[Federal Register Volume 68, Number 233 (Thursday, December 4, 2003)]
[Proposed Rules]
[Pages 67916-67930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30166]



[[Page 67915]]

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

Part IV





Environmental Protection Agency





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



40 CFR Parts 302 and 355



Reportable Quantity Adjustments for Carbamates and Carbamate-Related 
Hazardous Waste Streams; Reportable Quantity Adjustment for Inorganic 
Chemical Manufacturing Processes Waste (K178); Proposed Rule

  Federal Register / Vol. 68, No. 233 / Thursday, December 4, 2003 / 
Proposed Rules  

[[Page 67916]]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 302 and 355

[SW H-FRL-7594-4]
RIN 2050-AE12


Reportable Quantity Adjustments for Carbamates and Carbamate-
Related Hazardous Waste Streams; Reportable Quantity Adjustment for 
Inorganic Chemical Manufacturing Processes Waste (K178)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA or ``the 
Agency'') is proposing reportable quantity (RQ) adjustments for 28 
individual carbamates and five carbamate-related hazardous waste 
streams listed as hazardous wastes under the Resource Conservation and 
Recovery Act, and as hazardous substances with one-pound statutory RQs 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA). In addition, EPA is proposing to adjust the 
one-pound statutory RQ of another hazardous waste stream, K178, which 
is unrelated to the carbamates addressed in this rule.
    EPA thoroughly evaluated the intrinsic properties of these 
substances to assess the possibility of harm from the release of each 
substance into the environment and to determine the appropriate levels 
that require release notification. The proposed RQ adjustments will 
relieve the regulated community and emergency response personnel from 
the burden of making and receiving reports of releases that are 
unlikely to pose a threat to public health or welfare or the 
environment.

DATES: To make sure we consider your comments on this proposed rule, 
they must be postmarked on or before February 2, 2004. Comments 
postmarked after this date will be marked ``late'' and may not be 
considered.

ADDRESSES: Comments submitted by regular U.S. Postal Service mail 
should be sent to: Docket Coordinator, Superfund Docket Office, Mail 
Code 5202T, U.S. Environmental Protection Agency Headquarters, Ariel 
Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. 
Comments may also be submitted electronically, in person, or by special 
delivery. To ensure proper receipt by EPA, it is imperative that you 
identify the appropriate docket control number in the subject line on 
the first page of your comment. These docket control numbers, as well 
as detailed instructions on how to submit your comments, are provided 
in the section entitled ``How and to Whom Do I Submit Comments?'' in 
the supplemental information portion of this preamble.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA, Superfund, and EPCRA Hotline at 800/424-9346 or TDD 800/553-7672 
(hearing impaired). In the Washington, DC metropolitan area, call 703/
412-9810 or TDD 703/412-3323 (hearing impaired). For information on 
specific aspects of the rule, contact Lynn Beasley of the Office of 
Emergency and Remedial Response (5204G), U.S. Environmental Protection 
Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, 
DC 20460. Ms. Beasley's e-mail address is [email protected], and her 
telephone number is 703/603-9086.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Potentially Regulated Entities

------------------------------------------------------------------------
          Type of entity                Examples of affected entities
------------------------------------------------------------------------
Industry..........................  Manufacturers, handlers,
                                     transporters, and other users of
                                     carbamates. These substances are
                                     often used as insecticides,
                                     fungicides, herbicides,
                                     accelerators in the vulcanization
                                     of rubber, or as chemical
                                     intermediates in the manufacture of
                                     drugs, pesticides, or resins. In
                                     addition, entities that may release
                                     K178 waste streams will also be
                                     affected.
State, Local, or Tribal             State Emergency Response
 Governments.                        Commissions, and Local Emergency
                                     Planning Committees.
Federal Government................  National Response Center, and any
                                     Federal agency that may release
                                     these carbamates and waste streams.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your facility, company, business, or organization is regulated by this 
action, you should carefully examine the proposed changes to 40 CFR 
parts 302 and 355. If you have questions regarding the applicability of 
this action to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

B. How Can I Get Copies of Support Documents for This Rule?

    1. Docket. EPA has established an official public docket for the 
Carbamates and Carbamate-Related Hazardous Waste Streams (Docket ID No. 
SFUND-2002-0010) and an official public docket for the Inorganic 
Chemical Manufacturing Processes Waste (K178) (Docket ID No. SFUND-
2002-0011). The official public docket consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public docket does not include Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. The official public docket is the collection of 
materials that is available for public viewing at the Superfund Docket 
in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the 
Superfund Docket is (202) 566-0270. You may copy a maximum of 100 pages 
from any regulatory docket at no cost. Additional copies cost $0.15 per 
page. The Docket Office will mail copies of materials to you if you are 
located outside the Washington, DC metropolitan area.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the Federal Register 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to

[[Page 67917]]

access those documents in the public docket that are available 
electronically. Once in the system, select ``search,'' then key in the 
appropriate docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B.1. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.
    For additional information about EPA's electronic public docket, 
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, by facsimile, or 
through hand delivery/courier. To ensure proper receipt by EPA, 
identify the appropriate docket identification number in the subject 
line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments. However, late 
comments may be considered if time permits.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in Docket ID No. 
SFUND-2002-0010 for the Carbamates and Carbamate-Related Hazardous 
Waste Streams or Docket ID No. SFUND-2002-0011 for the Inorganic 
Chemical Manufacturing Processes Waste (K178). The system is an 
``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], Attention Docket ID No. SFUND-2002-0010 for 
Carbamates and Carbamate-Related Hazardous Waste Streams or Docket ID 
No. SFUND-2002-0011 for Inorganic Chemical Manufacturing Processes 
Waste (K178). In contrast to EPA's electronic public docket, EPA's e-
mail system is not an ``anonymous access'' system. If you send an e-
mail comment directly to the Docket without going through EPA's 
electronic public docket, EPA's e-mail system automatically captures 
your e-mail address. E-mail addresses that are automatically captured 
by EPA's e-mail system are included as part of the comment that is 
placed in the official public docket, and made available in EPA's 
electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By Mail. Send an original and two copies of your comments to: 
Superfund Docket, Environmental Protection Agency, Mailcode: [5202T], 
1200 Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID 
No. SFUND-2002-0010 for Carbamates and Carbamate-Related Hazardous 
Waste Streams or Docket ID No. SFUND-2002-0011 for Inorganic Chemical 
Manufacturing Processes Waste (K178).
    3. By Hand Delivery or Courier. Deliver your comments to: Public 
Reading Room, Room B102, EPA West Building, 1301 Constitution Avenue, 
NW., Washington, DC, Attention Docket ID No. SFUND-2002-0010 for 
Carbamates and Carbamate-Related Hazardous Waste Streams or Docket ID 
No. SFUND-2002-0011 for Inorganic Chemical Manufacturing Processes 
Waste (K178). Such deliveries are only accepted during the Docket's 
normal hours of operation as identified in Unit I.B.1.
    4. By Facsimile. Fax your comments to: (202) 566-0272, Attention 
Docket ID. No. SFUND-2002-0010 for Carbamates and Carbamate-Related 
Hazardous Waste Streams or Docket ID No. SFUND-2002-0011 for Inorganic 
Chemical Manufacturing Processes Waste (K178).

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.

[[Page 67918]]

    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.

II. Outline of Today's Preamble

A. Overview
    1. Statutory Authority
    2. Does this proposed rule apply to me?
    3. What types of releases are exempt from these reporting 
requirements?
B. Background
C. Summary of Today's Action
    1. What is the scope of today's rule?
    2. What methodology is EPA using to adjust the RQs of the 
individual carbamates?
    3. What RQs are proposed for the individual carbamates?
    4. How is EPA adjusting the RQs for the carbamate-related waste 
streams?
    5. What RQs are proposed for these carbamate-related waste 
streams?
    6. What conforming changes are being made to Table 302.4 and its 
Appendix A?
    7. What changes are being made to 40 CFR part 355?
    8. What RQ is proposed for the K178 waste stream?
D. Statutory and Regulatory Reviews
    1. Executive Order 12866: Regulatory Planning and Review
    2. Paperwork Reduction Act
    3. Regulatory Flexibility Act
    4. Unfunded Mandates Reform Act
    5. Executive Order 13132: Federalism
    6. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    7. Executive Order 13045: Protection of Children from 
Environmental Risks and Safety Risks
    8. Executive Order 13211: Actions that Significantly Affect 
Energy Supply, Distribution or Use
    9. National Technology Transfer and Advancement Act of 1995

III. Preamble for Reportable Quantity Adjustments for Carbamates and 
Carbamate-Related Hazardous Waste Streams; Reportable Quantity 
Adjustment for Inorganic Chemical Manufacturing Processes Waste (K178)

