[Federal Register Volume 63, Number 172 (Friday, September 4, 1998)]
[Rules and Regulations]
[Pages 47410-47418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23507]
[[Page 47409]]
_______________________________________________________________________
Part IV
Environmental Protection Agency
_______________________________________________________________________
40 CFR Parts 268 and 271
Emergency Revision of the Land Disposal Restrictions (LDR) Treatment
Standards for Listed Hazardous Wastes From Carbamate Production; Final
Rule
Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /
Rules and Regulations
[[Page 47410]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 268 and 271
[EPA #F-96-P32F-FFFFF; FRL-6154-5]
RIN 2050-ZA00
Emergency Revision of the Land Disposal Restrictions (LDR)
Treatment Standards for Listed Hazardous Wastes from Carbamate
Production
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: Today's final rule revises the waste treatment standards
applicable to 40 waste constituents associated with the production of
carbamate wastes. The rule sets final alternative treatment standards
for seven specific carbamate waste constituents for which there are no
available analytical standards. This action, effective immediately,
extends indefinitely the alternative treatment standards for the seven
hazardous waste constituents and deletes the treatment standard for one
additional constituent for which available analytical methods have not
been shown to achieve reliable measurements. This rule also deletes
these eight waste constituents as underlying hazardous constituents. In
addition, because the temporary alternative standards for 40 carbamate
waste constituents expire automatically on August 26, 1998, today's
rule also amends the Code of Federal Regulations to clarify that
numerical treatment standards for these 32 carbamate waste constituents
will once again be effective.
Today's rule is necessary to allow generators the ability to
identify all underlying hazardous constituents reasonably expected to
be present in their wastes at the point of generation, and to allow
waste treaters to certify that wastes have been treated in compliance
with applicable land disposal restrictions. Faced with the inability to
demonstrate waste and treatment residual content through analytical
testing, these facilities face potential curtailment of operations.
Given the need for the regulated community to adjust its testing
and compliance programs for the 32 constituents for which numerical
treatment standards are being reinstated, the Agency is extending the
current set of alternative treatment standards for these 32
constituents (and concomitantly delaying the effectiveness of the
corresponding portion of today's final rule) for six months from the
date of publication.
EFFECTIVE DATE: This rule is effective on August 26, 1998. Compliance
dates:
--Treatment standards for the wastes specified in 40 CFR 261.33 as
P185, P191, P192, P197, U364, U394, and U395: August 26, 1998;
--The existing alternative standards of 40 CFR 268.40 (g) continue to
apply until March 4, 1999; and
--The numerical standards specified in 40 CFR 268.40 for the wastes
specified in 40 CFR 261.32 as K156-K159, and K161, and in 40 CFR 261.33
as P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-
U280, U364, U367, U372, U373, U387, U389, U394-U395, U404, and U409-
U411 and the numerical standards associated with the waste constituents
in 40 CFR 268.48: March 4, 1999.
ADDRESSES: Supporting materials are available for viewing in the RCRA
Information Center (RIC), located at Crystal Gateway One, 1235
Jefferson Davis Highway, First Floor, Arlington, VA. The Docket
Identification Number is F-96-P32F-FFFFF. The RIC is open from 9 a.m.
to 4 p.m., Monday through Friday, except for Federal holidays. The
public must make an appointment to review docket materials by calling
(703) 603-9230. The public may copy a maximum of 100 pages from any
regulatory document at no cost. Additional copies cost $0.15 per page.
FOR FURTHER INFORMATION CONTACT: For general information contact the
RCRA Hotline at 800-424-9346 (toll-free) or 703-412-9810 locally. For
specific information about this rule, contact Rhonda Minnick, phone
703-308-8771 or John Austin, phone 703-308-0436.
SUPPLEMENTARY INFORMATION: Availability of Rule on the Internet: Please
follow these instructions to access the rule:
From the World Wide Web (WWW), type http://www.epa.gov/fedrgstr.
For the text of the notice, choose: Year/Month/Day.
I. Background
The Phase III final rule established treatment standards for 64
listed hazardous wastes associated with carbamate waste production (61
FR 15583, April 8, 1996). The treatment standards were expressed as
concentration limits that had to be met before land disposal could
occur. All constituents were placed on the Universal Treatment Standard
(UTS) list, found at 40 CFR 268.48. These regulations were corrected
June 28, 1996 (61 FR 33683) in ways that are not germane to the subject
of this rule. The prohibition on land disposal of carbamate wastes and
the requirement to meet the treatment limits were effective July 8,
1996.
On November 1, 1996, the United States Court of Appeals for the
District of Columbia Circuit, in Dithiocarbamate Task Force v. EPA (98
F.3d 1394), vacated certain of the listings of carbamate wastes.
Accordingly, EPA removed from the Code of Federal Regulations those
listings vacated by the court and all references to those listings. A
substantial portion of carbamate listing rule was unaffected by the
court's opinion 1 and remained in effect. See 62 FR 32973,
June 17, 1997.
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\1\ The court vacated the listings of 24 U wastes, one K-waste
(K160), and three of the K-wastes (K156, K157 and K158) only to the
extent that they apply to the chemical, 3-iodo-2-propynyl n-
butylcarbamate (IPBC). Twenty-three of the vacated U wastes
consisted of all the dithiocarbamates and thiocarbamates. The other
vacated U waste was IPBC, a carbamate. Carbamates that were
regulated as UHCs were unaffected by the court's decision, because
the decision did not deal with carbamate or carbamate constituents
as underlying hazardous constituents.
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Today's final rule applies only to 40 of the waste constituents
that are the components of the carbamate wastes that remain listed as
hazardous wastes.
