Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Rules and Regulations 34147 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a safety 

zone and is therefore categorically 

excluded under paragraph 34(g) of the 

Instruction. A final environmental 

analysis check list and categorical 

exclusion determination are available in 

the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–0453 to read as 

follows: 

§ 165.T09–0453 Safety Zone, Barrier 

Testing Operations, Chicago Sanitary and 

Ship Canal, Romeoville, IL. 

(a) Location. The safety zone will 

encompass all U.S. navigable waters of 

the Chicago Sanitary and Ship Canal 

from Mile Marker 296.1 to Mile Marker 

296.7 [DATUM: NAD 83]. 

(b) Effective and enforcement periods. 

This rule is effective on June 10, 2011 

and will remain in effect until 5 p.m. on 

June 21, 2011. This rule will be enforced 

daily from 7 a.m. to 11 a.m. and from 

1 p.m. to 5 p.m. on June 10, 11, 13, 14, 

15, 16, 17, 18, 20, and 21. 

(3) Regulations. (i) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

(ii) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port, 

Sector Lake Michigan, or his or her 

designated representative. 

(iii) The ‘‘designated representative’’ 

of the Captain of the Port is any Coast 

Guard commissioned, warrant or petty 

officer who has been designated by the 

Captain of the Port, Sector Lake 

Michigan, to act on his or her behalf. 

The designated representative of the 

Captain of the Port, Sector Lake 

Michigan, will be aboard a Coast Guard, 

Coast Guard Auxiliary, or other 

designated vessel or will be on shore 

and will communicate with vessels via 

VHF channel 16 radio, loudhailer, or by 

phone. The Captain of the Port, Sector 

Lake Michigan, or his or her designated 

representative may be contacted via 

VHF channel 16 radio or the Coast 

Guard Sector Lake Michigan Command 

Center at 414–747–7182. 

(iv) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port, Sector 

Lake Michigan, or his or her designated 

representative to obtain permission to 

do so. 

(v) Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the Captain of the Port, Sector 

Lake Michigan, or his or her designated 

representative. 

Dated: June 3, 2011. 

L. Barndt, 

Captain, U.S. Coast Guard, Commander, U.S. 

Coast Guard Sector Lake Michigan. 

[FR Doc. 2011–14625 Filed 6–9–11; 11:15 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 268 and 271 

[EPA–HQ–RCRA–2008–0332; FRL–9318–4] 

RIN 2050–AG65 

Land Disposal Restrictions: Revision 

of the Treatment Standards for 

Carbamate Wastes 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct Final Rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is issuing 

a Direct Final Rule to revise the Land 

Disposal Restrictions (LDR) treatment 

standards for hazardous wastes from the 

production of carbamates and carbamate 

commercial chemical products, offspecification or manufacturing chemical 

intermediates and container residues 

that become hazardous wastes when 

they are discarded or intended to be 

discarded. Currently, under the LDR 

program, most carbamate wastes must 

meet numeric concentration limits 

before they can be land disposed. 

However, the lack of readily available 

analytical standards makes it difficult to 

measure whether the numeric LDR 

concentration limits have been met. 

Therefore, we are providing as an 

alternative standard the use of the best 

demonstrated available technologies 

(BDAT) for treating these wastes. In 

addition, this action removes carbamate 

Regulated Constituents from the table of 

Universal Treatment Standards. 

DATES: This Direct Final rule will be 

effective August 12, 2011 without 

further notice, unless EPA receives 

adverse written comment by July 13, 

2011. If adverse comments are received, 

EPA will publish a timely withdrawal in 


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34148 Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Rules and Regulations 

the Federal Register informing the 

public that the specific amendments in 

this Direct Final Rule for which the 

Agency received adverse comments will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2008–0332, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: rcra-docket@epa.gov and 

jackson.mary@epa.gov. Attention 

Docket ID No. EPA–HQ–RCRA–2008– 

0332. 

• Fax: 202–566–9744. Attention 

Docket ID No. EPA–HQ–RCRA–2008– 

0332. 

• Mail: RCRA Docket (28221T), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. Attention 

Docket ID No. EPA–HQ–RCRA–2008– 

0332. Please include a total of 2 copies. 

• Hand Delivery: Please deliver 2 

copies to the EPA Docket Center (EPA/ 

DC), EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–RCRA–2008– 

0332. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the HQ–Docket Center, Docket ID No. 

EPA–HQ–RCRA–2008–0332, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The EPA Docket 

Center 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 RCRA Docket is (202) 566–0270. A 

reasonable fee may be charged for 

copying docket materials. 

FOR FURTHER INFORMATION CONTACT: 

Mary Jackson, Office of Resource 

Conservation and Recovery, (MC: 

5304P), 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. She can 

also be reached by telephone on 703– 

308–8453 or by e-mail at 

jackson.mary@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why is EPA using a Direct Final 

Rule? 

EPA is publishing this rule as a Direct 

Final Rule because we view this action 

as noncontroversial and we anticipate 

no adverse comments. In addition, we 

also are choosing to issue a Direct Final 

Rule because waste management 

facilities treating carbamate wastes can 

potentially face curtailment of 

operations. That is, if they cannot 

demonstrate waste and treatment 

residual concentrations meet numerical 

LDR treatment standards through 

analytical testing, these facilities can 

potentially be left with no other choice 

than to stop treating carbamate wastes. 

This can be a particular problem when 

waste management facilities treat 

hazardous wastes that exhibit the 

characteristic of ignitability, reactivity, 

corrosivity, or toxicity. Without an 

analytical standard, they cannot reliably 

determine which carbamate regulated 

constituents are present in the 

characteristic waste. In addition, 

without a way to demonstrate waste and 

treatment residual carbamate 

concentrations through analytical 

testing, they cannot certify that all 

carbamate regulated constituents 

reasonably expected to be present at the 

point of generation of such 

characteristic waste, have been treated 

to meet all applicable treatment 

standards (typically numeric 

concentration limits appearing in the 

Universal Treatment Standards table 

found in 268.48). 