A. Overview

1. Statutory Authority
    The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (CERCLA), 42 U.S.C. 9601 et seq., as amended by 
the Superfund Amendments and Reauthorization Act of 1986, gives the 
Federal government broad authority to respond to releases or threats of 
releases of hazardous substances from vessels and facilities. The term 
``hazardous substance'' is defined in section 101(14) of CERCLA by 
referencing various Federal environmental statutes. For example, the 
term includes ``any hazardous waste having the characteristics 
identified under or listed pursuant to section 3001 of the Solid Waste 
Disposal Act * * *,'' also known as the Resource Conservation and 
Recovery Act (RCRA).
    Section 102(b) of CERCLA establishes reportable quantities (RQs) of 
one pound (``statutory RQs'') for releases of most CERCLA hazardous 
substances. Under section 102(a) of CERCLA, the Administrator of EPA 
has the authority to adjust these RQs by regulation (``adjusted RQs'').
    Under CERCLA section 103(a), the person in charge of a vessel or 
facility from which a CERCLA hazardous substance has been released in a 
quantity that equals or exceeds its RQ must immediately notify the 
National Response Center (NRC) of the release. A release is reportable 
if an RQ or more is released within a 24-hour period (see 40 CFR 
302.6). This reporting requirement serves as a trigger for informing 
the government of a release so that Federal personnel can evaluate the 
need for a Federal removal or remedial action and undertake any 
necessary action in a timely fashion.
    In addition to the reporting requirements under CERCLA section 103, 
section 304 of the Emergency Planning and Community Right-to-Know Act 
of 1986 (EPCRA), 42 U.S.C. 11001 et seq., requires owners or operators 
of certain facilities to report releases of extremely hazardous 
substances (EHSs) and CERCLA hazardous substances to State and local 
authorities (see 40 CFR 355.40). After the release of a hazardous 
substance in a quantity equal to or greater than its RQ, facility 
owners or operators must immediately notify the community emergency 
coordinator for each local emergency planning committee for any area 
likely to be affected by the release, and the State emergency response 
commission of any State likely to be affected by the release.
2. Does This Proposed Rule Apply to Me?
    The person in charge of a vessel or facility from which a CERCLA 
hazardous substance is released in a quantity that equals or exceeds 
its RQ must notify appropriate authorities who can evaluate whether a 
government response is needed. Therefore, this proposed rule may affect 
the following entities: (1) Persons in charge of vessels or facilities 
that may release CERCLA hazardous substances (as identified in this 
proposal) and owners or operators of facilities that may release EHSs 
or CERCLA hazardous substances (as identified in this proposal) into 
the environment; and (2) entities that plan for or respond to such 
releases.
3. What Types of Releases Are Exempt From the Reporting Requirements?
    In determining whether you must report the release of a carbamate 
that equals or exceeds its RQ, it should be noted that section 103(e) 
of CERCLA exempts from the notification provisions of CERCLA section 
103(a): ``* * * the application of a pesticide product registered under 
the Federal Insecticide, Fungicide, and Rodenticide Act or * * * the 
handling and storage of such a pesticide product by an agricultural 
producer.'' The legislative history of CERCLA suggests that Congress 
intended this exemption to apply to the application of a pesticide 
generally in accordance with the pesticide's purpose.
    In addition, if a release of a CERCLA hazardous substance meets the 
criteria under CERCLA section 103(e) for an exemption from reporting to 
the NRC, the same release is also exempt from reporting to State and 
local authorities under EPCRA section 304. In the context of today's 
proposed rule, EPA believes that the CERCLA section 103(e) reporting 
exemption provides a potential source of reporting relief under both 
CERCLA and EPCRA for certain releases of carbamate pesticides.
    As EPA previously noted in an April 4, 1985 final rule (50 FR 
13464), we do not consider the spill of a pesticide to be an 
application of the pesticide, nor do we consider a pesticide spill to 
be in accordance with the pesticide's purpose. Consequently, spills of 
a carbamate pesticide that equal or exceed an RQ must be reported to 
the NRC under CERCLA section 103 and to the

[[Page 67919]]

appropriate State and local authorities under EPCRA section 304.

B. Background

    In today's notice of proposed rulemaking (NPRM), EPA is proposing 
to adjust the statutory one-pound RQs for 28 individual carbamates and 
five carbamate-related waste streams. Today's rulemaking includes 
proposed RQ adjustments not only for individual carbamates, but also 
for thiocarbamates, dithiocarbamates, carbamoyl oximes, and several 
other individual substances that are closely related to carbamate 
production and/or waste generation. For purposes of simplicity, 
however, the preamble to today's proposed rule refers to all 28 
individual substances for which RQ adjustments are being proposed as 
``carbamates,'' and to the five waste streams as ``carbamate-related'' 
waste streams. In addition, EPA is proposing to adjust the one-pound 
statutory RQ of another hazardous waste stream, K178, which is 
unrelated to the carbamates addressed in this rule (see Section III.C.8 
of today's preamble for information regarding K178). A summary of the 
developments leading up to today's proposed rulemaking as it relates to 
the carbamate-related substances is provided below.
    On November 8, 1984, Congress amended RCRA by enacting the 
Hazardous and Solid Waste Amendments of 1984 (HSWA), 42 U.S.C. 6901 et 
seq. In one provision of HSWA--a newly added RCRA section 3001(e)(2)--
Congress directed EPA to determine whether several wastes, including 
wastes generated from the production of carbamates, should be listed as 
RCRA hazardous wastes. Carbamates are widely used as active ingredients 
in pesticides, herbicides, insecticides, and fungicides, and in the 
production of synthetic rubber. Before Congress enacted HSWA in 1984, 
EPA already had regulated several carbamate substances under RCRA, 
CERCLA, and other statutes.
    Based on our evaluation of the carbamate production wastes, we 
published on March 1, 1994 (59 FR 9808), a proposal to list 80 
carbamate-related substances as RCRA hazardous wastes and as CERCLA 
hazardous substances. These 80 substances included: (1) 70 individual 
carbamates; (2) six carbamate-related waste streams; and (3) four 
categories of carbamate substances. Subsequently, on February 9, 1995 
(60 FR 7824), we finalized the listing of 64 of these 80 substances as 
RCRA hazardous wastes and CERCLA hazardous substances, deferring action 
on 12 individual substances and the four categories of carbamate 
substances included in the proposed rule. Thus, EPA listed a total of 
58 individual carbamates and six carbamate-related hazardous waste 
streams as RCRA hazardous wastes and CERCLA hazardous substances in the 
February 9, 1995 final rule. We published corrections to minor errors 
in these listings in the Federal Register on April 17, 1995 (60 FR 
19165) and May 12, 1995 (60 FR 25619). We also modified our 
interpretation of the rule as it affected listings for K156 and K157 
hazardous wastes on August 14, 1995 (60 FR 41817).
    On November 1, 1996, the Court of Appeals (D.C. Circuit) ruled that 
EPA failed to follow proper rulemaking procedures in making some of the 
carbamate listing determinations in the February 9, 1995 rule. 
Dithiocarbamate Task Force v. EPA, 98 F.3d 1394 (D.C.Cir. 1996). As a 
result, the court vacated the RCRA hazardous waste and CERCLA hazardous 
substance listings for 24 of the 58 individual carbamates and one of 
the six carbamate-related waste streams (K160) included in that rule. 
In addition, the court vacated three other carbamate-related waste 
streams (K156, K157, and K158) only to the extent that they applied to 
the chemical 3-iodo-2-propynyl n-butylcarbamate. Under the court 
decision, the vacated carbamate listings are to be treated as though 
they had never been in effect.
    To clarify the legal status of the vacated listings for the 
regulated community and the public, EPA, in a June 17, 1997 final rule 
(62 FR 32974), amended the lists of RCRA hazardous wastes and CERCLA 
hazardous substances (in 40 CFR parts 261 and 302 respectively) to 
remove the entries for the 24 individual carbamates and one carbamate-
related waste stream (K160) that were vacated by the court, as well as 
revised the entries for K156, K157, and K158 to indicate that they do 
not apply to 3-iodo-2-propynyl n-butylcarbamate.
    It is important to note, however, that the court's ruling did not 
change the February 9, 1995 listing of the 34 remaining individual 
carbamates as RCRA hazardous wastes; those listings remain in effect. 
Independent of the February 9, 1995 rule, EPA already has added six of 
these 34 individual carbamates to the CERCLA list of hazardous 
substances in Table 302.4 of 40 CFR 302.4, and developed adjusted RQs 
for these substances because of their listing under the Clean Air Act 
or Clean Water Act.\1\ The six substances and their Chemical Abstracts 
Service Registry Numbers (CASRNs) are: carbaryl (CASRN 63-25-2); 
carbofuran (CASRN 1563-66-2); mercaptodimethur (CASRN 2032-65-7); 
mexacarbate (CASRN 315-18-4); propoxur (CASRN 114-26-1); and 
triethylamine (CASRN 121-44-8).\2\ Thus, we are not proposing any RQ 
adjustments for these six substances today.
---------------------------------------------------------------------------

