[Federal Register: December 4, 2003 (Volume 68, Number 233)]
[Proposed Rules]
[Page 67915-67930]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de03-21]
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Part IV
Environmental Protection Agency
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40 CFR Parts 302 and 355
Reportable Quantity Adjustments for Carbamates and Carbamate-Related
Hazardous Waste Streams; Reportable Quantity Adjustment for Inorganic
Chemical Manufacturing Processes Waste (K178); Proposed Rule
[[Page 67916]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 302 and 355
[SW H-FRL-7594-4]
RIN 2050-AE12
Reportable Quantity Adjustments for Carbamates and Carbamate-
Related Hazardous Waste Streams; Reportable Quantity Adjustment for
Inorganic Chemical Manufacturing Processes Waste (K178)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA or ``the
Agency'') is proposing reportable quantity (RQ) adjustments for 28
individual carbamates and five carbamate-related hazardous waste
streams listed as hazardous wastes under the Resource Conservation and
Recovery Act, and as hazardous substances with one-pound statutory RQs
under the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA). In addition, EPA is proposing to adjust the
one-pound statutory RQ of another hazardous waste stream, K178, which
is unrelated to the carbamates addressed in this rule.
EPA thoroughly evaluated the intrinsic properties of these
substances to assess the possibility of harm from the release of each
substance into the environment and to determine the appropriate levels
that require release notification. The proposed RQ adjustments will
relieve the regulated community and emergency response personnel from
the burden of making and receiving reports of releases that are
unlikely to pose a threat to public health or welfare or the
environment.
DATES: To make sure we consider your comments on this proposed rule,
they must be postmarked on or before February 2, 2004. Comments
postmarked after this date will be marked ``late'' and may not be
considered.
ADDRESSES: Comments submitted by regular U.S. Postal Service mail
should be sent to: Docket Coordinator, Superfund Docket Office, Mail
Code 5202T, U.S. Environmental Protection Agency Headquarters, Ariel
Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
Comments may also be submitted electronically, in person, or by special
delivery. To ensure proper receipt by EPA, it is imperative that you
identify the appropriate docket control number in the subject line on
the first page of your comment. These docket control numbers, as well
as detailed instructions on how to submit your comments, are provided
in the section entitled ``How and to Whom Do I Submit Comments?'' in
the supplemental information portion of this preamble.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA, Superfund, and EPCRA Hotline at 800/424-9346 or TDD 800/553-7672
(hearing impaired). In the Washington, DC metropolitan area, call 703/
412-9810 or TDD 703/412-3323 (hearing impaired). For information on
specific aspects of the rule, contact Lynn Beasley of the Office of
Emergency and Remedial Response (5204G), U.S. Environmental Protection
Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Ms. Beasley's e-mail address is beasley.lynn@epa.gov, and her
telephone number is 703/603-9086.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Potentially Regulated Entities
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Type of entity Examples of affected entities
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Industry.......................... Manufacturers, handlers,
transporters, and other users of
carbamates. These substances are
often used as insecticides,
fungicides, herbicides,
accelerators in the vulcanization
of rubber, or as chemical
intermediates in the manufacture of
drugs, pesticides, or resins. In
addition, entities that may release
K178 waste streams will also be
affected.
State, Local, or Tribal State Emergency Response
Governments. Commissions, and Local Emergency
Planning Committees.
Federal Government................ National Response Center, and any
Federal agency that may release
these carbamates and waste streams.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your facility, company, business, or organization is regulated by this
action, you should carefully examine the proposed changes to 40 CFR
parts 302 and 355. If you have questions regarding the applicability of
this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
B. How Can I Get Copies of Support Documents for This Rule?
1. Docket. EPA has established an official public docket for the
Carbamates and Carbamate-Related Hazardous Waste Streams (Docket ID No.
SFUND-2002-0010) and an official public docket for the Inorganic
Chemical Manufacturing Processes Waste (K178) (Docket ID No. SFUND-
2002-0011). The official public docket consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public docket does not include Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. The official public docket is the collection of
materials that is available for public viewing at the Superfund Docket
in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the
Superfund Docket is (202) 566-0270. You may copy a maximum of 100 pages
from any regulatory docket at no cost. Additional copies cost $0.15 per
page. The Docket Office will mail copies of materials to you if you are
located outside the Washington, DC metropolitan area.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to
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access those documents in the public docket that are available
electronically. Once in the system, select ``search,'' then key in the
appropriate docket identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B.1. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
For additional information about EPA's electronic public docket,
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, by facsimile, or
through hand delivery/courier. To ensure proper receipt by EPA,
identify the appropriate docket identification number in the subject
line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments. However, late
comments may be considered if time permits.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. 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.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket
, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in Docket ID No.
SFUND-2002-0010 for the Carbamates and Carbamate-Related Hazardous
Waste Streams or Docket ID No. SFUND-2002-0011 for the Inorganic
Chemical Manufacturing Processes Waste (K178). The system is an
``anonymous access'' system, which means EPA will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
ii. E-mail. Comments may be sent by electronic mail (e-mail) to superfund.docket@epa.gov, Attention Docket ID No. SFUND-2002-0010 for
Carbamates and Carbamate-Related Hazardous Waste Streams or Docket ID
No. SFUND-2002-0011 for Inorganic Chemical Manufacturing Processes
Waste (K178). In contrast to EPA's electronic public docket, EPA's e-
mail system is not an ``anonymous access'' system. If you send an e-
mail comment directly to the Docket without going through EPA's
electronic public docket, EPA's e-mail system automatically captures
your e-mail address. E-mail addresses that are automatically captured
by EPA's e-mail system are included as part of the comment that is
placed in the official public docket, and made available in EPA's
electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By Mail. Send an original and two copies of your comments to:
Superfund Docket, Environmental Protection Agency, Mailcode: [5202T],
1200 Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID
No. SFUND-2002-0010 for Carbamates and Carbamate-Related Hazardous
Waste Streams or Docket ID No. SFUND-2002-0011 for Inorganic Chemical
Manufacturing Processes Waste (K178).
3. By Hand Delivery or Courier. Deliver your comments to: Public
Reading Room, Room B102, EPA West Building, 1301 Constitution Avenue,
NW., Washington, DC, Attention Docket ID No. SFUND-2002-0010 for
Carbamates and Carbamate-Related Hazardous Waste Streams or Docket ID
No. SFUND-2002-0011 for Inorganic Chemical Manufacturing Processes
Waste (K178). Such deliveries are only accepted during the Docket's
normal hours of operation as identified in Unit I.B.1.
4. By Facsimile. Fax your comments to: (202) 566-0272, Attention
Docket ID. No. SFUND-2002-0010 for Carbamates and Carbamate-Related
Hazardous Waste Streams or Docket ID No. SFUND-2002-0011 for Inorganic
Chemical Manufacturing Processes Waste (K178).
D. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
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2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.
II. Outline of Today's Preamble
A. Overview
1. Statutory Authority
2. Does this proposed rule apply to me?
3. What types of releases are exempt from these reporting
requirements?
B. Background
C. Summary of Today's Action
1. What is the scope of today's rule?
2. What methodology is EPA using to adjust the RQs of the
individual carbamates?
3. What RQs are proposed for the individual carbamates?
4. How is EPA adjusting the RQs for the carbamate-related waste
streams?
5. What RQs are proposed for these carbamate-related waste
streams?
6. What conforming changes are being made to Table 302.4 and its
Appendix A?
7. What changes are being made to 40 CFR part 355?
8. What RQ is proposed for the K178 waste stream?
D. Statutory and Regulatory Reviews
1. Executive Order 12866: Regulatory Planning and Review
2. Paperwork Reduction Act
3. Regulatory Flexibility Act
4. Unfunded Mandates Reform Act
5. Executive Order 13132: Federalism
6. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
7. Executive Order 13045: Protection of Children from
Environmental Risks and Safety Risks
8. Executive Order 13211: Actions that Significantly Affect
Energy Supply, Distribution or Use
9. National Technology Transfer and Advancement Act of 1995
III. Preamble for Reportable Quantity Adjustments for Carbamates and
Carbamate-Related Hazardous Waste Streams; Reportable Quantity
Adjustment for Inorganic Chemical Manufacturing Processes Waste (K178)
A. Overview
1. Statutory Authority
The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), 42 U.S.C. 9601 et seq., as amended by
the Superfund Amendments and Reauthorization Act of 1986, gives the
Federal government broad authority to respond to releases or threats of
releases of hazardous substances from vessels and facilities. The term
``hazardous substance'' is defined in section 101(14) of CERCLA by
referencing various Federal environmental statutes. For example, the
term includes ``any hazardous waste having the characteristics
identified under or listed pursuant to section 3001 of the Solid Waste
Disposal Act * * *,'' also known as the Resource Conservation and
Recovery Act (RCRA).
