Tuesday
June 17, 1997
Part IV
Environmental
Protection Agency
40 CFR Parts 261, 268, 271, and 302
Hazardous Waste Management System:
Carbamate Production, Identification and
Listing of Hazardous Waste; Land
Disposal Restrictions; Authorization of
State Hazardous Waste Programs; and
CERCLA Hazardous Substance
Designation and Reportable Quantities;
Final Rule
3297
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32974 Federal Register / Vol. 62, No. 116 / Tuesday, June 17, 1997 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 261,268,271, and 302
[EPA530-Z-97-FFF; FRL-5839-7]
BIN 2050-AD59
Hazardous Waste Management
System; Carbamate Production,
Identification and Listing of Hazardous
Waste; Land Disposal Restrictions;
Authorization of State Hazardous
Waste Programs; and CERCLA
Hazardous Substance Designation and
Reportable Quantities
AGENCY: Environmental Protection
Agency (EPA). ,
ACTION: Final rule.
SUMMARY: The Environmental Protection
Agency (EPA) is amending its
regulations to conform with the federal
appeals court ruling in Dithiocarbamate
Task Force v. EPA, 98 F.3d 1394
(D.C.Cir. 1996), that invalidated, in part,
Agency regulations listing certain
carbamate wastes as hazardous wastes
under the Resource Conservation and
Recovery Act (RCRA).-These regulations
pertain to hazardous waste management
of carbamate industry wastes under
RCRA, related rules affecting the list of
hazardous substances under the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA), and regulations issued
under state programs approved by the
Administrator. Under the court's
decision, and amended in today's rule,
the vacated federal hazardous waste
listings and regulatory requirements
based on those listings are to be treated
as though they have never been in
effect. State regulations, which may be
more stringent than federal rules, were
not necessarily affected by the court's
ruling.
EFFECTIVE DATE This final rule takes
effect on May 29,1997.
ADDRESSES: Supporting materials are
available for .viewing in the RCRA
Information Center (RIG), located at
Crystal Gateway I, First Floor, 1235
Jefferson Davis Highway, Arlington, VA.
The Docket Identification Number is F-
97-2CPF-FFFFF.
The RIC is open from 9 a.m. to 4 p.m.,
Monday through Friday, excluding
Federal holidays. To review docket
materials, it is recommended that the
public make an appointment by calling
(703) 603-9230. The public may copy a
maximum of 100 pages from the docket
at no charge; additional copies are $0.15
per page.
FOR FURTHER INFORMATION CONTACT: The
RCRA Hotline between 9:00a.m.-6:00
p-nuEST, toll-free, at 800-424-9346;
703-412-9810 from Government phones
or if in the Washington, DC local calling
area; or 800-553-7672 for the hearing
impaired. For more detailed information
on specific aspects of the rulemaking,
contact Caroline Gerwe by calling 703-
308-3540 or by writing, to U.S.
Environmental Protection Agency,
Office of Solid Waste, Hazardous Waste
Identification Division, 401 M St., SW.,
(Mailcode 5304 W), Washington, DC
20460.
SUPPLEMENTARY .INFORMATION: This rule
is available on the Internet. Please
follow these instructions to access the
rule electronically: From the World
Wide Web (WWW), type http://
www.epa.gov/epaoswer, then select
option for Rules and Regulations.
The official record for this action is
kept in a paper format. Accordingly,
EPA has transferred all comments
received into paper form and placed
them into the official record, with all
the comments received in writing. The
official record is maintained at the
address in the ADDRESSES section at the
beginning of this document
Outline of Today's Rule
I. Background
n. Amended Regulations
m. State Authority
IV. Good Cause Exemption From Notice-and-
Comment Rulemaking Procedures
V. Analysis Under E.E. 12866, Unfunded
Mandates Reform Act of 1995,
Regulatory Flexibility Act, Small
Business Regulatory Enforcement
Fairness Act of 1966 and Paperwork
Reduction Act
I. Background •
EPA lists wastes as hazardous wastes
under section 3001 of RCRA, 42 U.S.C.
6921. Once a waste is listed as
hazardous it becomes subject to federal
requirements for persons who generate,
transport, treat, store, or dispose of such
waste. Facilities that must meet the
hazardous waste management
requirements, including the need to
obtain permits to operate, are commonly
referred to as "Subtitle C" facilities.
Subtitle C is Congress' 'original statutory
designation for that part of RCRA that
directs EPA to issue regulations for
hazardous wastes.
EPA standards and procedural
regulations implementing Subtitle C are
found generally at 40 CFR parts 260
through 272. Criteria and procedures for
identifying and listing hazardous wastes
are found at 40 CFR part 261.