    \1\ We adjusted the RQs for five of these six substances in an 
April 4, 1985 final rule (50 FR 13456), and adjusted the RQ for the 
other substance, propoxur, in a June 12, 1995 final rule (60 FR 
30926).
    \2\ Although not a carbamate, triethylamine is used during the 
production of carbamates.
---------------------------------------------------------------------------

    Upon the effective date of the February 9, 1995 final rule, the 28 
remaining individual carbamates and the five carbamate-related 
hazardous waste streams became hazardous substances under CERCLA 
section 101(14)(C) and received one-pound statutory RQs. We are 
proposing today to adjust the statutory one-pound RQs for these 28 
substances and five waste streams based on criteria that relate to the 
possibility of harm from the release of each hazardous substance into 
the environment. EPA will revise the List of Hazardous Substances and 
Reportable Quantities (Table 302.4 of 40 CFR 302.4) to reflect these 
proposed changes and other, conforming proposed changes, if they are 
finalized. However, until such time as we finalize the adjusted RQs 
proposed in today's rule, the statutory RQ of one pound remains in 
effect for these substances.
    Finally, eleven of the individual substances with proposed RQ 
adjustments in today's rule are also EPCRA section 302 EHSs. For the 
names of these 11 substances, see the proposed revisions to appendices 
A and B of 40 CFR part 355, included at the end of today's rule. In an 
August 30, 1989 rule (54 FR 35988), we proposed to adjust the RQs for 
all the EPCRA EHSs.\3\ We finalized adjustments to the RQs for all the 
EHSs, except the 11 included in today's rule (61 FR 20473, May 7, 
1996). We are reproposing adjusted RQs for these 11 substances today, 
for reporting under both CERCLA and EPCRA.
---------------------------------------------------------------------------

    \3\ We used the data from this August 30, 1989 proposed 
rulemaking, as well as more recent data, to support the RQ 
adjustments proposed for these 11 substances in today's rule.
---------------------------------------------------------------------------

C. Summary of Today's Action

1. What Is the Scope of Today's Rule?
    In today's rule, we are proposing to adjust the one-pound statutory 
RQs for 28 individual carbamates (one of which is adjusted to a final 
RQ of one-pound) and five carbamate-related waste streams. In addition, 
EPA is proposing to adjust the one-pound statutory RQ of another 
hazardous waste stream, K178, which is unrelated to the carbamates

[[Page 67920]]

addressed in this rule (see section III.C.8 of today's preamble for 
information regarding K178). We based these adjustments on specific 
scientific and technical criteria that relate to the possibility of 
harm from the release of a CERCLA hazardous substance in certain 
amounts. RQs are based, in part, on a determination of possible or 
potential harm, but they are not a determination that releases of a 
particular amount of a hazardous substance necessarily will harm the 
public health, welfare, or the environment. The quantity released is 
just one factor that the Federal government considers when it assesses 
the need to respond to such a release. Other factors include, but are 
not limited to, the location of the release, its proximity to drinking 
water supplies or other valuable resources, and the likelihood of 
exposure or injury to nearby populations. The RQ adjustments that EPA 
is proposing today would enable us to focus our resources on those 
releases that are most likely to pose potential threats to public 
health, welfare, or the environment. These RQ adjustments also would 
relieve the regulated community and emergency response personnel from 
the burden of making and receiving reports of releases that are 
unlikely to pose such threats.
2. What Methodology Is EPA Using To Adjust the RQs of the Individual 
Carbamates?
    EPA has wide discretion in adjusting the statutory RQs for 
hazardous substances under CERCLA. Administrative feasibility and 
practicality are important considerations. Our methodology for 
adjusting the RQ of an individual hazardous substance begins with an 
evaluation of its intrinsic physical, chemical, and toxicological 
properties. These intrinsic properties--called ``primary criteria''--
are aquatic toxicity, mammalian toxicity (oral, dermal, and 
inhalation), ignitability, reactivity, chronic toxicity, and potential 
carcinogenicity.\4\
---------------------------------------------------------------------------

    \4\ For further information on assigning adjusted RQs to 
hazardous substances under the primary criteria, see the Technical 
Background Document to Support Rulemaking Pursuant to CERCLA Section 
102, Volume 2, August 1986 (for chronic toxicity), Volume 3, July 
1989 (for potential carcinogenicity), and Volume 1, March 1985 (for 
the four other primary criteria), available for inspection at the 
Superfund Docket in the EPA Docket Center, (EPA/DC) EPA West, Room 
B102, 1301 Constitution Ave., NW., Washington, DC.
---------------------------------------------------------------------------

    Generally, for each intrinsic property, EPA ranks hazardous 
substances on a five-tier scale, associating a specific range of values 
on each scale with an RQ value of 1, 10, 100, 1,000, or 5,000 pounds. 
Each hazardous substance may receive several tentative RQ values based 
on the primary criteria. The lowest of the tentative RQs becomes the 
``primary criteria RQ'' for that substance.
    When we find sufficient data in the scientific literature on the 
chronic toxicity and/or potential carcinogenicity (two of the six 
primary criteria) of a substance, we generally evaluate and summarize 
these data in a chemical-specific profile. Following an extensive 
review of available scientific literature on the 28 individual 
carbamates addressed in today's proposed rule, we found that chronic 
toxicity profiles are warranted for nine of these 28 carbamates, and 
that potential carcinogenicity profiles are warranted for six of the 28 
carbamates. EPA has placed these 15 draft chemical-specific profiles in 
the docket for this proposed rulemaking.\5\ Proposed RQs for several of 
the substances included in today's rule are based, at least in part, on 
the conclusions drawn in these profiles.
---------------------------------------------------------------------------

    \5\ You may inspect the preliminary draft Reportable Quantity 
documents and potential carcinogenicity evaluations at the Superfund 
Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC.
---------------------------------------------------------------------------

    We are soliciting comments on these drafts. We will consider data 
that you submit, including any additional toxicity or carcinogenicity 
data that may be available on these substances or the other carbamates 
included in today's proposed rule. If the data are applicable, we will 
incorporate them into the draft profiles prior to their completion.
    After assigning the primary criteria RQs, we further evaluate the 
substances for their susceptibility to certain degradative processes. 
These natural degradative processes, which we use as ``secondary RQ 
adjustment criteria,'' are biodegradation, hydrolysis, and photolysis 
(BHP). If a hazardous substance, when released into the environment, 
degrades relatively rapidly to a less hazardous form by one or more of 
the BHP processes, we generally increase its RQ (as determined by the 
primary RQ adjustment criteria) by one level.\6\ Conversely, if a 
hazardous substance degrades to a more hazardous product after its 
release, we assign an RQ equal to the RQ for the more hazardous 
substance, which may be one or more levels lower than the RQ for the 
original substance.
---------------------------------------------------------------------------

    \6\ We do not raise an RQ level based on BHP if the primary 
criteria RQ is already at its highest possible level (100 pounds for 
potential carcinogens and 5,000 pounds for all other types of 
hazardous substances). The secondary adjustment criteria of BHP are 
not applied to radionuclides.
---------------------------------------------------------------------------

    Three carbamates--bendiocarb, benomyl, and thiophanate-methyl--have 
BHP data that are a sufficient basis for adjusting the primary criteria 
RQs for these substances. Although several other carbamates (e.g., 
propham) have BHP data that suggest rapid degradation, the evidence for 
most of these substances is not conclusive. Therefore, no adjustment to 
the RQs for these other carbamates was proposed on the basis of BHP.\7\ 
EPA is requesting that commenters submit additional degradation data 
(e.g., data on BOD5 values and on half lives), if available, 
on these 28 individual substances.\8\
---------------------------------------------------------------------------

    \7\ To review a summary of the BHP data on the 28 carbamates 
included in today's rule, see Exhibit 4-3 of the Technical 
Background Document to Support Rulemaking Pursuant to CERCLA section 
102, Volume 8, available for inspection at the Superfund Docket in 
the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC.
    \8\ One or more of the following criteria must be met for a 
hazardous substance to qualify for further RQ adjustment based on 
BHP: (1) Biodegradation: the substance must have a five-day 
biochemical oxygen demand (BOD5) that equals or exceeds 
50 percent of the theoretical oxygen demand as calculated based on 
stoichiometric oxidation; and (2) Hydrolysis/Photolysis: the half-
life of the substance in the environment must be five days or less. 
For further information on the methodology for applying BHP, see the 
Technical Background Document to Support Rulemaking Pursuant to 
CERCLA section 102, Volume 1, March 1985, available for inspection 
at the Superfund Docket in the EPA Docket Center, (EPA/DC) EPA West, 
Room B102, 1301 Constitution Ave., NW., Washington, DC.
---------------------------------------------------------------------------