Section 102(b) of CERCLA establishes reportable quantities (RQs) of
one pound (``statutory RQs'') for releases of most CERCLA hazardous
substances. Under section 102(a) of CERCLA, the Administrator of EPA
has the authority to adjust these RQs by regulation (``adjusted RQs'').
Under CERCLA section 103(a), the person in charge of a vessel or
facility from which a CERCLA hazardous substance has been released in a
quantity that equals or exceeds its RQ must immediately notify the
National Response Center (NRC) of the release. A release is reportable
if an RQ or more is released within a 24-hour period (see 40 CFR
302.6). This reporting requirement serves as a trigger for informing
the government of a release so that Federal personnel can evaluate the
need for a Federal removal or remedial action and undertake any
necessary action in a timely fashion.
In addition to the reporting requirements under CERCLA section 103,
section 304 of the Emergency Planning and Community Right-to-Know Act
of 1986 (EPCRA), 42 U.S.C. 11001 et seq., requires owners or operators
of certain facilities to report releases of extremely hazardous
substances (EHSs) and CERCLA hazardous substances to State and local
authorities (see 40 CFR 355.40). After the release of a hazardous
substance in a quantity equal to or greater than its RQ, facility
owners or operators must immediately notify the community emergency
coordinator for each local emergency planning committee for any area
likely to be affected by the release, and the State emergency response
commission of any State likely to be affected by the release.
2. Does This Proposed Rule Apply to Me?
The person in charge of a vessel or facility from which a CERCLA
hazardous substance is released in a quantity that equals or exceeds
its RQ must notify appropriate authorities who can evaluate whether a
government response is needed. Therefore, this proposed rule may affect
the following entities: (1) Persons in charge of vessels or facilities
that may release CERCLA hazardous substances (as identified in this
proposal) and owners or operators of facilities that may release EHSs
or CERCLA hazardous substances (as identified in this proposal) into
the environment; and (2) entities that plan for or respond to such
releases.
3. What Types of Releases Are Exempt From the Reporting Requirements?
In determining whether you must report the release of a carbamate
that equals or exceeds its RQ, it should be noted that section 103(e)
of CERCLA exempts from the notification provisions of CERCLA section
103(a): ``* * * the application of a pesticide product registered under
the Federal Insecticide, Fungicide, and Rodenticide Act or * * * the
handling and storage of such a pesticide product by an agricultural
producer.'' The legislative history of CERCLA suggests that Congress
intended this exemption to apply to the application of a pesticide
generally in accordance with the pesticide's purpose.
In addition, if a release of a CERCLA hazardous substance meets the
criteria under CERCLA section 103(e) for an exemption from reporting to
the NRC, the same release is also exempt from reporting to State and
local authorities under EPCRA section 304. In the context of today's
proposed rule, EPA believes that the CERCLA section 103(e) reporting
exemption provides a potential source of reporting relief under both
CERCLA and EPCRA for certain releases of carbamate pesticides.
As EPA previously noted in an April 4, 1985 final rule (50 FR
13464), we do not consider the spill of a pesticide to be an
application of the pesticide, nor do we consider a pesticide spill to
be in accordance with the pesticide's purpose. Consequently, spills of
a carbamate pesticide that equal or exceed an RQ must be reported to
the NRC under CERCLA section 103 and to the
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appropriate State and local authorities under EPCRA section 304.
B. Background
In today's notice of proposed rulemaking (NPRM), EPA is proposing
to adjust the statutory one-pound RQs for 28 individual carbamates and
five carbamate-related waste streams. Today's rulemaking includes
proposed RQ adjustments not only for individual carbamates, but also
for thiocarbamates, dithiocarbamates, carbamoyl oximes, and several
other individual substances that are closely related to carbamate
production and/or waste generation. For purposes of simplicity,
however, the preamble to today's proposed rule refers to all 28
individual substances for which RQ adjustments are being proposed as
``carbamates,'' and to the five waste streams as ``carbamate-related''
waste streams. In addition, EPA is proposing to adjust the one-pound
statutory RQ of another hazardous waste stream, K178, which is
unrelated to the carbamates addressed in this rule (see Section III.C.8
of today's preamble for information regarding K178). A summary of the
developments leading up to today's proposed rulemaking as it relates to
the carbamate-related substances is provided below.
On November 8, 1984, Congress amended RCRA by enacting the
Hazardous and Solid Waste Amendments of 1984 (HSWA), 42 U.S.C. 6901 et
seq. In one provision of HSWA--a newly added RCRA section 3001(e)(2)--
Congress directed EPA to determine whether several wastes, including
wastes generated from the production of carbamates, should be listed as
RCRA hazardous wastes. Carbamates are widely used as active ingredients
in pesticides, herbicides, insecticides, and fungicides, and in the
production of synthetic rubber. Before Congress enacted HSWA in 1984,
EPA already had regulated several carbamate substances under RCRA,
CERCLA, and other statutes.
Based on our evaluation of the carbamate production wastes, we
published on March 1, 1994 (59 FR 9808), a proposal to list 80
carbamate-related substances as RCRA hazardous wastes and as CERCLA
hazardous substances. These 80 substances included: (1) 70 individual
carbamates; (2) six carbamate-related waste streams; and (3) four
categories of carbamate substances. Subsequently, on February 9, 1995
(60 FR 7824), we finalized the listing of 64 of these 80 substances as
RCRA hazardous wastes and CERCLA hazardous substances, deferring action
on 12 individual substances and the four categories of carbamate
substances included in the proposed rule. Thus, EPA listed a total of
58 individual carbamates and six carbamate-related hazardous waste
streams as RCRA hazardous wastes and CERCLA hazardous substances in the
February 9, 1995 final rule. We published corrections to minor errors
in these listings in the Federal Register on April 17, 1995 (60 FR
19165) and May 12, 1995 (60 FR 25619). We also modified our
interpretation of the rule as it affected listings for K156 and K157
hazardous wastes on August 14, 1995 (60 FR 41817).
On November 1, 1996, the Court of Appeals (D.C. Circuit) ruled that
EPA failed to follow proper rulemaking procedures in making some of the
carbamate listing determinations in the February 9, 1995 rule.
Dithiocarbamate Task Force v. EPA, 98 F.3d 1394 (D.C.Cir. 1996). As a
result, the court vacated the RCRA hazardous waste and CERCLA hazardous
substance listings for 24 of the 58 individual carbamates and one of
the six carbamate-related waste streams (K160) included in that rule.
In addition, the court vacated three other carbamate-related waste
streams (K156, K157, and K158) only to the extent that they applied to
the chemical 3-iodo-2-propynyl n-butylcarbamate. Under the court
decision, the vacated carbamate listings are to be treated as though
they had never been in effect.
To clarify the legal status of the vacated listings for the
regulated community and the public, EPA, in a June 17, 1997 final rule
(62 FR 32974), amended the lists of RCRA hazardous wastes and CERCLA
hazardous substances (in 40 CFR parts 261 and 302 respectively) to
remove the entries for the 24 individual carbamates and one carbamate-
related waste stream (K160) that were vacated by the court, as well as
revised the entries for K156, K157, and K158 to indicate that they do
not apply to 3-iodo-2-propynyl n-butylcarbamate.
It is important to note, however, that the court's ruling did not
change the February 9, 1995 listing of the 34 remaining individual
carbamates as RCRA hazardous wastes; those listings remain in effect.
