[Federal Register Volume 60, Number 156 (Monday, August 14, 1995)]
[Rules and Regulations]
[Pages 41817-41818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20002]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[FRL-5276-3]
Hazardous Waste Management System: Carbamate Production,
Identification and Listing of Hazardous Waste
AGENCY: Environmental Protection Agency.
ACTION: Interpretative rule.
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SUMMARY: The Environmental Protection Agency is today announcing a
change in the Agency's interpretation of its rule that lists wastes
from carbamate production as hazardous wastes under the Resource
Conservation and Recovery Act (RCRA). Under this new interpretation,
wastes from the production of non-carbamate intermediates that are used
exclusively in the production of carbamates but are not produced at the
ultimate site of manufacture of the carbamates will not be subject to
the rule. These wastes are among those given the RCRA waste code
designations K-156 and K-157 in the rule.
EFFECTIVE DATE: August 8, 1995.
ADDRESSES: The official record for this interpretative rule is
identified as Docket number F-95-CPLF-FFFFF and is located in the RCRA
Docket, Room M2616 (5305), 401 M Street, SW, Washington, DC, 20460. The
public may make an appointment in order to review docket materials by
calling (202) 260-9327. The docket is open for inspection from 9 AM to
4 PM, Monday through Friday, excluding Federal holidays. The public may
copy material from any regulatory docket at a cost of $0.15 per page.
FOR FURTHER INFORMATION CONTACT:
For general information contact the RCRA/Superfund Hotline, toll free,
at (800) 424-9346, or at (703) 920-9810. For technical information
concerning this notice, contact Mr. John Austin, Office of Solid Waste
(5304), U.S. Environmental Protection Agency, 401 M Street, SW,
Washington, DC, 20460, (202) 260-4789.
SUPPLEMENTARY INFORMATION:
I. Background
On February 9, 1995 (60 FR 7824), EPA promulgated regulations under
RCRA that listed as hazardous wastes six wastes generated during the
production of carbamates and 58 commercial chemical products that
become hazardous wastes when they are discarded or intended to be
discarded. This rule becomes effective on August 9, 1995.
Among the six wastes subject to the rule are those designated by
EPA as K-156 and K-157. The K-156 listing consists of ``[o]rganic waste
(including heavy ends, still bottoms, light ends, spent solvents,
filtrates, and decantates) from the production of carbamates and
carbamoyl oximes'' (60 FR 7849, to be codified at 40 CFR 261.32). This
waste was listed because it contains one or more of the following
hazardous constituents of concern: formaldehyde, methylene chloride,
triethylamine, carbofuran, benomyl, carbendazim, carbaryl, or
carbosulfan (60 FR 7853, to be codified in Appendix VII to 40 CFR Part
261).
The K-157 listing consists of ``[w]astewaters (including scrubber
waters, condenser waters, washwaters and separation waters) from the
production of carbamates and carbamoyl oximes'' (60 FR 7849, to be
codified at 40 CFR 261.32). This waste was listed because it contained
one or more of the following hazardous constituents of concern--carbon
tetrachloride, formaldehyde, methyl chloride, methylene chloride,
pyridine, or triethylamine (60 FR 7853, to be codified in Appendix VII
to 40 CFR Part 261).
Public comments on the proposed rule requested that EPA clarify the
definition of carbamate ``production,'' principally to ensure that
production would not include operations that isolate non-carbamate
product for which there is otherwise a commercial market. In response
to these comments, EPA set out its interpretation of the definition of
production for purposes of the carbamate listing rule in the preamble
to the final rule at 60 FR 7830.
After considering the comments and examining the industry, EPA
concluded that carbamate production for purposes of the rule begins
with the synthesis of non-carbamate chemicals that have no other use
except for the production of a carbamate product. These non-carbamate
chemicals are known as chemical ``intermediates'' in the industry. The
consequence of this interpretation is that wastes generated from the
manufacture of these
[[Page 41818]]
intermediates would be considered to be within the scope of the
listing.
In its preamble interpretation, the Agency stated that processes
that produce non-carbamate products which may be used in carbamate
production, but have other uses, are not included in the definition of
carbamate production. These latter processes would include production
of phosgene and methyl isocyanate.
However, EPA also interpreted carbamate production to include
manufacture of the non-carbamate intermediates used exclusively in
carbamate production regardless of whether the manufacture occurred at
the ultimate site of manufacture of the carbamate chemical. EPA
specifically cited, as examples of these off-site intermediates--
bendiocarb phenol, A-2213 (an intermediate in oxamyl production), and
carbofuran phenol. 60 FR 7830.
A number of petitions for review challenging the carbamate listing
have been filed in the United States Court of Appeals for the District
of Columbia Circuit. These cases have been consolidated under the name,
Dithiocarbamate Task Force v. EPA, Docket No. 95-1249.
As a result of settlement discussions EPA has reexamined the
rulemaking record and determined that it lacks support for the
interpretation of ``production'' as including manufacture of non-
carbamate intermediates not produced at the ultimate site of carbamate
production. In particular, information submitted by the producers of
these non-carbamate intermediates shows that their wastes generated
from manufacture of these intermediates do not contain any of the
hazardous constituents of concern for which the K-156 and K-157 wastes
have been listed. EPA has no other information to indicate that these
waste streams contain any of these constituents.
Thus, EPA believes it has interpreted the definition of carbamate
production in an overly broad manner to include wastes that should not
be subject to the rule. Accordingly, EPA hereby changes its
interpretation of carbamate ``production'' not to include non-carbamate
intermediates that are produced at a site other than the ultimate site
of carbamate production. Wastes from the production of such
intermediates will not be covered by the listing.
II. Justification for Making the Interpretation Immediately
Effective
EPA considers this change to its regulatory interpretation to be an
interpretative rule exempt from the requirement for public notice and
opportunity for comment procedures under 5 U.S.C. 553(b) of the
Administrative Procedure Act (APA), because it informs the public of
the Agency's views of how the term, ``production,'' in its own
regulations will apply to carbamate waste listings. Also, EPA does not
consider that this interpretation is subject to the requirements of the
APA (5 U.S.C. 553(d)) or RCRA (section 3010(b); 42 U.S.C. 6930(d)) to
delay the effective date of regulations after they are promulgated.
To the extent it may be argued that EPA is required to provide
public notice and opportunity to comment or delay in the effective
date, the Agency finds that good cause exists not to apply these
procedures. If either notice and comment or delayed effective date
procedures were applied, the off-site non-carbamate waste streams would
become subject to the requirements of RCRA Subtitle as of August 9. The
Agency has determined that this would be unfair, since EPA's rulemaking
record indicates that the risks from these wastes are not significant
and that the record does not support regulating them. Given the
likelihood that the risks appear to be insignificant, at least to the
extent they are examined in the rulemaking record, the wastes should
not be subjected to the extensive requirements of the RCRA waste
management regulations.
Dated: August 8, 1995.
Carol M. Browner,
Administrator.
[FR Doc. 95-20002 Filed 8-11-95; 8:45 am]
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