Reportable Quantity Adjustments for Carbamates and Carbamate-Related Hazardous Waste Streams; Reportable Quantity Adjustment for Inorganic Chemical Manufacturing Process Waste (K178), 47106-47122 [E6-13491]
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Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Rules and Regulations
special considerations under Executive
Order 12898, entitled Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994); or OMB review or any Agency
action under Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are
established on the basis of a petition
under section 408(d) of FFDCA, such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply. The Agency hereby
certifies that this rule will not have
significant negative economic impact on
a substantial number of small entities.
In addition, the Agency has determined
that this action will not have a
substantial direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
Federalism(64 FR 43255, August 10,
1999). Executive Order 13132 requires
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
by State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
defined in the Executive order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ This final rule
directly regulates growers, food
processors, food handlers and food
retailers, not States. This action does not
alter the relationships or distribution of
power and responsibilities established
by Congress in the preemption
provisions of section 408(n)(4) of
FFDCA. For these same reasons, the
Agency has determined that this rule
does not have any ‘‘tribal implications’’
as described in Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive
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Order 13175, requires EPA to develop
an accountable process to ensure
‘‘meaningful and timely input by tribal
officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
rule will not have substantial direct
effects on tribal governments, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this rule.
VII. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 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. 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 this final
rule in the Federal Register. This final
rule is not a ‘‘major rule’’ as defined by
5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: August 3, 2006.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.293, paragraph (a)(1) is
amended by revising the introductory
text and alphabetically adding the
I
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commodity ‘‘fish’’ to the table to read as
follows:
§ 180.293 Endothall; tolerances for
residues.
(a) General. (1) Tolerances are
established for combined residues of
Endothall, 7-oxabicyclo [2, 2, 1]
heptane-2, 3-dicarboxylic acid and its
monomethyl ester in or on the following
raw agricultural commodities:
Commodity
Parts per million
*
*
*
Fish .................................
*
*
*
*
*
*
*
*
*
*
0.1
*
*
[FR Doc. E6–13293 Filed 8–15–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 302 and 355
[EPA–HQ–SFUND–2002–0010; EPA–HQ–
SFUND–2002–0011; FRL–8210–5]
RIN 2050–AE12
Reportable Quantity Adjustments for
Carbamates and Carbamate-Related
Hazardous Waste Streams; Reportable
Quantity Adjustment for Inorganic
Chemical Manufacturing Process
Waste (K178)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: This rule promulgates
adjustments to the reportable quantities
under the Comprehensive
Environmental Response, Compensation
and Liability Act for 28 individual
carbamates and five carbamate-related
hazardous waste streams and for the
inorganic chemical manufacturing
process waste K178 from their statutory
one-pound reportable quantities. All of
the substances are listed as hazardous
wastes under the Resource Conservation
and Recovery Act, and as hazardous
substances under the Comprehensive
Environmental Response, Compensation
and Liability Act.
DATES: This final rule is effective on
September 15, 2006.
ADDRESSES: EPA has established two
dockets for this action under Docket ID
No. EPA–HQ–SFUND–2002–0010 and
EPA–HQ–SFUND–2002–0011. All
documents in the dockets are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
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disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Superfund Docket, EPA/DC, EPA
West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Superfund Docket is
(202) 566–0270.
FOR FURTHER INFORMATION CONTACT:
Lynn Beasley, Regulation and Policy
Development Division, Office of
47107
Emergency Management, Office of Solid
Waste and Emergency Response
(5104A), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone
number: (202) 564–1965; fax number:
(202) 564–2625; e-mail address:
beasley.lynn@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Does This Action Apply to Me?
Type of entity
Examples of affected entities
Industry ...........................................
Manufacturers, handlers, transporters, and other users of carbamates. These substances are often used
as insecticides, fungicides, herbicides, accelerators in the vulcanization of rubber, or as chemical intermediates in the manufacture of drugs, pesticides, or resins. In addition, entities that may release K178
waste streams will also be affected.
State Emergency Response Commissions, and Local Emergency Planning Committees.
National Response Center, and any Federal agency that may release these carbamates and waste
streams.
State, Local, or Tribal Governments
Federal Government .......................
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. This table lists
the types of entities that EPA is now
aware could potentially be regulated by
this action. Other types of entities not
listed in the table could also be
regulated. To determine whether your
facility, company, business, or
organization is regulated by this action,
you should carefully examine the
changes to 40 CFR parts 302 and 355.
If you have questions regarding the
applicability of this action to a
particular entity, consult the person
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
B. Outline of This Preamble
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The contents of this preamble are
listed in the following outline:
I. Introduction
A. What is the Statutory Authority for This
Rulemaking?
B. What Types of Releases Are Exempt
From These Reporting Requirements?
II. Background
III. Summary of This Action
A. What Is the Scope of This Rule?
B. What Methodology Did EPA Use To
Adjust the RQs of the Individual
Carbamates?
1. RQ Adjustment Methodology
2. Final RQ Adjustments
C. What Are the Final Adjusted RQs for the
Individual Carbamates?
D. What Methodology Did EPA Use To
Assign RQs for the Carbamate-Related
Waste Streams?
1. RQ Assignment Methodology for F- and
K-Hazardous Waste Streams
2. RQ Assignments for the CarbamateRelated Waste Streams
a. Comment Received on the Proposed RQ
Adjustment for K156 and K157
b. Response To Comment—Application of
Mixture Rule to Listed Wastes
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E. What Conforming Changes Are Made to
40 CFR Table 302.4 and its Appendix A?
F. What Conforming Changes Are Made to
40 CFR Part 355?
G. What Final RQ Is Assigned to the K178
Waste?
1. Comment Received on the Proposed RQ
Adjustment for K178
2. Response To Comment—Application of
Mixture Rule to Listed Wastes
IV. Statutory and Regulatory Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Energy Effects
I. National Technology Transfer and
Advancement Act
J. The Congressional Review Act (5 U.S.C.
801 et seq. as Added by the Small
Business Regulatory Enforcement
Fairness Act of 1996)
I. Introduction
A. What Is the Statutory Authority for
This Rulemaking?
The Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980 (CERCLA), 42 U.S.C. 9601
et seq., as amended by the Superfund
Amendments and Reauthorization Act
of 1986, gives the Federal government
broad authority to respond to releases or
threats of releases of hazardous
substances from vessels and facilities.
The term ‘‘hazardous substance’’ is
defined in section 101(14) of CERCLA
by referencing various Federal
environmental statutes. For example,
the term includes ‘‘any hazardous waste
having the characteristics identified
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under or listed pursuant to section 3001
of the Solid Waste Disposal Act * * *,’’
also known as the Resource
Conservation and Recovery Act (RCRA).
Section 102(b) of CERCLA establishes
reportable quantities (RQs) of one
pound (‘‘statutory RQs’’) for releases of
most CERCLA hazardous substances.
Under section 102(a) of CERCLA, the
Administrator of EPA has the authority
to adjust these RQs by regulation
(‘‘adjusted RQs’’).
Under CERCLA section 103(a), the
person in charge of a vessel or facility
from which a CERCLA hazardous
substance is released in a quantity that
equals or exceeds its RQ must
immediately notify the National
Response Center (NRC) of that release.
A release is reportable if an RQ or more
of the hazardous substance is released
within a 24-hour period. (See 40 CFR
302.6.) This reporting requirement
serves as a trigger for informing the
government of a release so that Federal
personnel can evaluate the need for a
Federal removal or remedial action and
undertake any necessary action in a
timely fashion.
In addition to the reporting
requirements under CERCLA section
103, section 304 of the Emergency
Planning and Community Right-toKnow Act of 1986 (EPCRA), 42 U.S.C.
11001 et seq., requires owners or
operators of certain facilities to report
releases of extremely hazardous
substances (EHSs) and CERCLA
hazardous substances to State and local
authorities. (See 40 CFR 355.40.) Thus,
after the release of an EHS or a
hazardous substance in a quantity equal
to or greater than its RQ, facility owners
or operators must immediately notify
the community emergency coordinator
for each local emergency planning
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committee for any area likely to be
affected by the release, and the State
emergency response commission of any
State likely to be affected by the release.
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B. What Types of Releases Are Exempt
From These Reporting Requirements?
To determine whether you must
report the release of a carbamate that
equals or exceeds its RQ, you should
note that section 103(e) of CERCLA
exempts from the notification
provisions of CERCLA section 103(a):
‘‘* * * the application of a pesticide
product registered under the Federal
Insecticide, Fungicide, and Rodenticide
Act or * * * the handling and storage
of such a pesticide product by an
agricultural producer.’’ The legislative
history of CERCLA suggests that
Congress intended this exemption to
apply to the application of a pesticide
generally in accordance with the
pesticide’s purpose.
If a release of a CERCLA hazardous
substance meets the criteria under
CERCLA section 103(e) for an
exemption from reporting to the NRC,
the same release is also exempt from the
notification requirements to State and
local authorities under EPCRA section
304. For this final rule, therefore, the
use of carbamates as pesticides in
accordance with its use and purpose is
not subject to the reporting
requirements under CERCLA section
103(e) and EPCRA section 304.
As stipulated by EPA in an earlier
final rule (50 FR 13464, Apr. 4, 1985),
we do not consider the spill of a
pesticide to be an application of the
pesticide, nor do we consider a
pesticide spill to be in accordance with
the pesticide’s purpose. Consequently,
spills of a carbamate pesticide that equal
or exceed an RQ must be reported to the
NRC under CERCLA section 103 and to
the appropriate State and local
authorities under EPCRA section 304.
II. Background
In this final rule, EPA adjusts the
statutory one-pound RQs for 28
individual carbamates and five
carbamate-related waste streams. The
adjustments to these statutory onepound RQs were proposed in December
2003. (See 68 FR 67916, Dec. 4, 2003.)
This final rule includes RQ adjustments
not only for individual carbamates, but
also for thiocarbamates,
dithiocarbamates, carbamoyl oximes,
and several other individual substances
that are closely related to carbamate
production and/or waste generation.
The preamble to this final rule refers to
all 28 individual substances for which
the RQ adjustments are made as
‘‘carbamates,’’ and to the five waste
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streams as ‘‘carbamate-related’’ waste
streams. In addition, EPA is adjusting
the statutory one-pound RQ of another
hazardous waste stream, K178, which is
unrelated to the carbamates addressed
in this rule (see Section III.G of this
preamble for information regarding
K178). A summary of the developments
leading up to this final rule as it relates
to the carbamate-related substances is
provided below.
On November 8, 1984, Congress
amended RCRA by enacting the
Hazardous and Solid Waste
Amendments of 1984 (HSWA), 42
U.S.C. 6901 et seq. In one provision of
HSWA—a newly added RCRA section
3001(e)(2)—Congress directed EPA to
determine whether several wastes,
including wastes generated from the
production of carbamates, should be
listed as RCRA hazardous wastes.
Carbamates are widely used as active
ingredients in pesticides, herbicides,
insecticides, and fungicides, and in the
production of synthetic rubber. Before
Congress enacted HSWA in 1984, EPA
already had regulated several carbamate
substances under RCRA, CERCLA, and
other statutes.
Based on our evaluation of the
carbamate production wastes, we
published a proposal to list 80
carbamate-related substances as RCRA
hazardous wastes and as CERCLA
hazardous substances. (See 59 FR 9808,
Mar. 1, 1994.) The 80 substances
included: (1) 70 individual carbamates;
(2) six carbamate-related waste streams;
and (3) four generic groups of carbamate
products or captive intermediates with
limited toxicity data.1 On February 9,
1995, we finalized the listing of 64 of
the 80 substances as RCRA hazardous
wastes and CERCLA hazardous
substances, deferring action on 12
individual substances and the four
generic groups of carbamate products or
captive intermediates with limited
toxicity data included in the March
1994 proposed rule. (See 60 FR 7824,
Feb. 9, 1995.) EPA listed a total of 58
individual carbamates and six
carbamate-related hazardous waste
streams as RCRA hazardous wastes and
CERCLA hazardous substances in the
February 1995 final rule.2 Corrections to
1 These chemicals with limited toxicity data were
divided into structure-toxicity groups (esterase
(cholinesterase) inhibiting, other non-cancer
toxicity, potentially carcinogenic, and toxic metal
(metallocarbamates)). (See 59 FR 9840, Mar. 1,
1994.)
2 Independent of the March 1994 proposed and
February 1995 final rules, EPA added and adjusted
the RQs for six individual carbamates to 40 CFR
table 302.4—List of Hazardous Substances and
Reportable Quantities, due to their listing under the
Clean Air Act, Clean Water Act, or both. The six
substances and their Chemical Abstracts Service
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minor errors in the February 1995 final
rule were later published. (See 60 FR
19165, Apr. 17, 1995 and 60 FR 25619,
May 12, 1995.) We also modified our
interpretation of the rule as it affected
listings for K156 and K157 hazardous
wastes. (See 60 FR 41817, Aug. 14,
1995.)
On November 1, 1996, the Court of
Appeals (D.C. Circuit) ruled that EPA
failed to follow proper rulemaking
procedures in making some of the
carbamate listing determinations in the
February 1995 rule. Dithiocarbamate
Task Force v. EPA, 98 F.3d 1394 (D.C.
Cir. 1996). The court vacated the RCRA
hazardous waste and CERCLA
hazardous substance listings for 24 3 of
the 58 individual carbamates and one of
the six carbamate-related waste streams
(K160) included in that rule. The court
also vacated three other carbamaterelated waste streams (K156, K157, and
K158) to the extent that they applied to
the chemical 3-iodo-2-propynyl nbutylcarbamate. Under the court
decision, the vacated carbamate listings
are to be treated as though they had
never been in effect.
To clarify the status of the vacated
listings for the regulated community
and the public, EPA amended the lists
of RCRA hazardous wastes (40 CFR part
261) and CERCLA hazardous substances
(40 CFR part 302) to remove the entries
Registry Numbers (CASRNs) are: carbaryl (CASRN
63–25–2); carbofuran (CASRN 1563–66–2);
mercaptodimethur (CASRN 2032–65–7);
mexacarbate (CASRN 315–18–4); triethylamine
(CASRN 121–44–8); and propoxur (CASRN 114–26–
1). We adjusted the RQ for the first five of these six
substances in a final rule (50 FR 13456, Apr. 4,
1985) and later adjusted the RQ for the last
substance, propoxur, in another final rule (60 FR
30926, Jun. 12, 1995).
3 The 24 vacated listings and their Chemical
Abstracts Service Registry Numbers (CASRNs) and
Hazardous Waste No. (U###) were:
Bis(pentamethylene)thiuram tetrasulfide (120–54–
7), (U400); Copper, bis(dimethylcarbamodithioatoS,S’)-(137–29–1), (U393); Dazomet (533–74–44),
(U366); Disulfiram (97–77–8), (U403); Iron,
tris(dimethylcarbamodithioato-S,S’)-(14484–64–1),
(U396); Metam Sodium (137–42–8), (U384);
Selenium, tetrakis(dimethyldithiocarbamate) (144–
34–3), (U376); Carbamodithioic acid, dimethyl,
potassium salt (128–03–0), (U383); Carbamodithioic
acid, (hydroxymethyl)methyl-, monopotassium salt
(51026–28–9), (U378); Carbamodithioic acid,
methyl-, monopotassium salt (137–41–7), (U377);
Carbamodithioic acid, dibutyl, sodium salt (136–
30–1), (U379); Carbamodithioic acid, diethyl-,
sodium salt (148–18–5), (U381); Carbamodithioic
acid, dimethyl-, sodium salt (128–04–1), (U382);
Carbamodithioic acid, diethyl-, 2-chloro-2-propenyl
ester (95–06–7), (U277); Tetrabutylthiuram
disulfide (1634–02–2), (U402);
Bis(dimethylthiocarbamoyl) sulfide (97–74–5),
(U401); Ethyl Ziram (14324–55–1), (U407); Butylate
(2008–41–5), (U392); Cycloate (1134–23–2), (U386);
EPTC (759–94–4), (U390); Molinate (2212–67–1),
(U365); Pebulate (1114–71–2), (U391);
Carbamothioic acid, dipropyl-, S-propyl ester
(1929–77–7), (U385); and Carbamic acid, butyl-, 3iodo-2-propynyl ester (55406–53–6), (U375).