Independent of the February 9, 1995 rule, EPA already has added six of
these 34 individual carbamates to the CERCLA list of hazardous
substances in Table 302.4 of 40 CFR 302.4, and developed adjusted RQs
for these substances because of their listing under the Clean Air Act
or Clean Water Act.\1\ The six substances and their Chemical Abstracts
Service Registry Numbers (CASRNs) are: carbaryl (CASRN 63-25-2);
carbofuran (CASRN 1563-66-2); mercaptodimethur (CASRN 2032-65-7);
mexacarbate (CASRN 315-18-4); propoxur (CASRN 114-26-1); and
triethylamine (CASRN 121-44-8).\2\ Thus, we are not proposing any RQ
adjustments for these six substances today.
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\1\ We adjusted the RQs for five of these six substances in an
April 4, 1985 final rule (50 FR 13456), and adjusted the RQ for the
other substance, propoxur, in a June 12, 1995 final rule (60 FR
30926).
\2\ Although not a carbamate, triethylamine is used during the
production of carbamates.
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Upon the effective date of the February 9, 1995 final rule, the 28
remaining individual carbamates and the five carbamate-related
hazardous waste streams became hazardous substances under CERCLA
section 101(14)(C) and received one-pound statutory RQs. We are
proposing today to adjust the statutory one-pound RQs for these 28
substances and five waste streams based on criteria that relate to the
possibility of harm from the release of each hazardous substance into
the environment. EPA will revise the List of Hazardous Substances and
Reportable Quantities (Table 302.4 of 40 CFR 302.4) to reflect these
proposed changes and other, conforming proposed changes, if they are
finalized. However, until such time as we finalize the adjusted RQs
proposed in today's rule, the statutory RQ of one pound remains in
effect for these substances.
Finally, eleven of the individual substances with proposed RQ
adjustments in today's rule are also EPCRA section 302 EHSs. For the
names of these 11 substances, see the proposed revisions to appendices
A and B of 40 CFR part 355, included at the end of today's rule. In an
August 30, 1989 rule (54 FR 35988), we proposed to adjust the RQs for
all the EPCRA EHSs.\3\ We finalized adjustments to the RQs for all the
EHSs, except the 11 included in today's rule (61 FR 20473, May 7,
1996). We are reproposing adjusted RQs for these 11 substances today,
for reporting under both CERCLA and EPCRA.
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\3\ We used the data from this August 30, 1989 proposed
rulemaking, as well as more recent data, to support the RQ
adjustments proposed for these 11 substances in today's rule.
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C. Summary of Today's Action
1. What Is the Scope of Today's Rule?
In today's rule, we are proposing to adjust the one-pound statutory
RQs for 28 individual carbamates (one of which is adjusted to a final
RQ of one-pound) and five carbamate-related waste streams. In addition,
EPA is proposing to adjust the one-pound statutory RQ of another
hazardous waste stream, K178, which is unrelated to the carbamates
[[Page 67920]]
addressed in this rule (see section III.C.8 of today's preamble for
information regarding K178). We based these adjustments on specific
scientific and technical criteria that relate to the possibility of
harm from the release of a CERCLA hazardous substance in certain
amounts. RQs are based, in part, on a determination of possible or
potential harm, but they are not a determination that releases of a
particular amount of a hazardous substance necessarily will harm the
public health, welfare, or the environment. The quantity released is
just one factor that the Federal government considers when it assesses
the need to respond to such a release. Other factors include, but are
not limited to, the location of the release, its proximity to drinking
water supplies or other valuable resources, and the likelihood of
exposure or injury to nearby populations. The RQ adjustments that EPA
is proposing today would enable us to focus our resources on those
releases that are most likely to pose potential threats to public
health, welfare, or the environment. These RQ adjustments also would
relieve the regulated community and emergency response personnel from
the burden of making and receiving reports of releases that are
unlikely to pose such threats.
2. What Methodology Is EPA Using To Adjust the RQs of the Individual
Carbamates?
EPA has wide discretion in adjusting the statutory RQs for
hazardous substances under CERCLA. Administrative feasibility and
practicality are important considerations. Our methodology for
adjusting the RQ of an individual hazardous substance begins with an
evaluation of its intrinsic physical, chemical, and toxicological
properties. These intrinsic properties--called ``primary criteria''--
are aquatic toxicity, mammalian toxicity (oral, dermal, and
inhalation), ignitability, reactivity, chronic toxicity, and potential
carcinogenicity.\4\
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\4\ For further information on assigning adjusted RQs to
hazardous substances under the primary criteria, see the Technical
Background Document to Support Rulemaking Pursuant to CERCLA Section
102, Volume 2, August 1986 (for chronic toxicity), Volume 3, July
1989 (for potential carcinogenicity), and Volume 1, March 1985 (for
the four other primary criteria), available for inspection at the
Superfund Docket in the EPA Docket Center, (EPA/DC) EPA West, Room
B102, 1301 Constitution Ave., NW., Washington, DC.
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Generally, for each intrinsic property, EPA ranks hazardous
substances on a five-tier scale, associating a specific range of values
on each scale with an RQ value of 1, 10, 100, 1,000, or 5,000 pounds.
Each hazardous substance may receive several tentative RQ values based
on the primary criteria. The lowest of the tentative RQs becomes the
``primary criteria RQ'' for that substance.
When we find sufficient data in the scientific literature on the
chronic toxicity and/or potential carcinogenicity (two of the six
primary criteria) of a substance, we generally evaluate and summarize
these data in a chemical-specific profile. Following an extensive
review of available scientific literature on the 28 individual
carbamates addressed in today's proposed rule, we found that chronic
toxicity profiles are warranted for nine of these 28 carbamates, and
that potential carcinogenicity profiles are warranted for six of the 28
carbamates. EPA has placed these 15 draft chemical-specific profiles in
the docket for this proposed rulemaking.\5\ Proposed RQs for several of
the substances included in today's rule are based, at least in part, on
the conclusions drawn in these profiles.
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\5\ You may inspect the preliminary draft Reportable Quantity
documents and potential carcinogenicity evaluations at the Superfund
Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC.
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We are soliciting comments on these drafts. We will consider data
that you submit, including any additional toxicity or carcinogenicity
data that may be available on these substances or the other carbamates
included in today's proposed rule. If the data are applicable, we will
incorporate them into the draft profiles prior to their completion.
After assigning the primary criteria RQs, we further evaluate the
substances for their susceptibility to certain degradative processes.
These natural degradative processes, which we use as ``secondary RQ
adjustment criteria,'' are biodegradation, hydrolysis, and photolysis
(BHP). If a hazardous substance, when released into the environment,
degrades relatively rapidly to a less hazardous form by one or more of
the BHP processes, we generally increase its RQ (as determined by the
primary RQ adjustment criteria) by one level.\6\ Conversely, if a
hazardous substance degrades to a more hazardous product after its
release, we assign an RQ equal to the RQ for the more hazardous
substance, which may be one or more levels lower than the RQ for the
original substance.
---------------------------------------------------------------------------
\6\ We do not raise an RQ level based on BHP if the primary
criteria RQ is already at its highest possible level (100 pounds for
potential carcinogens and 5,000 pounds for all other types of
hazardous substances). The secondary adjustment criteria of BHP are
not applied to radionuclides.
---------------------------------------------------------------------------
Three carbamates--bendiocarb, benomyl, and thiophanate-methyl--have
BHP data that are a sufficient basis for adjusting the primary criteria
RQs for these substances. Although several other carbamates (e.g.,
propham) have BHP data that suggest rapid degradation, the evidence for
most of these substances is not conclusive. Therefore, no adjustment to
the RQs for these other carbamates was proposed on the basis of BHP.\7\
EPA is requesting that commenters submit additional degradation data
(e.g., data on BOD5 values and on half lives), if available,
on these 28 individual substances.\8\
---------------------------------------------------------------------------
\7\ To review a summary of the BHP data on the 28 carbamates
included in today's rule, see Exhibit 4-3 of the Technical
Background Document to Support Rulemaking Pursuant to CERCLA section
102, Volume 8, available for inspection at the Superfund Docket in
the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC.
\8\ One or more of the following criteria must be met for a
hazardous substance to qualify for further RQ adjustment based on
BHP: (1) Biodegradation: the substance must have a five-day
biochemical oxygen demand (BOD5) that equals or exceeds
50 percent of the theoretical oxygen demand as calculated based on
stoichiometric oxidation; and (2) Hydrolysis/Photolysis: the half-
life of the substance in the environment must be five days or less.