    EPA could not locate acceptable data on any of the primary or 
secondary criteria for three of the 28 individual carbamates in today's 
proposed rule (see Table 1). In the past, when adjusting the statutory 
RQs of such data-poor hazardous substances, we have used data from 
chemically similar, surrogate substances.\9\ Therefore, to adjust the 
statutory RQs of the three data-poor carbamates in today's rule, we 
conducted an analysis of other carbamates to identify potential 
surrogate substances (i.e., carbamates with primary criteria data that 
are chemically similar, based primarily on structural analogy, to the 
data-poor substances).
---------------------------------------------------------------------------

    \9\ For further information on, and examples of, EPA's use of 
surrogate data to adjust RQs of hazardous substances, see section 2 
of the Technical Background Document to Support Rulemaking Pursuant 
to CERCLA section 102, Volume 8, available for inspection at the 
Superfund Docket in the EPA Docket Center, (EPA/DC) EPA West, Room 
B102, 1301 Constitution Ave., NW., Washington, DC.
---------------------------------------------------------------------------

    Table 1 lists the chemically similar carbamates EPA used as 
proposed surrogates, and the proposed RQs we assigned to each data-poor 
substance based on its chemically similar

[[Page 67921]]

surrogate.\10\ We are requesting primary and secondary criteria data on 
these three data-poor substances. We also are soliciting comments from 
readers on our choice of surrogate substances used to adjust the RQs 
for these three carbamates.
---------------------------------------------------------------------------

    \10\ These three data-poor carbamates also are included in the 
list of 28 individual carbamates that appears in Table 2. For 
further information on the three data-poor carbamates and the 
chemically-similar, surrogate substances that EPA has identified, 
see section 3 of the Technical Background Document to Support 
Rulemaking Pursuant to CERCLA section 102, Volume 8, available for 
inspection at the Superfund Docket in the EPA Docket Center, (EPA/
DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington, 
DC.

           Table 1.--Proposed RQs for the Data-Poor Carbamates
------------------------------------------------------------------------
                                                             Proposed RQ
       Data-poor carbamate            Proposed surrogate       (pounds)
------------------------------------------------------------------------
Bendiocarb phenol................  Bendiocarb..............         1000
Carbofuran phenol................  Carbofuran..............           10
Manganese dimethyldithiocarbamate  Ziram...................           10
------------------------------------------------------------------------

Please note that in Table 2, below, we are assigning different RQs for 
the data-poor carbamate/surrogate pair of Bendiocarb phenol (data-poor 
carbamate) and Bendiocarb (its proposed surrogate) in shown in Table 1, 
above. In Table 2, EPA is applying the secondary criteria of BHP to 
adjust the RQ for bendiocarb to 100 pounds. However, due to structural 
differences between the two substances, we believe that it would be 
inappropriate to apply the BHP data for bendiocarb to bendiocarb 
phenol; hence, EPA is proposing a 1000-pound RQ for bendiocarb phenol 
(see Tables 1 and 2).
3. What RQs Are Proposed for the Individual Carbamates?
    Table 2 lists the chemical names, CASRNs, and proposed RQs for the 
28 individual carbamates included in today's proposed rule. The 
proposed RQs for 27 of the 28 individual carbamates would be raised 
from their one-pound statutory levels, while one of the 28 individual 
carbamates--Dimetilan--would be adjusted to its proposed, final RQ of 
one pound.

           Table 2.--Proposed RQs for 28 Individual Carbamates
------------------------------------------------------------------------
                                                             Proposed RQ
               Chemical name                      CASRN        (pounds)
------------------------------------------------------------------------
A2213......................................      30558-43-1         5000
Aldicarb sulfone...........................       1646-88-4          100
Barban.....................................        101-27-9           10
Bendiocarb.................................      22781-23-3          100
Bendiocarb phenol..........................      22961-82-6         1000
Benomyl....................................      17804-35-2           10
Carbendazim................................      10605-21-7           10
Carbofuran phenol..........................       1563-38-8           10
Carbosulfan................................      55285-14-8         1000
m-Cumenyl methylcarbamate..................         64-00-6           10
Diethylene glycol, dicarbamate.............       5952-26-1         5000
Dimetilan..................................        644-64-4            1
Formetanate hydrochloride..................      23422-53-9          100
Formparanate...............................      17702-57-7          100
Isolan.....................................        119-38-0          100
Manganese dimethyldithiocarbamate..........      15339-36-3           10
Metolcarb..................................       1129-41-5         1000
Oxamyl.....................................      23135-22-0          100
Physostigmine salicylate...................         57-64-7          100
Physostigmine..............................         57-47-6          100
Promecarb..................................       2631-37-0         1000
Propham....................................        122-42-9         1000
Prosulfocarb...............................      52888-80-9         5000
Thiodicarb.................................      59669-26-0          100
Thiophanate-methyl.........................      23564-05-8           10
Tirpate....................................      26419-73-8          100
Triallate..................................       2303-17-5          100
Ziram......................................        137-30-4           10
------------------------------------------------------------------------

4. How is EPA Adjusting the RQs for the Carbamate-Related Waste 
Streams?
    In addition to the 28 individual carbamate hazardous substances, we 
also are proposing to adjust the RQs of the five carbamate-related RCRA 
hazardous waste streams (K156, K157, K158, K159, and K161). The 
standard methodology used to adjust the RQs for RCRA hazardous waste 
streams differs from the methodology applied to individual hazardous 
substances. Our procedure for assigning RQs to RCRA waste streams is 
based on an analysis of the hazardous constituents of the waste

[[Page 67922]]

streams. Specifically, EPA identifies the constituents of each RCRA 
hazardous waste stream in 40 CFR part 261, appendix VII. We determine 
the RQ for each constituent within the waste stream and establish the 
lowest RQ value of these constituents as the adjusted RQ for the waste 
stream. We also apply this same methodology to adjust the RQ for K178 
(see section III.C.8 for more information).
5. What RQs Are Proposed for These Carbamate-Related Waste Streams?
    In the February 9, 1995 final rule, the five carbamate-related 
waste streams were assigned the statutory one-pound RQ required by 
CERCLA section 102(b). In today's rule, using the standard methodology 
for adjusting RQs for RCRA waste streams, EPA is proposing a one-pound 
adjusted RQ for waste stream K161 and 10-pound adjusted RQs for the 
remaining four carbamate-related waste streams (K156, K157, K158, and 
K159) based on the constituent(s) with the lowest RQ within each of the 
waste streams. Table 3 lists the constituents and constituent RQs of 
each of the five carbamate-related hazardous waste streams.

     Table 3.--Constituents of Five Carbamate-Related Waste Streams
------------------------------------------------------------------------
            Carbamate Waste Stream Constituents              RQ (pounds)
------------------------------------------------------------------------
K156.......................................................           10
    benomyl................................................           10
    carbaryl...............................................          100
    carbendazim............................................           10
    carbofuran.............................................           10
    carbosulfan............................................         1000
    formaldehyde...........................................          100
    methylene chloride.....................................         1000
    triethylamine..........................................         5000
K157.......................................................           10
    carbon tetrachloride...................................           10
    formaldehyde...........................................          100
    methyl chloride........................................          100
    methylene chloride.....................................         1000
    pyridine...............................................         1000
    triethylamine..........................................         5000
K158.......................................................           10
    benomyl................................................           10
    carbendazim............................................           10
    carbofuran.............................................           10
    carbosulfan............................................         1000
    chloroform.............................................           10
    methylene chloride.....................................         1000
K159.......................................................           10
    benzene................................................           10
    butylate...............................................          100
    EPTC...................................................         1000
    molinate...............................................           10
    pebulate...............................................          100
    vernolate..............................................          100
K161.......................................................            1
    antimony...............................................         5000
    arsenic................................................            1
    metam sodium...........................................           10
    ziram..................................................           10
------------------------------------------------------------------------