Based on information we have 

collected and on previous LDR 

rulemakings pertaining to carbamate 

wastes, which raised identical issues 

and did not generate adverse comment, 

we do not believe that there will be 

adverse comments on this action. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, we 

are publishing a separate document that 

will serve as a proposed rule should we 

receive adverse comments on this 

action. We will not institute a second 

proposal or allow for another comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. 

If we receive adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that those specific amendments in this 

Direct Final Rule for which the Agency 

received adverse comment will not take 

effect, and the reason for such 

withdrawal. We would address all 

public comments in any subsequent 

final rule based on the proposed rule 

being concurrently published today. 

If we do not receive adverse comment, 

the rule will take effect on August 12, 

2011. Section 3010 (b) of RCRA states 

that rules implementing subtitle C of 

RCRA normally take effect six months 

after promulgation, but that EPA may 

provide for a shorter effective date for 

rules with which the regulated 

community does not need six months to 

come into compliance. This is such a 

rule, as the regulated community is able 

immediately to treat carbamate wastes 

using the designated methods of 

treatment. 

B. Does this action apply to me? 

This action applies to generators and 

treatment, storage and disposal facilities 

(TSDFs) managing EPA hazardous waste 

codes: 


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K156 ................................................ Organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) 

from the production of carbamates and carbamoyl oximes. 

K157 ................................................ Wastewaters (including scrubber waters, condenser waters, washwaters, and separation waters) from the 

production of carbamates and carbamoyl oximes. 

K158 ................................................ Bag house dusts and filter/separation solids from the production of carbamates and carbamoyl oximes. 

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. 

P127 ................................................ Carbofuran 

P128 ................................................ Mexacarbate 

P185 ................................................ Tirpate 

P188 ................................................ Physostigmine salicylate 

P189 ................................................ Carbosulfan 

P190 ................................................ Metolcarb 

P191 ................................................ Dimetilan 

P192 ................................................ Isolan 

P194 ................................................ Oxamyl 

P196 ................................................ Manganese dimethyldithiocarbamate 

P197 ................................................ Formparanate 

P198 ................................................ Formetanate hydrochloride 

P199 ................................................ Methiocarb 

P201 ................................................ Promecarb 

P202 ................................................ m-Cumenyl methylcarbamate 

P203 ................................................ Aldicarb sulfone 

P204 ................................................ Physostigmine 

P205 ................................................ Ziram 

U271 ................................................ Benomyl 

U278 ................................................ Bendiocarb 

U279 ................................................ Carbaryl 

U280 ................................................ Barban 

U364 ................................................ Bendiocarb phenol 

U367 ................................................ Carbofuran phenol 

U372 ................................................ Carbendazim 

U373 ................................................ Propham 

U387 ................................................ Prosulfocarb 

U389 ................................................ Triallate 

U394 ................................................ A221310 

U395 ................................................ Diethylene glycol, dicarbamate 

U404 ................................................ Triethylamine 

U409 ................................................ Thiophanate-methyl 

U410 ................................................ Thiodicarb 

U411 ................................................ Propoxur 

It also applies to generators and 

TSDFs of ignitable, corrosive, reactive 

and toxic hazardous wastes that are 

reasonably expected to contain one or 

more of the carbamate constituents 

listed above as underlying hazardous 

constituents at the point of the waste’s 

generation. 

C. Table of Contents 

I. Summary of This Action. 

II. Background. 

III. What are the Alternative Treatment 

Standards? 

IV. Why are we removing these wastes from 

the Universal Treatment Standards? 

V. State Authority 

A. How are states authorized under RCRA? 

B. How does this rule affect state 

authorization? 

VI. Statutory and Executive Orders. 

A. Regulatory Flexibility Act. 

B. Congressional Review Act. 

I. Summary of This Action 

We are taking direct final action to 

provide alternative LDR treatment 

standards for hazardous wastes from the 

production of carbamates and carbamate 

commercial chemical products, offspecification or manufacturing chemical 

intermediates and container residues 

that become hazardous waste when they 

are discarded or intended to be 

discarded. The current LDR treatment 

standards for these wastes are set as 

numeric concentration limits that must 

be achieved before the waste is land 

disposed (see 40 CFR 268.40). Today’s 

Direct Final Rule amends the existing 

treatment standards by allowing 

carbamate wastewaters to be treated 

using combustion, chemical oxidation, 

biodegradation or carbon adsorption 

(CMBST, CHOXD, BIODG or CARBN; 

see descriptions in the table found at 40 

CFR 268.42); and allowing carbamate 

nonwastewaters to be treated by 

combustion ((CMBST); see description 

in the table at 40 CFR 268.42) as legally 

permissible alternatives to the numeric 

concentration limits. In addition, 

today’s Direct Final Rule removes 

carbamates from the Table of Universal 

Treatment Standards (UTS) (40 CFR 

268.48), thus eliminating the obligation 

to treat carbamate regulated constituents 

to meet numeric concentration limits in 

order to comply with rules requiring the 

treatment of underlying hazardous 

constituents ((UHCs), see 268.40(a)(2)(i)) 

that are reasonably expected to be 

present in a waste which exhibits a 

hazardous waste characteristic at the 

point of the waste’s generation. 

II. Background 

Under sections 3004(d) through (g) of 

the Resource Conservation and 

Recovery Act (RCRA), the land disposal 

of hazardous wastes is prohibited unless 

the wastes meet the treatment standards, 

as generated, or are treated to meet the 

treatment standards established by EPA, 

or otherwise meet those standards. 