General standards for generators of
hazardous waste are found at 40 CFR
part 262. General standards for
transporters of hazardous waste are
found at 40 CFR part 263. General
standards for owners and operators of
hazardous waste treatment, storage and
disposal facilities—including standards
for obtaining permits—are found at 40 -
CFR part 264.
Hazardous wastes are also subject to
land disposal restrictions tinder 40 CFR
part 268. EPA's authorizations for state
hazardous waste programs are found 'at
40 CFR part 272. The requirements for
obtaining these authorizations are found
at 40 CFR part 271.
In addition, hazardous wastes having
the characteristics identified under, or
• listed pursuant to, RCRA section 3001
(except when suspended by Congress)
become hazardous substances under
section 101(14)(C) of CERCLA, 42 U.S.C.
9601(14){C). A reportable quantity (RQ)
of one pound for reporting
environmental releases is established for
each substance, as provided by section
102(b) of CERCLA, 42 U.S.C. 9602(b).
The one-pound statutory RQ applies
until adjusted by regulations.
On February 9,1995, the EPA
published in the Federal Register (60
FR 7824) a rule listing as hazardous
wastes under RCRA various wastes from
four groups of carbamate compounds—
carbamates, carbamoyl oximes,
thiocarbamates and dithiocarbamates.
These compounds, generally, are used
as pesticides, herbicides and fungicides
and in the rubber, wood and'textile
industries. This rule became effective on
August 9,1995.
The rule added 58 specific carbamate
compounds to the list of hazardous
constituents upon which RCRA
hazardous waste listing determinations
are based. This list of constituents
appears at Appendix VIE of 40 CFR part
261.
These same 58 compounds were
added to the list of commercial
chemical products that are hazardous
• wastes only when they are discarded.
This list is found at 40 CFR 261.33 and
is divided into acutely hazardous wastes
("P-wastes") and other toxic wastes ("U-
wastes"). P-wastes are listed in
subsection 261.33(e) and U-wastes are
. listed in subsection 261.33(f). Eighteen
of the carbamates were P-wastes and 40
were U-wastes.
The rule, also, added six hazardous
wastes generated from the industrial
production of the carbamate chemicals
to 40 CFR 261.32. These are hazardous
wastes from specific sources, or "K-
xwastes./'The carbamate wastes were
ghten-6umbers,K156, K157, K158, K159,
K160, and K161. K159 and K160
applied to certain wastes from
thibcarbamate production; K161 applied
to a waste stream from dithiocarbamate
production; K156, K157 and K158
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Federal Register / Vol. 62, No. 116 / Tuesday, June 17, 1997 / Rules and Regulations 32975
applied to various waste streams from
the production of carbamates, proper.
As part of the listing rule, in
accordance with Agency regulations,
EPA also listed in Appendix VTI of 40
CFR Part 261 the hazardous constituents
upon which the production waste
listings were based.
The February 1995 rule also
designated the carbamate wastes as
CERCLA hazardous substances and
added them to the hazardous substance
list at 40 CFR 302.4 with statutory one-
pound RQs, as required under CERCLA
sections 101(14)(C) and 102.
Subsequent to the February 1995
listing rule, EPA issued land disposal
restriction (LDR) regulations for the
carbamate wastes.-These were issued on
April 8,1996 (61 FR 15663), and
corrected June 28,1996 (61 FR 33683).
The prohibition on land disposal of
carbamate wastes was effective July 8,
1996 and the prohibition on radioactive
waste mixed with newly listed or
identified wastes, including soil and
debris, is effective April 8, 1998. In
addition, EPA amended its requirements
for approval of state hazardous waste
programs by adding the carbamate
listing and LDR regulations to Tables 1
and 2 of 40 CFR part 271.1. (See 61 FR
15659-15660, April 8,1996.) These
tables list the regulations that establish
the requirements and'prohibitions
applicable to state hazardous waste
programs.
On November 1,1996, the United
States Court of Appeals for the District
of Columbia Circuit, in Dithiocarbamate
Task Force v. EPA, ruled that EPA failed
to follow proper rulemaking procedures
in making some of the carbamate listing
determinations and vacated them.
TABLE 1 .—VACATED U WASTES
Accordingly, EPA is removing from the
Code of Federal Regulations those
listings vacated by the court and all
•references to those listings. EPA notes
that substantial portions of the decisions
made in the carbamate listing rule
remain in effect and are not changed by
the court's ruling.