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for the 24 individual carbamates and
one carbamate-related waste stream
(K160) that were vacated by the court,
and revised the entries for K156, K157,
and K158 to indicate that they do not
apply to 3-iodo-2-propynyl nbutylcarbamate (62 FR 32974, Jun. 17,
1997). The court’s ruling did not change
the February 1995 listing of the 34
remaining individual carbamates as
RCRA hazardous wastes, which
includes the six carbamates that were
listed as hazardous substances due to
their listing under the Clean Air Act,
Clean Water Act, or both. Those listings
remain in effect.
Upon the effective date of the
February 1995, final rule, the 28 4
remaining individual carbamates and
the five carbamate-related hazardous
waste streams became hazardous
substances under CERCLA section
101(14)(C) and received one-pound
statutory RQs. This final rule adjusts the
47109
RQs for these 28 individual substances
and five waste streams (proposed for
adjustment in December 2003) based on
criteria that relate to the possibility of
harm from the release of each hazardous
substance into the environment. EPA is
revising the 40 CFR table 302.4—List of
Hazardous Substances and Reportable
Quantities to reflect these changes and
other conforming changes.
DIAGRAMS SHOWING EVOLUTION OF THIS FINAL RULE
Diagram 1.—Listing RCRA Hazardous Wastes and CERCLA Hazardous Substances
March 1, 1994 Proposed Rule
59 FR 9808
80 Carbamate-Related Substances
RCRA Hazardous Wastes and CERCLA Hazardous Substances
70 Individual Carbamates (Includes 6 individual
carbamates with CERCLA RQs adjusted
previously under 50 FR 13456 and 60 FR
30926).
6 Carbamate-Related Waste Streams .............
4 Generic Groups.
February 9, 1995 Final Rule
60 FR 7824
64 Carbamate-Related Substances
RCRA Hazardous Wastes and CERCLA Hazardous Substances
This completes the RCRA Hazardous Waste Listing for these substances
58 Individual Carbamates (Action deferred on
12 Individual Carbamates).
6 Carbamate-Related Waste Streams .............
0 Generic Groups (Action deferred on 4 generic groups).
Diagram 2.—November 1, 1996 Court of Appeals Decision
Dithiocarbamate Task Force v. EPA 98 F.3d 1394 (D.C.Cir. 1996)
58 Individual Carbamates (Court vacated 24 individual carbamates) .....
6 Carbamate Related Waste Streams (Court vacated 1 waste stream,
partially vacated 3 others).
June 17, 1997 Final Rule
62 FR 32974
Amended February 9, 1995 Final Rule to Conform with Court of Appeals Decision
34 Individual Carbamates (Includes 6 individual carbamates with
CERCLA RQs adjusted previously under 50 FR 13456 and 60 FR
30926).
5 Carbamate-Related Waste Streams.
Diagram 3.—RQ Adjustment for CERCLA Hazardous Substances
December 4, 2003 Proposed Rule
68 FR 67916
28 Individual Carbamates (34 individual carbamates less the 6 individual carbamates with RQ adjustments under 50 FR 13456 and 60
FR 30926).
5 Carbamate-Related Waste Streams.
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FINAL RULE
FINAL CERCLA RQ Adjustments for 28 Individual Carbamates and 5
Carbamate-Related Waste Streams
Eleven of the individual substances
with RQ adjustments in this final rule
are also EPCRA section 302 EHSs. For
the names of these 11 substances, see
the revisions to Appendices A and B of
40 CFR part 355, included at the end of
this final rule. In 1989, we proposed to
adjust the RQs for all the EPCRA EHSs.5
(See 54 FR 35988, Aug. 30, 1989.)
Except for the 11 substances included in
this rule, we finalized adjustments to
the RQs for all the EHSs at 61 FR 20473,
May 7, 1996. The adjusted RQs for these
11 substances are now finalized by this
action.
4 Note: Six of the 34 individual carbamates
already have their final adjusted RQs, see FN 2,
above.
5 We used the data from this August 30, 1989,
proposed rulemaking, as well as more recent data,
to support the RQ adjustments proposed for these
11 substances in this rule.
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III. Summary of This Action
A. What Is The Scope of This Rule?
In this final rule, we are adjusting the
one-pound statutory RQs for 28
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individual carbamates (one of which is
adjusted to a final RQ of one-pound)
and five carbamate-related waste
streams. In addition, EPA is adjusting
the one-pound statutory RQ of another
hazardous waste stream, K178, which is
unrelated to the carbamates addressed
in this rule (see Section III.G. of this
preamble for information regarding
K178). We based these adjustments on
specific scientific and technical criteria
that relate to the possibility of harm
from the release of a CERCLA hazardous
substance in certain amounts. RQs are
based, in part, on a determination of
possible or potential harm, but they are
not a determination that releases of a
particular amount of a hazardous
substance necessarily will harm the
public health, welfare, or the
environment. The quantity released is
just one factor that the Federal
government considers when it assesses
the need to respond to such a release.
Other factors include, but are not
limited to, the location of the release, its
proximity to drinking water supplies or
other valuable resources, and the
likelihood of exposure or injury to
nearby populations. The RQ
adjustments that EPA is finalizing in
this final rule will enable us to focus our
resources on those releases that are most
likely to pose potential threats to public
health, welfare, or the environment.
These RQ adjustments will also help to
relieve the regulated community and
emergency response personnel from the
burden of making and receiving reports
of releases that are unlikely to pose such
threats.
B. What Methodology Did EPA Use To
Adjust the RQs of the Individual
Carbamates?
EPA has wide discretion to adjust the
statutory RQs for hazardous substances
under CERCLA. Administrative
feasibility and practicality are important
considerations.
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1. RQ Adjustment Methodology
The methodology for adjusting the RQ
of an individual hazardous substance
begins with an evaluation of its intrinsic
physical, chemical, and toxicological
properties. These intrinsic properties—
called ‘‘primary criteria’’—are aquatic
toxicity, mammalian toxicity (oral,
dermal, and inhalation), ignitability,
reactivity, chronic toxicity, and
potential carcinogenicity.6 When there
6 For further information on assigning adjusted
RQs to hazardous substances under the primary
criteria, see the Technical Background Document to
Support Rulemaking Pursuant to CERCLA Section
102, Volume 2, August 1986 (for chronic toxicity),
Volume 3, July 1989 (for potential carcinogenicity),
and Volume 1, March 1985 (for the four other
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Jkt 208001
are sufficient data in the scientific
literature on the chronic toxicity and/or
potential carcinogenicity (two of the six
primary criteria) of a hazardous
substance, we evaluate and summarize
these data in a chemical-specific profile.
For each intrinsic property, EPA ranks
the hazardous substance on a five-tier
scale, associating a specific range of
values on each scale with an RQ value
of 1, 10, 100, 1,000, or 5,000 pounds.
Each hazardous substance may receive
several tentative RQ values based on the
primary criteria. The lowest of the
tentative RQs becomes the ‘‘primary
criteria RQ’’ for that substance.
After assigning the primary criteria
RQs, EPA evaluates the substances for
their susceptibility to certain
degradative processes. These natural
degradative processes, which we use as
‘‘secondary RQ adjustment criteria,’’ are
biodegradation, hydrolysis, and
photolysis (BHP). If a hazardous
substance, when released into the
environment, degrades relatively
rapidly to a less hazardous form by one
or more of the BHP processes, we
generally increase its RQ (as determined
by the primary RQ adjustment criteria)
by one level.7 Conversely, if a hazardous
substance degrades to a more hazardous
product after its release, we assign an
RQ equal to the RQ for the more
hazardous substance, which may be one
or more levels lower than the RQ for the
original substance.
2. Final RQ Adjustments
Following an extensive review of
available scientific literature on the 28
individual carbamates adjusted in this
final rule, we found that chronic
toxicity profiles were warranted for nine
of the 28 carbamates, and that potential
carcinogenicity profiles were warranted
for six of the 28 carbamates. EPA sought
comment on those 15 draft chemicalspecific profiles in its December 2003,
proposed rule. The Agency received no
comment on any of the 15 draft
chemical-specific profiles. RQs for
several of the substances included in
this rule are based, at least in part, on
the conclusions drawn in those profiles.
primary criteria), available for inspection at the
Superfund Docket in the EPA Docket Center, (EPA/
DC) EPA West, Room B102, 1301 Constitution Ave.,
NW., Washington, DC. These documents are not
available electronically; contact the Superfund
Docket and reference, ‘‘EPA–HQ–SFUND–2002–
0010–0043,’’ ‘‘EPA–HQ–SFUND–2002–0010–
0044,’’ and ‘‘EPA–HQ6–SFUND–2002–0010–0042,’’
respectively.
7 We do not raise an RQ level based on BHP if
the primary criterion RQ is already at its highest
possible level (100 pounds for potential carcinogens
and 5,000 pounds for all other types of hazardous
substances). The secondary adjustment criteria of
BHP are not applied to radionuclides.
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Three carbamates—bendiocarb,
benomyl, and thiophanate-methyl—had
BHP data that were a sufficient basis for
adjusting the primary criteria RQs for
these substances. Although several other
carbamates (e.g., propham) had BHP
data that suggest rapid degradation, the
evidence for most of these substances
was not conclusive. Therefore, no
adjustment to the RQs for the other 25
carbamates was proposed on the basis of
BHP.8 EPA sought additional
degradation data (e.g., data on BOD5
values and on half lives) for these 28
individual substances; 9 however, no
additional data were submitted in
response to this request for comment.
EPA could not locate acceptable data
on any of the primary or secondary
criteria for three of the 28 individual
carbamates in this proposed rule (see
Table 1). In the past, when the statutory
RQs of such data-poor hazardous
substances were adjusted, we used data
from chemically similar, surrogate
substances.10 Keeping with that
practice, we conducted an analysis of
other carbamates to identify potential
surrogate substances for the three datapoor hazardous substances.
Table 1 lists the chemically similar
carbamates EPA used as surrogates, and
8 To review a summary of the BHP data on the
28 carbamates included in this rule, see Exhibit 4–
3 of the Technical Background Document to
Support Rulemaking Pursuant to CERCLA Section
102, Volume 8, available for inspection at the
Superfund Docket in the EPA Docket Center, (EPA/
DC) EPA West, Room B102, 1301 Constitution Ave.,
NW., Washington, DC. This document is not
available electronically; contact the Superfund
Docket and reference, ‘‘EPA–HQ–SFUND–2002–
0010–0048.’’
9 One or more of the following criteria should be
met for a hazardous substance to qualify for further
RQ adjustment based on BHP: (1) Biodegradation:
the substance must have a five-day biochemical
oxygen demand (BOD5) that equals or exceeds 50
percent of the theoretical oxygen demand as
calculated based on stoichiometric oxidation; and
(2) Hydrolysis/Photolysis: the half-life of the
substance in the environment must be five days or
less. For further information on the methodology for
applying BHP, see the Technical Background
Document to Support Rulemaking Pursuant to
CERCLA Section 102, Volume 1, March 1985,
available for inspection at the Superfund Docket in
the EPA Docket Center, (EPA/DC) EPA West, Room
B102, 1301 Constitution Ave., NW., Washington,
DC. This document is not available electronically;
contact the Superfund Docket and reference, ‘‘EPA–
HQ–SFUND–2002–0010–0042.’’
10 We used surrogate substances for the
carbamates with primary criteria data that are
chemically similar, based primarily on structural
analogy, to the data-poor substances. For further
information and examples of EPA’s use of surrogate
data to adjust RQs of hazardous substances, see
Section 2 of the Technical Background Document
to Support Rulemaking Pursuant to CERCLA
Section 102, Volume 8, available for inspection at
the Superfund Docket in the EPA Docket Center,
(EPA/DC) EPA West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. This document is not
available electronically; contact the Superfund
Docket and reference, ‘‘EPA–HQ–SFUND–2002–
0010–0048.’’
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Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Rules and Regulations
the RQs that we proposed and now
assign to each data-poor substance
based on its chemically similar
surrogate.11 We requested primary and
secondary criteria data on these three
data-poor substances and solicited
comment in the December 2003
proposal, as well as the choice of
surrogate substances used to adjust the
RQs for these three carbamates;
47111
however, we received no data or
comment on these three data-poor
substances or choice of surrogate
substances.
TABLE 1.—RQS FOR THE DATA-POOR CARBAMATES
RQ
(pounds)
Data-poor carbamate
Surrogate
Bendiocarb phenol ..........................................................................
Carbofuran phenol ..........................................................................
Manganese dimethyldithiocarbamate .............................................
Bendiocarb ......................................................................................
Carbofuran ......................................................................................
Ziram ...............................................................................................
Note that in Table 2 below, we
proposed, and now assign as proposed,
different RQs for the data-poor
carbamate/surrogate pair of Bendiocarb
phenol (data-poor carbamate) and
Bendiocarb (its surrogate) as shown in
Table 1, above. In Table 2, EPA applied
the secondary criteria of BHP to adjust
the RQ for bendiocarb to 100 pounds.
Due to structural differences between
the two substances, it was not
appropriate to apply the BHP data for
bendiocarb to bendiocarb phenol.
Therefore, the final adjusted RQ for
bendiocarb phenol is 1000 pounds. (see
Tables 1 and 2).
C. What Are the Final Adjusted RQs for
the Individual Carbamates?
Table 2 lists the chemical names,
CASRNs, and final adjusted RQs for the
1000
10
10
28 individual carbamates included in
this final rule. The final adjusted RQs
for 27 of the 28 individual carbamates
were raised from their statutory onepound levels; one of the 28 individual
carbamates ‘‘Dimetilan’’ was adjusted to
a final RQ of one-pound.
TABLE 2.—FINAL ADJUSTED RQS FOR 28 INDIVIDUAL CARBAMATES
Chemical name
CASRN
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A2213 .......................................................................................................................................................................
Aldicarb sulfone .......................................................................................................................................................
Barban .....................................................................................................................................................................
Bendiocarb ...............................................................................................................................................................
Bendiocarb phenol ...................................................................................................................................................
Benomyl ...................................................................................................................................................................
Carbendazim ............................................................................................................................................................
Carbofuran phenol ...................................................................................................................................................
Carbosulfan ..............................................................................................................................................................
m-Cumenyl methylcarbamate ..................................................................................................................................
Diethylene glycol, dicarbamate ................................................................................................................................
Dimetilan ..................................................................................................................................................................
Formetanate hydrochloride ......................................................................................................................................
Formparanate ..........................................................................................................................................................
Isolan .......................................................................................................................................................................
Manganese dimethyldithiocarbamate ......................................................................................................................
Metolcarb .................................................................................................................................................................
Oxamyl .....................................................................................................................................................................
Physostigmine salicylate ..........................................................................................................................................
Physostigmine ..........................................................................................................................................................
Promecarb ...............................................................................................................................................................