Section 3004(m) of RCRA requires EPA 

to set numeric concentration limits or 

methods of treatment that substantially 

diminish the hazardous waste’s toxicity 

or substantially reduce the likelihood of 

hazardous constituents migrating from 

the waste such that short-term and longterm threats to human health and the 

environment posed by the waste’s land 


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34150 Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Rules and Regulations 

disposal are minimized. EPA interprets 

this language to authorize treatment 

standards based on the performance of 

the best demonstrated available 

technology(ies) (BDAT) for treating 

hazardous wastes. This interpretation 

was upheld by the DC Circuit Court of 

Appeals in Hazardous Waste Treatment 

Council v. EPA, 886 F.2d 355 (DC Cir. 

1989). 

EPA promulgated the LDR ‘‘Phase III’’ 

final rule on April 8, 1996 that 

established treatment standards for 64 

listed hazardous wastes associated with 

the production of a number of 

carbamates (61 FR 15583). These 

treatment standards were based on data 

for similar wastes for which EPA 

promulgated UTS in1994 (59 FR 47982) 

and on analytical detection limits 

compiled from sampling and analysis 

reports prepared to support the 

proposed listing of carbamate wastes as 

hazardous wastes on February 9, 1995. 

The treatment standards are expressed 

as numeric concentration limits that 

have to be met before land disposal can 

occur. All the carbamate waste 

constituents were added to the UTS 

table found at 40 CFR 268.48. EPA 

promulgated numeric treatment 

standards for these carbamate wastes in 

1994 (59 FR 47982), and again in 1996 

(61 FR 15583), because performance 

using BDAT for these wastes resulted in 

concentration levels that could be 

measured in the waste residue (and thus 

became the numeric treatment 

standard), or because after BDAT 

treatment, the carbamate constituent(s) 

could no longer be detected in the 

treatment residue (and thus the 

detection limit was set by EPA as the 

numeric treatment standard). 

After promulgation of the Phase III 

rule on April 8 1996, but shortly before 

the treatment standards took effect on 

July 8, 1996, several companies in the 

waste management industry contacted 

EPA, reporting that analytical standards 

were not readily available for some of 

the carbamate constituents. An 

analytical standard is a standard 

reference material that is used to 

calibrate analytical instruments in order 

to confirm detection and quantification 

of a particular constituent. The Agency 

was unaware of the lack of analytical 

standards because the treatment 

standards were primarily based on 

analytical detection limits. We 

confirmed that analytical standards 

were not readily available for these 

carbamate constituents and realized that 

the waste management industry was 

unintentionally left in an unacceptable 

compliance situation: they were 

required to certify compliance with 

numeric LDR treatment standards, but 

commercial laboratories were not able to 

perform the necessary analyses for some 

of the newly regulated carbamate 

constituents. Thus, it was impossible to 

reliably document whether the LDR 

treatment standards were achieved for 

some carbamate wastes. 

The problem was complicated when 

the LDR rules that pertain to meeting 

the treatment standards for UHCs in 

hazardous wastes exhibiting the 

characteristic of ignitability, corrosivity, 

reactivity, and/or toxicity were 

promulgated. Specifically, for 

characteristic wastes (or waste that at 

point of generation exhibited a 

characteristic, but that have been treated 

so that they no longer do so), all UHCs 

reasonably expected to be present in the 

waste at the point of generation must 

meet the numeric concentration limits 

in the 268.48 UTS table. Because of the 

lack of analytical standards for some of 

the carbamate constituents, it was 

impossible to identify in all cases the 

UHCs reasonably expected to be present 

in the characteristic waste at the point 

of generation. Likewise, treatment 

facilities and regulatory agencies were 

unable to monitor compliance with 

numeric LDR treatment standards for 

UHC carbamates. 

As a result, EPA promulgated an 

emergency rule in 1996 (61 FR 43924, 

August 26, 1996) to establish temporary 

alternative treatment standards for 

several carbamate waste constituents for 

a one-year period, which we believed 

would provide sufficient time for 

analytical standards to be developed. 

The temporary alternative standards 

promulgated on August 26, 1996, 

provided the waste industry with the 

option of meeting the original numerical 

concentration limits or treating the 

waste by required methods of BDAT 

treatment: combustion for 

nonwastewaters, and combustion, 

chemical oxidation, biodegradation or 

carbon adsorption for wastewaters. The 

numeric treatment standard 

concentration limits were based upon 

the performance of these BDAT 

technologies, so we asserted that they 

would be adequate to meet the LDR 

treatment requirements, while avoiding 

the analytical problems associated with 

some of the carbamate constituents. 

However, analytical standards were 

not developed as we expected during 

the year. Thus, in August, 1997, EPA 

promulgated a second emergency Direct 

Final Rule that extended the alternative 

treatment standards for one additional 

year (62 FR 45568, August 28, 1997). At 

the end of that year, the analytic 

problems remained unsolved so in 

September, 1998, we promulgated a 

final rule that established 

technology(ies) as alternative LDR 

treatment standards for seven carbamate 

wastes for which there were no 

analytical standards. (The rule also 

removed the treatment standard for one 

carbamate constituent (ophhenylenediamine, because it was not 

able to be analyzed reliably by available 

analytical methods), reinstated the LDR 

treatment standards expressed as 

numerical concentration limits for 32 

carbamate constituents, and provided 

six months for the regulated community 

to arrange for analysis of the 32 waste 

constituents that were reinstated in that 

rule (63 FR 47410)). 

In late 2007, we also became aware of 

the lack of an analytical standard for yet 

another carbamate isomer, m-cumenyl 

methylcarbamate (see e-mail record 

from Nancy Paddock, Environmental 

Engineering Specialist, Veolia ES 

Technical Solutions to Jan Young, EPA, 

in RCRA Docket No. HQ–RCRA–2008– 

0332). An analytical standard once 

existed for this carbamate isomer, but it 

is now generally unavailable, and is too 

costly to specially produce. Moreover, 

the Agency speculates that this 

constituent may be phased out of 

production and it is neither economical 

nor technically feasible to continue to 

make an analytical standard for a 

constituent that soon may no longer be 

produced. 

