[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Rules and Regulations]
[Pages 32452-32463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15410]
[[Page 32451]]
_______________________________________________________________________
Part VI
Environmental Protection Agency
_______________________________________________________________________
40 CFR Parts 260, 264, 265, and 266
Hazardous Waste Management System; Testing and Monitoring Activities;
Rule
Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules
and Regulations
[[Page 32452]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 260, 264, 265, and 266
[EPA F-97-WT3F-FFFFF; FRL-5839-6]
Hazardous Waste Management System; Testing and Monitoring
Activities
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is
amending its hazardous waste regulations for testing and monitoring
activities. This amendment adds new and revised methods as Update III
to the Third Edition of the EPA-approved test methods manual ``Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA
Publication SW-846 and deletes several obsolete methods from SW-846 and
the RCRA regulations. It also incorporates SW-846, Third Edition, as
amended by Updates I (July 1992), II (September 1994) and IIA (August
1993 as part of the wood surface protection rule), IIB (January 1995,
clarifying the temperature requirement for pH measurements of highly
alkaline wastes), and III (December 1996). The intent of this action is
to provide state-of-the-art analytical technologies for RCRA-related
testing, thus promoting cost effectiveness and flexibility in choosing
analytical test methods, as well as clarifying the RCRA Program's
approach to working towards the Performance Based Measurement System
(PBMS). Incorporation by reference was approved for the updates on the
following dates: Update I, August 31, 1993, Update II, January 13,
1995, Update IIA, January 4, 1994 as part of the wood surface
protection rule, and Update IIB, April 4, 1995, clarifying the
temperature requirement for pH measurements of highly alkaline wastes.
DATES: This action is effective as of June 13, 1997. The incorporation
by reference of the publication listed in the regulations is approved
by the Director of the Federal Register as of June 13, 1997.
ADDRESSES: Supporting materials are available for viewing in the RCRA
Information Center (RIC), located at Crystal Gateway I, First Floor,
1235 Jefferson Davis Highway, Arlington, VA. The Docket Identification
Number is F-97-WT3F-FFFFF. The RIC is open from 9 a.m. to 4 p.m.,
Monday through Friday, excluding federal holidays. All comments
received are in the docket for the proposed rule (Docket No. F-95-WT3P-
FFFFF). Summaries of the comments together with the Agency's responses
are in ``Response to Public Comments Background Document, Promulgation
of the Third Update to SW-846, Third Edition'' which is in the docket
for this final rule (Docket No. F-97-WT3F-FFFFF). To review docket
materials, it is recommended that the public make an appointment by
calling (703) 603-9230. The public may copy a maximum of 100 pages of
material from any regulatory docket at no charge. Additional copies
cost $0.15 per page. The docket index and rule are available
electronically. See the SUPPLEMENTARY INFORMATION section for
information on accessing it.
Copies of the Third Edition of SW-846, as amended by Updates I, II,
IIA, IIB, and III, are part of the official docket for this rulemaking,
and also are available from the Superintendent of Documents, Government
Printing Office (GPO), Washington, DC 20402, (202) 512-1800. The GPO
document number is 955-001-00000-1. Copies of the Third Edition
integrated manual and its updates are also available from the National
Technical Information Service (NTIS), 5285 Port Royal Road,
Springfield, VA 22161, (703) 487-4650. The Third Edition integrated
manual order number is PB95264073, and the Final Update III order
number is PB97156137.
In addition, a CD-ROM version of SW-846, Third Edition, as amended
by Updates I through IIB, is available from NTIS. In the future, the
CD-ROM will be updated by NTIS to also include Update III to SW-846.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA 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. For more detailed information on specific
aspects of this rulemaking, contact Kim Kirkland, Office of Solid Waste
(5307W), U. S. Environmental Protection Agency, 401 M Street, SW.,
Washington, DC 20460, (703) 308-8855.
SUPPLEMENTARY INFORMATION: The docket index and the rule are available
on the Internet. Follow these instructions to access the information
electronically: From the World Wide Web (WWW), type WWW: http://
www.epa.gov/epaoswer/rules.htm.
Regulated Entities
Entities potentially regulated by this action are those required to
use SW-846 test methods during waste sampling and analysis for RCRA-
related activities. Regulated categories and entities include: Industry
(e.g., companies which handle hazardous wastes), and State, local and
Federal government entities (e.g., government entities which handle
hazardous wastes). Other entities not listed could also be regulated.
To determine whether your organization is regulated by this action, you
should carefully examine the applicability criteria in parts 260
through 299 of the Code of Federal Regulations. 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.
Preamble Outline
I. Legal Authority
II. Background Summary and Regulatory Framework
III. Overview of July 25, 1995 NPRM and Summary of Responses to
Public Comments
A. Overview of Proposal
B. Responses to Comments Regarding the Addition of Update III
Methods and Chapters to SW-846
C. Deletion of Obsolete Methods
1. Deletion of Packed Column Gas Chromatographic Methods
2. Deletion of Methods 9200 and 9252A
3. Replacing References to Method 8240 with References to Method
8260 in Secs. 264.1034(d)(1)(iii)and (f), 264.1063(d)(2),
265.1034(d)(1)(iii) and (f), and 265.1063(d)(2)
IV. Additional Editorial Changes
A. Changes to Methods 9010A and 9030A to Create New Modular
Format Methods 9010B, 9030B, 9014, and 9034; and Editorial Changes
to Chapter Seven.
B. Revision of Section 3.0 (Sampling and Analytical Methods) of
Appendix IX to 40 CFR Part 266
C. Revision of Footnote 5 of Appendix IX to 40 CFR Part 264
D. Removing the 47 Analytical Test Methods Incorporated by
Reference in Sec. 260.11(a)
E. Revising the Disclaimer and Chapter Two of SW-846 to Include
Clarifying Editorial Changes Regarding Flexibility Allowed During
the Use of SW-846 Methods
V. Overview of Final Rule
VI. State Authority
VII. Effective Date
VIII. Regulatory Analyses
A. Executive Order 12866
B. Unfunded Mandates Reform Act
C. Certification Under the Regulatory Flexibility Act
D. Submission to Congress and the General Accounting Office
E. Paperwork Reduction Act
I. Legal Authority
These regulations are being promulgated under the authority of
sections 1006, 2002(a), 3001-3007, 3010, 3013-3018, and 7004 of the
Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery
[[Page 32453]]
Act of 1976 (commonly known as RCRA), as amended (42 U.S.C. 6905,
6912(a), 6921-6927, 6930, 6934-6939, and 6974).
II. Background Summary and Regulatory Framework
EPA Publication SW-846, ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' contains the analytical and test methods
that EPA has evaluated and found to be among those acceptable for
testing under subtitle C of the Resource Conservation and Recovery Act
(RCRA), as amended. Use of some of these methods is required by some of
the hazardous waste regulations under subtitle C of RCRA. In other
situations, SW-846 functions as a guidance document setting forth
acceptable, although not required, methods to be implemented by the
user, as appropriate, in satisfying RCRA-related sampling and analysis
requirements. All of these methods are intended to promote accuracy,
sensitivity, specificity, precision, and comparability of analyses and
test results.
SW-846 is a document that changes over time as new information and
data are developed. Advances in analytical instrumentation and
techniques are continually reviewed by the Agency's Office of Solid
Waste (OSW) and periodically incorporated into SW-846 to support
changes in the regulatory program and to improve method performance and
cost effectiveness. Update III represents such an incorporation.
As a result of this final rule, SW-846 is being amended further to
include the new and revised methods contained in Update III, and to
delete those methods deemed obsolete.