Propham ..................................................................................................................................................................
Prosulfocarb .............................................................................................................................................................
Thiodicarb ................................................................................................................................................................
Thiophanate-methyl .................................................................................................................................................
Tirpate ......................................................................................................................................................................
Triallate ....................................................................................................................................................................
Ziram ........................................................................................................................................................................
11 These three data-poor carbamates also are
included in the list of 28 individual carbamates that
appear in Table 2. For further information on the
three data-poor carbamates and the chemicallysimilar, surrogate substances that EPA has
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15:48 Aug 15, 2006
Jkt 208001
identified, see Section 3 of the Technical
Background Document to Support Rulemaking
Pursuant to CERCLA Section 102, Volume 8,
available for inspection at the Superfund Docket in
the EPA Docket Center, (EPA/DC) EPA West, Room
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
30558–43–1
1646–88–4
101–27–9
22781–23–3
22961–82–6
17804–35–2
10605–21–7
1563–38–8
55285–14–8
64–00–6
5952–26–1
644–64–4
23422–53–9
17702–57–7
119–38–0
15339–36–3
1129–41–5
23135–22–0
57–64–7
57–47–6
2631–37–0
122–42–9
52888–80–9
59669–26–0
23564–05–8
26419–73–8
2303–17–5
137–30–4
Final adjusted
RQ
(pounds)
5000
100
10
100
1000
10
10
10
1000
10
5000
1
100
100
100
10
1000
100
100
100
1000
1000
5000
100
10
100
100
10
B102, 1301 Constitution Ave., NW., Washington,
DC. This document is not available electronically;
contact the Superfund Docket and reference, ‘‘EPA–
HQ–SFUND–2002–0010–0048.’’
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Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Rules and Regulations
D. What Methodology Did EPA Use To
Assign RQs for the Carbamate-Related
Waste Streams?
In addition to the 28 individual
carbamate hazardous substances, we
also proposed and now assign RQs for
the five carbamate-related RCRA
hazardous waste streams (K156, K157,
K158, K159, and K161). As described
below, the methodology used to assign
RQs to the RCRA F- and K-hazardous
waste streams differs from the standard
methodology used to adjust individual
hazardous substances described in
Section III.B.1, above.
1. RQ Assignment Methodology for Fand K-Hazardous Waste Streams
The methodology to assign RQs to
RCRA F- and K-hazardous waste
streams is based on an analysis of the
hazardous constituents of the waste
streams. Specifically, EPA identifies the
constituents of concern in each RCRA
hazardous waste stream in 40 CFR part
261, Appendix VII. We then determine
the RQ for each constituent within that
waste stream and assign the lowest RQ
value of the constituents as the RQ for
the waste stream. We also used this
same methodology to adjust the RQ for
K178 (see Section III.G. for more
information).
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2. RQ Assignments for the CarbamateRelated Waste Streams
In the February 1995 final rule, five
carbamate-related waste streams were
assigned the statutory one-pound RQ
required by CERCLA section 102(b).
(See 60 FR 7824, Feb. 9, 1995.) In the
December 2003 proposed rule, EPA
used its standard methodology for
assigning RQs for RCRA waste streams
and assigned a one-pound final RQ for
waste stream K161 and 10-pound final
RQs for the remaining four carbamaterelated waste streams (K156, K157,
K158, and K159). The assigned RQs are
based on the constituent(s) with the
lowest RQ within each of the waste
streams. This rule assigns the final RQs
to each of the five carbamate-related
hazardous waste streams as proposed.
Table 3 lists the constituents and
constituent RQs of each of the five
carbamate-related hazardous waste
streams.
TABLE 3.—CONSTITUENTS OF FIVE
CARBAMATE-RELATED
WASTE
STREAMS
Carbamate waste stream
constituents
RQ
(pounds)
K156 .........................................
benomyl .................................
carbaryl .................................
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15:48 Aug 15, 2006
10
10
100
Jkt 208001
b. Response To Comment—Application
TABLE 3.—CONSTITUENTS OF FIVE
CARBAMATE-RELATED
WASTE of Mixture Rule to Listed Wastes
STREAMS—Continued
Since the commenter did not provide
Carbamate waste stream
constituents
carbendazim ..........................
carbofuran .............................
carbosulfan ............................
formaldehyde ........................
methylene chloride ................
triethylamine ..........................
K157 .........................................
carbon tetrachloride ..............
formaldehyde ........................
methyl chloride ......................
methylene chloride ................
pyridine ..................................
triethylamine ..........................
K158 .........................................
benomyl .................................
carbendazim ..........................
carbofuran .............................
carbosulfan ............................
chloroform .............................
methylene chloride ................
K159 .........................................
benzene ................................
butylate ..................................
EPTC .....................................
molinate .................................
pebulate ................................
vernolate ...............................
K161 .........................................
antimony ................................
arsenic ...................................
metam sodium ......................
ziram .....................................
RQ
(pounds)
10
10
1000
100
1000
5000
10
10
100
100
1000
1000
5000
10
10
10
10
1000
10
1000
10
10
100
1000
10
100
100
1
5000
1
10
10
any information to support a higher RQ
for EPA Hazardous Waste Nos. K156
and K157, we are maintaining the 10
pound RQ for these two hazardous
substances. With respect to the mixture
rule, 40 CFR 302.6(b)(1) provides
notification requirements where the
quantity of all of the hazardous
constituents of the mixture or solution
is known and where the quantity of one
or more of the hazardous constituent(s)
of the mixture or solution is unknown.
Note: The Agency has issued guidance on
applying the mixture rule for reporting
purposes (EPA publication, ‘‘Questions and
Answers on Release Notification
Requirements and Reportable Quantity
Adjustments,’’ specifically questions 37–40
and Exhibit 1—Mixture Rule Scenarios.) 13
Application of the mixture rule may
be most useful when the concentration
levels of all the hazardous constituents
in a particular carbamate waste stream
are known and when an RQ or more of
any hazardous constituent is released.
For the carbamate waste streams
addressed in this rule, appropriate use
of the mixture rule may help reduce the
burden of notification requirements for
the regulated community, while
adequately protecting public health and
welfare and the environment.
In response to the proposed rule, 68
FR 67916, Dec. 4, 2003, EPA received
one comment 12 regarding the 10-pound
RQ assigned to K156 and K157. The
commenter represents a manufacturer of
carbamate products and is familiar with
EPA’s 1994 RCRA carbamate
rulemaking process. The commenter
would like to see higher RQs assigned
for the K156 and K157 process wastes,
although he acknowledges the Agency’s
policies in assigning RQs for waste
streams.
The commenter also requested that,
‘‘EPA provide clear guidance and
examples of how the CERCLA RQ
mixture rule applies to reporting
scenarios where the waste is K156 or
K157, but contains none of the above
constituents, or contains one or more of
these constituents at known
concentrations.’’
E. What Conforming Changes Are Made
to 40 CFR Table 302.4 and Its Appendix
A?
EPA is modifying the entries in 40
CFR table 302.4—List of Hazardous
Substances and Reportable Quantities,
for the carbamates added by the
February 1995, final rule. Specifically,
we are revising the entries for the
chemical names of the carbamates in the
‘‘Hazardous substance’’ column of table
302.4 to reflect the chemical names for
these substances as they appear in the
RCRA tables of hazardous wastes at 40
CFR 261.33(e) and (f).
For example, the February 1995, final
rule lists two names for each individual
carbamate in table 302.4—a chemical
name and a synonym in parenthesis.
However, whereas that final rule
alphabetically lists these two names as
separate entries in the RCRA tables of
hazardous wastes in 40 CFR 261.33, it
only adds one entry for each carbamate
to the list of hazardous substances.
Because each of the 28 individual
carbamates included in this final rule
12 You can view the full comment (e-mail) by
going to: www.regulations.gov, clicking on
‘‘Advanced Search’’ in the bar at the top of the page,
then ‘‘Document Search.’’ Search for the document,
‘‘EPA–HQ–SFUND–2002–0010–0115.’’
13 You can view this publication by going to:
www.regulations.gov, clicking on ‘‘Advanced
Search’’ in the bar at the top of the page, then
‘‘Document Search.’’ Search for the document,
‘‘EPA–HQ–SFUND–2002–0010–0115.’’
a. Comment Received on the Proposed
RQ Adjustment for K156 and K157
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Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Rules and Regulations
has at least two separate entries in the
RCRA tables of hazardous wastes, we
are listing each of them as separate
entries in table 302.4. To effectuate this
change, this rule removes the previously
listed names for these hazardous
substances and adds the chemical
names and synonyms as separate entries
in table 302.4. We believe that these
changes to table 302.4 will improve
consistency between the chemical lists
under RCRA and CERCLA and help to
make carbamate synonyms easier to find
in the tables.
We have also made these conforming
changes to entries in Appendix A to
table 302.4 for the 28 carbamates added
to table 302.4, by the February 1995,
final rule.
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F. What Conforming Changes Are Made
to 40 CFR part 355?
Appendices A and B of 40 CFR part
355 list EHSs and their threshold
planning quantities (TPQs) under
EPCRA and their CERCLA RQs, where
applicable. Eleven of the individual
carbamates with RQs adjusted by this
final rule are also EHSs and CERCLA
hazardous substances. In this final rule,
EPA is revising Appendices A and B of
40 CFR part 355 to include those
adjusted RQs. You can see the revisions
to Appendices A and B at the end of this
final rule for the names of the
individual carbamates.
G. What Final RQ Is Assigned to the
K178 Waste?
Section III.D.1 above describes the
Agency’s standard methodology for
assigning RQs for RCRA F- and Khazardous waste streams, a process that
is based on an analysis of the hazardous
constituents of each waste identified in
40 CFR part 261, Appendix VII. We
determine an RQ for each constituent
and establish the lowest RQ value of all
of the constituents as the assigned RQ
for the hazardous waste stream. When
there are hazardous constituents
identified in the waste stream that are
not individual CERCLA hazardous
substances, EPA develops an RQ for
those constituents in order to assign an
appropriate RQ to the waste stream. (See
48 FR 23552, May 25, 1983.) In other
words, we derive the RQ for a RCRA
hazardous waste stream based on the
lowest RQ of all of the hazardous
constituents identified for that waste in
Appendix VII of 40 CFR Part 261,
regardless of whether all of the
constituents are CERCLA hazardous
substances.
In September 2000, EPA published a
proposed rule to list three waste streams
from the inorganic chemical
manufacturing industry as RCRA
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15:48 Aug 15, 2006
Jkt 208001
hazardous wastes in 40 CFR 261.32 and
as CERCLA hazardous substances in 40
CFR 302.4. (See 65 FR 55684, Sept. 14,
2000.) In that rule, we proposed to
adjust the statutory one-pound RQ for
two of the three waste streams, K176
and K177. Waste stream K178 contained
two hazardous constituents: thallium,
which is a CERCLA hazardous
substance with a 1,000-pound RQ, and
manganese, which is not a CERCLA
hazardous substance identified in 40
CFR 302.4 and does not have an RQ.
Because EPA did not develop an RQ for
manganese in time for the September
2000, proposed rule, we did not propose
to adjust the statutory one-pound RQ for
K178 in that rule.
Numerous commenters to the
September 2000, proposed rule objected
to using manganese as a basis for listing
K178 as a hazardous waste, citing
potential adverse impacts to many
industries. Although EPA believed that
manganese poses significant issues that
ultimately should be resolved, the courtordered schedule for the hazardous
waste listings provided no flexibility to
address those issues fully before
finalizing the listings. For that reason, in
the November 2001, final rule, EPA
deferred final action on adding
manganese to Appendix VII of 40 CFR
part 261 as a basis for listing K178 as a
hazardous waste. (See 66 FR 58258,
Nov. 20, 2001.) The final hazardous
waste listing for K178 was based solely
on thallium.14 As a result, we proposed
an RQ of 1,000 pounds for the K178
waste stream, which is based on the
constituent RQ for thallium. This rule
assigns the final RQ for the K178 waste
stream as proposed.
a. Comment Received on the Proposed
RQ Adjustment for K178
In response to the proposed rule
published in December 2003, EPA
received one comment15 regarding the
1,000-pound RQ assigned to K178. The
commenter represents a production
facility directly affected by the K178
listing. The commenter expresses
support for the 1,000 pound RQ
assigned to the K178 listed hazardous
waste and believes that the basis for the
adjustment (RQ for thallium) is sound
for use in the establishment of the
1,000-pound RQ. Because the individual
14 Note that EPA also modified the listing
description in the November 2001 final rule to read,
‘‘Residues from manufacturing and manufacturingsite storage of ferric chloride from acids formed
during the production of titanium dioxide using the
chloride-ilmenite process.’’
15 You can view the full comment (email) by
going to: www.regulations.gov, clicking on
‘‘Advanced Search’’ in the bar at the top of the page,
then ‘‘Document Search.’’ Search for the document,
‘‘EPA–HQ–SFUND–2002–0011–0018.’’
PO 00000
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47113
containers of K178 hazardous wastes
used for accumulation and
transportation to an off-site RCRA
hazardous waste treatment facility will
contain more than 1,000 pounds, the
commenter also requests that EPA
discuss, ‘‘the proper application, with
examples, of the CERCLA RQ mixture
rule to listed wastes such as K178.’’
b. Response to Comment—Application
of Mixture Rule to Listed Wastes
As described above (see section
III.D.2.b.), where the person in charge
has knowledge of the specific
constituent mix of the hazardous waste
stream, it may be appropriate to use the
mixture rule to determine whether there
has been a release above an RQ for that
waste stream consistent with the known
constituent mixture of the hazardous
waste stream. For example, for the
inorganic chemical manufacturing
process waste stream K178, the RQ is
based on the constituent thallium;
however, there are other constituents
(nonhazardous) that make up the waste
stream. If the person in charge knows
the relative amounts of thallium to
nonhazardous constituents in his waste
stream, it may be appropriate to use the
mixture rule for RQ purposes for that
waste stream. It is important to note that
attenuation of the waste stream for the
purpose of diluting the relative amount
of thallium is inconsistent with the
intent of the mixture rule.
IV. Statutory and Regulatory Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993) and is therefore
not subject to the review under the EO.
B. Paperwork Reduction Act
This action does not impose any new
information collection burden. This
final rule represents a reduction in the
burden for both industry and the
government because we are raising the
RQs for all but two of the substances
included in this final rule. The Office of
Management and Budget (OMB) has
previously approved the information
collection requirements contained in the
existing regulations 40 CFR 302 and 40
CFR 355 under the provisions of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq. and has assigned OMB
control number 2050–0046, EPA ICR
number 1049.10 and OMB control
number 2050–0086, EPA ICR number
1445.06. A copy of the OMB approved
Information Collection Requests (ICRs)
may be obtained from Susan Auby,
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Collection Strategies Division; U.S.
Environmental Protection Agency
(2822T); 1200 Pennsylvania Ave., NW.,
Washington, DC 20460 or by calling
(202) 566–1672.
The proposed rule estimated that the
annual reporting and recordkeeping
burdens associated with reports to the
NRC will be reduced by approximately
720 hours (ICR No. 1049.09) and to
SERCs and LEPCs by 880 hours (ICR No.
1395.04). That estimate was based on
reports received for the period 1995
through 1999. Based on the period 2000
through 2002 (there was only one
reported release) the estimated annual
reporting and recordkeeping burdens
associated with reports to the NRC will
be reduced by 3 hours and to SERCs and
LEPCs by 9 hours.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of this rule on small entities, small
entity is defined as: (1) A small business
that has fewer than 1000 or 100
employees per firm depending upon the
SIC code the firm primarily is classified;
(2) a small governmental jurisdiction
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that is a government of a city, county,
town, school district or special district
with a population of less than 50,000;
and (3) a small organization that is any
not-for-profit enterprise which is
independently owned and operated and
is not dominant in its field.