Given our history of promulgating 

alternative treatment methods for 

specific carbamate wastes over the years 

and their projected phasing out, we are 

convinced that the lack of analytical 

standards with which to calibrate 

analytical instruments will continue to 

be an endemic problem. Therefore, the 

Agency believes it appropriate to 

promulgate additional rules and provide 

certainty to the regulated community, 

and thus, are extending the alternative 

BDAT treatment methods to all 

carbamate hazardous wastes and waste 

constituents in today’s rule. These 

alternative standards will apply to soil 

contaminated with these wastes as well. 

If there is no analytical standard 

available, then the Agency would 

consider that constituent ‘‘nonanalyzable’’ and the provisions of 

268.49(c)(3) would apply to the soil. 

It should be noted that some of the Klisted carbamate wastes have numeric 

treatment standards for constituents 

which are not carbamates. For example, 

there is a numeric standard for benzene 

in K156 (see 268.40). Those treatment 

standards are unaffected by today’s 

action. Nor is EPA reconsidering or 

otherwise reopening those standards for 

public comment. 


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III. What are the alternative treatment 

standards? 

This Direct Final Rule establishes 

alternative BDAT treatment standards 

for carbamate wastes. Because the 

alternative treatment standards are 

expressed as specified technologies, 

they eliminate the need for analytical 

testing to measure compliance with the 

existing numeric concentration limits 

for the carbamate waste constituents 

(i.e. carbamates). However, we are 

retaining the numeric concentration 

limits for carbamates in the 268.40 

Treatment Standard Table because 

allowing both specified treatment 

methods and numeric concentration 

limits provides maximum flexibility in 

the choice of treatment for these wastes. 

Thus, any treatment technology that is 

not considered impermissible dilution 

may be used to treat carbamate wastes 

to achieve the numeric treatment 

standards. We do not believe that there 

are many treatment technologies other 

than the ones we are promulgating as 

alternative treatment standards that are 

available for treatment of these wastes, 

but we are retaining the option of 

meeting the numeric standards should 

new treatment technologies be 

developed and/or analytical standards 

become available. 

The alternative treatment standards 

promulgated today are: combustion 

((CMBST), see description in the table 

40 CFR 268.42) for nonwastewaters; 

and, combustion, chemical oxidation, 

biodegradation or carbon adsorption 

((CMBST, CHOXD, BIODG or CARBN), 

see description in the table found at 40 

CFR 268.42) for wastewaters. Because 

the numerical concentration limits were 

based upon these BDATs for treatment 

of carbamate wastes, we believe that 

they fully satisfy the core requirement of 

the LDR program that hazardous wastes 

be effectively treated to minimize short 

and long-term threats to human health 

and the environment before they are 

land disposed. This is the same 

justification for EPA’s prior actions 

establishing these methods of treatment 

as alternative treatment standards for 

certain of the carbamate wastes, and has 

not been challenged or otherwise 

disputed. 

IV. Why are we removing carbamates 

from the Universal Treatment 

standards? 

Underlying hazardous constituents 

are defined in 268.40(a)(2)(i) as any 

constituent listed in Section 268.48, 

Table UTS—Universal Treatment 

Standards, except fluoride, selenium, 

sulfides, vanadium, and zinc, which can 

reasonably be expected to be present at 

the point of generation of the hazardous 

waste at a concentration above the 

constituent-specific UTS treatment 

standards. Hazardous waste constituents 

that are UHCs must be treated to meet 

the concentration limits specified in the 

UTS table. For hazardous wastes that 

are ignitable, corrosive, reactive, and/or 

toxic (i.e., wastes that exhibit a 

characteristic of hazardous waste) or 

wastes that at point of generation 

exhibit a characteristic, but that have 

been treated so that they no longer 

exhibit the characteristic, all UHCs 

reasonably expected to be present in the 

waste at the point of generation must be 

treated to meet the numeric 

concentration limits in the UTS table. 

Because of the current lack of 

analytical standards, it is not possible to 

definitely determine whether carbamate 

constituents are reasonably expected to 

be present in a characteristic waste at 

the point of generation. Likewise, 

treatment facilities and regulatory 

agencies are unable to monitor 

compliance with the UTS for these 

constituents. To prevent situations 

where the generator may not realize that 

his characteristic waste contains 

carbamates as UHCs or where the 

treatment facility cannot certify 

compliance with the UTS for carbamate 

wastes, it is necessary to remove the 

carbamate constituents from the UTS 

table. However, because BDATs for 

organic wastes are generally the same as 

those promulgated in today’s rule as 

alternative treatment standards for 

carbamate hazardous wastes, we believe 

that treatment of other organic wastes, if 

they are present in the characteristic 

waste, will adequately treat the 

carbamate constituents in the wastes. 

We are also making a conforming 

change to the UTS table by removing 

footnote 6 for several hazardous waste 

constituents. Footnote 6 refers to the 

status of certain wastes during the 

period of August 26, 1996 to March 4, 

1998, which obviously no longer 

applies. 

V. State Authority 

A. How are states authorized under 

RCRA? 

Under section 3006 of RCRA, EPA 

may authorize qualified states to 

administer their own hazardous waste 

programs in lieu of the Federal program 

within the state. Following 

authorization, EPA retains enforcement 

authority under sections 3008, 3013, 

and 7003 of RCRA, although authorized 

states have primary enforcement 

responsibility. The standards and 

requirements for state authorization are 

found at 40 CFR part 271. 