For further information on the methodology for applying BHP, see the
Technical Background Document to Support Rulemaking Pursuant to
CERCLA section 102, Volume 1, March 1985, available for inspection
at the Superfund Docket in the EPA Docket Center, (EPA/DC) EPA West,
Room B102, 1301 Constitution Ave., NW., Washington, DC.
---------------------------------------------------------------------------
EPA could not locate acceptable data on any of the primary or
secondary criteria for three of the 28 individual carbamates in today's
proposed rule (see Table 1). In the past, when adjusting the statutory
RQs of such data-poor hazardous substances, we have used data from
chemically similar, surrogate substances.\9\ Therefore, to adjust the
statutory RQs of the three data-poor carbamates in today's rule, we
conducted an analysis of other carbamates to identify potential
surrogate substances (i.e., carbamates with primary criteria data that
are chemically similar, based primarily on structural analogy, to the
data-poor substances).
---------------------------------------------------------------------------
\9\ For further information on, and examples of, EPA's use of
surrogate data to adjust RQs of hazardous substances, see section 2
of the Technical Background Document to Support Rulemaking Pursuant
to CERCLA section 102, Volume 8, available for inspection at the
Superfund Docket in the EPA Docket Center, (EPA/DC) EPA West, Room
B102, 1301 Constitution Ave., NW., Washington, DC.
---------------------------------------------------------------------------
Table 1 lists the chemically similar carbamates EPA used as
proposed surrogates, and the proposed RQs we assigned to each data-poor
substance based on its chemically similar
[[Page 67921]]
surrogate.\10\ We are requesting primary and secondary criteria data on
these three data-poor substances. We also are soliciting comments from
readers on our choice of surrogate substances used to adjust the RQs
for these three carbamates.
---------------------------------------------------------------------------
\10\ These three data-poor carbamates also are included in the
list of 28 individual carbamates that appears in Table 2. For
further information on the three data-poor carbamates and the
chemically-similar, surrogate substances that EPA has identified,
see section 3 of the Technical Background Document to Support
Rulemaking Pursuant to CERCLA section 102, Volume 8, available for
inspection at the Superfund Docket in the EPA Docket Center, (EPA/
DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington,
DC.
Table 1.--Proposed RQs for the Data-Poor Carbamates
------------------------------------------------------------------------
Proposed RQ
Data-poor carbamate Proposed surrogate (pounds)
------------------------------------------------------------------------
Bendiocarb phenol................ Bendiocarb.............. 1000
Carbofuran phenol................ Carbofuran.............. 10
Manganese dimethyldithiocarbamate Ziram................... 10
------------------------------------------------------------------------
Please note that in Table 2, below, we are assigning different RQs for
the data-poor carbamate/surrogate pair of Bendiocarb phenol (data-poor
carbamate) and Bendiocarb (its proposed surrogate) in shown in Table 1,
above. In Table 2, EPA is applying the secondary criteria of BHP to
adjust the RQ for bendiocarb to 100 pounds. However, due to structural
differences between the two substances, we believe that it would be
inappropriate to apply the BHP data for bendiocarb to bendiocarb
phenol; hence, EPA is proposing a 1000-pound RQ for bendiocarb phenol
(see Tables 1 and 2).
3. What RQs Are Proposed for the Individual Carbamates?
Table 2 lists the chemical names, CASRNs, and proposed RQs for the
28 individual carbamates included in today's proposed rule. The
proposed RQs for 27 of the 28 individual carbamates would be raised
from their one-pound statutory levels, while one of the 28 individual
carbamates--Dimetilan--would be adjusted to its proposed, final RQ of
one pound.
Table 2.--Proposed RQs for 28 Individual Carbamates
------------------------------------------------------------------------
Proposed RQ
Chemical name CASRN (pounds)
------------------------------------------------------------------------
A2213...................................... 30558-43-1 5000
Aldicarb sulfone........................... 1646-88-4 100
Barban..................................... 101-27-9 10
Bendiocarb................................. 22781-23-3 100
Bendiocarb phenol.......................... 22961-82-6 1000
Benomyl.................................... 17804-35-2 10
Carbendazim................................ 10605-21-7 10
Carbofuran phenol.......................... 1563-38-8 10
Carbosulfan................................ 55285-14-8 1000
m-Cumenyl methylcarbamate.................. 64-00-6 10
Diethylene glycol, dicarbamate............. 5952-26-1 5000
Dimetilan.................................. 644-64-4 1
Formetanate hydrochloride.................. 23422-53-9 100
Formparanate............................... 17702-57-7 100
Isolan..................................... 119-38-0 100
Manganese dimethyldithiocarbamate.......... 15339-36-3 10
Metolcarb.................................. 1129-41-5 1000
Oxamyl..................................... 23135-22-0 100
Physostigmine salicylate................... 57-64-7 100
Physostigmine.............................. 57-47-6 100
Promecarb.................................. 2631-37-0 1000
Propham.................................... 122-42-9 1000
Prosulfocarb............................... 52888-80-9 5000
Thiodicarb................................. 59669-26-0 100
Thiophanate-methyl......................... 23564-05-8 10
Tirpate.................................... 26419-73-8 100
Triallate.................................. 2303-17-5 100
Ziram...................................... 137-30-4 10
------------------------------------------------------------------------
4. How is EPA Adjusting the RQs for the Carbamate-Related Waste
Streams?
In addition to the 28 individual carbamate hazardous substances, we
also are proposing to adjust the RQs of the five carbamate-related RCRA
hazardous waste streams (K156, K157, K158, K159, and K161). The
standard methodology used to adjust the RQs for RCRA hazardous waste
streams differs from the methodology applied to individual hazardous
substances. Our procedure for assigning RQs to RCRA waste streams is
based on an analysis of the hazardous constituents of the waste
[[Page 67922]]
streams. Specifically, EPA identifies the constituents of each RCRA
hazardous waste stream in 40 CFR part 261, appendix VII. We determine
the RQ for each constituent within the waste stream and establish the
lowest RQ value of these constituents as the adjusted RQ for the waste
stream. We also apply this same methodology to adjust the RQ for K178
(see section III.C.8 for more information).
5. What RQs Are Proposed for These Carbamate-Related Waste Streams?
In the February 9, 1995 final rule, the five carbamate-related
waste streams were assigned the statutory one-pound RQ required by
CERCLA section 102(b). In today's rule, using the standard methodology
for adjusting RQs for RCRA waste streams, EPA is proposing a one-pound
adjusted RQ for waste stream K161 and 10-pound adjusted RQs for the
remaining four carbamate-related waste streams (K156, K157, K158, and
K159) based on the constituent(s) with the lowest RQ within each of the
waste streams. Table 3 lists the constituents and constituent RQs of
each of the five carbamate-related hazardous waste streams.
Table 3.--Constituents of Five Carbamate-Related Waste Streams
------------------------------------------------------------------------
Carbamate Waste Stream Constituents RQ (pounds)
------------------------------------------------------------------------
K156....................................................... 10
benomyl................................................ 10
carbaryl............................................... 100
carbendazim............................................ 10
carbofuran............................................. 10
carbosulfan............................................ 1000
formaldehyde........................................... 100
methylene chloride..................................... 1000
triethylamine.......................................... 5000
K157....................................................... 10
carbon tetrachloride................................... 10
formaldehyde........................................... 100
methyl chloride........................................ 100
methylene chloride..................................... 1000
pyridine............................................... 1000
triethylamine.......................................... 5000
K158....................................................... 10
benomyl................................................ 10
carbendazim............................................ 10
carbofuran............................................. 10
carbosulfan............................................ 1000
chloroform............................................. 10
methylene chloride..................................... 1000
K159....................................................... 10
benzene................................................ 10
butylate............................................... 100
EPTC................................................... 1000
molinate............................................... 10
pebulate............................................... 100
vernolate.............................................. 100
K161....................................................... 1
antimony............................................... 5000
arsenic................................................ 1
metam sodium........................................... 10
ziram.................................................. 10
------------------------------------------------------------------------
6. What Conforming Changes Are Being Made to Table 302.4 and Its
Appendix A?