After considering the economic
impacts of this final rule on small
entities, I hereby certify that this action
will not have a significant economic
impact on a substantial number of small
entities. In determining whether a rule
has a significant economic impact on a
substantial number of small entities, the
impact of concern is any significant
adverse economic impact on small
entities, since the primary purpose of
the regulatory flexibility analyses is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the
proposed rule on small entities.’’ 5
U.S.C. 603 and 604. Thus, an agency
may certify that a rule will not have a
significant economic impact on a
substantial number of small entities if
the rule relieves regulatory burden, or
otherwise has a positive economic effect
on all of the small entities subject to the
rule.
We have therefore concluded that this
final rule will relieve regulatory burden
for small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most costeffective or least burdensome alternative
that achieves the objectives of the rule.
The provisions of section 205 do not
apply when they are inconsistent with
applicable law. Moreover, section 205
allows EPA to adopt an alternative other
than the least costly, most cost-effective
or least burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
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significantly or uniquely affect small
governments, including tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials to have meaningful and timely
input in the development of EPA
regulatory proposals with significant
Federal intergovernmental mandates,
and informing, educating, and advising
small governments on compliance with
the regulatory requirements.
This rule contains no Federal
mandates (under the regulatory
provisions of Title II of the UMRA) for
State, local or tribal governments or the
private sector. The rule imposes no
enforceable duty on any State, local, or
tribal governments. EPA also has
determined that this rule contains no
regulatory requirements that might
significantly or uniquely affect small
governments. In addition, as discussed
above, the private sector is not expected
to incur costs exceeding $100 million.
Thus, this final rule is not subject to the
requirements of Sections 202 and 205 of
UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, Aug. 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
This final rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This rule
directly affects manufacturers, handlers,
transporters, and other users of
carbamates that may release them into
the environment; in addition, entities
that may release K178 hazardous waste
will also be affected. There are no State
and local government bodies that incur
direct compliance costs by this
rulemaking. Thus, Executive Order
13132 does not apply to this rule.
In the spirit of Executive Order 13132,
and consistent with EPA policy to
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promote communications between EPA
and State and local governments, EPA
specifically solicited comment on the
proposed rule from State and local
officials.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, Nov. 9, 2000), requires EPA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This final rule does not
have tribal implications, as specified in
Executive Order 13175. This rule does
not significantly or uniquely affect the
communities of Indian tribal
governments, nor would it impose
substantial direct compliance costs on
them. Thus, Executive Order 13175 does
not apply to this rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The Executive Order 13045:
‘‘Protection of Children From
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997)
applies to any rule that: (1) Is
determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency.
This final rule is not subject to the
Executive Order because it is not
economically significant as defined in
Executive Order 12866, and because the
Agency does not have reason to believe
the environmental health or safety risks
addressed by this action present a
disproportionate risk to children.
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H. Executive Order 13211: Energy
Effects
This rule is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) because it is
not a significant regulatory action under
Executive Order 12866.
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I. National Technology Transfer and
Advancement Act
As noted in the proposed rule,
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law.
No. 104–113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. The NTTAA directs EPA to
provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
The action does not involve technical
standards. Therefore, EPA did not
consider the use of any voluntary
consensus standards.
J. The Congressional Review Act (5
U.S.C. 801 et seq., as Added by the
Small Business Regulatory Enforcement
Fairness Act of 1996)
The Congressional Review Act, 5
U.S.C. 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. EPA submitted a
report containing this final 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 in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2). This
rule will be effective September 15,
2006.
List of Subjects
40 CFR Part 302
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
Intergovernmental relations, Natural
resources, Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
40 CFR Part 355
Environmental protection, Air
pollution control, Disaster assistance,
Hazardous substances, Hazardous
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47115
waste, Intergovernmental relations,
Natural resources, Penalties, Reporting
and recordkeeping requirements,
Superfund, Water pollution control,
Water supply.
Dated: August 9, 2006.
Stephen L. Johnson,
Administrator.
For the reasons set out in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as
follows:
I
PART 302—DESIGNATION,
REPORTABLE QUANTITIES, AND
NOTIFICATION
1. The authority citation for part 302
continues to read as follows:
I
Authority: 42 U.S.C. 9602, 9603, 9604; 33
U.S.C. 1321 and 1361.
2. Table 302.4 in § 302.4 is amended
by removing the following entries: ‘‘1,3Benzodioxol-4-ol, 2,2-dimethyl-,
(Bendiocarb phenol)’’, ‘‘1,3Benzodioxol-4-ol, 2,2-dimethyl-, methyl
carbamate (Bendiocarb)’’, ‘‘7Benzofuranol, 2,3-dihydro-2,2–
dimethyl-(Carbofuran phenol)’’,
‘‘Benzoic acid, 2–hydroxy-, compd. with
(3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8trimethylpyrrolo[2,3b]indol-5-yl
methylcarbamate ester (1:1)
(Physostigmine salicylate)’’, ‘‘Carbamic
acid, 1H-benzimidazol-2-yl, methyl
ester (Carbendazim)’’, ‘‘Carbamic acid,
[1-[(butylamino)carbonyl]-1Hbenzimidazol-2-yl, methyl ester
(Benomyl)’’, ‘‘Carbamic acid, (3chlorophenyl)-, 4-chloro-2-butynyl ester
(Barban)’’, ‘‘Carbamic acid,
[(dibutylamino)thio]methyl-, 2,3dihydro-2,2-dimethyl-7benzofuranyl
ester (Carbosulfan)’’, ‘‘Carbamic acid,
dimethyl-,1[(dimethylamino)carbonyl]5-methyl-1H-pyrazol-3-yl ester
(Dimetilan)’’, ‘‘Carbamic acid, dimethyl, 3-methyl-1-(1methylethyl)-1H-pyrazol5-yl ester (Isolan)’’, ‘‘Carbamic acid,
methyl-, 3-methylphenyl ester
(Metolcarb)’’, ‘‘Carbamic acid,
[1,2phenylenebis
(iminocarbonothioyl)]bis-, dimethyl
ester (Thiophanate-methyl)’’, ‘‘Carbamic
acid, phenyl-, 1-methylethyl ester
(Propham)’’, ‘‘Carbamothioic acid, bis(1methylethyl)-, S-(2,3,3-trichloro-2propenyl) ester (Triallate)’’,
‘‘Carbamothioic acid, dipropyl-, S(phenylmethyl) ester (Prosulfocarb)’’,
‘‘1,3-Dithiolane-2-carboxaldehyde, 2,4dimethyl-, O[(methylamino)carbonyl]oxime
(Tirpate)’’, ‘‘Ethanimidothioci acid, 2(dimethylamino-N-hydroxy-2-oxo-,
methyl ester (A2213)’’,
‘‘Ethanimidothoic acid, 2(dimethylamino)-NI
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[[(methylamino)carbonyl]oxy]-2-oxo-,
methyl ester (Oxamyl)’’,
‘‘Ethanimidothioic acid, N,N’[thiobis[(methylimino)
carbonyloxy]]bis-, dimethyl ester
(Thiodicarb)’’, ‘‘Ethanol, 2,2’oxybis-,
dicarbamate (Diethylene glycol,
dicarbamate)’’, ‘‘Manganese,
bis(dimethylcarbamodithioato-S,S’)(Manganese dimethyldithiocarbamate)’’,
‘‘Methanimidamide, N,N-dimethyl-N’[3-
[[(methylamino)carbonyl]oxy]phenyl]-,
monohydrochloride (Formetanate
hydrochloride)’’, ‘‘Methanimidamide,
N,N-dimethyl-N’-[2-methyl-4[[(methylamino)carbonyl]oxy]phenyl](Formparanate)’’, ‘‘Phenol, 3-(lmethylethyl)-, methyl carbamate (mCumenyl methylcarbamate)’’, ‘‘Phenol,
3-methyl-5-(l-methylethyl)-, methyl
carbamate (Promecarb)’’, ‘‘Propanal, 2methyl-2-(methylsulfonyl)-, O[(methylamino)carbonyl] oxime
(Aldicarb sulfone)’’, ‘‘Pyrrolo[2,3b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro1,3a,8-trimethyl-, methylcarbamate
(ester), (3aS-cis)-(Physostigmine)’’,
‘‘Zinc, bis(dimethylcarbamodithioatoS,S’)-(Ziram)’’, ‘‘K156’’, ‘‘K157’’,
‘‘K158’’, ‘‘K159’’, ‘‘K161’’, and K178’’.
I 3. Table 302.4 in § 302.4 is amended
by adding the following new entries in
alphabetical order, as set forth below
(applicable footnotes have been
republished without change):
TABLE 302.4.—LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES
[Note: All comments/notes are located at the end of this table]
Hazardous substance
CASRN
Statutory
code†
RCRA
waste No.
Final RQ
pounds
(Kg)
A2213 ...............................................................................................................................
30558431
4
U394
5000 (2270)
*
*
*
*
Aldicarb sulfone ................................................................................................................
*
1646884
*
4
P203
*
100 (45.4)
*
*
*
*
Barban ..............................................................................................................................
*
101279
*
4
U280
10 (4.54)
*
*
*
*
Bendiocarb .......................................................................................................................
Bendiocarb phenol ...........................................................................................................
Benomyl ............................................................................................................................
*
22781233
22961826
17804352
*
4
4
4
U278
U364
U271
*
100 (45.4)
1000 (454)
10 (4.54)
*
*
*
*
1,3-Benzodioxol-4-ol, 2,2-dimethyl- ..................................................................................
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate ...................................................
*
22961826
22781233
*
4
4
U364
U278
*
1000 (454)
100 (45.4)
*
*
*
*
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl- .......................................................................
*
1563388
*
4
U367
*
*
*
*
Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8trimethylpyrrolo[2,3-b]indol-5-yl methylcarbamate ester (1:1) ......................................
*
*
*
*
10 (4.54)
*
4
P188
*
*
*
*
Carbamic acid, 1H-benzimidazol-2-yl, methyl ester ........................................................
Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol-2-yl]-,methyl ester ...............
Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester .............................................
Carbamic acid, [(dibutylamino)-thio]methyl-, 2,3-dihydro-2,2-dimethyl-7-benzofuranyl
ester ..............................................................................................................................
Carbamic acid, dimethyl-,1-[(dimethyl-amino)carbonyl]-5-methyl-1H-pyrazol-3-yl ester
Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl ester ...................
*
10605217
17804352
101279
*
4
4
4
U372
U271
U280
10 (4.54)
10 (4.54)
10 (4.54)
55285148
644644
119380
4
4
4
P189
P191
P192
1000 (454)
1 (0.454)
100 (45.4)
*
*
*
*
Carbamic acid, methyl-, 3-methylphenyl ester .................................................................
*
1129415
*
4
P190
*
1000 (454)
*
*
*
*
Carbamic acid, [1,2-phenylenebis(iminocarbonothioyl)]bis-, dimethyl ester ....................
Carbamic acid, phenyl-, 1-methylethyl ester ....................................................................
*
23564058
122429
*
4
4
U409
U373
10 (4.54)
1000 (454)
*
*
*
*
Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester .................
Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester ....................................................
Carbendazim ....................................................................................................................
Carbofuran phenol ............................................................................................................
*
2303175
52888809
10605217
1563388
*
4
4
4
4
U389
U387
U372
U367
*
100 (45.4)
5000 (2270)
10 (4.54)
10 (4.54)
*
*
*
*
Carbosulfan ......................................................................................................................
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57647
100 (45.4)
*
55285148
*
4
P189
*
1000 (454)
*
*
*
*
*
*
m-Cumenyl methylcarbamate ..........................................................................................
*
64006
*
4
P202
10 (4.54)
*
*
*
*
Diethylene glycol, dicarbamate ........................................................................................
*
5952261
*
4
U395
*
5000 (2270)
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TABLE 302.4.—LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES—Continued
[Note: All comments/notes are located at the end of this table]
Hazardous substance
CASRN
Statutory
code†
RCRA
waste No.
Final RQ
pounds
(Kg)
*
*
*
*
Dimetilan ...........................................................................................................................
*
644644
*
4
P191
1 (0.454)
*
*
*
*
1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-[(methylamino)-carbonyl]oxime .......
*
26419738
*
4
P185
*
100 (45.4)
*
*
*
*
Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-, methyl ester .....................
Ethanimidothioic
acid,
2-(dimethylamino)-N-[[(methylamino)carbonyl]oxy]-2-oxo-,
methyl ester ..................................................................................................................
*
30558431
*
4
U394
*
5000 (2270)
23135220
4
P194
100 (45.4)
*
*
*
*
Ethanimidothioic acid, N,N’- [thiobis[(methylimino) carbonyloxy]]bis-, dimethyl ester .....
*
59669260
*
4
U410
*
100 (45.4)
*
*
*
*
Ethanol, 2,2’-oxybis-, dicarbamate ...................................................................................
*
5952261
*
4
U395
*
5000 (2270)
*
*
*
*
Formetanate hydrochloride ..............................................................................................
*
23422539
*
4
P198
*
100 (45.4)
*
*
*
*
Formparanate ...................................................................................................................
*
17702577
*
4
P197
*
100 (45.4)
*
*
*
*
Isolan ................................................................................................................................
*
119380
*
4
P192
*
100 (45.4)
*
*
*
*
3-Isopropylphenyl N-methylcarbamate .............................................................................
*
64006
*
4
P202
*
*
*
*
Manganese, bis (dimethylcarbamodithioato-S,S’)- ..........................................................
*
15339363
*
4
P196
*
*
*
*
Manganese dimethyldithiocarbamate ...............................................................................
*
15339363
*
4
P196
*
10 (4.54)
*
10 (4.54)
*
*
10 (4.54)
*
*
*
*
Methanimidamide,
N,N-dimethyl-N’-[3-[[(methylamino)-carbonyl]oxy]phenyl]-,
monohydrochloride .......................................................................................................
Methanimidamide, N,N-dimethyl-N’-[2-methyl-4- [[(methylamino) carbonyl]oxy]phenyl]-
23422539
17702577
4
4
P198
P197
100 (45.4)
100 (45.4)
*
*
*
*
Metolcarb ..........................................................................................................................
*
1129415
*
4
P190
*
1000 (454)
*
*
*
*
Oxamyl .............................................................................................................................
*
23135220
*
4
P194
*
100 (45.4)
*
4
4
P202
P201
10 (4.54)
1000 (454)
*
*
*
*
Phenol, 3-(1-methylethyl)-, methyl carbamate .................................................................
Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate ..................................................
*
*
*
64006
2631370
*
*
*
57476
57647
*
4
4
P204
P188
*
100 (45.4)
100 (45.4)
*
*
*
*
Promecarb ........................................................................................................................
*
2631370
*
4
P201
*
1000 (454)
*
*
*
*
Propanal, 2-methyl-2-(methyl- sulfonyl)-, O-[(methylamino)carbonyl] oxime ...................
*
1646884
*
4
P203
*
100 (45.4)
*
*
*
*
Propham ...........................................................................................................................
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*
*
*
*
Physostigmine ..................................................................................................................
Physostigmine salicylate ..................................................................................................
*
122429
*
4
U373
*
1000 (454)
*
*
*
*
Prosulfocarb .....................................................................................................................