Prior to enactment of the Hazardous 

and Solid Waste Amendments of 1984 

(HSWA), a State with final RCRA 

authorization administered its 

hazardous waste program entirely in 

lieu of EPA administering the Federal 

program in that state. The Federal 

requirements no longer applied in the 

authorized state, and EPA could not 

issue permits for any facilities in that 

state, since only the state was 

authorized to issue RCRA permits. 

When new, more stringent Federal 

requirements were promulgated, the 

state was obligated to enact equivalent 

authorities within specified time frames. 

However, the new Federal requirements 

did not take effect in an authorized state 

until the state adopted the Federal 

requirements as state law. 

In contrast, under RCRA section 

3006(g) (42 U.S.C. 6926(g)), which was 

added by HSWA, new requirements and 

prohibitions imposed under HSWA 

authority take effect in authorized states 

at the same time that they take effect in 

unauthorized states. EPA is directed by 

the statute to implement these 

requirements and prohibitions in 

authorized states, including the 

issuance of permits, until the state is 

granted authorization to do so. While 

states must still adopt HSWA-related 

provisions as state law to retain final 

authorization, EPA implements the 

HSWA provisions in authorized states 

until the states do so. 

Authorized states are required to 

modify their programs only when EPA 

enacts Federal requirements that are 

more stringent or broader in scope than 

existing Federal requirements. RCRA 

section 3009 allows the states to impose 

standards more stringent than those in 

the Federal program (see also 40 CFR 

271.1). Therefore, authorized states may, 

but are not required to, adopt Federal 

regulations, both HSWA and nonHSWA, that are considered less 

stringent than previous Federal 

regulations. 

B. How does this rule affect state 

authorization? 

Today’s rule is promulgated pursuant 

to HSWA authority and is neither more 

nor less stringent. Because RCRA 

section 3009 allows states to be more 

stringent, they do not have to adopt this 

provision. Today’s addition of alternate 

treatment standards for carbamate 

wastes is promulgated pursuant to 

RCRA section 3004(m), a HSWA 

provision. Therefore, we are adding this 

rule to Table 1 in 40 CFR 271.1(j), which 

identifies the Federal program 

requirements that are promulgated 

pursuant to HSWA and take effect in all 

States, regardless of their authorization 


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status. The land disposal restrictions for 

carbamate wastes are promulgated 

pursuant to RCRA section 3004(g) and 

(m), also HSWA provisions. Table 2 in 

40 CFR 271.1(j) is modified to indicate 

that these requirements are selfimplementing. 

States may apply for final 

authorization for the HSWA provisions 

in 40 CFR 271.1(j), as discussed below. 

Until the States receive authorization for 

these HSWA provisions, EPA would 

implement them. The procedures and 

schedule for final authorization of State 

program modifications are described in 

40 CFR 271.21. 

Section 271.21(e)(2) of EPA’s State 

authorization regulations (40 CFR part 

271) requires that States with final 

authorization to modify their programs 

to reflect Federal program changes and 

submit the modifications to EPA for 

approval. The deadline by which the 

States would need to modify their 

programs to adopt this regulation is 

determined by the date of promulgation 

of a final rule in accordance with 

section 271.21(e)(2). Once EPA approves 

the modification, the State requirements 

would become RCRA Subtitle C 

requirements. 

States with authorized RCRA 

programs already may have regulations 

similar to those in this final rule. These 

State regulations have not been assessed 

against the Federal regulations finalized 

today. Thus, a State would not be 

authorized to implement these 

regulations as RCRA requirements until 

State program modifications are 

submitted to EPA and approved, 

pursuant to 40 CFR 271.21. Of course, 

States with existing regulations that are 

similar to those promulgated today may 

continue to administer and enforce their 

regulations as a matter of State law. In 

implementing the HSWA requirements, 

EPA will work with the States under 

agreements to avoid duplication of 

effort. 

VI. Statutory and Executive Order 

Reviews 

As explained above, this action 

augments existing LDRs by establishing 

alternative treatment standards 

expressed as technologies that may be 

used to treat the carbamate hazardous 

waste under the LDR program. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ under the terms of Executive 

Order 12866 (58 FR 51735, October 4, 

1993) and is therefore not subject to 

review under Executive Orders 12866 

and 13563 (76 FR 3821, January 21, 

2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132: Federalism (64 FR 43255, 

August 10, 1999); 

• Does not have Tribal implications 

as specified by Executive Order 13175: 

Consultation and Coordination with 

Indian Tribal Governments (65 FR 

67249, November 9, 2000), because, as 

the rule does not make any substantive 

changes, it will not impose substantial 

direct costs on Tribal governments or 

preempt Tribal law; 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045: Protection of Children from 

Environmental Health and Safety Risks 

(62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211: 

Actions that Significantly Affect Energy 

Supply, Distribution, or Use (66 FR 

28355, May 22, 2001); 

• Does not involve technical 

standards; thus the requirements of 

§ 12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(15 U.S.C. 272) do not apply; and 

• Does not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations under 

Executive Order 12898: Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994) because it does not affect the level 

of protection provided to human health 

or the environment. 

A. 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 today’s rule on small entities, small 

entity is defined as (1) a small business 

that is primarily engaged in hazardous 

waste treatment and disposal as defined 

by NAICS code 562211 with annual 

receipts of less than 12.5 million dollars 

(based on Small Business 

Administration size standards); (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-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities because its 

merely establishes alternative treatment 

standards expressed as technologies that 

may be used to treat the carbamate 

hazardous waste under the LDR 

program. These carbamate hazardous 

wastes already are subject to numeric 

treatment standards under the LDR 

program, and thus, this rule will have 

no new impacts. Therefore, we hereby 

certify that this rule will not add any 

new regulatory requirements to small 

entities, and does not require a 

regulatory flexibility analysis. 

B. 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 Direct 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 of the rule 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). 

List of Subjects 

40 CFR Part 268 

Environmental protection, Hazardous 

waste, Land disposal restrictions. 