The court vacated 24 U wastes, one K-
waste' (K160), and three of the K-wastes
(K156, K157 and K158) only to the
extent they apply to the chemical, 3-
iodo-2-propynyl n-butylcarbamate
0PBC). Twenty-three of the vacated U
wastes consisted of all the
dithiocarbamates and thiocarbamates.
The other vacated U waste was IPBC, a
carbamate.
II. Amended Regulations
Table 1 lists the 24 vacated U wastes
that are removed from 40 CFR 261.33(f).
Hazardous
waste No.
Common name
Chemical abstracts name
Chemical
abstracts
No.
U277
U365
U366
U375
U376
U377
U378
U379
U381
U382
U383
U384
U385
U386
U390
U391
U392
U393
U396
U400
U401
U402
U403
U407
Sulfallate '.
Molinate
Dazomet
3-lodo-2-propynyl n-butylcarbamate ...
Selenium tetrakis(dimethyl-
dithiocarbamate).
Potassium n-methyl-dithiocarbamate
Potassium n-hydroxymethyl -n-meth-
yl-dhhiocarbamate.
Sodium dibutyl-drthiocarbamate
Sodium diethyl-dithiocarbamate
Sodium dimethyl-dithiocarbamate
Potassium dimethyl-dithiocarbamate ..
Metam Sodium
Vemolate ; •.
Cydoate
EPTC
Pebulate
Butylate
Copper dimethyl-dithiocarbamate
Ferbam
Bis(penta-methylene) -thiuram
tetrasulfide.
Tetramethylthiuram monosulfide
Tetrabutylthiuram disulfide
Disulfiram .,
Ethyl Ziram :...
Carbamodithioic acid, diethyl-, 2-chloro-2-propenyl ester
1H-Azepine-1-carbothioic acid, hexahydro-, S-ethyl ester
2H-1,3,5-thiadiazine-2-thione, tetrahydro-3,5-dimethyl-
Carbamic acid, butyl-, 3-k>do-2-propynyl ester
Carbamodithioic acid, dimethyl-, tetraanhydro-suffide with orthothio-sele-
nious acid. • •
Carbamodithioic acid, methyl-, monopotassium salt
Carbamodithioic acid, (hydroxymethyl)methyl-, monopotassium salt
Carbamodithioic acid, dibutyl, sodium salt....".
Carbamodithioic acid, diethyl-, sodium salt
Carbamodithioic acid, dimethyl-, sodium salt
Carbamodithioic acid, dimethyl-, potassium salt
Carbamodithioic acid, methyl-, monosodium salt
Carbamothioic acid, dipropyKS-propyl ester „..
Carbamothioic acid, cydohexylethyrl-, S-ethyl ester
Carbamothioic acid, dipropyl-, S-ethyl ester
Carbamothioic acid, butylethyl-, S-propyl ester ...'. ....
Carbamothioic acid, bis(2-methylpropyl)-, S-ethyl ester
Copper, bis(dimethylcarbamo-dithioato-S,S'),
Iron, tris(dimethylcarbamo-dithioatc-S,S')-
Piperidine, 1,1'-(tetrathio-diearbonothioyl)-bis-
Bis(dimethylthiocarbamoyl) sulfide
Thioperoxydicarbonic diamide, tetrabutyl-
Thioperoxydicarbonic diamide, tetraethyl..
Zinc, bis(die1hylcarbamo-dithioatc-S,S')- ..
95-06-7
2212-67-1
533-74-4
55406-53-6
144-34-3
137-41-7
51026-28-9
136-30-1
148-18-5
128-04-1
"128-03-0
.137-42-8
1929-77-7
1134-23-2
759-94-4
1114-71-2
2008-41-5
137-29-1
14484-64-1
120-54-7
97-74-5
1634-02-2
97-77-S
14324-55-1
In 40 CFR 261.31, the following K-
waste listing is deleted:
K160: Solids (including filter wastes,
separation solids, and. spent catalysts) from
the production of thiocarbamates and solids
from the treatment of thiocarbamate wastes.
In addition, the hazardous waste''
listings for K156, K157, and K158 are
amended. Originally, they .read as
'follows:
K156: Organic waste (including heavy
ends, still bottoms, light ends, spent solvents,
filtrates, and decantates) from the production
of carbamates and carbamoyl oximes.
K157: Wastewaters (including scrubber
waters, condenser waters, washwaters, and
separation waters) from the production of
carbamates and carbamoyl oximes. .
K158: Bag house dusts and filter/separation
solids from the production of carbamates and
carbamoyl oximes.