III. Overview of July 25, 1995 NPRM and Summary of Responses to Public
Comments
A. Overview of Proposal
On July 25, 1995 (60 FR 37974), the Agency proposed to amend its
hazardous waste testing and monitoring regulations under subtitle C of
RCRA by: (1) Adding revised methods and chapters and new methods as
Update III to SW-846 and incorporating the Third Edition of SW-846 as
amended by Updates I, II, IIA, IIB, and III, into 40 CFR 260.11(a) for
use in complying with the requirements of subtitle C of RCRA, (2)
deleting certain methods from SW-846 which are deemed obsolete, and (3)
deleting certain references to Method 8240, Volatile Organics by Gas
Chromatography/Mass Spectrometry (GC/MS), found in 40 CFR 264.1034,
264.1063, 265.1034, and 265.1063.
The Agency solicited comments on each of these proposed changes. On
December 22, 1995 (60 FR 49239), the Agency extended the comment period
to allow resolution of problems involving the shipping of Proposed
Update III to many SW-846 subscribers. The extension allowed the
subscribers an opportunity to review the Proposed Update III package
and supply comments to the Agency.
Items B through D of this section summarize the major comments
received and the actions taken by the Agency in response to those
comments.1
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\1\ All comments received are in the docket for the proposed
rule (Docket No. F-95-WT3P-FFFFF). Summaries of the comments
together with the Agency's responses are in ``Response to Public
Comments Background Document, Promulgation of the Third Update to
SW-846, Third Edition'' which is in the docket for this final rule
(Docket No. F-97-WT3F-FFFFF).
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B. Responses to Comments Regarding the Addition of Update III Methods
and Chapters to SW-846
The Agency proposed, as part of Update III to SW-846, to revise 37
methods and 6 chapters already contained in the Third Edition of SW-
846, as amended by Updates I, II, IIA, and IIB, incorporated by
reference in 40 CR 260.11. The revisions were proposed to improve the
methods and provide additional performance information for these
methods. As part of Update III, the Agency also proposed to add 61 new
methods to SW-846.
The Agency received very few negative comments on the proposal to
add the new methods and revised methods and chapters of Update III to
SW-846. The comments received by the Agency on the addition of new
methods and the revision of existing methods and chapters were minor
editorial changes. Details on these comments and the Agency's responses
may be found in the background document to this rulemaking. The Agency
has incorporated several of the suggested changes into the Update III
package, as described in the background document.
C. Deletion of Obsolete Methods
The Agency proposed, as part of Update III to SW-846, to delete
sixteen obsolete methods from the Third Edition of SW-846, for the
reasons delineated in the sections to follow. Table 1 (Method Deletion/
Replacement Table) lists the methods being deleted and identifies the
appropriate replacement methods currently found in SW-846, Third
Edition, as amended by Updates I, II, IIA, IIB, and III. The
replacement methods are approved for analyses previously conducted by
the deleted methods. Regarding the deletion of packed-column methods
from SW-846, the Agency notes that packed columns can still be used in
the replacement capillary column methods for required purposes,
provided that method performance is appropriate for the intended
application.
Table 1
[Method Deletion/Replacement Table] \1\
----------------------------------------------------------------------------------------------------------------
Deleted method No. Deleted method title Replacement method No. Replacement method title
----------------------------------------------------------------------------------------------------------------
5040A Analysis of Sorbent 5041A Analysis for Desorption of
Cartridges from Volatile Sorbent Cartridges from
Organic Sampling Train Volatile Organic Samp-ling
(VOST): Gas Chromatography/ Train (VOST).
Mass Spectrometry Technique.
8010B Halogenated Volatile Organics 8021B Halogenated and Aromatic
by Gas Chromatography. Volatiles by Gas
Chromatography Using
Photoionization and
Electrolytic Conductivity
Detectors.
8020A Aromatic Volatile Organics by 8021B Halogenated and Aromatic
Gas Chromatography. Volatiles by Gas
Chromatography Using
Photoionization and
Electrolytic Conductivity
Detectors.
8030A Acrolein and Acrylonitrile by 8260B Volatile Organic Compounds
Gas Chromatography. by Gas Chromatography/Mass
Spectrometry (GC/MS).
8316 Acrylamide, Acrylonitrile
and Acrolein by High
Performance Liquid
Chromatography (HPLC).
[[Page 32454]]
8040A Phenols by Gas Chromatography 8041 Phenols by Gas
Chromatography.
8060 Phthalate Esters............. 8061A Phthalate Esters by Gas
Chromatography with
Electron Capture Detection
(GC/ECD).
8080A Organochlorine Pesticides and 8081A Organochlorine Pesticides by
Polychlorinated Biphenyls by Gas Chromatography.
Gas Chromatography.
8082 Polychlorinated Biphenyls
(PCBs) by Gas
Chromatography.
8090 Nitroaromatics and Cyclic 8091 Nitroaromatics and Cyclic
Ketones. Ketones.
8110 Haloethers by Gas 8111 Haloethers by Gas
Chromatography. Chromatography.
8120A Chlorinated Hydrocarbons by 8121 Chlorinated Hydrocarbons by
Gas Chromatography. Gas Chromatography.
8140 Organophosphorus Pesticides.. 8141A Organophosphorus Com-pounds
by Gas Chro-matography.
8150B Chlorinated Herbicides by Gas 8151A Chlorinated Herbicides by GC
Chromatography. Using Methylation or Pent-
aflorobenzylation
Derivatization.
8240B Volatile Organics by Gas..... 8260B Volatile Organic Compounds
Chromatography/Mass by Gas Chromatography/Mass
Spectrometry (GC/MS). Spectrometry (GC/MS).
8250A Semivolatile Organic 8270C Semivolatile Organic
Compounds by Gas Compounds by Gas
Chromatography/ Mass Chromatography/Mass
Spectrometry (GC/MS). Spectrometry (GC/MS).
9200 Nitrate...................... 9210 Potentiometric Determination
of Nitrate in Aqueous
Samples with Ion-Selective
Electrode.
9056 Determination of Inorganic
Anions by Ion
Chromatography.
9252A Chloride (Titrimetric, 9056 Determination of Inorganic
Mercuric Nitrate). Anions by Ion
Chromatography.
9250 Chloride (Colormetric,
Automated Ferricyanide
AAI).
9251 Chloride (Color-metric,
Automated Ferricyanide
AAII).
9253 Chloride (Titrimetric,
Silver Nitrate).
----------------------------------------------------------------------------------------------------------------
\1\ The Agency notes that packed columns can still be used in the replacement capillary column methods for
required purposes, provided that method performance is appropriate for the intended application. The analysts
should also see the Preface and Overview and Chapter Two of SW-846, as well as Method 8000 before beginning
any GC analysis (Note: A more detailed discussion on this issue can be found in Section III. C.1 of the
preamble).
Note: A suffix of ``A'' in the method number indicates revision
one (the method has been revised once). A suffix of ``B'' in the
method number indicates revision two (the method has been revised
twice). A suffix of ``C'' in the method number indicates revision
three (the method has been revised three times).
1. Deletion of Packed Column Gas Chromatographic Methods
Fourteen packed column gas chromatographic (GC) methods were
proposed for deletion from SW-846 because they have been superseded by
capillary column methods or other method techniques that provide better
resolution, selectivity and sensitivity. Most of the commenters did not
comment on the proposal to remove the packed column methods from SW-
846. Of those that did, four commenters were in favor of the removal of
the packed column methods, while thirteen opposed the action. In
general, both sets of commenters agreed with the Agency that most
laboratories use capillary columns, and that capillary columns are a
better technology and generate more reliable data than the packed
columns. However, all of those opposing the action preferred that the
Agency retain the packed column methods as approved for RCRA-related
testing and considered their deletion from SW-846 to be either
arbitrary or unnecessary. These commenters noted that the capillary
columns can be and are used in the packed column methods. The
commenters stated that, since SW-846 is a guidance document, the
regulated community should have the option of using the packed column
methods as long as the generated data are adequate for regulatory
purposes. Some commenters in particular desired this option regarding
the use of Method 8080, ``Organochlorine Pesticides and Polychlorinated
Biphenyls by Gas Chromatography''.