*
52888809
*
4
U387
*
5000 (2270)
*
*
*
*
Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a- hexahydro-1,3a,8-trimethyl-, methylcarbamate
(ester), (3aS-cis)- ..........................................................................................................
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*
*
57476
E:\FR\FM\16AUR1.SGM
4
16AUR1
*
P204
100 (45.4)
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TABLE 302.4.—LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES—Continued
[Note: All comments/notes are located at the end of this table]
Hazardous substance
CASRN
RCRA
waste No.
Statutory
code†
Final RQ
pounds
(Kg)
*
*
*
*
Thiodicarb .........................................................................................................................
*
59669260
*
4
U410
*
*
*
*
Thiophanate-methyl ..........................................................................................................
*
23564058
*
4
U409
10 (4.54)
*
*
*
*
Tirpate ..............................................................................................................................
*
26419738
*
4
P185
*
100 (45.4)
*
*
*
*
Triallate .............................................................................................................................
*
2303175
*
4
U389
*
100 (45.4)
*
*
*
*
Zinc, bis(dimethylcarbamodithioato-S,S’)- ........................................................................
*
137304
*
4
P205
*
*
*
*
Ziram ................................................................................................................................
*
137304
*
4
P205
*
*
*
*
K156 .................................................................................................................................
Organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl
oximes. (This listing does not apply to wastes generated from the manufacture
of 3-iodo-2-propynyl n-butylcarbamate.)
K157 .................................................................................................................................
Wastewaters (including scrubber waters, condenser waters, washwaters, and
separation waters) from the production of carbamates and carbamoyl oximes.
(This listing does not apply to wastes generated from the manufacture of 3iodo-2-propynyl 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-iodo-2-propynyl n-butylcarbamate.)
K159 .................................................................................................................................
Organics from the treatment of thiocarbamate wastes.
K161 .................................................................................................................................
Purification solids (including filtration, evaporation, and centrifugation solids), baghouse dust and floor sweepings from the production of dithiocarbamate acids
and their salts. (This listing does not include K125 or K126).
*
....................
*
4
K156
10 (4.54)
....................
4
K157
10 (4.54)
....................
4
K158
10 (4.54)
....................
4
K159
10 (4.54)
....................
4
K161
1 (0.454)
*
*
*
*
K178 .................................................................................................................................
Residues from manufacturing and manufacturing-site storage of ferric chloride
from acids formed during the production of titanium dioxide using the chlorideilmenite process.
*
....................
*
4
K178
*
1000 (454)
† Indicates
*
*
*
100 (45.4)
*
*
10 (4.54)
*
10 (4.54)
*
the statutory source as defined by 1, 2, 3, and 4, as described in the note preceding Table 302.4.
*
*
*
4. Appendix A to § 302.4 is amended
by revising the following entries, as set
forth below:
I
APPENDIX A TO § 302.4.—SEQUENTIAL CAS REGISTRY NUMBER LIST OF CERCLA HAZARDOUS SUBSTANCES
Hazardous substance
*
57476 .......
cprice-sewell on PROD1PC66 with RULES
CASRN
*
*
*
*
*
**
Physostigmine.
Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethyl-, methylcarbamate (ester), (3aS-cis)-.
Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo[2,3-b]indol-5-yl methylcarbamate
ester (1:1).
Physostigmine salicylate.
57647 .......
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Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Rules and Regulations
APPENDIX A TO § 302.4.—SEQUENTIAL CAS REGISTRY NUMBER LIST OF CERCLA HAZARDOUS SUBSTANCES—
Continued
CASRN
Hazardous substance
*
64006 .......
*
*
m-Cumenyl methylcarbamate.
3-Isopropylphenyl N-methylcarbamate.
Phenol, 3-(1-methylethyl)-, methyl carbamate.
*
*
*
*
*
101279 .....
*
*
*
Barban.
Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester.
*
*
*
*
119380 .....
*
*
*
Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl ester.
Isolan.
*
*
*
*
122429 .....
*
*
Carbamic acid, phenyl-, 1-methylethyl ester.
Propham.
*
*
*
*
*
137304 .....
*
*
Zinc, bis(dimethylcarbamodithioato-S,S’)-.
Ziram.
*
*
*
*
*
644644 .....
*
*
*
*
Carbamic acid, dimethyl-,1-[(dimethyl-amino)carbonyl]-5-methyl-1H-pyrazol-3-yl ester.
Dimetilan.
*
*
*
1129415 ...
*
*
Carbamic acid, methyl-, 3-methylphenyl ester.
Metolcarb.
*
*
*
*
*
1563388 ...
*
*
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-.
Carbofuran phenol.
*
*
*
*
*
1646884 ...
*
*
*
Aldicarb sulfone.
Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-[(methylamino)carbonyl] oxime.
*
*
*
*
2303175 ...
*
*
*
Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester.
Triallate.
*
*
**
*
2631370 ...
*
*
Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate.
Promecarb.
*
*
*
*
*
5952261 ...
*
Ethanol, 2,2’-oxybis-, dicarbamate.
Diethylene glycol, dicarbamate.
*
*
*
*
*
10605217
*
*
Carbamic acid, 1H-benzimidazol-2-yl, methyl ester.
Carbendazim.
*
*
*
*
*
15339363
*
*
Manganese, bis(dimethylcarbamodithioato-S,S’)-.
Manganese dimethyldithiocarbamate.
*
*
*
*
*
17702577
*
*
*
*
Formparanate.
Methanimidamide, N,N-dimethyl-N’-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]-.
Benomyl.
Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol-2-yl]-, methyl ester.
*
*
*
*
*
*
Bendiocarb.
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate.
Bendiocarb phenol.
1,3-Benzodioxol-4-ol, 2,2-dimethyl-.
Ethanimidothioic acid, 2-(dimethylamino)-N-[[(methylamino)carbonyl]oxy]-2-oxo-, methyl ester.
Oxamyl.
*
*
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17804352
*
22781233
22961826
23135220
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APPENDIX A TO § 302.4.—SEQUENTIAL CAS REGISTRY NUMBER LIST OF CERCLA HAZARDOUS SUBSTANCES—
Continued
CASRN
23422539
Hazardous substance
23564058
Methanimidamide, N,N-dimethyl-N’-[3-[[(methylamino)-carbonyl]oxy]phenyl]-, monohydrochloride.
Formetanate hydrochloride.
Carbamic acid, [1,2-phenylenebis(iminocarbonothioyl)]bis-, dimethyl ester.
Thiophanate-methyl.
*
26419738
*
*
*
*
1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-[(methylamino)-carbonyl]oxime.
Tirpate.
*
*
*
30558431
*
*
*
Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-, methyl ester.
A2213.
*
*
*
*
52888809
*
*
Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester.
Prosulfocarb.
*
*
*
*
55285148
*
*
*
*
Carbamic acid, [(dibutylamino)-thio]methyl-, 2,3-dihydro-2,2-dimethyl-7-benzofuranyl ester.
Carbosulfan.
*
*
*
59669260
*
*
*
*
Ethanimidothioic acid, N,N’-[thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester.
Thiodicarb.
*
*
*
*
*
*
*
PART 355—EMERGENCY PLANNING
AND NOTIFICATION
5. The authority citation for part 355
continues to read as follows:
I
*
*
*
Authority: 42 U.S.C. 11002, 11004, and
11048.
6. Appendix A in part 355 is amended
by revising the following entries, to read
as set forth below (footnotes ‘‘*’’ and
I
‘‘h’’ have been republished without
change):
APPENDIX A TO PART 355.—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING
QUANTITIES
[Alphabetical order]
CAS No.
Chemical name
*
*
Carbamic
Acid,
Methyl-,
yl)Methylene)Amino)-.
*
3-Dithiolan-2- ........................
*
*
644–64–4 ......
*
*
*
*
Dimetilan ........................................................................................................... ........................
*
*
23422–53–9 ..
*
*
*
*
Formetanate Hydrochloride ...............................................................................
*
*
17702–57–7 ..
*
*
*
*
Formparanate .................................................................................................... ........................
*
*
119–38–0 ......
*
*
*
*
Isopropylmethyl-pyrazolyl Dimethylcarbamate .................................................. ........................
*
*
1129–41–5 ....
cprice-sewell on PROD1PC66 with RULES
*
26419–73–8 ..
*
*
*
*
Metolcarb ........................................................................................................... ........................
*
*
23135–22–0 ..
*
*
*
*
Oxamyl .............................................................................................................. ........................
*
*
64–00–6 ........
*
*
*
*
Phenol, 3-(1-Methylethyl)-, Methylcarbamate ................................................... ........................
*
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*
O-(((2,4-Dimethyl-1,
Threshold
planning quantity
(pounds)
Reportable
quantity*
(pounds)
Notes
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100
1
16AUR1
*
500/10,000
100
*
500/10,000
100
(h)
*
100/10,000
*
100/10,000
*
100
500
1,000
*
100/10,000
100
*
100/10,000
10
*
500/10,000
47121
Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Rules and Regulations
APPENDIX A TO PART 355.—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING
QUANTITIES—Continued
[Alphabetical order]
CAS No.
Chemical name
Threshold
planning quantity
(pounds)
Reportable
quantity*
(pounds)
Notes
*
57–47–6 ........
57–64–7 ........
*
*
*
*
Physostigmine ................................................................................................... ........................
Physostigmine, Salicylate (1:1) ......................................................................... ........................
*
*
2631–37–0 ....
*
*
*
*
Promecarb .........................................................................................................
*
*
*
*
*
100
100
1,000
(h)
*
*
100/10,000
100/10,000
*
500/10,000
*
*
* Only the statutory or final RQ is shown. For more information, see 40 CFR Table 302.4.
Notes:
*
*
*
*
h Revised TPQ based on new or reevaluated toxicity data.
*
*
*
*
*
*
7. Appendix B in part 355 is amended
by revising the following entries, to read
as set forth below (footnotes ‘‘*’’ and
‘‘h’’ have been republished without
change):
I
APPENDIX B TO PART 355.—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING
QUANTITIES
[CAS number order]
CAS No.
Chemical name
*
57–47–6 ........
*
*
*
*
Physostigmine ................................................................................................... ........................
*
*
57–64–7 ........
*
*
*
*
Physostigmine, Salicylate (1:1) ......................................................................... ........................
*
*
64–00–6 ........
*
*
*
*
Phenol, 3-(1-Methylethyl)-, Methylcarbamate ................................................... ........................
*
*
119–38–0 ......
*
*
*
*
Isopropylmethyl-pyrazolyl Dimethylcarbamate .................................................. ........................
*
*
644–64–4 ......
*
*
*
*
Dimetilan ........................................................................................................... ........................
*
*
1129–41–5 ....
*
*
*
*
Metolcarb ........................................................................................................... ........................
*
*
2631–37–0 ....
*
*
*
*
Promecarb .........................................................................................................
*
*
17702–57–7 ..
*
*
*
*
Formparanate .................................................................................................... ........................
*
*
23135–22–0 ..
23422–53–9 ..
cprice-sewell on PROD1PC66 with RULES
Threshold
planning
quantity
(pounds)
Reportable
quantity*
(pounds)
Notes
*
*
*
*
Oxamyl .............................................................................................................. ........................
Formetanate Hydrochloride ...............................................................................
(h)
*
*
26419–73–8 ..
*
*
Carbamic
Acid,
Methyl-,
yl)Methylene)Amino)-.
*
*
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*
O-(((2,4-Dimethyl-1,
*
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*
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*
100/10,000
10
*
500/10,000
*
100
500
1
*
500/10,000
1,000
*
100/10,000
1,000
*
500/10,000
100
*
100/10,000
100
100
*
100/10,000
500/10,000
100
*
16AUR1
*
100/10,000
100
(h)
*
3-Dithiolan-2- ........................
*
100
*
100/10,000
*
47122
Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Rules and Regulations
*Only the statutory or final RQ is shown.
For more information, see 40 CFR Table
302.4.
Notes:
*
*
*
*
*
TPQ based on new or reevaluated toxicity data.
*
*
*
*
*
h Revised
[FR Doc. E6–13491 Filed 8–15–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 712
[EPA–HQ–OPPT–2005–0014; FRL–7764–9]
RIN 2070–AB08
Preliminary Assessment Information
Reporting; Addition of Certain
Chemicals
Environmental Protection
Agency (EPA).
ACTION: Final rule and Technical
corrections.
cprice-sewell on PROD1PC66 with RULES
AGENCY:
SUMMARY: This final rule, issued
pursuant to section 8(a) of the Toxic
Substances Control Act (TSCA), requires
certain manufacturers (including
importers) of certain High Production
Volume (HPV) Challenge Program
orphan (unsponsored) chemicals to
submit a one-time report on general
production/ importation volume, end
use, and exposure-related information to
EPA. The Interagency Testing
Committee (ITC), established under
section 4(e) of TSCA to recommend
chemicals and chemical mixtures to
EPA for priority testing consideration,
amends the TSCA Section 4(e) Priority
Testing List through periodic reports
submitted to EPA. The ITC recently
added certain HPV Challenge Program
orphan (unsponsored) chemicals to the
Priority Testing List in its 55th and 56th
ITC Reports, as amended by deletions to
this list made in its 56th and 58th ITC
Reports. Two tungsten oxide
compounds were added to the Priority
Testing List by the ITC in its 55th ITC
Report but were removed from the
Priority Testing List in the 58th ITC
Report. In addition, EPA is making
technical corrections to update the EPA
addresses to which submissions under
the Preliminary Assessment Information
Reporting (PAIR) rule must be mailed or
delivered. This update reflects the
completion of the Agency’s move to the
Federal Triangle complex in
Washington, DC.
DATES: This final rule is effective
September 15, 2006. However,
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15:48 Aug 15, 2006
Jkt 208001
§ § 712.28 and 712.30(c), which contain
technical corrections, are effective
August 16, 2006.
For purposes of judicial review, this
rule shall be promulgated at 1 p.m.
eastern daylight/standard time on
August 30, 2006. (See 40 CFR 23.5)
PAIR Forms must be submitted to
EPA on or before November 14, 2006.
A request to withdraw a chemical
from this PAIR rule, pursuant to 40 CFR
712.30(c), must be received on or before
August 30, 2006. (See Unit IV. of the
SUPPLEMENTARY INFORMATION.)
ADDRESSES: Docket. EPA has established
a docket for this action under docket
identification (ID) number EPA–HQ–
OPPT–2005–0014. All documents in the
docket are listed on the regulations.gov
web site. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically at https://
www.regulations.gov or in hard copy at
the OPPT Docket, EPA Docket Center
(EPA/DC), EPA West, Rm. B102, 1301
Constitution Ave., NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPPT
Docket is (202) 566–0280.
Submissions. For submission of PAIR
Forms and withdrawal requests, each of
which must be identified by docket ID
number EPA–HQ–OPPT–2005–0014,
see Unit III.D. and the regulatory text of
this document.
FOR FURTHER INFORMATION CONTACT: For
general information contact: Colby
Lintner, Regulatory Coordinator,
Environmental Assistance Division
(7408M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 554–1404; e-mail address:
TSCA-Hotline@epa.gov.
For technical information contact: Joe
Nash, Chemical Control Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–8886; fax number:
(202) 564–4765; e-mail address:
ccd.citb@epa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you manufacture (defined
by statute to include import) any of the
chemical substances that are listed in 40
CFR 712.30(e) of the regulatory text of
this document. Entities potentially
affected by this action may include, but
are not limited to:
• Chemical manufacturers (including
importers), (NAICS codes 325, 324110),
e.g., persons who manufacture (defined
by statute to include import) one or
more of the subject chemical substances.