After promulgation of the Phase III rule on April 8, 1996, but
shortly before the treatment standards took effect on July 8, 1996,
several companies in the waste management industry contacted EPA,
reporting that laboratory standards were not available for some of the
carbamate waste constituents. The Agency confirmed this assertion, and
realized that the waste management industry was unintentionally left in
an unacceptable compliance situation: they were required to certify
compliance with the carbamate waste treatment standards, but commercial
laboratories were able to perform the necessary analyses only for some
of the newly regulated constituents. Thus, it was impossible to
document whether the treatment standards were or were not achieved for
those 40 constituents that could not be analyzed.
The problem was complicated by the LDR rules that pertain to
meeting treatment limits for underlying hazardous constituents (UHCs)
in characteristic (or formerly characteristic) hazardous wastes.
Whenever a generator sends a characteristic (or formerly
characteristic) waste to a treatment facility, they must identify for
treatment not only the hazardous characteristic, but also all UHCs
reasonably expected to be present in the waste at the point of
generation. (See 40 CFR 268.2(I).) Because new carbamate constituents
were added to the UTS list by the Phase
[[Page 47411]]
III rule, they became potential UHCs. Because of the lack of laboratory
standards for some of the carbamate constituents, generators could not
in all cases identify all of the UHCs reasonably expected to be present
in their wastes, nor could treatment facilities or regulatory agencies
monitor compliance with the standards for the carbamate UHCs. Thus, it
would have been impossible to document that the treatment standards
were or were not achieved for those 40 carbamate constituents that
appear in the list of UHCs in 40 CFR 268.48.
In an emergency final rule promulgated on August 26, 1996 (61 FR
43924), EPA established temporary alternative treatment standards for
40 carbamate waste constituents for a one-year period. EPA believed
that one year was sufficient time for laboratory standards to be
developed and for laboratories to take appropriate steps to do the
necessary analyses for these wastes. The temporary alternative
standards promulgated in the August 26, 1996, rule provided waste
handlers a choice of meeting the original Phase III numerical
concentration limits or of using a specified treatment technology (the
technology upon whose performance the numerical treatment standard was
based) (See 61 FR 43925). Combustion was the specified technology for
nonwastewaters; combustion, biodegradation, chemical oxidation, or
carbon adsorption were the specified technologies for wastewaters. If
the wastes are treated by a specified technology, the LDR rules do not
require a generator or treater to measure compliance with treatment
levels, thus avoiding the analytical problems for the 40 carbamate
waste constituents at issue.
However, the problem was not resolved in one year and, on August
21, 1997, EPA promulgated a second emergency rule, which extended the
alternative treatment standards by one additional year until August 26,
1998 (62 FR 45568, August 28, 1998). Today's rule makes a final
disposition for all 40 of the carbamate waste constituents at issue.
II. Today's Carbamate Treatment Standards
This final rule: (1) Establishes revised treatment standards for
seven problem carbamate waste constituents; (2) removes the treatment
standard for one additional waste constituent; (3) reinstates numerical
treatment standards for 32 other carbamate waste constituents; and (4)
provides six months for the regulated community to arrange for testing
and analysis of the 32 carbamate constituents for which numerical
standards are being reinstated.
Treatment Standards for 8 Problem Waste Constituents
Since 1996, EPA and Waste Management Inc. have conducted studies to
determine for which of the 40 carbamate constituents at issue there are
neither analytical standards nor reliable analytical test methods.
These studies have shown that seven constituents lack analytical
reference standards. These constituents are A2213, Bendiocarb phenol,
Diethylene glycol dicarbamate, Dimetilan, Formparanate, Isolan, and
Tirpate. Therefore, EPA is promulgating alternative treatment standards
for these seven constituents, and is reinstating the numerical
standards for the remainder of the carbamate wastes as per the Phase
III Rule. Further, these studies have shown that o-phenylenediamine was
not able to be analyzed reliably by available analytical methods. For
o-phenylenediamine, the constituent is being deleted as a 40 CFR 268.40
constituent of concern in K157. The Agency believes that regulation of
the other carbamate waste constituents of concern should also provide
adequate treatment of this constituent.
The Agency is also deleting the eight carbamate waste constituents
listed below in Table 1 from the 40 CFR 268.48 Universal Treatment
Standards (UTS) table. By removing these constituents from the UTS
list, the need to identify and treat them is eliminated for the listed
carbamate wastes. Furthermore, this removal from the UTS list
eliminates the requirement to monitor compliance and to meet UTS levels
when any of the eight constituents are present as UHCs in
characteristic hazardous wastes.
Table 1.--Problem Analytes
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Compound CAS No. Reason deleted
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U394.................................. A2213........................ 30558-43-1 No Standard.
U364.................................. Bendiocarb phenol............ 22961-82-6 No Standard.
U395.................................. Diethylene glycol, 5952-26-1 No Standard.
dicarbamate.
P191.................................. Dimetilan.................... 644-64-4 No Standard.
P197.................................. Formparanate................. 17702-57-7 No Standard.
P192.................................. Isolan....................... 119-38-0 No Standard.
P185.................................. Tirpate...................... 26419-73-8 No Standard.
o-Phenylenediamine........... 95-54-5 Poor method performance.
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The Phase III rule required that all carbamate wastes must meet
specific numerical UTS limits prior to land disposal. The standards
being promulgated today for the eight problem constituents are
expressed both as numerical limits as well as specified technologies.