EPA is proposing to modify the entries in Table 302.4 for the
carbamates added by the February 9, 1995 final rule to the list of
CERCLA hazardous substances. Specifically, we are proposing in today's
rule to change the entries for the chemical names of the carbamates in
the ``Hazardous Substance'' column in Table 302.4 to reflect more
accurately the chemical names for these substances as they appear in
the RCRA tables of hazardous wastes at 40 CFR 261.33(e) and (f).
For example, the February 9, 1995 final rule generally lists two
names for each individual carbamate in Table 302.4--a chemical name
and, in parentheses, a synonym. Thus, the February 9, 1995 final rule
added one entry for each carbamate to the CERCLA list of hazardous
substances. The same final rule alphabetically lists these two names as
separate entries in the RCRA tables of hazardous wastes in 40 CFR
261.33.
Because each of the 28 individual carbamates included in today's
rule has at least two separate entries in the RCRA tables of hazardous
wastes, we are proposing to make the CERCLA table of hazardous
substances consistent by listing the two (or more) synonymous names as
separate entries in Table 302.4. Thus, amendatory instruction 3, which
immediately precedes Table 302.4 in today's proposed rule, accounts for
the addition of the chemical names and synonyms as separate entries in
Table 302.4, and amendatory instruction 2 accounts for the removal of
the previously listed names for these substances. We believe that
proposing these changes to Table 302.4 is a positive step toward
ensuring that chemical lists under RCRA and CERCLA are more consistent
and that carbamate synonyms are easier to find in the table.
In addition, we are proposing conforming changes to entries in
appendix A to Table 302.4 for the 28 carbamates added to the list of
CERCLA hazardous substances by the February 9, 1995 final rule.
7. What Changes Are Being Made to 40 CFR Part 355?
Appendices A and B of 40 CFR part 355, which list EHSs and their
threshold planning quantities (TPQs) under EPCRA, also list the RQs for
EHSs. Eleven of the individual carbamates for which EPA is proposing
adjusted RQs are EHSs, as well as CERCLA hazardous substances. EPA
today is proposing to revise appendices A and B of 40 CFR part 355 to
include these adjusted RQs. For the names of these 11 substances, see
the proposed revisions to appendices A and B included at the end of
today's proposed rule.
8. What RQ Is Proposed for the K178 Waste Stream? \11\
---------------------------------------------------------------------------
\11\ HSWA also directed EPA to determine whether wastes from the
Inorganic Chemical Industry should be listed as RCRA hazardous
wastes.
---------------------------------------------------------------------------
As noted in section III.C.4 of the preamble, the Agency's standard
methodology for adjusting the RQs for RCRA waste streams is based on an
analysis of the hazardous constituents of each waste, as identified in
40 CFR part 261, appendix VII. We determine an RQ for each constituent
and establish the lowest RQ value of these constituents as the adjusted
RQ for the waste stream. When there are hazardous constituents
identified for a waste stream that are not individual CERCLA hazardous
substances, EPA develops an RQ for these constituents in order to
assign an appropriate RQ to the waste stream (see 48 FR 23565, May 25,
1983). In other words, we derive the RQ for an RCRA waste stream based
on the lowest RQ of all of the hazardous constituents identified for
that waste in appendix VII of 40 CFR part 261, regardless of whether
the constituents are CERCLA hazardous substances.
On September 14, 2000, EPA published a proposed rule to list three
waste streams from inorganic chemical manufacturing processes as RCRA
hazardous wastes in 40 CFR 261.32 and as CERCLA hazardous substances in
40 CFR 302.4 (65 FR 55684). In that rule, we proposed to adjust the
one-pound statutory RQ for two of the three waste streams, K176 and
K177. For the third waste stream, K178 (nonwastewaters from the
production of titanium dioxide by the chloride-ilmenite process), EPA
identified two hazardous constituents. The two hazardous constituents
identified in the proposed rule were: thallium, which is a CERCLA
hazardous substance with a 1,000-pound RQ; and manganese, which does
not appear on the CERCLA hazardous substance list in 40 CFR 302.4 and,
therefore, has not been assigned an RQ. Because EPA had
[[Page 67923]]
not yet developed an RQ for manganese at that time, we did not propose
to adjust the RQ for K178 in the September 14, 2000 proposed rule.
Numerous commenters to the proposed rule objected to using
manganese as a basis for listing K178 wastes, citing potential adverse
impacts to many industries. Although EPA continues to believe that
manganese poses significant issues that ultimately should be resolved,
the court-ordered schedule for the hazardous waste listings provided no
flexibility to address those issues fully before finalizing the
listings. For that reason, in the final rule, EPA deferred final action
on adding manganese to appendix VII of 40 CFR part 261 as a basis for
listing K178 wastes (66 FR 58258; November 20, 2001). The final
hazardous waste listing for K178 is based solely on thallium. As a
result, we are proposing an RQ of 1,000 pounds for the K178 waste
stream, based on the constituent RQ for thallium, the sole hazardous
constituent identified for the waste stream.
As stated in the section of the preamble entitled ``How and to Whom
Do I Submit Comments?,'' it is important to identify docket control
number SFUND-2002-0011 in the subject line on the first page of your
correspondence if you are submitting comments on the proposed 1,000-
pound RQ for K178.
D. Statutory and Regulatory Reviews
1. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735), the Agency must
determine whether this regulatory action is ``significant'' and
therefore subject to formal review by the Office of Management and
Budget (OMB) and to the requirements of the Executive Order, which
include assessing the costs and benefits anticipated as a result of the
proposed regulatory action. The Order defines ``significant regulatory
action'' as one that is likely to result in a rule that may: (1) Have
an annual effect on the economy of $100 million or more or adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or state, local, or tribal governments or communities; (2)
create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency; (3) materially alter the budgetary
impact of entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients thereof; or (4) raise novel legal
or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the Executive Order.
It has been determined that this proposed rule is not a
``significant regulatory action'' under the terms of Executive Order
12866 and is therefore not subject to OMB review. EPA performed an
economic analysis, which shows that this proposed rule will result in
an annual cost savings of approximately $90,640 to the regulated
community and to Federal, State, and local governments, and does not
result in any of the other effects that define a significant regulatory
action. In this proposed rule, EPA would raise the RQs for 27 of the 28
individual substances and five of the six waste streams (including
K178) from their current statutory one-pound levels. The remaining
individual carbamate substance and carbamate-related waste stream will
remain subject to an RQ of one pound.
We have estimated that these adjustments from the statutory one-
pound RQs will reduce by approximately 176 the number of reportable
releases for these hazardous substances each year (see the economic
analysis mentioned above). The estimated $90,640 cost savings reflects
only those effects of the RQ adjustments that are readily quantifiable
in dollars and are associated with the release notification
requirements under CERCLA section 103 and EPCRA section 304, including
the associated activities of recordkeeping and notification processing.
A detailed presentation of EPA's methodology, data sources, and
computations applied for estimating the number of affected entities
(industrial facilities) and economic impacts attributable to today's
proposal is provided in the ``Economic Impact Analysis'' to this
proposal.
2. Paperwork Reduction Act
The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Information Collection Request (ICR) documents have been prepared by
EPA (ICR Nos. 1049.09 and 1395.04). A copy of these ICRs may be
obtained from Susan Ambry by mail at Collection Strategies Division;
U.S. Environmental Protection Agency (2822), 1200 Pennsylvania Avenue,
NW., Washington, DC 20460, or by calling (202) 566-1676, and by e-mail at ambry.susan@epamail.epa.gov. A copy also may be downloaded off the
Internet at http://www.epa.gov/icr.
EPA proposes the following conditions for reporting and
recordkeeping: mandatory reporting requirements (CERCLA section 103(a)
and EPCRA section 304) serve as triggers for informing the government
of a release so that Federal, State, or local personnel can evaluate
the need for removal or remedial actions, and undertake any necessary
action in a timely fashion.
We estimate that the public reporting burden for collecting
information required under CERCLA section 103 averages 4.1 labor hours
(i.e., combined managerial, technical, and clerical hours) per
response; the reporting burden under EPCRA section 304 averages
approximately 5 labor hours per response. This estimate includes the
time required to: make a determination whether a release requires a
report to the NRC, the State, and local agencies; make the call(s);
maintain a log of any calls made to government organizations; and make
a follow-up written notification (if required under EPCRA section 304).