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. The North
American Industrial Classification
System (NAICS) codes have been
provided to assist you and others in
determining whether this action might
apply to certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the technical person listed under FOR
FURTHER INFORMATION CONTACT.
B. How Do I Submit CBI Information?
Do not submit this information to EPA
through regulations.gov or e-mail.
Clearly mark the part or all of the
information that you claim to be CBI.
For CBI information in a disk or CD
ROM that you mail to EPA, mark the
outside of the disk or CD ROM as CBI
and then identify electronically within
the disk or CD ROM the specific
information that is claimed CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
II. Background
A. What Action is the Agency Taking?
EPA is issuing a PAIR rule under
TSCA section 8(a) which requires
certain manufacturers (including
importers) of certain voluntary HPV
Challenge Program orphan
(unsponsored) chemicals (as defined by
the ITC in its 55th, 56th, and 58th ITC
Reports (Refs. 1, 2, and 3)) added to the
ITC’s TSCA section 4(e) Priority Testing
List to submit production and exposure
reports. The regulatory text of this
document lists certain voluntary HPV
Challenge Program orphan
(unsponsored) chemicals that are being
added to the PAIR rule. (For additional
E:\FR\FM\16AUR1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 158 (Wednesday, August 16, 2006)]
[Rules and Regulations]
[Pages 47106-47122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13491]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 302 and 355
[EPA-HQ-SFUND-2002-0010; EPA-HQ-SFUND-2002-0011; FRL-8210-5]
RIN 2050-AE12
Reportable Quantity Adjustments for Carbamates and Carbamate-
Related Hazardous Waste Streams; Reportable Quantity Adjustment for
Inorganic Chemical Manufacturing Process Waste (K178)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule promulgates adjustments to the reportable quantities
under the Comprehensive Environmental Response, Compensation and
Liability Act for 28 individual carbamates and five carbamate-related
hazardous waste streams and for the inorganic chemical manufacturing
process waste K178 from their statutory one-pound reportable
quantities. All of the substances are listed as hazardous wastes under
the Resource Conservation and Recovery Act, and as hazardous substances
under the Comprehensive Environmental Response, Compensation and
Liability Act.
DATES: This final rule is effective on September 15, 2006.
ADDRESSES: EPA has established two dockets for this action under Docket
ID No. EPA-HQ-SFUND-2002-0010 and EPA-HQ-SFUND-2002-0011. All documents
in the dockets are listed on the https://www.regulations.gov Web site.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose
[[Page 47107]]
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the Superfund Docket, EPA/DC,
EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the
Superfund Docket is (202) 566-0270.
FOR FURTHER INFORMATION CONTACT: Lynn Beasley, Regulation and Policy
Development Division, Office of Emergency Management, Office of Solid
Waste and Emergency Response (5104A), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
(202) 564-1965; fax number: (202) 564-2625; e-mail address:
beasley.lynn@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Does This Action Apply to Me?
------------------------------------------------------------------------
Type of entity Examples of affected entities
------------------------------------------------------------------------
Industry.......................... Manufacturers, handlers,
transporters, and other users of
carbamates. These substances are
often used as insecticides,
fungicides, herbicides,
accelerators in the vulcanization
of rubber, or as chemical
intermediates in the manufacture of
drugs, pesticides, or resins. In
addition, entities that may release
K178 waste streams will also be
affected.
State, Local, or Tribal State Emergency Response
Governments. Commissions, and Local Emergency
Planning Committees.
Federal Government................ National Response Center, and any
Federal agency that may release
these carbamates and waste streams.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your facility, company, business, or organization is regulated by this
action, you should carefully examine the changes to 40 CFR parts 302
and 355. If you have questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
B. Outline of This Preamble
The contents of this preamble are listed in the following outline:
I. Introduction
A. What is the Statutory Authority for This Rulemaking?
B. What Types of Releases Are Exempt From These Reporting
Requirements?
II. Background
III. Summary of This Action
A. What Is the Scope of This Rule?
B. What Methodology Did EPA Use To Adjust the RQs of the
Individual Carbamates?
1. RQ Adjustment Methodology
2. Final RQ Adjustments
C. What Are the Final Adjusted RQs for the Individual
Carbamates?
D. What Methodology Did EPA Use To Assign RQs for the Carbamate-
Related Waste Streams?
1. RQ Assignment Methodology for F- and K-Hazardous Waste
Streams
2. RQ Assignments for the Carbamate-Related Waste Streams
a. Comment Received on the Proposed RQ Adjustment for K156 and
K157
b. Response To Comment--Application of Mixture Rule to Listed
Wastes
E. What Conforming Changes Are Made to 40 CFR Table 302.4 and
its Appendix A?
F. What Conforming Changes Are Made to 40 CFR Part 355?
G. What Final RQ Is Assigned to the K178 Waste?
1. Comment Received on the Proposed RQ Adjustment for K178
2. Response To Comment--Application of Mixture Rule to Listed
Wastes
IV. Statutory and Regulatory Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Energy Effects
I. National Technology Transfer and Advancement Act
J. The Congressional Review Act (5 U.S.C. 801 et seq. as Added
by the Small Business Regulatory Enforcement Fairness Act of 1996)
I. Introduction
A. What Is the Statutory Authority for This Rulemaking?
The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), 42 U.S.C. 9601 et seq., as amended by
the Superfund Amendments and Reauthorization Act of 1986, gives the
Federal government broad authority to respond to releases or threats of
releases of hazardous substances from vessels and facilities. The term
``hazardous substance'' is defined in section 101(14) of CERCLA by
referencing various Federal environmental statutes. For example, the
term includes ``any hazardous waste having the characteristics
identified under or listed pursuant to section 3001 of the Solid Waste
Disposal Act * * *,'' also known as the Resource Conservation and
Recovery Act (RCRA).
Section 102(b) of CERCLA establishes reportable quantities (RQs) of
one pound (``statutory RQs'') for releases of most CERCLA hazardous
substances. Under section 102(a) of CERCLA, the Administrator of EPA
has the authority to adjust these RQs by regulation (``adjusted RQs'').
Under CERCLA section 103(a), the person in charge of a vessel or
facility from which a CERCLA hazardous substance is released in a
quantity that equals or exceeds its RQ must immediately notify the
National Response Center (NRC) of that release. A release is reportable
if an RQ or more of the hazardous substance is released within a 24-
hour period. (See 40 CFR 302.6.) This reporting requirement serves as a
trigger for informing the government of a release so that Federal
personnel can evaluate the need for a Federal removal or remedial
action and undertake any necessary action in a timely fashion.
In addition to the reporting requirements under CERCLA section 103,
section 304 of the Emergency Planning and Community Right-to-Know Act
of 1986 (EPCRA), 42 U.S.C. 11001 et seq., requires owners or operators
of certain facilities to report releases of extremely hazardous
substances (EHSs) and CERCLA hazardous substances to State and local
authorities. (See 40 CFR 355.40.) Thus, after the release of an EHS or
a hazardous substance in a quantity equal to or greater than its RQ,
facility owners or operators must immediately notify the community
emergency coordinator for each local emergency planning
[[Page 47108]]
committee for any area likely to be affected by the release, and the
State emergency response commission of any State likely to be affected
by the release.
B. What Types of Releases Are Exempt From These Reporting Requirements?
To determine whether you must report the release of a carbamate
that equals or exceeds its RQ, you should note that section 103(e) of
CERCLA exempts from the notification provisions of CERCLA section
103(a): ``* * * the application of a pesticide product registered under
the Federal Insecticide, Fungicide, and Rodenticide Act or * * * the
handling and storage of such a pesticide product by an agricultural
producer.'' The legislative history of CERCLA suggests that Congress
intended this exemption to apply to the application of a pesticide
generally in accordance with the pesticide's purpose.
If a release of a CERCLA hazardous substance meets the criteria
under CERCLA section 103(e) for an exemption from reporting to the NRC,
the same release is also exempt from the notification requirements to
State and local authorities under EPCRA section 304. For this final
rule, therefore, the use of carbamates as pesticides in accordance with
its use and purpose is not subject to the reporting requirements under
CERCLA section 103(e) and EPCRA section 304.
As stipulated by EPA in an earlier final rule (50 FR 13464, Apr. 4,
1985), we do not consider the spill of a pesticide to be an application
of the pesticide, nor do we consider a pesticide spill to be in
accordance with the pesticide's purpose. Consequently, spills of a
carbamate pesticide that equal or exceed an RQ must be reported to the
NRC under CERCLA section 103 and to the appropriate State and local
authorities under EPCRA section 304.
II. Background
In this final rule, EPA adjusts the statutory one-pound RQs for 28
individual carbamates and five carbamate-related waste streams. The
adjustments to these statutory one-pound RQs were proposed in December
2003. (See 68 FR 67916, Dec. 4, 2003.) This final rule includes RQ
adjustments not only for individual carbamates, but also for
thiocarbamates, dithiocarbamates, carbamoyl oximes, and several other
individual substances that are closely related to carbamate production
and/or waste generation. The preamble to this final rule refers to all
28 individual substances for which the RQ adjustments are made as
``carbamates,'' and to the five waste streams as ``carbamate-related''
waste streams. In addition, EPA is adjusting the statutory one-pound RQ
of another hazardous waste stream, K178, which is unrelated to the
carbamates addressed in this rule (see Section III.G of this preamble
for information regarding K178). A summary of the developments leading
up to this final rule as it relates to the carbamate-related substances
is provided below.
On November 8, 1984, Congress amended RCRA by enacting the
Hazardous and Solid Waste Amendments of 1984 (HSWA), 42 U.S.C. 6901 et
seq. In one provision of HSWA--a newly added RCRA section 3001(e)(2)--
Congress directed EPA to determine whether several wastes, including
wastes generated from the production of carbamates, should be listed as
RCRA hazardous wastes. Carbamates are widely used as active ingredients
in pesticides, herbicides, insecticides, and fungicides, and in the
production of synthetic rubber. Before Congress enacted HSWA in 1984,
EPA already had regulated several carbamate substances under RCRA,
CERCLA, and other statutes.
Based on our evaluation of the carbamate production wastes, we
published a proposal to list 80 carbamate-related substances as RCRA
hazardous wastes and as CERCLA hazardous substances. (See 59 FR 9808,
Mar. 1, 1994.) The 80 substances included: (1) 70 individual
carbamates; (2) six carbamate-related waste streams; and (3) four
generic groups of carbamate products or captive intermediates with
limited toxicity data.\1\ On February 9, 1995, we finalized the listing
of 64 of the 80 substances as RCRA hazardous wastes and CERCLA
hazardous substances, deferring action on 12 individual substances and
the four generic groups of carbamate products or captive intermediates
with limited toxicity data included in the March 1994 proposed rule.
(See 60 FR 7824, Feb. 9, 1995.) EPA listed a total of 58 individual
carbamates and six carbamate-related hazardous waste streams as RCRA
hazardous wastes and CERCLA hazardous substances in the February 1995
final rule.\2\ Corrections to minor errors in the February 1995 final
rule were later published. (See 60 FR 19165, Apr. 17, 1995 and 60 FR
25619, May 12, 1995.) We also modified our interpretation of the rule
as it affected listings for K156 and K157 hazardous wastes. (See 60 FR
41817, Aug. 14, 1995.)
---------------------------------------------------------------------------
\1\ These chemicals with limited toxicity data were divided into
structure-toxicity groups (esterase (cholinesterase) inhibiting,
other non-cancer toxicity, potentially carcinogenic, and toxic metal
(metallocarbamates)). (See 59 FR 9840, Mar. 1, 1994.)
\2\ Independent of the March 1994 proposed and February 1995
final rules, EPA added and adjusted the RQs for six individual
carbamates to 40 CFR table 302.4--List of Hazardous Substances and
Reportable Quantities, due to their listing under the Clean Air Act,
Clean Water Act, or both. The six substances and their Chemical
Abstracts Service Registry Numbers (CASRNs) are: carbaryl (CASRN 63-
25-2); carbofuran (CASRN 1563-66-2); mercaptodimethur (CASRN 2032-
65-7); mexacarbate (CASRN 315-18-4); triethylamine (CASRN 121-44-8);
and propoxur (CASRN 114-26-1). We adjusted the RQ for the first five
of these six substances in a final rule (50 FR 13456, Apr. 4, 1985)
and later adjusted the RQ for the last substance, propoxur, in
another final rule (60 FR 30926, Jun. 12, 1995).
---------------------------------------------------------------------------
On November 1, 1996, the Court of Appeals (D.C. Circuit) ruled that
EPA failed to follow proper rulemaking procedures in making some of the
carbamate listing determinations in the February 1995 rule.
Dithiocarbamate Task Force v. EPA, 98 F.3d 1394 (D.C. Cir. 1996). The
court vacated the RCRA hazardous waste and CERCLA hazardous substance
listings for 24 \3\ of the 58 individual carbamates and one of the six
carbamate-related waste streams (K160) included in that rule. The court
also vacated three other carbamate-related waste streams (K156, K157,
and K158) to the extent that they applied to the chemical 3-iodo-2-
propynyl n-butylcarbamate. Under the court decision, the vacated
carbamate listings are to be treated as though they had never been in
effect.
---------------------------------------------------------------------------
\3\ The 24 vacated listings and their Chemical Abstracts Service
Registry Numbers (CASRNs) and Hazardous Waste No.
(U) were: Bis(pentamethylene)thiuram
tetrasulfide (120-54-7), (U400); Copper,
bis(dimethylcarbamodithioato-S,S')-(137-29-1), (U393); Dazomet (533-
74-44), (U366); Disulfiram (97-77-8), (U403); Iron,
tris(dimethylcarbamodithioato-S,S')-(14484-64-1), (U396); Metam
Sodium (137-42-8), (U384); Selenium,
tetrakis(dimethyldithiocarbamate) (144-34-3), (U376);
Carbamodithioic acid, dimethyl, potassium salt (128-03-0), (U383);
Carbamodithioic acid, (hydroxymethyl)methyl-, monopotassium salt
(51026-28-9), (U378); Carbamodithioic acid, methyl-, monopotassium
salt (137-41-7), (U377); Carbamodithioic acid, dibutyl, sodium salt
(136-30-1), (U379); Carbamodithioic acid, diethyl-, sodium salt
(148-18-5), (U381); Carbamodithioic acid, dimethyl-, sodium salt
(128-04-1), (U382); Carbamodithioic acid, diethyl-, 2-chloro-2-
propenyl ester (95-06-7), (U277); Tetrabutylthiuram disulfide (1634-
02-2), (U402); Bis(dimethylthiocarbamoyl) sulfide (97-74-5), (U401);
Ethyl Ziram (14324-55-1), (U407); Butylate (2008-41-5), (U392);
Cycloate (1134-23-2), (U386); EPTC (759-94-4), (U390); Molinate
(2212-67-1), (U365); Pebulate (1114-71-2), (U391); Carbamothioic
acid, dipropyl-, S-propyl ester (1929-77-7), (U385); and Carbamic
acid, butyl-, 3-iodo-2-propynyl ester (55406-53-6), (U375).
---------------------------------------------------------------------------
To clarify the status of the vacated listings for the regulated
community and the public, EPA amended the lists of RCRA hazardous
wastes (40 CFR part 261) and CERCLA hazardous substances (40 CFR part
302) to remove the entries
[[Page 47109]]
for the 24 individual carbamates and one carbamate-related waste stream
(K160) that were vacated by the court, and revised the entries for
K156, K157, and K158 to indicate that they do not apply to 3-iodo-2-
propynyl n-butylcarbamate (62 FR 32974, Jun. 17, 1997). The court's
ruling did not change the February 1995 listing of the 34 remaining
individual carbamates as RCRA hazardous wastes, which includes the six
carbamates that were listed as hazardous substances due to their
listing under the Clean Air Act, Clean Water Act, or both. Those
listings remain in effect.