First, the Agency disagrees with comments that removal of the
packed column methods is arbitrary or unnecessary. It is the Agency's
responsibility to maintain SW-846 as a manual of standardized methods
which EPA believes will provide adequate data for compliance
determinations and other RCRA-related analyses. As noted in the
proposal (and also observed by the commenters), capillary columns have
an inherently greater ability to separate analytes than packed columns.
No commenters refuted this finding. In addition, a survey performed in
1991 found that few analysts actually use packed columns in their
laboratories anymore (Environmental Science and Technology, 26, 1285-
1287, 1992).
The packed column GC methods of SW-846 were also proposed for
deletion to be consistent with other Agency program offices, e.g., the
Office of Water, which has withdrawn packed column methods from its
list of approved drinking water methods (see 59 FR 62456, December 5,
1994). The Agency is also considering a similar action regarding the
methods approved for wastewater analyses. Cross-program consistency
regarding the use and approval of packed column methods is important
and cost-effective for both the Agency and the regulated community.
In addition, as shown by Table 1, the Agency is not proposing to
delete a packed column method unless at least one other method which
uses a commercially available and adequate technology is in SW-846 to
replace it.
Regarding the continued use of any of the packed column methods by
the regulated community, the Agency notes that packed columns can still
be used in the replacement capillary column methods for required
purposes, provided that method performance is
[[Page 32455]]
appropriate for the intended application. The performance data included
in SW-846 methods are not intended to be used as absolute QC acceptance
criteria for method performance. The data are intended as guidance
providing typical method performance in typical matrices, to assist the
analyst in the selection of an appropriate method for the intended
application. It is the analyst's responsibility to establish the
analytical operating parameters and acceptance criteria that are
appropriate for that intended application. In addition, the public may
continue to use packed column methods, including Method 8080, for
applications for which the methods are appropriate.
Some commenters opposed the deletion of the packed column methods
because many of the methods are included in formally approved documents
such as permits, EPA-approved Quality Assurance Project Plans, and
Consent Decrees. This should not be a cause for concern. Permits and
other plans formally approved by regulatory authorities that specify
the use of packed column methods for required analyses continue in
effect unless they are changed, for example, by amending a consent
decree or modifying a permit. In addition, when the permits, etc., are
revised, the performance data contained in the packed column methods
are not intended to be used as absolute QC acceptance criteria. As with
any other methods in SW-846, they are typical performance data expected
for typical matrices. The replacement capillary column methods provide
superior performance with regard to sensitivity, chromatographic
separation, etc., and therefore, the Agency does not believe that
amending a permit will be a problem or expense because equivalent
methods are already included in SW-846 to meet the analytical
requirements stated in permits. Further, the Agency believes that
laboratories have been using capillary column methods for these RCRA
applications.
The removal of the packed column methods is a direct example of the
Agency's interpretation of PBMS. Capillary column methods represent
state-of-the-art in Gas Chromatography technology. Under the PBMS
approach, the Agency requires that the generator/analyst be able to
demonstrate the ability to meet the Data Quality Objectives (DQOs) for
any particular application. For those isolated instances for which the
analyst wishes to use a packed column method and can demonstrate the
ability to meet project specific DQOs for a particular RCRA
application, packed column methods may continue to be used. It is the
Agency's policy under the Performance-Based Measurement System (PBMS),
that the analytical performance criteria established in the RCRA permit
be achieved. The Environmental Monitoring Management Council (EMMC)
defines PBMS as ``a set of processes wherein the data quality needs,
mandates or limitations of a program or project are specified, and
serve as criteria for selecting appropriate methods to meet those needs
in a cost-effective manner.'' Under such a system, EPA would specify
performance criteria and data producers that would show that their
proposed methods meet these specific performance standards. Data
producers would be required to document method performance and certify
the use of appropriate quality assurance and quality control
procedures. The system would apply to those physical, chemical, and
biological methods used both in laboratories and in the field. PBMS is
a system for specifying monitoring requirements that imposes legal
accountability for the achievement of specific data or measurement
quality objectives, without prescribing the particular procedures,
techniques, or instrumentation that is to be used for achieving such
objectives. These performance criteria are defined by the permit, not
by a specified method number.
2. Deletion of Methods 9200 and 9252A
The Agency also proposed to delete Method 9200 (the brucine-
sulfanilamide method for nitrate determination), because it generated
unreliable results, and Method 9252A (``Chloride, Titrimetric, Mercuric
Nitrate), because it generates a mercury-containing RCRA hazardous
waste. The Agency did not receive any comments regarding the deletion
of these two methods. Therefore, Methods 9200 and 9252 have been
deleted and are no longer part of the Third Edition of SW-846 as
revised by Final Update III.
3. Replacing References to Method 8240 With References to Method 8260
in Secs. 264.1034(d)(1)(iii) and (f), 264.1063(d)(2),
265.1034(d)(1)(iii) and (f), and 265.1063(d)(2)
The Agency proposed to delete all references to Method 8240
(Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry) of
SW-846 found in Secs. 264.1034(d)(1)(iii) and (f), 264.1063(d)(2),
265.1034(d)(1)(iii) and (f), and 265.1063(d)(2). The Agency did not
propose to replace the references to Method 8240 with references to
Method 8260 of SW-846, the capillary column replacement method for
Method 8240. There were no significant comments objecting to the
removal of references to Method 8240 in those sections. However, there
was comment that the compound-specific methodology should not be
discontinued, leaving only a method that measures total organic
concentration. Rather, the preferred capillary column technology should
be used in place of the former packed column technology in the analysis
of volatile organic compounds by Gas Chromatography/Mass Spectrometry;
i.e., Method 8240 should be replaced by Method 8260 in the subject
regulations. The Agency agrees with this comment and therefore has
replaced references to Method 8240 with references to Method 8260 in 40
CFR 264.1034(d)(1)(iii) and (f), 264.1063(d)(2), 265.1034(d)(1)(iii),
and 265.1063(d)(2) and (f) of the RCRA regulations. As stated in method
8000B, ``Determinative Chromatographic Separations'', the method which
provides the Agency's guidance on analytical chromatography, other
columns may be substituted in SW-846 methods to improve performance
provided that (1) the requirements of Secs. 8.3 (Instrument QC
Requirements) and 8.4 (Initial Demonstration of proficiency) of Method
8000B are satisfied, and (2) Target analytes are sufficiently resolved
from one another, and from co-extracted interferences.
(Note: A method reference found within the RCRA regulations
refers to the latest promulgated revision of the method, even though
the method number does not include the appropriate letter suffix.
For example, in the regulatory sections discussed above, the
referenced Method 8260 refers to the last promulgated version of
that method, which is Method 8260B of Update III to SW-846.)
IV. Additional Editorial Changes
The Agency is taking this opportunity to make several additional
editorial changes resulting from the promulgation of Update III to SW-
846, Third Edition. These changes include:
--Revising Methods 9010A and 9030A to create new modular format Methods
9010B, 9030B, 9014, and 9034, and Editorial Changes to Chapter Seven.
--Removing section 3.0, ``Sampling and Analytical Methods'', from
appendix IX to 40 CFR part 266 because all of the methods can now be
found in SW-846.