6. What Conforming Changes Are Being Made to Table 302.4 and Its 
Appendix A?
    EPA is proposing to modify the entries in Table 302.4 for the 
carbamates added by the February 9, 1995 final rule to the list of 
CERCLA hazardous substances. Specifically, we are proposing in today's 
rule to change the entries for the chemical names of the carbamates in 
the ``Hazardous Substance'' column in Table 302.4 to reflect more 
accurately the chemical names for these substances as they appear in 
the RCRA tables of hazardous wastes at 40 CFR 261.33(e) and (f).
    For example, the February 9, 1995 final rule generally lists two 
names for each individual carbamate in Table 302.4--a chemical name 
and, in parentheses, a synonym. Thus, the February 9, 1995 final rule 
added one entry for each carbamate to the CERCLA list of hazardous 
substances. The same final rule alphabetically lists these two names as 
separate entries in the RCRA tables of hazardous wastes in 40 CFR 
261.33.
    Because each of the 28 individual carbamates included in today's 
rule has at least two separate entries in the RCRA tables of hazardous 
wastes, we are proposing to make the CERCLA table of hazardous 
substances consistent by listing the two (or more) synonymous names as 
separate entries in Table 302.4. Thus, amendatory instruction 3, which 
immediately precedes Table 302.4 in today's proposed rule, accounts for 
the addition of the chemical names and synonyms as separate entries in 
Table 302.4, and amendatory instruction 2 accounts for the removal of 
the previously listed names for these substances. We believe that 
proposing these changes to Table 302.4 is a positive step toward 
ensuring that chemical lists under RCRA and CERCLA are more consistent 
and that carbamate synonyms are easier to find in the table.
    In addition, we are proposing conforming changes to entries in 
appendix A to Table 302.4 for the 28 carbamates added to the list of 
CERCLA hazardous substances by the February 9, 1995 final rule.
7. What Changes Are Being Made to 40 CFR Part 355?
    Appendices A and B of 40 CFR part 355, which list EHSs and their 
threshold planning quantities (TPQs) under EPCRA, also list the RQs for 
EHSs. Eleven of the individual carbamates for which EPA is proposing 
adjusted RQs are EHSs, as well as CERCLA hazardous substances. EPA 
today is proposing to revise appendices A and B of 40 CFR part 355 to 
include these adjusted RQs. For the names of these 11 substances, see 
the proposed revisions to appendices A and B included at the end of 
today's proposed rule.
8. What RQ Is Proposed for the K178 Waste Stream? \11\
---------------------------------------------------------------------------

    \11\ HSWA also directed EPA to determine whether wastes from the 
Inorganic Chemical Industry should be listed as RCRA hazardous 
wastes.
---------------------------------------------------------------------------

    As noted in section III.C.4 of the preamble, the Agency's standard 
methodology for adjusting the RQs for RCRA waste streams is based on an 
analysis of the hazardous constituents of each waste, as identified in 
40 CFR part 261, appendix VII. We determine an RQ for each constituent 
and establish the lowest RQ value of these constituents as the adjusted 
RQ for the waste stream. When there are hazardous constituents 
identified for a waste stream that are not individual CERCLA hazardous 
substances, EPA develops an RQ for these constituents in order to 
assign an appropriate RQ to the waste stream (see 48 FR 23565, May 25, 
1983). In other words, we derive the RQ for an RCRA waste stream based 
on the lowest RQ of all of the hazardous constituents identified for 
that waste in appendix VII of 40 CFR part 261, regardless of whether 
the constituents are CERCLA hazardous substances.
    On September 14, 2000, EPA published a proposed rule to list three 
waste streams from inorganic chemical manufacturing processes as RCRA 
hazardous wastes in 40 CFR 261.32 and as CERCLA hazardous substances in 
40 CFR 302.4 (65 FR 55684). In that rule, we proposed to adjust the 
one-pound statutory RQ for two of the three waste streams, K176 and 
K177. For the third waste stream, K178 (nonwastewaters from the 
production of titanium dioxide by the chloride-ilmenite process), EPA 
identified two hazardous constituents. The two hazardous constituents 
identified in the proposed rule were: thallium, which is a CERCLA 
hazardous substance with a 1,000-pound RQ; and manganese, which does 
not appear on the CERCLA hazardous substance list in 40 CFR 302.4 and, 
therefore, has not been assigned an RQ. Because EPA had

[[Page 67923]]

not yet developed an RQ for manganese at that time, we did not propose 
to adjust the RQ for K178 in the September 14, 2000 proposed rule.
    Numerous commenters to the proposed rule objected to using 
manganese as a basis for listing K178 wastes, citing potential adverse 
impacts to many industries. Although EPA continues to believe that 
manganese poses significant issues that ultimately should be resolved, 
the court-ordered schedule for the hazardous waste listings provided no 
flexibility to address those issues fully before finalizing the 
listings. For that reason, in the final rule, EPA deferred final action 
on adding manganese to appendix VII of 40 CFR part 261 as a basis for 
listing K178 wastes (66 FR 58258; November 20, 2001). The final 
hazardous waste listing for K178 is based solely on thallium. As a 
result, we are proposing an RQ of 1,000 pounds for the K178 waste 
stream, based on the constituent RQ for thallium, the sole hazardous 
constituent identified for the waste stream.
    As stated in the section of the preamble entitled ``How and to Whom 
Do I Submit Comments?,'' it is important to identify docket control 
number SFUND-2002-0011 in the subject line on the first page of your 
correspondence if you are submitting comments on the proposed 1,000-
pound RQ for K178.

D. Statutory and Regulatory Reviews

1. Executive Order 12866: Regulatory Planning and Review
    Under Executive Order 12866 (58 FR 51735), the Agency must 
determine whether this regulatory action is ``significant'' and 
therefore subject to formal review by the Office of Management and 
Budget (OMB) and to the requirements of the Executive Order, which 
include assessing the costs and benefits anticipated as a result of the 
proposed regulatory action. The Order defines ``significant regulatory 
action'' as one that is likely to result in a rule that may: (1) Have 
an annual effect on the economy of $100 million or more or adversely 
affect in a material way the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or state, local, or tribal governments or communities; (2) 
create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency; (3) materially alter the budgetary 
impact of entitlements, grants, user fees, or loan programs or the 
rights and obligations of recipients thereof; or (4) raise novel legal 
or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in the Executive Order.
    It has been determined that this proposed rule is not a 
``significant regulatory action'' under the terms of Executive Order 
12866 and is therefore not subject to OMB review. EPA performed an 
economic analysis, which shows that this proposed rule will result in 
an annual cost savings of approximately $90,640 to the regulated 
community and to Federal, State, and local governments, and does not 
result in any of the other effects that define a significant regulatory 
action. In this proposed rule, EPA would raise the RQs for 27 of the 28 
individual substances and five of the six waste streams (including 
K178) from their current statutory one-pound levels. The remaining 
individual carbamate substance and carbamate-related waste stream will 
remain subject to an RQ of one pound.
    We have estimated that these adjustments from the statutory one-
pound RQs will reduce by approximately 176 the number of reportable 
releases for these hazardous substances each year (see the economic 
analysis mentioned above). The estimated $90,640 cost savings reflects 
only those effects of the RQ adjustments that are readily quantifiable 
in dollars and are associated with the release notification 
requirements under CERCLA section 103 and EPCRA section 304, including 
the associated activities of recordkeeping and notification processing.
    A detailed presentation of EPA's methodology, data sources, and 
computations applied for estimating the number of affected entities 
(industrial facilities) and economic impacts attributable to today's 
proposal is provided in the ``Economic Impact Analysis'' to this 
proposal.
2. Paperwork Reduction Act
    The information collection requirements in this proposed rule have 
been submitted for approval to the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Information Collection Request (ICR) documents have been prepared by 
EPA (ICR Nos. 1049.09 and 1395.04). A copy of these ICRs may be 
obtained from Susan Ambry by mail at Collection Strategies Division; 
U.S. Environmental Protection Agency (2822), 1200 Pennsylvania Avenue, 
NW., Washington, DC 20460, or by calling (202) 566-1676, and by e-mail 
at [email protected]. A copy also may be downloaded off the 
Internet at http://www.epa.gov/icr.
    EPA proposes the following conditions for reporting and 
recordkeeping: mandatory reporting requirements (CERCLA section 103(a) 
and EPCRA section 304) serve as triggers for informing the government 
of a release so that Federal, State, or local personnel can evaluate 
the need for removal or remedial actions, and undertake any necessary 
action in a timely fashion.
    We estimate that the public reporting burden for collecting 
information required under CERCLA section 103 averages 4.1 labor hours 
(i.e., combined managerial, technical, and clerical hours) per 
response; the reporting burden under EPCRA section 304 averages 
approximately 5 labor hours per response. This estimate includes the 
time required to: make a determination whether a release requires a 
report to the NRC, the State, and local agencies; make the call(s); 
maintain a log of any calls made to government organizations; and make 
a follow-up written notification (if required under EPCRA section 304). 
The average burden estimates of 4.1 and 5 hours are provided only for 
the purpose of calculating the labor costs associated with the entire 
release reporting and recordkeeping process under CERCLA and EPCRA. 
Thus, these burden estimates should not be misinterpreted as reflecting 
the amount of time an individual has before he or she must call the 
NRC. Rather, CERCLA and EPCRA require that persons in charge of vessels 
or facilities immediately notify the NRC, the State, and local agencies 
of releases that equal or exceed an RQ.
    Because we are proposing to raise the RQs for all but two of the 
substances included in today's rule, we expect the net reporting and 
recordkeeping burden associated with reporting releases of these 
substances under CERCLA section 103 to decrease. As noted in the 
economic impact analysis supporting today's proposed rule (and in 
Section III.D.2 of this preamble), we estimate that the annual 
reporting and recordkeeping burdens associated with reports to the NRC 
will be reduced by approximately 720 hours, and to SERCs and LEPCs by 
880 hours.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
3. Regulatory Flexibility Act
    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of