40 CFR Part 271 

Environmental protection, Hazardous 

waste. 

Dated: June 7, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons set out in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 


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PART 268—LAND DISPOSAL 

RESTRICTIONS 

■ 1. The authority citation for part 268 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921, 

and 6924. 

■ 2. Section 268.40, the Table of 

Treatment Standards in paragraph (b) is 

amended by revising the entries for 

‘‘K156’’, ‘‘K157’’, ‘‘K158’’, ‘‘K159’’, ‘‘K161’’, 

‘‘P127’’, ‘‘P128’’, P185’’, ‘‘P188’’, ‘‘P189’’, 

‘‘P190’’, ‘‘P191’’, ‘‘P192’’, ‘‘P194h’’, ‘‘P196’’, 

‘‘P197’’, ‘‘P198’’, ‘‘P199’’, ‘‘P201’’, ‘‘P202’’, 

‘‘P203’’, ‘‘P204’’, ‘‘P205’’, ‘‘U271’’, ‘‘U278’’, 

‘‘U279’’, ‘‘U280’’, ‘‘U364’’, ‘‘U367’’, 

‘‘U372’’, ‘‘U373’’, ‘‘U387’’, ‘‘U389’’, 

‘‘U394’’. ‘‘U395’’, ‘‘U404’’, ‘‘U409’’, 

‘‘U410’’, and ‘‘U411’’ to read as follows: 

TREATMENT STANDARDS FOR HAZARDOUS WASTES

[Note: NA means not applicable] 

Waste 

code 

Waste description and treatment/Regulatory subcategory 1

Regulated hazardous constituent 

Wastewaters concentration 3 in mg/L; 

or technology code 4

Nonwastewaters concentration 5 in mg/kg 

unless noted as ‘‘mg/L 

TCLP’’; or technology 

code 4

Common name CAS2 number 

*******

K156 Organic waste (including heavy ends, still 

bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl 

oximes.

Acetonitrile .............. 75–05–8 5.6 1.8 

Acetophenone ......... 98–86–2 0.010 9.7 

Aniline ..................... 62–53–3 0.81 14 

Benomyl 10 .............. 17804–35–2 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

Benzene .................. 71–43–2 0.14 10 

Carbaryl 10 ............... 63–25–2 0.006; or CMBST, 

CHOXD, BIODG 

or CARBN 

0.14; or CMBST 

Carbenzadim 10 ....... 10605–21–7 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

Carbofuran 10 .......... 1563–66–2 0.006; or CMBST, 

CHOXD, BIODG 

or CARBN 

0.14; or CMBST 

Carbosulfan 10 ......... 55285–14–8 0.028; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

Chlorobenzene ........ 108–90–7 0.057 6.0 

Chloroform .............. 67–66–3 0.046 6.0 

o-Dichlorobenzene .. 95–50–1 0.088 6.0 

Methomyl 10 ............. 16752–77–5 0.028; or CMBST, 

CHOXD, BIODG 

or CARBN 

0.14; or CMBST 

Methylene chloride .. 75–09–2 0.089 30 

Methyl ethyl ketone 78–93–3 0.28 36 

Naphthalene ............ 91–20–3 0.059 5.6 

Phenol ..................... 108–95–2 0.039 6.2 

Pyridine ................... 110–86–1 0.014 16 

Toluene ................... 108–88–3 0.080 10 

Triethylamine ........... 121–44–8 0.081; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.5; or CMBST 

K157 Wastewaters (including scrubber waters, 

condenser waters, washwaters, and 

separation waters) from the production 

of carbamates and carbamoyl oximes.

Carbon tetrachloride 56–23–5 0.057 6.0 

Chloroform .............. 67–66–3 0.046 6.0 

Chloromethane ........ 74–87–3 0.19 30 

Methomyl 10 ............. 16752–77–5 0.028; or CMBST, 

CHOXD, BIODG 

or CARBN 

0.14; or CMBST 

Methylene chloride .. 75–09–2 0.089 30 

Methylethyl ketone .. 78–93–3 0.28 36 

Pyridine ................... 110–86–1 0.014 16 

Triethylamine ........... 121–44–8 0.081 or CMBST, 

CHOXD, BIODG 

or CARBN 

1.5; or CMBST 

K158 Bag house dusts and filter/separation solids from the production of carbamates 

and carbamoyl oximes.

Benzene .................. 71–43–2 0.14 10 


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TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued 

[Note: NA means not applicable] 

Waste 

code 

Waste description and treatment/Regulatory subcategory 1

Regulated hazardous constituent 

Wastewaters concentration 3 in mg/L; 

or technology code 4

Nonwastewaters concentration 5 in mg/kg 

unless noted as ‘‘mg/L 

TCLP’’; or technology 

code 4

Common name CAS2 number 

Carbenzadim 10 ....... 10605–21–7 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

Carbofuran 10 .......... 1563–66–2 0.006; or CMBST, 

CHOXD, BIODG 

or CARBN 

0.14; or CMBST 

Carbosulfan 10 ......... 55285–14–8 0.028; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

Chloroform .............. 67–66–3 0.046 6.0 

Methylene chloride .. 75–09–2 0.089 30 

Phenol ..................... 108–95–2 0.039 6.2 

K159 Organics from the treatment of 

thiocarbamate wastes.

Benzene .................. 71–43–2 0.14 10 

Butylate 10 ............... 2008–41–5 0.042; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

EPTC (Eptam) 10 759–94–4 0.042; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

Molinate10 ............... 2212–67–1 0.042; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

Pebulate10 ............... 1114–71–2 0.042; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

Vernolate10 .............. 1929–77–7 0.042; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

K161 Purification solids (including filtration, 

evaporation, and centrifugation solids), 

baghouse dust and floor sweepings 

from the production of dithiocarbamate 

acids and their salts.

