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[Federal Register Volume 76, Number 113 (Monday, June 13, 2011)]
[Rules and Regulations]
[Pages 34147-34157]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14594]

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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.

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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, off-
specification 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

[[Page 34148]]

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:

[[Page 34149]]

------------------------------------------------------------------------
 
------------------------------------------------------------------------
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, off-
specification 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 long-term threats to human 
health and the environment posed by the waste's land

[[Page 34150]]

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 
(o-phhenylenediamine, 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 ``non-analyzable'' and the 
provisions of 268.49(c)(3) would apply to the soil.
    It should be noted that some of the K-listed 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.

[[Page 34151]]

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 non-HSWA, 
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

[[Page 34152]]

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 self-implementing.
    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 Sec.  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-for-profit 
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:

[[Page 34153]]

PART 268--LAND DISPOSAL RESTRICTIONS

0
1. The authority citation for part 268 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.

0
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]
----------------------------------------------------------------------------------------------------------------
                                        Regulated hazardous constituent                          Nonwastewaters
                                     ------------------------------------                      concentration \5\
              Waste description and                                           Wastewaters       in mg/kg unless
 Waste code    treatment/Regulatory                                        concentration \3\    noted as ``mg/L
                 subcategory \1\          Common name     CAS \2\ number      in mg/L; or          TCLP''; or
                                                                          technology code \4\   technology code
                                                                                                      \4\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
K156         Organic waste            Acetonitrile......         75-05-8  5.6                  1.8
              (including heavy ends,
              still bottoms, light
              ends, spent solvents,
              filtrates, and
              decantates) from the
              production of
              carbamates and
              carbamoyl oximes.
                                      Acetophenone......         98-86-2  0.010                9.7
                                      Aniline...........         62-53-3  0.81                 14
                                      Benomyl \10\......      17804-35-2  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
                                      Benzene...........         71-43-2  0.14                 10
                                      Carbaryl \10\.....         63-25-2  0.006; or CMBST,     0.14; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
                                      Carbenzadim \10\..      10605-21-7  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
                                      Carbofuran \10\...       1563-66-2  0.006; or CMBST,     0.14; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
                                      Carbosulfan \10\..      55285-14-8  0.028; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
                                      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,     0.14; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
                                      Methylene chloride         75-09-2  0.089                30
                                      Methyl ethyl               78-93-3  0.28                 36
                                       ketone.
                                      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,     1.5; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
K157         Wastewaters (including   Carbon                     56-23-5  0.057                6.0
              scrubber waters,         tetrachloride.
              condenser waters,
              washwaters, and
              separation waters)
              from the production of
              carbamates and
              carbamoyl oximes.
                                      Chloroform........         67-66-3  0.046                6.0
                                      Chloromethane.....         74-87-3  0.19                 30
                                      Methomyl \10\.....      16752-77-5  0.028; or CMBST,     0.14; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
                                      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,      1.5; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
K158         Bag house dusts and      Benzene...........         71-43-2  0.14                 10
              filter/separation
              solids from the
              production of
              carbamates and
              carbamoyl oximes.

[[Page 34154]]

 
                                      Carbenzadim \10\..      10605-21-7  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
                                      Carbofuran \10\...       1563-66-2  0.006; or CMBST,     0.14; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
                                      Carbosulfan \10\..      55285-14-8  0.028; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
                                      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        Benzene...........         71-43-2  0.14                 10
              treatment of
              thiocarbamate wastes.
                                      Butylate \10\.....       2008-41-5  0.042; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
                                      EPTC (Eptam)\ 10\.        759-94-4  0.042; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
                                      Molinate\10\......       2212-67-1  0.042; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
                                      Pebulate\10\......       1114-71-2  0.042; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
                                      Vernolate\10\.....       1929-77-7  0.042; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
K161         Purification solids      Antimony..........       7440-36-0  1.9                  1.15 mg/L TCLP
              (including filtration,
              evaporation, and
              centrifugation
              solids), baghouse dust
              and floor sweepings
              from the production of
              dithiocarbamate acids
              and their salts.
                                      Arsenic...........       7440-38-2  1.4                  5.0 mg/L TCLP
                                      Carbon disulfide..         75-15-0  3.8                  4.8 mg/L TCLP
                                      Dithiocarbamates                NA  0.028; or CMBST,     28; or CMBST
                                       (total) \10\.                       CHOXD, BIODG or
                                                                           CARBN
                                      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,     0.14; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
P128         Mexacarbate\10\........  Mexacarbate.......        315-18-4  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
P185         Tirpate \10\...........  Tirpate...........      26419-73-8  0.056; or CMBST,     0.28; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
P188         Physostigmine            Physostigmine              57-64-7  0.056; or CMBST,     1.4; or CMBST
              salicylate \10\.         salicylate.                         CHOXD, BIODG or
                                                                           CARBN
P189         Carbosulfan \10\.......  Carbosulfan.......      55285-14-8  0.028; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
P190         Metolcarb \10\.........  Metolcarb.........       1129-41-5  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
P191         Dimetilan \10\.........  Dimetilan.........        644-64-4  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN

[[Page 34155]]

 
P192         Isolan \10\............  Isolan............        119-38-0  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
P194         Oxamyl \10\............  Oxamyl............      23135-22-0  0.056; or CMBST,     0.28; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
P196         Manganese                Dithiocarbamates                NA  0.028; or CMBST,     28; or CMBST
              dimethyldithio-          (total).                            CHOXD, BIODG or
              carbamate \10\.                                              CARBN
P197         Formparanate \10\......  Formparante.......      17702-57-7  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
P198         Formetanate              Formetanate             23422-53-9  0.056; or CMBST,     1.4; or CMBST
              hydrochloride \10\.      hydrochloride.                      CHOXD, BIODG or
                                                                           CARBN
P199         Methiocarb \10\........  Methiocarb........       2032-65-7  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
P201         Promecarb \10\.........  Promecarb.........       2631-37-0  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
P202         m-Cumenyl                m-Cumenyl                  64-00-6  0.056; or CMBST,     1.4; or CMBST
              methylcarbamate \10\.    methylcarbamate.                    CHOXD, BIODG or
                                                                           CARBN
P203         Aldicarb sulfone \10\..  Aldicarb sulfone..       1646-88-4  0.056; or CMBST,     0.28; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
P204         Physostigmine \10\.....  Physostigmine.....         57-47-6  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
P205         Ziram \10\.............  Dithiocarbamates                NA  0.028; or CMBST,     28; or CMBST
                                       (total).                            CHOXD, BIODG or
                                                                           CARBN
 
                                                  * * * * * * *
U271         Benomyl \10\...........  Benomyl...........      17804-35-2  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
U278         Bendiocarb \10\........  Bendiocarb........      22781-23-3  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
U279         Carbaryl \10\..........  Carbaryl..........         63-25-2  0.006; or CMBST,     0.14; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
U280         Barban \10\............  Barban............        101-27-9  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
 
                                                  * * * * * * *
U364         Bendiocarb phenol \10\.  Bendiocarb phenol.      22961-82-6  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
U367         Carbofuran phenol \10\.  Carbofuran phenol.       1563-38-8  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
U372         Carbendazim \10\.......  Carbendazim.......      10605-21-7  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
U373         Propham \10\...........  Propham...........        122-42-9  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
U387         Prosulfocarb \10\......  Prosulfocarb......      52888-80-9  0.042; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
U389         Triallate \10\.........  Triallate.........       2303-17-5  0.042; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN

[[Page 34156]]

 
U394         A2213 \10\.............  A2213.............      30558-43-1  0.042; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
U395         Diethylene glycol,       Diethylene glycol,       5952-26-1  0.056; or CMBST,     1.4; or CMBST
              dicarbamate \10\.        dicarbamate.                        CHOXD, BIODG or
                                                                           CARBN
U404         Triethylamine \10\.....  Triethylamine.....        121-44-8  0.081; or CMBST,     1.5; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
U409         Thiophanate-methyl \10\  Thiophanate-methyl      23564-05-8  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
U410         Thiodicarb \10\........  Thiodicarb........      59669-26-0  0.019; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
U411         Propoxur \10\..........  Propoxur..........        114-26-1  0.056; or CMBST,     1.4; or CMBST
                                                                           CHOXD, BIODG or
                                                                           CARBN
----------------------------------------------------------------------------------------------------------------
FOOTNOTES TO TREATMENT STANDARD TABLE 268.40
\1\ The 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.
\4\ All 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.
\5\ Except 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.
* * * * * * *
\10\ The 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 Sec.   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 Sec.   268.42 Table
  1 of this Part, for wastewaters.
* * * * * * *

0
3. Section 268.48, the Table of UTS--Universal Treatment Standards is 
amended by
0
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
0
b. Removing and reserving footnote 6.

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE 
PROGRAMS

0
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

0
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:

Sec.  271.1  Purpose and scope.

* * * * *
    (j) * * *

[[Page 34157]]

               Table 1--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
                                                                  Federal Register
         Promulgation date              Title of regulation           reference             Effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
June 13, 2011.....................  Land Disposal               76 FR [Insert page    8/12/11.
                                     Restrictions: Revision of   number].
                                     the Treatment Standards
                                     for Carbamate Hazardous
                                     Wastes.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

            Table 2--Self-Implementing Provisions of the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
                                         Self-implementing
          Effective date                     provision              RCRA citation     Federal Register reference
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
August 12, 2011...................  Land Disposal               3004(m).............  76 FR [Insert Page
                                     Restrictions: Revision of                         Numbers]
                                     the Treatment Standards
                                     for Carbamate Hazardous
                                     Wastes.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2011-14594 Filed 6-10-11; 8:45 am]
BILLING CODE 6560-50-P
```