EPA is modifying each of these three
listing descriptions to include the
following limitation: (This listing does
not apply to wastes generated from the
manufacture of 3-iodo-2-propynyln-
butylcarbamate.)
EPA is .not deleting any constituents
in the Appendix VIE hazardous
constituent list of 40 CFR part 261, since
the Dithiocarbamate Task Force ruling
did not affect those listings. The Agency
is, however, deleting any mention of the
associated vacated hazardous waste
codes in Appendix VIE. While the
regulations for waste management at 40
CFR parts 262 through 264 are not
affected by the court's ruling, it is clear "
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32976 Federal Register / Vol. 62, No. 116 / Tuesday, June 17, 1997 / Rules and Regulations
that they are not applicable to any of the
vacated hazardous waste listings (unless
those wastes exhibit a hazardous waste
characteristic described under 40 CFR
261.20 to 261.24). However, to the
extent that the wastes described in the
vacated listings were included in federal
permits before the ruling, appropriate
action may need to be taken by
permittees and permitting authorities to
amend the permits. Any need to revise
state permits will depend on state law.
Since state law may be more stringent
than federal law (see RCRA section
3009) there may be circumstances in
which carbamate listings would be
required to remain in the permits.
The land disposal restriction (LDR)
regulations for hazardous wastes are
amended to remove the U and K wastes
vacated by the court Specifically the
Agency is amending 40 CFR 268.39 to
remove LDRs forK160, U277, U365,
U366, U375, U376. U377. U378, U379,
U381. U382, U383, U384, U385. U386,
U390, U391, U392, U393, U396, U400,
U401, U402, U403, and U407.
In addition, the description of the
K156. K157 and K158 wastes in 40 CFR
268.40 are amended to reflect the fact
that they do not apply to wastes from
production of IPBC.
In a recent action to correct tables .
applicable to the LDR regulations (62 FR
7501. February 19,1997), the Agency
removed the vacated carbamate
hazardous waste codes from the list of
treatment standards contained in
section 268.40 and removed Cycloate
and IPBC from the Universal Treatment
Standards (UTS) table in 40 CFR 268.48.
The hazardous waste listings based on
these two constituents were vacated by
the Dlthiocarbamate Task Force ruling
and these constituents have not been
cited as the basis for listing any other
hazardous waste in Appendix VII of part
261. EPA notes these constituents are
still listed in Appendix VTtl of 40 CFR
part 261 as hazardous constituents upon
which EPA may base listings.
All other constituents on the
Universal Treatment Standards table are
being retained. This is because they
remain the basis for listed hazardous
wastes that have not been affected by
the Dithiocarbamate Task Force ruling.
Accordingly, the UTS standards for the
following constituents which are part of
the basis for K159 are retained: Butylate,
EPTC, Molinate, Pebulate, and
Vemolate. Also retained is
Dlthiocarbamates (total). The
determination of total dithiocarbamates
Is part of the basis for listing of K161,
which was not invalidated by the court
ruling.
Today's final rule also removes the
vacated U and K wastes from CERCLA
designation as hazardous substances.
Accordingly, all these wastes are
removed from die list of CERCLA
hazardous substances at 40 CFR 302.4.
III. State Authority
The tables in 40 CFR 271.1 are
amended to reflect the issuance of this
notice so that States will understand
diey are not required by the federal
Resource Conservation and Recovery
Act to adopt the hazardous waste
listings vacated by the Dithiocarbamate
Task Force ruling. Since today's rule
does not establish any new regulation,
no additional requirements or
obligations are imposed on the States by
its promulgation. RCRA section 3009
provides diat States may not issue
regulations less stringent than those
authorized under Subtitle C of RCRA.
However, section 3009 of RCRA also
provides that States may impose more
stringent requirements dian those
regulations promulgated by EPA under
Subtitle C. Thus, regulations vacated by
the Dithiocarbamate Task Force ruling
may be permissible under state law.
IV. Good Cause Exemption From
Notice-and-Comment Rulemaking
Procedures
The Administrative Procedure Act
generally requires agencies to provide
prior notice and opportunity for public
comment before issuing a final rule. 5
U.S.C. 553(b). Rules are exempt from
this requirement if the issuing agency
finds for good cause that notice'and
comment are unnecessary. 5 U.S.C.
553(b)(3)(B).
EPA has determined that providing
prior notice and opportunity for
comment on the amending of diese
carbamate regulations is unnecessary.
These regulations are no longer legally
in effect by order of the federal appeals
court. Thus, amending diem has no
legal impact and only states the current
legal status of the rules.