--Revising footnote 5 of appendix IX to 40 CFR part 264 to address the
status of packed column methods in SW-846.
--Revising the Disclaimer and Chapter Two of SW-846 to include
clarifying
[[Page 32456]]
editorial changes regarding flexibility allowed during the use of SW-
846 methods.
Since these are technical changes that do not affect the
implementation of the regulations, the Agency is simply providing
notice of the changes without opportunity for public
comment.2 These changes are discussed in detail below.
---------------------------------------------------------------------------
\2\ The APA provides an exception to the notice and comment
requirement where it would be unnecessary. 5 U.S.C. 553(b)(3)(B).
---------------------------------------------------------------------------
A. Changes to Methods 9010A and 9030A to Create New Modular Format
Methods 9010B, 9030B, 9014, and 9034; and Editorial Changes to Chapter
Seven
Methods 9010B (Total and Amenable Cyanide: Distillation), 9014
(Titrimetric and Manual Spectrophotometric Determinative Methods for
Cyanide), 9030B (Acid Soluble and Acid-Insoluble Sulfides:
Distillation), and 9034 (Titrimetric Procedure for Acid-Soluble and
Acid Insoluble Sulfides) of Update III are modular versions of the
inclusive Methods 9010A (Total and Amenable Cyanide) and 9030A (Acid-
Soluble and Acid-Insoluble Sulfides) of SW-846. The modular versions
were created by dividing the preparative and determinative steps of
Methods 9010A and 9030A into four separate methodologies. Specifically,
revised Method 9010B contains the preparative distillation steps of
Method 9010A, and revised Method 9030B contains the preparative
distillation steps of Method 9030A. New Method 9014 contains the
determinative steps of Method 9010A, and new method 9034 contains the
determinative steps of Method 9030A. This modular approach is common to
SW-846, and increases flexibility by allowing the selection of
preparative and determinative steps that are appropriate to the sample
matrix and data end use. (Inclusive methods are desirable, when
practicable, i.e., for a specific application in a specific medium or
matrix. However, modular methods are more appropriate and practicable
when dealing with analyses involving multiple media, as is the case
with these two methods.) The text and technical content of Methods
9010A and 9030A were not changed when the methods were divided into
Methods 9010B, 9014, 9030B, and 9034.
As a result of dividing Methods 9010 and 9030 into two new methods,
the Agency is also correcting those method references in Chapter Seven,
steps 2.1, 7.6, and 8.1 of section 7.3.3.2 (Test Method to Determine
Hydrogen Cyanide Released from Wastes) and steps 2.1, 7.6, 7.7 and 9.1
of section 7.3.4.2 (Test Method to Determine Hydrogen Sulfide Released
from Wastes). Specifically, certain incorrect references to ``Method
9010'' and ``Method 9030'' have been replaced with correct references
to ``Method 9014'' and ``Method 9034''.
B. Revision of Section 3.0 (Sampling and Analytical Methods) of
Appendix IX to 40 CFR Part 266
The Agency has revised appendix IX of 40 CFR part 266 whereby the
text of section 3.0, Sampling and Analytical Methods, has been removed,
and a note has been added referencing SW-846. With the promulgation of
Update III, all of the methods in section 3.0 of part 266, appendix IX,
are now available in SW-846. Table 2 (BIF/EPA Methods) identifies the
methods in section 3.0 of part 266, appendix IX, and the equivalent SW-
846 method. (Note: The method number has changed for some of the
methods to reflect the SW-846 method numbering system.) This technical
change was necessary to eliminate redundancy and to remove the
possibility that a discrepancy might exist between two versions of the
same method. This technical change only revises where the methods are
found; it does not change required or intended uses of the methods.
Since these methods have been removed from appendix IX of part 266
and replaced with a note referencing SW-846, and since
Secs. 266.104(e)(1), 266.106(g) (1) and (2), and 266.107(f) refer
(directly or indirectly) to the methods in that appendix, the Agency
has also revised Secs. 266.104(e)(1), 266.106(g) (1) and (2), and
266.107(f) to refer to the equivalent methods of SW-846.
Table 2
[BIF/EPA Methods]
------------------------------------------------------------------------
BIF method SW-846
BIF manual section BIF manual method name No. method No.
------------------------------------------------------------------------
3.1................... Methodology for the 0012 0060
Determination of
Metals Emissions In
Exhaust Gases from
Hazardous Waste
Incineration and
Similar Combustion
Processes.
3.2................... Determination of 0013 0061
Hexavalent Chromium
Emissions from
Stationary Sources.
3.3.1................. Isokinetic HCl/Cl2 0050 0050
Emission Sampling
Train.
3.3.2................. Midget Impinger HCl/ 0051 0051
Cl2 Emission Sampling
Train.
3.3.3................. Protocol for Analysis 9057 9057
of Samples from HCl/
Cl2 Emission Sampling
Train.
3.4................... Determination of 23 0023
Polychlorinated
Dibenzo-p-Dioxins
(PCDDs) and
Polychlorinated
Dibenzofurans (PCDFs)
from Stationary
Sources.
3.5................... Sampling for Aldehydes 0011 0011
and Ketones Emissions
From Stationary
Sources.
3.6................... Analysis for Aldehydes 0011A 8315
and Ketones by High
Performance Liquid
Chromatography (HPLC).
------------------------------------------------------------------------
C. Revision of Footnote 5 of Appendix IX to 40 CFR Part 264
Appendix IX to 40 CFR part 264 contains the ground-water monitoring
list of analytes and suggested methods for analyte determination.
Footnote 5 to the appendix notes that the listing of suggested methods
refers to analytical procedure numbers used in SW-846. However, the
listing of suggested methods includes packed column GC methods, which
have been removed from SW-846 with the addition of Update III. The
Agency, therefore, has revised footnote 5 of appendix IX to 40 CFR part
264 to also note that the packed column methods were promulgated
methods through Update IIB of SW-846 and that, as of Update III, the
Agency has replaced the methods with capillary column GC methods.
D. Removing the 47 Analytical Test Methods Incorporated by Reference in
Sec. 260.11(a)
The Agency is today removing the list of 47 methods found at the
end of
[[Page 32457]]
Sec. 260.11(a). This action is being taken since the 47 methods are
contained in the Third Edition of SW-846, which is being incorporated
by reference today in its entirety. Therefore, specific reference to
the 47 methods in Sec. 260.11, Incorporation by Reference, is redundant
and unnecessary. It was the intent of the Agency to finalize this
action in a previous rulemaking (August 31, 1993, 58 FR 46040).
However, due to an error in the regulatory language contained in that
rule, the 47 methods were not removed from Sec. 260.11(a) at that time.
E. Revising the Disclaimer and Chapter Two of SW-846 to Include
Clarifying Editorial Changes Regarding Flexibility Allowed During the
Use of SW-846 Methods
The Agency believes that language in SW-846 which clarifies the
flexibility inherent to SW-846 methods is useful to the regulated
community. SW-846 methods are written so that they may be used as
quantitative trace analytical methods to demonstrate that a waste
``does not contain'' constituents that require it to be managed as a
hazardous waste. If particular RCRA applications do not require this
rigor, looser analytical criteria may be applied, provided that they
satisfy the data quality requirements for the particular application.
