenol.         22961-82-6              0.056                1.4
                 \10\.                                                                                          
U367..........  Carbofuran phenol..  Carbofuran phenol.          1563-38-8              0.056                1.4
U372..........  Carbendazim........  Carbendazim.......         10605-21-7              0.056                1.4
U373..........  Propham............  Propham...........           122-42-9              0.056                1.4
U387..........  Prosulfocarb.......  Prosulfocarb......         52888-80-9              0.042                1.4
U389..........  Triallate..........  Triallate.........          2303-17-5              0.042                1.4
U394..........  A2213 \10\.........  A2213.............         30558-43-1              0.042                1.4
U395..........  Diethylene glycol,   Diethylene glycol,          5952-26-1              0.056                1.4
                 dicarbamate \10\.    dicarbamate.                                                              
U404..........  Triethylamine......  Triethylamine.....           101-44-8              0.081                1.5
U409..........  Thiophanate-methyl.  Thiophanate-methyl         23564-05-8              0.056                1.4
U410..........  Thiodicarb.........  Thiodicarb........         59669-26-0              0.019                1.4
U411..........  Propoxur...........  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 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.                             
\6\ Where an alternate treatment standard or set of alternate standards has been indicated, a facility may      
  comply with this alternate standard, but only for the Treatment/Regulatory Subcategory or physical form (i.e.,
  wastewater and/or nonwastewater) specified for that alternate standard.                                       
\7\ Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed using Method 9010 or    
  9012, found in ``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods'', EPA Publication SW-846,
  as incorporated by reference in 40 CFR 260.11, with a sample size of 10 grams and a distillation time of one  
  hour and 15 minutes.                                                                                          
\8\ These wastes, when rendered nonhazardous and then subsequently managed in CWA, CWA-equivalent, or Class I   
  SDWA systems are not subject to treatment standards. (See Sec.  148.1(d) and Sec.  268.1(c)(3) and (4)).      
\9\ These wastes, when rendered nonhazardous and then subsequently injected in a Class I SDWA well are not      
  subject to treatment standards. (See Sec.  148.1(d)).                                                         
\10\ The treatment standard for this waste may be satisfied by either meeting the constituent concentrations in 
  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 of this Part, 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 of this Part, for wastewaters.                                                                              
\11\ ``mg/L TCLP''.                                                                                             

    4. In Sec. 268.48, the table in paragraph (a) is revised by 
deleting the entries for: ``A2213,'' ``Bendiocarb phenol,'' 
``Diethylene glycol, dicarbamate,'' ``Dimetilan,'' ``Formparanate,'' 
``Isolan,'' ``o-Phenylenediamine,'' and ``Tirpate;'' ; by removing 
footnote number ``6'' in column one, under the heading Regulated 
Constituents/Common Name, after the following chemical names: 
``Aldicarb sulfone,'' ``Barban,'' ``Bendiocarb,'' ``Benomyl,'' 
``Butylate,'' ``Carbaryl,'' ``Carbenzadim,'' ``Carbofuran,'' 
``Carbofuran phenol,'' ``Carbosulfan,'' ``m-Cumenyl methylcarbamate,'' 
``Dithiocarbamates (total),'' ``EPTC,'' ``Formetanate hydrochloride,'' 
``Methiocarb,''

[[Page 47418]]

``Methomyl,'' ``Metolcarb,'' ``Mexacarbate,'' ``Molinate,'' ``Oxamyl,'' 
``Pebulate,'' ``o-Phenylenediamine,'' ``Physostigmine,'' 
``Physostigmine salicylate,'' ``Promecarb,'' ``Propham,'' ``Propoxur,'' 
``Prosulfocarb,'' ``Thiodicarb,'' ``Thiophanate-methyl,'' 
``Triallate,'' ``Triethylamine,'' and ``Vernolate;'' and by removing 
footnote 6.

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 promulgation date in the Federal 
Register, and by adding the following entries to Table 2 in 
chronological order by effective date 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              
----------------------------------------------------------------------------------------------------------------
                                                                Federal Register                                
        Promulgation date             Title of regulation          reference               Effective date       
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
September 4, 1998................  Emergency Revision of the  63 FR [Insert page   September 4, 1998.           
                                    Land Disposal              numbers].                                        
                                    Restrictions (LDR) Phase                                                    
                                    III Treatment Standards                                                     
                                    for Listed Hazardous                                                        
                                    Wastes from Carbamate                                                       
                                    Production.                                                                 
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------

* * * * *

           Table 2.--Self-Implementing Provisions of the Hazardous and Solid Waste Amendments of 1984           
----------------------------------------------------------------------------------------------------------------
                                  Self-implementing                                                             
        Effective date                provision          RCRA citation          Federal Register reference      
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
September 4, 1998.............  Emergency Revision of  3004(m).........  63 FR [Insert page numbers].           
                                 the Land Disposal                                                              
                                 Restrictions (LDR)                                                             
                                 Phase III Treatment                                                            
                                 Standards for Listed                                                           
                                 Hazardous Wastes                                                               
                                 from Carbamate                                                                 
                                 Production.                                                                    
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------

[FR Doc. 98-23507 Filed 9-3-98; 8:45 am]
BILLING CODE 6560-50-P