[[Page 67924]]

1996 (SBREFA), 5 U.S.C. 601 et. seq., generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute, unless the agency certifies that the rule 
will not have a significant economic impact on a substantial number of 
small entities. Small entities include small businesses, small 
organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business that has 
fewer than 1000 or 100 employees per firm depending upon the SIC code 
the firm primarily is classified; (2) a small governmental jurisdiction 
that is a government of a city, county, town, school district or 
special district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I hereby certify that this proposal will not have a 
significant economic impact on a substantial number of small entities. 
In determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the proposed rule on small entities'' (5 U.S.C. 603 
and 604). Thus, an agency may certify that a rule will not have a 
significant economic impact on a substantial number of small entities 
if the rule relieves regulatory burden, or otherwise has a positive 
economic effect on small entities subject to the rule. For more 
information regarding the economic impact of this proposed rule, please 
refer to the economic background document to this proposal.
    We have therefore concluded that today's proposed rule will relieve 
regulatory burden for small entities. We continue to be interested in 
the potential impacts of the proposed rule on small entities and 
welcome comments on issues related to such impacts.
4. Unfunded Mandates Reform Act
    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 
must prepare a written analysis, 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 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 to have 
meaningful and timely input in the development of regulatory proposals, 
and informing, educating, and advising small governments on compliance 
with the regulatory requirements.
    EPA has determined that this rule does not include a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, or tribal governments, in the aggregate, or the private 
sector in any one year. This is because this proposed rule imposes no 
enforceable duty on any State, local, or tribal governments. EPA also 
has determined that this rule contains no regulatory requirements that 
might significantly or uniquely affect small governments. In addition, 
as discussed above, the private sector is not expected to incur costs 
exceeding $100 million. Therefore, today's proposed rule is not subject 
to the requirements of sections 202 and 205 of UMRA.
5. Executive Order 13132: Federalism
    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This proposal does not have federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. This rule directly affects 
manufacturers, handlers, transporters, and other users of carbamates; 
in addition, entities that may release K178 waste streams will also be 
affected. There are no State and local government bodies that incur 
direct compliance costs by this rulemaking. State and local government 
implementation expenditures are expected to be less than $500,000 in 
any one year. Thus, the requirements of section 6 of the Executive 
Order do not apply to this proposal.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed rule 
from State and local officials.
6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments
    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This proposed rule does not 
have tribal implications, as specified in Executive Order 13175. 
Today's rule does not significantly or uniquely affect the communities 
of Indian tribal governments, nor would it impose substantial direct 
compliance costs on them. Thus, Executive Order 13175 does not apply to 
this rule.
7. Executive Order 13045: Protection of Children From Environmental 
Risks and Safety Risks
    The Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997) applies to any rule that EPA determines (1) is ``economically 
significant'' as

[[Page 67925]]

defined under Executive Order 12866, and (2) the environmental health 
or safety risk addressed by the rule has a disproportionate effect on 
children. If the regulatory action meets both criteria, the Agency must 
evaluate the environmental health or safety effects of the planned rule 
on children; and explain why the planned regulation is preferable to 
other potentially effective and reasonably feasible alternatives 
considered by the Agency.
    This proposal is not subject to the Executive Order because it is 
not economically significant as defined in Executive Order 12866, and 
because the Agency does not have reason to believe the environmental 
health or safety risks addressed by this proposed rule present a 
disproportionate risk to children.
8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution or Use
    This proposed rule is not a ``significant energy action'' as 
defined in Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 
(May 22, 2001)) because it is not likely to have a significant adverse 
effect on the supply, distribution, or use of energy. This proposed 
rule reduces regulatory burden. It thus should not adversely affect 
energy supply, distribution, or use.
9. National Technology Transfer and Advancement Act of 1995
    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12 (d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus 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 us 
to provide Congress, through OMB, explanations when we decide not to 
use available and applicable voluntary consensus standards.
    The proposed rule does not involve technical standards. Therefore, 
EPA is not considering the use of any voluntary consensus standards.

List of Subjects

40 CFR Part 302

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substances, Hazardous wastes, Intergovernmental relations, 
Natural resources, Reporting and recordkeeping requirements, Superfund, 
Water pollution control, Water supply.

40 CFR Part 355

    Air pollution control, Chemicals, Hazardous substances, 
Intergovernmental relations, Natural resources, Reporting and 
recordkeeping requirements, Superfund, Water pollution control, Water 
supply.

    Dated: November 25, 2003.
Michael O. Leavitt,
Administrator.
    For the reasons set out in the preamble, it is proposed to amend 
title 40, chapter I of the Code of Federal Regulations as follows:

PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION

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

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

    2. Table 302.4 in Sec.  302.4 is amended by removing the entries 
for ``1,3-Benzodioxol-4-ol, 2,2-dimethyl-, (Bendiocarb phenol)'', 
``1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate (Bendiocarb)'', 
``7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-(Carbofuran phenol)'', 
``Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-
hexahydro-1,3a,8-trimethylpyrrolo[2,3b]indol-5-yl methylcarbamate ester 
(1:1) (Physostigmine salicylate)'', ``Carbamic acid, 1H-benzimidazol-2-
yl, methyl ester (Carbendazim)'', ``Carbamic acid, [1-
[(butylamino)carbonyl]-1H-benzimidazol-2-yl, methyl ester (Benomyl)'', 
``Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester 
(Barban)'', ``Carbamic acid, [(dibutylamino)thio]methyl-, 2,3-dihydro-
2,2-dimethyl-7benzofuranyl ester (Carbosulfan)'', ``Carbamic acid, 
dimethyl-,1[(dimethylamino)carbonyl]-5-methyl-1H-pyrazol-3-yl ester 
(Dimetilan)'', ``Carbamic acid, dimethyl-, 3-methyl-1-(1methylethyl)-
1H-pyrazol-5-yl ester (Isolan)'', ``Carbamic acid, methyl-, 3-
methylphenyl ester (Metolcarb)'', ``Carbamic acid, [1,2 
phenylenebis(iminocarbonothioyl)]bis-, dimethyl ester (Thiophanate-
methyl)'', ``Carbamic acid, phenyl-, 1-methylethyl ester (Propham)'', 
``Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-
propenyl) ester (Triallate)'', ``Carbamothioic acid, dipropyl-, S-
(phenylmethyl) ester (Prosulfocarb)'', ``1,3-Dithiolane-2-
carboxaldehyde, 2,4-dimethyl-, O-[(methylamino)carbonyl]oxime 
(Tirpate)'', ``Ethanimidothioci acid, 2-(dimethylamino-N-hydroxy-2-oxo-
, methyl ester (A2213)'', ``Ethanimidothoic acid, 2-(dimethylamino)-N-
[[(methylamino)carbonyl]oxy]-2-oxo-, methyl ester (Oxamyl)'', 
``Ethanimidothioic acid, N,N'-[thiobis[(methylimino) carbonyloxy]]bis-, 
dimethyl ester (Thiodicarb)'', ``Ethanol, 2,2'oxybis-, dicarbamate 
(Diethylene glycol, dicarbamate)'', ``Manganese, 
bis(dimethylcarbamodithioato-S,S')-(Manganese 
dimethyldithiocarbamate)'', ``Methanimidamide, N,N-dimethyl-N'-[3-
[[(methylamino)carbonyl]oxy]phenyl]-, monohydrochloride (Formetanate 
hydrochloride)'', ``Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-
[[(methylamino)carbonyl]oxy]phenyl]-(Formparanate)'', ``Phenol, 3-(l-
methylethyl)-, methyl carbamate (m-Cumenyl methylcarbamate)'', 
``Phenol, 3-methyl-5-(l-methylethyl)-, methyl carbamate (Promecarb)'', 
``Propanal, 2-methyl-2-(methylsulfonyl)-, O-[(methylamino)carbonyl] 
oxime (Aldicarb sulfone)'', ``Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-
hexahydro-1,3a,8-trimethyl-, methylcarbamate (ester), (3aS-cis)-
(Physostigmine)'', ``Zinc, bis(dimethylcarbamodithioato-S,S')-
(Ziram)'', ``K156'', ``K157'', ``K158'', ``K159'', ``K161'', and 
``K178'', and adding the following new entries in alphabetical order to 
read as follows (applicable footnotes have been republished without 
change):


Sec.  302.4  Designation of hazardous substances.