Therefore, the Agency has revised the Disclaimer and Chapter Two of SW-
846 to include editorial changes which explain that glassware,
reagents, supplies, equipment and settings other than those specified
in SW-846 may be employed, provided that method performance appropriate
for the intended RCRA application is documented. Such performance
includes consideration of precision, accuracy (or bias), recovery,
representativeness, comparability, and sensitivity (detection,
quantitation, or reporting limits) relative to the data quality
objectives for the intended use of the analytical results. In other
words, the Agency is following a Performance-Based Measurement System
(PBMS) approach where the analyst must be able to demonstrate the
ability to determine the analytes of concern in the matrix(ces) of
concern at the level (concentration) of concern for any particular RCRA
application. RCRA regulations basically specify ``what'' needs to be
determined and leaves the ``how'' up to the analyst. ``Any reliable
analytical method'' may be used for this demonstration. If in response
to this inherent flexibility an alternative analytical procedure is
employed, the laboratory should demonstrate and document that the
procedure is capable of providing the appropriate performance. The
Disclaimer and Chapter Two explain that the performance data included
in the SW-846 methods are not intended to be used as absolute QC
acceptance criteria for method performance. The data are intended to
only be guidance, by providing typical method performance in certain
representative matrices to assist the analyst in the selection of an
appropriate method for an intended RCRA application.
The flexibility described in the Disclaimer and Chapter Two of SW-
846 is applicable when any regulating entity (e.g., State Government)
specifies the use of methods found in SW-846. The following language
from the Preface and Overview should help clarify the flexibility
inherent in the SW-846 manual:
The procedures described in this manual are meant to be
comprehensive and detailed, coupled with the realization that the
problems encountered in sampling and analytical situations require a
certain amount of flexibility. The solutions to these problems will
depend, in part, on the skill, training, and experience of the
analyst. For some situations, it is possible to use this manual in
rote fashion. In other situations, it will require a combination of
technical abilities, using the manual as guidance rather than in a
step-by-step, word-by-word fashion. Although this puts an extra
burden on the user, it is unavoidable because of the variety of
sampling and analytical conditions found with hazardous wastes.
However, as explained in the Disclaimer and Chapter Two, this
flexibility does not apply to method-defined parameters where the
analytical result is wholly dependant on the measurement process, such
as during the use of the Toxicity Characteristic Leaching Procedure
(Method 1311) and other characteristic tests. In these instances,
changes to the specific methods may change the end result and
incorrectly identify a waste as non-hazardous. Therefore, when the
measurement of such method-defined parameters is required by
regulation, those methods are not subject to the flexibility afforded
to other methods.
V. Overview of Final Rule
This rule makes final the Agency's proposal to remove certain
methods and add revised methods and chapters and new methods as Update
III to SW-846 and to incorporate the Third Edition as amended by
Updates I, II, IIA, IIB, and III in 40 CFR 260.11(a) for use in
complying with the requirements of subtitle C of RCRA.
Table 3, Final Update III of SW-846, Third Edition lists all of the
revised methods and chapters and new methods that are approved by the
Agency for inclusion in Final Update III to SW-846. The table lists the
chapters and methods of Update III in the order of their relative
location in SW-846. The vertical ``* * *'' notation indicates portions
of SW-846, Third Edition (as amended by Updates I, IIA, and IIB) which
are unchanged by Final Update III.
Table 3.--Final Update III of SW-846, Third Edition
------------------------------------------------------------------------
Method No. Title
------------------------------------------------------------------------
Disclaimer.
* * * *
* * *
Table of Contents.
* * * *
* * *
Preface.
* * * *
* * *
Chapter Two--Choosing the Correct
Procedure.
Chapter Three--Inorganic Analytes.
3.1 Sampling Considerations.
3.2 Sample Preparation Methods.
* * * *
* * *
3031........................ Acid Digestion of Oils for Metals Analysis
by FLAA or ICP Spectroscopy.
[[Page 32458]]
3040A....................... Dissolution Procedures for Oils, Greases,
or Waxes.
3050B....................... Acid Digestion of Sediments, Sludges, and
Soils.
3052........................ Microwave Assisted Acid Digestion of
Siliceous and Organically Based Matrices.
3060A....................... Alkaline Digestion for Hexavalent
Chromium.
3.3 Methods for Determination of
Inorganic Analytes.
6010B....................... Inductively Coupled Plasma--Atomic
Emission Spectroscopy.
* * * *
* * *
7063........................ Arsenic in Aqueous Samples and Extracts by
Anodic Stripping Voltammetry (ASV).
* * * *
* * *
7199........................ Determination of Hexavalent Chromium in
Drinking Water, Groundwater and
Industrial Wastewater Effluents by Ion
Chromatography.
* * * *
* * *
7472........................ Mercury in Aqueous Samples and Extracts by
Anodic Stripping Voltammetry (ASV).
* * * *
* * *
7521........................ Nickel (Atomic Absorption, Furnace
Method).
* * * *
* * *
7580........................ White Phosphorus (P4) by Solvent
Extraction and Gas Chromatography.
Chapter Four--Organic Analytes.
4.1 Sampling Considerations.
4.2 Sample Preparation Methods.
4.2.1 Extractions and Preparations.
3500B....................... Organic Extraction and Sample Preparation.
3510C....................... Separatory Funnel Liquid-Liquid
Extraction.
3520C....................... Continuous Liquid-Liquid Extraction.
3535........................ Solid-Phase Extraction (SPE).
3540C....................... Soxhlet Extraction.
* * * *
* * *
3542........................ Extraction of Semivolatile Analytes
Collected Using Modified Method 5 (Method
0010) Sampling Train.
3545........................ Pressurized Fluid Extraction (PFE).
3550B....................... Ultrasonic Extraction.
3560........................ Supercritical Fluid Extraction of Total
Recoverable Petroleum Hydrocarbons.
3561........................ Supercritical Fluid Extraction of
Polynuclear Aromatic Hydrocarbons.
* * * *
* * *
3585........................ Waste Dilution for Volatile Organics.
5000........................ Sample Preparation for Volatile Organic
Compounds.
5021........................ Volatile Organic Compounds in Soils and
Other Solid Matrices Using Equilibrium
Headspace Analysis.
5030B....................... Purge-and-Trap for Aqueous Samples.
5031........................ Volatile, Nonpurgeable, Water-Soluble
Compounds by Azeotropic Distillation.
5032........................ Volatile Organic Compounds by Vacuum
Distillation.
5035........................ Closed-System Purge-and-Trap and
Extraction for Volatile Organics in Soil
and Waste Samples.
5041A....................... Analysis for Desorption of Sorbent
Cartridges from Volatile Organic Sampling
Train (VOST).
4.2.2 Cleanup.
3600C....................... Cleanup.
3610B....................... Alumina Cleanup.
3611B....................... Alumina Column Cleanup and Separation of
Petroleum Wastes.
3620B....................... Florisil Cleanup.
3630C....................... Silica Gel Cleanup.
* * * *
* * *
3650B....................... Acid-Base Partition Cleanup.
3660B....................... Sulfur Cleanup.
3665A....................... Sulfuric Acid/Permanganate Cleanup.
4.3 Determination of Organic Analytes.
4.3.1 Gas Chromatographic Methods.
8000B....................... Determinative Chromatographic Separations.
* * * *
* * *
8015B....................... Nonhalogenated Organics Using GC/FID.
8021B....................... Aromatic and Halogenated Volatiles by Gas
Chromatography Using Photoionization and
Electrolytic Conductivity Detectors in
Series.
* * * *
* * *
8032A....................... Acrylamide by Gas Chromatography.
8033........................ Acetonitrile by Gas Chromatography with
Nitrogen-Phosphorus Detection.
8041........................ Phenols by Gas Chromatography.
[[Page 32459]]
8061A....................... Phthalate Esters by Gas Chromatography
with Electron Capture Detection (GC/ECD).
8070A....................... Nitrosamines by Gas Chromatography.
8081A....................... Organochlorine Pesticides by Gas
Chromatography.