For die same reasons, EPA believes
there is good cause for making the
amending of these regulations
immediately effective. See 5 U.S.C.
553(d).
V. Analyses Under E.G. 12866,
Unfunded Mandates Reform Act of
1995, Regulatory Flexibility Act, Small
Business Regulatory Enforcement
Fairness Act of 1996 and Paperwork
Reduction Act
The amending of the carbamate
regulations only reflects their current
legal status and has no regulatory
impact, therefore, this action is not a
"significant" regulatory action by E.O.
12866. This action is not a significant
regulatory action and is therefore not
subject to review by the Office of
Management and Budget. 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.
Moreover, since this action is not
subject to notice-and-comment
requirements under the Administrative
Procedure Act or any other statute, it is
not subject to sections 603 or 604 of the
Regulatory Flexibility Act.
Under 5 U.S.C. 801 (a)(1)(A), added by
die Small Business Regulatory
Enforcement Fairness Act of 1996, EPA
submitted a report containing this rule
and otiier required information to die
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the General Accounting
Office prior to publication of the rule in
today's Federal Register. This rule is
not a "major rule"-as defined by 5
U.S.C. 804(2).
Lastly, die removal of diese
regulations from the Code of Federal
Regulations does not affect requirements
. under the Paperwork Reduction Act
since they are no longer legally in effect
List of Subjects
40 CFR Part 261
Environmental protection, Hazardous
materials, Hazardous waste, Recycling,
Reporting and recorkeeping
requirements.
40 CFR Part 268
Environmental protection, Hazardous
waste, Reporting and recordkeeping
requirements.
40CFRPart271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous materials transportation,
Hazardous waste, Indians—lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Water pollution control,
Water supply.
40 CFR Part 302
Environmental protection, Air
pollution control, Chemicals,
Emergency Planning and Community
Right-to-Know Act, Extremely
hazardous substances, Hazardous
ch°emiŁals, Hazardous materials,
Hazardous substances, Hazardous
waste, Intergovernmental relations,
Natural resources, Reporting and
recordkeeping requirements, Superfund,
Water pollution control, Water supply.
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Federal Register / Vol. 62, No. 116 / Tuesday, June 17, 1997 / Rules and Regulations 32977
Dated: May 29, 1997.
Timothy Fields, Jr.,
Acting Assistant Administrator.
For the reasons set out in the
preamble, amend chapter I of title 40 of
the Code of Federal Regulations as
follows:
PART 261— IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261
continues to read as follows:
Authority: 42 U.S.C. 6905,6912(a), 6921,
6922, and 6938.
2. Section 261.32 is amended in the
table under "Organic Chemicals" by
removing the entry for K160, and
revising the entries for K156, K157, and
K158 to read as follows:
§ 261.32 Hazardous waste from specific
sources.
* ' * * * *
Industry and
EPA hazard-
ous waste No.
Hazardous waste
Hazard
code
Organic ,
chemicals:
* ' * * * * * *
K156 Organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the (T)
production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the man-
ufacture of 3-iodo-2-propyny) n-butylcarbamate.).
K157 Wastewaters (including scrubber waters, condenser waters, washwaters, and separation waters) from the produc- (T)
tion of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture
of 3-iodo-2-propynyl n-butylcarbamate.).
K158 Bag house dusts and filter/separation solids from the production of carbamates and carbamoyl oximes. (This listing (T)
does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.).