Upon the effective date of the February 1995, final rule, the 28
\4\ remaining individual carbamates and the five carbamate-related
hazardous waste streams became hazardous substances under CERCLA
section 101(14)(C) and received one-pound statutory RQs. This final
rule adjusts the RQs for these 28 individual substances and five waste
streams (proposed for adjustment in December 2003) based on criteria
that relate to the possibility of harm from the release of each
hazardous substance into the environment. EPA is revising the 40 CFR
table 302.4--List of Hazardous Substances and Reportable Quantities to
reflect these changes and other conforming changes.
---------------------------------------------------------------------------
\4\ Note: Six of the 34 individual carbamates already have their
final adjusted RQs, see FN 2, above.
Diagrams Showing Evolution of This Final Rule
------------------------------------------------------------------------
------------------------------------------------------------------------
Diagram 1.--Listing RCRA Hazardous Wastes and CERCLA Hazardous
Substances
March 1, 1994 Proposed Rule
59 FR 9808
80 Carbamate-Related Substances
RCRA Hazardous Wastes and CERCLA Hazardous Substances
------------------------------------------------------------------------
70 Individual Carbamates 6 Carbamate- 4 Generic Groups.
(Includes 6 individual Related Waste
carbamates with CERCLA RQs Streams.
adjusted previously under 50 FR
13456 and 60 FR 30926).
------------------------------------------------------------------------
February 9, 1995 Final Rule
60 FR 7824
64 Carbamate-Related Substances
RCRA Hazardous Wastes and CERCLA Hazardous Substances
This completes the RCRA Hazardous Waste Listing for these substances
------------------------------------------------------------------------
58 Individual Carbamates (Action 6 Carbamate- 0 Generic Groups
deferred on 12 Individual Related Waste (Action deferred
Carbamates). Streams. on 4 generic
groups).
------------------------------------------------------------------------
------------------------------------------------------------------------
Diagram 2.--November 1, 1996 Court of Appeals Decision
Dithiocarbamate Task Force v. EPA 98 F.3d 1394 (D.C.Cir. 1996)
------------------------------------------------------------------------
58 Individual Carbamates (Court vacated 6 Carbamate Related Waste
24 individual carbamates). Streams (Court vacated 1 waste
stream, partially vacated 3
others).
------------------------------------------------------------------------
June 17, 1997 Final Rule
62 FR 32974
Amended February 9, 1995 Final Rule to Conform with Court of Appeals
Decision
------------------------------------------------------------------------
34 Individual Carbamates (Includes 6 5 Carbamate-Related Waste
individual carbamates with CERCLA RQs Streams.
adjusted previously under 50 FR 13456
and 60 FR 30926).
------------------------------------------------------------------------
------------------------------------------------------------------------
Diagram 3.--RQ Adjustment for CERCLA Hazardous Substances
December 4, 2003 Proposed Rule
68 FR 67916
------------------------------------------------------------------------
28 Individual Carbamates (34 individual 5 Carbamate-Related Waste
carbamates less the 6 individual Streams.
carbamates with RQ adjustments under
50 FR 13456 and 60 FR 30926).
------------------------------------------------------------------------
FINAL RULE
FINAL CERCLA RQ Adjustments for 28 Individual Carbamates and 5
Carbamate-Related Waste Streams
------------------------------------------------------------------------
Eleven of the individual substances with RQ adjustments in this
final rule are also EPCRA section 302 EHSs. For the names of these 11
substances, see the revisions to Appendices A and B of 40 CFR part 355,
included at the end of this final rule. In 1989, we proposed to adjust
the RQs for all the EPCRA EHSs.\5\ (See 54 FR 35988, Aug. 30, 1989.)
Except for the 11 substances included in this rule, we finalized
adjustments to the RQs for all the EHSs at 61 FR 20473, May 7, 1996.
The adjusted RQs for these 11 substances are now finalized by this
action.
---------------------------------------------------------------------------
\5\ We used the data from this August 30, 1989, proposed
rulemaking, as well as more recent data, to support the RQ
adjustments proposed for these 11 substances in this rule.
---------------------------------------------------------------------------
III. Summary of This Action
A. What Is The Scope of This Rule?
In this final rule, we are adjusting the one-pound statutory RQs
for 28
[[Page 47110]]
individual carbamates (one of which is adjusted to a final RQ of one-
pound) and five carbamate-related waste streams. In addition, EPA is
adjusting the one-pound statutory RQ of another hazardous waste stream,
K178, which is unrelated to the carbamates addressed in this rule (see
Section III.G. of this preamble for information regarding K178). We
based these adjustments on specific scientific and technical criteria
that relate to the possibility of harm from the release of a CERCLA
hazardous substance in certain amounts. RQs are based, in part, on a
determination of possible or potential harm, but they are not a
determination that releases of a particular amount of a hazardous
substance necessarily will harm the public health, welfare, or the
environment. The quantity released is just one factor that the Federal
government considers when it assesses the need to respond to such a
release. Other factors include, but are not limited to, the location of
the release, its proximity to drinking water supplies or other valuable
resources, and the likelihood of exposure or injury to nearby
populations. The RQ adjustments that EPA is finalizing in this final
rule will enable us to focus our resources on those releases that are
most likely to pose potential threats to public health, welfare, or the
environment. These RQ adjustments will also help to relieve the
regulated community and emergency response personnel from the burden of
making and receiving reports of releases that are unlikely to pose such
threats.
B. What Methodology Did EPA Use To Adjust the RQs of the Individual
Carbamates?
EPA has wide discretion to adjust the statutory RQs for hazardous
substances under CERCLA. Administrative feasibility and practicality
are important considerations.
1. RQ Adjustment Methodology
The methodology for adjusting the RQ of an individual hazardous
substance begins with an evaluation of its intrinsic physical,
chemical, and toxicological properties. These intrinsic properties--
called ``primary criteria''--are aquatic toxicity, mammalian toxicity
(oral, dermal, and inhalation), ignitability, reactivity, chronic
toxicity, and potential carcinogenicity.\6\ When there are sufficient
data in the scientific literature on the chronic toxicity and/or
potential carcinogenicity (two of the six primary criteria) of a
hazardous substance, we evaluate and summarize these data in a
chemical-specific profile.
---------------------------------------------------------------------------
\6\ For further information on assigning adjusted RQs to
hazardous substances under the primary criteria, see the Technical
Background Document to Support Rulemaking Pursuant to CERCLA Section
102, Volume 2, August 1986 (for chronic toxicity), Volume 3, July
1989 (for potential carcinogenicity), and Volume 1, March 1985 (for
the four other primary criteria), available for inspection at the
Superfund Docket in the EPA Docket Center, (EPA/DC) EPA West, Room
B102, 1301 Constitution Ave., NW., Washington, DC. These documents
are not available electronically; contact the Superfund Docket and
reference, ``EPA-HQ-SFUND-2002-0010-0043,'' ``EPA-HQ-SFUND-2002-
0010-0044,'' and ``EPA-HQ6-SFUND-2002-0010-0042,'' respectively.
---------------------------------------------------------------------------
For each intrinsic property, EPA ranks the hazardous substance on a
five-tier scale, associating a specific range of values on each scale
with an RQ value of 1, 10, 100, 1,000, or 5,000 pounds. Each hazardous
substance may receive several tentative RQ values based on the primary
criteria. The lowest of the tentative RQs becomes the ``primary
criteria RQ'' for that substance.
After assigning the primary criteria RQs, EPA evaluates the
substances for their susceptibility to certain degradative processes.
These natural degradative processes, which we use as ``secondary RQ
adjustment criteria,'' are biodegradation, hydrolysis, and photolysis
(BHP). If a hazardous substance, when released into the environment,
degrades relatively rapidly to a less hazardous form by one or more of
the BHP processes, we generally increase its RQ (as determined by the
primary RQ adjustment criteria) by one level.\7\ Conversely, if a
hazardous substance degrades to a more hazardous product after its
release, we assign an RQ equal to the RQ for the more hazardous
substance, which may be one or more levels lower than the RQ for the
original substance.
---------------------------------------------------------------------------
\7\ We do not raise an RQ level based on BHP if the primary
criterion RQ is already at its highest possible level (100 pounds
for potential carcinogens and 5,000 pounds for all other types of
hazardous substances). The secondary adjustment criteria of BHP are
not applied to radionuclides.
---------------------------------------------------------------------------
2. Final RQ Adjustments
Following an extensive review of available scientific literature on
the 28 individual carbamates adjusted in this final rule, we found that
chronic toxicity profiles were warranted for nine of the 28 carbamates,
and that potential carcinogenicity profiles were warranted for six of
the 28 carbamates. EPA sought comment on those 15 draft chemical-
specific profiles in its December 2003, proposed rule. The Agency
received no comment on any of the 15 draft chemical-specific profiles.
RQs for several of the substances included in this rule are based, at
least in part, on the conclusions drawn in those profiles.
Three carbamates--bendiocarb, benomyl, and thiophanate-methyl--had
BHP data that were a sufficient basis for adjusting the primary
criteria RQs for these substances. Although several other carbamates
(e.g., propham) had BHP data that suggest rapid degradation, the
evidence for most of these substances was not conclusive. Therefore, no
adjustment to the RQs for the other 25 carbamates was proposed on the
basis of BHP.\8\ EPA sought additional degradation data (e.g., data on
BOD5 values and on half lives) for these 28 individual substances; \9\
however, no additional data were submitted in response to this request
for comment.
---------------------------------------------------------------------------
\8\ To review a summary of the BHP data on the 28 carbamates
included in this rule, see Exhibit 4-3 of the Technical Background
Document to Support Rulemaking Pursuant to CERCLA Section 102,
Volume 8, available for inspection at the Superfund Docket in the
EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. This document is not available
electronically; contact the Superfund Docket and reference, ``EPA-
HQ-SFUND-2002-0010-0048.''
\9\ One or more of the following criteria should be met for a
hazardous substance to qualify for further RQ adjustment based on
BHP: (1) Biodegradation: the substance must have a five-day
biochemical oxygen demand (BOD5) that equals or exceeds 50 percent
of the theoretical oxygen demand as calculated based on
stoichiometric oxidation; and (2) Hydrolysis/Photolysis: the half-
life of the substance in the environment must be five days or less.
For further information on the methodology for applying BHP, see the
Technical Background Document to Support Rulemaking Pursuant to
CERCLA Section 102, Volume 1, March 1985, available for inspection
at the Superfund Docket in the EPA Docket Center, (EPA/DC) EPA West,
Room B102, 1301 Constitution Ave., NW., Washington, DC. This
document is not available electronically; contact the Superfund
Docket and reference, ``EPA-HQ-SFUND-2002-0010-0042.''
---------------------------------------------------------------------------
EPA could not locate acceptable data on any of the primary or
secondary criteria for three of the 28 individual carbamates in this
proposed rule (see Table 1). In the past, when the statutory RQs of
such data-poor hazardous substances were adjusted, we used data from
chemically similar, surrogate substances.\10\ Keeping with that
practice, we conducted an analysis of other carbamates to identify
potential surrogate substances for the three data-poor hazardous
substances.
---------------------------------------------------------------------------
\10\ We used surrogate substances for the carbamates with
primary criteria data that are chemically similar, based primarily
on structural analogy, to the data-poor substances. For further
information and examples of EPA's use of surrogate data to adjust
RQs of hazardous substances, see Section 2 of the Technical
Background Document to Support Rulemaking Pursuant to CERCLA Section
102, Volume 8, available for inspection at the Superfund Docket in
the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. This document is not
available electronically; contact the Superfund Docket and
reference, ``EPA-HQ-SFUND-2002-0010-0048.''
---------------------------------------------------------------------------
Table 1 lists the chemically similar carbamates EPA used as
surrogates, and
[[Page 47111]]
the RQs that we proposed and now assign to each data-poor substance
based on its chemically similar surrogate.\11\ We requested primary and
secondary criteria data on these three data-poor substances and
solicited comment in the December 2003 proposal, as well as the choice
of surrogate substances used to adjust the RQs for these three
carbamates; however, we received no data or comment on these three
data-poor substances or choice of surrogate substances.
---------------------------------------------------------------------------
\11\ These three data-poor carbamates also are included in the
list of 28 individual carbamates that appear in Table 2. For further
information on the three data-poor carbamates and the chemically-
similar, surrogate substances that EPA has identified, see Section 3
of the Technical Background Document to Support Rulemaking Pursuant
to CERCLA Section 102, Volume 8, available for inspection at the
Superfund Docket in the EPA Docket Center, (EPA/DC) EPA West, Room
B102, 1301 Constitution Ave., NW., Washington, DC. This document is
not available electronically; contact the Superfund Docket and
reference, ``EPA-HQ-SFUND-2002-0010-0048.''
Table 1.--RQs for the Data-Poor Carbamates
------------------------------------------------------------------------
RQ
Data-poor carbamate Surrogate (pounds)
------------------------------------------------------------------------
Bendiocarb phenol................. Bendiocarb............... 1000
Carbofuran phenol................. Carbofuran............... 10
Manganese dimethyldithiocarbamate. Ziram.................... 10
------------------------------------------------------------------------
Note that in Table 2 below, we proposed, and now assign as
proposed, different RQs for the data-poor carbamate/surrogate pair of
Bendiocarb phenol (data-poor carbamate) and Bendiocarb (its surrogate)
as shown in Table 1, above. In Table 2, EPA applied the secondary
criteria of BHP to adjust the RQ for bendiocarb to 100 pounds. Due to
structural differences between the two substances, it was not
appropriate to apply the BHP data for bendiocarb to bendiocarb phenol.
Therefore, the final adjusted RQ for bendiocarb phenol is 1000 pounds.
(see Tables 1 and 2).
C. What Are the Final Adjusted RQs for the Individual Carbamates?
Table 2 lists the chemical names, CASRNs, and final adjusted RQs
for the 28 individual carbamates included in this final rule. The final
adjusted RQs for 27 of the 28 individual carbamates were raised from
their statutory one-pound levels; one of the 28 individual carbamates
``Dimetilan'' was adjusted to a final RQ of one-pound.
Table 2.--Final Adjusted RQs for 28 Individual Carbamates
------------------------------------------------------------------------
Final adjusted
Chemical name CASRN RQ (pounds)
------------------------------------------------------------------------
A2213................................... 30558-43-1 5000
Aldicarb sulfone........................ 1646-88-4 100
Barban.................................. 101-27-9 10
Bendiocarb.............................. 22781-23-3 100
Bendiocarb phenol....................... 22961-82-6 1000
Benomyl................................. 17804-35-2 10
Carbendazim............................. 10605-21-7 10
Carbofuran phenol....................... 1563-38-8 10
Carbosulfan............................. 55285-14-8 1000
m-Cumenyl methylcarbamate............... 64-00-6 10
Diethylene glycol, dicarbamate.......... 5952-26-1 5000
Dimetilan............................... 644-64-4 1
Formetanate hydrochloride............... 23422-53-9 100
Formparanate............................ 17702-57-7 100
Isolan.................................. 119-38-0 100
Manganese dimethyldithiocarbamate....... 15339-36-3 10
Metolcarb............................... 1129-41-5 1000
Oxamyl.................................. 23135-22-0 100
Physostigmine salicylate................ 57-64-7 100
Physostigmine........................... 57-47-6 100
Promecarb............................... 2631-37-0 1000
Propham................................. 122-42-9 1000
Prosulfocarb............................ 52888-80-9 5000
Thiodicarb.............................. 59669-26-0 100
Thiophanate-methyl...................... 23564-05-8 10
Tirpate................................. 26419-73-8 100
Triallate............................... 2303-17-5 100
Ziram................................... 137-30-4 10
------------------------------------------------------------------------
[[Page 47112]]
D. What Methodology Did EPA Use To Assign RQs for the Carbamate-Related
Waste Streams?