These are alternative standards, and provide waste handlers with a
choice of whether to satisfy LDR treatment standards either by meeting
the Phase III numerical limits, or by using a specified treatment
technology for these constituents. EPA is choosing to express the LDR
treatment standards as alternative standards because this allows for
maximum flexibility for generators and treaters as future circumstances
develop (e.g., where analytical standards for one or more of the
problem constituents might be developed and numerical treatment
standards could therefore be shown to be achieved).
In terms of the specified technologies, these are the same as were
contained in the Agency's two emergency rules in 1996 and 1997.
Combustion is the specified technology for nonwastewaters. Combustion,
biodegradation, chemical oxidation, or carbon adsorption are the
specified technologies for wastewaters. These technologies are defined
at 40 CFR 268.42, Table 1 (see technology codes: BIODG, CARBN, CHOXD,
and CMBST). If the wastes are treated by a specified technology, there
is no requirement to measure compliance with treatment levels (thus the
analytical problems are
[[Page 47412]]
avoided). Because the performance of these Best Demonstrated Available
Technologies (BDATs) was the basis of the originally promulgated
treatment levels, EPA believes that allowing the use of these BDATs--
without a requirement to monitor the treatment residues--fully
satisfies the core requirement of the LDR program: unless treatment
levels are already met, hazardous wastes must be effectively treated to
minimize threats to human health and the environment before they are
land disposed.
EPA considered completely replacing the numerical LDR treatment
standards for the other 32 carbamate constituents with specified
treatment methods, rather than providing the alternative approach being
promulgated in this rule for only the eight problem analytes. This
would have departed from the long-standing architecture of the LDR
treatment standards, which are always expressed as numerical
performance standards unless special circumstances exist (such as the
lack of analytical standards or methods). Our traditional approach of
using numerical performance standards, rather than dictating a specific
technology, has the advantage of maximizing the flexibility of
generators and treaters to meet the LDR standards by whatever
technology they might choose. It also addresses an Agency concern that
it may be necessary to provide more comprehensive design and operating
parameters to assure continuous effective treatment of wastes by a
specified technology. In order to assure the effectiveness of
treatment, we determined to follow our traditional numerical approach
for all the carbamate constituents (excepting of course the seven
analytes lacking standards and the one with poor method performance)
and to continue to provide industry with the option of selecting an
appropriate treatment technology based on site-specific and company-
specific factors. However, EPA has received a number of suggestions
that establishing comprehensive design and operating parameters for
specific technologies is a useful alternative and technically feasible.
EPA is considering the possibility of pursuing such a project for many
LDR-regulated wastes, including carbamates.
Although we have some reservations about departing from our
established approach for the problem analytes, we believe that the
specific circumstances of this rule justify deferring solely to the
requirement of a specified technology without first evaluating the need
for design and operating parameters for the technology. If EPA
determines in the future that such parameters are needed, it will
modify the treatment standard.
The Agency understands that, since 1996, generators and treaters
have been using specified technologies to meet the LDR treatment
standards for all 40 waste constituents that were the subject of both
emergency rules. Today's rule will necessitate a change in approach for
32 of those 40 waste constituents, which will involve procuring the
necessary sampling and analytical services so that compliance can be
assured. To allow the regulated community adequate time to make
arrangements to procure the necessary analytical capabilities, the
Agency will extend the current emergency standards until six months
after the publication of this final rule in the Federal Register. After
that time, the alternative treatment standards will apply only to the
eight problem carbamate constituents from wastes specified in 40 CFR
261.33 as EPA Hazardous Waste numbers P185, P191, P192, P197, U364,
U394, and U395; and soil contaminated with these wastes.
Method Studies
For the analysis of the 32 carbamate waste constituents for which
numerical standards are being reinstated by today's rule, six
determinative methods have been evaluated. They are listed below.
Except where noted, all of the methods are from the Third Edition of
SW-846 Test Methods for Evaluating Solid Wastes Physical/Chemical
Methods.
Method 630 (EPA Office of Water) Total Dithiocarbamates
Method 8260 Volatile Organic Compounds by Gas
Chromatography/Mass Spectrometry (GC/MS)
Method 8141 Organophosphorus Compounds by Gas
Chromatography
Method 8270 Semivolatile Organic Compounds by Gas
Chromatography/Mass Spectrometry (GC/MS)
Method 8318 N-Methylcarbamates by High Performance Liquid
Chromatography (HPLC)
Method 8321 Solvent Extractable Non-Volatile Compounds by
High Performance Liquid Chromatography (HPLC)/Thermospray/ Mass
Spectrometry (HPLC/TSP/MS) or Ultraviolet (UV) Detection.
Method 630 determines total dithiocarbamates after conversion of
the dithiocarbamates to carbon disulfide and measurement of the carbon
disulfide. The method does not distinguish individual dithiocarbamate
compounds and was not further evaluated in the recent studies.
The only analyte evaluated by method 8260 was triethylamine.
Analysis by purge and trap failed to have adequate sensitivity to
detect triethylamine at the levels of the treatment standards. Analysis
by direct injection to a flame ionization detector found that levels as
low 0.001 mg/L or less could be measured.