The average burden estimates of 4.1 and 5 hours are provided only for
the purpose of calculating the labor costs associated with the entire
release reporting and recordkeeping process under CERCLA and EPCRA.
Thus, these burden estimates should not be misinterpreted as reflecting
the amount of time an individual has before he or she must call the
NRC. Rather, CERCLA and EPCRA require that persons in charge of vessels
or facilities immediately notify the NRC, the State, and local agencies
of releases that equal or exceed an RQ.
Because we are proposing to raise the RQs for all but two of the
substances included in today's rule, we expect the net reporting and
recordkeeping burden associated with reporting releases of these
substances under CERCLA section 103 to decrease. As noted in the
economic impact analysis supporting today's proposed rule (and in
Section III.D.2 of this preamble), we estimate that the annual
reporting and recordkeeping burdens associated with reports to the NRC
will be reduced by approximately 720 hours, and to SERCs and LEPCs by
880 hours.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
3. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of
[[Page 67924]]
1996 (SBREFA), 5 U.S.C. 601 et. seq., 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 has
fewer than 1000 or 100 employees per firm depending upon the SIC code
the firm primarily is classified; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I hereby certify that this proposal will not have a
significant economic impact on a substantial number of small entities.
In determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities'' (5 U.S.C. 603
and 604). Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on small entities subject to the rule. For more
information regarding the economic impact of this proposed rule, please
refer to the economic background document to this proposal.
We have therefore concluded that today's proposed rule will relieve
regulatory burden for small entities. We continue to be interested in
the potential impacts of the proposed rule on small entities and
welcome comments on issues related to such impacts.
4. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal Agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
must prepare a written analysis, including a cost-benefit analysis, for
proposed and final rules with ``Federal mandates'' that may result in
expenditures to State, local, and tribal governments, in the aggregate,
or to the private sector, of $100 million or more in any one year.
Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA requires EPA to identify and consider a
reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials to have
meaningful and timely input in the development of regulatory proposals,
and informing, educating, and advising small governments on compliance
with the regulatory requirements.
EPA has determined that this rule does not include a Federal
mandate that may result in expenditures of $100 million or more for
State, local, or tribal governments, in the aggregate, or the private
sector in any one year. This is because this proposed rule imposes no
enforceable duty on any State, local, or tribal governments. EPA also
has determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments. In addition,
as discussed above, the private sector is not expected to incur costs
exceeding $100 million. Therefore, today's proposed rule is not subject
to the requirements of sections 202 and 205 of UMRA.
5. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This proposal does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This rule directly affects
manufacturers, handlers, transporters, and other users of carbamates;
in addition, entities that may release K178 waste streams will also be
affected. There are no State and local government bodies that incur
direct compliance costs by this rulemaking. State and local government
implementation expenditures are expected to be less than $500,000 in
any one year. Thus, the requirements of section 6 of the Executive
Order do not apply to this proposal.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed rule
from State and local officials.
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This proposed rule does not
have tribal implications, as specified in Executive Order 13175.
Today's rule does not significantly or uniquely affect the communities
of Indian tribal governments, nor would it impose substantial direct
compliance costs on them. Thus, Executive Order 13175 does not apply to
this rule.
7. Executive Order 13045: Protection of Children From Environmental
Risks and Safety Risks
The Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997) applies to any rule that EPA determines (1) is ``economically
significant'' as
[[Page 67925]]
defined under Executive Order 12866, and (2) the environmental health
or safety risk addressed by the rule has a disproportionate effect on
children. If the regulatory action meets both criteria, the Agency must
evaluate the environmental health or safety effects of the planned rule
on children; and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the Agency.
This proposal is not subject to the Executive Order because it is
not economically significant as defined in Executive Order 12866, and
because the Agency does not have reason to believe the environmental
health or safety risks addressed by this proposed rule present a
disproportionate risk to children.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
This proposed rule is not a ``significant energy action'' as
defined in Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. This proposed
rule reduces regulatory burden. It thus should not adversely affect
energy supply, distribution, or use.
9. National Technology Transfer and Advancement Act of 1995
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12 (d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs us
to provide Congress, through OMB, explanations when we decide not to
use available and applicable voluntary consensus standards.
The proposed rule does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
List of Subjects
40 CFR Part 302
Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous wastes, Intergovernmental relations,
Natural resources, Reporting and recordkeeping requirements, Superfund,
Water pollution control, Water supply.
40 CFR Part 355
Air pollution control, Chemicals, Hazardous substances,
Intergovernmental relations, Natural resources, Reporting and
recordkeeping requirements, Superfund, Water pollution control, Water
supply.
Dated: November 25, 2003.
Michael O. Leavitt,
Administrator.
For the reasons set out in the preamble, it is proposed to amend
title 40, chapter I of the Code of Federal Regulations as follows:
PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION
1. The authority citation for part 302 continues to read as
follows:
Authority: 42 U.S.C. 9602, 9603, 9604; 33 U.S.C. 1321 and 1361.
2. Table 302.4 in Sec. 302.4 is amended by removing the entries
for ``1,3-Benzodioxol-4-ol, 2,2-dimethyl-, (Bendiocarb phenol)'',
``1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate (Bendiocarb)'',
``7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-(Carbofuran phenol)'',
``Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-
hexahydro-1,3a,8-trimethylpyrrolo[2,3b]indol-5-yl methylcarbamate ester
(1:1) (Physostigmine salicylate)'', ``Carbamic acid, 1H-benzimidazol-2-
yl, methyl ester (Carbendazim)'', ``Carbamic acid, [1-
[(butylamino)carbonyl]-1H-benzimidazol-2-yl, methyl ester (Benomyl)'',
``Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester
(Barban)'', ``Carbamic acid, [(dibutylamino)thio]methyl-, 2,3-dihydro-
2,2-dimethyl-7benzofuranyl ester (Carbosulfan)'', ``Carbamic acid,
dimethyl-,1[(dimethylamino)carbonyl]-5-methyl-1H-pyrazol-3-yl ester
(Dimetilan)'', ``Carbamic acid, dimethyl-, 3-methyl-1-(1methylethyl)-
1H-pyrazol-5-yl ester (Isolan)'', ``Carbamic acid, methyl-, 3-
methylphenyl ester (Metolcarb)'', ``Carbamic acid, [1,2
phenylenebis(iminocarbonothioyl)]bis-, dimethyl ester (Thiophanate-
methyl)'', ``Carbamic acid, phenyl-, 1-methylethyl ester (Propham)'',
``Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-
propenyl) ester (Triallate)'', ``Carbamothioic acid, dipropyl-, S-
(phenylmethyl) ester (Prosulfocarb)'', ``1,3-Dithiolane-2-
carboxaldehyde, 2,4-dimethyl-, O-[(methylamino)carbonyl]oxime
(Tirpate)'', ``Ethanimidothioci acid, 2-(dimethylamino-N-hydroxy-2-oxo-
, methyl ester (A2213)'', ``Ethanimidothoic acid, 2-(dimethylamino)-N-
[[(methylamino)carbonyl]oxy]-2-oxo-, methyl ester (Oxamyl)'',
``Ethanimidothioic acid, N,N'-[thiobis[(methylimino) carbonyloxy]]bis-,
dimethyl ester (Thiodicarb)'', ``Ethanol, 2,2'oxybis-, dicarbamate
(Diethylene glycol, dicarbamate)'', ``Manganese,
bis(dimethylcarbamodithioato-S,S')-(Manganese
dimethyldithiocarbamate)'', ``Methanimidamide, N,N-dimethyl-N'-[3-
[[(methylamino)carbonyl]oxy]phenyl]-, monohydrochloride (Formetanate
hydrochloride)'', ``Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-
[[(methylamino)carbonyl]oxy]phenyl]-(Formparanate)'', ``Phenol, 3-(l-
methylethyl)-, methyl carbamate (m-Cumenyl methylcarbamate)'',
``Phenol, 3-methyl-5-(l-methylethyl)-, methyl carbamate (Promecarb)'',
``Propanal, 2-methyl-2-(methylsulfonyl)-, O-[(methylamino)carbonyl]
oxime (Aldicarb sulfone)'', ``Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-
hexahydro-1,3a,8-trimethyl-, methylcarbamate (ester), (3aS-cis)-
(Physostigmine)'', ``Zinc, bis(dimethylcarbamodithioato-S,S')-
(Ziram)'', ``K156'', ``K157'', ``K158'', ``K159'', ``K161'', and
``K178'', and adding the following new entries in alphabetical order to
read as follows (applicable footnotes have been republished without
change):
Sec. 302.4 Designation of hazardous substances.
