Hazardous Waste Management System; Testing and Monitoring Activities

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

---------------------------------------------------------------------------

\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).

---------------------------------------------------------------------------

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