Method studies centered on the remaining carbamate waste
constituents and their amenability to analysis by Methods 8141, 8270,
8318, and 8321. Because of thermal lability, carbamates and carbamoyl
oximes are generally not amenable to analysis by gas chromatography
except where quantitative decomposition occurs. However, thiocarbamates
as a class are amenable to analysis by gas chromatographic Methods 8141
using the nitrogen/phosphorous detector and 8270 GC/MS. Method 8318 was
shown to be limited to only the analysis of n-methylcarbamates. Other
than dithiocarbamates and triethlyamine, all other carbamate waste
constituents were found to be amenable to analysis via High Performance
Liquid Chromatography (HPLC)/Thermospray/Mass Spectrometry (HPLC/TSP/
MS) or Ultraviolet (UV) detection using method 8321. For more detailed
method performance results, the reader is directed to the study
reports, ``Carbamate Analysis Feasibility Study,'' Waste Management,
1998 and ``Carbamate Method Evaluation Report,'' SAIC, 1998, available
in the docket for today's rule. To aid laboratories conducting analysis
of these constituents, Table 2 presents a summary of the analytes
amenable to methods 8141, 8270, 8318, and 8321. The Agency plans in
future revisions of the SW-846 methods to incorporate the additional
analytes for which methods 8141, 8270, 8318, and 8321 have been
demonstrated to be amenable. Furthermore, any analytical methods
capable of demonstrating compliance with the new standards can be used
in addition to the ones noted above which are part of SW-846.
[[Page 47413]]
Table 2.--Summary of Applicable Methods
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8321
Compound 8141 8270 8318 Thermospray 8321 254nm 8321 280nm
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Butylate.................... Y Y ............ Y ............ ............
EPTC........................ Y Y ............ Y ............ ............
Molinate.................... Y Y ............ Y ............ ............
Pebulate.................... Y Y ............ Y ............ ............
Propham..................... Y Y ............ Y Y Y
Prosulfocarb................ Y Y ............ Y Y ............
Triallate................... Y Y ............ Y Y ............
Vernolate................... Y Y ............ Y ............ ............
Carbofuran phenol........... ............ Y, a ............ ............ Y Y
Aldicarb.................... ............ ............ L L ............ ............
Aldicarb sulfone............ ............ ............ Y, L Y ............ ............
Bendiocarb.................. ............ ............ Y Y, L ............ Y
Carbaryl.................... ............ ............ Y, L Y, L Y Y
Carbofuran.................. ............ a Y, L Y, L ............ Y
Carbosulfan................. ............ a C Y Y Y
m-Cumenyl methyl carbamate.. ............ ............ Y Y Y ............
Formetanate hydrochloride... ............ ............ Y Y Y Y
Methiocarb.................. ............ ............ Y, L Y Y Y
Methomyl.................... ............ ............ Y, L Y, L ............ ............
Metolcarb................... ............ ............ Y Y ............ ............
Mexacarbate................. ............ ............ Y Y Y Y
Oxamyl...................... ............ ............ Y, L Y, L Y ............
Promecarb................... ............ ............ Y, L Y Y ............
Propoxur.................... ............ ............ Y, L Y ............ Y
Thiodicarb.................. ............ ............ Y Y Y ............
Barbam...................... ............ ............ ............ Y Y Y
Benomyl..................... ............ ............ ............ Y Y Y
Carbendazim................. ............ ............ ............ Y, L Y Y
Physostigmine............... ............ ............ ............ Y Y Y
Physostigmine salicylate.... ............ ............ ............ Y ............ Y
Thiophanate-methyl.......... ............ ............ ............ Y Y Y
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a--Compounds carbofuran phenol, carbofuran, & carbosulfan can not be distinguished.
Y--Compound amenable to analysis.
L--Compound listed as a method analyte.
III. Good Cause for Immediate Final Rule
This final rule is being issued without notice and opportunity for
public comment. Under the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), an agency may forego notice and comment in promulgating a
rule when the agency for good cause finds (and incorporates the finding
and a brief statement of the reasons for that finding into the rule)
that notice and public comments procedures are impracticable,
unnecessary, or contrary to the public interest. For the reasons set
forth below, EPA finds good cause to conclude that notice and comment
would be unnecessary and contrary to the public interest, and therefore
is not required by the APA.
First, the Agency has discovered an unanticipated and continued
unavailability of analytical laboratory standards or adequate
analytical method for eight of the carbamate waste constituents covered
by the Phase III rule. As a practical matter, therefore, members of the
regulated community cannot fully document compliance with the
requirements of the treatment standard. For the same reason, EPA cannot
ascertain compliance for these constituents. The same problem exists
for certifying compliance and ascertaining compliance when these
carbamate constitutents are underlying hazardous constiutents in
characteristic (and formerly characteristic) prohibited wastes.
In addition, this unavailability of analytical standards has a
significant potential to create a serious disruption in the production
of at least some carbamate pesticides. Although the treatment of the
restricted carbamate wastes through biodegradation, carbon adsorption,
chemical oxidation (for wastewaters), or combustion is both possible
and highly effective, certification that the treatment actually meets
the treatment standard levels may not be possible in many instances
given the lack of analytical standards for eight waste constituents of
concern. Without the certification, disposal of the residuals left
after treatment cannot legally occur. The Agency believes that this
situation may impede production of certain pesticides, since legal
disposal of some carbamate wastes would no longer be available. See
Steel Manufacturers Ass'n v. EPA, 27 F.3d 642, 646-47 (D.C. Cir. 1994)
(absence of a treatment standard providing a legal means of disposing
of wastes from a process is equivalent to shutting down that process).
Today's rule removes an administrative hurdle that would impede
sound management of these carbamate hazardous wastes. By altering the
treatment standard to allow certification of compliance based on the
use of specified treatment technologies without constituent-specific
testing for the eight problem analytes, the Agency can ensure that
effective treatment actually occurs without delay and can also assure
that threats to human health and the environment are minimized.
