 	Environmental Technology Council

 1112 16th Street NW   (   Suite 420   (   Washington DC 20036   (  
(202) 783-0870

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Electronically submitted

July 10, 2008

Ms. Rhonda Minnick

U.S. Environmental Protection Agency

Office of Solid Waste

1200 Pennsylvania Ave. NW (5302P)

Washington DC 20460

Re:	Lack of Lab Standard for M-Cumenyl-Methyl Carbamate

Dear Ms. Minnick:

	The Environmental Technology Council (ETC) is the trade association
that represents most of the commercial hazardous waste companies in the
United States.  Recently, ETC member firms have contacted EPA regarding
a serious problem with testing under the RCRA land disposal restrictions
program, and the ETC respectfully requests emergency action to address
this problem.

	We have discovered that no commercial laboratories are able to perform
analysis on m-cumenyl-methyl carbamate because lab standards for this
compound are no longer available to calibrate the equipment.  We even
checked with EPA field offices and determined that this carbamate
compound is no longer available in the EPA standards repository.  Very
few laboratories were able to test for this compound in the past, and
now there are no laboratories that can perform the testing.  Test
America, one of the major testing laboratories in the U.S., has
confirmed that they can no longer test for this compound.  After a
significant amount of research into possible suppliers, we have
determined that the laboratories’ assessment of the situation is
accurate.

	As you know, m-cumenyl-methyl carbamate is listed as P202 with an LDR
treatment standard of 1.4 mg/kg.  This compound is also identified as an
Underlying Hazardous Constituent.  Without an available standard,
companies cannot test for compliance with this LDR treatment
requirement.  We should note that several ETC member incineration
facilities routinely tested for m-cumenyl-methyl carbamate, before the
lab standard became unavailable, in monthly samples of ash and filter
cake, and have never found a detectable level of this carbamate.

	The ETC has surveyed all of its member companies.  All companies
confirm that the commercial labs that conduct LDR testing have stated
that they cannot test for m-cumenyl-methyl carbamate.  There are no
available options for treating and demonstrating compliance with the LDR
treatment standard for this waste.  The impossibility of demonstrating
compliance means that wastes identified as P202 or wastes that contain
m-cumenyl-methyl carbamate as an underlying hazardous constituent cannot
be treated and properly disposed.

	This situation is similar to a previous occasion in 1998 when EPA
discovered that test standards were not available for certain
carbamates, after a long list of carbamates was added to the LDR
treatment standards.  In an emergency rulemaking, EPA revised the
treatment requirements to allow combustion and wastewater treatment as
alternative technologies for those carbamates so that testing for these
individual constituents was not required.  63 Fed. Reg. 47411 (Sept. 4,
1998).  This rule provides that treatment standards for the wastes
specified as P185, P191, P197, U364, U394, and U395 – the carbamate
compounds for which no standard was available for equipment calibration
– may be satisfied by treating the waste by combustion (CMBST) for
nonwastewaters, and by biodegradation (BIODG), carbon adsorption (CARBN,
chemical oxidation (CHOXD), or combustion for wastewaters.  40 CFR
268.40(j).

	The ETC requests that EPA issue an emergency rule that adds P202 to the
list of carbamate compounds in 40 CFR 269.40(j), or take such other
action as the Agency deems necessary to resolve this problem.  Thank you
for your consideration of this request.

Respectfully submitted,

David R. Case

Executive Director

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Ms. Rhonda Minnick

July 10, 2008

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