* * * * *

[[Page 67926]]



                      Table 302.4.--List of Hazardous Substances and Reportable Quantities
                         [Note: All Comments/Notes Are Located at the End of This Table]
----------------------------------------------------------------------------------------------------------------
                                                                           Statutory    RCRA waste    Final RQ
                    Hazardous substance                         CASRN    code[dagger]     number     pounds (Kg)
----------------------------------------------------------------------------------------------------------------
A2213......................................................    30558431            4         U394    5000 (2270)
                                                  * * * * * * *
Aldicarb sulfone...........................................     1646884            4         P203     100 (45.4)
                                                  * * * * * * *
Barban.....................................................      101279            4         U280      10 (4.54)
                                                  * * * * * * *
Bendiocarb.................................................    22781233            4         U278     100 (45.4)
Bendiocarb phenol..........................................    22961826            4         U364     1000 (454)
Benomyl....................................................    17804352            4         U271      10 (4.54)
                                                  * * * * * * *
1,3-Benzodioxol-4-ol, 2,2-dimethyl-........................    22961826            4         U364     1000 (454)
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate......    22781233            4         U278     100 (45.4)
                                                  * * * * * * *
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-..................     1563388            4         U367      10 (4.54)
                                                  * * * * * * *
Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-                  57647            4         P188     100 (45.4)
 1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo[2,3-
 b]indol-5-yl methylcarbamate ester (1:1)..................
                                                  * * * * * * *
Carbamic acid, 1H-benzimidazol-2-yl, methyl ester..........    10605217            4         U372      10 (4.54)
Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol-2-    17804352            4         U271      10 (4.54)
 yl]-,methyl ester.........................................
Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester.      101279            4         U280      10 (4.54)
Carbamic acid, [(dibutylamino)-thio]methyl-,2,3-dihydro-2,2-   55285148            4         P189     1000 (454)
 dimethyl-7-benzofuranyl ester.............................
Carbamic acid, dimethyl-,1-[(dimethyl-amino)carbonyl]-5-         644644            4         P191      1 (0.454)
 methyl-1H- pyrazol-3-yl ester.............................
Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-         119380            4         P192     100 (45.4)
 pyrazol-5-yl ester........................................
                                                  * * * * * * *
Carbamic acid, methyl-, 3-methylphenyl ester...............     1129415            4         P190     1000 (454)
                                                  * * * * * * *
Carbamic acid, [1,2-phenylenebis(iminocarbonothioyl)]bis-,     23564058            4         U409      10 (4.54)
 dimethyl ester............................................
Carbamic acid, phenyl-, 1-methylethyl ester................      122429            4         U373     1000 (454)
                                                  * * * * * * *
Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-    2303175            4         U389     100 (45.4)
 2-propenyl) ester.........................................
Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester......    52888809            4         U387    5000 (2270)
Carbendazim................................................    10605217            4         U372      10 (4.54)
Carbofuran phenol..........................................     1563388            4         U367      10 (4.54)
                                                  * * * * * * *
Carbosulfan................................................    55285148            4         P189     1000 (454)
                                                  * * * * * * *
m-Cumenyl methylcarbamate..................................       64006            4         P202      10 (4.54)
                                                  * * * * * * *
Diethylene glycol, dicarbamate.............................     5952261            4         U395    5000 (2270)
                                                  * * * * * * *
Dimetilan..................................................      644644            4         P191      1 (0.454)
                                                  * * * * * * *
1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-             26419738            4         P185     100 (45.4)
 [(methylamino)-carbonyl]oxime.............................
                                                  * * * * * * *
Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-,     30558431            4         U394    5000 (2270)
 methyl ester..............................................
Ethanimidothioic acid, 2-(dimethylamino)-N-                    23135220            4         P194     100 (45.4)
 [[(methylamino)carbonyl]oxy]-2-oxo-, methyl ester.........
                                                  * * * * * * *
Ethanimidothioic acid, N,N'-                                   59669260            4         U410     100 (45.4)
 [thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester...
                                                  * * * * * * *
Ethanol, 2,2'-oxybis-, dicarbamate.........................     5952261            4         U395    5000 (2270)
                                                  * * * * * * *
Formetanate hydrochloride..................................    23422539            4         P198     100 (45.4)
                                                  * * * * * * *
Formparanate...............................................    17702577            4         P197     100 (45.4)
                                                  * * * * * * *
Isolan.....................................................      119380            4         P192     100 (45.4)
                                                  * * * * * * *
3-Isopropylphenyl N-methylcarbamate........................       64006            4         P202      10 (4.54)
                                                  * * * * * * *
Manganese, bis(dimethylcarbamodithioato-S,S')-.............    15339363            4         P196      10 (4.54)
                                                  * * * * * * *
Manganese dimethyldithiocarbamate..........................    15339363            4         P196      10 (4.54)
                                                  * * * * * * *
Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)-           23422539            4         P198     100 (45.4)
 carbonyl]oxy]phenyl]-, monohydrochloride..................
Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-                  17702577            4         P197     100 (45.4)
 [[(methylamino)carbonyl]oxy]phenyl]-......................

[[Page 67927]]

 
                                                  * * * * * * *
Metolcarb..................................................     1129415            4         P190     1000 (454)
                                                  * * * * * * *
Oxamyl.....................................................    23135220            4         P194     100 (45.4)
                                                  * * * * * * *
Phenol, 3-(1-methylethyl)-, methyl carbamate...............       64006            4         P202      10 (4.54)
Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate......     2631370            4         P201     1000 (454)
                                                  * * * * * * *
Physostigmine..............................................       57476            4         P204     100 (45.4)
Physostigmine salicylate...................................       57647            4         P188     100 (45.4)
                                                  * * * * * * *
Promecarb..................................................     2631370            4         P201     1000 (454)
                                                  * * * * * * *
Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-                     1646884            4         P203     100 (45.4)
 [(methylamino)carbonyl] oxime.............................
                                                  * * * * * * *
Propham....................................................      122429            4         U373     1000 (454)
                                                  * * * * * * *
Prosulfocarb...............................................    52888809            4         U387    5000 (2270)
                                                  * * * * * * *
Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8-         57476            4         P204     100 (45.4)
 trimethyl-, methylcarbamate (ester), (3aS-cis)-...........
                                                  * * * * * * *
Thiodicarb.................................................    59669260            4         U410     100 (45.4)
                                                  * * * * * * *
Thiophanate-methyl.........................................    23564058            4         U409      10 (4.54)
                                                  * * * * * * *
Tirpate....................................................    26419738            4         P185     100 (45.4)
                                                  * * * * * * *
Triallate..................................................     2303175            4         U389     100 (45.4)
                                                  * * * * * * *
Zinc, bis(dimethylcarbamodithioato-S,S')-..................      137304            4         P205      10 (4.54)
                                                  * * * * * * *
Ziram......................................................      137304            4         P205      10 (4.54)
                                                  * * * * * * *
K156.......................................................  ..........            4         K156      10 (4.54)
Organic waste (including heavy ends, still bottoms, light
 ends, spent solvents, filtrates, and decantates) from the
 production of carbamates and carbamoyl oximes. (This
 listing does not apply to wastes generated from the
 manufacture of 3-iodo-2-propynyl n-butylcarbamate.)
K157.......................................................  ..........            4         K157      10 (4.54)
Wastewaters (including scrubber waters, condenser waters,
 washwaters, and separation waters) from the production of
 carbamates and carbamoyl oximes. (This listing does not
 apply to wastes generated from the manufacture of 3-iodo-2-
 propynyl n-butylcarbamate.)
K158.......................................................  ..........            4         K158      10 (4.54)
Bag house dusts and filter/separation solids from the
 production of carbamates and carbamoyl oximes. (This
 listing does not apply to wastes generated from the
 manufacture of 3- iodo-2-propynyl n- butylcarbamate.)
K159.......................................................  ..........            4         K159      10 (4.54)
Organics from the treatment of thiocarbamate wastes.
K161.......................................................  ..........            4         K161      1 (0.454)
Purification solids (including filtration, evaporation, and
 centrifugation solids), bag-house dust and floor sweepings
 from the production of dithiocarbamate acids and their
 salts. (This listing does not include K125 or K126.)
                                                  * * * * * * *
K178.......................................................  ..........            4         K178     1000 (454)
Nonwastewaters from the production of titanium dioxide by
 the chloride-ilmenite process. [This listing does not
 apply to chloride process waste solids from titanium
 tetrachloride production exempt under section
 261.4(b)(7).].
----------------------------------------------------------------------------------------------------------------
[dagger] Indicates the statutory source as defined by 1, 2, 3, and 4 below.
 * * * * *
4- Indicates that the statutory source for designation of this hazardous substance under CERCLA is RCRA section
  3001.
1* Indicates that the 1-pound RQ is a CERCLA statutory RQ.
 * * * * *