Consequently, EPA today is preserving the core of the promulgated
Phase III rule by ensuring that the restricted carbamate wastes are
treated by a BDAT before they are land disposed. At the same time, EPA
is eliminating the situation which could halt production of certain
carbamate pesticides. The Agency concludes that this action must be
taken immediately and that notice and comment would be contrary to the
public interest in these
[[Page 47414]]
special circumstances. In addition, notice and comment are unnecessary
because this emergency rule makes only conforming changes (for the 32
carbamate constituents that retain numerical standards) to the CFR
needed to reflect expiration of the 1997 second emergency rule. For the
seven carbamate constituents for which EPA is making permanent the
technology standards, and the one constituent being deleted, EPA has
had direct contact with the affected parties, and no objections were
raised to these actions. For these reasons, EPA believes that there is
good cause to issue this final rule immediately without prior notice
and opportunity for comment.
IV. Good Cause Finding for Immediate Effective Date for Eight
Carbamate Constituents and 6-Month Effective Date for the Remaining
32 Carbamate Constituents
For the eight problem analytes for which alternative treatment
standards are being promulgated today, the Agency believes that the
regulated community is in the untenable position of having to comply
with treatment standards for which there is not an analytical way to
measure compliance. Therefore, it is imperative that relief be
immediately provided from the otherwise applicable treatment standards
that would come into effect automatically on August 26, 1998, when the
second emergency rule would expire by its own terms. In addition,
today's rule does not create additional regulatory requirements;
rather, it provides greater flexibility for compliance with treatment
standards. For these reasons, EPA finds that good cause exists under
section 3010(b)(3) of RCRA, 42 U.S.C. 6903(b)(3), to provide for an
immediate effective date for the alternative standards being
promulgated for the eight problem carbamate constituents. See generally
61 FR at 15662. For the same reasons, EPA finds that there is good
cause under 5 U.S.C. 553(b)(3) to waive the requirement that
regulations be published at least 30 days before they become effective.
For the other 32 waste constituents covered by the two emergency
rules and for which the temporary alternative treatment standards
expire on August 26, 1998, the Agency recognizes that today's rule will
necessitate a change in approach for these 32 waste constituents.
Compliance for these 32 waste constituents, as of August 27, 1998,
would be based on numerical concentration limits for which sampling and
analytical services will be necessary. As noted earlier, to allow the
regulated community an adequate and reasonable time to make
arrangements to procure the necessary analytical capabilities, the
Agency will extend the current emergency standards until six months
after the publication of this final rule in the Federal Register. After
that time, the alternative treatment standards will apply only to the
eight problem carbamate constituents, and the other 32 carbamate
constituents will be subject to the numerical standards set forth in 40
CFR 268.40 and 268.48.
V. State Authority
A. Applicability of Rule in Authorized States
Under section 3006 of RCRA, EPA may authorize qualified States to
administer and enforce the RCRA program within the State. Following
authorization, EPA retains enforcement authority under sections 3008,
3013, and 7003 of RCRA, although authorized States have primary
enforcement responsibility. The standards and requirements for
authorization are found in 40 CFR Part 271.
Prior to HSWA, a State with final authorization administered its
hazardous waste program in lieu of EPA administering the Federal
program in that State. The Federal requirements no longer applied in
the authorized State, and EPA could not issue permits for any
facilities that the State was authorized to permit. When new, more
stringent Federal requirements were promulgated or enacted, the State
was obligated to enact equivalent authority within specified time
frames. New Federal requirements did not take effect in an authorized
State until the State adopted the requirements as State law.
In contrast, under RCRA section 3006(g) (42 U.S.C. 6926(g)), new
requirements and prohibitions imposed by HSWA take effect in authorized
States at the same time that they take effect in unauthorized States.
EPA is directed to carry out these requirements and prohibitions in
authorized States, including the issuance of permits, until the State
is granted authorization to do so.
Today's rule is being promulgated pursuant to section 3004(m) of
RCRA (42 U.S.C. 6924(m)). Therefore, the Agency is adding today's rule
to Table 1 in 40 CFR 271.1(j), which identifies the Federal program
requirements that are promulgated pursuant to HSWA. This rule is
therefore effective in all states immediately pursuant to RCRA section
3006(g). States may apply for final authorization for the HSWA
provisions in Table 1, as discussed in the following section of this
preamble.
B. Effect on State Authorization
As noted above, EPA will implement today's rule in authorized
States until they modify their programs to adopt these rules and the
modification is approved by EPA. Because today's rule is promulgated
pursuant to HSWA, a State submitting a program modification may apply
to receive interim or final authorization under RCRA section 3006(g)(2)
or 3006(b), respectively, on the basis of requirements that are
substantially equivalent or equivalent to EPA's. The procedures and
schedule for State program modifications for final authorization are
described in 40 CFR 271.21. All HSWA interim authorizations will expire
January 1, 2003. (See Sec. 271.24 and 57 FR 60132, December 18, 1992.)
VI. Regulatory Requirements
Analysis Under Executive Order 12866, Executive Order 12875, the
Regulatory Flexibility Act, the Unfunded Mandates Reform Act, the
Paperwork Reduction Act, National Technology Transfer and Advancement
Act of 1995, Executive Order 13045, and Executive Order 13084:
Consultation and Coordination With Indian Tribal Governments
Today's rule reinstates the regulatory text that existed prior to
the August 26, 1996, emergency final rule (61 FR 43924), and extends
indefinitely the alternative standards applicable to the seven
constituents identified as lacking analytical standards. Today's action
has been deemed by the Agency as being a ``significant regulatory
action'' for the purposes of Executive Order 12866, and has been
reviewed by the Office of Management and Budget. This is not an
economically significant regulatory action. Today's rule does not,
however, impose obligations on State, local or tribal governments for
the purposes of Executive Order 12875. In addition, this action does
not impose annual costs of $100 million or more, will not significantly
or uniquely affect small governments, and is not a significant federal
intergovernmental mandate. The Agency thus has no obligations under
sections 202, 203, 204 and 205 of the Unfunded Mandates Reform Act.