* * * * *
[[Page 67926]]
Table 302.4.--List of Hazardous Substances and Reportable Quantities
[Note: All Comments/Notes Are Located at the End of This Table]
----------------------------------------------------------------------------------------------------------------
Statutory RCRA waste Final RQ
Hazardous substance CASRN code[dagger] number pounds (Kg)
----------------------------------------------------------------------------------------------------------------
A2213...................................................... 30558431 4 U394 5000 (2270)
* * * * * * *
Aldicarb sulfone........................................... 1646884 4 P203 100 (45.4)
* * * * * * *
Barban..................................................... 101279 4 U280 10 (4.54)
* * * * * * *
Bendiocarb................................................. 22781233 4 U278 100 (45.4)
Bendiocarb phenol.......................................... 22961826 4 U364 1000 (454)
Benomyl.................................................... 17804352 4 U271 10 (4.54)
* * * * * * *
1,3-Benzodioxol-4-ol, 2,2-dimethyl-........................ 22961826 4 U364 1000 (454)
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate...... 22781233 4 U278 100 (45.4)
* * * * * * *
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-.................. 1563388 4 U367 10 (4.54)
* * * * * * *
Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)- 57647 4 P188 100 (45.4)
1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo[2,3-
b]indol-5-yl methylcarbamate ester (1:1)..................
* * * * * * *
Carbamic acid, 1H-benzimidazol-2-yl, methyl ester.......... 10605217 4 U372 10 (4.54)
Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol-2- 17804352 4 U271 10 (4.54)
yl]-,methyl ester.........................................
Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester. 101279 4 U280 10 (4.54)
Carbamic acid, [(dibutylamino)-thio]methyl-,2,3-dihydro-2,2- 55285148 4 P189 1000 (454)
dimethyl-7-benzofuranyl ester.............................
Carbamic acid, dimethyl-,1-[(dimethyl-amino)carbonyl]-5- 644644 4 P191 1 (0.454)
methyl-1H- pyrazol-3-yl ester.............................
Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H- 119380 4 P192 100 (45.4)
pyrazol-5-yl ester........................................
* * * * * * *
Carbamic acid, methyl-, 3-methylphenyl ester............... 1129415 4 P190 1000 (454)
* * * * * * *
Carbamic acid, [1,2-phenylenebis(iminocarbonothioyl)]bis-, 23564058 4 U409 10 (4.54)
dimethyl ester............................................
Carbamic acid, phenyl-, 1-methylethyl ester................ 122429 4 U373 1000 (454)
* * * * * * *
Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro- 2303175 4 U389 100 (45.4)
2-propenyl) ester.........................................
Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester...... 52888809 4 U387 5000 (2270)
Carbendazim................................................ 10605217 4 U372 10 (4.54)
Carbofuran phenol.......................................... 1563388 4 U367 10 (4.54)
* * * * * * *
Carbosulfan................................................ 55285148 4 P189 1000 (454)
* * * * * * *
m-Cumenyl methylcarbamate.................................. 64006 4 P202 10 (4.54)
* * * * * * *
Diethylene glycol, dicarbamate............................. 5952261 4 U395 5000 (2270)
* * * * * * *
Dimetilan.................................................. 644644 4 P191 1 (0.454)
* * * * * * *
1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O- 26419738 4 P185 100 (45.4)
[(methylamino)-carbonyl]oxime.............................
* * * * * * *
Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-, 30558431 4 U394 5000 (2270)
methyl ester..............................................
Ethanimidothioic acid, 2-(dimethylamino)-N- 23135220 4 P194 100 (45.4)
[[(methylamino)carbonyl]oxy]-2-oxo-, methyl ester.........
* * * * * * *
Ethanimidothioic acid, N,N'- 59669260 4 U410 100 (45.4)
[thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester...
* * * * * * *
Ethanol, 2,2'-oxybis-, dicarbamate......................... 5952261 4 U395 5000 (2270)
* * * * * * *
Formetanate hydrochloride.................................. 23422539 4 P198 100 (45.4)
* * * * * * *
Formparanate............................................... 17702577 4 P197 100 (45.4)
* * * * * * *
Isolan..................................................... 119380 4 P192 100 (45.4)
* * * * * * *
3-Isopropylphenyl N-methylcarbamate........................ 64006 4 P202 10 (4.54)
* * * * * * *
Manganese, bis(dimethylcarbamodithioato-S,S')-............. 15339363 4 P196 10 (4.54)
* * * * * * *
Manganese dimethyldithiocarbamate.......................... 15339363 4 P196 10 (4.54)
* * * * * * *
Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)- 23422539 4 P198 100 (45.4)
carbonyl]oxy]phenyl]-, monohydrochloride..................
Methanimidamide, N,N-dimethyl-N'-[2-methyl-4- 17702577 4 P197 100 (45.4)
[[(methylamino)carbonyl]oxy]phenyl]-......................
[[Page 67927]]
* * * * * * *
Metolcarb.................................................. 1129415 4 P190 1000 (454)
* * * * * * *
Oxamyl..................................................... 23135220 4 P194 100 (45.4)
* * * * * * *
Phenol, 3-(1-methylethyl)-, methyl carbamate............... 64006 4 P202 10 (4.54)
Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate...... 2631370 4 P201 1000 (454)
* * * * * * *
Physostigmine.............................................. 57476 4 P204 100 (45.4)
Physostigmine salicylate................................... 57647 4 P188 100 (45.4)
* * * * * * *
Promecarb.................................................. 2631370 4 P201 1000 (454)
* * * * * * *
Propanal, 2-methyl-2-(methyl-sulfonyl)-, O- 1646884 4 P203 100 (45.4)
[(methylamino)carbonyl] oxime.............................
* * * * * * *
Propham.................................................... 122429 4 U373 1000 (454)
* * * * * * *
Prosulfocarb............................................... 52888809 4 U387 5000 (2270)
* * * * * * *
Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8- 57476 4 P204 100 (45.4)
trimethyl-, methylcarbamate (ester), (3aS-cis)-...........
* * * * * * *
Thiodicarb................................................. 59669260 4 U410 100 (45.4)
* * * * * * *
Thiophanate-methyl......................................... 23564058 4 U409 10 (4.54)
* * * * * * *
Tirpate.................................................... 26419738 4 P185 100 (45.4)
* * * * * * *
Triallate.................................................. 2303175 4 U389 100 (45.4)
* * * * * * *
Zinc, bis(dimethylcarbamodithioato-S,S')-.................. 137304 4 P205 10 (4.54)
* * * * * * *
Ziram...................................................... 137304 4 P205 10 (4.54)
* * * * * * *
K156....................................................... .......... 4 K156 10 (4.54)
Organic waste (including heavy ends, still bottoms, light
ends, spent solvents, filtrates, and decantates) from the
production of carbamates and carbamoyl oximes. (This
listing does not apply to wastes generated from the
manufacture of 3-iodo-2-propynyl n-butylcarbamate.)
K157....................................................... .......... 4 K157 10 (4.54)
Wastewaters (including scrubber waters, condenser waters,
washwaters, and separation waters) from the production of
carbamates and carbamoyl oximes. (This listing does not
apply to wastes generated from the manufacture of 3-iodo-2-
propynyl n-butylcarbamate.)
K158....................................................... .......... 4 K158 10 (4.54)
Bag house dusts and filter/separation solids from the
production of carbamates and carbamoyl oximes. (This
listing does not apply to wastes generated from the
manufacture of 3- iodo-2-propynyl n- butylcarbamate.)
K159....................................................... .......... 4 K159 10 (4.54)
Organics from the treatment of thiocarbamate wastes.
K161....................................................... .......... 4 K161 1 (0.454)
Purification solids (including filtration, evaporation, and
centrifugation solids), bag-house dust and floor sweepings
from the production of dithiocarbamate acids and their
salts. (This listing does not include K125 or K126.)