In addition to the 28 individual carbamate hazardous substances, we
also proposed and now assign RQs for the five carbamate-related RCRA
hazardous waste streams (K156, K157, K158, K159, and K161). As
described below, the methodology used to assign RQs to the RCRA F- and
K-hazardous waste streams differs from the standard methodology used to
adjust individual hazardous substances described in Section III.B.1,
above.
1. RQ Assignment Methodology for F- and K-Hazardous Waste Streams
The methodology to assign RQs to RCRA F- and K-hazardous waste
streams is based on an analysis of the hazardous constituents of the
waste streams. Specifically, EPA identifies the constituents of concern
in each RCRA hazardous waste stream in 40 CFR part 261, Appendix VII.
We then determine the RQ for each constituent within that waste stream
and assign the lowest RQ value of the constituents as the RQ for the
waste stream. We also used this same methodology to adjust the RQ for
K178 (see Section III.G. for more information).
2. RQ Assignments for the Carbamate-Related Waste Streams
In the February 1995 final rule, five carbamate-related waste
streams were assigned the statutory one-pound RQ required by CERCLA
section 102(b). (See 60 FR 7824, Feb. 9, 1995.) In the December 2003
proposed rule, EPA used its standard methodology for assigning RQs for
RCRA waste streams and assigned a one-pound final RQ for waste stream
K161 and 10-pound final RQs for the remaining four carbamate-related
waste streams (K156, K157, K158, and K159). The assigned RQs are based
on the constituent(s) with the lowest RQ within each of the waste
streams. This rule assigns the final RQs to each of the five carbamate-
related hazardous waste streams as proposed. Table 3 lists the
constituents and constituent RQs of each of the five carbamate-related
hazardous waste streams.
Table 3.--Constituents of Five Carbamate-Related Waste Streams
------------------------------------------------------------------------
RQ
Carbamate waste stream constituents (pounds)
------------------------------------------------------------------------
K156....................................................... 10
benomyl.................................................. 10
carbaryl................................................. 100
carbendazim.............................................. 10
carbofuran............................................... 10
carbosulfan.............................................. 1000
formaldehyde............................................. 100
methylene chloride....................................... 1000
triethylamine............................................ 5000
K157....................................................... 10
carbon tetrachloride..................................... 10
formaldehyde............................................. 100
methyl chloride.......................................... 100
methylene chloride....................................... 1000
pyridine................................................. 1000
triethylamine............................................ 5000
K158....................................................... 10
benomyl.................................................. 10
carbendazim.............................................. 10
carbofuran............................................... 10
carbosulfan.............................................. 1000
chloroform............................................... 10
methylene chloride....................................... 1000
K159....................................................... 10
benzene.................................................. 10
butylate................................................. 100
EPTC..................................................... 1000
molinate................................................. 10
pebulate................................................. 100
vernolate................................................ 100
K161....................................................... 1
antimony................................................. 5000
arsenic.................................................. 1
metam sodium............................................. 10
ziram.................................................... 10
------------------------------------------------------------------------
a. Comment Received on the Proposed RQ Adjustment for K156 and K157
In response to the proposed rule, 68 FR 67916, Dec. 4, 2003, EPA
received one comment \12\ regarding the 10-pound RQ assigned to K156
and K157. The commenter represents a manufacturer of carbamate products
and is familiar with EPA's 1994 RCRA carbamate rulemaking process. The
commenter would like to see higher RQs assigned for the K156 and K157
process wastes, although he acknowledges the Agency's policies in
assigning RQs for waste streams.
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\12\ You can view the full comment (e-mail) by going to:
www.regulations.gov, clicking on ``Advanced Search'' in the bar at
the top of the page, then ``Document Search.'' Search for the
document, ``EPA-HQ-SFUND-2002-0010-0115.''
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The commenter also requested that, ``EPA provide clear guidance and
examples of how the CERCLA RQ mixture rule applies to reporting
scenarios where the waste is K156 or K157, but contains none of the
above constituents, or contains one or more of these constituents at
known concentrations.''
b. Response To Comment--Application of Mixture Rule to Listed Wastes
Since the commenter did not provide any information to support a
higher RQ for EPA Hazardous Waste Nos. K156 and K157, we are
maintaining the 10 pound RQ for these two hazardous substances. With
respect to the mixture rule, 40 CFR 302.6(b)(1) provides notification
requirements where the quantity of all of the hazardous constituents of
the mixture or solution is known and where the quantity of one or more
of the hazardous constituent(s) of the mixture or solution is unknown.
Note: The Agency has issued guidance on applying the mixture
rule for reporting purposes (EPA publication, ``Questions and
Answers on Release Notification Requirements and Reportable Quantity
Adjustments,'' specifically questions 37-40 and Exhibit 1--Mixture
Rule Scenarios.) \13\
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\13\ You can view this publication by going to:
www.regulations.gov, clicking on ``Advanced Search'' in the bar at
the top of the page, then ``Document Search.'' Search for the
document, ``EPA-HQ-SFUND-2002-0010-0115.''
Application of the mixture rule may be most useful when the
concentration levels of all the hazardous constituents in a particular
carbamate waste stream are known and when an RQ or more of any
hazardous constituent is released. For the carbamate waste streams
addressed in this rule, appropriate use of the mixture rule may help
reduce the burden of notification requirements for the regulated
community, while adequately protecting public health and welfare and
the environment.
E. What Conforming Changes Are Made to 40 CFR Table 302.4 and Its
Appendix A?
EPA is modifying the entries in 40 CFR table 302.4--List of
Hazardous Substances and Reportable Quantities, for the carbamates
added by the February 1995, final rule. Specifically, we are revising
the entries for the chemical names of the carbamates in the ``Hazardous
substance'' column of table 302.4 to reflect the chemical names for
these substances as they appear in the RCRA tables of hazardous wastes
at 40 CFR 261.33(e) and (f).
For example, the February 1995, final rule lists two names for each
individual carbamate in table 302.4--a chemical name and a synonym in
parenthesis. However, whereas that final rule alphabetically lists
these two names as separate entries in the RCRA tables of hazardous
wastes in 40 CFR 261.33, it only adds one entry for each carbamate to
the list of hazardous substances.
Because each of the 28 individual carbamates included in this final
rule
[[Page 47113]]
has at least two separate entries in the RCRA tables of hazardous
wastes, we are listing each of them as separate entries in table 302.4.
To effectuate this change, this rule removes the previously listed
names for these hazardous substances and adds the chemical names and
synonyms as separate entries in table 302.4. We believe that these
changes to table 302.4 will improve consistency between the chemical
lists under RCRA and CERCLA and help to make carbamate synonyms easier
to find in the tables.
We have also made these conforming changes to entries in Appendix A
to table 302.4 for the 28 carbamates added to table 302.4, by the
February 1995, final rule.
F. What Conforming Changes Are Made to 40 CFR part 355?
Appendices A and B of 40 CFR part 355 list EHSs and their threshold
planning quantities (TPQs) under EPCRA and their CERCLA RQs, where
applicable. Eleven of the individual carbamates with RQs adjusted by
this final rule are also EHSs and CERCLA hazardous substances. In this
final rule, EPA is revising Appendices A and B of 40 CFR part 355 to
include those adjusted RQs. You can see the revisions to Appendices A
and B at the end of this final rule for the names of the individual
carbamates.
G. What Final RQ Is Assigned to the K178 Waste?
Section III.D.1 above describes the Agency's standard methodology
for assigning RQs for RCRA F- and K-hazardous waste streams, a process
that is based on an analysis of the hazardous constituents of each
waste identified in 40 CFR part 261, Appendix VII. We determine an RQ
for each constituent and establish the lowest RQ value of all of the
constituents as the assigned RQ for the hazardous waste stream. When
there are hazardous constituents identified in the waste stream that
are not individual CERCLA hazardous substances, EPA develops an RQ for
those constituents in order to assign an appropriate RQ to the waste
stream. (See 48 FR 23552, May 25, 1983.) In other words, we derive the
RQ for a RCRA hazardous waste stream based on the lowest RQ of all of
the hazardous constituents identified for that waste in Appendix VII of
40 CFR Part 261, regardless of whether all of the constituents are
CERCLA hazardous substances.
In September 2000, EPA published a proposed rule to list three
waste streams from the inorganic chemical manufacturing industry as
RCRA hazardous wastes in 40 CFR 261.32 and as CERCLA hazardous
substances in 40 CFR 302.4. (See 65 FR 55684, Sept. 14, 2000.) In that
rule, we proposed to adjust the statutory one-pound RQ for two of the
three waste streams, K176 and K177. Waste stream K178 contained two
hazardous constituents: thallium, which is a CERCLA hazardous substance
with a 1,000-pound RQ, and manganese, which is not a CERCLA hazardous
substance identified in 40 CFR 302.4 and does not have an RQ. Because
EPA did not develop an RQ for manganese in time for the September 2000,
proposed rule, we did not propose to adjust the statutory one-pound RQ
for K178 in that rule.
Numerous commenters to the September 2000, proposed rule objected
to using manganese as a basis for listing K178 as a hazardous waste,
citing potential adverse impacts to many industries. Although EPA
believed that manganese poses significant issues that ultimately should
be resolved, the court-ordered schedule for the hazardous waste
listings provided no flexibility to address those issues fully before
finalizing the listings. For that reason, in the November 2001, final
rule, EPA deferred final action on adding manganese to Appendix VII of
40 CFR part 261 as a basis for listing K178 as a hazardous waste. (See
66 FR 58258, Nov. 20, 2001.) The final hazardous waste listing for K178
was based solely on thallium.\14\ As a result, we proposed an RQ of
1,000 pounds for the K178 waste stream, which is based on the
constituent RQ for thallium. This rule assigns the final RQ for the
K178 waste stream as proposed.
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\14\ Note that EPA also modified the listing description in the
November 2001 final rule to read, ``Residues from manufacturing and
manufacturing-site storage of ferric chloride from acids formed
during the production of titanium dioxide using the chloride-
ilmenite process.''
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a. Comment Received on the Proposed RQ Adjustment for K178
In response to the proposed rule published in December 2003, EPA
received one comment\15\ regarding the 1,000-pound RQ assigned to K178.
The commenter represents a production facility directly affected by the
K178 listing. The commenter expresses support for the 1,000 pound RQ
assigned to the K178 listed hazardous waste and believes that the basis
for the adjustment (RQ for thallium) is sound for use in the
establishment of the 1,000-pound RQ. Because the individual containers
of K178 hazardous wastes used for accumulation and transportation to an
off-site RCRA hazardous waste treatment facility will contain more than
1,000 pounds, the commenter also requests that EPA discuss, ``the
proper application, with examples, of the CERCLA RQ mixture rule to
listed wastes such as K178.''
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\15\ You can view the full comment (email) by going to:
www.regulations.gov, clicking on ``Advanced Search'' in the bar at
the top of the page, then ``Document Search.'' Search for the
document, ``EPA-HQ-SFUND-2002-0011-0018.''
---------------------------------------------------------------------------
b. Response to Comment--Application of Mixture Rule to Listed Wastes
As described above (see section III.D.2.b.), where the person in
charge has knowledge of the specific constituent mix of the hazardous
waste stream, it may be appropriate to use the mixture rule to
determine whether there has been a release above an RQ for that waste
stream consistent with the known constituent mixture of the hazardous
waste stream. For example, for the inorganic chemical manufacturing
process waste stream K178, the RQ is based on the constituent thallium;
however, there are other constituents (nonhazardous) that make up the
waste stream. If the person in charge knows the relative amounts of
thallium to nonhazardous constituents in his waste stream, it may be
appropriate to use the mixture rule for RQ purposes for that waste
stream. It is important to note that attenuation of the waste stream
for the purpose of diluting the relative amount of thallium is
inconsistent with the intent of the mixture rule.
IV. Statutory and Regulatory Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to the review under the EO.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This final rule represents a reduction in the burden for both industry
and the government because we are raising the RQs for all but two of
the substances included in this final rule. The Office of Management
and Budget (OMB) has previously approved the information collection
requirements contained in the existing regulations 40 CFR 302 and 40
CFR 355 under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. and has assigned OMB control number 2050-0046, EPA ICR
number 1049.10 and OMB control number 2050-0086, EPA ICR number
1445.06. A copy of the OMB approved Information Collection Requests
(ICRs) may be obtained from Susan Auby,
[[Page 47114]]
Collection Strategies Division; U.S. Environmental Protection Agency
(2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by
calling (202) 566-1672.
The proposed rule estimated that the annual reporting and
recordkeeping burdens associated with reports to the NRC will be
reduced by approximately 720 hours (ICR No. 1049.09) and to SERCs and
LEPCs by 880 hours (ICR No. 1395.04). That estimate was based on
reports received for the period 1995 through 1999. Based on the period
2000 through 2002 (there was only one reported release) the estimated
annual reporting and recordkeeping burdens associated with reports to
the NRC will be reduced by 3 hours and to SERCs and LEPCs by 9 hours.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business that has
fewer than 1000 or 100 employees per firm depending upon the SIC code
the firm primarily is classified; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of this final rule on small
entities, I hereby certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities.'' 5 U.S.C. 603
and 604. Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule.
We have therefore concluded that this final rule will relieve
regulatory burden for small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials to have meaningful and timely input in the development of EPA
regulatory proposals with significant Federal intergovernmental
mandates, and informing, educating, and advising small governments on
compliance with the regulatory requirements.
This rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local or tribal
governments or the private sector. The rule imposes no enforceable duty
on any State, local, or tribal governments. EPA also has determined
that this rule contains no regulatory requirements that might
significantly or uniquely affect small governments. In addition, as
discussed above, the private sector is not expected to incur costs
exceeding $100 million. Thus, this final rule is not subject to the
requirements of Sections 202 and 205 of UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, Aug.
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This rule directly affects
manufacturers, handlers, transporters, and other users of carbamates
that may release them into the environment; in addition, entities that
may release K178 hazardous waste will also be affected. There are no
State and local government bodies that incur direct compliance costs by
this rulemaking. Thus, Executive Order 13132 does not apply to this
rule.
In the spirit of Executive Order 13132, and consistent with EPA
policy to
[[Page 47115]]
promote communications between EPA and State and local governments, EPA
specifically solicited comment on the proposed rule from State and
local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, Nov. 9, 2000), requires
EPA to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' This final rule does not have tribal
implications, as specified in Executive Order 13175. This rule does not
significantly or uniquely affect the communities of Indian tribal
governments, nor would it impose substantial direct compliance costs on
them. Thus, Executive Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The Executive Order 13045: ``Protection of Children From
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997) applies to any rule that: (1) Is determined to be ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children, and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
This final rule is not subject to the Executive Order because it is
not economically significant as defined in Executive Order 12866, and
because the Agency does not have reason to believe the environmental
health or safety risks addressed by this action present a
disproportionate risk to children.
H. Executive Order 13211: Energy Effects
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
As noted in the proposed rule, Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (``NTTAA'')