Furthermore, this action is not subject to the Regulatory Flexibility
Act since this rule is exempt from notice and comment rulemaking
requirements for good cause which is explained in Section IV. The
Administrator is, therefore, not required to certify under the RFA.
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Pub L. No. 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus
[[Page 47415]]
standards in its regulatory activities unless to do so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. The NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable voluntary consensus standards. This rulemaking involves
environmental monitoring or measurement. Consistent with the Agency's
Performance Based Measurement System (PBMS), EPA has decided not to
require the use of specific, prescribed analytic methods. Rather, the
rule will allow the use of any method that meets the prescribed
performance criteria. The PBMS approach is intended to be more flexible
and cost-effective for the regulated community; it is also intended to
encourage innovation in analytical technology and improved data
quality. EPA is not precluding the use of any method, whether it
constitutes a voluntary consensus standard or not, as long as it meets
the performance criteria specified.
Today's rule is not subject to E.O. 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because this action is not an economically
significant rule, and it does not involve decisions on environmental
health risks or safety risks that may disproportionately affect
children. Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.,
EPA must consider the paperwork burden imposed by any information
collection request in a proposed or final rule. This rule will not
impose any new information collection requirements.
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.'' Today's rule does not
significantly or uniquely affect the communities of Indian tribal
governments. This rule revises waste treatment standards applicable to
40 waste constituents associated with the production of carbamate
wastes. Accordingly, the requirements of section 3(b) of Executive
Order 13084 do not apply to this rule.
Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. Sec. 801 et seq., as added
by the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 allows the issuing agency to
make a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA has made such a good cause finding, including
the reasons therefor. EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2).
VII. Immediate Effective Date
The final alternative treatment standards for the seven carbamate
waste constituents are effective upon publication of this final rule.
Also effective upon publication is the deletion of the one constituent
for which the method performance is poor. Because the regulated
community does not need 6 months to come into compliance with these
portions of the rule, EPA finds, pursuant to RCRA section 3010(b)(1),
that these actions can be made effective in less than six months.
The reinstatement of treatment standards for the 32 carbamate waste
constituents are effective 6 months after publication of this final
rule. Also, EPA finds that good cause exists under 5 U.S.C. 553(d)(3)
to waive the requirement that regulations be published at least 30 days
before they become effective, for the reasons discussed earlier in
section IV of this preamble.
List of Subjects
40 CFR Part 268
Environmental protection, Hazardous waste, Reporting and
recordkeeping requirements.
40 CFR Part 271
Administrative practice and procedure, Hazardous materials
transportation, Hazardous waste, Penalties, Reporting and recordkeeping
requirements.
Dated: August 26, 1998.
Carol M. Browner,
Administrator.
For the reasons set forth in the preamble, title 40, chapter I of
the Code of Federal Regulations is amended as follows:
PART 268--LAND DISPOSAL RESTRICTIONS
1. The authority citation for part 268 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.
Subpart D--Treatment Standards
2. Section 268.40 is amended in paragraph (g) by revising ``August
26, 1997 and August 26, 1998'' to read ``August 26, 1996 and March 4,
1999''; by adding paragraph (i); by revising in the table ``Treatment
Standards for Hazardous Wastes'' the entries for K156-K159, K161, P127,
P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280,
U364, U367, U372, U373, U387, U389, U394-U395, U404, and U409-U411; and
by revising footnote 10 to read as follows:
Sec. 268.40 Applicability of treatment standards.
* * * * *
* * *
(i) Effective September 4, 1998, the treatment standards for the
wastes specified in 40 CFR 261.33 as EPA Hazardous Waste numbers P185,
P191, P192, P197, U364, U394, and U395 may be satisfied by either
meeting the constituent concentrations presented in the table
``Treatment Standards for Hazardous Wastes'' in this section, or by
treating the waste by the following technologies: combustion, as
defined by the technology code CMBST at Sec. 268.42 Table 1 of this
Part, for nonwastewaters; and, biodegradation as defined by the
[[Page 47416]]
technology code BIODG, carbon adsorption as defined by the technology
code CARBN, chemical oxidation as defined by the technology code CHOXD,
or combustion as defined as technology code CMBST at Sec. 268.42 Table
1 of this Part, for wastewaters.
* * * * *
Treatment Standards for Hazardous Wastes
----------------------------------------------------------------------------------------------------------------
Regulated hazardous constituent Nonwastewaters
Waste description --------------------------------------- Wastewaters Concentration in
and treatment/ Concentration in mg/kg\5\ unless
Waste code regulatory/ mg/L;\3\ or noted as ``mg/L
subcategory \1\ Common name CAS \2\ No. technology TCLP'' or
code\4\ technology code
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
K156.......... Organic waste Acetonitrile...... 75-05-8 5.6 1.8
(including heavy Acetophenone...... 96-86-2 0.010 9.7
ends, still Aniline........... 62-53-3 0.81 14
bottoms, light Benomyl........... 17804-35-2 0.056 1.4
ends, spent Benzene........... 71-43-2 0.14 10
solvents, Carbaryl.......... 63-25-2 0.006 0.14
filtrates, and Carbenzadim....... 10605-21-7 0.056 1.4
decantates) from Carbofuran........ 1563-66-2 0.006 0.14
the production of Carbosulfan....... 55285-14-8 0.028 1.4
carbamates and Chlorobenzene..... 108-90-7 0.057 6.0
carbamoyl oximes. Chloroform........ 67-66-3 0.046 6.0
o-Dichlorobenzene. 95-50-1 0.088 6.0
Methomyl.......... 16752-77-5 0.028 0.14
Methylene chloride 75-09-2 0.089 30
Methyl ethyl 78-93-3 0.28 36
ketone. 91-20-3 0.059 5.6
Naphthalene....... 108-95-2 0.039 6.2
Phenol............ 110-86-1 0.014 16
Pyridine.......... 108-88-3 0.080 10
Toluene........... 121-44-8 0.081 1.5
Triethylamine.....