§261.33 [Amended]
3. Section 261.33(f) is amended in the
table by removing in their entirety the
following entries:
H-Azepine-1-carbothioic acid,
hexahydro-, S-ethyl ester, (LJ365)
Bis(dimethylthiocarbamoyl) sulfide,
(U401)
Bis (pentamethylene)thiuram
tetrasulfide, (U400)
Butylate, (U392)
Carbamic acid, butyl-,3-iodo-2-propynyl
ester, (U375)
Carbamodithioic acid, dibutyl, sodium
salt, (U379)
Carbamodithioic acid, diethyl-, 2-
chloro-2-propenyl ester, (U277)
Carbamodithioic acid,, diethyl-, sodium
salt, (U381)
Carbamodithioic acid, dimethyl-,
potassium salt, (U383)
Carbamodithioic acid, dimethyl-,
sodium salt, (U382)
Carbamodithioic acid, dimethyl-,
tetraanhydrosulfide with
otthothioselenious acid, (U376)
Carbamodithioic acid, (hydroxymethyl)
methyl-.monopotassium salt, (U378)
Carbamodithioic acid, methyl-,
monosodium salt, (U384)
Carbamodithioic acid, methyl^
monopotassium salt, (U377)
Carbamothioic acid, bis(2-
methylpropyl)-, S-ethyl ester, (U392)
Carbamothioic acid, butylethyl-,S-
propyl ester, (U391)
Carbamothioic acid, cyclohexylethyl-, S-
ethyl ester, (U386)
Carbamothioic acid, dipropyl-, S-ethyl
ester, (U390)
Carbamothioic acid, dipropyl-, S-propyl
ester, (U385)
Copper, bis(dimethylcarbamodithioato-
S,S')-, (U393)
Copper dimethyldithiocarbamate,(U393)
Cycloate, (U386)
Dazomet, (U366)
Disulfiram, (U403)
EPTC, (U390)
Ethyl Ziram, (U407)
Ferbam,.(U396)
3-Iodo-2-propynyl n-butylcarbamate,
(U375)
Iron, tris(dimethylcarbamodithioato-
S,S')-, (U396)
Metam Sodium, (U384)
Molinate, (U365)
Pebulate, (U391)
Piperidine, 1,1'-
(tetrathiodicarbonothioyl)-bis-, (U400)
Potassium dimethyldithiocarbamate,
(U383)
Potassium n-hydroxymethyl-n-
methyldi-thiocarbamate, (U378)
Potassium n-methyldithiocarbamate,
(U377)
Selenium,
tetrakis(dimethyldithiocarbamate),
(U376)
Sodium dibutyldithiocarbamate, (U379)
Sodium diethyldithiocarbamate, (U381)
Sodium dimethyldithiocarbamate,
(U382)
Sulfallate, (U277)
Tetrabutylthiuram disulfide, (U402)
Tetramethylthiuram monosulfide,
(U401)
2H-l,3,5-Tthiadiazine-2-thione,
tetrahydro-3,5-dimethyl-, (U366)
Thioperoxydicarbonic diamide,
tetrabutyl, (U402)
Thioperoxydicarbonic diamide,
tetraethyl, (U403)
Vemolate, (U385)
Zinc, bis(diethylcarbamodithioato-
)-, (U407)
Appendix VII to Part 261 [Amended]
4. Appendix VII to Part 261 is
amended by removing the entire entry
for EPA hazardous waste number K160.
5. Appendix VEI to Part 261 is
amended by removing entries
"Potassium hyroxymethyl-n-methyl-
dithiocarbamate" and
"Tetrabutylthiuram monosulfide", and
by revising and adding in appropriate
alphabetical order the following entries
to read as follows:
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32978 Federal Register / Vol. 62, No. 116 / Tuesday, June 17, -1997 / Rules and Regulations
APPENDIX VIII TO PART 261—HAZARDOUS CONSTITUENTS
Common name
Chemical abstracts name
Chemical
abstracts
No.
Hazardous
waste No.
Bis(pentamethylene)-thiuram
lelrasuKWe.
Piperidine, 1,1'-(tetrathiodicarbonothioyl)-bis-,
120-54-7
Butylate „ Carbamothioic acid, bis(2-methylpropyl}-, S-ethyl ester 2008-41-5
* * * * * * *
Copper dimethyldithiocarbamate Copper, bis(dimethylcarbamodithioato-S,S')- 137-29-1
* * * . * * . *
Cydoato Carbamothioic acid, cydohexylethyl-, S-ethyl ester 1134-23-2
» • * * * *
Dazomet '. , 2H-1,3,5-thiadiazine-2-thione, tetrahydro-3,5-dimethyl 533-74-4
Dlsulfiram Thioperoxydicarbonic diamide, tetraethyl
* • * *
EPTC Carbamothioic acid, dipropyl-, S-ethyl ester .
Ethyl Ziram
*
Ferbam
Zinc, bis(dieihylcattamodithioato-S,S')-.
3-lodc-2-propynyl n-butylcarbamate
« »
Metam Sodium
Moltnale
Pebulate
Iron, trisCdimethylcarbamodithioato-S.S1)-
* ' * *
Carbamic acid, butyl-, 3-iodo-2-propynyl ester
* * *
Carbamodithioic acid, methyl-, monosodium salt
* ' * *'
1H-AHepine-1-carbothioieacid, hexahydro-, S-ethyl ester
* * *
Carbamothioic acid, butylethyl-, S-propyl ester
Potassium dimethyldithiocarbamate ...
Potassium n-hydroxymethyl-n-methyl-
dithfocarbamate.
Potassium n-methyldithiocarbamate ..
Selenium, tetrakis(dimethyl-
dithJocarbamate).