8082........................ Polychlorinated Biphenyls (PCBs) by Gas
Chromatography.
8091........................ Nitroaromatics and Cyclic Ketones by Gas
Chromatography.
* * * *
* * *
8111........................ Haloethers by Gas Chromatography.
* * * *
* * *
8131........................ Aniline and Selected Derivatives by Gas
Chromatography.
* * * *
* * *
8151A....................... Chlorinated Herbicides by GC Using
Methylation or Pentafluorbenzylation
Derivatization.
4.3.2 Gas Chromatographic/Mass
Spectroscopic Methods.
8260B....................... Volatile Organic Compounds by Gas
Chromatography/Mass Spectrometry (GC/MS).
8270C....................... Semivolatile Organic Compounds by Gas
Chromatography/Mass Spectrometry (GC/MS).
8275A....................... Semivolatile Organic Compounds (PAHs and
PCBs) in Soils/Sludges and Solid Wastes
Using Thermal Extraction/Gas
Chromatography/Mass Spectrometry (TE/GC/
MS).
8280A....................... The Analysis of Polychlorinated Dibenzo-p-
Dioxins and Polychlorinated Dibenzofurans
by High Resolution Gas Chromatography/Low
Resolution Mass Spectrometry (HRGC/LRMS).
* * * *
* * *
4.3.3 High Performance Liquid
Chromatographic Methods.
* * * *
* * *
8315A....................... Determination of Carbonyl Compounds by
High Performance Liquid Chromatography
(HPLC).
* * * *
* * *
8321A....................... Solvent Extractable Nonvolatile Compounds
by High Performance Liquid Chromatography/
Thermospray/Mass Spectrometry (HPLC/TS/
MS) or Ultraviolet (UV) Detection.
8325........................ Solvent Extractable Nonvolatile Compounds
by High Performance Liquid Chromatography/
Particle Beam/Mass Spectrometry (HPLC/PB/
MS).
* * * *
* * *
8332........................ Nitroglycerine by High Performance Liquid
Chromatography.
4.3.4 Infrared Methods.
* * * *
* * *
8430........................ Analysis of Bis(2-chloroethyl) Ether
Hydrolysis Products by Direct Aqueous
Injection GC/FT-IR.
8440........................ Total Recoverable Petroleum Hydrocarbons
by Infrared Spectrophotometry.
4.3.5 Miscellaneous Spectrometric
Methods.
8520........................ Continuous Measurement of Formaldehyde in
Ambient Air.
4.4 Immunoassay Methods.
40000....................... Immunoassay.
4010A....................... Screening for Pentachlorophenol by
Immunoassay.
4015........................ Screening for 2,4-Dichlorophenoxyacetic
Acid by Immunoassay.
4020........................ Screening for Polychlorinated Biphenyls by
Immunoassay.
4030........................ Soil Screening for Petroleum Hydrocarbons
by Immunoassay.
4035........................ Soil Screening for Polynuclear Aromatic
Hydrocarbons by Immunoassay.
4040........................ Soil Screening for Toxaphene by
Immunoassay.
4041........................ Soil Screening for Chlordane by
Immunoassay.
4042........................ Soil Screening for DDT by Immunoassay.
4050........................ TNT Explosives in Soils by Immunoassay.
4051........................ Hexahydro-1,3,5-trinitro-1,3,5-triazine
(RDX) in Soil by Immunoassay.
4.5 Miscellaneous Screening Methods.
* * * *
* * *
8515........................ Colorimetric Screening Method for
Trinitrotoluene (TNT) in Soil.
9078........................ Screening Test Method for Polychlorinated
Biphenyls in Soil.
9079........................ Screening Test Method for Polychlorinated
Biphenyls in Transformer Oil.
Chapter Five--Miscellaneous Test Methods.
* * * *
* * *
9010B....................... Total and Amenable Cyanide(Colorimetric,
Manual).
9012A....................... Total and Amenable Cyanide (Colorimetric,
Automated UV).
* * * *
* * *
9014........................ Titrimetric and Manual Spectrophotometric
Determinative Methods for Cyanide.
* * * *
* * *
9023........................ Extractable Organic Halides (EOX) in
Solids.
[[Page 32460]]
9030B....................... Acid-Soluble and Acid-Insoluble Sulfides.
* * * *
* * *
9034........................ Titrimetric Procedure for Acid-Soluble and
Acid-Insoluble Sulfides.
* * * *
* * *
9057........................ Determination of Chloride from HCl/Cl2
Emission Sampling Train (Methods 0050 and
0051) by Anion Chromatography.
* * * *
* * *
9210........................ Potentiometric Determination of Nitrate in
Aqueous Samples with Ion-Selective
Electrode.
9211........................ Potentiometric Determination of Bromide in
Aqueous Samples with Ion-Selective
Electrode.
9212........................ Potentiometric Determination of Chloride
in Aqueous Samples with Ion-Selective
Electrode.
9213........................ Potentiometric Determination of Cyanide in
Aqueous Samples and Distillates with Ion-
Selective Electrode.
9214........................ Potentiometric Determination of Fluoride
in Aqueous Samples with Ion-Selective
Electrode.
9215........................ Potentiometric Determination of Sulfide in
Aqueous Samples and Distillates with Ion-
Selective Electrode.
* * * *
* * *
Chapter Six--Properties.
1030........................ Ignitability of Solids.
1120........................ Dermal Corrosion.
* * * *
* * *
9050A....................... Specific Conductance.
* * * *
*
9095A....................... Paint Filter Liquids Test.
* * * *
* * *
Chapter Seven--Characteristics
Introduction and Regulatory Definitions.
Chapter Eight--Methods for Determining
Characteristics.
* * * *
* * *
Chapter Ten--Sampling Methods.
* * * *
* * *
0011........................ Sampling for Selected Adehyde and Ketone
Emissions from Stationary Sources.
0023A....................... Sampling Method for Polychlorinated
Dibenzo-p-Dioxins and Polychlorinated
Dibenzofuran Emissions from Stationary
Sources.
* * * *
* * *
0031........................ Sampling method for Volatile Organic
Compounds (SMVOC).
0040........................ Sampling of Principal Organic Hazardous
Constituents from Combustion Sources
Using Tedlar Bags.
0050........................ Isokinetic HCl/Cl2 Emission Sampling
Train.
0060........................ Determination of Metals in Stack
Emissions.
0061........................ Determination of Hexavalent Chromium
Emissions from Stationary Sources.
0051........................ Midget Impinger HCl/Cl2 Emission Sampling
Train.
0100........................ Sampling for Formaldehyde and Other
Carbonyl Compounds in Indoor Air.
* * * *
* * *
------------------------------------------------------------------------
Note: A suffix of ``A'' in the method number indicates revision one (the
method has been revised once). A suffix of ``B'' in the method number
indicates revision two (the method has been revised twice). A suffix
of ``C'' in the method number indicates revision three (the method has
been revised three times).
VI. State Authority
For these Regulatory cases where SW-846 is required, today's rule
provides standards that are not immediately effective in authorized
States since the requirements are being imposed pursuant to pre-HSWA
authority. See RCRA section 3006. The requirements will be applicable
only in those States that do not have final authorization. In
authorized States, the requirements will not be applicable until the
State revises its program to adopt equivalent requirements under State
law. Procedures and deadlines for State program revisions are set forth
in 40 CFR 271.21. 40 CFR 271.3 sets forth the requirements a State must
meet when submitting its final authorization application.