Antimony ................. 7440–36–0 1.9 1.15 mg/L TCLP 

Arsenic .................... 7440–38–2 1.4 5.0 mg/L TCLP 

Carbon disulfide ...... 75–15–0 3.8 4.8 mg/L TCLP 

Dithiocarbamates 

(total) 10.

NA 0.028; or CMBST, 

CHOXD, BIODG 

or CARBN 

28; or CMBST 

Lead ........................ 7439–92–1 0.69 0.75 mg/L TCLP 

Nickel ...................... 7440–02–0 3.98 11.0 mg/L TCLP 

Selenium ................. 7782–49–2 0.82 5.7 mg/L TCLP 

* * * * * * * 

P127 Carbofuran 10 ............................................ Carbofuran .............. 1563–66–2 0.006; or CMBST, 

CHOXD, BIODG 

or CARBN 

0.14; or CMBST 

P128 Mexacarbate10 .......................................... Mexacarbate ........... 315–18–4 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

P185 Tirpate 10 ................................................... Tirpate ..................... 26419–73–8 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

0.28; or CMBST 

P188 Physostigmine salicylate 10 ....................... Physostigmine salicylate.

57–64–7 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

P189 Carbosulfan 10 ........................................... Carbosulfan ............. 55285–14–8 0.028; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

P190 Metolcarb 10 .............................................. Metolcarb ................ 1129–41–5 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

P191 Dimetilan 10 ............................................... Dimetilan ................. 644–64–4 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 


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TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued 

[Note: NA means not applicable] 

Waste 

code 

Waste description and treatment/Regulatory subcategory 1

Regulated hazardous constituent 

Wastewaters concentration 3 in mg/L; 

or technology code 4

Nonwastewaters concentration 5 in mg/kg 

unless noted as ‘‘mg/L 

TCLP’’; or technology 

code 4

Common name CAS2 number 

P192 Isolan 10 ..................................................... Isolan ....................... 119–38–0 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

P194 Oxamyl 10 .................................................. Oxamyl .................... 23135–22–0 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

0.28; or CMBST 

P196 Manganese dimethyldithio-carbamate 10 .. Dithiocarbamates 

(total).

NA 0.028; or CMBST, 

CHOXD, BIODG 

or CARBN 

28; or CMBST 

P197 Formparanate 10 ........................................ Formparante ............ 17702–57–7 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

P198 Formetanate hydrochloride 10 ................... Formetanate hydrochloride.23422–53–9 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

P199 Methiocarb 10 ............................................ Methiocarb .............. 2032–65–7 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

P201 Promecarb 10 ............................................. Promecarb ............... 2631–37–0 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

P202 m-Cumenyl methylcarbamate 10 ............... m-Cumenyl 

methylcarbamate.

64–00–6 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

P203 Aldicarb sulfone 10 .................................... Aldicarb sulfone ...... 1646–88–4 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

0.28; or CMBST 

P204 Physostigmine 10 ....................................... Physostigmine ......... 57–47–6 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

P205 Ziram 10 ..................................................... Dithiocarbamates 

(total).

NA 0.028; or CMBST, 

CHOXD, BIODG 

or CARBN 

28; or CMBST 

* * * * * * * 

U271 Benomyl 10 ................................................ Benomyl .................. 17804–35–2 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

U278 Bendiocarb 10 ............................................ Bendiocarb .............. 22781–23–3 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

U279 Carbaryl 10 ................................................. Carbaryl ................... 63–25–2 0.006; or CMBST, 

CHOXD, BIODG 

or CARBN 

0.14; or CMBST 

U280 Barban 10 ................................................... Barban ..................... 101–27–9 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

* * * * * * * 

U364 Bendiocarb phenol 10 ................................ Bendiocarb phenol .. 22961–82–6 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

U367 Carbofuran phenol 10 ................................ Carbofuran phenol .. 1563–38–8 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

U372 Carbendazim 10 ......................................... Carbendazim ........... 10605–21–7 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

U373 Propham 10 ................................................ Propham .................. 122–42–9 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

U387 Prosulfocarb 10 .......................................... Prosulfocarb ............ 52888–80–9 0.042; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

U389 Triallate 10 ................................................. Triallate ................... 2303–17–5 0.042; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 


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TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued 

[Note: NA means not applicable] 

Waste 

code 

Waste description and treatment/Regulatory subcategory 1

Regulated hazardous constituent 

Wastewaters concentration 3 in mg/L; 

or technology code 4

Nonwastewaters concentration 5 in mg/kg 

unless noted as ‘‘mg/L 

TCLP’’; or technology 

code 4

Common name CAS2 number 

U394 A2213 10 .................................................... A2213 ...................... 30558–43–1 0.042; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

U395 Diethylene glycol, dicarbamate 10 ............. Diethylene glycol, 

dicarbamate.

5952–26–1 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

U404 Triethylamine 10 ......................................... Triethylamine ........... 121–44–8 0.081; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.5; or CMBST 

U409 Thiophanate-methyl 10 .............................. Thiophanate-methyl 23564–05–8 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

U410 Thiodicarb 10 ............................................. Thiodicarb ............... 59669–26–0 0.019; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

U411 Propoxur 10 ................................................ Propoxur .................. 114–26–1 0.056; or CMBST, 

CHOXD, BIODG 

or CARBN 

1.4; or CMBST 

FOOTNOTES TO TREATMENT STANDARD TABLE 268.40 

1The waste descriptions provided in this table do not replace waste descriptions in 40 CFR 261. Descriptions of Treatment/Regulatory Subcategories are provided, as needed, to distinguish between applicability of different standards. 2 CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a combination of a chemical 

with its salts and/or esters, the CAS number is given for the parent compound only. 3 Concentration standards for wastewaters are expressed in mg/L and are based on analysis of composite samples. 