* * * * * * *
K178....................................................... .......... 4 K178 1000 (454)
Nonwastewaters from the production of titanium dioxide by
the chloride-ilmenite process. [This listing does not
apply to chloride process waste solids from titanium
tetrachloride production exempt under section
261.4(b)(7).].
----------------------------------------------------------------------------------------------------------------
[dagger] Indicates the statutory source as defined by 1, 2, 3, and 4 below.
* * * * *
4- Indicates that the statutory source for designation of this hazardous substance under CERCLA is RCRA section
3001.
1* Indicates that the 1-pound RQ is a CERCLA statutory RQ.
* * * * *
[[Page 67928]]
3. Appendix A to Sec. 302.4 is amended by revising the following
entries, to read as follows:
Appendix A to Sec. 302.4--Sequential CAS Registry Number List of
CERCLA Hazardous Substances
------------------------------------------------------------------------
CASRN Hazardous substance
------------------------------------------------------------------------
* * * * * * *
57476 Physostigmine.
Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8-
trimethyl-, methylcarbamate (ester), (3aS-cis)-.
57647 Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-
hexahydro-1,3a,8-trimethylpyrrolo[2,3-b]indol-5-yl
methylcarbamate ester (1:1).
Physostigmine salicylate.
* * * * * * *
64006 m-Cumenyl methylcarbamate.
3-Isopropylphenyl N-methylcarbamate.
Phenol, 3-(1-methylethyl)-, methyl carbamate.
* * * * * * *
101279 Barban.
Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester.
* * * * * * *
119380 Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-
pyrazol-5-yl ester.
Isolan.
* * * * * * *
122429 Carbamic acid, phenyl-, 1-methylethyl ester.
Propham.
* * * * * * *
137304 Zinc, bis(dimethylcarbamodithioato-S,S')-.
Ziram.
* * * * * * *
644644 Carbamic acid, dimethyl-,1-[(dimethyl-amino)carbonyl]-5-
methyl-1H-pyrazol-3-yl ester.
Dimetilan.
* * * * * * *
1129415 Carbamic acid, methyl-, 3-methylphenyl ester.
Metolcarb.
* * * * * * *
1563388 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-.
Carbofuran phenol.
* * * * * * *
1646884 Aldicarb sulfone.
Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-
[(methylamino)carbonyl] oxime.
* * * * * * *
2303175 Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-
propenyl) ester.
Triallate.
* * * * * * *
2631370 Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate.
Promecarb.
* * * * * * *
5952261 Ethanol, 2,2'-oxybis-, dicarbamate.
Diethylene glycol, dicarbamate.
* * * * * * *
10605217 Carbamic acid, 1H-benzimidazol-2-yl, methyl ester.
Carbendazim.
* * * * * * *
15339363 Manganese, bis(dimethylcarbamodithioato-S,S')-.
Manganese dimethyldithiocarbamate.
* * * * * * *
17702577 Formparanate.
Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-
[[(methylamino)carbonyl]oxy]phenyl]-.
17804352 Benomyl.
Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol-2-
yl]-, methyl ester.
* * * * * * *
22781233 Bendiocarb.
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate.
22961826 Bendiocarb phenol.
1,3-Benzodioxol-4-ol, 2,2-dimethyl-.
23135220 Ethanimidothioic acid, 2-(dimethylamino)-N-
[[(methylamino)carbonyl]oxy]-2-oxo-, methyl ester.
Oxamyl.
23422539 Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)-
carbonyl]oxy]phenyl]-, monohydrochloride.
Formetanate hydrochloride.
23564058 Carbamic acid, [1,2-phenylenebis(iminocarbonothioyl)]bis-,
dimethyl ester.
Thiophanate-methyl.
* * * * * * *
26419738 1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-
[(methylamino)-carbonyl]oxime.
Tirpate.
[[Page 67929]]
* * * * * * *
30558431 Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-,
methyl ester.
A2213.
* * * * * * *
52888809 Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester.
Prosulfocarb.
* * * * * * *
55285148 Carbamic acid, [(dibutylamino)-thio]methyl-, 2,3-dihydro-2,2-
dimethyl-7-benzofuranyl ester.
Carbosulfan.
* * * * * * *
59669260 Ethanimidothioic acid, N,N'-
[thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester.
Thiodicarb.
* * * * * * *
------------------------------------------------------------------------
PART 355--EMERGENCY PLANNING AND NOTIFICATION
1. The authority citation for part 355 continues to read as
follows:
Authority: 42 U.S.C. 11002, 11004, and 11048.
2. Appendices A and B in part 355 are amended by revising the
following entries, to read as follows (footnotes ``*'' and ``h'' have
been republished without change):
Appendix A to Part 355--The List of Extremely Hazardous Substances and Their Threshold Planning Quantities
[Alphabetical Order]
----------------------------------------------------------------------------------------------------------------
Threshold
Reportable planning
CAS No. Chemical name Notes quantity* quantity
(pounds) (pounds)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26419-73-8.......................... Carbamic Acid, Methyl-, O- .............. 100 100/10,000
(((2,4-Dimethyl-1, 3-
Dithiolan-2-
yl)Methylene)Amino)-.
* * * * * * *
644-64-4............................ Dimetilan................... .............. 1 500/10,000
* * * * * * *
23422-53-9.......................... Formetanate Hydrochloride... (\h\)......... 100 500/10,000
* * * * * * *
17702-57-7.......................... Formparanate................ .............. 100 100/10,000
* * * * * * *
119-38-0............................ Isopropylmethyl-pyrazolyl .............. 100 500
Dimethylcarbamate.
* * * * * * *
1129-41-5........................... Metolcarb................... .............. 1,000 100/10,000
* * * * * * *
23135-22-0.......................... Oxamyl...................... .............. 100 100/10,000
* * * * * * *
64-00-6............................. Phenol, 3-(1-Methylethyl)-, .............. 10 500/10,000
Methylcarbamate.
* * * * * * *
57-47-6............................. Physostigmine............... .............. 100 100/10,000
57-64-7............................. Physostigmine, Salicylate .............. 100 100/10,000
(1:1).
* * * * * * *
2631-37-0........................... Promecarb................... (\h\)......... 1,000 500/10,000
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\*\ Only the statutory or final RQ is shown. For more information, see 40 CFR Table 302.4.
Notes:
* * * * * * *
\h\ Revised TPQ based on new or re-evaluated toxicity data.
* * * * * * *
[[Page 67930]]
Appendix B To Part 355--The List of Extremely Hazardous Substances and Their Threshold Planning Quantities
[CAS Number Order]
----------------------------------------------------------------------------------------------------------------
Threshold
Reportable planning
CAS No. Chemical name Notes quantity* quantity
(pounds) (pounds) ** *
* * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
57-47-6 Physostigmine............................................ ......... 100 100/10,000
* * * * * * *
57-64-7 Physostigmine, Salicylate (1:1).......................... ......... 100 100/10,000
* * * * * * *
64-00-6 Phenol, 3-(1-Methylethyl)-, Methylcarbamate.............. ......... 10 500/10,000
* * * * * * *
119-38-0 Isopropylmethyl-pyrazolyl Dimethylcarbamate.............. ......... 100 500
* * * * * * *
644-64-4 Dimetilan................................................ ......... 1 500/10,000
* * * * * * *
1129-41-5 Metolcarb................................................ ......... 1,000 100/10,000
* * * * * * *
2631-37-0 Promecarb................................................ (\h\) 1,000 500/10,000
* * * * * * *
17702-57-7 Formparanate............................................. ......... 100 100/10,000
* * * * * * *
23135-22-0 Oxamyl................................................... ......... 100 100/10,000
23422-53-9 Formetanate Hydrochloride................................ (\h\) 100 500/10,000
* * * * * * *
26419-73-8 Carbamic Acid, Methyl-, O-(((2,4-Dimethyl-1, 3- Dithiolan- ......... 100 100/10,000
2- yl)Methylene)Amino)-.................................
* * * * * * *
----------------------------------------------------------------------------------------------------------------
*Only the statutory or final RQ is shown. For more information, see 40 CFR Table 302.4.
* * * * * * *
\h\ Revised TPQ based on new or re-evaluated toxicity data.
* * * * * * *
[FR Doc. 03-30166 Filed 12-3-03; 8:45 am]
BILLING CODE 6560-50-P