[[Page 67928]]

    3. Appendix A to Sec.  302.4 is amended by revising the following 
entries, to read as follows:

   Appendix A to Sec.   302.4--Sequential CAS Registry Number List of
                       CERCLA Hazardous Substances
------------------------------------------------------------------------
  CASRN                         Hazardous substance
------------------------------------------------------------------------
                              * * * * * * *
    57476  Physostigmine.
           Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8-
            trimethyl-, methylcarbamate (ester), (3aS-cis)-.
    57647  Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-
            hexahydro-1,3a,8-trimethylpyrrolo[2,3-b]indol-5-yl
            methylcarbamate ester (1:1).
           Physostigmine salicylate.
                              * * * * * * *
    64006   m-Cumenyl methylcarbamate.
           3-Isopropylphenyl N-methylcarbamate.
           Phenol, 3-(1-methylethyl)-, methyl carbamate.
                              * * * * * * *
   101279  Barban.
           Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester.
                              * * * * * * *
   119380  Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-
            pyrazol-5-yl ester.
           Isolan.
                              * * * * * * *
   122429  Carbamic acid, phenyl-, 1-methylethyl ester.
           Propham.
                              * * * * * * *
   137304  Zinc, bis(dimethylcarbamodithioato-S,S')-.
           Ziram.
                              * * * * * * *
   644644  Carbamic acid, dimethyl-,1-[(dimethyl-amino)carbonyl]-5-
            methyl-1H-pyrazol-3-yl ester.
           Dimetilan.
                              * * * * * * *
  1129415  Carbamic acid, methyl-, 3-methylphenyl ester.
           Metolcarb.
                              * * * * * * *
  1563388  7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-.
           Carbofuran phenol.
                              * * * * * * *
  1646884  Aldicarb sulfone.
           Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-
            [(methylamino)carbonyl] oxime.
                              * * * * * * *
  2303175  Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-
            propenyl) ester.
           Triallate.
                              * * * * * * *
  2631370  Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate.
           Promecarb.
                              * * * * * * *
  5952261  Ethanol, 2,2'-oxybis-, dicarbamate.
           Diethylene glycol, dicarbamate.
                              * * * * * * *
 10605217  Carbamic acid, 1H-benzimidazol-2-yl, methyl ester.
           Carbendazim.
                              * * * * * * *
 15339363  Manganese, bis(dimethylcarbamodithioato-S,S')-.
           Manganese dimethyldithiocarbamate.
                              * * * * * * *
 17702577  Formparanate.
           Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-
            [[(methylamino)carbonyl]oxy]phenyl]-.
 17804352  Benomyl.
           Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol-2-
            yl]-, methyl ester.
                              * * * * * * *
 22781233  Bendiocarb.
           1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate.
 22961826  Bendiocarb phenol.
           1,3-Benzodioxol-4-ol, 2,2-dimethyl-.
 23135220  Ethanimidothioic acid, 2-(dimethylamino)-N-
            [[(methylamino)carbonyl]oxy]-2-oxo-, methyl ester.
           Oxamyl.
 23422539  Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)-
            carbonyl]oxy]phenyl]-, monohydrochloride.
           Formetanate hydrochloride.
 23564058  Carbamic acid, [1,2-phenylenebis(iminocarbonothioyl)]bis-,
            dimethyl ester.
           Thiophanate-methyl.
                              * * * * * * *
 26419738  1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-
            [(methylamino)-carbonyl]oxime.
           Tirpate.

[[Page 67929]]

 
                              * * * * * * *
 30558431  Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-,
            methyl ester.
           A2213.
                              * * * * * * *
 52888809  Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester.
           Prosulfocarb.
                              * * * * * * *
 55285148  Carbamic acid, [(dibutylamino)-thio]methyl-, 2,3-dihydro-2,2-
            dimethyl-7-benzofuranyl ester.
           Carbosulfan.
                              * * * * * * *
 59669260  Ethanimidothioic acid, N,N'-
            [thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester.
           Thiodicarb.
                              * * * * * * *
------------------------------------------------------------------------

PART 355--EMERGENCY PLANNING AND NOTIFICATION

    1. The authority citation for part 355 continues to read as 
follows:

    Authority: 42 U.S.C. 11002, 11004, and 11048.

    2. Appendices A and B in part 355 are amended by revising the 
following entries, to read as follows (footnotes ``*'' and ``h'' have 
been republished without change):

   Appendix A to Part 355--The List of Extremely Hazardous Substances and Their Threshold Planning Quantities
                                              [Alphabetical Order]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Threshold
                                                                                     Reportable      planning
               CAS No.                        Chemical name              Notes        quantity*      quantity
                                                                                      (pounds)       (pounds)
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
26419-73-8..........................  Carbamic Acid, Methyl-, O-    ..............           100      100/10,000
                                       (((2,4-Dimethyl-1, 3-
                                       Dithiolan-2-
                                       yl)Methylene)Amino)-.
                                                  * * * * * * *
644-64-4............................  Dimetilan...................  ..............             1      500/10,000
                                                  * * * * * * *
23422-53-9..........................  Formetanate Hydrochloride...  (\h\).........           100      500/10,000
                                                  * * * * * * *
17702-57-7..........................  Formparanate................  ..............           100      100/10,000
                                                  * * * * * * *
119-38-0............................  Isopropylmethyl-pyrazolyl     ..............           100             500
                                       Dimethylcarbamate.
                                                  * * * * * * *
1129-41-5...........................  Metolcarb...................  ..............         1,000      100/10,000
                                                  * * * * * * *
23135-22-0..........................  Oxamyl......................  ..............           100      100/10,000
                                                  * * * * * * *
64-00-6.............................  Phenol, 3-(1-Methylethyl)-,   ..............            10      500/10,000
                                       Methylcarbamate.
                                                  * * * * * * *
57-47-6.............................  Physostigmine...............  ..............           100      100/10,000
57-64-7.............................  Physostigmine, Salicylate     ..............           100      100/10,000
                                       (1:1).
                                                  * * * * * * *
2631-37-0...........................  Promecarb...................  (\h\).........         1,000      500/10,000
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\*\ Only the statutory or final RQ is shown. For more information, see 40 CFR Table 302.4.
Notes:
* * * * * * *
\h\ Revised TPQ based on new or re-evaluated toxicity data.
* * * * * * *


[[Page 67930]]


   Appendix B To Part 355--The List of Extremely Hazardous Substances and Their Threshold Planning Quantities
                                               [CAS Number Order]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Threshold
                                                                                     Reportable      planning
   CAS No.                          Chemical name                          Notes      quantity*      quantity
                                                                                      (pounds)     (pounds) ** *
                                                                                                      * * * *
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
     57-47-6  Physostigmine............................................  .........           100      100/10,000
                                                  * * * * * * *
     57-64-7  Physostigmine, Salicylate (1:1)..........................  .........           100      100/10,000
                                                  * * * * * * *
     64-00-6  Phenol, 3-(1-Methylethyl)-, Methylcarbamate..............  .........            10      500/10,000
                                                  * * * * * * *
    119-38-0  Isopropylmethyl-pyrazolyl Dimethylcarbamate..............  .........           100             500
                                                  * * * * * * *
    644-64-4  Dimetilan................................................  .........             1      500/10,000
                                                  * * * * * * *
   1129-41-5  Metolcarb................................................  .........         1,000      100/10,000
                                                  * * * * * * *
   2631-37-0  Promecarb................................................      (\h\)         1,000      500/10,000
                                                  * * * * * * *
  17702-57-7  Formparanate.............................................  .........           100      100/10,000
                                                  * * * * * * *
  23135-22-0  Oxamyl...................................................  .........           100      100/10,000
  23422-53-9  Formetanate Hydrochloride................................      (\h\)           100      500/10,000
                                                  * * * * * * *
  26419-73-8  Carbamic Acid, Methyl-, O-(((2,4-Dimethyl-1, 3- Dithiolan- .........           100      100/10,000
               2- yl)Methylene)Amino)-.................................
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
*Only the statutory or final RQ is shown. For more information, see 40 CFR Table 302.4.
* * * * * * *
\h\ Revised TPQ based on new or re-evaluated toxicity data.
* * * * * * *

[FR Doc. 03-30166 Filed 12-3-03; 8:45 am]
BILLING CODE 6560-50-P