4All treatment standards expressed as a Technology Code or combination of Technology Codes are explained in detail in 40 CFR 268.42 

Table 1—Technology Codes and Descriptions of Technology-Based Standards. 5Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards expressed as a concentration 

were established, in part, based upon incineration in units operated in accordance with the technical requirements of 40 CFR Part 264 Subpart O 

or Part 265 Subpart O, or based upon combustion in fuel substitution units operating in accordance with applicable technical requirements. A facility may comply with these treatment standards according to provisions in 40 CFR 268.40(d). All concentration standards for nonwastewaters 

are based on analysis of grab samples. 

* * * * * * * 

10The treatment standard for this waste may be satisfied by either meeting the constituent concentrations in this table or by treating the waste 

by the specified technologies: combustion, as defined by the technology code CMBST at § 268.42 Table 1 of this Part for nonwastewaters; and 

biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidation as 

defined by the technology code CHOXD, or combustion as defined as technology code CMBST at § 268.42 Table 1 of this Part, for wastewaters. 

* * * * * * * 

■ 3. Section 268.48, the Table of UTS— 

Universal Treatment Standards is 

amended by 

■ a. Removing the entries for Aldicarb 

sulfone, Barban, Bendiocarb, Benomyl, 

Butylate, Carbaryl, Carbenzadim, 

Carbofuran, Carbofuran phenol, 

Carbosulfan, m-Cumenyl 

methylcarbamate, Dithiocarbamates 

(total), EPTC (Eptam), Formetanate 

hydrochloride, Methiocarb, Methomyl, 

Metolcarb, Mexacarbate, Molinate, 

Oxamyl, Pebulate, Physostigmine, 

Physostigmine salicylate, Promecarb, 

Propham, Propoxur, Prosulfocarb, 

Thiodicarb, Thiophanate-methyl, 

Triallate, Triethylamin, and Vemolate; 

and 

■ b. Removing and reserving footnote 6. 

PART 271—REQUIREMENTS FOR 

AUTHORIZATION OF STATE 

HAZARDOUS WASTE PROGRAMS 

■ 4. The authority citation for part 271 

continues to read as follows: 

Authority: 42 U.S.C. 9602; 33 U.S.C. 1321 

and 1361. 

Subpart A—Requirements for Final 

Authorization 

■ 5. Section 271.1(j) is amended by 

adding the following entry to Table 1 in 

chronological order by promulgation 

date in the Federal Register, and by 

adding the following entry to Table 2 in 

chronological order by effective date in 

the Federal Register, to read as follows: 

§ 271.1 Purpose and scope. 

* * * * * 

(j) * * * 


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Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Rules and Regulations 34157 

TABLE 1—REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 

Promulgation date Title of regulation Federal Register reference Effective date 

*******

June 13, 2011 ......................... Land Disposal Restrictions: Revision of the Treatment 

Standards for Carbamate Hazardous Wastes.

76 FR [Insert page number] .. 8/12/11. 

* * * * * * * 

* * * * * 

TABLE 2—SELF-IMPLEMENTING PROVISIONS OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 

Effective date Self-implementing provision RCRA citation Federal Register 

reference 

*******

August 12, 2011 ..................... Land Disposal Restrictions: Revision of the Treatment 

Standards for Carbamate Hazardous Wastes.

3004(m) ................................. 76 FR [Insert 

Page Numbers] 

* * * * * * * 

* * * * * 

[FR Doc. 2011–14594 Filed 6–10–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 217 

[Docket No. 0808041026–1295–02] 

RIN 0648–AX09 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Operation and 

Maintenance of the Neptune Liquefied 

Natural Gas Facility off Massachusetts 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS, upon application from 

Neptune LNG LLC (Neptune), is issuing 

regulations pursuant to the Marine 

Mammal Protection Act (MMPA) to 

govern the unintentional taking of 

marine mammals, by harassment, 

incidental to port commissioning and 

operations, including maintenance and 

repair activities, at the Neptune 

Deepwater Port (the Port) in 

Massachusetts Bay for the period of July 

2011 through July 2016. These 

regulations, which allow for the 

issuance of Letters of Authorization 

(LOAs) for the incidental take of marine 

mammals during the described activities 

and specified timeframes, prescribe the 

permissible methods of taking and other 

means of effecting the least practicable 

adverse impact on marine mammal 

species or stocks and their habitat, as 

well as requirements pertaining to the 

monitoring and reporting of such taking. 

DATES: Effective from July 11, 2011, 

through August 10, 2016. 

ADDRESSES: A copy of Neptune’s 

application may be obtained by writing 

to Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, NMFS, 

1315 East West Highway, Silver Spring, 

MD 20910, calling the contact listed 

under FOR FURTHER INFORMATION

CONTACT, or visiting the Internet at: 

http://www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. Documents cited in this 

final rule may also be viewed, by 

appointment, during regular business 

hours at the above address. 

The Final Environmental Impact 

Statement (Final EIS) on the Neptune 

Deepwater Port License Application 

authored by the Maritime 

Administration (MARAD) and U.S. 

Coast Guard (USCG) is available for 

viewing at http://www.regulations.gov 

by entering the search words ‘‘Neptune 

LNG.’’ 

FOR FURTHER INFORMATION CONTACT: 

Candace Nachman, Office of Protected 

Resources, NMFS, (301) 713–2289, ext 

156. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s), will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant), and if 

the permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings are set forth. NMFS has 

defined ‘‘negligible impact’’ in 50 CFR 

216.103 as ‘‘* * * an impact resulting 

from the specified activity that cannot 

be reasonably expected to, and is not 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival.’’ 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: 

any act of pursuit, torment, or annoyance 

which (i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[‘‘Level A harassment’’]; or (ii) has the 

potential to disturb a marine mammal or 

marine mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[‘‘Level B harassment’’]. 


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