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

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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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