VII. Effective Date
Section 3010 of RCRA provides that regulations promulgated pursuant
to subtitle C of RCRA shall take effect six months after the date of
promulgation. However, HSWA-amended section 3010 of RCRA allows rules
to become effective in less than six months when, among other things,
the Agency finds that the regulated community does not need six months
to come into compliance. SW-846, as revised by Update III, inclusively
provides greater flexibility to the regulated community in testing and
monitoring solid waste by offering a greater selection of approved
methods and by promoting more flexibility in method application. In
addition, no method was deleted as part of Update III unless at least
one other approved replacement method was also readily available in SW-
846. Therefore, the Agency believes that the regulated community does
not need six months to
[[Page 32461]]
come into compliance. For the same reasons, the Agency believes that
good cause exists under the Administrative Procedures Act, 5 U.S.C
section 553(d), for not delaying the effective date of this rule.
Therefore, this rule is effective June 13, 1997.
VIII. Regulatory Analyses
A. Executive Order 12866
The Agency has determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 because
this rule does not create any new regulatory requirements and it does
not require any new reports beyond those now required. Therefore, this
rule is not subject to OMB review and the requirements of the Executive
Order.
B. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA or the
Act), Pub. L. 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 UMRA,
EPA generally must prepare a written statement for rules with Federal
mandates that may result in estimated costs to State, local, and tribal
governments in the aggregate, or to the private sector, of $100 million
or more in any one year. When such a statement is required for EPA
rules, under section 205 of the Act, EPA must identify and consider
alternatives, including the least costly, most cost-effective or least
burdensome alternative that achieves the objectives of the rule. EPA
must select that alternative, unless the Administrator explains in the
final rule why it was not selected or it is inconsistent with law.
Before EPA establishes regulatory requirements that may significantly
or uniquely affect small governments, including tribal governments, it
must develop under section 203 of the Act a small government agency
plan. The plan must provide for notifying potentially affected small
governments, giving them meaningful and timely input in the development
of EPA regulatory proposals with significant Federal intergovernmental
mandates, and informing, educating, and advising them on compliance
with the regulatory requirements.
EPA has determined that this rule does not include a Federal
mandate that may result in estimated costs of $100 million or more to
State, local, and tribal governments in the aggregate, or to the
private sector, in any one year. This is due to the fact that this rule
simply revises available test methods for complying with existing
regulatory requirements, and in most cases, the SW-846 test methods are
provided as guidance, not requirements. Even where the use of a
specific test method is required, the Agency does not believe that the
revised methods will result in significant cost increases and indeed,
most of the revised methods are expected to result in reduced costs.
For example, new immunoassay methods can be run in the field, replacing
expensive gas chromatographic laboratory work; this will allow for more
and faster sampling, helping to reduce the cost of cleanups. Thus,
today's notice is not subject to the written statement requirements in
sections 202 and 205 of the Act.
As for section 203 of the Act, today's rule is not expected to have
any ``unique'' effects on small governments; the only expected effects
on a small government would be where that government is itself managing
hazardous wastes, and is using one or more test methods for complying
with RCRA regulations. Further, for the reasons set out in the prior
paragraph, the revised test methods would not be expected to have a
``significant'' effect on small governments (or other users of test
methods). Thus, today's notice is not subject to the requirements of
section 203 of the Act.
C. Certification Under the Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601-6012,
whenever an Agency is required to publish a general notice of
rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the impact of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The EPA has determined that this rule will not have a significant
economic impact on a substantial number of small entities. This rule
does not create any new regulatory requirements and it does not require
any new reports beyond those now required. Some of the methods found in
Update III to SW-846, Third Edition, are required by some of the
regulations under subtitle C of RCRA. Based on an evaluation of each of
those methods and the regulatory requirements, the Agency determined
that this update will not impose significant additional costs on any
member of the regulated community. In addition, SW-846 functions in
other situations as a guidance document and the net effect of an update
to the document is to provide greater flexibility and utility to all of
the regulated community, including small entities, by providing an
increased choice of appropriate analytical methods for RCRA
applications. Therefore, the EPA provides the following certification
under the Regulatory Flexibility Act, as amended by the Small Business
Regulatory Enforcement Flexibility Act. Pursuant to the provision at 5
U.S.C. 605(b), I hereby certify that this rule will not have a
significant economic impact on a substantial number of small entities.
Thus the rule, does not require an RFA.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Paperwork Reduction Act
There are no additional reporting, notification, or recordkeeping
provisions associated with today's rule. Such provisions, were they
included, would be submitted for approval to the Office of Management
and Budget (OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq.
List of Subjects
40 CFR Part 260
Environmental protection, administrative practice and procedure,
Confidential business information, Hazardous waste, Incorporation by
reference, Reporting and recordkeeping requirements.
40 CFR Part 264
Air pollution control, Hazardous waste, Insurance, Packaging and
containers, Reporting and recordkeeping requirements, Security
measures, Surety bonds.
40 CFR Part 265
Air pollution, Hazardous waste, Insurance, Packaging and
containers, Reporting and recordkeeping requirements, Security
measures, Surety bonds, Water Supply.
40 CFR Part 266
Energy, Hazardous waste, Recycling, Reporting and recordkeeping
requirements.
[[Page 32462]]
Dated: May 29, 1997.
Timothy Fields, Jr.,
Acting Assistant Administrator, Office of Solid Waste and Emergency
Response.
For the reasons set out in the preamble, title 40, ch. I, of the
Code of Federal Regulations is amended as set forth below:
PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
1. The authority citation for part 260 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935,
6937, 6938, 6939, and 6974.
Subpart B--Definitions
2. Section 260.11(a) is revised to read as follows:
Sec. 260.11 References.
(a) When used in parts 260 through 270 of this chapter, the
following publications are incorporated by reference:
(1) ``ASTM Standard Test Methods for Flash Point of Liquids by
Setaflash Closed Tester,'' ASTM Standard D-3278-78, available from
American Society for Testing and Materials, 1916 Race Street,
Philadelphia, PA 19103.
(2) ``ASTM Standard Test Methods for Flash Point by Pensky-
Martens Closed Tester,'' ASTM Standard D-93-79 or D-93-80. D-93-80
is available from American Society for Testing and Materials, 1916
Race Street, Philadelphia, PA 19103.
(3) ``ASTM Standard Method for Analysis of Reformed Gas by Gas
Chromatography,'' ASTM Standard D-1946-82, available from American
Society for Testing and Materials, 1916 Race Street, Philadelphia,
PA 19103.
(4) ``ASTM Standard Test Method for Heat of Combustion of
Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method),''
ASTM Standard D 2382-83, available from American Society for Testing
and Materials, 1916 Race Street, Philadelphia, PA 19103.
(5) ``ASTM Standard Practices for General Techniques of
Ultraviolet-Visible Quantitative Analysis,'' ASTM Standard E 169-87
available from American Society for Testing and Materials, 1916 Race
Street, Philadelphia, PA 19103.
(6) ``ASTM Standard Practices for General Techniques of Infrared
Quantitative Analysis,'' ASTM Standard E 168-88, available from
American Society for Testing and Materials, 1916 Race Street,
Philadelphia, PA 19103.
(7) ``ASTM Standard Practice for Packed Column Gas
Chromatography,'' ASTM Standard E 260-85, available from American
Society for Testing and Materials, 1916 Race Street, Philadelphia,
PA 19103.
(8) ``ASTM Standard Test Method for Aromatics in Light Naphthas
and Aviation Gasolines by Gas Chromatography,'' ASTM Standard D
2267-88, available from American Society for Testing and Materials,
1916 Race Street, Philadelphia, PA 19103.
(9) ``APTI Course 415: Control of Gaseous Emissions,'' EPA
Publication EPA-450/2-81-005, December 1981, available from National
Technical Information Service, 5285 Port Royal Road, Springfield, VA
22161.