K157.......... Wastewaters Carbon 56-23-5 0.057 6.0
(including tetrachloride. 67-66-3 0.046 6.0
scrubber waters, Chloroform........ 74-87-3 0.19 30
condenser waters, Chloromethane..... 16752-77-5 0.028 0.14
washwaters, and Methomyl.......... 75-09-2 0.089 30
separation waters) Methylene chloride 78-93-3 0.28 36
from the Methyl ethyl 110-86-1 0.014 16
production of ketone. 121-44-8 0.081 1.5
carbamates and Pyridine..........
carbamoly oximes. Triethylamine.....
K158.......... Bag house dusts and Benomyl........... 17804-35-2 0.056 1.4
filter/separation Benzene........... 71-43-2 0.14 10
solids from the Carbenzadim....... 10605-21-7 0.056 1.4
production of Carbofuran........ 1563-66-2 0.006 0.14
carbamates and Carbosulfan....... 55285-14-8 0.028 1.4
carbamoly oximes. Chloroform........ 67-66-3 0.046 6.0
Methylene chloride 75-09-2 0.089 30
Phenol............ 108-95-2 0.039 6.2
K159.......... Organics from the Benzene........... 71-43-2 0.14 10
treatment of Butylate.......... 2008-41-5 0.003 1.5
thiocarbamate EPTC (Eptam)...... 759-94-4 0.003 1.4
wastes. Molinate.......... 2212-67-1 0.003 1.4
Pebulate.......... 1114-71-2 0.003 1.4
Vernolate......... 1929-77-7 0.003 1.4
K161.......... Purification solids Antimony.......... 7440-36-0 1.9 \11\ 1.15
(including Arsenic........... 7440-38-2 1.4 \11\5.0
filtration, Carbon disulfide.. 75-15-0 3.8 \11\ 4.8
evaporation, and Dithiocarbamates 137-30-4 0.028 28
centrifugation (total). 7439-92-1 0.69 \11\ 0.75
solids), baghouse Lead.............. 7440-02-0 3.98 \11\ 11.0
dust and floor Nickel............ 7782-49-2 0.82 \11\ 5.7
sweepings from the Selenium..........
production of
dithiocarbamate
acids and their
salts.
* * * * * *
*
P127.......... Carbofuran......... Carbofuran........ 1563-66-2 0.006 0.14
P128.......... Mexacarbate........ Mexacarbate....... 315-18-4 0.056 1.4
P185.......... Tirpate \10\....... Tirpate........... 26419-73-8 0.056 0.28
P188.......... Physostigmine Physostigmine 57-64-7 0.056 1.4
salicylate. salicylate.
P189.......... Carbosulfan........ Carbosulfan....... 55285-14-8 0.028 1.4
P190.......... Metolcarb.......... Metolcarb......... 1129-41-5 0.056 1.4
P191.......... Dimetilan \10\..... Dimetilan......... 644-64-4 0.056 1.4
P192.......... Isolan \10\........ Isolan............ 119-38-0 0.056 1.4
P194.......... Oxamyl............. Oxamyl............ 23135-22-0 0.056 0.028
[[Page 47417]]
P196.......... Manganese Dithiocarbamates NA 0.028 28
dimethyldithliocar (total).
bamate.
P197.......... Formparanate \10\.. Formparanate...... 17702-57-7 0.056 1.4
P198.......... Formetanate Formetanate 23422-53-9 0.056 1.4
hydrochloride. hydrochloride.
P199.......... Methiocarb......... Methiocarb........ 2032-65-7 0.056 1.4
P201.......... Promecarb.......... Promecarb......... 2631-37-0 0.056 1.4
P202.......... m-Cumenyl m-Cumenyl 64-00-6 0.056 1.4
methylcarbamate. methylcarbamate.
P203.......... Aldicarb sulfone... Aldicarb sulfone.. 1646-88-4 0.056 0.28
P204.......... Physostigmine...... Physostigmine..... 57-47-6 0.056 1.4
P205.......... Ziram.............. Dithiocarbamates NA 0.028 28
(total).
* * * * * *
*
U271.......... Benomyl............ Benomyl........... 17804-35-2 0.056 1.4
U278.......... Bendiocarb......... Bendiocarb........ 22781-23-3 0.056 1.4
U279.......... Carbaryl........... Carbaryl.......... 63-25-2 0.006 0.14
U280.......... Barban............. Barban............ 101-27-9 0.056 1.4
* * * * * *
*
U364.......... Bendiocarb phenol Bendiocarb phenol. 22961-82-6 0.056 1.4
\10\.
U367.......... Carbofuran phenol.. Carbofuran phenol. 1563-38-8 0.056 1.4
U372.......... Carbendazim........ Carbendazim....... 10605-21-7 0.056 1.4
U373.......... Propham............ Propham........... 122-42-9 0.056 1.4
U387.......... Prosulfocarb....... Prosulfocarb...... 52888-80-9 0.042 1.4
U389.......... Triallate.......... Triallate......... 2303-17-5 0.042 1.4
U394.......... A2213 \10\......... A2213............. 30558-43-1 0.042 1.4
U395.......... Diethylene glycol, Diethylene glycol, 5952-26-1 0.056 1.4
dicarbamate \10\. dicarbamate.