Sodium dibutyldithiocarbamate
Sodium diethyldithiocarbamate
Sodium dimethyldithiocarbamate ,
Carbamodithioic acid, dimethyl, potassium salt
Carbamodithioic acid, (hydroxymethyl)methyl-, monopotassium salt
Carbamodithioic acid, methyl-monopotassium salt.
Carbamodithioic acid, dimethyl-, tetraarihydrosulfide with orthothioselenious
acid.
Carbamodithioic acid, dibutyl, sodium salt
Carbamodithioic acid, diethyl-, sodium salt ...
Carbamodithioic acid, dimethyl-, sodium salt
SulfaHate Carbamodithioic acid, diethyl-, 2-chloro-2-propenyl ester
97-77-8
759-94-4
14324-55-1
14484-64-1
55406-53-6
137-42-8
2212-67-1
1114-71-2
. 128-03-0
51026-28-9
137-41-7
144-34-3
136-30-1
148-18-5
128-04-1
95-06-7
Tetrabutylthfuram disulfide Thioperoxydicarbonic diamide, tetrabutyl '. 1634-02-2
* V\ /
Tetramelhylthiuram monosuffide Bis(dimethyHhiocarbamoyi) sulfide .:>*<•.......; 97-74-5
******
Vemolate Carbamothioic acid, dipropyKS-propyl ester 1929-77-7
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Federal Register / Vol. 62, No. 116 / Tuesday, June 17, 1997 / Rules and Regulations 32979
PART 268—LAND DISPOSAL
RESTRICTIONS
6. The authority citation for part 268
continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921,
and 6924. .
7. Section 268.39 is amended by
revising paragraphs (a) and (d) to read
as follows:
§ 268.39 Waste specific prohibitions-
spent aluminum potliners; reactive; and
carbamate wastes.
(a) On July 8, 1996, the wastes
specified in 40 GFR 261.32 as EPA
Hazardous Waste numbers K156-K159,
and K161; and in 40 CFR 261.33 as EPA
Hazardous Waste numbers 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 are
prohibited from land disposal. In
addition, soil and debris contaminated
with these wastes are prohibited from
land disposal.
*****
(d) On April 8,1998, radioactive
wastes mixed with K088, 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 are prohibited from land
disposal. In addition, soil and debris
contaminated with these radioactive
mixed wastes are prohibited from land
disposal.
§268.40 [Amended]
8. In §268.40, the table is amended in
the entries for K156, KJ57, and K158 by
adding the language "(This listing does
not apply to wastes generated from the
manufacture of 3-iodo-2-propynyl n-
butylcarbamate.)" at the end of the
existing text in the second column.
PART 271—REQUIREMENTS FOR
AUTHORIZATION OF STATE
HAZARDOUS WASTE PROGRAMS
9. The authority citation for part 271
continues to read as follows:
. Authority: 42 U.S.G. 6905, 6912(a), and
6926.
10. Section 271.l(j) is amended by
adding the following entry to Table 1 in
chronological order by date of
publication in the Federal Register, and
by adding the following entry to Table
2 in chronological order by date of
publication in the Federal Register to
read as follows:
§271.1 Purpose and scope.
* * * * *
G) * * *
TABLE 1.—REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984.
Promulgation date
Title of regulation
Federal Register reference
Effective date
[insert date of publication] ...... Vacated Carbamate wastes [insert FEDERAL REGISTER page numbers.].... August 9,1995.
TABLE 2.—SELF-IMPLEMENTING PROVISIONS OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984
Effective date
Self-implementing provision
RCRA citation
Federal Register reference
July8,1996 .
April 8, 1998
Prohibition on land disposal of carba- 3004(m).
mate wastes (Vacated wastes).
Prohibition on disposal of radioactive 3304(g)(4)(c) and 3004(m)
waste mixed with newly listed or
identified wastes, including soil and
debris (Vacated carbamate
wastes).
tihsert FR publication date, insert FR
page numbers ]
* • *
[insert FR publication date, insert FR
page numbers]
PART 302—DESIGNATION,
REPORTABLE QUANTITIES, AND
NOTIFICATION
11. The authority citation for part 302
continues to read as follows:
Authority: 42 U.S.C. 9602,9603, and 9604;