(10) ``Flammable and Combustible Liquids Code'' (1977 or 1981),
available from the National Fire Protection Association, 470
Atlantic Avenue, Boston, MA 02210.
(11) ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846 [Third Edition (November
1986), as amended by Updates I (July 1992), II (September 1994), IIA
(August 1993), IIB (January 1995), and III (December 1996)]. The
Third Edition of SW-846 and Updates I, II, IIA, IIB, and III
(document number 955-001-00000-1) are available from the
Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402, (202) 512-1800. Copies of the Third Edition
and its updates are also available from the National Technical
Information Service (NTIS), 5285 Port Royal Road, Springfield, VA
22161, (703) 487-4650. Copies may be inspected at the Library, U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460.
(12) ``Screening Procedures for Estimating the Air Quality
Impact of Stationary Sources, Revised'', October 1992, EPA
Publication No. EPA-450/R-92-019, Environmental Protection Agency,
Research Triangle Park, NC.
(13) ``ASTM Standard Test Methods for Preparing Refuse-Derived
Fuel (RDF) Samples for Analyses of Metals,'' ASTM Standard E926-88,
Test Method C--Bomb, Acid Digestion Method, available from American
Society for Testing Materials, 1916 Race Street, Philadelphia, PA
19103.
(14) ``API Publication 2517, Third Edition'', February 1989,
``Evaporative Loss from External Floating-Roof Tanks,'' available
from the American Petroleum Institute, 1220 L Street, Northwest,
Washington, DC 20005.
(15) ``ASTM Standard Test Method for Vapor Pressure--Temperature
Relationship and Initial Decomposition Temperature of Liquids by
Isoteniscope,'' ASTM Standard D 2879-92, available from American
Society for Testing and Materials (ASTM), 1916 Race Street,
Philadelphia, PA 19103.
* * * * *
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
3. The authority citation for part 264 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.
Subpart AA--Air Emission Standards for Process Vents
4. Paragraphs (d)(1)(iii) and (f) of Sec. 264.1034 are revised to
read as follows:
Sec. 264.1034 Test methods and procedures.
* * * * *
(d) * * *
(1) * * *
(iii) Each sample shall be analyzed and the total organic
concentration of the sample shall be computed using Method 9060 or 8260
of SW-846 (incorporated by reference under Sec. 260.11).
* * * * *
(f) When an owner or operator and the Regional Administrator do not
agree on whether a distillation, fractionation, thin-film evaporation,
solvent extraction, or air or steam stripping operation manages a
hazardous waste with organic concentrations of at least 10 ppmw based
on knowledge of the waste, the procedures in Method 8260 of SW-846
(incorporated by reference under Sec. 260.11) may be used to resolve
the dispute.
* * * * *
Subpart BB--Air Emission Standards for Equipment Leaks
5. Paragraph (d)(2) of Sec. 264.1063 is revised to read as follows:
Sec. 264.1063 Test methods and procedures.
* * * * *
(d) * * *
(2) Method 9060 or 8260 of SW-846 (incorporated by reference under
Sec. 260.11); or
* * * * *
6. Footnote no. 5 to appendix IX to part 264 is revised to read as
follows:
Appendix IX to Part 264--Ground-Water Monitoring List
* * * * *
\5\ Suggested methods refer to analytical procedure numbers used
in the EPA publication, SW-846, ``Test Methods for Evaluating Solid
Waste'', Third Edition. Analytical details can be found in SW-846
and in documentation on file at the Agency. The packed column gas
chromatography methods 8010, 8020, 8030, 8040, 8060, 8080, 8090,
8110, 8120, 8140, 8150, 8240, and 8250 were promulgated methods
through Update IIB of SW-846 and, as of Update III, the Agency has
replaced these methods with ``capillary column GC methods'', as the
suggested methods.
* * * * *
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
7. The authority citation for part 265 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, and 6936,
unless otherwise noted.
[[Page 32463]]
Subpart AA--Air Emission Standards for Process Vents
8. Paragraphs (d)(1)(iii) and (f) of Sec. 265.1034 are revised to
read as follows:
Sec. 265.1034 Test methods and procedures
* * * * *
(d) * * *
(1) * * *
(iii) Each sample shall be analyzed and the total organic
concentration of the sample shall be computed using Method 9060 or 8260
of SW-846 (incorporated by reference under Sec. 260.11).
* * * * *
(f) When an owner or operator and the Regional Administrator do not
agree on whether a distillation, fractionation, thin-film evaporation,
solvent extraction, or air or steam stripping operation manages a
hazardous waste with organic concentrations of at least 10 ppmw based
on knowledge of the waste, the procedures in Method 8260 of SW-846
(incorporated by reference under Sec. 260.11) may be used to resolve
the dispute.
* * * * *
Subpart BB--Air Emission Standards for Equipment Leaks
9. Paragraph (d)(2) of Sec. 265.1063 is revised to read as follows:
Sec. 265.1063 Test methods and procedures.
* * * * *
(d) * * *
(2) Method 9060 or 8260 of SW-846 (incorporated by reference under
Sec. 260.11); or
* * * * *
PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
10. The authority citation for part 266 continues to read as
follows:
Authority: 42 U.S.C 6905, 6912(a), 6924, and 6934.
Subpart H---Hazardous Waste Burned in Boilers and Industrial
Furnaces (effective August 21, 1991)
11. Section 266.104 is amended by revising paragraph (e)(1) to read
as follows:
Sec. 266.104 Standards to control organic emissions.
* * * * *
(e) * * *
(1) During the trial burn (for new facilities or an interim status
facility applying for a permit) or compliance test (for interim status
facilities), determine emission rates of the tetra-octa congeners of
chlorinated dibenzo-p-dioxins and dibenzofurans (CDDs/CDFs) using
Method 0023A, Sampling Method for Polychlorinated Dibenzo-p-Dioxins and
Polychlorinated Dibenzofurans Emissions from Stationary Sources, EPA
Publication SW-846, as incorporated by reference in Sec. 260.11 of this
chapter.
* * * * *
12. Section 266.106 is amended by revising paragraph (g)(1) and (2)
to read as follows:
Sec. 266.106 Standards to control metals emissions.
* * * * *
(g) * * *
(1) General. Emission testing for metals shall be conducted using
Method 0060, Determinations of Metals in Stack Emissions, EPA
Publication SW-846, as incorporated by reference in Sec. 260.11 of this
chapter.
(2) Hexavalent chromium. Emissions of chromium are assumed to be
hexavalent chromium unless the owner or operator conducts emissions
testing to determine hexavalent chromium emissions using procedures
prescribed in Method 0061, Determination of Hexavalent Chromium
Emissions from Stationary Sources, EPA Publication SW-846, as
incorporated by reference in Sec. 260.11 of this chapter.
* * * * *
13. Section 266.107 is amended by revising paragraph (f) to read as
follows:
Sec. 266.107 Standards to control hydrogen chloride (HCl) and chlorine
gas (Cl2) emissions.
* * * * *
(f) Emissions testing. Emissions testing for HCl and Cl2
shall be conducted using the procedures described in Methods 0050 or
0051, EPA Publication SW-846, as incorporated by reference in
Sec. 260.11 of this chapter.
* * * * *
14. In appendix IX to part 266, section 3.0 is revised to read as
follows:
Appendix IX to Part 266--Methods Manual for Compliance with the BIF
Regulations
* * * * *
3.0 Sampling and Analytical Methods
Note: The sampling and analytical methods to the BIF manual are
published in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, as incorporated by
reference in Sec. 260.11 of this chapter.
* * * * *
[FR Doc. 97-15410 Filed 6-12-97; 8:45 am]
BILLING CODE 6560-50-P