U404.......... Triethylamine...... Triethylamine..... 101-44-8 0.081 1.5
U409.......... Thiophanate-methyl. Thiophanate-methyl 23564-05-8 0.056 1.4
U410.......... Thiodicarb......... Thiodicarb........ 59669-26-0 0.019 1.4
U411.......... Propoxur........... Propoxur.......... 114-26-1 0.056 1.4
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Notes to the table:
\1\ The waste descriptions provided in this table do not replace waste descriptions in 40 CFR 261. Descriptions
of Treatment/Regulatory Subcategories are provided, as needed, to distinguish between applicability of
different standards.
\2\ CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a
combination of a chemical with its salts and/or esters, the CAS number is given for the parent compound only.
\3\ Concentration standards for wastewaters are expressed in mg/L and are based on analysis of composite
samples.
\4\ All treatment standards expressed as a Technology Code or combination of Technology Codes are explained in
detail in 40 CFR 268.42 Table 1--Technology Codes and Descriptions of Technology-Based Standards.
\5\ Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards
expressed as a concentration were established, in part, based upon incineration in units operated in
accordance with the technical requirements of 40 CFR Part 264 Subpart O or Part 265 Subpart O, or based upon
combustion in fuel substitution units operating in accordance with applicable technical requirements. A
facility may comply with these treatment standards according to provisions in 40 CFR 268.40(d). All
concentration standards for nonwastewaters are based on analysis of grab samples.
\6\ Where an alternate treatment standard or set of alternate standards has been indicated, a facility may
comply with this alternate standard, but only for the Treatment/Regulatory Subcategory or physical form (i.e.,
wastewater and/or nonwastewater) specified for that alternate standard.
\7\ Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed using Method 9010 or
9012, found in ``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods'', EPA Publication SW-846,
as incorporated by reference in 40 CFR 260.11, with a sample size of 10 grams and a distillation time of one
hour and 15 minutes.
\8\ These wastes, when rendered nonhazardous and then subsequently managed in CWA, CWA-equivalent, or Class I
SDWA systems are not subject to treatment standards. (See Sec. 148.1(d) and Sec. 268.1(c)(3) and (4)).
\9\ These wastes, when rendered nonhazardous and then subsequently injected in a Class I SDWA well are not
subject to treatment standards. (See Sec. 148.1(d)).
\10\ The treatment standard for this waste may be satisfied by either meeting the constituent concentrations in
this table or by treating the waste by the specified technologies: combustion, as defined by the technology
code CMBST at Sec. 268.42 Table 1 of this Part, for nonwastewaters; and, biodegradation as defined by the
technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidation as
defined by the technology code CHOXD, or combustion as defined as technology code CMBST at Sec. 268.42 Table
1 of this Part, for wastewaters.
\11\ ``mg/L TCLP''.
4. In Sec. 268.48, the table in paragraph (a) is revised by
deleting the entries for: ``A2213,'' ``Bendiocarb phenol,''
``Diethylene glycol, dicarbamate,'' ``Dimetilan,'' ``Formparanate,''
``Isolan,'' ``o-Phenylenediamine,'' and ``Tirpate;'' ; by removing
footnote number ``6'' in column one, under the heading Regulated
Constituents/Common Name, after the following chemical names:
``Aldicarb sulfone,'' ``Barban,'' ``Bendiocarb,'' ``Benomyl,''
``Butylate,'' ``Carbaryl,'' ``Carbenzadim,'' ``Carbofuran,''
``Carbofuran phenol,'' ``Carbosulfan,'' ``m-Cumenyl methylcarbamate,''
``Dithiocarbamates (total),'' ``EPTC,'' ``Formetanate hydrochloride,''
``Methiocarb,''
[[Page 47418]]
``Methomyl,'' ``Metolcarb,'' ``Mexacarbate,'' ``Molinate,'' ``Oxamyl,''
``Pebulate,'' ``o-Phenylenediamine,'' ``Physostigmine,''
``Physostigmine salicylate,'' ``Promecarb,'' ``Propham,'' ``Propoxur,''
``Prosulfocarb,'' ``Thiodicarb,'' ``Thiophanate-methyl,''
``Triallate,'' ``Triethylamine,'' and ``Vernolate;'' and by removing
footnote 6.
PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS
5. The authority citation for part 271 continues to read as
follows:
Authority: 42 U.S.C. 9602; 33 U.S.C. 1321 and 1361.
Subpart A--Requirements for Final Authorization
6. Section 271.1(j) is amended by adding the following entry to
Table 1 in chronological order by promulgation date in the Federal
Register, and by adding the following entries to Table 2 in
chronological order by effective date in the Federal Register, to read
as follows:
Sec. 271.1 Purpose and scope.
* * * * *
(j) * * *
Table 1.--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
Federal Register
Promulgation date Title of regulation reference Effective date
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
September 4, 1998................ Emergency Revision of the 63 FR [Insert page September 4, 1998.
Land Disposal numbers].
Restrictions (LDR) Phase
III Treatment Standards
for Listed Hazardous
Wastes from Carbamate
Production.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
* * * * *
Table 2.--Self-Implementing Provisions of the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
Self-implementing
Effective date provision RCRA citation Federal Register reference
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
September 4, 1998............. Emergency Revision of 3004(m)......... 63 FR [Insert page numbers].
the Land Disposal
Restrictions (LDR)
Phase III Treatment
Standards for Listed
Hazardous Wastes
from Carbamate
Production.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
[FR Doc. 98-23507 Filed 9-3-98; 8:45 am]
BILLING CODE 6560-50-P