33 U.S.C. 1321 and 1361.
§302.4 [Amended]
12. Table 302.4 in § 302.4
by removing the entries for "l
Azepine-1-carbothioic acid, hexahydro-,
S-ethyl ester (Molinate)",
"Bis(dimethylthiocarbamoyl) sulfide
(Tetramethylthiuram monosulfide)",
"Carbamic acid, butyl-, 3-iodo-2-
propynyl ester (3-iodo-2-propynyl n-
butylcarbamate)", "Carbamodithioic
acid, dibutyl, sodium salt (Sodium
dibutyldithiocarbamate)",
"Carbamodithioic acid, diethyl-, 2-
chloro-2-propenyl ester (Sulfallate)",
"Carbamodithioic acid, diethyl-, sodium
salt (Sodium diethyldithiocarbamate)",
"Carbamodithioic acid, dimethyl,
potassium salt (Potassium
dimethyldithiocarbamate)",
"Carbamodithioic acid, dimethyl-,
sodium salt (Sodium
dimethyldithiocarbamate)",
"Carbamodithioic acid, dimethyl-,
tetraahhydrosulfide with
orthothioselenious acid (Selenium,
tetrakis (dimethyldithiocarbamate))",
"Carbamodithioic acid,
(hy droxymethy 1) methyl-,
monopotassium salt (Potassium n-
hydroxymethyl-n-
methyldithiocarbamate)'',
"Carbamodithioic acid, methyl,-
monopotassium salt (Potassium n-
methyldithiocarbamate)",
"Carbamodithioic acid, methyl-,
monosodium salt'(Metam Sodium)",
"Carfaamothioic acid, bis(2-
methylpropyl)-, S-ethyl ester
(Burylate)", "Carbamothioic acid,
butylethyl-, S-propyl ester (Pebulate)",
"Carbamothioic acid, cyclohexylethyl-;
S-ethyl ester (Cycloate)",
"Carbamothioic acid, dipropyl-, S-ethyl
ester (EPTC)", "Carbamothioic acidi
-------
32980 Federal Register / Vol. 62, No. 116 / Tuesday, June 17, 1997 / Rules and Regulations
dipropyl-, S-propyl ester (Vernolate)",
"Copper, bis(dimethylcarbamodithioato-
S,S')-(Cooper
dlmethyldithlocarbamate)", "Iron,
tris(dimethylcarbamodithioato-S,S')-.
(Ferbam)", "Piperidine, 1,1'-
(tetrathiodicarbonothioyl)-bis-
(6is(pentamenthylene) thiuram
tetrasulfide)", "2H-l,3,5-Thiadiazine-2-
thione, tetrahydro-3,5-dimethyl-
(Dazomet)", "Thioperoxydicarbonic
diamide, tetrabutyl (Tetrabutylthiuram
disulfide)"; "Thioperoxydicarbonic
diamide, tetraethyl (Disulfiram)", "Zinc,
bis(diethylcarbamodithioato-S,S')-(Ethyl
Ziram)", and "K160".
13. Table 302.4 in § 302.4 also is
amended by revising the following
entries, (applicable footnotes 'have been
republished without change), to read as
follows:
§302.4 Designation of hazardous
substances.
•TABLE 302.4.—LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES
[NOTE: All Comments/Notes Are Located at the End of this Table]
Statutory
Final RQ
Hazardous substance
CASRN
Regulatory
synonyms
RQ
Codet
RCRA
waste
number
Category
Pounds
(Kg)
K156
Organic waste (including heavy ends, still
bottoms, light ends, spent solvents, fil-
trates, and decantates) from the pro-
duction of carbamates and carbamoyl
oximes. (This listing does not apply to
wastes generated from the manufac-
ture of 3-iodo-2-propynyl n-
butytearbamate.) .
K157 ..„
Wastowalers (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-
todo-2-propyny) n-butylcarbamate.)
K158
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-
todo-2-propynyl n-butylcarbamate.)
4 K156
4 K157
4 K158
t Indicates the statutory source as defined by -1,2, 3, and 4 below. . r
*******
4 Indicates that the statutory source for designation of this hazardous substance under CERCLA-is RCRA section 3001.
•' Indicates that the 1-pound RQ is a CERCLA statutory RQ.
*******
##The Agency may adjust the statutory RQ for this hazardous substance in a future rulemaking; until then the statutory RQ applies.
Appendix A to§302.4 [Amended]
14. Appendix A to §302.4-Sequential
CAS Registry Number List of CERCLA
Hazardous Substances is amended by
removing the entries for the following
CAS Registry Numbers: 95067, 97745,
97778,120547, 128030, 128041,136301,
137291, 137417, 137428, 144343,
148185, 533744, 759944,1114712,
1134232,1634022,1929777, 2008415,
2212671, 14324551, 14484641,
51026289, and 55406536.
[FR Doc. 97-15409 Filed 6-16-97; 8:45 am]
BILLING CODE 6560-5O-P
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